Common use of Construction In First Offer Space Clause in Contracts

Construction In First Offer Space. If Tenant leases any First Offer Space pursuant to the terms of this Section 1.6, Landlord shall deliver such First Offer Space to Tenant clean of debris (and with any Hazardous Materials spills therein, cleaned-up) and free and clear of all prior tenants and their personal property, and otherwise in the condition described in Section 1.2 above. Except as set forth in Section 1.2 above, Landlord shall not be obligated to provide or pay for any improvements, remodeling or refurbishment work or services related to the improvement, remodeling or refurbishment of the First Offer Space, and the Refurbishment Allowance set forth in Section 8.4 of this Lease shall not apply to any First Offer Space leased by Tenant hereunder; provided, however: (i) in the event the First Offer Space Rent for such First Offer Space shall be as set forth in Section 1.6.4.1 above, Landlord shall provide Tenant a refurbishment allowance for the First Offer Space leased by Tenant in the amount equal to the product of $15.00 per rentable square feet of such First Offer Space multiplied by a fraction, the numerator of which is equal to the number of months from the First Offer Space Commencement Date through the end of the initial Lease Term (as may be extended through the Special Extension Date pursuant to clause (B) of Section 1.6.6 below if the First Offer Space Commencement Date for such First Offer Space occurs during the last thirty-six (36) months of the initial Lease Term as set forth therein), and the denominator of which is equal to sixty-four (64); and (ii) in the event the First Offer Space Rent for such First Offer Space shall be determined pursuant to Section 1.6.4.2 above, Landlord shall provide Tenant a refurbishment allowance for the First Offer Space leased by Tenant in the amount, if any, as determined as part of the Terms set forth in the First Offer Notice if Tenant elects the option in Section 1.6.3.1 above, at the Fair Market Rental Rate for such First Offer Space if Tenant elects the option in Section 1.6.3.2 above, or upon Tenant's Proposed Terms if Tenant elects the option in Section 1.6.3.3 above and Landlord elects the option in clause (i) of Section 1.6.

Construction In First Offer Space. If Tenant leases any shall accept the subject First Offer Space pursuant to in its then-existing “as is” condition, and the construction of improvements in the subject First Offer Space shall comply with the terms of this Section 1.6the Work Letter. Notwithstanding the foregoing, Landlord shall deliver such in the event that the applicable First Offer Space with respect to which Tenant clean of debris exercises the Offer Right pursuant to this Section 1.3 is the entire thirteenth (and with any Hazardous Materials spills therein, cleaned-up13th) and free and clear of all prior tenants and their personal property, and otherwise in the condition described in Section 1.2 above. Except as set forth in Section 1.2 above, Landlord shall not be obligated to provide or pay for any improvements, remodeling or refurbishment work or services related to the improvement, remodeling or refurbishment floor of the Building, then at Tenant’s election provided that Tenant is leasing and Occupying (as defined below) the entire fourteenth (14th) floor of the Premises as of the date Tenant exercises its Offer Right as to such First Offer Space, and the Refurbishment Allowance set forth then, upon Tenant’s request (which shall be expressly made, if at all, in Section 8.4 of this Lease shall not apply to any Tenant’s First Offer Space leased by Tenant hereunder; provided, however: (i) in the event the First Offer Space Rent for such First Offer Space shall be as set forth in Section 1.6.4.1 aboveExercise Notice), Landlord shall provide remove the existing sheetrock that currently encases the internal stairwell (the “ROFO Internal Stairwell”) between the thirteenth (13th) and fourteenth (14th) floors of the Building, at its cost (it being agreed that if Tenant a refurbishment allowance for fails to request that Landlord remove the sheetrock that currently encases the ROFO Internal Stairwell in its First Offer Space leased by Tenant in the amount equal Exercise Notice, Landlord shall have no obligation remove such sheetrock), prior to the product of $15.00 per rentable square feet delivering possession of such First Offer Space multiplied by a fractionlocated on the thirteenth (13th) floor to Tenant, and the numerator square footage of such stairwell area (which is equal to 137 rentable square feet) shall be included in the number Premises as of months from the First Offer Space Commencement Date through the end of the initial Lease Term (as may be extended through the Special Extension Date pursuant to clause (B) of Section 1.6.6 below if the First Offer Space Commencement Date for such First Offer Space occurs during (unless the last thirty-six (36) months square footage of such stairwell area was previously included in the Premises in connection with Tenant’s performance of the initial Lease Term Phase II Premises Improvements, as set forth therein)defined in the Work Letter, and pursuant to the denominator of which is equal to sixty-four (64Work Letter); and (ii) provided, however, that Tenant, not Landlord, shall be responsible for complying with all applicable Laws relating to the use of and/or any alterations or other such requirements with respect to the ROFO Internal Stairwell. Tenant shall reasonably cooperate with Landlord in the event performance of such work in the First Offer Space Rent for Premises in a timely manner and otherwise in accordance with the applicable amendment to this Lease pertaining to such First Offer Space Space. Notwithstanding anything to the contrary contained in this Lease, Tenant shall be determined pursuant have no obligation to Section 1.6.4.2 above, Landlord shall provide Tenant a refurbishment allowance for remove the First Offer Space leased by Tenant in ROFO Internal Stairwell or restore the amount, if any, as determined as part existing sheetrock that currently encases the ROFO Internal Stairwell upon the expiration or sooner termination of the Terms set forth in the First Offer Notice if Tenant elects the option in Section 1.6.3.1 above, at the Fair Market Rental Rate for such First Offer Space if Tenant elects the option in Section 1.6.3.2 above, or upon Tenant's Proposed Terms if Tenant elects the option in Section 1.6.3.3 above and Landlord elects the option in clause (i) of Section 1.6this Lease.

Construction In First Offer Space. If Tenant leases timely elects to lease any First Offer Space pursuant to the terms of this Section 1.61.5, Landlord shall deliver such First Offer Space to shall be leased by Tenant clean in its "AS IS" condition as of debris (the date Tenant delivers Tenant's Election Notice and with any Hazardous Materials spills therein, cleaned-up) and free and clear of all prior tenants and their personal property, and otherwise in the condition described in Section 1.2 above. Except as set forth in Section 1.2 above, Landlord shall not be obligated to provide or pay for any improvements, remodeling or refurbishment work or services related to the improvement, remodeling or refurbishment of the First Offer SpaceSpace Commencement Date, and Landlord shall construct the Refurbishment Allowance set forth in Section 8.4 of initial tenant improvements for the First Offer Space pursuant to a tenant work letter to be attached as an exhibit to the First Offer Amendment (the "First Offer Work Letter"), which First Offer Work Letter shall be substantially the same as the Tenant Work Letter attached to this Lease shall not apply as Exhibit D, except (i) the tenant improvement allowance to any be provided by Landlord for the First Offer Space leased by Tenant hereunder; providedshall be determined as provided hereinbelow, however: and (iii) the time deadlines for submittal and approval of plans and specifications and other actions required to be performed by Landlord and Tenant shall be revised pursuant to a schedule mutually approved by the parties and set forth in the event the First Offer Space Rent for such First Offer Space shall be as set forth in Section 1.6.4.1 aboveWork Letter. In the event that Tenant delivers Tenant's Election Notice to Landlord prior to July 1, 2002, Landlord shall provide Tenant a refurbishment tenant improvement allowance for the First Offer Space leased by Tenant in the amount equal to of up to, but not exceeding, the product of $15.00 per rentable 36.00 multiplied by the square feet of such First Offer Space multiplied by a fraction, the numerator of which is equal to the number of months from Rentable Area contained in the First Offer Space Commencement Date through the end of the initial Lease Term (as may be extended through the Special Extension Date pursuant to clause (B) of Section 1.6.6 below if the First Offer Space Commencement Date for such First Offer Space occurs during the last thirty-six (36) months of the initial Lease Term as set forth therein), and the denominator of which is equal to sixty-four (64); and (ii) in Space. In the event that Tenant delivers Tenant's Election Notice to Landlord after June 30, 2002, the First Offer Space Rent for such First Offer Space shall tenant improvement allowance to be determined pursuant to Section 1.6.4.2 aboveprovided by Landlord, Landlord shall provide Tenant a refurbishment allowance if at all, for the First Offer Space leased by Tenant in the amount, if any, as shall be determined as part of the Terms Fair Market Rental Rate payable therefor as set forth in Section 1.5.3.2 above. In addition to such tenant improvement allowance, if at the time Tenant delivers Tenant's Election Notice, Tenant has previously properly exercised Tenant's Expansion Option to lease the Expansion Space pursuant to Section 1.4 above, Tenant shall also have the option, exercisable by written notice delivered to Landlord concurrently with Tenant's Election Notice, to receive an allowance from Landlord (the "First Offer Moving/FF&E Allowance") in the amount of $170,000.00, to help reimburse Tenant for the costs incurred by Tenant in moving to the First Offer Space and acquiring and installing furniture, fixtures, equipment and other personal property in the First Offer Notice if Tenant elects Space on or before the option in Section 1.6.3.1 above, at first (1st) anniversary of the Fair Market Rental Rate for such First Offer Space if Commencement Date. The amount of the First Offer Moving/FF&E Allowance actually provided by Landlord to Tenant elects shall be amortized on a monthly basis over the option first sixty (60) months of the First Offer Term (as defined in Section 1.6.3.2 above1.5.5 below) together with interest at an interest rate of eleven percent (11%) per annum. As consideration for Landlord providing the First Offer Moving/FF&E Allowance to Tenant, such monthly amortized amount of the First Offer Moving/FF&E Allowance (the "First Offer Improvement Rent") shall be paid by Tenant to Landlord as additional Rent, on the first (1st) day of each month during the first sixty (60) months of the First Offer Term. In the event this Lease, as amended by the First Offer Amendment, shall terminate for any reason, including without limitation as a result of a default by Tenant under the terms of this Lease, as amended by the First Offer Amendment, Tenant acknowledges and agrees that the unamortized balance of the First Offer Moving/FF&E Allowance which has not been paid by Tenant to Landlord as of the termination date shall become immediately due and payable as unpaid Rent which has been earned as of such termination date. In addition, in no event shall the First Offer Improvement Rent be abated for any reason whatsoever, including without limitation, pursuant to Sections 1.5.3 or upon Tenant's Proposed Terms if Tenant elects the option in Section 1.6.3.3 above and Landlord elects the option in clause (i) of Section 1.63.1 or Articles 12 or 18 below.

Construction In First Offer Space. If Tenant leases any First Offer Space pursuant to the terms of this Section 1.6, Landlord 1.4: (i) Tenant shall deliver take such First Offer Space in its “AS IS” condition as of the date of delivery of such space by Landlord to Tenant clean (except that Landlord shall deliver to Tenant the Base, Shell and Core of debris (such First Offer Space and with any Hazardous Materials spills therein, cleaned-up) and free and clear of all prior tenants and their personal property, and otherwise the floor upon which such First Offer Space is located in the condition described in Section 1.2 above. Except as therefor set forth in Section 1.2 abovethe Tenant Work Letter, as shall be modified if the First Offer Space is less than a full floor to include finished common elevator lobby and corridor for the floor upon which such First Offer Space is located and demising walls separating such First Offer Space from the remaining space on such floor, and as further modified if the First Offer Space is located in Building G to include only standard Building G Base, Shell and Core items then applicable for such First Offer Space and the floor upon which such First Offer Space is located); (ii) the construction of improvements in such First Offer Space shall be Tenant’s sole responsibility, with any such construction to comply with the terms of Article 8 of this Lease (and not the provisions of the Tenant Work Letter, which shall not be applicable to such First Offer Space, except for Landlord’s obligations set forth in clause (i) hereinabove pertaining to the Base, Shell and Core, if applicable); and (iii) except for Landlord’s obligations set forth in clause (i) hereinabove pertaining to the Base, Shell and Core, Landlord shall not be obligated to provide or pay for any improvements, remodeling or refurbishment work or services related to the improvement, remodeling or refurbishment of the First Offer Space, and the Refurbishment Allowance set forth in Section 8.4 of this Lease shall not apply to any First Offer Space leased by Tenant hereunder; provided, however: (i) in the event the First Offer Space Rent for such First Offer Space shall be as set forth in Section 1.6.4.1 above, Landlord shall provide Tenant a refurbishment allowance for the First Offer Space leased by Tenant in the amount equal to the product of $15.00 per rentable square feet of such First Offer Space multiplied by a fraction, the numerator of which is equal to the number of months from the First Offer Space Commencement Date through the end of the initial Lease Term (as may be extended through the Special Extension Date pursuant to clause (B) of Section 1.6.6 below if the First Offer Space Commencement Date for such First Offer Space occurs during the last thirty-six (36) months of the initial Lease Term as set forth therein), and the denominator of which is equal to sixty-four (64); and (ii) in the event the First Offer Space Rent for such First Offer Space shall be determined pursuant to Section 1.6.4.2 above, Landlord shall provide Tenant a refurbishment tenant improvement allowance for the First Offer Space leased by Tenant in the amount, if any, as determined as part of the Terms set forth in the First Offer Notice if Tenant elects the option in Section 1.6.3.1 above, at the Fair Market Rental Rate for such First Offer Space if Tenant elects the option as described in Section 1.6.3.2 1.4.3 above, or upon Tenant's Proposed Terms if Tenant elects the option in Section 1.6.3.3 above and Landlord elects the option in clause (i) of Section 1.6.