Common use of Addition of Expansion Premises Clause in Contracts

Addition of Expansion Premises. A. Provided that no default has occurred under the Lease, Tenant shall have the right to request from time to time by written notice to Landlord that all or portions of the Expansion Premises be added to the Existing Premises. Landlord shall have no obligation to add the requested portion of the Expansion Premises (“Requested Expansion Space”) to the Existing Premises, and Landlord may establish such requirements with respect thereto as Landlord deems necessary or appropriate (including, without limitation, the installation or removal of any demising walls, or modification of any entryways or building systems to properly serve the newly configured Premises, at Tenant’s expense). If Landlord agrees to add the Requested Expansion Space to the Existing Premises, Landlord shall so notify Tenant in writing and, provided Xxxxxx agrees to any requirements of Landlord with respect thereto, then effective as of the date Landlord delivers possession of the Requested Expansion Space to Tenant (the “Expansion Date”), Tenant shall accept possession of the Requested Expansion Space, and from and after the Expansion Date the Requested Expansion Space shall become a part of the Premises, and all references in the Lease to the “Premises” shall be deemed to mean and refer to the Existing Premises and the Requested Expansion Space, together. B. The Requested Expansion Space shall be subject to all the terms and conditions of the Lease, except as expressly modified herein. C. The Requested Expansion Space shall be accepted by Tenant in “as is” condition and configuration without any representations or warranties by Landlord as to the Requested Expansion Space, and without any agreement or obligation on the part of Landlord to perform any alterations, repairs or improvements thereto, nor shall Tenant be entitled to any rent abatement or improvement allowance with respect to the Requested Expansion Space, or any similar economic incentives that may have been provided Tenant in connection with entering into the Lease; and in connection therewith, the provisions in the Lease regarding “Landlord’s Work” and Exhibit B to the Lease shall not apply to the Requested Expansion Space. By taking possession of the Requested Expansion Space, Xxxxxx agrees that the Expansion Premises are in good order and satisfactory condition.

Addition of Expansion Premises. A. Provided that no default has occurred under The increment of space located in the LeaseBuilding, Tenant labeled “Expansion Premises” on the attached Exhibit A-1 and consisting of approximately 39,142 rentable square feet shall have the right to request from time to time by written notice to Landlord that all or portions of the Expansion Premises be added to the Existing PremisesSubleased Premises covered by the Sublease on the terms and conditions set forth herein. Landlord Sublandlord and Subtenant agree that for the purpose of the Sublease, as amended by this Amendment, the Expansion Premises shall have no obligation be conclusively deemed to add contain 39,142 rentable square feet. The Term of the requested portion Sublease with respect to the Expansion Premises shall commence on January 15, 2013 (the “Expansion Commencement Date”) and shall be coterminous with Term of the Existing Subleased Premises thereafter (the “Expansion Term”). Sublandlord estimates that possession of the Expansion Premises will be tendered to Subtenant on January 15, 2013 (the “Requested Expansion SpaceEstimated Delivery Date”) ); provided, however, that if Sublandlord is unable to the Existing Premises, and Landlord may establish such requirements with respect thereto as Landlord deems necessary or appropriate (including, without limitation, the installation or removal of any demising walls, or modification of any entryways or building systems to properly serve the newly configured Premises, at Tenant’s expense). If Landlord agrees to add the Requested Expansion Space to the Existing Premises, Landlord shall so notify Tenant in writing and, provided Xxxxxx agrees to any requirements of Landlord with respect thereto, then effective as of the date Landlord delivers tender possession of the Requested Expansion Space Premises to Tenant Subtenant by the Estimated Delivery Date, then: (a) the “Expansion Date”), Tenant validity of this Amendment shall not be affected or impaired thereby; (b) Sublandlord shall not be in default hereunder or be liable for damages therefor; (c) Subtenant shall accept possession of the Requested Expansion Space, and from and after Premises on the date when Sublandlord tenders possession thereof to Subtenant; (d) the actual Expansion Commencement Date shall be the date on which Sublandlord actually tenders possession of the Expansion Premises to Subtenant; and (e) Rent shall not accrue until the Expansion Commencement Date the Requested Expansion Space shall become a part actually occurs hereunder. As of the PremisesExpansion Commencement Date, and all references in the Lease to the definition of “Subleased Premises” shall be deemed modified to mean and refer to provide that the “Subleased Premises” consists of 59,265 rentable square feet (the combined Existing Subleased Premises and the Requested Expansion Space, together. B. Premises shall hereafter be referred to as the “Subleased Premises”). The Requested Expansion Space Premises shall be subject to all the terms and conditions remain a portion of the Lease, except as expressly modified herein. C. The Requested Expansion Space shall be accepted by Tenant in “as isSubleased Premises” condition and configuration without any representations or warranties by Landlord as to throughout the Requested Expansion Space, and without any agreement or obligation on the part of Landlord to perform any alterations, repairs or improvements thereto, nor shall Tenant be entitled to any rent abatement or improvement allowance with respect to the Requested Expansion Space, or any similar economic incentives that may have been provided Tenant in connection with entering into the Lease; and in connection therewith, the provisions in the Lease regarding “Landlord’s Work” and Exhibit B to the Lease shall not apply to the Requested Expansion Space. By taking possession Term of the Requested Expansion Space, Xxxxxx agrees that the Expansion Premises are in good order and satisfactory conditionSublease.

Addition of Expansion Premises. A. Provided that no default has occurred under (a) Effective as of the North Wing Commencement Date and continuing to and including the day immediately precedent the Expansion Premises Commencement Date, the Premises shall be as provided in the Lease, Tenant shall have the right to request from time to time by written notice to Landlord that all or portions . (b) Effective as of the Expansion Premises Commencement Date, the Premises shall be added revised to the Existing Premises. Landlord shall have no obligation to add the requested portion of include the Expansion Premises (“Requested Expansion Space”) to the Existing Premises, and Landlord may establish such requirements with respect thereto as Landlord deems necessary or appropriate (including, without limitation, the installation or removal of any demising walls, or modification of any entryways or building systems to properly serve the newly configured Premises, at Tenant’s expense). If Landlord agrees to add the Requested Expansion Space to the Existing Premises, Landlord shall so notify Tenant in writing and, provided Xxxxxx agrees to any requirements of Landlord with respect thereto, then effective as of the date Landlord delivers possession of the Requested Expansion Space to Tenant (the “Expansion Date”), Tenant shall accept possession of the Requested Expansion Space, and from and after the Expansion Date the Requested Expansion Space shall become a part of the Premises, and all references in the Lease to the “Premises” in the Lease shall be deemed to mean and refer to mean, collectively, the Existing Premises and Expansion Premises. Tenant’s obligations with respect to the Requested Expansion Space, together. B. The Requested Premises shall commence upon the Expansion Space shall be subject to all the terms and conditions of Premises Commencement Date (except as otherwise provided in the Lease, except as expressly modified hereinamended, with respect to obligations arising earlier or later) and shall continue in full force for the Expansion Premises Term. Either Landlord or Tenant, at the request of the other, shall execute a declaration specifying the Expansion Premises Commencement Date within a reasonable period of time following the Expansion Premises Commencement Date. C. The Requested (c) Tenant has inspected the Expansion Space shall be accepted by Tenant in Premises and agrees to accept the same “as isAS IS” condition and configuration without any representations agreements, representations, understandings or warranties by Landlord as to the Requested Expansion Space, and without any agreement or obligation obligations on the part of Landlord to perform any alterations, repairs or improvements theretoto the Expansion Premises, nor subject to Landlord’s obligation to construct the Expansion Premises Tenant Improvements in accordance with the provisions of this First Amendment. Landlord shall Tenant be entitled to have no other obligation of any rent abatement kind or improvement allowance character, express or implied, with respect to the Requested design or condition of the Expansion SpacePremises as of the Expansion Premises Commencement Date or the suitability thereof for Tenant’s purposes, and Tenant acknowledges that it has neither received nor relied upon any representation or any similar economic incentives that may have been provided warranty made by or on behalf of Landlord with respect to such matters. (d) Landlord shall provide Tenant and its representatives access to the Expansion Premises reasonably following the date upon which Landlord executes and delivers a countersigned original of this First Amendment. Such access shall be utilized by Tenant for the sole purpose of installing its telecommunications installations, data cabling, furniture and special fixtures in the Expansion Premises in connection with entering into the Lease; and in connection therewithcommencement of its business operations therein. Upon such entry, Tenant shall, with respect to the provisions in Expansion Premises, perform all of the obligations of Tenant applicable under the Lease regarding “Landlord’s Work” and Exhibit B to the Lease shall not apply to the Requested Expansion Space. By taking possession of the Requested Expansion Space, Xxxxxx agrees that during the Expansion Premises are Term (except the obligation with respect to the Expansion Premises to pay Basic Rent, Tenant’s Proportionate Share of Operating Expenses, the costs of parking at the Project, the cost of using the Building freight elevator and loading docks, or the cost of utilities or temporary heating, ventilating and air conditioning provided by Landlord to the Expansion Premises during such early access or entry period), including, without limitation, obligations pertaining to insurance, indemnity, compliance with laws and Hazardous Materials. Subject to the provisions of Sections 23 and 24 of the Lease, Tenant acknowledges and agrees that Landlord shall not be liable to Tenant or any Tenant Party for any injury, loss or damage to person or property which may occur in good order connection with such entry, the same being at Tenant’s or any such Tenant Party’s sole risk and satisfactory conditionliability.

Addition of Expansion Premises. A. Provided that no default has occurred Effective as of January 1, 2018, the Expansion Premises is hereby added to and included in the definition of “Leased Premises” for all purposes under the Lease, Tenant shall have Lease and all provisions of the right Lease applicable to request from time the Existing Leased Premises will apply to time by written notice to Landlord that all or portions the Expansion Premises except as follows: (a) The rentable square feet of the Expansion Premises be added to the Existing Premises. is 27,918 rentable square feet and 24,613 usable square feet; (b) Landlord shall have no obligation provide Tenant with a tenant improvement allowance for the Expansion Premises in an amount equal to add the requested portion Twenty and No/100 Dollars ($20.00) per useable square foot of the Expansion Premises (“Requested Expansion Space”) to the Existing Premises, which shall be made available to Tenant beginning September 1, 2017, and Landlord may establish such requirements distributed to Tenant to reimburse Tenant for tenant improvements constructed by Tenant in the Expansion Premises in accordance with respect thereto as Landlord deems necessary or appropriate (the procedure set forth in the Lease, including, without limitation, the installation or removal of any demising walls, or modification of any entryways or building systems to properly serve the newly configured Premises, at Tenant’s expense). If Landlord agrees to add the Requested Expansion Space requirements set forth in Exhibit “C” to the Existing PremisesLease; (c) Tenant may enter upon the Expansion Premises on September 1, Landlord shall so notify Tenant in writing and2017, provided Xxxxxx agrees to any requirements for the purposes of Landlord with respect theretoconstructing its tenant improvements, then effective as of the date Landlord delivers possession of the Requested Expansion Space to Tenant (the “Expansion Date”), Tenant shall accept possession of the Requested Expansion Spaceinstalling its FF&E, and from and after conducting its business operations, provided, however, if Tenant enters upon the Expansion Date the Requested Expansion Space shall become a part of the PremisesPremises for such purposes, and all references in the Lease to the “Premises” shall be deemed to mean and refer to the Existing Premises and the Requested Expansion Space, together. B. The Requested Expansion Space shall be subject to all the terms and conditions of the Lease, except the obligation to pay Basic Annual Rent, shall apply as expressly modified herein. C. The Requested if the Expansion Space shall be accepted by Premises were a part of the Existing Leased Premises. Tenant in “as is” condition and configuration without any representations or warranties by Landlord as shall, subject to the Requested Expansion Spaceprovisions of subsection 2(e) of this Amendment, and without any agreement or obligation on the part of Landlord to perform any alterations, repairs or improvements thereto, nor shall Tenant be entitled to any rent abatement or improvement allowance commence paying Basic Annual Rent with respect to the Requested Expansion SpacePremises on January 1, or any similar economic incentives that may have been provided Tenant 2018 (the “Expansion Premises Rent Commencement Date”) at the rate specified in connection subsection 2(d) of this Amendment; (d) Basic Annual Rent with entering into the Lease; and in connection therewith, the provisions in the Lease regarding “Landlord’s Work” and Exhibit B respect to the Lease shall not apply to the Requested Expansion Space. By taking possession of the Requested Expansion Space, Xxxxxx agrees that the Expansion Premises are shall be payable as follows: January 1, 2018 – December 31, 2018 $18.36 per rentable square foot January 1, 2019 – December 31, 2019 $18.93 per rentable square foot January 1, 2020 – April 30, 2020 $19.49 per rentable square foot May 1, 2020 – April 30, 2021 $20.00 per rentable square foot May 1, 2021 – April 30, 2022 $20.50 per rentable square foot May 1, 2022 – April 30, 2023 $21.01 per rentable square foot May 1, 2023 – April 30, 2024 $21.54 per rentable square foot May 1, 2024 – April 30, 2025 $22.07 per rentable square foot May 1, 2025 – April 30, 2026 $22.63 per rentable square foot May 1, 2026 – March 31, 2027 $23.19 per rentable square foot (e) Tenant shall be entitled to an abatement of Basic Annual Rent with respect to the Expansion Premises in good order an amount equal to one (1) full month of Basic Annual Rent payable with respect to the Expansion Premises, which abatement shall be applied to the period commencing on the Expansion Premises Rent Commencement Date and satisfactory conditionuntil such abatement has been entirely applied; and (f) Landlord shall provide to Tenant an allocation of five (5) unreserved, nonexclusive parking spaces for each 1,000 rentable square feet of the Expansion Premises leased by Tenant.