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80A - JOINT WORK CENTER MOU
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80A - JOINT WORK CENTER MOU
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Last modified
4/28/2022 11:33:23 AM
Creation date
5/2/2019 6:11:42 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
80A
Date
5/7/2019
Destruction Year
2024
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EXHIBIT 1C <br />Schedule" .-V Tenant shall be given a credit against ROFO Rent nextdue hemunderequat to die amount of any overpayment, if Tenant fails, lit the <br />applicable Acceptance Notice, to expressly reject Landlord's determination of the FMRR (and ROM Raul) set faith In the applicable First Offer <br />Notice, then Tenant shall conclusively be deemed to have accepted Landlord's delernnintion of the FMRR (and ROFO Rent) for the applicable <br />Leased Fist Right Space as set forth it) the applicable First Ober Notice, Notwithstanding anything to the contrary herein. Tenant shah Puy <br />Additional Rent with respect to any Leased First Right Space in the same manner as for the Initial Premises, including, without limitation, in <br />accordance with the provisions orSection 2 of the Lease, and Tenant's Percentage Share shall be Increased to take Into account ilia expansion of <br />the premises to Include such Leased First Right Space, <br />3.4 Delivery and Condition orLeased First Rlelit Spnee• Delivery Improvement. <br />3.4.1 Landlord shall endeavor to deliver die Leased First Right Space to Tenant on or before the applicable Offm'ad Space <br />Scheduled Commencement Crate (as identified in the sppleable First Offer Notice); provided, however, that if for any reason, Lmdlord is not in a <br />position to so deliver such Leased First Right Space oil such date, Landlord shall not be in breach under this Lease and otherwise shall have no <br />liability to Temna so long as Landlord uses commercially reasonable efforts to deliver such Leased First Right Space to Tenant as soon as reasonably <br />possible thereafter. <br />3.4.2 Tenant shall accept any Leased First Right Space In its then existing "AS IS" condition and slate of repair, and <br />Landlord shall not be required to perform any work, supply any materials or Incur any expense (including the granting of any allowonce to Tentin <br />with respect thereto) to prepare any Leased First Right Space ti,r Tei nut's occupancy; provided, however, that: (s) Landlord shall cause the Leased <br />First Right Space to be demised prior to the date on which It Is delivered to Tenant, mid (b) to the extent (and only to the extent) determined in <br />connection with detennination of ilia FMRR for any Leased First Right Space: (i) if such Leased First Right Space has not, prior to the date the same <br />Is delivered to Tenant, previously been improved, Landlord shall grant to Tenant, a rent free construction period (with respect to the ROFO Rent <br />payable fbr such Leased First Right Space only) for tie constriction of the initial Leasehold Improvements (if any) in such Leased First Right Space, <br />and (B) Landlord may grant to Tenant an Improvement allowance to be used for costs that are incurred In connection with tie construction of the <br />Infidel Leasehold Improvements (if any) in such Leased First Right Space, The construction of all Leasehold Improvements by Tenant In any Leased <br />First Right Space shall comply with the provisions of Article ID of the Lease <br />80111rC8ir Cenrvr Dr—C/a•uf5nnrrr .inn Lena .d. fi.ehibir <br />F ' A - A <br />
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