Common use of Additional Space Clause in Contracts

Additional Space. Section 21.1 Landlord agrees that all office space on the eighth floor of the Building shall be subject to the provisions on this Article 21. 1. Landlord agrees that without the written consent of Tenant it will not initially lease any office space that is less than 3,000 rentable square feet on the eighth floor of the Building for a term that terminates after August 1, 2001 (including all options to renew or extend the term of said lease) or in the alternative, allows Landlord to relocate said Premises. The term "initially lease" refers to the first lease of said space to a tenant. Section 21.2 Prior to the end of the twenty-sixth (26th) full month of the Term, Tenant shall notify Landlord in writing of its desire to expand the Premises. Landlord shall, within ten (10) business days notify Tenant of the exact rentable area between 1050 and 1800 rentable square feet adjacent to the Premises into which Tenant shall have the right to expand. In the event Tenant accepts said designated expansion area for additional space in the Facility, Landlord shall provide such space no later than six (6) months after receipt of said notice of acceptance from Tenant. Tenant's acceptance notice shall be delivered within ten (10) days of receipt of Landlord's designation of the expansion space. In the event Tenant so notifies Landlord, Landlord shall deliver to Tenant an amendment of this Lease adding such additional space to the Premises demised hereunder, on said effective date. Additional initial annual Base Rent shall be payable for the additional area in the amount determined by multiplying (i) the rentable area of the expansion area by (ii) the amount determined by subtracting from Tenant's Base Rent payable for the initially demised Premises the unamortized difference between (y) $30.00 per rentable square foot and (z) the cost per rentable square foot of the tenant improvements (below the finished ceiling) installed by or for the previous tenant or occupant of the expansion area. Tenant's Rent on the expansion area shall commence the earlier of (i) the date of occupancy, or (ii) sixty (60) days after the Premises are delivered to Tenant for commencement of its work. Landlord will provide Tenant with the "open book" cost figures for said prior tenant improvements. The initial improvements for said Expansion Area shall be submitted to Tenant for its review and comment and Landlord and Tenant agree to work together in good faith to construct a lay-out and select finishes which will be compatible with the Premises, provided, said space must be useable for the purposes intended by Landlord for a marketing office. Said amortization shall be determined on the basis of a five (5) year lease term.

Additional Space. Section 21.1 Landlord hereby leases to Tenant, and Tenant hereby agrees to lease from Landlord, the Additional Space for a term commencing on January 1, 2012 (the Additional Space Commencement Date), and continuing through the Expiration Date, unless sooner terminated pursuant to the terms of the Lease. Effective as of the Additional Space Commencement Date, the term Premises as used in the Lease, shall be amended to include the Additional Space, and Exhibit A to the Lease shall be deleted in its entirety, and Exhibit A attached hereto shall be substituted therefor. Tenant acknowledges that all office space the Additional Space is currently occupied by an existing tenant whose lease terminates on September 30, 2011. If the existing tenant does not vacate the Additional Space prior to October 31, 2011, Tenant shall be entitled to two (2) days of rent abatement, on the eighth floor of Additional Space only, for each day after October 31, 2011 until such existing tenant vacates the Building Additional Space. Tenant shall take the Additional Space in its as-is condition except for certain leasehold improvements (the Initial Alterations) to the Additional Space which shall be subject completed in accordance with the terms of this Paragraph. Tenant agrees to submit plans and specifications for the provisions on this Article 21. 1Initial Alterations to Landlord for written approval. Landlord shall advise Tenant, no later than two (2) days after receipt of such plans and specifications, of its approval of such plans and specifications or, if applicable, of any matters which are unsatisfactory or require change. Landlord agrees that without it shall not unreasonably withhold or delay its approval of such plans. The approved plans and specifications, including all approved changes, shall be referred to herein as the written consent of Initial Plans. Any changes or amendments to the Initial Plans must be approved by both Landlord and Tenant. Landlord shall complete the Initial Alterations by hiring a contractor selected by Tenant it will and approved by Landlord to install or construct the Initial Alterations in accordance with the Initial Plans. Landlord shall not initially lease any office space that is less than 3,000 rentable square feet on the eighth floor unreasonably withhold or delay its hiring of the Building for a term that terminates after August 1, 2001 (including all options to renew contractor selected by Tenant and shall not unreasonably delay or extend hinder the term of said lease) or in the alternative, allows Landlord to relocate said Premises. The term "initially lease" refers to the first lease of said space to a tenant. Section 21.2 Prior to the end completion of the twenty-sixth Initial Alterations by such contractor. Landlord will charge a construction management fee (26ththe Construction Management Fee) full month equal to three percent (3%) of the Term, Tenant shall notify aggregate amount of the Initial Improvement Allowance and any 2012 Allowance Portion of the Future Improvement Allowance (as such terms are hereinafter defined) which is funded by Landlord in writing connection with the Initial Alterations. Tenant intends to hire Xxxxx Xxxxx (Xxxxx) as an additional construction manager, and the fees and expenses of its desire to expand the Premises. Landlord shall, within ten (10) business days notify Tenant of the exact rentable area between 1050 and 1800 rentable square feet adjacent to the Premises into which Tenant Xxxxx shall have the right to expand. In the event Tenant accepts said designated expansion area for additional space in the Facility, Landlord shall provide such space no later than six (6) months after receipt of said notice of acceptance from be paid by Tenant. Tenant's acceptance notice shall be delivered within ten (10) days of receipt of Landlord's designation of the expansion space. In the event Tenant so notifies Landlord, Landlord shall deliver to Tenant an amendment of this Lease adding such additional space to the Premises demised hereunder, on said effective date. Additional initial annual Base Rent shall be payable for the additional area in the amount determined by multiplying So long as (i) no Event of Default (as defined in the rentable area of the expansion area by Lease) has occurred and is continuing, and (ii) no event for which Landlord has provided notice (to the extent notice is required under the Lease) and/or which following the expiration of the applicable cure period could become an Event of Default under the Lease has occurred and is continuing, Landlord agrees to provide Tenant an allowance equal to Four Hundred Sixty-Four Thousand Seven Hundred Sixty and No/100 Dollars ($464,760.00) (the Initial Improvement Allowance), which allowance is to be used solely for completion of the Initial Alterations and satisfaction of any architectural and design fees and the Construction Management Fee. If the cost of the Initial Alterations exceeds the amount determined by subtracting from Tenant's Base Rent payable for of the initially demised Premises Initial Improvement Allowance, such additional amount shall reduce the unamortized difference between amount of the 2012 Allowance Portion of the Future Improvement Allowance. Any work (ylabor or materials) $30.00 per rentable square foot and (z) outside the scope of the Initial Plans or the cost per rentable square foot of which exceeds the aggregate of the tenant improvements (below Initial Improvement Allowance and the finished ceiling) installed by or for the previous tenant or occupant 2012 Allowance Portion of the expansion areaFuture Improvement Allowance shall be at Tenants sole cost and expense. Tenant's Rent Tenant acknowledges and agrees that Landlord has conditioned its agreement to fund the Initial Improvement Allowance on the expansion area shall commence the earlier of (i) the date of occupancypayment thereof on or before June 30, or (ii) sixty (60) days after the Premises are delivered to Tenant for commencement of its work2012. Provided Landlord will provide Tenant with the "open book" cost figures for said prior tenant improvements. The initial improvements for said Expansion Area shall be submitted to Tenant for its review has acted timely and comment and reasonably, if Landlord and Tenant agree have not agreed upon the Initial Plans on or before January 1, 2012, Landlord will have no further obligation to work together in good faith to construct a lay-out complete the Initial Alterations, and select finishes which will be compatible with the Premises, provided, said space must be useable for the purposes intended by Landlord for a marketing office. Said amortization Initial Improvement Allowance shall be determined on deemed forfeited by Tenant. Further, any portion of the basis Initial Improvement Allowance remaining upon completion of a five (5) year lease termthe Initial Alterations shall be deemed forfeited by Tenant.

Additional Space. Section 21.1 Prior to the third (3rd) anniversary of this Lease (unless Tenant properly exercises its option to renew hereunder in which event prior to the sixth (6th) anniversary date of this Lease), Tenant shall be entitled to have Landlord agrees construct one (1) addition to the demised premises so long as Tenant shall not have been in monetary default of this Lease (beyond applicable grace periods) or in material non-monetary default (beyond applicable grace periods) of this Lease. In the event, that all office Tenant shall request in writing that Tenant is desirous of Landlord building an addition (the additional space to be ten thousand (10,000) square feet of contiguous space) on the eighth floor plan attached hereto, Landlord shall immediately commence to obtain approvals to do so, so long as: (1) Landlord and Tenant can agree upon the rental for said addition. Landlord and Tenant hereby agree that they shall both act reasonably and with due diligence in attempting to arrive at an agreement. The parties agree that if the parties failure to agree to the contrary within thirty (30) days of the Building date of Tenant's exercise of its option, rental for the additional space shall be the sum of Ten 30 ($10.00) Dollars per square foot per year increased during the Initial Term or Option Period based upon the CPI increase as is provided herein for the Option Period from the date hereof to the date Tenant takes occupancy of said additional space and increase every thirty (30) months thereafter in the Initial Term and Option Period as is provided for in the Option Period of this Lease; and (2) Landlord's obligation hereunder shall be subject to obtaining all necessary governmental approvals for the provisions on this Article 21. 1construction of said addition. Landlord agrees that without shall diligently pursue said approvals and diligently commence the written consent of Tenant it will not initially lease any office space that is less than 3,000 rentable square feet on the eighth floor of the Building for a term that terminates after August 1, 2001 (including all options to renew or extend the term construction of said lease) or in addition upon the alternative, allows Landlord to relocate receipt of said Premisesapprovals. The term "initially lease" refers to parties acknowledge that the first lease additional space shall be constituted of substantially the same quality and character as Tenant's existing office space, including finishes originally provided by Landlord under this Lease. Upon completion of said space to a tenant. Section 21.2 Prior to the end of the twenty-sixth (26th) full month of the Term, Tenant shall notify Landlord in writing of its desire to expand the Premises. Landlord shall, within ten (10) business days notify Tenant of the exact rentable area between 1050 and 1800 rentable square feet adjacent to the Premises into which Tenant shall have the right to expand. In the event Tenant accepts said designated expansion area for additional space in the Facilityimprovements, Landlord shall provide such space no later than six (6) months after receipt construct a parking area for the total number of said notice cars required by law. Landlord hereby warrants that, as of acceptance from Tenant. Tenant's acceptance notice shall be delivered within ten (10) days of receipt of Landlord's designation of the expansion space. In the event Tenant so notifies Landlordthis date, Landlord shall deliver to Tenant an amendment has no knowledge of this Lease adding such additional space any reason why the demised premises cannot be expanded to the Premises demised hereunder, on said effective date. Additional initial annual Base Rent shall be payable for the additional area in the amount determined by multiplying (i) the rentable area of the expansion area by (ii) the amount determined by subtracting from Tenant's Base Rent payable for the initially demised Premises the unamortized difference between (y) $30.00 per rentable square foot and (z) the cost per rentable square foot of the tenant improvements (below the finished ceiling) installed by or for the previous tenant or occupant of the expansion area. Tenant's Rent on the expansion area shall commence the earlier of (i) the date of occupancy, or (ii) sixty (60) days after the Premises are delivered to Tenant for commencement of its work. Landlord will provide Tenant with the "open book" cost figures for said prior tenant improvements. The initial improvements for said Expansion Area shall be submitted to Tenant for its review and comment and Landlord and Tenant agree to work together in good faith to construct a lay-out and select finishes which will be compatible with the Premises, provided, said space must be useable for the purposes intended by Landlord for a marketing office. Said amortization shall be determined on the basis of a five (5) year lease termmaximum permissible size under existing zoning ordinances.

Additional Space. Section 21.1 The “Additional Commencement Date,” as used herein, is the date that Landlord delivers possession of the Additional Space (defined below) to Tenant, estimated to be November 1, 2002 (“Scheduled Additional Space Commencement Date”). Effective as of the Additional Space Commencement Date, the Leased Premises shall be expanded to include the “Additional Space.” The “Additional Space” consists of a portion of additional space in the Building, located on the fifth floor totaling approximately 5,741 rentable square feet, as approximately depicted on Exhibit A attached hereto. Accordingly, as of the Additional Space Commencement Date, the Leased Premises shall consist of the Original Premises, plus the Additional Space, having a total Premises rentable area of approximately 51,260 rentable square feet. The Additional Space shall be a part of the Premises for all purposes of the Lease, except as specifically provided herein to the contrary. (a) Landlord shall tender possession of the Additional Space with all the work, if any, to be performed by Landlord pursuant to this Amendment substantially completed. Tenant shall deliver a punch list of items not completed within 30 days after Landlord tenders possession of the Additional Space and Landlord agrees to proceed with due diligence to perform its obligations regarding such items. Landlord and Tenant shall execute a memorandum setting forth the actual Additional Space Commencement Date. (b) Tenant agrees that all office space in the event of the inability of Landlord to deliver possession of the Additional Space on the eighth floor Scheduled Additional Space Commencement Date, Landlord shall not be liable for any damage resulting from such inability, but Tenant shall not be liable for any rent until the time when Landlord can, after notice to Tenant, deliver possession of the Building Additional Space to Tenant. No such failure to give possession on the Scheduled Additional Space Commencement Date shall affect the other obligations of Tenant under the Lease, except that if Landlord is unable to deliver possession of the Additional Space within one hundred twenty (120) days of the Scheduled Additional Space Commencement Date (other than as a result of strikes, shortages of materials or similar matters beyond the reasonable control of Landlord and Tenant is notified by Landlord in writing as to such delay), Tenant shall have the option to terminate this Amendment unless said delay is as a result of: (a) Tenant’s failure to agree to plans and specifications; (b) Tenant’s request for materials, finishes or installations other than Landlord’s standard except those, if any, that Landlord shall have expressly agreed to furnish without extension of time agreed by Landlord; (c) Tenant’s change in any plans or specifications; or, (d) performance or completion by a party employed by Tenant. If any delay is the result of any of the foregoing, the Additional Space Commencement Date and the payment of rent for the Additional Space under this Amendment shall be accelerated by the number of days of such delay. If this Amendment is terminated pursuant to this subparagraph, the Lease shall remain in full force and effect, but without reference to this Amendment which shall be null and void. (c) In the event Landlord shall permit Tenant to occupy the Additional Space prior to the Additional Space Commencement Date, such occupancy shall be subject to all the provisions on this Article 21. 1. Landlord agrees that without the written consent of Tenant it will not initially lease any office space that is less than 3,000 rentable square feet on the eighth floor of the Building for a term that terminates after August 1, 2001 (including all options to renew or extend Lease. Said early possession shall not advance the term of said lease) or in the alternative, allows Landlord to relocate said Premises. The term "initially lease" refers to the first lease of said space to a tenant. Section 21.2 Prior to the end expiration of the twenty-sixth (26th) full month of the Term, Tenant shall notify Landlord in writing of its desire to expand the Premises. Landlord shall, within ten (10) business days notify Tenant of the exact rentable area between 1050 and 1800 rentable square feet adjacent to the Premises into which Tenant shall have the right to expand. In the event Tenant accepts said designated expansion area for additional space in the Facility, Landlord shall provide such space no later than six (6) months after receipt of said notice of acceptance from Tenant. Tenant's acceptance notice shall be delivered within ten (10) days of receipt of Landlord's designation of the expansion space. In the event Tenant so notifies Landlord, Landlord shall deliver to Tenant an amendment of this Lease adding such additional space to the Premises demised hereunder, on said effective date. Additional initial annual Base Rent shall be payable for the additional area in the amount determined by multiplying (i) the rentable area of the expansion area by (ii) the amount determined by subtracting from Tenant's Base Rent payable for the initially demised Premises the unamortized difference between (y) $30.00 per rentable square foot and (z) the cost per rentable square foot of the tenant improvements (below the finished ceiling) installed by or for the previous tenant or occupant of the expansion area. Tenant's Rent on the expansion area shall commence the earlier of (i) the date of occupancy, or (ii) sixty (60) days after the Premises are delivered to Tenant for commencement of its work. Landlord will provide Tenant with the "open book" cost figures for said prior tenant improvements. The initial improvements for said Expansion Area shall be submitted to Tenant for its review and comment and Landlord and Tenant agree to work together in good faith to construct a lay-out and select finishes which will be compatible with the Premises, provided, said space must be useable for the purposes intended by Landlord for a marketing office. Said amortization shall be determined on the basis of a five (5) year lease term.