Common use of Current Premises Clause in Contracts

Current Premises. Subject to the terms hereof, effective as of the Current Premises Expiration Date (defined below), the term of the Lease shall expire with respect to the Current Premises (and the Roof Space) and Concourse II with the same force and effect as if such term were, by the provisions of the Lease, fixed to expire with respect to the Current Premises (and the Roof Space) and Concourse II on the Current Premises Expiration Date. As used herein, “Current Premises Expiration Date” means the later to occur of (a) September 30, 2018 and (b) date occurring 15 days after the date the Tenant Improvement Work (defined in Exhibit B hereto) is Substantially Complete (defined in Exhibit B hereto). The parties anticipate that the Tenant Improvement Work will be Substantially Completed on or about October 10, 2018 (the “Target Substitution Effective Date”). Without limiting the foregoing: (a) the portion of the Base Rent schedule set forth in the Lease (as modified below) that applies to the Current Premises during the period following the Current Premises Expiration Date is hereby deleted from the Lease, (b) Tenant shall surrender the Current Premises (and the Roof Space) to Landlord in accordance with the terms of the Lease on or before the Current Premises Expiration Date, (c) Tenant shall remain liable for all Rent and other amounts payable under the Lease (as modified pursuant to the terms hereof) with respect to the Current Premises (and the Roof Space) for the period up to and including the Current Premises Expiration Date, even though xxxxxxxx for such amounts may occur after the Current Premises Expiration Date (provided, however, that such Rent for any partial calendar month shall be prorated based on the actual number of days in such month), (d) Tenant’s restoration obligations with respect to the Current Premises (and the Roof Space) shall be as set forth in the Lease, (e) if Tenant fails to surrender any portion of the Current Premises (and/or the Roof Space) on or before the Current Premises Expiration Date, Tenant’s tenancy with respect thereto shall be subject to Section 22 of the Lease and (f) any other rights or obligations of Landlord or Tenant under the Lease relating to the Current Premises (and the Roof Space) that, in the absence of the Substitution, would have survived the expiration date of the Lease shall survive the Current Premises Expiration Date. During the period beginning on the Substitution Effective Date and ending on the Current Premises Expiration Date, all provisions of the Lease shall continue to apply to the Current Premises and Concourse II as if the Current Premises were still part of the Premises (together with the Substitution Space); provided, however, that during such period Tenant shall not be required to pay (with respect to the Current Premises) monthly Base Rent or Tenant’s Pro Rata Share of Expenses and Taxes (except only for purposes of determining Tenant’s obligations under Section 1.2(e) above). At any time after the Current Premises Expiration Date, Landlord may deliver to Tenant a notice substantially in the form of Exhibit C attached hereto, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by written notice to Landlord, reasonably object to) such notice within five (5) business days after receiving it

Current Premises. Subject to the terms hereof, effective as of the Current Premises Expiration Date (defined below), the term of the Lease shall expire with respect to the Current Premises (and the Roof Space) and Concourse II with the same force and effect as if such term were, by the provisions of the Lease, fixed to expire with respect to the Current Premises (and the Roof Space) and Concourse II on the Current Premises Expiration Date. As used herein, “Current Premises Expiration Date” means the later to occur of (a) September 30, 2018 and (b) date occurring 15 days after the date the Tenant Improvement Work (defined in Exhibit B hereto) is Substantially Complete (defined in Exhibit B hereto). The parties anticipate that the Tenant Improvement Work will be Substantially Completed on or about October 10, 2018 (the “Target Substitution Effective Date”). Without limiting the foregoing: (a) the portion of the Base Rent schedule set forth in the Lease (as modified below) that applies to the Current Premises during the period following the Current Premises Expiration Date is hereby deleted from the Lease, (b) Tenant shall surrender the Current Premises (and the Roof Space) to Landlord in the condition required pursuant to this Section 2 no later than 11:59 p.m. on the date which is fourteen (14) days following the New Premises Commencement Date (the “Surrender Date”). If Tenant surrenders the Current Premises by the Surrender Date, Xxxxxx’s obligation to pay Rent and other charges for the Current Premises shall cease as of the New Premises Commencement Date, otherwise Tenant shall continue to pay Rent for the Current Premises until Tenant actually surrenders the Current Premises in accordance with the terms of the Lease on or before Amended Lease. Xxxxxx agrees to surrender possession of the Current Premises Expiration to Landlord on the Surrender Date, (c) Tenant shall remain liable for all Rent broom clean and other amounts payable under in good order, condition and repair, ordinary wear and tear excepted, and otherwise in compliance with the terms of the Amended Lease regarding surrender as if the Lease (had ​ expired as modified pursuant to the terms hereof) with respect to the Current Premises (Premises. Upon such surrender, all ​ rights of Tenant to possession and the Roof Space) for the period up to and including occupancy of the Current Premises Expiration Date, even though xxxxxxxx for such amounts may occur after the Current Premises Expiration Date (provided, however, that such Rent for any partial calendar month shall be prorated based on the actual number of days in such month), (d) and Tenant’s restoration obligations with respect to the Current Premises (and will terminate except as to Tenant’s surviving obligations under the Roof Space) shall be as set forth in the Amended Lease, (e) and all of Tenant’s rights and obligations under the Amended Lease shall relate solely to the New Premises; provided, however, if Tenant fails to surrender any portion the Current Premises on or before the Surrender Date, Tenant shall be deemed in holdover of the Current Premises (and/or the Roof Space) on or before the Current Premises Expiration Date, Tenant’s tenancy with respect thereto shall be subject to Section 22 of the Lease and (f) any other rights or obligations of Landlord or Tenant under the Lease relating to the Current Premises (and the Roof Space) that, holdover provisions in the absence of the SubstitutionLease, would have survived the expiration date of the Lease shall survive the Current Premises Expiration Date. During the period beginning on the Substitution Effective Date and ending on the Current Premises Expiration Date, all provisions of the Lease shall continue to apply to the Current Premises and Concourse II as if the Current Premises were still part of the Premises (together with the Substitution Space); provided, however, that during such period Tenant holding over shall not be required operate to pay (release Tenant from its obligations with respect to the Current New Premises) monthly Base Rent or Tenant’s Pro Rata Share of Expenses and Taxes (except only for purposes of determining Tenant’s obligations under Section 1.2(e) above). At any time after the Current Premises Expiration Date, Landlord may deliver to Tenant a notice substantially in the form of Exhibit C attached hereto, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by written notice to Landlord, reasonably object to) such notice within five (5) business days after receiving it.

Current Premises. Subject to the terms hereofUpon mutual execution of this Lease, effective as both Landlord and Tenant acknowledge that Landlord has delivered possession of the Current Premises Expiration Date (defined below)and that Tenant currently occupies the Current Premises. If in the exercise of its Current Premises Construction Election Tenant elects to have Landlord construct the Tenant Improvements in the Current Premises, then concurrently with the term exercise of its Current Premises Construction Election, Tenant will deliver to Landlord its plans, including proposed construction drawings, for construction of the Lease shall expire with respect to Tenant Improvements in the Current Premises (“Tenant’s Current Premises Plans”), and the Roof Space) and Concourse II with the same force and effect as if in such term were, by the provisions Tenant’s Current Premises Plans will state its desired date for completion of the Lease, fixed to expire with respect to Tenant Improvements in the Current Premises (and the Roof Space) and Concourse II on the “Desired Current Premises Expiration Date. As used herein, “Current Premises Expiration Date” means the later to occur of (a) September 30, 2018 and (b) date occurring 15 days after the date the Tenant Improvement Work (defined in Exhibit B hereto) is Substantially Complete (defined in Exhibit B hereto). The parties anticipate that the Tenant Improvement Work will be Substantially Completed on or about October 10, 2018 (the “Target Substitution Effective Completion Date”). Without limiting the foregoing: Within fifteen (a15) the portion days after receipt of Tenant’s Current Premises Plans, Landlord will notify Tenant in writing of its estimated construction timeline with respect to Tenant’s Current Premises Plans (“Landlord’s Current Premises Construction Estimate”). If Landlord’s Current Premises Construction Estimate indicates that Landlord will be unable to complete construction of the Base Rent schedule Tenant Improvements in the Current Premises by the Desired Current Premises Completion Date, then Tenant will have a second opportunity to exercise its Current Premises Construction Election and elect to manage construction of any Tenant Improvements within the Current Premises. Alternatively, the parties agree to mutually cooperate to revise the scope of the Tenant Improvements set out in Tenant’s Current Premises Plans so as to achieve the Desired Current Premises Completion Date. If Tenant elects to have Landlord construct the Tenant Improvements in the Current Premises, then the mutually-agreed upon date for substantial completion of the Tenant Improvements in the Current Premises, whether or not such date is prior to or after the Desired Current Premises Completion Date, shall be reflected in the final Landlord’s Current Premises Construction Estimate and is referred to herein as the “Estimated Current Premises Completion Date” and the actual date of substantial completion of the Tenant Improvements in the Current Premises by Landlord, whether occurring prior to or after the Estimated Current Premises Completion Date is referred to herein as the “Current Premises Completion Date.” If in the exercise of its Current Premises Construction Election Tenant elects that Landlord will manage the Tenant Improvements in the Current Premises, then Landlord shall complete the Tenant Improvements in the Current Premises upon and subject to the terms and conditions set forth in the Lease (as modified below) that applies Landlord-Managed Work Letter, and shall use commercially reasonable efforts to complete the Tenant Improvements in the Current Premises during prior to the period following Estimated Current Premises Completion Date. If the Current Premises Expiration Completion Date is hereby deleted from has not occurred by the LeaseEstimated Current Premises Completion Date, subject to Force Majeure Delays and Tenant Delays (b) as defined in the Landlord-Managed Construction Work Letter), then such failure shall not affect the Commencement Date hereunder, but Tenant shall surrender be entitled to the additional remedies set forth below. If, however, in the exercise of its Current Premises Construction Election Tenant elects to manage the Tenant Improvements in the Current Premises, then Tenant shall construct such Tenant Improvements in the Current Premises (upon and the Roof Space) to Landlord in accordance with the terms of the Lease on or before the Current Premises Expiration Date, (c) Tenant shall remain liable for all Rent and other amounts payable under the Lease (as modified pursuant subject to the terms hereof) with respect to the Current Premises (and the Roof Space) for the period up to and including the Current Premises Expiration Date, even though xxxxxxxx for such amounts may occur after the Current Premises Expiration Date (provided, however, that such Rent for any partial calendar month shall be prorated based on the actual number of days in such month), (d) Tenant’s restoration obligations with respect to the Current Premises (and the Roof Space) shall be as set forth conditions contained in the Lease, (e) if Tenant fails to surrender any portion of the Current Premises (and/or the Roof Space) on or before the Current Premises Expiration Date, Tenant’s tenancy with respect thereto shall be subject to Section 22 of the Lease -Managed Work Letter and (f) any other rights or obligations of Landlord or Tenant under the Lease relating to the Current Premises (and the Roof Space) that, in the absence of the Substitution, would have survived the expiration date of the Lease shall survive the Current Premises Expiration Date. During the period beginning on the Substitution Effective Date and ending on the Current Premises Expiration Date, all provisions of the Lease shall continue to apply to the Current Premises and Concourse II as if the Current Premises were still part of the Premises (together with the Substitution Space); provided, however, that during such period Tenant shall not be required to pay (with respect entitled to the Current Premises) monthly Base Rent or Tenant’s Pro Rata Share of Expenses and Taxes (except only for purposes of determining Tenant’s obligations under Section 1.2(e) above). At any time after the Current Premises Expiration Date, Landlord may deliver to Tenant a notice substantially in the form of Exhibit C attached hereto, as a confirmation of the information additional remedies set forth therein. Tenant in subparagraph (b) below, but shall execute and return (or, by written notice still be entitled to Landlord, reasonably object to) such notice within five (5) business days after receiving itthe benefit of any other provisions of this Lease.

Current Premises. Subject Tenant shall have the right to the terms hereof, effective as of continue to occupy the Current Premises Expiration Date (defined below), in accordance with the term terms and conditions of the Lease until no later than 12:00 midnight on the date which is five (5) days after the New Premises Commencement Date (as defined in Section 3 below) (the “Surrender Date”); provided, however, if Tenant surrenders the Current Premises by the Surrender Date, Tenant’s obligation to pay Rent for the Current Premises accruing after the New Premises Commencement Date (as defined in Section 3 below) shall expire with respect cease, otherwise, if Tenant fails to surrender the Current Premises by the Surrender Date, Tenant shall be obligated to pay (a) the then current rent for the Current Premises for each day during the initial two (2) weeks of such holdover after the Surrender Date that Tenant continues to occupy the Current Premises (with any such rent prorated on the basis of a 30-day month); and (b) thereafter Tenant shall pay holdover rent for the Roof Space) and Concourse II with the same force and effect as if such term were, by the provisions Current Premises pursuant to Section 22 of the Lease, fixed Lease for each day that Tenant continues to expire with respect to occupy the Current Premises (and with any such rent prorated on the Roof Space) and Concourse II on basis of a 30-day month), until Tenant actually surrenders the Current Premises Expiration Date. As used herein, “Current Premises Expiration Date” means the later to occur of (a) September 30, 2018 and (b) date occurring 15 days after the date the Tenant Improvement Work (defined in Exhibit B hereto) is Substantially Complete (defined in Exhibit B hereto). The parties anticipate that the Tenant Improvement Work will be Substantially Completed on or about October 10, 2018 (the “Target Substitution Effective Date”). Without limiting the foregoing: (a) the portion of the Base Rent schedule set forth in the Lease (as modified below) that applies to the Current Premises during the period following the Current Premises Expiration Date is hereby deleted from the Lease, (b) Tenant shall surrender the Current Premises (and the Roof Space) to Landlord in accordance with the terms of the Lease Amended Lease. Tenant agrees to surrender possession of the Current Premises to Landlord on or before the Current Premises Expiration Surrender Date, (c) Tenant shall remain liable for all Rent broom clean and other amounts payable under in good order, condition and repair, ordinary wear and tear excepted, and otherwise in compliance with the terms of Section 25 the Lease (regarding surrender as modified pursuant to if the terms hereof) with respect Term had expired as to the Current Premises (Premises. Upon such surrender, all rights of Tenant to possession and the Roof Space) for the period up to and including occupancy of the Current Premises Expiration Date, even though xxxxxxxx for such amounts may occur after the Current Premises Expiration Date (provided, however, that such Rent for any partial calendar month shall be prorated based on the actual number of days in such month), (d) and Tenant’s restoration obligations with respect to the Current Premises (and the Roof Space) shall be will terminate except as set forth in to Tenant’s surviving obligations under the Lease, (e) if and all of Tenant’s rights and obligations under the Amended Lease shall relate solely to the New Premises. Tenant fails shall be responsible for all costs and expenses related to surrender any portion of its relocation from the Current Premises (and/or the Roof Space) on or before the Current Premises Expiration Date, Tenant’s tenancy with respect thereto shall be subject to Section 22 of the Lease and (f) any other rights or obligations of Landlord or Tenant under the Lease relating to the Current Premises (New Premises, including, without limitation, all moving costs and the Roof Space) that, costs to install telephone and data cabling in the absence of the Substitution, would have survived the expiration date of the Lease shall survive the Current Premises Expiration DateNew Premises. During the period beginning on the Substitution Effective Date and ending on the Current Premises Expiration Date, all provisions of the Lease shall continue to apply to the Current Premises and Concourse II as if the Current Premises were still part of the Premises (together with the Substitution Space); provided, however, that during such period Tenant shall not be required to pay (with respect to have no restoration obligation(s) regarding the Current Premises) monthly Base Rent or Tenant’s Pro Rata Share of Expenses and Taxes (except only for purposes of determining Tenant’s obligations under Section 1.2(e) above). At any time after the Current Premises Expiration Date, Landlord may deliver to Tenant a notice substantially in the form of Exhibit C attached hereto, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by written notice to Landlord, reasonably object to) such notice within five (5) business days after receiving it.

Current Premises. Subject Tenant shall have the right to the terms hereof, effective as of continue to occupy the Current Premises Expiration Date (defined below), in accordance with the term terms and conditions of the Lease until no later than 12:00 midnight on the date which is five (5) business days after the New Premises Commencement Date (the “Surrender Date”); provided, however, if Tenant surrenders the Current Premises by the Surrender Date, Tenant’s obligation to pay Rent for the Current Premises accruing after the New Premises Commencement Date shall expire with respect cease, otherwise, if Tenant fails to surrender the Current Premises by the Surrender Date, Tenant shall be obligated to pay holdover rent for the Current Premises pursuant to Section 22 of the Original Lease as amended, for each day that Tenant continues to occupy the Current Premises (and with any such rent prorated on the Roof Space) and Concourse II with the same force and effect as if such term werebasis of a 30-day month), by the provisions of the Lease, fixed to expire with respect to until Tenant actually surrenders the Current Premises (and the Roof Space) and Concourse II on the Current Premises Expiration Date. As used herein, “Current Premises Expiration Date” means the later to occur of (a) September 30, 2018 and (b) date occurring 15 days after the date the Tenant Improvement Work (defined in Exhibit B hereto) is Substantially Complete (defined in Exhibit B hereto). The parties anticipate that the Tenant Improvement Work will be Substantially Completed on or about October 10, 2018 (the “Target Substitution Effective Date”). Without limiting the foregoing: (a) the portion of the Base Rent schedule set forth in the Lease (as modified below) that applies to the Current Premises during the period following the Current Premises Expiration Date is hereby deleted from the Lease, (b) Tenant shall surrender the Current Premises (and the Roof Space) to Landlord in accordance with the terms of the Lease Amended Lease. Tenant agrees to surrender possession of the Current Premises to Landlord on or before the Current Premises Expiration Surrender Date, (c) Tenant shall remain liable for all Rent broom clean and other amounts payable under in good order, condition and repair, ordinary wear and tear excepted, and otherwise in compliance with the terms of Section 25 the Original Lease (regarding surrender as modified pursuant if the Term had expired as to the terms hereof) with respect Current. Upon such surrender, all rights of Tenant to possession and occupancy of the Current Premises (and the Roof Space) for the period up to and including the Current Premises Expiration Date, even though xxxxxxxx for such amounts may occur after the Current Premises Expiration Date (provided, however, that such Rent for any partial calendar month shall be prorated based on the actual number of days in such month), (d) Tenant’s restoration obligations with respect to the Current Premises (and the Roof Space) shall be will terminate except as set forth in to Tenant’s surviving obligations under the Lease, and all of Tenant’s rights and obligations under the Amended Lease shall relate solely to the New Premises. Tenant shall be responsible for all costs and expenses related to its relocation from the Current Premises to the New Premises, including, without limitation, all moving costs and costs to install telephone and data cabling in the New Premises. Notwithstanding the foregoing, Tenant shall have no obligation to remove from the Current Premises the furniture, fixtures, and equipment described on Exhibit C attached hereto (e) the “Current Premises Remaining “FF&E”), and Tenant hereby conveys and transfers to Landlord as if Tenant fails by quitclaim or xxxx of sale, all of Tenant’s right, title and interest in and to surrender any portion the Current Premises Remaining FF&E, and Landlord hereby accepts and takes possession of the Current Premises (and/or the Roof Space) on Remaining FF&E in its “As-Is” condition, without representation or before the Current Premises Expiration Date, warranty by Tenant’s tenancy with respect thereto shall be subject to Section 22 of the Lease and (f) any other rights or obligations of Landlord or Tenant under the Lease relating to the Current Premises (and the Roof Space) that, in the absence of the Substitution, would have survived the expiration date of the Lease shall survive the Current Premises Expiration Date. During the period beginning on the Substitution Effective Date and ending on the Current Premises Expiration Date, all provisions of the Lease shall continue to apply to the Current Premises and Concourse II as if the Current Premises were still part of the Premises (together with the Substitution Space); provided, however, that during such period Tenant shall not be required to pay (with respect to the Current Premises) monthly Base Rent or Tenant’s Pro Rata Share of Expenses and Taxes (except only for purposes of determining Tenant’s obligations under Section 1.2(e) above). At any time after the Current Premises Expiration Date, Landlord may deliver to Tenant a notice substantially in the form of Exhibit C attached hereto, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by written notice to Landlord, reasonably object to) such notice within five (5) business days after receiving it.