Common use of Existing Tenant Clause in Contracts

Existing Tenant. As of the date of this Agreement the Third Expansion ---------------- Premises are occupied by a tenant (the "Existing Tenant") pursuant to a lease which expires April 30, 2001. Landlord agrees to use good faith efforts to enter into a partial lease termination agreement with the Existing Tenant and to deliver possession of the Third Expansion Premises to Tenant on or before January 31, 2000 (the "Scheduled Third Expansion Premises Commencement Date"), but Landlord shall not be liable for any claims, damages or liabilities if Landlord does not enter into a partial lease termination agreement for the Third Expansion Premises with the Existing Tenant, and Landlord is unable to deliver possession of the Third Expansion Premises to Tenant prior to the Scheduled Third Expansion Premises Commencement Date. Notwithstanding anything to the contrary contained in this Agreement, if Landlord has not delivered possession of the Third Expansion Premises to Tenant on or before February 29, 2000, then Tenant may terminate this Agreement by written notice to Landlord, such notice of termination to be given, if at all, on or before March 10, 2000. If Tenant terminates this Agreement pursuant to the provisions of the immediately preceding sentence, then the L/C (as defined below) delivered by Tenant to Landlord in connection with this Agreement shall immediately become invalid, and within ten (10) days after Landlord receives such notice from Tenant terminating this Agreement, Landlord shall return to Tenant (a) the original L/C, and (b) all Base Rent paid by Tenant to Landlord under this Agreement.

Existing Tenant. As of Tenant acknowledges and agrees that the date of this Agreement the Third Expansion ---------------- Premises are Additional Space --------------- is leased and occupied by a an existing tenant (the "Existing Tenant") pursuant to in accordance with a lease which expires April 30December 31, 20012000. Landlord agrees to use good faith efforts to enter into a partial lease termination agreement with regain possession of the Additional Space from the Existing Tenant and to deliver possession of the Third Expansion Premises Additional Space to Tenant on within thirty (30) days following the date Landlord and Tenant fully execute this Amendment. If, despite Landlords good faith efforts, Landlord is unable to deliver possession of the Additional Space to Tenant within thirty (30) days following the date Landlord and Tenant fully execute this Amendment, Landlord or before January 31, 2000 (Tenant shall each have the "Scheduled Third Expansion Premises Commencement Date"), but right to terminate this Amendment by providing written notice of termination to the other and this Amendment shall be of no further force and effect upon the parties hereto. Such right of termination shall constitute Tenant's sole remedy for Landlord's failure to deliver possession of the Additional Space. Landlord shall not be liable for any claims, damages or liabilities if Landlord does not enter into a partial lease termination agreement for the Third Expansion Premises with the Existing Tenant, and Landlord is unable to deliver possession of the Third Expansion Premises Additional Space to within thirty (30) days following the date Landlord and Tenant prior to fully execute this Amendment. In the Scheduled Third Expansion Premises Commencement Date. Notwithstanding anything to the contrary contained in this Agreement, if event Landlord has not delivered tenders possession of the Third Expansion Premises Additional Space to Tenant on or before February 29, 2000, then Tenant may terminate this Agreement by written notice to Landlord, such notice of termination to be given, if at all, on or before March 10, 2000. If Tenant terminates this Agreement pursuant to the provisions of the immediately preceding sentence, then the L/C (as defined below) delivered by Tenant to Landlord in connection with this Agreement shall immediately become invalidTenant, and within ten Tenant accepts possession thereof, following thirty (1030) days after the date Landlord receives such notice from and Tenant terminating fully execute this AgreementAmendment, Landlord Tenant's right to terminate this Amendment shall return to Tenant (a) the original L/C, and (b) all Base Rent paid by Tenant to Landlord under this Agreementbecome void.

Existing Tenant. As Tenant acknowledges that the Plaza III Sixth Floor Space is subject to an existing lease and Landlord will not be able to deliver the Plaza III Sixth Floor Space to Tenant until such lease expires or terminates and the occupant of the Plaza III Sixth Floor Space vacates the same. Landlord has advised Tenant that such lease for the Plaza III Sixth Floor Space is scheduled to terminate on April 30, 2000; however, Tenant agrees that if Landlord delivers vacant, broom-clean possession of the Plaza III Sixth Floor Space to Tenant prior to April 30, 2000, such earlier date of delivery shall be the Plaza III Sixth Floor Space Possession Date; provided, that in no event shall such earlier date of delivery be earlier than five (5) days after Landlord gives to Tenant notice of the date on which Landlord anticipates that the Plaza III Sixth Floor Space shall be so delivered to Tenant (unless Tenant or anyone claiming under or through Tenant first occupies the Plaza III Sixth Floor Space for the performance of this Agreement its work therein or any other purpose prior to the Third Expansion ---------------- Premises are occupied giving of such notice by a Landlord or the expiration of such 5-day period). If any tenant (in the "Existing Tenant") pursuant to a lease which expires Plaza III Sixth Floor Space shall holdover beyond April 30, 20012000, Landlord shall use reasonable efforts (including the prompt commencement and diligent prosecution of summary proceedings) to terminate such holdover tenancy. Notwithstanding anything to contrary contained in the Lease, Tenant agrees that Tenant shall have no claim against Landlord, and Landlord agrees shall have no liability to use good faith efforts to enter into a partial lease termination agreement with the Existing Tenant and for any failure or delay to deliver possession of the Third Expansion Premises Plaza III Sixth Floor Space pursuant to Tenant the terms hereof on the anticipated availability date or before January 31any other specific date and the validity of the Lease, 2000 (the "Scheduled Third Expansion Premises Commencement Date")as amended hereby, but Landlord shall not be liable for any claims, damages or liabilities if Landlord does not enter into a partial lease termination agreement for impaired under such circumstances nor shall the Third Expansion Premises with same be construed to extend the Existing Tenant, and Landlord is unable to deliver possession of the Third Expansion Premises to Tenant prior to the Scheduled Third Expansion Premises Commencement Date. Notwithstanding anything to the contrary contained in this Agreement, if Landlord has not delivered possession of the Third Expansion Premises to Tenant on or before February 29, 2000, then Tenant may terminate this Agreement by written notice to Landlord, such notice of termination to be given, if at all, on or before March 10, 2000. If Tenant terminates this Agreement pursuant to the provisions of the immediately preceding sentence, then the L/C (as defined below) delivered by Tenant to Landlord in connection with this Agreement shall immediately become invalid, and within ten (10) days after Landlord receives such notice from Tenant terminating this Agreement, Landlord shall return to Tenant (a) the original L/C, and (b) all Base Rent paid by Tenant to Landlord under this AgreementPlaza III Sixth Floor Space Term.

Existing Tenant. As (a) Tenant acknowledges that as of the date of this Agreement the Third Expansion ---------------- Premises are occupied by a tenant Lease, American Intercontinental University, Inc. (the "Existing Tenant") is the tenant currently occupying the Leased Premises pursuant to a lease which expires April 30between Landlord and the Existing Tenant (the "Existing Lease"). Upon execution of this Lease by both Tenant and Landlord, 2001. Landlord agrees to use reasonable good faith efforts to enter into a partial lease termination agreement an amendment with the Existing Tenant, pursuant to which (i) the Existing Tenant's right to occupy the Phase I Premises shall terminate as of December 31, 2014 (the "Vacation Date"), (ii) the Existing Tenant shall vacate the Phase I Premises on or before the Vacation Date, (iii) the Existing Lease will terminate effective on or before July 31, 2015 (the "Existing Lease Termination Date"), and (iv) the Existing Tenant shall vacate the Phase II Premises on or before the Existing Lease Termination Date. (b) Provided that the Existing Tenant refuses or fails to vacate the Phase I Premises, or any portion thereof, and Landlord fails to deliver possession of the Third Expansion Phase I Premises to Tenant in accordance with the terms of this Lease, on or before January the March 31, 2000 2015, Tenant may, at its option and as its sole remedy, terminate this Lease by written notice to Landlord given on or before April 15, 2015 (provided that the "Scheduled Third Expansion Premises Commencement Date"contingencies set forth in this sentence have not been satisfied prior to Landlord's receipt of said termination notice), but and thereafter neither Landlord nor Tenant shall have any further obligations hereunder, except that Landlord shall refund any and all payments made by Tenant to Landlord pursuant to this Lease, including, but not be liable for limited to, the Security Deposit and any claimspre-paid Rent, damages within thirty (30) days following Landlord's receipt of such termination notice. Except as set forth in this Section 17.01(b), no liability whatsoever shall arise or liabilities if accrue against Landlord does not enter into a partial lease termination agreement for by reason of the Third Expansion Premises with failure of Existing Tenant to vacate the Existing TenantLeased Premises, and or Landlord is unable to deliver possession of the Third Expansion Phase I Premises to Tenant prior to the Scheduled Third Expansion Premises Commencement Date. Notwithstanding anything to the contrary contained in this Agreement, if Landlord has not delivered possession of the Third Expansion Premises to Tenant on or before February 29, 2000, then Tenant may terminate this Agreement by written notice to Landlord, such notice of termination to be given, if at all, on or before March 10, 2000. If Tenant terminates this Agreement pursuant to the provisions of the immediately preceding sentence, then the L/C (as defined below) delivered by Tenant to Landlord in connection with this Agreement shall immediately become invalid, and within ten (10) days after Landlord receives such notice from Tenant terminating this Agreement, Landlord shall return to Tenant (a) the original L/C, and (b) all Base Rent paid by Tenant to Landlord under this AgreementTenant.

Existing Tenant. As of Notwithstanding anything contained herein or in the date of this Agreement Lease to the Third Expansion ---------------- contrary, Tenant acknowledges that it has been informed by Landlord that the 3rd Floor Premises are presently occupied by another tenant, Eden Apparel Group, Inc. (d/b/a tenant “Playknits”) (the "“Existing Tenant") pursuant to ”), under a lease agreement (the “Existing Lease”) which expires April 30is to expire by its terms after July 1, 20012008. Tenant further acknowledges that it has been informed by Landlord agrees to use good faith efforts to enter into a partial lease termination agreement with that the Existing Tenant has entered into a Surrender Agreement with Landlord pursuant to which Tenant has agreed to vacate and surrender to deliver Landlord possession of the Third Expansion 3rd Floor Premises prior to July 1, 2008. Landlord and Tenant agree that if the Existing Tenant shall fail to vacate and surrender possession of the 3rd Floor Premises to Tenant Landlord on or before January 31prior to July 1, 2000 (the "Scheduled Third Expansion Premises Commencement Date")2008, but and, solely as a result, Landlord shall not be liable for any claims, damages or liabilities if Landlord does not enter into a partial lease termination agreement for the Third Expansion Premises with the Existing Tenant, and Landlord is unable to deliver possession of the Third Expansion 3rd Floor Premises to Tenant prior as required by the Lease and this Agreement on or before July 1, 2008, then Landlord shall not be subject to any liability for such failure and the Lease and this Agreement shall remain in full force and effect without extension of the term; however, in such event, Tenant’s obligation to pay Fixed Annual Rent and Additional Rent under the Lease and hereunder with respect to the Scheduled Third Expansion 3rd Floor Premises Commencement Dateshall not commence until possession of the 3rd Floor Premises is delivered to Tenant in the condition required by the Lease and this Agreement, or on such earlier date, if any, as Tenant or anyone claiming through Tenant shall occupy or accept possession of the Premises. Further, in the event that such Existing Tenant shall fail to vacate and surrender possession of the 3rd Floor Premises to Landlord on or before July 1, 2008, upon Landlord’s recovery of actual and lawful possession of the 3rd Floor Premises, Landlord shall furnish Tenant with prompt notice thereof. Notwithstanding anything contained herein to the contrary contained contrary, in this Agreement, if the event that Landlord has not delivered possession of shall be unable to deliver the Third Expansion 3rd Floor Premises to Tenant with Landlord’s Work Substantially Completed on or before February 29August 1, 20002008, then Tenant may shall have the right to terminate this Agreement by written notice the Lease, with regard to Landlord, such notice of termination to be given, if at allthe 3rd Floor Premises only, on notice (“Tenant’s Termination Notice”) given to Landlord within fourteen (14) days thereafter (the “Termination Notice Period”), in which event the Lease shall terminate as of August 15, 2008 and be of no further force or before March 10, 2000. If Tenant terminates this Agreement pursuant effect with regard to the 3rd Floor Premises only, except with regard to those provisions of hereof that are specifically stated to survive the expiration or termination hereof. However, and notwithstanding anything contained in the immediately preceding sentencesentence to the contrary, in the event that Landlord shall tender delivery of the 3rd Floor Premises to Tenant with Landlord’s Work Substantially Completed during the Termination Notice Period, then Tenant’s Termination Notice shall be null and void and the L/C (as defined below) delivered by Tenant Lease shall remain in full force and effect with regard to Landlord in connection with this Agreement shall immediately become invalidthe entire Premises, and within ten (10) days after Landlord receives such notice from Tenant terminating this Agreementincluding, Landlord shall return to Tenant (a) without limitation, the original L/C, and (b) all Base Rent paid by Tenant to Landlord under this Agreement3rd Floor Premises.