Common use of Additional Premises Clause in Contracts

Additional Premises. Effective as of the Effective Date (as defined in Paragraph 2.b below), and continuing for the balance of the Term of the Lease, Suite 602 on the 6th floor of the Building, shown outlined on the attached Exhibit A (the “Additional Premises”), shall be added to the premises covered by the Lease. Commencing on the Effective Date, all references in the Lease to the “Premises” shall be deemed to refer to the Existing Premises and the Additional Premises, collectively. Landlord and Tenant hereby stipulate for all purposes of the Lease that the Additional Premises contains 10,129 rentable square feet. Tenant acknowledges that the Additional Premises contain certain furniture (the “Existing Furniture”) which is listed on Exhibit “B” attached hereto. Tenant further acknowledges and agrees that the Existing Furniture is currently Landlord’s property. On or before September 15, 2011, Tenant may request that Landlord, at Landlord’s sole cost and expense, remove or (if necessary) disassemble all or some portion of the Existing Furniture. Except for such furniture that Landlord removes at Tenant’s request as above stated, on and after September 15, 2011, in consideration of the promises contained in this First Amendment, all right, title and interest in the Existing Furniture remaining in the Premises shall be deemed transferred to Tenant by Landlord, and Landlord shall retain no further right, title or interest in same. Landlord makes no representation concerning, nor does Landlord warrant, the condition of the Existing Furniture nor shall Landlord be responsible for servicing or maintaining the Existing Furniture. Landlord shall have no liability to Tenant, nor shall Tenant be entitled to any reduction in rent or any offset whatsoever, should any of the Existing Furniture fail to operate or otherwise fail to properly function.

Additional Premises. Effective as of the Effective Date (as defined in Paragraph 2.b below)December 1, and continuing for the balance of the Term of the Lease, Suite 602 on the 6th floor of the Building, shown outlined on the attached Exhibit A 2015 (the “Additional PremisesPremises Commencement Date”), Tenant leases the Additional Premises from Landlord, as shown on Exhibit A attached hereto and made a part hereof, which Exhibit A shall be added to Exhibit B to the premises covered by the Existing Lease. Commencing Tenant’s obligation to pay Base Rent and Additional Rent with respect to the Additional Premises shall commence on the Effective Additional Premises Commencement Date. From and after the Additional Premises Commencement Date, all references the term “Premises,” as used herein and in the Lease Existing Lease, and any and all of the Landlord’s and Tenant’s obligations and rights with respect thereto, shall include and apply to the Additional Premises. In connection therewith, from and after the Additional Premises Commencement Date, the definition of the term “Premises” shall be deemed to refer to in paragraph 1 of the Existing Premises Lease is amended and restated as follows: “The portion of the Additional PremisesBuilding consisting of a portion of the seventh (7th), collectively. eighth (8th) and ninth (9th) floors the Building which is depicted on the plan attached as Exhibit B and agreed by Landlord and Tenant hereby stipulate for all purposes under this Lease to consist of the Lease that the Additional Premises contains 10,129 approximately 51,925 rentable square feet, measured in accordance with the standard BOMA Method of Measurement (ANSI-1996). Tenant acknowledges that The foregoing number of rentable square feet shall be final, conclusive and controlling and if Landlord remeasures the Additional Building or Premises contain certain furniture (regardless the “Existing Furniture”) which is listed on Exhibit “B” attached hereto. Tenant further acknowledges and agrees that reason, including whether required by a lender or due to a change in the Existing Furniture is currently Landlord’s property. On or before September 15method of measurement employed by Landlord throughout the Building), 2011then notwithstanding the outcome of such remeasurement, Tenant may request that Landlord, at Landlord’s sole cost and expense, remove or (if necessary) disassemble all or some portion neither the amount of the Existing Furniture. Except for such furniture that Landlord removes at Base Rent nor Tenant’s request as above stated, on and after September 15, 2011, in consideration of the promises contained in this First Amendment, all right, title and interest in the Existing Furniture remaining in the Premises Pro Rata Share (Operating Costs) or Tenant’s Pro Rata Share (Property Taxes) shall be deemed transferred to Tenant by Landlord, and Landlord shall retain no further right, title or interest in same. Landlord makes no representation concerning, nor does Landlord warrant, the condition changed as a result of the Existing Furniture nor shall Landlord be responsible for servicing or maintaining the Existing Furniture. Landlord shall have no liability to Tenant, nor shall Tenant be entitled to any reduction in rent or any offset whatsoever, should any of the Existing Furniture fail to operate or otherwise fail to properly functionsuch remeasurement.”

Additional Premises. Effective 2.1. Subject to Tenant’s termination option set forth in Section 3 hereof, Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the High Bay Premises as of the Effective Date date (as defined the “High Bay Premises Commencement Date”) that Landlord tenders possession of the High Bay Premises to Tenant in Paragraph 2.b below)accordance with the terms of Section 5. From and after the High Bay Premises Commencement Date, and continuing for the balance of term “Premises” shall include the High Bay Premises. The Term with respect to the High Bay Premises shall expire on the Expiration Premises Term Expiration Date, subject to (a) Tenant’s option to extend the Term of the Lease, Suite 602 on the 6th floor Lease as provided in Article 44 of the BuildingLease and (b) Tenant’s termination option set forth in Section 3 below. Tenant shall execute and deliver to Landlord written acknowledgment of the actual High Bay Premises Commencement Date within ten (10) days after Tenant takes occupancy of the High Bay Premises, shown outlined in the form attached as Exhibit C hereto. Failure to execute and deliver such acknowledgment, however, shall not affect the High Bay Premises Commencement Date or Landlord’s or Tenant’s liability hereunder. Failure by Tenant to obtain validation by any medical review board or other similar governmental licensing of the High Bay Premises required for the Permitted Use by Tenant shall not serve to extend the High Bay Premises Commencement Date. 2.2. Landlord shall use commercially reasonable efforts to tender possession of the High Bay Premises to Tenant on or before September 30, 2013. Tenant agrees that in the attached Exhibit A event Landlord does not tender possession of the High Bay Premises to Tenant on or before September 30, 2013 for any reason, then this Twelfth Amendment shall not be void or voidable and Landlord shall not be liable to Tenant for any loss or damage resulting therefrom. Notwithstanding anything in the Amended Lease to the contrary, Landlord’s obligation to timely tender possession of the High Bay Premises to Tenant shall be subject to extension on a day-for-day basis as a result of Force Majeure. In the event Landlord has not tendered possession of the High Bay Premises to Tenant by September 30, 2013 (subject to extension on a day-for-day basis as a result of Force Majeure, the “High Bay Outside Date”), Tenant may provide written notice to Landlord (no later than fifteen (15) days after the High Bay Outside Date) of its intent to terminate the Amended Lease with respect to the High Bay Premises only. Upon Landlord’s receipt of such notice, Landlord shall have fifteen (15) days (the “Additional PremisesHigh Bay Cure Period”)) to tender possession of the High Bay Premises to Tenant. If, shall be added prior to the premises covered by the Lease. Commencing on the Effective Date, all references in the Lease to the “Premises” shall be deemed to refer to the Existing Premises and the Additional Premises, collectively. Landlord and Tenant hereby stipulate for all purposes expiration of the Lease that the Additional Premises contains 10,129 rentable square feet. Tenant acknowledges that the Additional Premises contain certain furniture (the “Existing Furniture”) which is listed on Exhibit “B” attached hereto. Tenant further acknowledges and agrees that the Existing Furniture is currently Landlord’s property. On or before September 15High Bay Cure Period, 2011, Tenant may request that Landlord, at Landlord’s sole cost and expense, remove or (if necessary) disassemble all or some portion Landlord has tendered possession of the Existing Furniture. Except for such furniture that Landlord removes at Tenant’s request as above stated, on and after September 15, 2011, in consideration of the promises contained in this First Amendment, all right, title and interest in the Existing Furniture remaining in the High Bay Premises shall be deemed transferred to Tenant by Landlord, and Landlord shall retain no further right, title or interest in same. Landlord makes no representation concerning, nor does Landlord warrant, the condition of the Existing Furniture nor shall Landlord be responsible for servicing or maintaining the Existing Furniture. Landlord shall have no liability to Tenant, nor then such termination notice shall Tenant be entitled null and void and of no further force or effect and the Amended Lease with respect to any reduction the High Bay Premises shall continue in rent or any offset whatsoeverfull force and effect. If, should any prior to the expiration of the Existing Furniture fail High Bay Cure Period, Landlord has not tendered possession of the High Bay Premises to operate Tenant, then the Amended Lease with respect to the High Bay Premises only shall terminate upon the expiration of the High Bay Cure Period, except for those provisions that expressly survive the expiration or otherwise fail to properly functionearlier termination thereof.

Additional Premises. A. The Additional 4th Floor Space shall be delivered to Tenant on the Extended Term Commencement Date vacant and in broom clean condition. Effective as of the Effective Date (Extended Term Commencement Date, the Additional 4th Floor Space shall be deemed to be included in the Premises for all purposes of the Lease and all references in the Lease and this Agreement to the "Demised Premises", "Premises", "premises", or "demised premises" shall be deemed to include the Additional 4th Floor Space. Except as defined in Paragraph 2.b below)otherwise herein provided, all other terms and conditions of the Lease, including those applicable to items of Fixed Rent and Additional Rent payable pursuant to the Lease, shall be deemed to be, and continuing for shall remain, as set forth in the balance Lease throughout the remainder of the Term of the Lease, Suite 602 as amended hereby. Tenant expressly waives any right to rescind the Lease, as amended hereby, with respect to the Additional 4th Floor Space under Section 223-a of the New York Real Property Law or under any present or future statute of similar import then in force and further expressly waives the right to recover any damages, direct or indirect, which may result from Landlord's failure to deliver possession of the Additional 4th Floor Space on the 6th floor Extended Term Commencement Date, however in such event (provided Tenant is not responsible for the inability to obtain possession) the Rent Commencement Date for the Fixed Rent and any Additional Rent payable for the Additional 4th Floor Space shall be extended on a day for day basis until the date on which Landlord delivers possession of the BuildingAdditional 4th Floor Space to Tenant in the condition required hereunder. B. If Landlord does not deliver the Additional 4th Floor Space, shown outlined the 5th Floor Space or any Option Space on the attached Exhibit A (applicable date when Landlord is obligated to do so, Tenant shall have the “same termination rights with respect to those spaces as are set forth in the Original Lease in Paragraph 56G with respect to an Additional Premises”)Space. Similarly, as provided in Paragraph 56G, Landlord shall use its best efforts to cause the evicxxxx xx xxx xxxxxxxx xxnants in any such spaces, including without limitation instituting and diligently prosecuting an action for summary possession in a court of appropriate jurisdiction; it being understood that Landlord shall not be added obligated to pay or otherwise compensate any holdover tenants to relinquish possession of any such space. C. Notwithstanding anything herein to the premises covered by the Lease. Commencing on the Effective Datecontrary, all references in the Lease to the “Premises” shall be deemed to refer to the Existing Premises and the Additional Premises, collectively. Landlord and Tenant hereby stipulate for all purposes of the Lease event that the Additional Premises contains 10,129 rentable square feet. Tenant acknowledges that the Additional Premises contain certain furniture (the “Existing Furniture”) which is listed on Exhibit “B” attached hereto. Tenant further acknowledges and agrees that the Existing Furniture is currently Landlord’s property. On or before September 15, 2011, Tenant may request that Landlord, at Landlord’s sole cost and expense, remove or (if necessary) disassemble all or some portion of the Existing Furniture. Except for such furniture that Landlord removes at Tenant’s request as above stated, on and after September 15, 2011, in consideration of the promises contained in this First Amendment, all right, title and interest in the Existing Furniture remaining in the Premises shall be deemed transferred to Tenant by Landlord, and Landlord shall retain no further right, title or interest in same. Landlord makes no representation concerning, nor does Landlord warrant, the condition of the Existing Furniture nor shall Landlord be responsible for servicing or maintaining the Existing Furniture. Landlord shall have no liability to Tenant, nor shall Tenant be entitled to any reduction in rent or any offset whatsoever, should any of the Existing Furniture fail rents payable under the Lease are abated due to operate casualty or otherwise fail any other matter which results in rent being abated, the Rent Commencement Date, as defined below, with respect to properly functionany space subject to such an abatement shall be tolled on a day for day basis. D. As used herein, the term "Rent Commencement Date" shall mean:

Additional Premises. Effective as The “Additional Premises” shall mean a portion of the Effective balance of Floor 12 of the Building that is outlined as the Additional Premises on Exhibit A attached hereto. The Additional Premises, together with the Existing Subleased Premises, are currently leased by MFS under a lease currently scheduled to expire on February 28, 2013, without any right of extension. Landlord shall not extend the term of the MFS’s lease in respect of any portion of the Leased Premises beyond the scheduled expiration date set forth above. MFS has advised Landlord that it may vacate the Additional Premises prior to such scheduled expiration date, in which event the Additional Premises may become available for space preparation work prior to such date. As used herein, the “Scheduled Delivery Period” for the Additional Premises shall mean the period commencing on December 1, 2012 and ending on April 1, 2013. The “Delivery Date” for the Additional Premises shall mean the date on which Landlord delivers the Additional Premises to Tenant, free and clear of all occupants and after substantial completion of the work that is required under Section 3.05 below to be performed by Landlord prior to the Delivery Date for the Additional Premises. Landlord shall use reasonable efforts to so deliver the Additional Premises to Tenant as early as is practicable during the Scheduled Delivery Period (as defined in Paragraph 2.b after MFS vacates and surrenders such space and Landlord has substantially completed the work that it is required to perform prior to the Delivery Date under Section 3.05 below), and continuing for provided that (i) the balance of the Term of the Lease, Suite 602 on the 6th floor of the Building, shown outlined on the attached Exhibit A (the “Additional Premises”), Premises shall not be added delivered to Tenant prior to the premises covered by the Lease. Commencing on the Effective DateScheduled Delivery Period, all references in the Lease unless Tenant elects to the “Premises” shall be deemed to refer to the Existing Premises and accept such early delivery of the Additional Premises, collectively. Landlord and Tenant hereby stipulate for all purposes (ii) any delay in such delivery beyond the Scheduled Delivery Period shall not give rise to any claim, damage, or liability of Landlord, except that the Rent Commencement Date (solely in respect of the Lease Additional Premises) shall be delayed by one day for each day (if any) that the Delivery Date for the Additional Premises contains 10,129 rentable square feet. Tenant acknowledges is delayed after the last day of the Scheduled Delivery Period (it being agreed, however, that such delay in the Rent Commencement Date for the Additional Premises contain certain furniture (the “Existing Furniture”) which is listed on Exhibit “B” attached hereto. Tenant further acknowledges and agrees that the Existing Furniture is currently shall not derogate from Landlord’s property. On or before September 15, 2011, Tenant may request that Landlord, at Landlord’s sole cost and expense, remove or (if necessary) disassemble all or some portion ongoing obligation to continue to use reasonable efforts to deliver the Additional Premises as soon as possible after the end of the Existing Furniture. Except for such furniture that Landlord removes at Tenant’s request as above stated, on and after September 15, 2011, in consideration of the promises contained in this First Amendment, all right, title and interest in the Existing Furniture remaining in the Premises shall be deemed transferred to Tenant by Landlord, and Landlord shall retain no further right, title or interest in same. Landlord makes no representation concerning, nor does Landlord warrant, the condition of the Existing Furniture nor shall Landlord be responsible for servicing or maintaining the Existing Furniture. Landlord shall have no liability to Tenant, nor shall Tenant be entitled to any reduction in rent or any offset whatsoever, should any of the Existing Furniture fail to operate or otherwise fail to properly functionScheduled Delivery Period).