Common use of Effect on Existing Lease After Surrender Date Clause in Contracts

Effect on Existing Lease After Surrender Date. After the Surrender Date, the Existing Lease shall continue in full force and effect for the remainder of the term of the Existing Lease upon and subject to all of the terms and provisions of the Existing Lease, except as amended by this Amendment, including, without limitation, the following modifications of the Existing Lease: (i) the Surrender Space shall cease to be part of the Premises, and the Premises shall consist only of the 000 Xxxxxxxxx Premises and the remainder of the 200 Penobscot Premises (collectively, the “Remaining Space”), and Tenant shall have no right to possession, use or lease of the Surrender Space or any options or other rights with respect to the Surrender Space; (ii) Tenant’s obligation to pay monthly base rent with respect to the Surrender Space shall cease, but the base rent for the Remaining Space shall remain unaffected by this Amendment, and accordingly Tenant’s monthly base rent for the Premises, is changed to the monthly amounts during the respective periods shown in the following table: 02/01/04 - 02/24/04 $84,148.20 $68,562.59 $152,710.79 02/25/04 - 10/24/04 $86,641.48 $68,562.59 $155,204.07 10/25/04 - 02/24/05 $86,641.48 $71,317.81 $157,959.29 (iii) Tenant shall no longer be obligated to pay monthly its proportionate share of Building Operating Expenses accruing after the Surrender Date with respect to the Surrender Space, but Tenant shall continue to pay its proportionate share of Building Operating Expenses accruing after the Surrender Date with respect to the 000 Xxxxxxxxx Premises, which equals 100% as stated in the Original Lease and Tenant shall continue to pay its proportionate share of Building Operating Expenses accruing after the Surrender Date with respect to the remainder of the 200 Penobscot Premises, which equals 37.54%; (iv) Tenant’s proportionate share of Project Operating Expenses shall be 5.8% with respect to the 000 Xxxxxxxxx Premises and 1.972% with respect to the remainder of the 200 Penobscot Premises; (v) Tenant’s proportionate share of Phase Operating Expenses of and attributable to Phase I shall be 10.33% with respect to the 000 Xxxxxxxxx Premises and 3.511% with respect to the remainder of the 200 Penobscot Premises; and (vi) the aggregate number of parking spaces provided for Tenant’s use shall be 103 with respect to the 000 Xxxxxxxxx Premises and 37 with respect to the remainder of the 200 Penobscot Premises.

Effect on Existing Lease After Surrender Date. After the Surrender Date, the Existing Lease shall continue in full force and effect for the remainder of the term of the Existing Lease Term upon and subject to all of the terms and provisions of the Existing Lease, except as amended by this Amendment, including, without limitation, the following modifications of the Existing Lease: (i) the Surrender Space shall cease to be part of the Premises, and the Premises shall consist only of the 000 Xxxxxxxxx Premises and the remainder of the 200 Penobscot Premises (collectively, the “Remaining Space”), and Tenant shall have no right to possession, use or lease of the Surrender Expansion Space A, or any options or other rights with respect to the Expansion Space A, except that Landlord shall allow Tenant access to Expansion Space A after the Surrender SpaceDate for the following: (v) access and use of the server room and the small room next to the server room which contains the fire suppression system, and the relocation of the server room to the Remaining Premises (defined below), which relocation shall be completed by no later than August 1, 2008; (w) general access by employees of Tenant through July 11, 2008; and (x) maintenance and movement of the small switch and T1 line (the location of which is shown on Exhibit D attached hereto) in the server room which shall be completed no later than September 18, 2008. Landlord will instruct its contractor to not cut the T1 line until the earlier of (y) the date the T1 line moved or (z) September 19, 2008. Tenant shall notify Landlord of its desired time(s) of entry to movement of the T1 line and shall submit for Landlord's approval the name(s) of the contractor(s) who will perform such work. All such access and work described in this subsection shall be permitted as long as such entry will not interfere with the timely and orderly construction and completion of the work to be undertaken by Landlord in Expansion Space A. Tenant shall be responsible for and be required to reimburse Landlord for its pro rata share of the electrical costs incurred in Expansion Space A through and until the completion of such relocation of the server room within ten (10) days of demand therefor. Such entry shall be without payment of Monthly Installments of rent or Rent Adjustments, but such entry and all acts and omissions in connection with it are subject to and governed by all other provisions of the Existing Lease, including Tenant's indemnification obligations, insurance obligations, obligations under Sections 6, 13 and 14; (ii) Tenant’s obligation to pay monthly base the regular Monthly Installment of rent with respect and Additional Rent allocable to the Surrender Expansion Space A shall cease, but the base rent for the Remaining Space shall remain unaffected by this Amendment, and accordingly Tenant’s monthly base rent for the Premises, is changed to the monthly amounts during the respective periods shown in the following table: 02/01/04 - 02/24/04 $84,148.20 $68,562.59 $152,710.79 02/25/04 - 10/24/04 $86,641.48 $68,562.59 $155,204.07 10/25/04 - 02/24/05 $86,641.48 $71,317.81 $157,959.29no longer accrue; and (iii) Tenant shall no longer be obligated to pay monthly its proportionate share the rentable area of Building Operating Expenses accruing the Existing Premises is reduced by 32,256 RSF. The premises after the Surrender Date with respect is conclusively presumed to be 32,520 RSF (the Surrender Space, but Tenant shall continue to pay its proportionate share of Building Operating Expenses accruing after the Surrender Date with respect to the “Remaining Premises”) located at 000 Xxxxxxxxx Premises, which equals 100% as stated in the Original Lease and Tenant shall continue to pay its proportionate share of Building Operating Expenses accruing after the Surrender Date with respect to the remainder of the 200 Penobscot Premises, which equals 37.54%; (iv) Tenant’s proportionate share of Project Operating Expenses shall be 5.8% with respect to the 000 Xxxxxxxxx Premises and 1.972% with respect to the remainder of the 200 Penobscot Premises; (v) Tenant’s proportionate share of Phase Operating Expenses of and attributable to Phase I shall be 10.33% with respect to the 000 Xxxxxxxxx Premises and 3.511% with respect to the remainder of the 200 Penobscot Premises; and (vi) the aggregate number of parking spaces provided for Tenant’s use shall be 103 with respect to the 000 Xxxxxxxxx Premises and 37 with respect to the remainder of the 200 Penobscot PremisesX. Xxxxxx Xxxxxx.

Effect on Existing Lease After Surrender Date. After the Surrender Date, the Existing Lease shall continue in full force and effect for the remainder of the term of the Existing Lease upon and subject to all of the terms and provisions of the Existing Lease, except as amended by this Amendment, including, without limitation, the following modifications of the Existing Lease: (i) the Surrender Space shall cease to be part of the Premises, and the Premises shall consist only of the 000 Xxxxxxxxx Premises and the remainder of the 200 Penobscot Premises (collectively, the “Remaining Building 3 Space”), and Tenant shall have no right to possession, use or lease of the Surrender Space or any options or other rights with respect to the Surrender Space; (ii) Tenant’s obligation to pay monthly base rent with respect to the Surrender Space shall cease, but the base rent for the Remaining Building 3 Space shall remain unaffected by this Amendment, and accordingly Tenant’s monthly base rent for the Premises, is changed to the monthly amounts during the respective periods shown in the following table: 02/01/04 day after Surrender Date - 02/24/04 12/10/02 $84,148.20 26,825.69 12/11/02 - 12/10/03 $68,562.59 $152,710.79 02/25/04 - 10/24/04 $86,641.48 $68,562.59 $155,204.07 10/25/04 - 02/24/05 $86,641.48 $71,317.81 $157,959.2927,625.35 (iii) Tenant shall no longer be obligated to pay monthly its proportionate share of Building Operating Expenses accruing after the Surrender Date with respect to the Surrender Space, but Tenant shall continue to pay its proportionate share of Building Operating Expenses accruing after the Surrender Date with respect to the 000 Xxxxxxxxx PremisesBuilding 3 Space, which equals 100% twenty-nine percent (29%) as stated in the Original Lease and Tenant shall continue to pay its proportionate share of Building Operating Expenses accruing after the Surrender Date with respect to the remainder of the 200 Penobscot Premises, which equals 37.54%Third Amendment; (iv) Tenant’s proportionate share of Project Operating Expenses shall be 5.8% with respect to (as defined in the 000 Xxxxxxxxx Premises and 1.972% with respect to Third Amendment, as the remainder percentage obtained by dividing the aggregate rentable square footage of the 200 Penobscot PremisesPremises located in the Project by the total rentable square footage of the Project) shall change to two and 76/1000 percent (2.076%); (v) Tenant’s proportionate share of Phase Operating Expenses of and attributable to Phase I shall be 10.33% with respect to (as defined in the 000 Xxxxxxxxx Premises and 3.511% with respect to Third Amendment, as the remainder percentage obtained by dividing the aggregate rentable square footage of the 200 Penobscot PremisesPremises located in Phase I by the total rentable square footage of Phase I) shall change to three and 697/1000 percent (3.697%); and (vi) the aggregate number of parking spaces provided for Tenant’s use shall be 103 with respect is reduced to the 000 Xxxxxxxxx Premises and 37 with respect to the remainder of the 200 Penobscot Premisesthirty-four (34).

Effect on Existing Lease After Surrender Date. After the Surrender Date, the Existing Lease shall continue in full force and effect for the remainder of the term of the Existing Lease Term upon and subject to all of the terms and provisions of the Existing Lease, except as amended by this Amendment, including, without limitation, the following modifications of the Existing Lease: (i) the Surrender Space shall cease to be part of the Premises, and the Premises shall consist only of the 000 Xxxxxxxxx Premises and the remainder of the 200 Penobscot Premises (collectively, the “Remaining Space”), and Tenant shall have no right to possession, use or lease of the Surrender Expansion Space A, or any options or other rights with respect to the Expansion Space A, except that Landlord shall allow Tenant access to Expansion Space A after the Surrender SpaceDate for the following: (v) access and use of the server room and the small room next to the server room which contains the fire suppression system, and the relocation of the server room to the Remaining Premises (defined below), which relocation shall be completed by no later than August 1, 2008; (w) general access by employees of Tenant through July 11, 2008; and (x) maintenance and movement of the small switch and T1 line (the location of which is shown on Exhibit D attached hereto) in the server room which shall be completed no later than September 18, 2008. Landlord will instruct its contractor to not cut the T1 line until the earlier of (y) the date the T1 line moved or (z) September 19, 2008. Tenant shall notify Landlord of its desired time(s) of entry to movement of the T1 line and shall submit for Landlord's approval the name(s) of the contractor(s) who will perform such work. All such access and work described in this subsection shall be permitted as long as such entry will not interfere with the timely and orderly construction and completion of the work to be undertaken by Landlord in Expansion Space A. Tenant shall be responsible for and be required to reimburse Landlord for its pro rata share of the electrical costs incurred in Expansion Space A through and until the completion of such relocation of the server room within ten (10) days of demand therefor. Such entry shall be without payment of Monthly Installments of rent or Rent Adjustments, but such entry and all acts and omissions in connection with it are subject to and governed by all other provisions of the Existing Lease, including Tenant's indemnification obligations, insurance obligations, obligations under Sections 6, 13 and 14; (ii) Tenant’s obligation to pay monthly base the regular Monthly Installment of rent with respect and Additional Rent allocable to the Surrender Expansion Space A shall cease, but the base rent for the Remaining Space shall remain unaffected by this Amendment, and accordingly Tenant’s monthly base rent for the Premises, is changed to the monthly amounts during the respective periods shown in the following table: 02/01/04 - 02/24/04 $84,148.20 $68,562.59 $152,710.79 02/25/04 - 10/24/04 $86,641.48 $68,562.59 $155,204.07 10/25/04 - 02/24/05 $86,641.48 $71,317.81 $157,959.29no longer accrue; and (iii) Tenant shall no longer be obligated to pay monthly its proportionate share the rentable area of Building Operating Expenses accruing the Existing Premises is reduced by 32,256 RSF. The premises after the Surrender Date with respect is conclusively presumed to be 32,520 RSF (the Surrender Space, but Tenant shall continue to pay its proportionate share of Building Operating Expenses accruing after the Surrender Date with respect to the "Remaining Premises") located at 000 Xxxxxxxxx Premises, which equals 100% as stated in the Original Lease and Tenant shall continue to pay its proportionate share of Building Operating Expenses accruing after the Surrender Date with respect to the remainder of the 200 Penobscot Premises, which equals 37.54%; (iv) Tenant’s proportionate share of Project Operating Expenses shall be 5.8% with respect to the 000 Xxxxxxxxx Premises and 1.972% with respect to the remainder of the 200 Penobscot Premises; (v) Tenant’s proportionate share of Phase Operating Expenses of and attributable to Phase I shall be 10.33% with respect to the 000 Xxxxxxxxx Premises and 3.511% with respect to the remainder of the 200 Penobscot Premises; and (vi) the aggregate number of parking spaces provided for Tenant’s use shall be 103 with respect to the 000 Xxxxxxxxx Premises and 37 with respect to the remainder of the 200 Penobscot PremisesX. Xxxxxx Xxxxxx.