Common use of Additional Premises Clause in Contracts

Additional Premises. Effective as of December 1, 2015 (the “Additional Premises 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 Existing Lease. Tenant’s obligation to pay Base Rent and Additional Rent with respect to the Additional Premises shall commence on the Additional Premises Commencement Date. From and after the Additional Premises Commencement Date, the term “Premises,” as used herein and in the 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” in paragraph 1 of the Existing Lease is amended and restated as follows: “The portion of the Building consisting of a portion of the seventh (7th), eighth (8th) and ninth (9th) floors the Building which is depicted on the plan attached as Exhibit B and agreed by Landlord and Tenant for all purposes under this Lease to consist of approximately 51,925 rentable square feet, measured in accordance with the standard BOMA Method of Measurement (ANSI-1996). The foregoing number of rentable square feet shall be final, conclusive and controlling and if Landlord remeasures the Building or Premises (regardless the reason, including whether required by a lender or due to a change in the method of measurement employed by Landlord throughout the Building), then notwithstanding the outcome of such remeasurement, neither the amount of Base Rent nor Tenant’s Pro Rata Share (Operating Costs) or Tenant’s Pro Rata Share (Property Taxes) shall be changed as a result of any such 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 December 1, 2015 the date (the “Additional High Bay Premises Commencement Date”), ) that Landlord tenders possession of the High Bay Premises to Tenant leases in accordance with 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 Existing Lease. Tenant’s obligation to pay Base Rent and Additional Rent with respect to the Additional Premises shall commence on the Additional Premises Commencement Dateterms of Section 5. From and after the Additional High Bay Premises Commencement Date, the 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 as used herein provided in Article 44 of the Lease 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, in the Existing Leaseform attached as Exhibit C hereto. Failure to execute and deliver such acknowledgment, and 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 and all medical review board or other similar governmental licensing of the Landlord’s and Tenant’s obligations and rights with respect thereto, High Bay Premises required for the Permitted Use by Tenant shall include and apply not serve to extend the Additional Premises. In connection therewith, from and after the Additional High Bay Premises Commencement Date, the definition . 2.2. Landlord shall use commercially reasonable efforts to tender possession of the term “Premises” High Bay Premises to Tenant on or before September 30, 2013. Tenant agrees that in paragraph 1 the event Landlord does not tender possession of the Existing 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 is amended and restated as follows: “The portion to the contrary, Landlord’s obligation to timely tender possession of the Building consisting of a portion of the seventh (7th), eighth (8th) and ninth (9th) floors the Building which is depicted on the plan attached as Exhibit B and agreed by Landlord and High Bay Premises to Tenant for all purposes under this Lease to consist of approximately 51,925 rentable square feet, measured in accordance with the standard BOMA Method of Measurement (ANSI-1996). The foregoing number of rentable square feet shall be final, conclusive and controlling and if Landlord remeasures the Building or Premises (regardless the reason, including whether required by subject to extension on a lender or due to a change in the method of measurement employed by Landlord throughout the Building), then notwithstanding the outcome of such remeasurement, neither the amount of Base Rent nor Tenant’s Pro Rata Share (Operating Costs) or Tenant’s Pro Rata Share (Property Taxes) shall be changed day-for-day basis as a result of any 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 remeasurementnotice, Landlord shall have fifteen (15) days (the “High Bay Cure Period”) to tender possession of the High Bay Premises to Tenant. If, prior to the expiration of the High Bay Cure Period, Landlord has tendered possession of the High Bay Premises to Tenant, then such termination notice shall be null and void and of no further force or effect and the Amended Lease with respect to the High Bay Premises shall continue in full force and effect. If, prior to the expiration of the High Bay Cure Period, Landlord has not tendered possession of the High Bay Premises to 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 earlier termination thereof.”

Additional Premises. Effective Lessor agrees to lease to Lessee and Lessee agrees to lease from Lessor certain additional leased premises consisting of approximately six thousand five hundred (6,500) square feet of office and production space, commonly known as of December 14395 Varsity Drive, 2015 Suite C (the “"Additional Premises Commencement Date”Premises"), Tenant leases . Lessee acknowledxxx xxxx xxx Xxxxxxxxxx Xxxmises are currently occupied by another tenant. If such tenant fails to vacate the Additional Premises from Landlordon a timely basis, as shown on Exhibit A attached hereto and made a part hereofLessor will use its good faith efforts to cause such tenant to vacate, which Exhibit A shall be added to Exhibit B to the Existing Lease. Tenant’s obligation to pay Base Rent and Additional Rent with respect to the Additional Premises shall commence on the Additional Premises Commencement Date. From and after the Additional Premises Commencement Dateincluding without limitation, the term “Premises,” as used herein and in the Existing Lease, and any and all commencement of the Landlord’s and Tenant’s obligations and rights with respect thereto, shall include and apply to legal proceedings for possession of the Additional Premises. In connection therewith, from and after the Additional Premises Commencement Date, the definition of the term “Premises” in paragraph 1 of the Existing Lease is amended and restated as follows: “The portion of the Building consisting of a portion of the seventh (7th), eighth (8th) and ninth (9th) floors the Building which is depicted on the plan attached as Exhibit B and agreed by Landlord and Tenant Lessor shall not be liable to Lessee for all purposes under this Lease to consist of approximately 51,925 rentable square feet, measured in accordance with the standard BOMA Method of Measurement (ANSI-1996). The foregoing number of rentable square feet shall be final, conclusive and controlling and if Landlord remeasures the Building or Premises (regardless the reason, including whether required by a lender or due to a change in the method of measurement employed by Landlord throughout the Building), then notwithstanding the outcome of such remeasurement, neither the amount of Base Rent nor Tenant’s Pro Rata Share (Operating Costs) or Tenant’s Pro Rata Share (Property Taxes) shall be changed any damages as a result of any delay in delivering the Additional Premises, and Lessee shall have no right to terminate the Lease or abate its current rental obligations due to such remeasurementdelay. Notwithstanding txx xxregoing, if the Additional Premises are not ready for Lessee's occupancy on or before October 31, 2001, Lessee will have the right, as its sole and exclusive remedy, to terminate this Fifth Amendment. In the event that Lessee elects to so terminate this Fifth Amendment, the Lease, including the first four amendments thereto, will remain in full force and effect. The Additional Premises shall be deemed ready for Lessee's occupancy, when Lessor provides Lessee with written notice that the Additional Premises have been vacated, regardless of when Lessee thereafter elects to occupy the Additional Premises. Lessee acknowledges and agrees that the Additional Premises are being leased to Lessee in "as-is, where-is" condition.”

Additional Premises. Effective as of December 1the Effective Date (as defined in Paragraph 2.b below), 2015 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 Commencement DatePremises”), 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 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 LeasePremises and the Additional Premises, collectively. Tenant’s obligation to pay Base Rent Landlord and Additional Rent with respect to Tenant hereby stipulate for all purposes of the Lease that the Additional Premises shall commence on contains 10,129 rentable square feet. Tenant acknowledges that the Additional Premises Commencement Datecontain certain furniture (the “Existing Furniture”) which is listed on Exhibit “B” attached hereto. From 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 Additional Premises Commencement Datepromises contained in this First Amendment, the term “Premises,” as used herein all right, title and interest in the Existing LeaseFurniture remaining in the Premises shall be deemed transferred to Tenant by Landlord, and any and all of the Landlord’s and Tenant’s obligations and rights with respect theretoLandlord shall retain no further right, shall include and apply to the Additional Premisestitle or interest in same. In connection therewithLandlord makes no representation concerning, from and after the Additional Premises Commencement Datenor does Landlord warrant, the definition of the term “Premises” in paragraph 1 condition of the Existing Lease is amended and restated as follows: “The portion 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 Building consisting of a portion of the seventh (7th), eighth (8th) and ninth (9th) floors the Building which is depicted on the plan attached as Exhibit B and agreed by Landlord and Tenant for all purposes under this Lease Existing Furniture fail to consist of approximately 51,925 rentable square feet, measured in accordance with the standard BOMA Method of Measurement (ANSI-1996). The foregoing number of rentable square feet shall be final, conclusive and controlling and if Landlord remeasures the Building operate or Premises (regardless the reason, including whether required by a lender or due otherwise fail to a change in the method of measurement employed by Landlord throughout the Building), then notwithstanding the outcome of such remeasurement, neither the amount of Base Rent nor Tenant’s Pro Rata Share (Operating Costs) or Tenant’s Pro Rata Share (Property Taxes) shall be changed as a result of any such remeasurementproperly function.”