SEC Filings

AVEXIS, INC. filed this Form S-1 on 01/15/2016
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to the contrary in this Section, or elsewhere in the Lease, Tenant’s duty to comply with all applicable laws, rules, regulations or requirements shall not obligate Tenant to make, or cause to be made, any alterations, additions or improvements, structural or otherwise, to the Premises.


6.         Condition of Premises. Except as provided below, Tenant’s taking possession of the Premises shall be deemed to be Tenant’s acceptance of the Premises in the order and condition as then exists. No promise of Landlord to alter, remodel, decorate, clean or improve the Premises or the Building and no representation respecting the condition of the Premises or the Building have been made by Landlord to Tenant, except for “Landlord’s Work” described in the Work Letter attached as Exhibit “B”, or as otherwise contained herein. Landlord shall deliver the existing Building systems and fixtures within, or servicing, the Premises upon completion of Landlord’s Work in good working order as of the respective Commencement Date(s), provided the Commencement Date, Rent and Tenant’s other obligations with respect to the Expansion Premises shall be postponed for the period (not to exceed thirty (30) days) that Tenant is not reasonably able to occupy the Expansion Premises because Landlord fails by (without contributory fault by Tenant or Tenant’s space planners, architects, contractors, agents and employees) to: (i) deliver possession of the Expansion Premises, and (ii) substantially complete any improvements to the Expansion Premises required to be performed by Landlord under this Lease by the Commencement Date for the Expansion Premises set forth in Section 1. No postponement of rent shall occur in the event there exist any delays due to Tenant, its space planners, architects, contractors, agents or employees. Any such delay in the Commencement Date shall not subject Landlord to liability for loss or damage resulting therefrom, and Tenant’s sole recourse with respect thereto shall be the postponement of Rent and other obligations described herein.


7.         Possession. If Landlord shall be unable to give possession of the Initial Premises as described herein for any reason the rent reserved and covenanted to be paid herein and the Commencement Date with respect to the Initial Premises shall not be deemed to have occurred until the Initial Premises are made available to Tenant. Rent reserved and covenanted to be paid herein for the Expansion Premises shall commence on the Commencement Date for the Expansion Premises as described in this Lease. No failure to give possession of the Premises, or any part thereof, shall subject Landlord to any liability for failure to give possession nor shall same affect the validity of this Lease or the obligation of Tenant hereunder. The Premises, or any part thereof, shall not be deemed to be unready for Tenant’s occupancy or not substantially complete if only minor or insubstantial details of construction, decoration or mechanical adjustments remain to be done or if the delay in the availability shall be due to special work, changes, alterations or additions required or made by Tenant in the layout or finish of the Premises, or any part thereof, or shall be caused in whole or in part by Tenant through the delay of Tenant in submitting plans, supplying information, approving plans, specifications or estimates, giving authorizations, or shall be otherwise caused in whole or in part by delay and/or default on the part of Tenant. In the event of any dispute as to whether the Premises, or any part thereof, are ready for Tenant’s occupancy, the reasonable opinion of Landlord’s architect, in the architect’s professional judgment, shall be final and binding on the parties.


8.         Care and Maintenance. Subject to the provisions of Sections 13 and 14 hereof, Tenant shall, at Tenant’s own expense, keep the Premises in good order, condition and repair and shall pay for the repair of any damages caused by Tenant, its agents, employees or invitees. Tenant shall promptly arrange with Landlord, at Tenant’s sole expense, for the repair of all such damage to the Premises caused by Tenant, its agents, employees or invitees and, to the extent caused thereby, the replacement or repair of all damaged or broken glass (including signs thereon), fixtures and appurtenances (including hardware, heating, cooling, ventilating, electrical, plumbing and other mechanical facilities in the Premises), with materials equal in quality and class to the original materials damaged or broken, within a reasonable period of time specified by Landlord. All repairs and replacements are to be made under the supervision and with the prior written approval of Landlord, using contractors or persons acceptable to Landlord. If Tenant does not promptly make such arrangements, Landlord may, but need not, make such repairs and replacements and one hundred twenty (120%) percent of Landlord’s out-of-pocket cost for such repairs and replacements shall be deemed additional rent reserved under this Lease which is due and payable forthwith. Tenant shall also pay Landlord or the managing agent of the Building, as Landlord may direct, all costs for overtime and for any other out-of-pocket expenses incurred, to the extent not otherwise included for purposes of calculating the Expenses, in the event repairs, alterations, decorating or other work in the Premises are not made during ordinary business hours at Tenant’s request. Except as otherwise provided in this Lease, Landlord shall keep the roof, structure, exterior walls and windows, Building systems and equipment, and any parking and other common areas of the Project, in good and sanitary condition, working order and repair (the cost of which shall be included in Expenses to the extent permitted in the definition thereof in Section 4).


9.         Alterations. Tenant shall not do any painting or decorating, or erect any partitions, make any alterations in or additions to the Premises or do any nailing, boring or screwing into the ceilings, walls or doors, without Landlord’s prior written consent in each and every instance. However, Tenant shall have the right to make cosmetic alternations of up to $5,000 which do not impact the Building systems and structure. If Landlord consents to such alterations or additions (which consent shall not be unreasonably withheld but may include a requirement in Landlord’s reasonable discretion that such work shall be performed either by or under the direction of Landlord at no additional cost to Tenant above any quote Tenant has received for such work from a third party), before commencement of the work or delivery of any materials into the Premises or into the Building, Tenant shall furnish Landlord for



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