Common use of Additional Expansion Space Clause in Contracts

Additional Expansion Space. Whenever, after January 1, 1999, an office area (the "New Space") next to and adjoining the Premises is or becomes vacant then, as long as Tenant is not in material default hereunder beyond any applicable cure period, and subject to any other tenant's right of first refusal under the other tenant's lease with Landlord, Tenant, at its option, shall have a right to expand into the New Space after entering into a lease for the New Space, upon the terms and conditions as set forth herein. Landlord shall notify Tenant: a) that the New Space is or is becoming vacant and b) the market rent and term for the New Space. Tenant, at its option, may within ten (10) business days after Landlord's notice, notify Landlord that Tenant desires to rent the New Space from Landlord at the market rent for the term indicated. If Tenant does not timely and properly notify Landlord that Tenant desires to rent the New Space at the market rent and term, then Tenant shall be deemed to have waived its right to expand and rent the New Space. If Tenant property notifies Landlord that Tenant desires to rent the New Space at the market rent and term, then Landlord shall promptly prepare and send to Tenant a lease for the Tenant to execute, said lease to be for the Tenant to rent the New Space at the market rent and term and in a form similar to the main body of this Lease. Tenant - at its option - may within ten (10) business days thereafter, execute and return to Landlord the lease for the New Space. If Tenant properly and timely executes and returns to Landlord said lease for the New Space, then Landlord shall execute the lease and said lease for the New Space shall be binding upon the parties. If Tenant does not properly and timely execute said Lease, then the Tenant shall have waived its option to expand into the New Space, and Landlord shall have the right to lease the New Space to any third party of Landlord's choosing. Exhibit "D" RULES AND REGULATIONS ATTACHED TO AND MADE PART OF THIS LEASE 34.16.1 The sidewalks, passages, exits and entrances shall not be obstructed by Tenant or used by Tenant for any purpose other than for ingress to and egress from the Premises. 34.16.2 The toilet rooms, urinals, wash bowls and other apparatus shall not be used for any purpose other than for which they were constructed and no foreign substance of any kind whatsoever shall be thrown therein and to the extent caused by Tenant or its employees or invitees, the expenses of any breakage, stoppage or damage resulting from the violation of This rule shall be borne by Tenant. 34.16.3 Upon the termination of the tenancy, Tenant shall deliver to the Landlord all keys or electronic key cards and passes for the Premises. In the event of loss of any keys or electronic key cards furnished by Landlord, Tenant shall pay the Landlord therefore. Tenant shall not make or cause to be made any such keys or electronic key cards and shall order all such keys or electronic key cards solely from Landlord for any additional such keys or electronic key cards over and above the keys or electronic key cards furnished by Landlord at occupancy. 34.16.4 Without the prior written consent of Landlord, no assignee, subtenant or successor in interest of Tenant shall use the name of the Project or any picture of the Project or Building in connection with or in promoting or advertising the business of Tenant except Tenant may use the address of the Building as the address of its business. 34.16.5 Tenant shall allow no animals or pets to be brought to or remain in the Premises or any part thereof, without the prior written consent of Landlord. 34.16.6 Tenant agrees that it and its employees will cooperate fully with Project employees in the implementation of any security procedures for the Project. 34.16.7 Landlord reserves the right to exclude or expel from the Project any person who, in the judgement of Landlord is intoxicated or under the influence of liquor or drugs or who shall in any manner do any act in violation of any of the rules and regulations of the Project. 34.16.8 No vending machines of any description shall be installed, maintained or operated in a place on the Premises visible from outside the Premises, without the written consent of Landlord. 34.16.9 Tenant shall not: 34.16.9.0.0.0.1 place any radio or television antennae on the roof or on any part or the outside of the Premises or elsewhere on the Project without Landlord's prior written consent, except pursuant to Exhibit C 34.16.9.0.0.0.2 operate or permit to operate any musical or sound producing instrument or device inside or outside the Premises which may be heard from outside the Premises, except pursuant to Exhibit "C" of the Lease;

Additional Expansion Space. WheneverLandlord and Tenant hereby agree that the space shown on Exhibit B, after January 1consisting of approximately 6,411 square feet of space located on the third (3rd) floor of the Building (“Space B”), 1999and the space shown on Exhibit C, an office area consisting of approximately 4,633 square feet of space located in the basement of the Building (the "New Space") next “Space C”), shall be added to and adjoining become a part of the Demised Premises immediately upon Landlord’s written notice to Tenant that the tenant occupying such space as of the date hereof has vacated and surrendered the same to Landlord. Space B and Space C (hereinafter collectively referred to as the “Additional Expansion Space”) may be added to the Demised Premises at separate times or the same time, depending upon the date or dates on which the former tenant vacates and surrenders such space to Landlord; provided, however, that in no event shall Tenant be required to add Space C to the Demised Premises until such time as Space B is or becomes vacant thenbeing added to the Demised Premises. The annual rent for Space B shall be an amount equal to the product of $13.71 (subject to adjustment pursuant to Section 4 of the Addendum, as long as Tenant is not to the Lease) multiplied by the number of square feet in material default hereunder beyond any applicable cure periodSpace B. The annual rent for Space C shall be an amount equal to the product of $7.43 (subject to adjustment pursuant to Section 4 of the Addendum to the Lease) multiplied by the number of square feet in Space C. Tenant’s obligation to begin paying its monthly installment of annual rent for the Additional Expansion Space, and subject additional rent for Real Estate Taxes and Operating Expenses related to any other tenant's right the Additional Expansion Space, shall begin thirty (30) days after the date on which the Additional Expansion Space is added to the Demised Premises. Upon the addition of first refusal under the other tenant's lease with LandlordAdditional Expansion Space to the Demised Premises, Tenant, at its option, ’s Pro Rata Share (per Section 3(a)(1) of the Addendum to the Lease) shall have a right to expand into the New Space after entering into a lease for the New Spacebe commensurately adjusted. Tenant acknowledges that, upon the terms and conditions as set forth herein. Landlord shall notify addition of the Additional Expansion Space, Tenant: a) that the New Space is or is becoming vacant and b) the market rent and term for the New Space. Tenant, at its option, may within ten (10) business days after Landlord's notice, notify Landlord that Tenant desires to rent the New Space from Landlord at the market rent for the term indicated. If Tenant does not timely and properly notify Landlord that Tenant desires to rent the New Space at the market rent and term, then Tenant ’s Pro Rata Share shall be deemed one hundred percent (100%). Tenant agrees to have waived its right to expand and rent accept the New SpaceAdditional Expansion Space in “as-is” condition. If Tenant property notifies Landlord that Tenant desires to rent the New Space at the market rent and term, then Landlord shall promptly prepare and send to Tenant a lease for the Tenant to execute, said lease to be for the Tenant to rent the New Space at the market rent and term and in a form similar Any renovations to the main body of this Lease. Tenant - at its option - may within ten (10) business days thereafter, execute and return to Landlord the lease for the New Space. If Tenant properly and timely executes and returns to Landlord said lease for the New Space, then Landlord shall execute the lease and said lease for the New Additional Expansion Space shall be binding upon the parties. If Tenant does not properly made at Tenant’s sole cost and timely execute said Lease, then the Tenant shall have waived its option to expand into the New Space, and Landlord shall have the right to lease the New Space to any third party of Landlord's choosing. Exhibit "D" RULES AND REGULATIONS ATTACHED TO AND MADE PART OF THIS LEASE 34.16.1 The sidewalks, passages, exits and entrances shall not be obstructed by Tenant or used by Tenant for any purpose other than for ingress to and egress from the Premisesexpense. 34.16.2 The toilet rooms, urinals, wash bowls and other apparatus shall not be used for any purpose other than for which they were constructed and no foreign substance of any kind whatsoever shall be thrown therein and to the extent caused by Tenant or its employees or invitees, the expenses of any breakage, stoppage or damage resulting from the violation of This rule shall be borne by Tenant. 34.16.3 Upon the termination of the tenancy, Tenant shall deliver to the Landlord all keys or electronic key cards and passes for the Premises. In the event of loss of any keys or electronic key cards furnished by Landlord, Tenant shall pay the Landlord therefore. Tenant shall not make or cause to be made any such keys or electronic key cards and shall order all such keys or electronic key cards solely from Landlord for any additional such keys or electronic key cards over and above the keys or electronic key cards furnished by Landlord at occupancy. 34.16.4 Without the prior written consent of Landlord, no assignee, subtenant or successor in interest of Tenant shall use the name of the Project or any picture of the Project or Building in connection with or in promoting or advertising the business of Tenant except Tenant may use the address of the Building as the address of its business. 34.16.5 Tenant shall allow no animals or pets to be brought to or remain in the Premises or any part thereof, without the prior written consent of Landlord. 34.16.6 Tenant agrees that it and its employees will cooperate fully with Project employees in the implementation of any security procedures for the Project. 34.16.7 Landlord reserves the right to exclude or expel from the Project any person who, in the judgement of Landlord is intoxicated or under the influence of liquor or drugs or who shall in any manner do any act in violation of any of the rules and regulations of the Project. 34.16.8 No vending machines of any description shall be installed, maintained or operated in a place on the Premises visible from outside the Premises, without the written consent of Landlord. 34.16.9 Tenant shall not: 34.16.9.0.0.0.1 place any radio or television antennae on the roof or on any part or the outside of the Premises or elsewhere on the Project without Landlord's prior written consent, except pursuant to Exhibit C 34.16.9.0.0.0.2 operate or permit to operate any musical or sound producing instrument or device inside or outside the Premises which may be heard from outside the Premises, except pursuant to Exhibit "C" of the Lease;

Additional Expansion Space. WheneverSubject to the terms of this Section 14.d, after January 1Landlord hereby grants to Tenant the option to expand (“Expansion Option”) into that certain space within the 870 Building consisting of 1,574 rentable square feet and which currently used as the management office for the Project and which is depicted on Exhibit A-1 attached hereto (“Additional Expansion Space”). Tenant must exercise the Expansion Option, 1999if at all, an office area by delivering written notice (“Additional Expansion Notice”) of its election to exercise the "New Space") next Expansion Option to and adjoining the Premises is Landlord on or becomes vacant thenbefore December 31, as long as 2026. Tenant is not in material default hereunder beyond any applicable cure period, and subject to any other tenant's right of first refusal under the other tenant's lease with will reimburse Landlord, Tenantwithin thirty (30) days following Xxxxxxxx’s delivery of a statement therefor, at its option, shall have for all costs incurred by Xxxxxxxx to construct a right to expand into the New Space after entering into new management office in a lease for the New Space, upon the terms and conditions as set forth herein. Landlord shall notify Tenant: a) that the New Space is or is becoming vacant and b) the market rent and term for the New Space. Tenant, at its option, may within ten (10) business days after Landlord's notice, notify Landlord that Tenant desires to rent the New Space from location selected by Landlord at the market rent Project (but not within the Premises) and to relocate personal property and equipment in connection therewith. The new management office will be approximately the same size as the existing management office and will be improved with improvements of comparable quality to those within the existing management office, with comparable quality finishes, and will contain approximately the same number of work stations, offices, conference rooms, breakrooms and other areas. The Base Rent for the term indicated. If Tenant does not timely and properly notify Landlord Additional Expansion Space will be at the same rate per rentable square foot, including subsequent adjustments, that Tenant desires is then paying from time to rent the New Space at the market rent and term, then Tenant shall be deemed to have waived its right to expand and rent the New Space. If Tenant property notifies Landlord that Tenant desires to rent the New Space at the market rent and term, then Landlord shall promptly prepare and send to Tenant a lease time for the Tenant to execute, said lease to be for the Tenant to rent the New Space at the market rent and term and in a form similar to the main body remainder of this Lease. Tenant - at its option - may within ten (10) business days thereafter, execute and return to Landlord the lease for the New Space. If Tenant properly and timely executes and returns to Landlord said lease for the New Space, then Landlord shall execute the lease and said lease for the New Space shall be binding upon the parties. If Tenant does not properly and timely execute said Lease, then the Tenant shall have waived its option to expand into the New Space, and Landlord shall have the right to lease the New Space to any third party of Landlord's choosing. Exhibit "D" RULES AND REGULATIONS ATTACHED TO AND MADE PART OF THIS LEASE 34.16.1 The sidewalks, passages, exits and entrances shall not be obstructed by Tenant or used by Tenant for any purpose other than for ingress to and egress from the Premises. 34.16.2 The toilet rooms, urinals, wash bowls and other apparatus shall not be used for any purpose other than for which they were constructed and no foreign substance of any kind whatsoever shall be thrown therein and to the extent caused by Tenant or its employees or invitees, the expenses of any breakage, stoppage or damage resulting from the violation of This rule shall be borne by Tenant. 34.16.3 Upon the termination of the tenancy, Tenant shall deliver to the Landlord all keys or electronic key cards and passes for the Premises. In the event of loss of any keys or electronic key cards furnished by Landlord, Tenant shall pay the Landlord therefore. Tenant shall not make or cause to be made any such keys or electronic key cards and shall order all such keys or electronic key cards solely from Landlord for any additional such keys or electronic key cards over and above the keys or electronic key cards furnished by Landlord at occupancy. 34.16.4 Without the prior written consent of Landlord, no assignee, subtenant or successor in interest of Tenant shall use the name of the Project or any picture of the Project or Building in connection with or in promoting or advertising the business of Tenant except Tenant may use the address of the Building as the address of its business. 34.16.5 Tenant shall allow no animals or pets to be brought to or remain in the Premises or any part thereof, without the prior written consent of Landlord. 34.16.6 Tenant agrees that it and its employees will cooperate fully with Project employees in the implementation of any security procedures for the Project. 34.16.7 Landlord reserves the right to exclude or expel from the Project any person who, in the judgement of Landlord is intoxicated or under the influence of liquor or drugs or who shall in any manner do any act in violation of any of the rules and regulations of the Project. 34.16.8 No vending machines of any description shall be installed, maintained or operated in a place on the Premises visible from outside the Premises, without Xxxxxx’s Percentage Share will be increased to 68.6%, and the written consent Allowance will be increased by the amount of One Hundred Ninety-Two Thousand Eight Hundred Fifteen Dollars ($192,815.00), and the Space Planning Allowance will be increased by the amount of Two Hundred Thirty-Six and 10/100 Dollars ($236.10). Tenant’s leasing of the Additional Expansion Space will otherwise be on all of the terms of the Lease applicable to the Premises except that the term of the term of the Lease with respect to the Additional Expansion Space will commence on the date Landlord has completed the relocation of the management office and tendered possession of the Additional Expansion Space to Tenant. Xxxxxx agrees to accept possession of the Additional Expansion Space in its then as-is state and condition (but broom clean and free of Landlord. 34.16.9 Tenant shall not: 34.16.9.0.0.0.1 place ’s or any radio or television antennae on prior occupant’s property). Landlord will use commercially reasonable efforts to complete the roof or on any part or the outside relocation of the Premises or elsewhere on the Project without Landlord's prior written consent, except pursuant to Exhibit C 34.16.9.0.0.0.2 operate or permit to operate any musical or sound producing instrument or device inside or outside the Premises which may be heard from outside the Premises, except pursuant to Exhibit "C" management office within twelve (12) months after Xxxxxx’s delivery of the Lease;Additional Expansion Notice. Upon Landlord’s request, Landlord and Xxxxxx will execute an amendment to the Lease setting forth the commencement date and Base Rent schedule for the Additional Expansion Space.