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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 1A <br />Schedu to 1-3" Tenant shop be given a credit against ROFO Rent next due hereunderequid to the amount of any avetpuymant. IfTennnt faiis, In the <br />applicable Acceptance Notice, to expressly reject Landlord's deeelmhtation of the FMRR (and ROFO Rent) set froth In die appIIcot) le First Offer <br />Notice, then Tenont shall conclusively be deemed to have accepted Landlord's determination of the FMRR (and ROFO Rent) for the applicable <br />Lensed First Right Space as set forth in the applicable First Oiler Notice. Notwithstanding anything to the contrary herein. Tenant shah pay <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 of Secti2 of the Lease, and Tenant's Percentage Share shall be Increased to take into account the expansion of <br />die Premises to include such Leased First Right Space, <br />3.4 Delivery and Cnndhinn orLaased First Right Space Deliver• Improvement, <br />3.4.1 Landlord shall endeavor to deliver die Leased First Right Space to Teuan, on or before the applicable Offered space <br />Scheduled Commencement Dole (as Identified in the applicable First Offer Notice); provided, however, that if for any reason, Lmidiord is not in a <br />position to so deliver such Leased First Right Space on such date, Landlord shall not be in breach under this Lease and otherwise shall have no <br />liability to Tenant so long as Landlord uses commercially reasonable efforts to deliver such Leased First Right Space to Tenmt as soon as reasonably <br />possible thereafter. <br />3.4.2 Tenont shall accept any Leased First Right Space In its then existing "AS IS" condition and state of repair, and <br />Landlord shall not be required to perform any work, supply any materials or incur any expense (including the &,sitting of any allowanca to Tenant <br />with respect thereto) to prepare any Leased First Right Space Ion -Tenant's occupancy; provided, however, diet: (a) Landlord shall cause the Leased <br />First Right Space to be demised prior to the date on which It is delivered to Tenant, acid (b) to ate extent (and only to the extent) determined in <br />connection with determination of the FMRR for any Lensed Fits[ Right Space: (i) if such Leased First Right Space has not, prior to the date the some <br />Is delivered to Tenant, previously been Improved, Landlord shall grant to Tenant, a rent iree construction period (with respect to the ROFO Rent <br />payable for such Leased First Right Space only) for die consul of (lie initial Leasehold Improvements (if any) In such Leased First Right Space, <br />and (B) Landlord may grant to Tenant on improvement allowance to be used for costs that are incurred In connection with the construction of the <br />Inldal Leasehold Improvements (if any) in such Leased First Right Space, The construction oral I Leasehold Improvements by Tenant in any Leased <br />First Right Space shot I comply with the provisions of Article 10 or the Lease <br />80111 Clrlr Cervnr Or—Cle•uf.Snuur .Inn Lome 4. FNIobft I <br />�• • <br />
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