SEC Filings

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

 

(2)  a working environment pursuant to which multiple commonly-owned affiliates of the Tenant are sharing or working in the same office space in the Premises. An Incubator Business means any person, entity or business that incubates startup and emerging companies by providing management. financial or technology support or training within its premises in the Building and which both: (a) does not charge rent, a membership fee or any other charge, cost or expense for use of space to persons, entities or businesses being incubated within its premises, and (b) has an actual or speculative Ownership interest in or management rights with respect to such business being incubated. If Landlord determines, in its sole discretion, that Tenant (or any subtenant, licensee or assignee of Tenant or any other occupant of the Premises) is in violation of this Exclusive Use Covenant. Landlord shall provide Tenant with written notice thereof, and Tenant shall have ten (10) Business Days thereafter to cure such violation. In the event that Tenant fails to cure such violation within such ten (10) Business Day period, then the same shall be deemed to be an incurable default under the Lease, and Landlord  shall be permitted to pursue any and all remedies available at law or equity. Tenant acknowledges that the violation of the Exclusive Use Covenant may give rise to an irreparable injury to Landlord inadequately compensable in monetary damages. Accordingly, Landlord may seek (without the posting of any bond or other security) injunctive or declaratory relief against Tenant for the breach hereof, in addition to any other legal and equitable remedies which may be available. Furthermore, Landlord shall have the right to seek consequential damages against Tenant in connection with such breach or violation hereof.

19. Brokers. Landlord and Tenant each represents to the other that it has had no dealings. negotiations, or consultations with any broker, representative, employee, agent or other intermediary in connection with this Amendment except Jones Lang LaSalle Brokerage. Inc. (“Broker”). Landlord and Tenant agree that each will indemnify. defend and hold the other free and harmless from the claims (including reasonable attorneys' fees  and expenses) of any broker(s), representative(s), employee(s), agent(s) or other intermediary(ies) claiming to have represented Landlord or Tenant, respectively. or otherwise to be entitled to compensation in connection with this Amendment other than Broker. Landlord agrees to pay Broker a commission in connection with the execution of this Amendment pursuant to a separate written agreement. The provisions of this paragraph shall survive the expiration or sooner termination of the Lease.

20. Notices. As of the Amendment Date, the Designated Address for Landlord opposite Landlord’s signature on the Lease and is hereby deleted in its entirety and replaced with the following, pursuant to Section 9.1 of the Lease:

MEPT 600 California Street LLC

c/o Bentall Kennedy (U.S.) Limited Partnership

Attn: Senior Vice President - Asset Management

 

Facsimile:

With copies to:

MEPT 600 California Street LLC

c/o Bentall Kennedy (U.S.) Limited Partnership

Attn: Senior Vice President - Asset Management

 

Facsimile:

And to:

MEPT 600 California Street LLC

c/o NewTower Trust Company

Attn: President

 

Facsimile:

With a copy to Manager at:

Jones Lang LaSalle Americas, Inc.