Common use of Expansion of Leased Premises Clause in Contracts

Expansion of Leased Premises. (a) Commencing on September 1, 2007 (the "Expansion Date"), the Leased Premises shall be automatically expanded to include approximately twenty-six thousand seventy-two (26,072) square feet of Net Rentable Area on Xxxxx 00 of the Building, as shown on Exhibit A attached hereto and made a part hereof (the "First Amendment Expansion Premises"); provided that, the Expansion Date shall occur (if at all) no earlier than the date upon which the Washington Mutual Lease Amendment (defined in Paragraph 10 hereof) has been executed, as set forth in Paragraph 10 of this Amendment. Upon the Expansion Date, the Leased Premises shall contain a total of seventy-seven thousand six hundred fifty-four (77,654) square feet of Net Rentable Area. (b) The First Amendment Expansion Premises shall be added to and become part of the Leased Premises for all purposes of the Lease without any further action on behalf of Landlord or Tenant and shall be subject to all of the terms and conditions of the Lease applicable to the Leased Premises, including, without limitation, Tenant's obligation to pay Base Rental and Tenant's Basic Cost Adjustment in accordance with Article III of the Lease, subject to the modifications contained in this Amendment. (c) The lease term for all of the First Amendment Expansion Premises shall commence upon the Expansion Date and shall expire on the date upon which the Lease expires as to the remainder of the Leased Premises, as extended by this Amendment. (d) As used herein, "First Amendment Expansion Premises I" shall mean the portion of the First Amendment Expansion Premises containing seventeen thousand two hundred eighty-six (17,286) square feet of Net Rentable Area, and "First Amendment Expansion Premises II" shall mean the portion of the First Amendment Expansion Premises containing eight thousand seven hundred eighty-six thousand (8,786) square feet of Net Rentable Area. First Amendment Expansion Premises I and First Amendment Expansion Premises II collectively make up the First Amendment Expansion Premises.

Expansion of Leased Premises. (a) Commencing Landlord and Tenant presently anticipate that possession of the 1090 Expansion Premises will be tendered to Tenant on September 1, 2007 2006 (the "“Estimated Delivery Date”). If Landlord is unable to tender possession of the 1090 Expansion Premises to Tenant by the Estimated Delivery Date"), then (i) the Leased validity of the Lease and/or this Amendment shall not be affected or impaired thereby, (ii) Landlord shall not be in default under the Lease and/or this Amendment or be liable for damages therefor, and (iii) Tenant shall accept possession of the 1090 Expansion Premises on the date Landlord tenders possession thereof to Tenant, which date shall be automatically expanded to include approximately twenty-six thousand seventy-two (26,072) square feet of Net Rentable Area on Xxxxx 00 of the Building, as shown on Exhibit A attached hereto and made a part hereof (“1090 Expansion Premises Commencement Date”. By occupying the "First Amendment 1090 Expansion Premises"); provided that, Tenant shall be deemed to have accepted the 1090 Expansion Date shall occur (if at all) no earlier than Premises “as is”, “where is” and with all faults, on and subject to the date upon which the Washington Mutual Lease Amendment (defined in Paragraph 10 hereof) has been executed, as terms and conditions set forth in Paragraph 10 of this Amendment. Upon the Expansion Date, the Leased Premises shall contain a total of seventy-seven thousand six hundred fifty-four (77,654) square feet of Net Rentable Area. (b) The First Amendment Expansion Premises shall be added to and become part of the Leased Premises for all purposes of the Lease without any further action on behalf of Landlord or Tenant and shall be subject to all of the terms and conditions of the Lease applicable to the Leased Premises, including, without limitation, Tenant's obligation to pay Base Rental and Tenant's Basic Cost Adjustment in accordance with Article III 2.5 of the Lease, subject only to the modifications contained in this Amendment.following: (ci) The lease term for all Landlord shall, at Landlord’s sole expense without possibility of reimbursement from Tenant, repair or replace any components of the First Amendment Building’s Systems (as defined below) which (1) are not in good working condition for reasons other than the acts or omissions of Tenant or any of its employees, contractors, invitees, agents or other representatives (including any alterations of the applicable Building’s Systems by or on behalf of Tenant, whether in connection with the Tenant Improvements work or otherwise) and (2) Tenant, acting reasonably and in good faith, specifically identifies and describes as not being in good working condition in a written notice delivered to Landlord within thirty (30) days after the 1090 Expansion Premises Commencement Date (the “Warranty Period”), it being understood that, except for any components of the Building’s Systems so identified and described by Tenant before expiration of the Warranty Period, the Building’s Systems and the 1090 Expansion Premises shall commence upon the Expansion Date and shall expire on the date upon which the Lease expires as to the remainder of the Leased Premises, as extended by this Amendment. (d) As used herein, "First Amendment Expansion Premises I" shall mean the portion of the First Amendment Expansion Premises containing seventeen thousand two hundred eighty-six (17,286) square feet of Net Rentable Area, and "First Amendment Expansion Premises II" shall mean the portion of the First Amendment Expansion Premises containing eight thousand seven hundred eighty-six thousand (8,786) square feet of Net Rentable Area. First Amendment Expansion Premises I and First Amendment Expansion Premises II collectively make up the First Amendment Expansion Premises.be

Expansion of Leased Premises. Pursuant to the Lease, the Premises will automatically expand on May 1, 2026 to incorporate an additional 23,821 rentable square feet of space (the “Expansion Space”), subject to Landlord’s performance of the Landlord’s Work (as defined in Section 5.1 and Exhibit C of the Lease). For avoidance of doubt, Xxxxxxxx is only required to spend One Million Three Hundred Ten Thousand, One Hundred Fifty-Five and NO/100 Dollars ($1,310,155.00) on the Expansion Space (the “Landlord’s Expansion Work Cap”). The Parties desire the flexibility to incorporate the Expansion Space into the Premises before May 1, 2026 and to have Landlord begin the Landlord’s Work on the Expansion Space in order to accommodate this request. Therefore, as of the Effective Date, the Lease is amended as follows: (a) Commencing on September 1Section 1.1, 2007 (Floor Area of the "Expansion Date"), Premises is hereby deleted in its entirety and replaced with the Leased Premises shall following: “Floor Area of the Premises: Agreed to be automatically expanded to include approximately twenty-six thousand seventy-two (26,072) 20,856 rentable square feet of Net Rentable Area on Xxxxx 00 space in the Unit, as hereafter defined, for the first thirty-six months of the BuildingTerm. On the earlier of May 1, 2026 or the date Landlord notifies Tenant that Landlord’s Work regarding the Expansion Space (as shown on Exhibit A defined in the First Amendment to Lease Agreement) is Substantially Complete (the “Expansion Date”), an additional 23,821 rentable square feet of space in the Unit shall be added to the Premises, so that the total rentable square feet of the Premises is 44,677 (“Expanded Premises”). As of the Expansion Date, all references to the “Premises” or the “Leased Premises” in the Lease shall be deemed to mean the Expanded Premises, unless such reference would be illogical or inconsistent with the provisions of the Lease. Landlord and Tenant shall execute a written instrument certifying the Expansion Date in the form attached hereto and made a part hereof incorporated herein as Exhibit B-1, within thirty (30) days after the "First Amendment Expansion Premises"); provided thatDate, but the failure by either party to execute and deliver such memorandum shall have no effect on the Expansion Date, as herein above determined. Subject to Section 1.3(c) of the Lease, Landlord anticipates the Expansion Date shall occur be no later than one hundred eighty (if at all180) no earlier than days after receipt of a Building Permit for the date Landlord’s Work related to the Expansion Space. Landlord shall promptly begin the Landlord’s Work for the Expansion Space upon which receipt of written direction (which, notwithstanding anything to the Washington Mutual Lease Amendment (defined in Paragraph 10 hereof) has been executed, as contrary set forth in Paragraph 10 herein, may be given by electronic mail only) from [***] of this Amendment. Upon the Expansion Date, the Leased Premises shall contain a total of seventy-seven thousand six hundred fifty-four (77,654) square feet of Net Rentable AreaTenant that Landlord should begin such Landlord’s Work.” (b) The First Amendment Expansion Premises first sentence of Section 1.2(d) is deleted in its entirety and replaced with the following: “Tenant shall be added to provided with forty-two parking passes until the Expansion Date and become part thereafter a total of the Leased Premises for all purposes of the Lease without any further action on behalf of Landlord or Tenant and shall be subject to all of the terms and conditions of the Lease applicable to the Leased Premises, including, without limitation, Tenant's obligation to pay Base Rental and Tenant's Basic Cost Adjustment in accordance with Article III of the Lease, subject to the modifications contained in this Amendmenteighty-nine (89) parking passes.” (c) The lease term for all last sentence of Section 2.2 is deleted in its entirety and replaced with the First Amendment Expansion Premises shall commence upon following: “Therefore, Tenant’s Proportionate Share will be 15.99% until the Expansion Date and shall expire on the date upon which the Lease expires as to the remainder of the Leased Premises, as extended by this Amendmentthereafter 34.25%.” (d) As used hereinThe Basic Rent table set forth in Section 2.3 of the Lease will need to be revised based on the determination of the Expansion Date. The revised Basic Rent Table shall be set forth in the Confirmation of Amendment Provisions, "First Amendment the form of which is attached hereto and incorporated herein as Exhibit B-1. (e) The following is added as a new sub-paragraph in Section 2.3: “In the event that the Expansion Premises I" Date is other than a first day of a calendar month, for purposes of calculating the Basic Rent payments owed pursuant to this Section 2.3 the “first month” of the Term after the Expansion Date shall be deemed to mean the portion number of days between the First Amendment Expansion Premises containing seventeen thousand two hundred eighty-six Date and the last day of such calendar month plus the next full calendar month.” (17,286f) square feet The first sentence of Net Rentable Area, Section 13.29(a) is deleted in its entirety and "First Amendment Expansion Premises II" shall mean replaced with the portion of the First Amendment Expansion Premises containing eight thousand seven hundred eighty-six thousand (8,786) square feet of Net Rentable Area. First Amendment Expansion Premises I and First Amendment Expansion Premises II collectively make up the First Amendment Expansion Premises.following:

Expansion of Leased Premises. (a) Commencing on September 1, 2007 (the "Expansion Date"), the The Leased Premises shall be automatically expanded to include the approximately twenty-six thousand seventy-two (26,072) 27,034 square feet of Net Rentable Area on Xxxxx 00 of the Building, as shown Building identified on Exhibit A "A", attached hereto and made a part hereof hereof, (the "First Amendment Expansion Additional Premises"); provided that, the Expansion Date shall occur (if at all) no earlier than the date upon which the Washington Mutual Lease Amendment (defined in Paragraph 10 hereof) has been executed, as set forth in Paragraph 10 of this Amendment. Upon the Expansion Dateinclusion of the Additional Premises in the original Leased Premises, the total area of the Leased Premises shall contain a total of seventy-seven thousand six hundred fifty-four (77,654) be 86,757 square feet for all purposes under this Lease. Lessor shall deliver the Additional Premises to Lessee when Lessor has completed the improvements set forth on Exhibit "B", attached hereto and made a part hereof, ("Lessor's Improvements") except for minor punch list items. The date of Net Rentable Area. (b) the delivery of the Additional Premises is hereinafter referred to as the "Commencement Date of the Additional Premises". The tentative Commencement Date of the Additional Premises is November 1, 2003. This date is contingent upon Lessor's ability to negotiate an early termination of the lease under which Novinger, Inc. currently occupies a portion of the Additional Premxxxx, Xxssor's timely receipt of all necessary permits and approvals to complete Lessor's Improvements, and the execution of this First Amendment Expansion by Lessee on or before September 19, 2003. Upon the delivery of the Additional Premises, Lessor and Lessee shall execute a written confirmation establishing the Commencement Date of the Additional Premises. Within two (2) business days of Lessor's notice of tendering delivery of the Additional Premises to Lessee, Lessor and Lessee shall mutually establish the "punch list" by a joint walk though of the Additional Premises. Lessor shall complete the punch list items within thirty (30) days of the punch list being established, unless thirty days is an insufficient period of time for completion of an item, and in which event the parties shall establish a period greater than thirty (30) days. The Additional Premises shall be added constructed in a good and workmanlike manner using new materials, and in compliance with all applicable laws and other governmental requirements, including the Americans With Disabilities Act; provided that Lessee shall be responsible for bringing the Additional Premises in compliance with the Americans With Disabilities Act to and become part the extent such requirements result from Lessee's specific use of the Leased Premises for all purposes of the Lease without any further action on behalf of Landlord or Tenant and shall be subject to all of the terms and conditions of the Lease applicable to the Leased Premises, including, without limitation, Tenant's obligation to pay Base Rental and Tenant's Basic Cost Adjustment in accordance with Article III of the Lease, subject to the modifications contained in this Amendment. (c) The lease term for all of the First Amendment Expansion Premises shall commence upon the Expansion Date and shall expire on the date upon which the Lease expires as to the remainder of the Leased Premises, as extended by this Amendment. (d) As used herein, "First Amendment Expansion Premises I" shall mean the portion of the First Amendment Expansion Premises containing seventeen thousand two hundred eighty-six (17,286) square feet of Net Rentable Area, and "First Amendment Expansion Premises II" shall mean the portion of the First Amendment Expansion Premises containing eight thousand seven hundred eighty-six thousand (8,786) square feet of Net Rentable Area. First Amendment Expansion Premises I and First Amendment Expansion Premises II collectively make up the First Amendment Expansion Additional Premises.

Expansion of Leased Premises. (a) Commencing on September 1, 2007 (the "Expansion Date"), the The Leased Premises shall be automatically expanded to include the approximately twenty-six thousand seventy-two (26,072) 54,935 square feet of Net Rentable Area on Xxxxx 00 of the Building, as shown Building identified on Exhibit A "A", attached hereto and made a part hereof hereof, (the "First Amendment Expansion Additional Premises"); provided that, the Expansion Date shall occur (if at all) no earlier than the date upon which the Washington Mutual Lease Amendment (defined in Paragraph 10 hereof) has been executed, as set forth in Paragraph 10 of this Amendment. Upon the Expansion Dateinclusion of the Additional Premises in the current Leased Premises, the total area of the Leased Premises shall contain a total of seventy-seven thousand six hundred fifty-four (77,654) be 141,692 square feet for all purposes under this Lease. Lessor shall deliver the Additional Premises to Lessee when Lessor has completed the improvements set forth on Exhibit "B", attached hereto and made a part hereof, ("Lessor's Improvements"), except for minor punch list items. The date of Net Rentable Area. the delivery of the Additional Premises is hereinafter referred to as the "Delivery Date of the Additional Premises". The tentative Delivery Date of the Additional Premises is December 1, 2004. This date is contingent upon Lessor's timely receipt of all necessary permits and approvals to complete Lessor's Improvements and the execution of this Second Amendment by Lessee on or before October 27th, 2004. Within two (b2) business days of Lessor's notice of tendering delivery of the Additional Premises to Lessee, Lessor and Lessee shall mutually establish the "punch list" by a joint walk though of the Additional Premises. Lessor shall complete the punch list items within thirty (30) days of the punch list being established, unless thirty days is an insufficient period of time for completion of an item, and in which event the parties shall establish a period greater than thirty (30) days. The First Amendment Expansion Additional Premises shall be added constructed in a good and workmanlike manner using new materials, and in compliance with all applicable laws and other governmental requirements, including the Americans With Disabilities Act; provided that Lessee shall be responsible for bringing the Additional Premises in compliance with the Americans With Disabilities Act to and become part the extent such requirements result from Lessee's specific use of the Leased Premises for all purposes of the Lease without any further action on behalf of Landlord or Tenant and shall be subject to all of the terms and conditions of the Lease applicable to the Leased Premises, including, without limitation, Tenant's obligation to pay Base Rental and Tenant's Basic Cost Adjustment in accordance with Article III of the Lease, subject to the modifications contained in this Amendment. (c) The lease term for all of the First Amendment Expansion Premises shall commence upon the Expansion Date and shall expire on the date upon which the Lease expires as to the remainder of the Leased Premises, as extended by this Amendment. (d) As used herein, "First Amendment Expansion Premises I" shall mean the portion of the First Amendment Expansion Premises containing seventeen thousand two hundred eighty-six (17,286) square feet of Net Rentable Area, and "First Amendment Expansion Premises II" shall mean the portion of the First Amendment Expansion Premises containing eight thousand seven hundred eighty-six thousand (8,786) square feet of Net Rentable Area. First Amendment Expansion Premises I and First Amendment Expansion Premises II collectively make up the First Amendment Expansion Additional Premises.