Common use of Demise of Additional Space Clause in Contracts

Demise of Additional Space. Landlord hereby leases, demises and lets unto Tenant the Additional Space, and Tenant hereby takes and hires the Additional Space from Landlord, for the period commencing on the later date ("Additional Space Commencement Date") to occur of (a) November 1, 1997 or (b) the date that the improvements to the Additional Space to be made by Landlord pursuant to Section 4 of this Amendment are Substantially Completed (defined below), and terminating on October 31, 2002, being the scheduled expiration date of the term of the Lease. As used herein, the term "Substantially Completed" shall mean that state of completion which will enable Tenant to reasonably utilize the Additional Space for the conduct of its ordinary business, even though certain work remains to be completed by Landlord, without unreasonable interruption or disruption of Tenant's business. The date that improvements to the Additional Space to be made by Landlord pursuant to Section 4 of this Amendment are Substantially Completed shall be certified in writing to Tenant and Landlord by Landlord's architect. Landlord and Tenant agree to execute a confirmation of the Additional Space Commencement Date, substantially in the form of Exhibit B hereto, within thirty (30) days after the occurrence of such date. Landlord and Tenant agree that effective on the Additional Space Commencement Date, the Additional Space shall be (i) added to the Premises, which shall comprise an aggregate of approximately 32,345 rentable square feet, and (ii) governed by all of the provisions of the Lease, as amended hereby.

Demise of Additional Space. Pursuant to the terms and conditions hereof, and of the Lease, Landlord hereby leases, demises and lets unto leases to Tenant the Additional Space, and Tenant hereby takes and hires the Additional Space from Landlord, for the period commencing on the later date ("Additional Space Commencement Date") to occur of (a) November 1the First Floor Space, 1997 or beginning on the First Floor Commencement Date (as defined herein) and for the term specified herein; and (b) the date Second Floor Space, beginning on the Second Floor Commencement Date and for the term specified herein. Tenant acknowledges and agrees that Landlord is currently party to a lease of the Second Floor Space with TollBridge Technologies, Inc. ("TollBridge"), the current tenant, and that the improvements lease of the Second Floor Space to Tenant is subject to the Additional rights of TollBridge. Landlord is only required to deliver the Second Floor Space to Tenant after TollBridge's possessory interest terminates or is terminated and after Landlord has had a reasonable period of time to deliver the Second Floor Space in accordance with Paragraph 11 below. Landlord represents to Tenant that it is not contractually obligated to TollBridge for a term in excess of five (5) years from the commencement date of such lease (currently estimated to be made by Landlord September 1, 1999) plus whatever partial month may be added pursuant to Section 4 the terms thereof if the commencement date is not the first day of this Amendment are Substantially Completed (defined below), and terminating on October 31, 2002, being the scheduled expiration date of a month. Landlord shall not agree to extend the term of such lease beyond such five (5) year term. When the Lease. As used hereincommencement date of such lease is established, the term "Substantially Completed" Landlord shall mean that state of completion which will enable give Tenant to reasonably utilize the Additional Space for the conduct of its ordinary business, even though certain work remains to be completed by Landlord, without unreasonable interruption or disruption of Tenant's business. The date that improvements to the Additional Space to be made by Landlord pursuant to Section 4 of this Amendment are Substantially Completed shall be certified in writing to Tenant and Landlord by Landlord's architect. Landlord and Tenant agree to execute a confirmation of the Additional Space Commencement Date, substantially in the form of Exhibit B hereto, within thirty (30) days after the occurrence written notice of such date. Landlord and Tenant agree that effective on the Additional Space Commencement DateThis Amendment creates an indivisible, the Additional Space shall be (i) added to the Premises, which shall comprise an aggregate single Lease of approximately 32,345 rentable square feet, and (ii) governed by all of the space leased to Tenant, and shall not under any circumstances be deemed to be divisible into separate leases on the separate buildings. Except as herein provided, all of the terms and provisions of the Lease, as amended hereby.including Landlord's --------------------------------------------------------------------------------

Demise of Additional Space. 2.1 The Landlord hereby leases, demises and lets unto Tenant leases to the Additional SpaceTenant, and the Tenant hereby leases and takes and hires from the Additional Space from Landlord, for the period commencing on the later date ("Additional Space Commencement Date") to occur of (a) November 1, 1997 or (b) the date that the improvements to the Additional Space to be made by Landlord pursuant to Section 4 of this Amendment are Substantially Completed (defined below), and terminating on October 31, 2002, being the scheduled expiration date of the term of the Lease. As used herein, the term "Substantially Completed" shall mean that state of completion which will enable Tenant to reasonably utilize the Additional Space for the conduct Term under the Lease; provided, however, that it is understood and agreed that the Additional Space Commencement Date (as defined in Section 6.1) may occur after CRE:55282-2\EM-008091_1_3 the Commencement Day in respect of its ordinary businessthe Existing Premises, even though certain work remains and, similarly, the Additional Space Possession Date (as defined in Section 6.1) may occur after the Scheduled Possession Date or actual date of delivery of possession in respect of the Existing Premises pursuant to the Lease, but such inconsistency of dates will not extend the term of the lease of the Additional Space beyond the expiry of the Term otherwise provided under the Lease, but, rather the term of the lease of the Additional Space shall expire upon the expiry of the Term of the lease of the Existing Premises. 2.2 Subject to the terms and conditions of this Agreement, the Landlord and Tenant acknowledge and agree that, from and after the date hereof, the Lease will be completed by Landlordmodified to include the Additional Space for the Term (subject to the proviso set forth in Section 2.1 above) and, without unreasonable interruption except for the payment of Basic Rent as set forth in Section 3.1 below) and as otherwise expressly modified or disruption provided for under this Agreement, all of Tenant's business. The date that improvements the provisions of the Lease will apply to the Additional Space as they do to the Existing Premises (including, but not limited to, the Tenant’s obligation to pay all Additional Rent payable pursuant to the Lease in respect of the Additional Space) during the Term and, as applicable, all extensions and renewals thereof; and all references in the Lease to the “Premises” will from and after the date hereof, but subject to the terms and conditions of this Agreement, include the Existing Premises and the Additional Space; and the Lease (and, in particular, the reference to the Rentable Area of the Premises in the Lease Summary of the Original Lease) shall be deemed to be made by Landlord pursuant amended accordingly to Section 4 of this Amendment are Substantially Completed shall be certified in writing to Tenant and Landlord by Landlord's architectreflect all premises comprising the Premises. Landlord and Tenant agree to execute a confirmation Furthermore, as of the Additional Space Commencement Date, substantially in the form Tenant’s Proportionate Share shall increase accordingly to reflect the inclusion of Exhibit B hereto, within thirty (30) days after the occurrence Additional Space as part of such date. the Premises under the Lease. 2.3 The Landlord and the Tenant agree that effective on the Additional Space Commencement Date, the Additional Space shall be (i) added Lease is hereby further modified by adding Exhibit “A” attached hereto to the Premises, which shall comprise an aggregate Original Lease as part of approximately 32,345 rentable square feet, and (ii) governed by all of the provisions of the Lease, as amended herebySchedule A2 attached thereto.

Demise of Additional Space. (a) Landlord hereby leases, demises and lets unto Tenant the Additional Space, and Tenant hereby takes and hires the Additional Space from Landlord, for the period commencing on the later date that Landlord's Work (defined in Section 7 below) to be completed by Landlord pursuant to Section 7 below is Substantially Completed, except for any Punch List Items, (the "Additional Space Commencement Date"'') to occur and terminating on August 31, 2026 (being the Expiration Date of (a) November 1, 1997 or the Lease). (b) the date that the improvements to the Additional Space to be made by Landlord pursuant to Section 4 of this Amendment are Substantially Completed Tenant shall, within ten (defined below), and terminating on October 31, 2002, being the scheduled expiration date of the term of the Lease. As used herein, the term "Substantially Completed" shall mean that state of completion which will enable Tenant to reasonably utilize the Additional Space for the conduct of its ordinary business, even though certain work remains to be completed by 10) business days after request from Landlord, without unreasonable interruption or disruption of Tenant's business. The date that improvements to the Additional Space to be made by Landlord pursuant to Section 4 of this Amendment are Substantially Completed shall be certified in writing to Tenant and Landlord by Landlord's architect. Landlord and Tenant agree to execute a confirmation of the Additional Space Commencement Date, and other matters as Landlord may reasonably request, which confirmation shall be in substantially in the form of Exhibit B attached hereto; any failure to respond within such time shall be deemed an acceptance of the matters as set forth therein. If Tenant disagrees with Lxxxxxxx's determination of the Additional Space Commencement Date, within thirty Tenant shall pay Fixed Rent and Additional Rent, and shall perform all other obligations relating to the Additional Space commencing on the date determined by Landlord, subject to refund or credit when the matter is resolved. (30c) days after Except for Landlord's Work to be made by Landlord pursuant to Section 7 of this Amendment, Tenant accepts the occurrence Additional Space in its "AS IS'' condition as of such datethe Effective Date. Tenant acknowledges that neither Landlord, nor Landlord's agents, representatives, employees, servants or attorneys have made any representations or promises, whether express or implied, concerning the condition of the Additional Space, and agrees that Landlord shall have no obligation to make any alterations or improvements to the Additional Space for or during the remainder of the term of the Lease, except for Landlord's Work to be made by Landlord pursuant to Section 7 of this Amendment, other than Landlord's repair and maintenance obligations under the Lease. (d) Landlord and Tenant agree that effective on the Additional Space Commencement Date, (i) the Additional Space shall be deemed to be part of the "Premises" leased by Tenant from Landlord under the Lease, (iii) added to the Premises, which combined Premises shall comprise an aggregate consist of approximately 32,345 8,104 rentable square feet, and (iiiii) the Additional Space shall be governed by all of the provisions of the Lease, as amended hereby.