Common use of Expansion Amendment Clause in Contracts

Expansion Amendment. After receipt of the Exercise Notice, Landlord and Tenant shall enter into an amendment of the Lease “Expansion Amendment” acceptable to Landlord and Tenant. Such Expansion Amendment shall provide that from and after the applicable date on which the Refusal Space is leased by Tenant, as set forth in the Third Party Offer (“Expansion Commencement Date”), the Lease shall be deemed modified as follows. (i) Base Rent for the Refusal Space shall be as set forth in the Third Party Offer; (ii) Tenant’s Share applicable to the Refusal Space shall be a fraction, the numerator of which shall be the number of rentable square feet in the Refusal Space and the denominator of which shall be the number of rentable square feet in the Building (as both shall be reasonably determined by Landlord utilizing the same methodology as used to measure the Premises); (iii) Tenant shall accept the Refusal Space in the time, condition and manner described in the Third Party Offer; (iv) Tenant’s lease of the Refusal Space shall be for the term set forth in the Third Party Offer (provided, however, if the term of the Refusal Space is shorter than the term of the Premises, or if the term of the Premises is shorter than the term of the Refusal Space, Tenant may elect to extend the term of the Refusal Space or Premises by simultaneous written notice to Landlord so the term of both the Refusal Space and the Premises are coterminous, and the Fair Market Base Rent shall be determined in accordance with Section 2 above); (v) All other applicable terms and conditions of the Third Party Offer shall modify the Lease; and (vi) For all purposes under the Lease, other than for the applicable calculations set forth above, the term “Premises” shall be deemed to include the Refusal Space.

Expansion Amendment. After receipt of the Exercise Notice, Landlord and Tenant shall enter into an amendment of the Lease “Expansion Amendment” acceptable to Landlord and Tenant. Such Expansion Amendment shall provide that from and after the applicable date on which the Refusal Space is leased by Tenant, as set forth in the Third Party Offer Tenant (“Expansion Commencement Date”), the Lease shall be deemed modified as follows. (i) Base Rent for the Refusal Space shall be as set forth in the Third Party Offer; (ii) Tenant’s Share applicable to the Refusal Space shall be a fraction, the numerator of which shall be the number of rentable square feet in the Refusal Space and the denominator of which shall be the number of rentable square feet in the Building (as both shall be reasonably determined by Landlord utilizing the same methodology as used to measure the PremisesLandlord); (iii) The Base Year applicable to the Refusal Space shall be as set forth in the Third Party Offer; (iv) Tenant shall accept the Refusal Space in the time, condition and manner described in the Third Party Offer; (ivv) Tenant’s lease of the Refusal Space shall be for the term set forth in the Third Party Offer (provided, however, if the term of the Refusal Space is shorter than the term of the Premises, or if the term of the Premises is shorter than the term of the Refusal Space, Tenant may elect to extend the term of the Refusal Space or Premises by simultaneous written notice to Landlord so the term of both the Refusal Space and the Premises are coterminous, and the Fair Market Base Rent shall be determined in accordance with Section 2 above)Offer; (vvi) All other Other applicable terms and conditions of the Third Party Offer shall modify the Lease; and (vivii) For all purposes under the Lease, other than for the applicable calculations set forth above, the term “Premises” shall be deemed to include the Refusal Space.

Expansion Amendment. After receipt of the Exercise Notice, Landlord and Tenant shall enter into an amendment of the Lease (“Expansion Amendment” ”) acceptable to Landlord and Tenant. Such Expansion Amendment shall provide that from and after the applicable date on which the Refusal Space is leased by Tenant, as set forth in the Third Party Offer Tenant (“Expansion Commencement Date”), the Lease shall be deemed modified as follows. (i) Base Rent for the Refusal Space shall be as set forth in the Third Party Offer; (ii) Tenant’s Proportionate Share applicable to the Refusal Space shall be a fraction, the numerator of which shall be the number of rentable square feet in the Refusal Space and the denominator of which shall be the number of rentable square feet in the Building (as both shall be reasonably determined by Landlord utilizing the same methodology as used to measure the PremisesLandlord); (iii) Tenant shall accept the Refusal Space in the time, condition and manner described in the Third Party Offer; (iv) Tenant’s lease of the Refusal Space shall be for the term set forth in the Third Party Offer (provided, however, if the term of the Refusal Space is shorter than the term of the Premises, or if the term of the Premises is shorter than the term of the Refusal Space, Tenant may elect to extend the term of the Refusal Space or Premises by simultaneous written notice to Landlord so the term of both the Refusal Space and the Premises are coterminous, and the Fair Market Base Rent shall be determined in accordance with Section 2 above)Offer; (viv) All other Other applicable terms and conditions of the Third Party Offer shall modify the LeaseLease with respect to Tenant’s lease of the Refusal Space; and (viv) For all purposes under the Lease, other than for the applicable calculations provisions set forth above, the term “Premises” shall be deemed to include the Refusal Space. Notwithstanding anything contained in this subsection (c) to the contrary, in the event a Third Party Offer is received by Landlord during the first year of the Term and Tenant elects to lease the Refusal Space set forth in the Third Party Offer, then Tenant shall lease the Refusal Spare under all of the same terms and conditions as specified in this Lease.