SEC Filings

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


Q.       Tenant shall not install in the Premises any equipment, other than normal and customary office equipment, that uses a substantial amount of electricity without the advance written consent of Landlord, not to be unreasonably withheld, conditioned or delayed. Tenant shall ascertain from Landlord the maximum amount of electric current which can safely be used in the Premises, taking into account the ability of the electric wiring in the Building of the Premises and the needs of other tenants in the Building and shall not use more than such safe capacity. Landlord’s consent to the installation of electric equipment shall not relieve Tenant from the obligation not to use more electricity in such safe capacity;


R.       Tenant may not install carpet padding or carpet by means of a mastic, glue or cement without Landlord’s prior written consent. Such installation shall be by tackless strip or double-faced tape only;


S.         Tenant shall not, without Landlord’s prior written consent in each instance, do any cooking, baking, heating, preparation, or selling of any food or beverages in the Premises, or permit the same to occur, except for coffee service and microwave ovens to service Tenant;


T.        If Tenant breaches any covenant or condition of this Section 25, then in addition to all other liabilities, rights and remedies for breach of any covenant of this Section 25, Tenant shall pay to Landlord all damages caused by such breach and shall also pay to Landlord as additional rent an amount equal to any increase in insurance premium or premiums caused by such breach. Landlord shall have the right to make, and Tenant shall observe, such reasonable rules and regulations as Landlord or its agent may from time to time adopt on such reasonable notice to be given as Landlord may elect. Nothing in this lease shall be construed to impose upon Landlord any duty or obligation to enforce provisions of this Section 25 or any rules and regulations hereafter adopted, to the terms, covenants or conditions of any other lease as against any other tenant, and Landlord shall not be liable to Tenant for violation of the same by any other tenant, its servants, employees, agents, visitors or licensees.


26.       Use of Premises.


The Tenant shall use the Premises for general office operations.


27.       Miscellaneous.


A.       No payment by Tenant or receipt by Landlord of a lesser amount than any installment or payment of rent due shall be deemed to be other than a payment on account of the amount due and no endorsement or statement on any check or any letter accompanying any check or payment of rent shall be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord’s right to recover the balance of such installment or payment of rent or pursue any other remedies available to Landlord. No receipt of money by Landlord from Tenant after the termination of this Lease or after the service of any notice or after the commencement of any suit, or after final judgment for possession of the Premises shall reinstate, continue or extend the term of this Lease or affect any such notice, demand or suit.


B.       No waiver of any default of Tenant hereafter shall be implied from any omission by Landlord to take any action on account of such default, and if such default be repeated, no express waiver shall affect any default other than the default specified in the express waiver and that only for the time and to the extent therein stated.


C.       The words “Landlord” and “Tenant” wherever used in the Lease shall be construed to mean plural when necessary, and the necessary grammatical changes required to make the provisions hereof apply either to corporations or individuals, men or women, shall in all cases be assumed as though in each case fully expressed. The term “Tenant” shall include Tenant’s agents, employees, contractors, officers, invitees, successors and others using the Premises with the expressed or implied permission of Tenant.


D.       Each provision hereof shall extend to and shall, as the case may require, bind and inure to the benefit of Landlord and Tenant and their respective heirs, legal representatives, successors and assigns in the event this Lease has been assigned with the express written consent of Landlord; provided, however, this provision shall not be construed to permit any assignment or subletting by Tenant.


E.        This Lease shall become effective only if and when both Landlord and Tenant have executed and delivered this Lease.


F.         All amounts (unless otherwise provided herein, and other than the Annual Rent and Rent Adjustment, which shall be due as hereinbefore provided) owed by Tenant to Landlord hereunder shall be deemed additional rent and be paid within thirty (30) days from the date Landlord renders statements of account therefor. All such amounts (including Annual Rent and Rent Adjustment) shall bear interest from the date due until the date paid at the rate of four (4%) percent above the prime rate of interest published by Bank of America N.A. on the date that any payment is due, or at the maximum legal rate of interest, allowed by law, if such maximum legal rate



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