Common use of Delivery of Expansion Premises Clause in Contracts

Delivery of Expansion Premises. Landlord shall use reasonable efforts to deliver (“Deliver” or “Delivering”) the Expansion Premises to Tenant on or before the date that is [***] months after the Effective Date, with the lease of the Expansion Premises commencing on the earlier to occur of the following (“Expansion Premises Commencement Date”): (a) the date that is [***] months after the Effective Date, provided that Landlord has Delivered the Expansion Premises by such date, and (b) Tenant’s beneficial occupancy of the Expansion Premises. Landlord shall Substantially Complete (as defined below) Landlord’s Expansion Premises Work (as defined below) before the Expansion Premises Commencement Date. If Landlord is delayed in Substantially Completing Landlord’s Expansion Premises Work before the Expansion Premises Commencement Date because of a Force Majeure Delay, the Base Term (as extended by the First Extension Term as provided below) and the Expansion Premises Commencement Date shall each be extended one day for each day until such Force Majeure Delay no longer exists. Landlord and Tenant shall execute and deliver a written acknowledgement of the Expansion Premises Commencement Date when it is established in the form attached hereto as Exhibit B (“Expansion Premises Commencement Date Acknowledgement”). Any extension of the Base Term and the Expansion Premises Commencement Date as provided above shall be reflected in the Expansion Premises Commencement Date Acknowledgement. Tenant’s failure to execute and deliver the Expansion Premises Commencement Date Acknowledgement shall not affect Landlord’s rights under this First Amendment. If Landlord fails to Deliver timely the Expansion Premises, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this First Amendment and the Lease with respect to the Expansion Premises shall not be void or voidable.

Delivery of Expansion Premises. Landlord confirms that the Expansion Premises are presently leased to Allied Security pursuant to a Lease terminating on March 31, 2007 and such lease does not contain any further right of renewal. Landlord will act to enforce all of Landlord’s rights to obtain possession of the Expansion Premises as soon as practicable. As described in Section 1 herein, the date of delivery of the Expansion Premises shall be referred to as the “”Expansion Premises Delivery Date”. Landlord shall deliver the Expansion Premises in broom clean condition and otherwise as-is; provided, however, (1) Landlord shall complete any Landlord Work items described in Exhibit C and (2) Landlord shall remain liable for any building code violations that are discovered as part of Landlord or Tenant’s Work but which ARE NOT created or cured by Tenant or Tenant’s Work as described in Tenant’s approved Tenant Work Plans as required by the Tenant Work Letter attached hereto. Tenant shall be responsible for remedying Premises building code violations caused by Tenant’s use reasonable efforts or Tenant’s Work, or which such violations would otherwise be remedied by completion of Tenant’s Work as described in Tenant’s Work plans. In the event Landlord is unable to deliver (“Deliver” or “Delivering”) lawful possession of the Expansion Premises by April 30, 2007, then Tenant shall be entitled to a rent credit at the rate of $5200 per month for May and June, 2007 and $10,400 per month for July, August, and September, 2007, prorated between April 30, 2007 and the date the Expansion Premises are delivered to Tenant. In the event Landlord is unable to deliver lawful possession of the Expansion Premises to Tenant on or before by September 30, 2007, Tenant has the date that is [***] right thereafter to terminate the Lease upon delivery of written notice. After delivery of Tenant’s termination notice, Tenant shall have up to six (6) months after to vacate the Effective DatePremises, with the lease during which time all of the Expansion Premises commencing on the earlier to occur of the following (“Expansion Premises Commencement Date”): (a) the date that is [***] months after the Effective Datemonthly Base Rent, provided that Landlord has Delivered the Expansion Premises by such dateAdditional Rent, and expense reimbursement provisions for the Initial Premises (b13,543 RSF) Tenant’s beneficial occupancy of the Expansion Premises. Landlord shall Substantially Complete (as defined below) Landlord’s Expansion Premises Work (as defined below) before the Expansion Premises Commencement Date. If Landlord is delayed in Substantially Completing Landlord’s Expansion Premises Work before the Expansion Premises Commencement Date because of a Force Majeure Delayapply, the Base Term (as extended by the First Extension Term as provided below) and the Expansion Premises Commencement Date shall each be extended one day for each day until such Force Majeure Delay no longer exists. Landlord and except Tenant shall execute be entitled to a credit , not to exceed the monthly Base Rent, for the actual and deliver a written acknowledgement reasonable costs of providing necessary auxiliary space for its operations during the Expansion Premises Commencement Date when it up to six month period during which Tenant is established in vacating the form attached hereto as Exhibit B (“Expansion Premises Commencement Date Acknowledgement”). Any extension of the Base Term and the Expansion Premises Commencement Date as provided above shall be reflected in the Expansion Premises Commencement Date Acknowledgement. Tenant’s failure to execute and deliver the Expansion Premises Commencement Date Acknowledgement shall not affect Landlord’s rights under this First Amendment. If Landlord fails to Deliver timely the Expansion Premises, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this First Amendment and the Lease with respect to the Expansion Premises shall not be void or voidable.

Delivery of Expansion Premises. Landlord shall use reasonable efforts to deliver (shall, at Landlord’s sole cost and expense, perform the Delivery Condition Work in accordance with Exhibit “DeliverB” attached hereto, using new or “Delivering”) like-new materials that meet the Expansion Premises to Tenant Building standard for materials, finishes and quantities, on or before the date that is [***] months after the Effective Date, with the lease of the Expansion Premises commencing on the earlier to occur of the following (“Expansion Premises Commencement Date”): (a) the date that is [***] months after the Effective Date, provided that Landlord has Delivered the Expansion Premises by such date, and (b) Tenant’s beneficial occupancy of the Expansion Premises. Landlord shall Substantially Complete (as defined below) Landlord’s Expansion Premises Work (as defined below) before the Expansion Premises Commencement Date. If Except for the Delivery Condition Work, Landlord is delayed in Substantially Completing Landlord’s shall deliver the Expansion Premises Work before to Tenant on the Expansion Premises Commencement Date because in its then “AS-IS,” “WHERE-IS” condition, without any additional obligation on the part of a Force Majeure DelayLandlord to perform any construction therein or to prepare the same for Tenant’s occupancy or otherwise; provided however, notwithstanding the foregoing, the Base Term Expansion Premises shall be delivered to Tenant in “broom clean” condition, free of all tenants and other occupants and free of all personal property and equipment, except for such existing furniture of PA Consulting (as extended by the First Extension Term as provided defined below) as Tenant has agreed to acquire from PA Consulting pursuant to a separate agreement between Tenant and PA Consulting (the “Existing Furniture”), provided that Tenant has delivered written notice to Landlord identifying such Existing Furniture at least thirty (30) days prior to the Expansion Premises Commencement Date shall each be extended one day for each day until such Force Majeure Delay no longer existsDate. Landlord The Delivery Condition Work includes removing the demising wall between the Existing Premises and Tenant shall execute and deliver a written acknowledgement of the Expansion Premises Commencement Date when it is established in the form attached hereto as Exhibit B (“Expansion Premises Commencement Date Acknowledgement”). Any extension of the Base Term and the Expansion Premises Commencement Date as provided above shall be reflected in the Expansion Premises Commencement Date Acknowledgement. Tenant’s failure to execute and deliver the Expansion Premises Commencement Date Acknowledgement shall not affect Landlord’s rights under this First Amendment. If Landlord fails to Deliver timely the Expansion Premises, and may include certain other work that impacts the Existing Premises. Landlord shall not have reasonable access to the Existing Premises for the purposes of planning and performing the Delivery Condition Work. If necessary, Tenant shall be liable to Tenant responsible for (a) moving all personal property and for any loss or damage resulting therefromother preparatory work as is necessary to permit Landlord to perform and complete the Delivery Condition Work in a timely fashion, and this First Amendment (b) ensuring that Tenant’s employees are not in any area affected by such Delivery Condition Work while the same is being conducted. Tenant hereby acknowledges and agrees that Landlord’s performance of the Lease with respect to the Expansion Premises Delivery Condition Work shall not be void or voidableconstitute a constructive eviction of Tenant under the Lease.

Delivery of Expansion Premises. Landlord shall use reasonable efforts will endeavor to deliver (“Deliver” or “Delivering”) tender possession of the Expansion Premises to Tenant with the Expansion Improvements Substantially Complete on or before the Estimated Expansion Commencement Date; provided, that if the date that is [***] months after the Effective Date, with the lease on which Landlord actually tenders possession of the Expansion Premises commencing to Tenant in such condition does not occur on or before the earlier to occur of the following (“Estimated Expansion Premises Commencement Date”): (a) the date that is [***] months after the Effective Date, provided that Landlord has Delivered this Amendment shall not be void or voidable, the Expansion Premises by such dateTerm shall not be extended, and (b) Tenant’s beneficial occupancy of the Expansion Premises. Landlord shall Substantially Complete (as defined below) Landlord’s Expansion Premises Work (as defined below) before the Expansion Premises Commencement Date. If Landlord is delayed in Substantially Completing Landlord’s Expansion Premises Work before the Expansion Premises Commencement Date because of a Force Majeure Delay, the Base Term (as extended by the First Extension Term as provided below) and the Expansion Premises Commencement Date shall each be extended one day for each day until such Force Majeure Delay no longer exists. Landlord and Tenant shall execute and deliver a written acknowledgement of the Expansion Premises Commencement Date when it is established in the form attached hereto as Exhibit B (“Expansion Premises Commencement Date Acknowledgement”). Any extension of the Base Term and the Expansion Premises Commencement Date as provided above shall be reflected in the Expansion Premises Commencement Date Acknowledgement. Tenant’s failure to execute and deliver the Expansion Premises Commencement Date Acknowledgement shall not affect Landlord’s rights under this First Amendment. If Landlord fails to Deliver timely the Expansion Premises, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom; provided further that Landlord shall use commercially reasonable efforts to tender to Tenant delivery of possession of the Expansion Premises in such condition as soon as reasonably possible after the Estimated Expansion Commencement Date. Notwithstanding the foregoing, Tenant’s obligation to pay Basic Rent, Operating Expenses and this First Amendment and Real Property Taxes shall not begin until the Lease actual Expansion Commencement Date. If Landlord is unable to deliver possession of the Expansion Premises to Tenant with respect the Expansion Improvements Substantially Complete on or before the date which is thirty (30) days after the Estimated Expansion Commencement Date (“Outside Expansion Delivery Date”), which Outside Expansion Delivery Date shall be extended on a day-for-day basis for any delay caused by an event of Force Majeure, a Tenant Delay (as that term is defined in the Expansion Work Letter) or similar matters beyond the reasonable control of Landlord, Tenant shall be entitled to receive an abatement of the Basic Rent attributable to the Expansion Premises on a day-for-day basis for each day between the Outside Expansion Delivery Date and the actual date on which possession of the Expansion Premises is delivered to Tenant with the Expansion Improvements Substantially Complete (“Actual Expansion Delivery Date”), to be applied as a credit toward the Basic Rent next due and payable for the Expansion Premises (for example, if the Outside Expansion Delivery Date is April 15, 2021, and the Actual Expansion Delivery Date is April 20, 2021, then Tenant shall not receive a credit toward Basic Rent in an amount equal to four (4) days of the Basic Rent attributable to the Expansion Premises). The remedy set forth in this Section 2 shall be void Tenant’s sole and exclusive remedy at law or voidableequity for the matters described herein.

Delivery of Expansion Premises. Landlord shall use reasonable efforts to deliver (“Deliver” or “Delivering”) the Expansion Premises to Tenant on or before the date that is [***] months after the Effective Date, with the lease of the Expansion Premises commencing on the earlier to occur of the following (“Expansion Premises Commencement Date”): (a) the date that is [***] months after the Effective Date, provided that Landlord has Delivered the Expansion Premises by such date, and (b) Tenant’s beneficial occupancy of the Expansion Premises. Landlord shall Substantially Complete (as defined below) Landlord’s Expansion Premises Work (as defined below) before the Target Expansion Premises Commencement Date. If Landlord is delayed in Substantially Completing Landlord’s Expansion Premises Work before the Expansion Premises Commencement Date because of a Force Majeure Delay, the Base Term (as extended by the First Extension Term as provided below) and the Expansion Premises Commencement Date shall each be extended one day for each day until such Force Majeure Delay no longer exists. Landlord and Tenant shall execute and deliver a written acknowledgement of the Expansion Premises Commencement Date when it is established in the form attached hereto as Exhibit B (“Expansion Premises Commencement Date Acknowledgement”). Any extension of the Base Term and the Expansion Premises Commencement Date as provided above shall be reflected in the Expansion Premises Commencement Date Acknowledgement. Tenant’s failure to execute and deliver the Expansion Premises Commencement Date Acknowledgement shall not affect Landlord’s rights under this First Amendment. If Landlord fails to Deliver timely deliver the Expansion Premises, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this First Amendment and the Lease with respect to the Expansion Premises shall not be void or voidable. Notwithstanding the foregoing, if Landlord does not deliver the Expansion Premises to Tenant within 180 days following the Target Expansion Premises Commencement Date for any reason other than Force Majeure delays, Tenant shall have the right to terminate its leasehold obligations with respect to the Expansion Premises only, by written notice to Landlord (the “Delay Notice”). Landlord shall have 30 days after Xxxxxxxx’s receipt of the Delay Notice to deliver the Expansion Premises to Tenant, and in the event that Landlord is still unable to deliver the Expansion Premises to Tenant within such time, then upon the 31st day after Xxxxxxxx’s receipt of the Delay Notice, this Lease, with respect to the Expansion Premises only, shall be deemed terminated and of no further force or effect, and Landlord and Tenant shall thereafter be relieved of any further obligations to one another under this Lease with respect to the Expansion Premises. If Tenant does not deliver the Delay Notice within 5 business days of the lapse of such 180 day period, such right to terminate this Lease with respect to the Expansion Premises shall be waived and this Lease shall remain in full force and effect with respect to the Expansion Premises.