Common use of DEMISE, PREMISES, TERM, RENT Clause in Contracts

DEMISE, PREMISES, TERM, RENT. Section 1.1. Landlord hereby leases to Tenant and Tenant hereby hires from Landlord the Tenth Floor Space for the Term to commence on the date hereof (the "Commencement Date") and to end on the day (the "Fixed Expiration Date") that is the last day of the month in which occurs the tenth (10th) anniversary of the Commencement Date at an annual rent (the "Fixed Rent") of: (1) One Million Three Hundred Seventy-Seven Thousand Nine Hundred Eighteen and 00/100 Dollars ($1,377,918.00) for the period commencing on the Tenth Floor Space Rent Commencement Date and ending on the day immediately prior to the day that is the third (3rd) anniversary of the Commencement Date (the day that is the third (3rd) anniversary of the Commencement Date being referred to herein as the "Third Anniversary Date"), payable in equal monthly installments of One Hundred Fourteen Thousand Eight Hundred Twenty-Six and 50/100 Dollars ($114,826.50); (2) One Million Four Hundred Ninety-Nine Thousand Four Hundred Ninety- Nine and 00/100 Dollars ($1,499,499.00) for the period commencing on the Third Anniversary Date and ending on the day immediately prior to the day that is the seventh (7th) anniversary of the Commencement Date (the day that is the seventh (7th) anniversary of the Commencement Date being referred to herein as the "Seventh Anniversary Date"), payable in equal monthly installments of One Hundred Twenty-Four Thousand Nine Hundred Fifty-Eight and 25/100 Dollars ($124,958.25); and (3) One Million Six Hundred Twenty-One Thousand Eighty and 00/100 Dollars ($1,621,080.00) for the period commencing on the Seventh Anniversary Date and ending on the Fixed Expiration Date, payable in equal monthly installments of One Hundred Thirty-Five Thousand Ninety and 00/100 Dollars ($135,090.00). Section 1.2. Landlord hereby leases to Tenant and Tenant hereby hires from Landlord the Seventh Floor Space for a term commencing on the Seventh Floor Space Commencement Date and ending on the Fixed Expiration Date at a Fixed Rent of: (1) One Million Four Hundred Fifty-Nine Thousand Six Hundred Eighty- Eight and 00/100 Dollars ($1,459,688.00) for the period commencing on the Seventh Floor Space Rent Commencement Date and ending on the day immediately prior to the Third Anniversary Date, payable in equal monthly installments of One Hundred Twenty-One Thousand Six Hundred Forty and 67/100 Dollars ($121,640.67); (2) One Million Five Hundred Eighty-Eight Thousand Four Hundred Eighty Four and 00/100 Dollars ($1,588,484.00) for the period commencing on the Third Anniversary Date and ending on the day immediately prior to the Seventh Anniversary Date, payable in equal monthly installments of One Hundred Thirty-Two Thousand Three Hundred Seventy-Three and 67/100 Dollars ($132,373.67); and (3) One Million Seven Hundred Seventeen Thousand Two Hundred Eighty and 00/100 Dollars ($1,717,280.00) for the period commencing on the Seventh Anniversary Date and ending on the Fixed Expiration Date, payable in equal monthly installments of One Hundred Forty-Three Thousand One Hundred Six and 67/100 Dollars ($143,106.67). Section 1.3. Tenant agrees to pay the Fixed Rent in lawful money of the United States which shall be legal tender in payment of all debts and dues, public and private, at the time of payment, in equal monthly installments in advance, on the first (1st) day of each calendar month during the Term commencing on the Rent Commencement Date, at the office of Landlord or such other place as Landlord may designate, without any set-off, offset, abatement or deduction whatsoever except as expressly set forth herein, except that Tenant shall pay the first full monthly installment on the execution hereof.

DEMISE, PREMISES, TERM, RENT. Section 1.1. Landlord hereby leases to Tenant and Tenant hereby hires from ------------ Landlord the Tenth Floor Space Premises for the Term to commence on the date hereof (the "Commencement Date") and to end on the day (the "Fixed Expiration Date") that is the last day of the month in which occurs the tenth (10th) anniversary of the Commencement Date at an annual rent (the "Fixed Rent") of:the (1) One Million Three Hundred SeventyNinety-Six Thousand Seven Thousand Nine Hundred Eighteen and 00/100 Thirty-Six Dollars ($1,377,918.00196,736.00) per annum for the period (the "1st Rental Period") --- ----- ----------------- commencing on the Tenth Floor Space Rent Commencement Date and ending on the day immediately prior to the day that is preceding the third (3rd) anniversary of the Rent Commencement Date, or if the Rent Commencement Date (shall occur other than on the first day that is of the month, ending on the last day of the month in which the third (3rd) anniversary of the Rent Commencement Date being referred to herein as the "Third Anniversary Date"), occurs payable in equal monthly installments installments, in advance, of One Sixteen Thousand Three Hundred Fourteen Thousand Eight Hundred TwentyNinety-Six Four and 50/100 67/100 Dollars ($114,826.5016,394.67);; and (2) One Million Four Two Hundred NinetySeven Thousand Eight Hundred Seventy-Nine Thousand Four Hundred Ninety- Nine and 00/100 Two Dollars ($1,499,499.00207,872.00) per annum for the period (the "2nd Rental Period") --- ----- ----------------- commencing on the Third Anniversary Date day next succeeding the end of the 1st Rental Period and ending on the day immediately prior to preceding the day that is the seventh sixth (7th6th) anniversary of the Rent Commencement Date, or if the Rent Commencement Date shall occur other than on the first day of the month, ending on the last day of the month in which the sixth (the day that is the seventh (7th6th) anniversary of the Rent Commencement Date being referred to herein as the "Seventh Anniversary Date"), occurs payable in equal monthly installments installments, in advance of One Seventeen Thousand Three Hundred Twenty-Four Thousand Nine Hundred Fifty-Eight Two and 25/100 67/100 Dollars ($124,958.2517,322.67); and (3) One Million Six Two Hundred Twenty-One Nineteen Thousand Eighty and 00/100 Eight Dollars ($1,621,080.00219,008.00) per annum for the period commencing on the Seventh Anniversary Date and ending on day next succeeding the Fixed Expiration Date, payable in equal monthly installments end of One Hundred Thirty-Five Thousand Ninety and 00/100 Dollars ($135,090.00). Section 1.2. Landlord hereby leases to Tenant and Tenant hereby hires from Landlord the Seventh Floor Space for a term commencing on the Seventh Floor Space Commencement Date --- ----- 2nd Rental Period and ending on the Fixed Expiration Date at a Fixed Rent of: (1) One Million Four Hundred Fifty-Nine Thousand Six Hundred Eighty- Eight and 00/100 Dollars ($1,459,688.00) for the period commencing on the Seventh Floor Space Rent Commencement Date and ending on the day immediately prior to the Third Anniversary Date, payable in equal monthly installments installments, in advance, of One Eighteen Thousand Two Hundred Twenty-One Thousand Six Hundred Forty Fifty and 67/100 Dollars ($121,640.6718,250.67); , (2which Fixed Rent amounts include, if Landlord shall be supplying electricity pursuant to Section 13.2 hereof, the Base Electricity Inclusion Factor) One Million Five Hundred Eighty-Eight Thousand Four Hundred Eighty Four and 00/100 Dollars ($1,588,484.00) for the period commencing on the Third Anniversary Date and ending on the day immediately prior to the Seventh Anniversary Date, payable in equal monthly installments of One Hundred Thirty-Two Thousand Three Hundred Seventy-Three and 67/100 Dollars ($132,373.67); and (3) One Million Seven Hundred Seventeen Thousand Two Hundred Eighty and 00/100 Dollars ($1,717,280.00) for the period commencing on the Seventh Anniversary Date and ending on the Fixed Expiration Date, payable in equal monthly installments of One Hundred Forty-Three Thousand One Hundred Six and 67/100 Dollars ($143,106.67). Section 1.3. which Tenant agrees to pay the Fixed Rent in lawful money of the United States which shall be legal tender in payment of all debts and dues, public and private, at the time of payment, in equal monthly installments in advance, on the first (1st) day of each calendar month during the Term commencing on the Rent Commencement Date, at the office of Landlord or such other place as Landlord may designate, without any set-off, offset, abatement or deduction whatsoever except as expressly set forth hereinwhatsoever, except that Tenant shall pay the first full monthly installment on the execution hereof. At the request of Landlord, Fixed Rent shall be payable when due by wire transfer of funds to an account designated from time to time by Landlord. Section 1.2. Tenant shall pay to Landlord, as additional rent, on account ------------ of electricity consumed at the Premises the sum of Nine Hundred Twenty-Eight Dollars ($928.00) per month during the period commencing on the Commencement Date and ending on the day immediately preceding the Rent Commencement Date; such payments to be made on the Commencement Date and on the first (1st) day of each calendar month thereafter during such period. If such period shall commence on a date other than the first (1st) day of a calendar month or end on a day other than on the last day of a calendar month, as the case may be, such monthly amount on account of electricity shall be appropriately adjusted. Section 1.3. Notwithstanding anything herein to the contrary, ------------ (a) provided no Event of Default shall have occurred and be continuing on the first day of the eighteenth (18/th/) month after the Rent Commencement Date, Tenant shall be entitled to a credit against Fixed Rent due on such date in the amount of Fifteen Thousand Four Hundred Sixty-Six and 67/100 Dollars ($15,466.67); (b) provided no Event of Default shall have occurred and be continuing on the first day of the nineteenth (19/th/) month after the Rent Commencement Date, Tenant shall be entitled to a credit against Fixed Rent due on such date in the amount of Fifteen Thousand Four Hundred Sixty-Six and 67/100 Dollars ($15,466.67); (c) provided no Event of Default shall have occurred and be continuing on the first day of the twentieth (20/th/) month after the Rent Commencement Date, Tenant shall be entitled to a credit against Fixed Rent due on such date in the amount of Fifteen Thousand Four Hundred Sixty-Six and 67/100 Dollars ($15,466.67); (d) provided no Event of Default shall have occurred and be continuing on the first day of the sixtieth (60/th/) month after the Rent Commencement Date, Tenant shall be entitled to a credit against Fixed Rent due on such date in the amount of Sixteen Thousand Three Hundred Ninety-Four and 67/100 Dollars ($16,394.67); and (e) provided no Event of Default shall have occurred and be continuing on the first day of the sixty-first (61/st/) month after the Rent Commencement Date, Tenant shall be entitled to a credit against Fixed Rent due on such date in the amount of Sixteen Thousand Three Hundred Ninety-Four and 67/100 Dollars ($16,394.67).

DEMISE, PREMISES, TERM, RENT. Section 1.1. (a) Landlord hereby leases the Premises to Tenant Tenant, and Tenant hereby hires leases the Premises from Landlord the Tenth Floor Space Landlord, for the Term to commence on the date hereof (the "Commencement Date") and to end on the day (the "Fixed Expiration Date") that is the last day of the month in which occurs the tenth (10th) anniversary of the Commencement Date Term, at an annual rent (the "“Fixed Rent"”) ofas follows: (1i) One Two Million Three Six Hundred Seventy-Six Thousand Seven Thousand Nine Hundred Eighteen and 00/100 Dollars ($1,377,918.002,676,700.00) per annum ($223,058.33 per month) for the period (the “First Rent Period”) commencing on the Tenth Floor Space Commencement Date and ending one day prior to the first (1st) anniversary of the Rent Commencement Date; (ii) Two Million Seven Hundred Thirty Thousand Two Hundred Thirty-Four and 00/100 Dollars ($2,730,234.00) per annum ($227,519.50 per month) for the period (the “Second Rent Period”) commencing on the first (1st) anniversary of the Rent Commencement Date and ending on the one day immediately prior to the second (2nd) anniversary of the Rent Commencement Date; (iii) Two Million Seven Hundred Eighty-Four Thousand Eight Hundred Thirty-Eight and 68/100 Dollars ($2,784,838.68) per annum ($232,069.89 per month) for the period (the “Third Rent Period”) commencing on the second (2nd) anniversary of the Rent Commencement Date and ending one day that is prior to the third (3rd) anniversary of the Rent Commencement Date Date; (iv) Two Million Eight Hundred Forty Thousand Five Hundred Thirty-Five and 45/100 Dollars ($2,840,535.45) per annum ($236,711.29 per month) for the period (the day that is “Fourth Rent Period”) commencing on the third (3rd) anniversary of the Rent Commencement Date being referred and ending one day prior to herein as the "Third Anniversary fourth (4th) anniversary of the Rent Commencement Date"), payable in equal monthly installments ; (v) Two Million Eight Hundred Ninety-Seven Thousand Three Hundred Forty-Six and 16/100 Dollars ($2,897,346.16) per annum ($241,445.51 per month) for the period (the “Fifth Rent Period”) commencing on the fourth (4th) anniversary of One Hundred Fourteen Thousand Eight the Rent Commencement Date and ending one day prior to the fifth (5th) anniversary of the Rent Commencement Date; (vi) Three Million Three Hundred Twenty-Six and 50/100 Dollars ($114,826.50); (2) One Million Four Thousand Four Hundred Ninety-Nine Thousand Four Hundred Ninety- Nine Three and 00/100 09/100 Dollars ($1,499,499.003,324,493.09) per annum ($277,041.09 per month) for the period (the “Sixth Rent Period”) commencing on the Third Anniversary fifth (5th) anniversary of the Rent Commencement Date and ending on the one day immediately prior to the sixth (6th) anniversary of the Rent Commencement Date; (vii) Three Million Three Hundred Ninety Thousand Nine Hundred Eighty-Two and 95/100 Dollars ($3,390,982.95) per annum ($282,581.91 per month) for the period (the “Seventh Rent Period”) commencing on the sixth (6th) anniversary of the Rent Commencement Date and ending one day that is prior to the seventh (7th) anniversary of the Rent Commencement Date Date; (viii) Three Million Four Hundred Fifty-Eight Thousand Eight Hundred Two and 61/100 Dollars ($3,458,802.61) per annum ($288,233.55 per month) for the period (the day that is “Eighth Rent Period”) commencing on the seventh (7th) anniversary of the Rent Commencement Date being referred and ending one day prior to herein as the "Seventh Anniversary eighth (8th) anniversary of the Rent Commencement Date"), payable in equal monthly installments of One ; (ix) Three Million Five Hundred Twenty-Four Seven Thousand Nine Hundred FiftySeventy-Eight and 25/100 66/100 Dollars ($124,958.25)3,527,978.66) per annum ($293,998.22 per month) for the period (the “Ninth Rent Period”) commencing on the eighth (8th) anniversary of the Rent Commencement Date and ending one day prior to the ninth (9th) anniversary of the Rent Commencement Date; and (3x) One Three Million Six Five Hundred TwentyNinety-One Eight Thousand Eighty Five Hundred Thirty-Eight and 00/100 23/100 Dollars ($1,621,080.003,598,538.23) per annum ($299,878.19 per month) for the period (the “Tenth Rent Period”) commencing on the Seventh Anniversary Date and ending on ninth (9th) anniversary of the Fixed Expiration Date, payable in equal monthly installments of One Hundred Thirty-Five Thousand Ninety and 00/100 Dollars ($135,090.00). Section 1.2. Landlord hereby leases to Tenant and Tenant hereby hires from Landlord the Seventh Floor Space for a term commencing on the Seventh Floor Space Commencement Date and ending on the Fixed Expiration Date at a Fixed Rent of: (1) One Million Four Hundred Fifty-Nine Thousand Six Hundred Eighty- Eight and 00/100 Dollars ($1,459,688.00) for the period commencing on the Seventh Floor Space Rent Commencement Date and ending on the day immediately prior to the Third Anniversary Date, payable in equal monthly installments of One Hundred Twenty-One Thousand Six Hundred Forty and 67/100 Dollars ($121,640.67); (2) One Million Five Hundred Eighty-Eight Thousand Four Hundred Eighty Four and 00/100 Dollars ($1,588,484.00) for the period commencing on the Third Anniversary Date and ending on the day immediately prior to the Seventh Anniversary Date, payable in equal monthly installments of One Hundred Thirty-Two Thousand Three Hundred Seventy-Three and 67/100 Dollars ($132,373.67); and (3) One Million Seven Hundred Seventeen Thousand Two Hundred Eighty and 00/100 Dollars ($1,717,280.00) for the period commencing on the Seventh Anniversary Date and ending on the Fixed Expiration Date, payable in equal monthly installments subject to the provisions of One Hundred Forty-Three Thousand One Hundred Six and 67/100 Dollars ($143,106.67)Article 33 below. Section 1.3. (b) Tenant agrees to pay the Fixed Rent to Landlord without notice or demand, in lawful money of the United States which shall be legal tender in payment of all debts and dues, public and private, at the time of paymentStates, in equal monthly installments in advance, advance on the first (1st) day of each calendar month during the Term commencing on the Rent Commencement DateTerm, at the office of Landlord or such other place as Landlord may designate, without any set-off, offset, abatement or deduction whatsoever (except as expressly set forth provided in this Lease) or deduction whatsoever. Fixed Rent and Additional Rent shall be payable by check drawn on a bank that is a member of the New York Clearinghouse Association, or on any other bank reasonably acceptable to Landlord either having an office in New York City or which is chartered as a national banking association, or by wire transfer of immediately available funds. Section 2.2 Notwithstanding anything to the contrary contained herein, except that upon execution and delivery of this Lease, Tenant shall pay to Landlord the sum of Two Hundred Twenty-Three Thousand Fifty-Eight Dollars and 33/100 ($223,058.33) representing the installment of Fixed Rent for the first (1st) full monthly installment calendar month of the Term after the Commencement Date. If the date (the “Rent Payment Date”) on which Tenant’s obligation to pay Fixed Rent commences occurs on a date other than the first (1st) day of any calendar month, Tenant shall also pay to Landlord, on the execution hereofRent Payment Date, a sum equal to Two Hundred Twenty-Three Thousand Fifty-Eight Dollars and 33/100 ($223,058.33), prorated on a daily basis for the period from the Rent Payment Date to the last day of the month in which the Rent Payment Date occurs, based on the number of calendar days in such month. Section 2.3 Notwithstanding anything to the contrary set forth in Section 2.1, so long as no Event of Default in respect of a monetary obligation under this Lease or a material non-monetary obligation under this Lease shall then have occurred and be continuing, Tenant shall have no obligation to pay the first $2,230,583.30 of Fixed Rent payable under this Lease; provided, however, that if at the time Tenant would otherwise be entitled to the abatement of Fixed Rent provided for in this Section, but for the fact that at such time such Event(s) of Default have occurred and are continuing, such abatement shall be reinstated if and when such all of the event(s) that caused such Event(s) of Default are cured, provided Landlord accepts such cure and has not terminated this Lease as a result of any of such Event(s) of Default. Said amount of Fixed Rent is herein referred to as the “Rent Abatement Amount”, and is subject to increase pursuant to the provisions of subsections 5.2(e)(ii) and 8.3(c) below. Nothing contained in this Section 2.3 shall affect Tenant’s obligation to make any other payment under this Lease. For the purposes of this Lease, Tenant shall not be in default under this Lease if, during such time and to the extent, it cannot perform an obligation hereunder solely because Landlord has not performed the Landlord’s CO Obligations (as defined in Section 8.2(b)).

DEMISE, PREMISES, TERM, RENT. Section 1.1. 1.1 Landlord hereby leases to Tenant and Tenant hereby hires from Landlord the Tenth Floor Space Premises, upon and subject to the terms, covenants, provisions and conditions of this Lease, for the Term to commence on the date hereof (the "Commencement Date") Date and to end on the day Expiration Date. Section 1.2 The Premises shall be leased at an annual rent (the "“Fixed Expiration Date"Rent”) that is equal to: (A) for the last period commencing on the Commencement Date (but subject to the terms and conditions of Section 1.3(B)) and ending on the day prior to the second (2nd) anniversary of the month Rent Commencement Date, Three Million Five Hundred Thousand and 00/100 Dollars ($3,500,000) per annum, payable in which occurs twelve equal monthly installments of Two Hundred Ninety One Thousand Six Hundred Sixty-Six and 66/00 Dollars ($291,666.66). (B) for the period commencing on the second (2nd) anniversary of the Rent Commencement Date and ending on the day prior to the fifth (5th) anniversary of the Rent Commencement Date, Three Million Six Hundred Thousand and 00/100 Dollars ($3,600,000) per annum, payable in twelve equal monthly installments of Three Hundred Thousand and 00/100 Dollars ($300,000.00). (C) for the period commencing on the fifth (5th) anniversary of the Rent Commencement Date and ending on the day prior to the seventh (7th) anniversary of the Rent Commencement Date, Three Million Eight Hundred Thousand and 00/100 Dollars ($3,800,000) per annum, payable in twelve equal monthly installments of Three Hundred Sixteen Thousand Six Hundred Sixty-Six and 66/100 Dollars ($316,666.66). (D) for the period commencing on the seventh (7th) anniversary of the Rent Commencement Date and ending on the day prior to the tenth (10th) anniversary of the Rent Commencement Date at an annual rent (the "Fixed Rent") of: (1) One Date, Three Million Three Hundred Seventy-Seven Thousand Nine Hundred Eighteen Thousand and 00/100 Dollars ($1,377,918.003,900,000) per annum, payable in twelve equal monthly installments of Three Hundred Twenty-Five Thousand and 00/100 Dollars ($325,000.00). (E) for the period commencing on the Tenth Floor Space Rent Commencement Date and ending on the day immediately prior to the day that is the third tenth (3rd10th) anniversary of the Rent Commencement Date (the day that is the third (3rd) anniversary of the Commencement Date being referred to herein as the "Third Anniversary Date"), payable in equal monthly installments of One Hundred Fourteen Thousand Eight Hundred Twenty-Six and 50/100 Dollars ($114,826.50); (2) One Million Four Hundred Ninety-Nine Thousand Four Hundred Ninety- Nine and 00/100 Dollars ($1,499,499.00) for the period commencing on the Third Anniversary Date and ending on the day immediately prior to the day that is the seventh (7th) anniversary of the Commencement Date (the day that is the seventh (7th) anniversary of the Commencement Date being referred to herein as the "Seventh Anniversary Date"), payable in equal monthly installments of One Hundred Twenty-Four Thousand Nine Hundred Fifty-Eight and 25/100 Dollars ($124,958.25); and (3) One Million Six Hundred Twenty-One Thousand Eighty and 00/100 Dollars ($1,621,080.00) for the period commencing on the Seventh Anniversary Date and ending on the Fixed Expiration Date, payable in equal monthly installments of One Hundred Thirty-Five Thousand Ninety Four Million and 00/100 Dollars ($135,090.004,000,000) per annum, payable in twelve equal monthly installments of Three Hundred Thirty-Three Thousand Three Hundred Thirty-Three and 33/100 Dollars ($333,333.33). Section 1.2. Landlord hereby leases to 1.3 (A) Tenant and Tenant hereby hires from Landlord the Seventh Floor Space for a term commencing on the Seventh Floor Space Commencement Date and ending on the Fixed Expiration Date at a Fixed Rent of: (1) One Million Four Hundred Fifty-Nine Thousand Six Hundred Eighty- Eight and 00/100 Dollars ($1,459,688.00) for the period commencing on the Seventh Floor Space Rent Commencement Date and ending on the day immediately prior to the Third Anniversary Date, payable in equal monthly installments of One Hundred Twenty-One Thousand Six Hundred Forty and 67/100 Dollars ($121,640.67); (2) One Million Five Hundred Eighty-Eight Thousand Four Hundred Eighty Four and 00/100 Dollars ($1,588,484.00) for the period commencing on the Third Anniversary Date and ending on the day immediately prior to the Seventh Anniversary Date, payable in equal monthly installments of One Hundred Thirty-Two Thousand Three Hundred Seventy-Three and 67/100 Dollars ($132,373.67); and (3) One Million Seven Hundred Seventeen Thousand Two Hundred Eighty and 00/100 Dollars ($1,717,280.00) for the period commencing on the Seventh Anniversary Date and ending on the Fixed Expiration Date, payable in equal monthly installments of One Hundred Forty-Three Thousand One Hundred Six and 67/100 Dollars ($143,106.67). Section 1.3. Tenant agrees to shall pay the aforesaid Fixed Rent in lawful money of the United States which shall be legal tender in for payment of all debts and dues, public and private, at the time of payment, in equal monthly installments in advanceadvance as aforesaid, on the first (1st) day of each calendar month during the Term commencing on the Rent Commencement Date, at the office of Landlord or such other place as Landlord may designate. Tenant covenants and agrees to pay all Fixed Rent, Escalation Rent and Additional Rent in accordance with the terms of this Lease. Tenant shall pay all such Fixed Rent, Escalation Rent and Additional Rent promptly when due, without notice or demand therefor and without any set-off, offset, credit, abatement or deduction whatsoever except of any kind whatsoever. Fixed Rent and Escalation Rent shall be payable when due either by (x) wire transfer of funds to an account designated from time to time by Landlord or (y) a check drawn on a bank which is a member of the New York Clearing House Association or a successor thereto delivered to Xxxxxxxx’s office as expressly set forth herein, except that Tenant shall pay the first full monthly installment on the execution hereofaforesaid.

DEMISE, PREMISES, TERM, RENT. Section 1.1. 1.1 Landlord hereby leases to Tenant Tenant, and Tenant hereby hires from Landlord Landlord, the Tenth Floor Space Premises, for the Term to commence commence, as to Space A on October 1, 1999 and as to each of Space B and Space C on the date hereof (the "Commencement Date") applicable Delivery Date for such Space, and to end on the day Expiration Date, at an annual rent (the "Fixed Rent") as follows: (a) For the portion of the Term commencing on the Space A Rent Commencement Date and ending on the Expiration Date", Tenant shall pay Fixed Rent for Space A as follows: (i) that is One Million Three Hundred Eighty One Thousand Five Hundred Ninety and 00/100 Dollars ($1,381,590.00) per annum ($115,132.50 per month) for the last period commencing on the Space A Rent Commencement Date and ending one day prior to the fifth (5th) anniversary of the month in which occurs Commencement Date for Space A; (ii) One Million Five Hundred Nineteen Thousand Seven Hundred Forty Nine and 00/100 Dollars ($1,519,749.00) per annum ($126,645.75 per month) for the period commencing on the fifth (5th) anniversary of the Commencement Date for Space A and ending one day prior to the tenth (10th) anniversary of the Commencement Date at an annual rent (the "Fixed Rent") of:for Space A; and (1iii) One Million Three Six Hundred Seventy-Fifty Seven Thousand Nine Hundred Eighteen Eight and 00/100 Dollars ($1,377,918.001,657,908.00) per annum ($138,159.00 per month) for the period commencing on the Tenth Floor tenth (10th) anniversary of the Commencement Date for Space A and ending on the Expiration Date. (b) For the portion of the Term commencing on the Space B Rent Commencement Date and ending on the day immediately prior to the day that is the third (3rd) anniversary of the Commencement Date (the day that is the third (3rd) anniversary of the Commencement Date being referred to herein as the "Third Anniversary Date"), payable in equal monthly installments of One Hundred Fourteen Thousand Eight Hundred Twenty-Six and 50/100 Dollars ($114,826.50); (2) One Million Four Hundred Ninety-Nine Thousand Four Hundred Ninety- Nine and 00/100 Dollars ($1,499,499.00) for the period commencing on the Third Anniversary Date and ending on the day immediately prior to the day that is the seventh (7th) anniversary of the Commencement Date (the day that is the seventh (7th) anniversary of the Commencement Date being referred to herein as the "Seventh Anniversary Date"), payable in equal monthly installments of One Hundred Twenty-Four Thousand Nine Hundred Fifty-Eight and 25/100 Dollars ($124,958.25); and (3) One Million Six Hundred Twenty-One Thousand Eighty and 00/100 Dollars ($1,621,080.00) for the period commencing on the Seventh Anniversary Date and ending on the Fixed Expiration Date, payable in equal monthly installments of One Hundred Thirty-Five Thousand Ninety and 00/100 Dollars ($135,090.00). Section 1.2. Landlord hereby leases to Tenant and Tenant hereby hires from Landlord the Seventh Floor Space for a term commencing on the Seventh Floor Space Commencement Date and ending on the Fixed Expiration Date at a Fixed Rent of: (1) One Million Four Hundred Fifty-Nine Thousand Six Hundred Eighty- Eight and 00/100 Dollars ($1,459,688.00) for the period commencing on the Seventh Floor Space Rent Commencement Date and ending on the day immediately prior to the Third Anniversary Date, payable in equal monthly installments of One Hundred Twenty-One Thousand Six Hundred Forty and 67/100 Dollars ($121,640.67); (2) One Million Five Hundred Eighty-Eight Thousand Four Hundred Eighty Four and 00/100 Dollars ($1,588,484.00) for the period commencing on the Third Anniversary Date and ending on the day immediately prior to the Seventh Anniversary Date, payable in equal monthly installments of One Hundred Thirty-Two Thousand Three Hundred Seventy-Three and 67/100 Dollars ($132,373.67); and (3) One Million Seven Hundred Seventeen Thousand Two Hundred Eighty and 00/100 Dollars ($1,717,280.00) for the period commencing on the Seventh Anniversary Date and ending on the Fixed Expiration Date, payable in equal monthly installments of One Hundred Forty-Three Thousand One Hundred Six and 67/100 Dollars ($143,106.67). Section 1.3. Tenant agrees to pay the Fixed Rent in lawful money of the United States which shall be legal tender in payment of all debts and dues, public and private, at the time of payment, in equal monthly installments in advance, on the first (1st) day of each calendar month during the Term commencing on the Rent Commencement Date, at the office of Landlord or such other place as Landlord may designate, without any set-off, offset, abatement or deduction whatsoever except as expressly set forth herein, except that Tenant shall pay the first full monthly installment on the execution hereof.Fixed Rent for Space B as follows: