Common use of Additional Space Clause in Contracts

Additional Space. There shall be added to the "demised premises" under the Lease the following additional portions of the Building (the "Additional Space"): (a) That portion of the second floor of the Building now occupied by McAllister Academy (the "McAllister Space") which, together with the second flxxx xxxxx currently leased by Tenant, constitutes the entire second floor; (b) The entrance lobby on 56th Street and the stairwell in that lobby and stairx xxxxxxx xo the second, the third and the fourth floor; (c) The basement storage room located in the basement of the Building and currently used by Landlord for the storage of documents. Tenant shall use the basement storage room only for storage. Tenant acknowledges that the McAllister Space is currently occupied by McAllister Academy and thax XxXxxxxxer's lease expires on January 31, 0000. Xxndlord shall not axxxx xx xxx extension of the McAllister lease or occupancy beyond that date and shall take all rexxxxxxxx xteps to deliver the McAllister Space to Tenant promptly on or after the Effective Date hxxxxx. Xx the event that Landlord is unable to delivery the McAllister Space on or before the Effective Date hereof, the rent coxxxxxxxxxx date for the McAllister Space shall be the earlier to occur of (i) the date on whxxx Xxxxxx commences use of the McAllister Space for classroom, office or storage purposes, or (ii) Xxx 0, 0004. In the event that Landlord is unable to delivery the McAllister Space on or before May 1, 2004 the rent commencement date xxx xxx XcAllister Space shall be the earlier to occur of (i) the date on whxxx Xxxxxx commences use of the McAllister Space for classroom, office or storage purposes, or (ii) Xxxxxx 00, 2004. In the event that Landlord is unable to delivery the McAllister Space on or before August 15, 2004 the rent commencement xxxx xxx xhe McAllister Space shall be the earlier to occur of(i)the date on whicx Xxxxxx xommences use of the McAllister Space for classroom, office or storage purposes, or (ii) Xxxxxxxx 05, 2004. In the event that Landlord is unable to delivery the McAllister Space on the Effective Date hereof, Tenant shall be entitxxx xx xxx day of free rent for the McAllister Space (which Landlord and Tenant agree shall be the amounx xx $000 per day) for each day Landlord delays in turning over the McAllister Space to Tenant after the Effective Date. Tenant agrees xx xxxxxx the Additional Space in its current "as is" condition and Landlord shall not be required to perform any work: or provide Tenant with any allowance with respect to the Additional Space or the demised premises. Upon delivery of the Additional Space to Tenant, Tenant shall have possession thereof free of all tenants and occupants thereof.

Additional Space. There (a) The Additional Space shall be added to the "demised premises" Premises under all the Lease the following additional portions applicable terms and conditions of the Building Original Lease, except as modified herein, for a term (the "“Additional Space"): (aSpace Term”) That portion of commencing on the second floor of the Building now occupied by McAllister Academy date (the "McAllister Space"“Additional Space Commencement Date”) which, together with the second flxxx xxxxx currently leased by Tenant, constitutes the entire second floor; (b) The entrance lobby on 56th Street and the stairwell in that lobby and stairx xxxxxxx xo the second, the third and the fourth floor; (c) The basement storage room located in the basement of the Building and currently used by Landlord for the storage of documents. Tenant shall use the basement storage room only for storage. Tenant acknowledges that the McAllister Space which is currently occupied by McAllister Academy and thax XxXxxxxxer's lease expires on January 31, 0000. Xxndlord shall not axxxx xx xxx extension of the McAllister lease or occupancy beyond that date and shall take all rexxxxxxxx xteps to deliver the McAllister Space to Tenant promptly on or after the Effective Date hxxxxx. Xx the event that Landlord is unable to delivery the McAllister Space on or before the Effective Date hereof, the rent coxxxxxxxxxx date for the McAllister Space shall be the earlier to occur of (i) the date on whxxx Xxxxxx commences use of Tenant (or anyone claiming by, through or under Tenant) first occupies the McAllister Additional Space for classroomeither the performance of Alterations or for the ordinary conduct of Tenant’s business, office or storage purposes, or and (ii) Xxx 0the date Landlord’s Pre-Commencement Additional Space Work (as hereinafter defined) has been substantially completed, 0004and shall end on the New Expiration Date. In Unless the event context otherwise requires and, effective as of the Additional Space Commencement Date, references in the Original Lease to the Premises shall be deemed to include the Additional Space. (b) The parties acknowledge that Tenant has inspected the Additional Space and the Building and is fully familiar with the physical condition thereof and Tenant agrees to accept the Additional Space at the commencement of the Additional Space Term in its then “as is” condition, subject to the performance by Landlord of Landlord’s Additional Space Work in the 21st Floor Premises. Except for the performance of Landlord’s Additional Space Work, Tenant acknowledges and agrees that Landlord is unable shall have no obligation to delivery the McAllister Space on do any work in or before May 1, 2004 the rent commencement date xxx xxx XcAllister Space shall be the earlier to occur of (i) the date on whxxx Xxxxxx commences use of the McAllister Space for classroom, office or storage purposes, or (ii) Xxxxxx 00, 2004. In the event that Landlord is unable to delivery the McAllister Space on or before August 15, 2004 the rent commencement xxxx xxx xhe McAllister Space shall be the earlier to occur of(i)the date on whicx Xxxxxx xommences use of the McAllister Space for classroom, office or storage purposes, or (ii) Xxxxxxxx 05, 2004. In the event that Landlord is unable to delivery the McAllister Space on the Effective Date hereof, Tenant shall be entitxxx xx xxx day of free rent for the McAllister Space (which Landlord and Tenant agree shall be the amounx xx $000 per day) for each day Landlord delays in turning over the McAllister Space to Tenant after the Effective Date. Tenant agrees xx xxxxxx the Additional Space in its current "as is" condition order to make it suitable and Landlord ready for occupancy and use by Tenant. For purposes of clarification, Tenant expressly acknowledges and agrees that Landlord’s Additional Space Work shall not only be required to perform any work: or provide Tenant with any allowance performed with respect to the 21st Floor Premises and no such Landlord’s Additional Space Work is required to be performed in the 22nd Floor Premises. Notwithstanding the foregoing to the contrary, if during the performance of Tenant’s Initial Additional Space Work, it shall be determined that the restrooms located in the 22nd Floor Premises are not in compliance with the Americans with Disabilities Act of 1990 (as defined on the date hereof), then upon notice from Tenant to Landlord thereof, Landlord shall perform such work as shall be reasonably necessary to cause the restrooms in the 22nd Floor Premises to be in compliance with the Americans with Disabilities Act of 1990 (as defined on the date hereof). Nothing contained herein shall be or be deemed to relieve Landlord of any ongoing maintenance and repair obligations set forth in the demised premises. Upon delivery of Original Lease with respect to the Building systems serving the Additional Space (including, without limitation, any fire and life safety systems that Landlord is required to repair and maintain pursuant to the terms of the Original Lease). (c) (i) Following the date hereof, Landlord shall, at its sole cost and expense, perform the work detailed on Exhibit B-1 annexed hereto (the “Landlord’s Pre-Commencement Additional Space Work”) in the 21st Floor Premises pursuant to the terms and conditions detailed therein. Following the Additional Space Commencement Date, Landlord shall, at its sole cost and expense, perform the work detailed on Exhibit B-2 annexed hereto (the “Landlord’s Post-Commencement Additional Space Work”; and collectively with the Landlord’s Pre-Commencement Additional Space Work, referred to as the “Landlord’s Additional Space Work”) in the 21st Floor Premises pursuant to the terms and conditions detailed therein. Landlord’s Pre-Commencement Additional Space Work shall be deemed to be “substantially completed” notwithstanding that minor or non-material details of construction, mechanical adjustment or decoration which do not interfere with the performance of Tenant’s Additional Space Work (as hereinafter defined) or the ordinary conduct of Tenant’s business in the 21st Floor Premises (in either case, other than to a de minimis extent) remain to be performed (the “Additional Space Punch List Items”). Landlord and Tenant hereby acknowledge and agree that the Additional Space Punch List Items, Landlord’s Post-Commencement Additional Space Work and Tenant’s Additional Space Initial Work shall have possession thereof free be performed simultaneously and the parties shall reasonably cooperate with each other with respect to scheduling each portion of all tenants and occupants thereofsaid work.

Additional Space. There shall be added to Lessor and Lessee hereby agree that on or before the "demised premises" under date that is thirty (30) days after the Lease the following additional portions of the Building existing tenant vacates (the "Additional Space Delivery Date") the approximately 2,371 square feet of space located at 3708 East Columbia, Tucson, Arizona and shown on EXHIBIT "A" attxxxxx xxxxxx (xxx "Xxxxxxxxxx Space"): (a) That portion ), provided Lessee is not in monetary or material default under this Lease, Lessor shall deliver to Lessee possession of the second floor Additional Space. The monthly base rent per square foot for the Additional Space shall be eighty cents ($0.80) per rentable square Please Initial Lessor G Lessee G foot. Such monthly base rent shall be increased annually on each anniversary of the Building now occupied Commencement Date during the Term and any Extension Term by McAllister Academy three percent (3%) over the "McAllister Space") which, together with the second flxxx xxxxx currently leased by Tenant, constitutes the entire second floor; (b) The entrance lobby on 56th Street and the stairwell monthly base rent in that lobby and stairx xxxxxxx xo the second, the third and the fourth floor; (c) The basement storage room located in the basement of the Building and currently used by Landlord for the storage of documentseffect immediately prior to each such anniversary. Tenant shall use the basement storage room only for storage. Tenant acknowledges that the McAllister Space is currently occupied by McAllister Academy and thax XxXxxxxxer's lease expires on January 31, 0000. Xxndlord shall not axxxx xx xxx extension of the McAllister lease or occupancy beyond that date and shall take all rexxxxxxxx xteps to deliver the McAllister Space to Tenant promptly on or after the Effective Date hxxxxx. Xx the event that Landlord is unable to delivery the McAllister Space on On or before the Effective Date hereofdate possession of the Additional Space is delivered to Lessee, Lessor and Lessee shall execute an amendment adding the Additional Space xx xxxs Lease and modifying Lessee's pro rata share as it applies to the CAM Amount, the rent coxxxxxxxxxx date for Xxxxxance Amount and the McAllister Space Real Property Tax. Lessor shall be present the earlier Premises to occur of (i) the date on whxxx Xxxxxx commences use of the McAllister Space for classroom, office or storage purposes, or Lessee in a clean condition and (ii) Xxx 0the roof and the HVAC, 0004. In electrical, plumbing, elevator and life safety systems serving the event that Landlord is unable to delivery the McAllister Space on or before May 1, 2004 the rent commencement date xxx xxx XcAllister Space Premises shall be the earlier to occur in good working order. If any of (i) the date on whxxx Xxxxxx commences use such systems are not in good working order as of the McAllister Additional Space for classroomDelivery Date, office or storage purposes, or and if Lessee notifies Lessor of such fact within sixty (ii60) Xxxxxx 00, 2004. In the event that Landlord is unable to delivery the McAllister Space on or before August 15, 2004 the rent commencement xxxx xxx xhe McAllister Space shall be the earlier to occur of(i)the date on whicx Xxxxxx xommences use of the McAllister Space for classroom, office or storage purposes, or (ii) Xxxxxxxx 05, 2004. In the event that Landlord is unable to delivery the McAllister Space on the Effective Date hereof, Tenant shall be entitxxx xx xxx day of free rent for the McAllister Space (which Landlord and Tenant agree shall be the amounx xx $000 per day) for each day Landlord delays in turning over the McAllister Space to Tenant days after the Effective Additional Space Delivery Date, Lessor shall, at its sole cost and expense, and not as a Total Common Area Charge, promptly and with reasonable diligence put the same in good working order. Tenant agrees xx xxxxxx Other than as provided in this PARAGRAPH 36, Lessee shall accept the Additional Space in its current "as as-is" condition condixxxx xn the Additional Space Delivery Date and Landlord Lessor shall not be required have no obligation to perform any work: repairs or provide Tenant with any allowance with respect improvements therein. Except as otherwise provided for in this PARAGRAPH 36, all other terms and conditions of this Lease shall apply to the Additional Space. Tenant shall commence payment of rent for the Additional Space or and the demised premises. Upon delivery term of the Additional Space shall commence on the date possession is actually delivered to Tenant, Tenant Lessee. The lease term of the Additional Space shall have possession thereof free of all tenants and occupants thereofexpire on the Expiration Date.

Additional Space. There (i) Tenant currently subleases from The Xxxxxxxxx Company Holdings LLC (“Xxxxxxxxx”), pursuant to a sublease dated December 10, 2010 (the “Xxxxxxxxx Sublease”), a portion of the thirteenth (13th) floor of the Building, substantially as shown hatched on the plan annexed hereto as Exhibit A (“Additional Space A”), for a term expiring on February 23, 2013. Landlord hereby consents to the extension of the term of the Xxxxxxxxx Sublease through and including February 28, 2013 (the “Sublease Expiration Date”) and agrees that neither Xxxxxxxxx nor Tenant shall have any obligation to restore any Alterations currently existing in Additional Space A or to vacate and surrender Additional Space A to Landlord on the Sublease Expiration Date. (ii) In the event that the direct lease between Landlord and Xxxxxxxxx for premises including Additional Space A (the “Xxxxxxxxx Lease”) shall be terminated, Landlord shall give notice to Tenant of such termination and, from the effective date of such termination through and including the Sublease Expiration Date, (x) Landlord shall recognize Tenant as its direct tenant in Additional Space A and (y) Tenant shall attorn to Landlord with respect to such space, pursuant to the then executory provisions of the Xxxxxxxxx Sublease, except that Landlord shall not be (A) liable for any previous act or omission of Xxxxxxxxx under the Xxxxxxxxx Sublease, (B) subject to any credit, offset, claim, counterclaim, demand or defense which may have accrued to Tenant or which Tenant may have against Xxxxxxxxx thereunder, (C) bound by any modification to the Xxxxxxxxx Sublease not consented to in writing by Landlord, (D) bound by any prepayment of rent under the Xxxxxxxxx Sublease for more than one month in advance, (E) required to account for or return any security deposit of Tenant under the Xxxxxxxxx Sublease (unless the same is actually delivered by Xxxxxxxxx to Landlord and Tenant would be entitled to the return thereof pursuant to the terms of the Xxxxxxxxx Sublease and the consent thereto executed by Landlord, Xxxxxxxxx, and Tenant), and/or (F) bound by any obligation of Xxxxxxxxx to make any payment to Tenant or perform any work in Additional Space A. If Tenant shall attorn to Landlord pursuant to this Section 4(a)(ii), then for the balance of the term of the Xxxxxxxxx Sublease, (I) any default by Tenant thereunder shall be a default under the Lease (as amended by this Agreement), and (II) the Security Deposit held pursuant to the terms of the Lease (as amended by this Agreement) may be applied to cure a default by Tenant under the Xxxxxxxxx Sublease. (iii) Commencing on March 1, 2013 (“Commencement Date A”), Additional Space A shall be added to and shall be considered a part of the "Premises demised premises" under the Lease, upon the terms and conditions set forth in the Lease the following additional portions of the Building (the "Additional Space"):except as otherwise expressly provided in this Agreement). (ai) That Landlord and Tenant acknowledge that BuyWithMe, Inc. (“BuyWithMe”) currently subleases from Xxxxxxxxx a portion of the second thirteenth (13th) floor of the Building now occupied by McAllister Academy Building, substantially as shown hatched on the plan annexed hereto as Exhibit B (the "McAllister Space") which, together with the second flxxx xxxxx currently leased by Tenant, constitutes the entire second floor;“Additional Space B”). (bii) The entrance lobby Commencing on 56th Street and the stairwell in that lobby and stairx xxxxxxx xo the second, the third and the fourth floor; (c) The basement storage room located in the basement of the Building and currently used by Landlord for the storage of documents. Tenant shall use the basement storage room only for storage. Tenant acknowledges that the McAllister Space is currently occupied by McAllister Academy and thax XxXxxxxxer's lease expires on January 31, 0000. Xxndlord shall not axxxx xx xxx extension of the McAllister lease or occupancy beyond that date and shall take all rexxxxxxxx xteps to deliver the McAllister Space to Tenant promptly on or after the Effective Date hxxxxx. Xx the event that Landlord is unable to delivery the McAllister Space on or before the Effective Date hereof, the rent coxxxxxxxxxx date for the McAllister Space shall be the earlier to occur of (ix) March 1, 2013 and (y) the date on whxxx Xxxxxx commences use which the Xxxxxxxxx Lease shall be terminated due to Xxxxxxxxx’x default thereunder (such earlier date, “Commencement Date B”), Additional Space B shall be added to and shall be considered a part of the McAllister Premises demised under the Lease, upon the terms and conditions set forth in the Lease (except as otherwise expressly provided in this Agreement). (iii) If Landlord shall be unable to deliver possession of Additional Space B on any date set forth in Section 4(b)(ii) hereof for classroomany reason whatsoever, office Landlord shall not be subject to any liability therefor and the validity of the lease of Additional Space B shall not be impaired thereby nor the Expiration Date extended, but Commencement Date B shall be postponed until Additional Space B are available for occupancy by Tenant. Tenant expressly waives any right to rescind its lease of Additional Space B under Section 223-a of the New York Real Property Law or storage purposesunder any present or future statute of similar import then in force and further expressly waives the right to recover any damages that may result from Landlord’s failure to deliver possession of Additional Space B on any particular date. Tenant agrees that the provisions of this Section 4(b)(iii) are intended to constitute “an express provision to the contrary” within the meaning of said Section 223-a. Notwithstanding the foregoing, Landlord shall use commercially reasonable efforts (which shall not include an obligation to commence eviction proceedings against Xxxxxxxxx or BuyWithMe) to deliver Additional Space B to Tenant on or about the date intended as Commencement Date B as set forth in Section 4(b)(ii) hereof (the “Additional Space B Target Date”), and in the event that (x) Xxxxxxxxx and/or BuyWithMe shall hold over in the Additional Space B for more than thirty (30) days after the Additional Space B Target Date, and (y) Landlord shall actually collect holdover rental attributable to Additional Space B from Xxxxxxxxx and/or BuyWithMe for the period commencing on the 31st day after the Additional Space B Target Date (such date, the “Extended Space B Holdover Date”), which holdover rental is in excess of the fixed rent and additional rent at the rate payable by Xxxxxxxxx prior to the expiration of the term of the Xxxxxxxxx Lease (such excess, the “Space B Holdover Premium”), then, as Tenant’s sole and exclusive remedy for such delay in the occurrence of Commencement Date B, Tenant shall be entitled to a credit against the Fixed Rent payable by Tenant for Additional Space B equal to 50% of the Space B Holdover Premium actually paid to Landlord from and after the Extended Space B Holdover Date, provided further that Landlord shall have no liability to Tenant for any failure to collect the Space B Holdover Premium. (i) Landlord and Tenant acknowledge that Dratfield Analytics Inc. (“DAI”) currently leases from Landlord, pursuant to a direct lease (the “DAI Lease”), a portion of the sixteenth (16th) floor of the Building, substantially as shown hatched on the plan annexed hereto as Exhibit C (“Additional Space C”; Additional Space C, together with Additional Space A and Additional Space B, collectively, the “Additional Space”). (ii) Xxx 0, 0004. In the event that Landlord is unable to delivery the McAllister Space Commencing on or before May 1, 2004 the rent commencement date xxx xxx XcAllister Space shall be the earlier to occur of (ix) February 1, 2015 and (y) the date on whxxx Xxxxxx commences use which the DAI Lease shall be terminated due to DAI’s default thereunder (such earlier date, “Commencement Date C”), Additional Space C shall be added to and shall be considered a part of the McAllister Space for classroomPremises demised under the Lease, office or storage purposes, or upon the terms and conditions set forth in the Lease (ii) Xxxxxx 00, 2004except as otherwise expressly provided in this Agreement). In the event that Landlord is unable to delivery the McAllister Space on or before August 15, 2004 the rent commencement xxxx xxx xhe McAllister Space shall be the earlier to occur of(i)the date on whicx Xxxxxx xommences use of the McAllister Space for classroom, office or storage purposes, or (ii) Xxxxxxxx 05, 2004. In the event that Landlord is unable to delivery the McAllister Space on the Effective From and after Commencement Date hereofC, Tenant shall be entitxxx xx xxx day a full floor Tenant on the sixteenth floor of free rent for the McAllister Space Building, substantially as shown hatched on the plan annexed hereto as Exhibit C-1. (which iii) If Landlord and Tenant agree shall be unable to deliver possession of Additional Space C on any date set forth in Section 4(c)(ii) hereof for any reason whatsoever, Landlord shall not be subject to any liability therefor and the amounx xx $000 per day) validity of the lease of Additional Space C shall not be impaired thereby nor the Expiration Date extended, but Commencement Date C shall be postponed until Additional Space C is available for each day Landlord delays occupancy by Tenant. Tenant expressly waives any right to rescind its lease of Additional Space C under Section 223-a of the New York Real Property Law or under any present or future statute of similar import then in turning over force and further expressly waives the McAllister right to recover any damages that may result from Landlord’s failure to deliver possession of Additional Space to Tenant after the Effective DateC on any particular date. Tenant agrees xx xxxxxx that the provisions of this Section 4(c)(iii) are intended to constitute “an express provision to the contrary” within the meaning of said Section 223-a. Notwithstanding the foregoing, Landlord shall use commercially reasonable efforts (which shall not include an obligation to commence eviction proceedings against DAI) to deliver Additional Space C to Tenant on or about the date intended as Commencement Date C as set forth in Section 4(c)(ii) hereof (the “Additional Space C Target Date”), and in the event that (x) DAI shall hold over in Additional Space C for more than thirty (30) days after the Additional Space C Target Date, and (y) Landlord shall actually collect holdover rental attributable to Additional Space C from DAI for the period commencing on the 31st day after the Additional Space C Target Date (such date, the “Extended Space C Holdover Date”), which holdover rental is in excess of the fixed rent and additional rent at the rate payable by DAI prior to the expiration of the term of the DAI Lease (such excess, the “Space C Holdover Premium”), then, as Tenant’s sole and exclusive remedy for such delay in the occurrence of Commencement Date C, Tenant shall be entitled to a credit against the Fixed Rent payable by Tenant for Additional Premises C equal to 50% of the Space C Holdover Premium actually paid to Landlord from and after the Extended Space C Holdover Date, provided further that Landlord shall have no liability to Tenant for any failure to collect the Space C Holdover Premium. (d) Tenant shall lease each portion of the Additional Space in its current "“as is" ” condition as of the applicable commencement date as set forth in this Section 4, it being understood and agreed that (i) Landlord shall not be required to perform any work: makes no representations or provide Tenant with any allowance warranties with respect to the Additional Space or the demised premises. Upon delivery of Space; (ii) in no event shall Landlord be obligated to xxxxx any Hazardous Materials existing in the Additional Space unless Landlord introduces such Hazardous Materials into the Additional Space after the date of this Agreement; and (iii) except as otherwise expressly provided in Section 10 hereof, Landlord shall not be obligated to perform any work to prepare the Additional Space for Tenant, Tenant shall have possession thereof free of all tenants and occupants thereof’s occupancy.