SEC Filings

10-K
AUDENTES THERAPEUTICS, INC. filed this Form 10-K on 03/13/2017
Entire Document
 

 

(3) Commencing on the Lease Commencement Date, Lessee shall pay to Lessor Lessee's Percentage Share of Common Area Maintenance and Repair Costs as additional rent hereunder within thirty (30) days of receiving a written notification from Lessor of Lessee's Percentage Share of said costs.

B. Lessor's Responsibilities.

(1) Lessor shall at Lessor's expense (which shall not be included in Common Area Maintenance Costs unless expressly permitted herein) maintain the roof (including the roof membrane), the foundation, the structural portions of the Building and the exterior walls of the Building.  Lessor's financial responsibility for the roof is for the structure and membrane alone and does not include the costs of the maintenance of the drain pipes from the roof or other structures appurtenant thereto. Lessor's financial responsibility for the exterior walls does not include maintenance, repair or replacement of the interior portion of the exterior walls, the interior partition walls, studs, sheet rock, or any windows, window frames, or plate glass or doors or any damage directly caused by the act or omission of Lessee or the costs of repairing any vandalism to the exterior walls or roof - all of which remain the responsibility of Lessee. Except in cases of an emergency posing a danger to persons or property or which materially interfere with the conduct of Lessee’s business,  Lessor shall have no obligation to make repairs under this subparagraph until twenty (20) days after receipt of written notice of the need for such repairs from Lessee.  If the repairs cannot be completed within twenty (20) days after receipt of such notice, Lessor shall not be in default hereunder if Lessor commences the repairs within the twenty (20) days and continues thereafter to complete the repairs or if said repairs cannot be completed timely due to factors beyond the reasonable control of Lessor.  

(2) Lessor, at Lessee's expense shall maintain and repair all common areas (including lobbies and passage ways), grounds (including landscaping, parking areas, the Common Roadway, driveways and fences), drain pipes from the roof or other structures appurtenant thereto, any utility systems or services or portions thereof which serve the Building as well as the Premises and any damage caused by vandalism to the roof or exterior walls. If  Lessee damages the internal columns in the Premises and fails within thirty (30) days after written notice from Lessor to commence the repair and/or replacement of said columns, Lessor at Lessor's option may enter the Premises and cause said repairs to be made. Lessee shall reimburse Lessor for the full cost of said repairs within thirty (30) days of being given written notice by Lessor of the amount of the cost of said repairs.

(3) If Lessor (or its employees, agents or contractors) undertakes work to the Building and that work directly causes damage to utility lines serving the Premises resulting in a termination of such utilities serving the Premises which causes Lessee to cease its operations in the Premises, if said interruption lasts longer than five (5) business days,  Lessee shall be entitled to a rebate of Base Monthly Rent for each additional business day it does not have utility services and it cannot operate its business in the Premises.  

10. Alterations.

A. Except for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Premises (“Movable Fixtures”) and except for Cosmetic Alterations (as hereinafter defined), Lessee shall not make any alterations, additions or improvements to the Premises (collectively, “Alterations”) without Lessor’s prior written consent.  As used herein, “Cosmetic Alterations” shall mean an alteration, addition or improvement that: (i) is limited to the interior of the Premises; (ii) does not affect the exterior (including the appearance) of the Building;  (iii) is non-structural or does not affect the structural integrity of the Building;  (iv) does not affect the usage or the proper functioning of the mechanical, electrical, sanitary, HVAC or other service systems of the Building; and (v) does not exceed Ten Thousand and 00/100 Dollars ($10,000.00) in each instance.  Lessee shall provide Lessor written notice of all Cosmetic Alterations to the space fifteen (15) business days prior to undertaking any such Cosmetic Alterations.  Lessee must obtain Lessor’s prior written consent for all other alterations any improvements, alterations, additions or changes to the Premises or any mechanical, plumbing or HVAC facilities or systems pertaining to the Premises (“Material Alterations” which consent shall be requested by Lessee not less than fifteen (15) business days prior to the commencement thereof, and which consent shall not be unreasonably withheld, conditioned or delayed by Lessor.

Any permitted Material Alterations shall remain on and be surrendered by Lessee with the Premises on expiration or termination of the term or any extension thereof, except that Lessor may elect at least sixty (60) days prior to the expiration of the term to require that Lessee remove any Cosmetic Alterations and/or