Common use of Additional Modifications Clause in Contracts

Additional Modifications. Notwithstanding the terms of Section 8.2 above, the following provisions of the Master Lease are modified as described below for the purpose of their incorporation into this Sublease: (a) With respect to Section 4.C of the Original Master Lease, references to "Landlord" in the eighth (8th) sentence of said section shall be deemed to be references to Landlord and not Sublandlord. Similarly, references in the final two (2) sentences of Section 4.C of the Original Master Lease to "Landlord" shall be deemed to be references to Landlord and not Sublandlord; (b) With respect to the first (1st) full paragraph of the Original Master Lease following Section 7(A)(4) of the Original Master Lease, references to "Building and/or Project" or "Building or Project" shall be deemed to be references to the Master Lease Premises; (c) The fifth (5th) sentence of Section 12.A of the Original Master Lease shall be revised to provide that Subtenant shall have the right, without the consent of Sublandlord, to make Alterations that comply with the provisions of this sentence and which cost, in the aggregate. less than Subtenant's Proportionate Share of Fifty Thousand Dollars ($50,000.00); (d) With respect to Section 15.B of the Original Master Lease. Tenant shall be entitled to an abatement of rent in the event of an Essential Services Interruption Event (as said term is defined in said Section 15.B) only to the extent that Sublandlord is entitled to a similar abatement of rent or in the event such Essential Services Interruption Event is caused by Sublandlord or by Sublandlord's breach of this Sublease or the Master Lease: (e) All references in Section 21.A(1) of the Original Master Lease to the "Recapture Amount" shall be deemed deleted, and no compensation shall be necessary for recapture by Sublandlord of any space which Subtenant proposes to sublease or assign; (f) The definition of Bonus Rent in Section 21.B of the Original Master Lease is revised to delete clause (ii) from the first (1st) sentence of Section 21.B of the Original Master Lease; additionally, Bonus Rent will be calculated based upon the Rent payable by Subtenant as adjusted pursuant to Sections 4.1(c)(i) and 4.1(c)(ii); and (g) With respect to Article 37 of the Original Master Lease, the reference in the first (1st) sentence to the "Basic Lease Information" shall be deemed a reference to Section 18 below. (h) With respect to Exhibit C to the Original Master Lease, the parties acknowledge that Section 16 below generally governs Sublandlord's approval of Subtenant's initial improvement of the Subleased Premises and the disbursement of the Allowance (as defined in Section 16 below) therefor. However, as this Sublease is subject and subordinate to the Master Lease, Subtenant will nonetheless be additionally required to (i) construct its improvements in the Subleased Premises in accordance with the specifications included in Schedule 2 and Schedule 3 attached as Exhibit C to the Original Master Lease, to the extent applicable to the Subleased Premises, (ii) if requested by Landlord, comply with the provisions of Sections 5.2 and 5.3 of Exhibit C to the Original Master Lease, (iii) procure Landlord's approval of plans and specifications, contractors and subcontractors in accordance with the provisions of Exhibit C to the Original Master Lease and (iv) comply with the provisions of Sections 6.4 and 8.2 of Exhibit C to the Original Master Lease.

Additional Modifications. Notwithstanding the terms of Section 8.2 6.2 above, the following provisions of the Master Lease Sublease are modified as described below for the purpose of their incorporation into this Sublease: (a) With respect to Section 4.C of the Original Master Lease, references to "Landlord" in the eighth (8th) sentence of said section shall be deemed to be references to Landlord and not Sublandlord. Similarly, references in the final two (2) sentences of Section 4.C of the Original Master Lease to "Landlord" shall be deemed to be references to Landlord and not Sublandlord; (b) With respect to the first (1st) full paragraph of the Original Master Lease following Section 7(A)(47(b) of the Original Master LeaseSublease to certain parties (i.e., "Sublessor", "Sublessee" and "Landlord"), the provisions of Section 7.2 above shall not apply. However, Subtenant expressly acknowledges that if, pursuant to the provisions of Landlord's Consent to the Original Master Sublease (as such Consent has been modified and supplemented by subsequent consents to the First Amendment and Second Amendment) and pursuant to the provisions of the Subordination, Non-Disturbance Agreement and Attornment Agreement dated as of June 28, 2002 and executed by and among Landlord, Master Sublandlord and Sublandlord (as the same has been subsequently amended, the "Non-Disturbance Agreement"), if the Master Lease is terminated and Landlord recognizes Sublandlord as a "direct" tenant pursuant to the provisions of the Master Sublease, the Base Rent payable pursuant to the provisions of Section 3.1 above shall be automatically adjusted to equal the Base Rent payable by Sublandlord under the Master Sublease to Landlord (i.e., as said Base Rent is modified pursuant to the provisions of the Non-Disturbance Agreement). (b) For the purposes of the incorporation of Section 13 of the Original Master Sublease herein, references therein to the "Building and/or Project" or "Building or ProjectPrime Lease" shall be deemed to be references to the Master Lease Premises;and the Master Sublease (provided that such references to the Master Lease shall be additionally subject to the provisions of the Non-Disturbance Agreement and Section 7.5(a) above. (c) The fifth (5th) sentence For the purpose of incorporation of Section 12.A 22 of the Original Master Lease shall be revised to provide that Subtenant shall have the rightSublease, without the consent of Sublandlord, to make Alterations that comply with the provisions of this sentence and which cost, in the aggregate. less than Subtenant's Proportionate Share of Fifty Thousand Dollars ($50,000.00); (d) With respect to Section 15.B of the Original Master Lease. Tenant shall be entitled to an abatement of rent in the event of an Essential Services Interruption Event (as said term is defined in said Section 15.B) only to the extent that Sublandlord is entitled to a similar abatement of rent or in the event such Essential Services Interruption Event is caused by Sublandlord or by Sublandlord's breach of this Sublease or the Master Lease: (e) All references in Section 21.A(1) of the Original Master Lease therein to the "Recapture AmountPrime Lease" shall be deemed deleted, and no compensation shall to be necessary for recapture by Sublandlord of any space which Subtenant proposes to sublease or assign; (f) The definition of Bonus Rent in Section 21.B of the Original Master Lease is revised to delete clause (ii) from the first (1st) sentence of Section 21.B of the Original Master Lease; additionally, Bonus Rent will be calculated based upon the Rent payable by Subtenant as adjusted pursuant to Sections 4.1(c)(i) and 4.1(c)(ii); and (g) With respect to Article 37 of the Original Master Lease, the reference in the first (1st) sentence to the "Basic Lease Information" shall be deemed a reference to Section 18 below. (h) With respect to Exhibit C to the Original Master Lease, the parties acknowledge that Section 16 below generally governs Sublandlord's approval of Subtenant's initial improvement of the Subleased Premises and the disbursement of the Allowance (as defined in Section 16 below) therefor. However, as this Sublease is subject and subordinate references to the Master Lease, Subtenant will nonetheless be additionally required to (i) construct its improvements in the Subleased Premises in accordance with the specifications included in Schedule 2 and Schedule 3 attached as Exhibit C to the Original Master Lease, to the extent applicable to the Subleased Premises, (ii) if requested by Landlord, comply with the provisions of Sections 5.2 and 5.3 of Exhibit C to the Original Master Lease, (iii) procure Landlord's approval of plans and specifications, contractors and subcontractors in accordance with the provisions of Exhibit C to the Original Master Lease and (iv) comply with the provisions of Sections 6.4 and 8.2 of Exhibit C to the Original Master Lease.

Additional Modifications. Notwithstanding the terms of Section 8.2 above, the following provisions of the Master Lease are modified as described below for the purpose of their incorporation into this Sublease: (a) With respect to Section 4.C of the Original Master Lease, references to "“Landlord" ” in the eighth (8th) sentence of said section shall be deemed to be references to Landlord and not Sublandlord. Similarly, references in the final two (2) sentences of Section 4.C of the Original Master Lease to "“Landlord" ” shall be deemed to be references to Landlord and not Sublandlord; (b) With respect to the first (1st) full paragraph of the Original Master Lease following Section 7(A)(4) of the Original Master Lease, references to "“Building and/or Project" ” or "“Building or Project" ” shall be deemed to be references to the Master Lease Premises; (c) The fifth (5th) sentence of Section 12.A l2.A of the Original Master Lease shall be revised to provide that Subtenant shall have the right, without the consent of Sublandlord, to make Alterations that comply with the provisions of this sentence and which cost, in the aggregate. , less than Subtenant's ’s Proportionate Share of Fifty Thousand Dollars ($50,000.00); (d) With respect to Section 15.B of the Original Master Lease. , Tenant shall be entitled to an abatement of rent in the event of an Essential Services Interruption Event (as said term is defined in said Section 15.B) only to the extent that Sublandlord is entitled to a similar abatement of rent or in the event such Essential Services Interruption Event is caused by Sublandlord or by Sublandlord's ’s breach of this Sublease or the Master Lease:; (e) All references in Section 21.A(1) of the Original Master Lease to Landlord’s right to terminate the "Recapture Amount" Master Lease shall be deemed deleted, to not apply to Sublandlord or this Sublease and Sublandlord shall have no compensation shall be necessary for recapture by Sublandlord right to terminate this Sublease as a result of any space which Subtenant proposes to sublease Subtenant’s assignment or assignsubleasing of the Subleased Premises; (f) The definition of Bonus Rent in Section 21.B of the Original Master Lease is revised to delete clause (ii) from the first (1st) sentence of Section 21.B of the Original Master Lease; additionally, Bonus Rent will be calculated based upon the Rent payable by Subtenant as adjusted pursuant to Sections 4.1(c)(i) and 4.1(c)(ii); and (g) With respect to Article 37 of the Original Master Lease, the reference in the first (1st) sentence to the "“Basic Lease Information" ” shall be deemed a reference to Section 18 below. (h) With respect to Exhibit C to the Original Master Lease, the parties acknowledge that Section 16 below generally governs Sublandlord's approval of Subtenant's initial improvement of the Subleased Premises and the disbursement of the Allowance (as defined in Section 16 below) therefor. However, as this Sublease is subject and subordinate to the Master Lease, Subtenant will nonetheless be additionally required to (i) construct its improvements in the Subleased Premises in accordance with the specifications included in Schedule 2 and Schedule 3 attached as Exhibit C to the Original Master Lease, to the extent applicable to the Subleased Premises, (ii) if requested by Landlord, comply with the provisions of Sections 5.2 and 5.3 of Exhibit C to the Original Master Lease, (iii) procure Landlord's approval of plans and specifications, contractors and subcontractors in accordance with the provisions of Exhibit C to the Original Master Lease and (iv) comply with the provisions of Sections 6.4 and 8.2 of Exhibit C to the Original Master Lease.

Additional Modifications. Notwithstanding the terms of Section 8.2 above, Landlord and Tenant hereby agree to the following provisions of additional changes to the Master Lease are modified as described below for the purpose of their incorporation into this SubleaseLease: (a) With respect to The last sentence of Section 4.C 9.1 of the Original Master Lease shall be deleted in its entirety, and replaced with the following: “In the event Tenant desires to sublet, or permit such occupancy of, the Premises, or any portion thereof, or assign this Lease, references Tenant shall give written notice thereof to "Landlord" Landlord at least thirty (30) days but no more than one hundred twenty (120) days prior to the proposed commencement date of such subletting or assignment, which notice shall set forth the name of the proposed subtenant or assignee, the relevant terms of any sublease or assignment and copies of financial reports and other relevant financial information of the proposed subtenant or assignee, and Landlord agrees to notify Tenant of its decision to grant or deny its consent thereto within thirty (30) days after Tenant’s notice thereof, and if Landlord does not respond to Tenant within such thirty (30) day period, including by way of a notice of recapture as provided in Section 9.3 below, then Tenant shall provide Landlord with a notice which shall contain in the eighth heading, in at least 16 point font, the words “FINAL NOTICE—FAILURE TO OBJECT SHALL CONSTITUTE DEEMED APPROVAL OF THE ASSIGNMENT OR SUBLEASE” (8ththe “Response Notice”). If Landlord does not object in writing to the proposed assignment or sublease, within five (5) sentence business days following Landlord’s actual receipt of said section the Response Notice, then such assignment or sublease shall be deemed to be references to Landlord and not Sublandlord. Similarly, references in the final two (2) sentences of Section 4.C of the Original Master Lease to "approved by Landlord" shall be deemed to be references to Landlord and not Sublandlord;.” (b) With respect to the first (1st) full paragraph Article 12 of the Original Master Lease following Section 7(A)(4) of the Original Master Lease, references to "Building and/or Project" or "Building or Project" shall be deemed to be references to the Master Lease Premises; (c) The fifth (5th) sentence of Section 12.A of the Original Master Lease shall be revised to provide that Subtenant shall have the right, without the consent of Sublandlord, to make Alterations that comply deleted in its entirety and replaced with the provisions of this sentence and which cost, in the aggregate. less than Subtenant's Proportionate Share of Fifty Thousand Dollars ($50,000.00); (d) With respect to Section 15.B of the Original Master Lease. Tenant shall be entitled to an abatement of rent in the event of an Essential Services Interruption Event (as said term is defined in said Section 15.B) only to the extent that Sublandlord is entitled to a similar abatement of rent or in the event such Essential Services Interruption Event is caused by Sublandlord or by Sublandlord's breach of this Sublease or the Master Leasefollowing: (e) All references in Section 21.A(1) of the Original Master Lease to the "Recapture Amount" shall be deemed deleted, and no compensation shall be necessary for recapture by Sublandlord of any space which Subtenant proposes to sublease or assign; (f) The definition of Bonus Rent in Section 21.B of the Original Master Lease is revised to delete clause (ii) from the first (1st) sentence of Section 21.B of the Original Master Lease; additionally, Bonus Rent will be calculated based upon the Rent payable by Subtenant as adjusted pursuant to Sections 4.1(c)(i) and 4.1(c)(ii); and (g) With respect to Article 37 of the Original Master Lease, the reference in the first (1st) sentence to the "Basic Lease Information" shall be deemed a reference to Section 18 below. (h) With respect to Exhibit C to the Original Master Lease, the parties acknowledge that Section 16 below generally governs Sublandlord's approval of Subtenant's initial improvement of the Subleased Premises and the disbursement of the Allowance (as defined in Section 16 below) therefor. However, as this Sublease is subject and subordinate to the Master Lease, Subtenant will nonetheless be additionally required to (i) construct its improvements in the Subleased Premises in accordance with the specifications included in Schedule 2 and Schedule 3 attached as Exhibit C to the Original Master Lease, to the extent applicable to the Subleased Premises, (ii) if requested by Landlord, comply with the provisions of Sections 5.2 and 5.3 of Exhibit C to the Original Master Lease, (iii) procure Landlord's approval of plans and specifications, contractors and subcontractors in accordance with the provisions of Exhibit C to the Original Master Lease and (iv) comply with the provisions of Sections 6.4 and 8.2 of Exhibit C to the Original Master Lease.