SEC Filings

S-1
AVEXIS, INC. filed this Form S-1 on 01/15/2016
Entire Document
 

 

A.       To change the name or street address of the Building;

 

B.       To install and maintain a sign or signs on the interior or exterior of the Building;

 

C.       To have access for Landlord and any other tenants of the Building to any mail chutes located on the Premises according to the rules of the United States Postal service;

 

D.       To prohibit any vendor from furnishing sign painting and lettering, ice, drinking water, towels, food, beverages, vending machines and toilet supplies, lamps and bulbs used on the Premises if such vendor has previously in connection with the Building, been grossly negligent, engaged in willful misconduct or unlawful conduct or failed to comply with rules and regulations applicable to the Building after reasonable notice by Landlord;

 

E.        To decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy if Tenant vacates the Premises prior the expiration of the Term;

 

F.         To retain at all times passkeys to the Premises;

 

G.       To grant to anyone the exclusive right to conduct any particular business or undertaking in the Building, provided is does not impact Tenant’s use of Premises;

 

H.      To exhibit the Premises to others during the last nine (9) months prior to the Termination Date; provided, however, that Landlord shall provide Tenant with reasonable advance written notice and Landlord’s exhibition of the Premises shall not unreasonably interfere with Tenant’s use of the Premises,

 

I.           To close the Building after regular working hours and on the holidays; subject, however, to Tenant’s rights to admittance, under such reasonable regulations as Landlord may prescribe from time to time, which may include by way of example but not of limitation, to require that persons entering or leaving the Building identify themselves to a watchman by registration or otherwise and that said persons establish their right to enter or leave the Building, and provided, that Landlord shall not be liable for the failure to admit any person to the Building;

 

J.           To approve the weight, size and location of safes or other heavy equipment or articles, which articles may be moved in, about, or out of the Building or Premises only at such times and in such manner as Landlord shall direct, and in all events, at Tenant’s sole risk and responsibility;

 

K.       To take any and all measures, including inspections, repairs, alterations, decorations, additions and improvements to the Premises or to the Building and temporary closures of the Building, as may be necessary or desirable for the safety, protection or preservation of the Premises or the Building or Landlord’s interests or the interest of other tenants, or as may be necessary or desirable in the operation of the Building.

 

L.        Landlord may enter upon the Premises, with reasonable notice, unless in the case of an emergency, and may exercise any or all of the foregoing rights reserved without being deemed guilty of an eviction or disturbance of Tenant’s use or possession and without being liable in any manner to Tenant and without abatement of rent or affecting any of Tenant’s obligations hereunder; provided, however, that Landlord shall not unreasonably interfere with Tenant’s use of the Premises.

 

19.       Holding Over. If Tenant retains possession of the Premises or any part thereof after the termination of the Term, or any extension thereof, by lapse of time and otherwise, Tenant shall pay Landlord monthly rental, at one and one-half times the rate payable for the month immediately preceding said holding over (including increases for Rent Adjustment which Landlord may reasonably estimate), computed on a per-month basis, for each month or part thereof (without reduction for any such partial month) that Tenant thus remains in possession. The provisions of this Section 19 do not exclude Landlord’s rights of re-entry or any other right hereunder. Any such extension or renewal shall be subject to all other terms and conditions herein contained.

 

20.       Landlord’s Remedies,

 

A.       Each of the following shall constitute a breach of this Lease by Tenant: (i) Tenant fails to pay any installment or other payment of rent, including, without limitation Rent, Rent Adjustment Deposits or Rent Adjustment within five (5) days of the date that Tenant receives a notice from Landlord stating that the relevant payment is delinquent; (ii) Tenant fails to observe or perform any of the other covenants, conditions or provisions of this Lease or under any Work letter to be observed or performed by Tenant and fails to cure

 

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such default within fifteen (15) days after written notice thereof to Tenant; (iii) the interest of Tenant in this Lease is levied upon under execution or other legal process; (iv) a petition is filed by or against Tenant to declare Tenant bankrupt or seeking a plan of reorganization or arrangement under any chapter of the Bankruptcy Act or any amendment, replacement or substitution therefor, or to delay payment of, reduce or modify Tenant’s debts, or any petition is filed or other action taken to reorganize or modify Tenant’s capital structure or upon the dissolution of Tenant; or (v) Tenant is declared insolvent by law or any assignment of Tenant’s property is made for the benefit of creditors, or a receiver is appointed for Tenant or Tenant’s property.

 

B.       In the event of any breach of this Lease by Tenant, Landlord at its option, without further notice or demand to Tenant, may, in addition to all other rights and remedies provided in this Lease, at law or in equity:

 

(i) terminate this Lease and Tenant’s right of possession of the Premises, and recover all damages to which Landlord is entitled under law, specifically including, without limitation, rent for the balance of the Term, all Landlord’s expenses of reletting (including repairs, alterations, improvements, additions, decorations, legal fees and brokerage commissions); or

 

(ii) terminate Tenant’s right of possession of the Premises without terminating this Lease, in which event Landlord shall make reasonable efforts to relet the Premises, or any part thereof, for the account of Tenant, for such rent and term and upon such terms and conditions as are acceptable to Landlord.

 

For purposes of such reletting, Landlord is authorized to decorate, repair, alter and improve the Premises to the extent reasonably necessary. If Landlord fails or refuses to relet the Premises or if the Premises are relet and a sufficient sum not be realized therefrom after payment of all Landlord’s reasonable expenses of reletting (including reasonable repairs, alterations, improvements, additions, decorations, legal fees and brokerage commissions) to satisfy the payment when due of rent reserved under this Lease for each such monthly period or if the Premises have been relet, Tenant shall pay any such deficiency monthly. Tenant agrees that Landlord may file suit to recover any sums due to Landlord hereunder from time to time and that such suit or recovery of any amount due Landlord hereunder shall not be any defense to any subsequent action brought for any amount not then reduced to judgment in favor of Landlord. In the event Landlord elects, pursuant to this Section 20B, to terminate Tenant’s right of possession only, without terminating this Lease, Landlord may, at Landlord’s option, enter into the Premises, remove Tenant’s signs and other evidences of tenancy, and take and hold possession thereof, as provided in Section 21 hereof, provided, such action shall not terminate this Lease or release Tenant, in whole or in part, from Tenant’s obligation to pay the rent reserved hereunder for the Term or from any other obligation of Tenant under this Lease. Any and all property which may be removed from the Premises by Landlord pursuant to the authority of the Lease or of law, to which Tenant is or may be entitled, may be handled, removed or stored by Landlord at the risk, cost and expense of Tenant, and Landlord shall in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay to Landlord, upon demand, any and all expenses reasonably incurred in such removal and all reasonable storage charges against such property so long as the same shall be in Landlord’s possession or under Landlord’s control. Any such property of Tenant not retaken from storage by Tenant within thirty (30) days after the end of the Term, however terminated, shall be conclusively presumed to have been conveyed by Tenant to Landlord under this Lease as a bill of sale without further payment or credit by Landlord to Tenant. Tenant hereby grants to Landlord a first lien upon the interest of Tenant under this Lease to secure the payment of monies due under this Lease which lien may be enforced in equity. Any default by Tenant of any term or condition hereof other than the payment of sums due hereunder may be restrained or enforced by injunction.

 

C.       In the event of any legal action for breach of this Lease, the non-prevailing party shall pay upon demand, all costs and expenses, including reasonable attorney’s fees, incurred by the prevailing party in connection with such legal action.

 

D.       If the term of any lease, other than this Lease, made by Tenant for any Premises in the Building shall be terminated or terminable after the making of this Lease because of any default by Tenant under such other lease, such fact shall empower Landlord, at Landlord’s sole opinion, to terminate this Lease by notice to Tenant.

 

21.       Surrender of Possession. Upon the expiration or other termination of the Term, Tenant shall quit and surrender to Landlord the Premises, broom clean, in good order and condition, ordinary wear excepted, surrender all keys to the Premises to Landlord, and Tenant shall remove all of its property except as otherwise specifically provided herein.

 

If Tenant does not remove its property of every kind and description from the Premises prior to the end of the Term, however ended, such property may be handled, removed or stored by Landlord at the risk, cost and expense of Tenant, and Landlord shall in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay to Landlord, upon demand, any and all expenses reasonably incurred in such removal and all reasonable storage charges against such property so long as the same shall be in Landlord’s possession or under Landlord’s control. Any such property of Tenant not retaken from storage by Tenant within thirty (30) days after the end of the Term, however terminated, shall be conclusively presumed to have been conveyed by Tenant to Landlord

 

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