SEC Filings

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


is applicable and lower. Whenever the term “Rent” is referred to in this Lease, it shall include, Annual Rent, Rent Adjustment and all additional rent.


G.       All riders and exhibits attached to this Lease referred to herein be hereby made a part of this Lease as though inserted in this Lease.


H.      The headings of sections are for convenience only and do not limit or construe the contents of the sections.


I.           If Tenant shall occupy the Premises prior to the beginning of the term of this Lease with Landlord’s consent, all the provisions of this Lease, other than Rent, shall be in full force and effect as soon as Tenant occupies the Premises.


J.           Tenant represents that Tenant has dealt directly with and only with Agent and the Brokers listed in Section 1 hereof, as brokers in connection with this Lease and that, insofar as Tenant knows, no other broker negotiated this Lease or is entitled to any commission in connection therewith. Tenant shall indemnify and hold Landlord, Owner and Owner’s partners and their respective agents and employees harmless from all claims of any other broker or brokers in connection with this Lease.


K.       Tenant shall at any time and from time to time upon not less than ten (10) days prior written request from Landlord execute, acknowledge and deliver to Landlord, in form reasonably satisfactory to Landlord and/or Landlord’s mortgagee or purchaser, a written statement certifying (if true and with such qualifications as may be necessary) that Tenant has accepted the Premises, that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same are in full force and effect as modified and stating the modifications), that to, Tenant’s actual knowledge, Landlord is not in default hereunder, the date to which the Rent and other charges have been paid in advance, if any, and such other accurate certifications as may reasonably be requested by Landlord or Landlord’s mortgagee or purchaser, and agreeing to give copies to any mortgagee of Landlord of all default notices sent or delivered to Tenant by Landlord. It is intended that any such statement delivered pursuant to this subsection may be relied upon by the relevant purchaser or mortgagee of the Premises and their respective successors and assigns.


L.        Landlord’s or Owner’s title is and always shall be paramount to the title of Tenant and nothing herein contained shall empower Tenant to do any act, which can, shall or may encumber such title.


M.    The laws of the State of Illinois shall govern the validity, performance and enforcement of this Lease.


N.       If any term, covenant or condition of this Lease or application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable the remainder of this Lease, or the application of such term, covenant or condition to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby and each term, covenant or condition of this Lease shall be valid and be enforced to the fullest extent permitted by law.


O.       Each party warrants and represents to the other party that it has full power and authority to execute this Lease. In the event Tenant is a general partnership or consists of two or more individuals, all present-and future partners or individuals, as applicable, shall be jointly and severally liable hereunder.


P.         Landlord has no obligation pursuant to this Lease except as expressly provided for herein. Landlord’s liability hereunder shall cease upon the transfer of Landlord’s interest in this Lease.


Q.       This Lease sets forth all the covenants, promises, agreements, conditions and understandings between Landlord and Tenant, concerning the Premises and there are no covenants, promises, agreements, conditions, or understandings, either oral or written, between them other than as herein set forth, except as herein otherwise provided, and no subsequent alteration, amendment, change or addition to this Lease shall be binding upon Landlord or Tenant unless reduced to writing and signed by them.


R.       Notices hereunder shall be in writing and shall be deemed given when received if:


(i) served by Landlord upon Tenant by leaving a notice at the Premises or forwarding through certified or registered mail, postage prepaid, to Tenant at the Premises.

(ii) served by Tenant upon Landlord when addressed to Landlord and served by certified or registered mail postage prepaid, to Landlord’s agent at the address set forth in Section 1 or to such other address and parties as notified by Landlord.


S.         This Lease does not grant any rights to light or air over or about the real property of Landlord. Landlord specifically excepts and reserves to itself the use of any roofs, the exterior portions of the Project, all rights to and the land and improvements below the improved floor level of the Project, to the improvements and air rights above the Project and to the improvements and air rights located outside the demising walls of the Project and to such areas within the Project required for installation of utility lines and other



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