Common use of Acceleration Fee Clause in Contracts

Acceleration Fee. In the event Tenant exercises its Second Expansion Premises Acceleration Option, Tenant shall pay Landlord a fee (the “Second Expansion Premises Acceleration Fee”), which shall not be construed as a penalty, in an amount equal to Landlord’s transaction costs related to the terminated portion of the Second Expansion Premises (consisting exclusively of that portion of Landlord’s Second Expansion Premises Contribution and broker commissions attributable to the terminated space), as such transaction costs are remaining unamortized as of the Second Expansion Premises Accelerated Termination Date. Landlord’s transaction costs related to the Second Expansion Premises shall be amortized over the period (a) commencing on September 1, 2007 with respect to the Second Floor Expansion Premises, on October 1, 2007 with respect to the Third Floor Expansion Premises, and on December 1, 2007 with respect to the Fourth Floor Expansion Premises, and (b) ending on June 30, 2015, including interest thereon at an interest rate of eight percent (8%) per annum. If Tenant fails to pay either installment of the Second Expansion Premises Acceleration Fee in accordance with the foregoing, time being of the essence, Landlord may elect, upon notice to Tenant to declare the Second Expansion Premises Acceleration Notice null and void, in which event the Lease shall continue in full force and effect with respect to the entire Second Expansion Premises.

Acceleration Fee. In the event Tenant exercises its Second Expansion Premises Acceleration Option, Tenant shall pay Landlord a fee (the “Second Expansion Premises Acceleration Fee”)fee, which shall not be construed as a penalty, in an amount equal to Landlord’s transaction costs related to the terminated portion of the Second Expansion Premises (consisting exclusively of that portion of Landlord’s Second Expansion Contribution, broker commissions, the Rent Credit, the Premises Contribution A Abatement, the Premises B Abatement, and broker commissions attributable to the terminated space), as such transaction costs are Premises C Abatement) remaining unamortized as of the Second Expansion Premises Accelerated Termination Date. Landlord’s transaction costs related to the Second Expansion Premises shall be , as reasonably calculated by Landlord amortized over the period (a) commencing on September 1, 2007 with respect to the Second Floor Expansion Premises, on October 1, 2007 with respect to Premises A Commencement Date (for Premises A) and the Third Floor Expansion Premises, Premises B/C Commencement Date (for Premises B and on December 1, 2007 with respect to the Fourth Floor Expansion Premises, Premises C) and (b) ending on June 30, 2015, the Accelerated Termination Date including interest thereon at an interest rate of eight percent (8%) per annumannum (the “Acceleration Fee”). For example, if Tenant utilizes the entire Landlord’s Contribution for the initial Premises of 17,590 rentable square feet, the Acceleration Fee shall equal $287,781.75. The Acceleration fee shall be increased if and when the Premises are expanded from time to time. If Tenant fails to pay either installment of the Second Expansion Premises Acceleration Fee in accordance with the foregoing, time being of the essence, Landlord may elect, upon notice to Tenant to declare the Second Expansion Premises Acceleration Notice null and void, in which event the and this Lease shall continue in full force and effect with respect to the entire Second Expansion Premisesas if Tenant had not exercised such Acceleration Option.