Common use of Expansion of Leased Premises Clause in Contracts

Expansion of Leased Premises. 16.1 Within five (5) business days of each anniversary or semi-anniversary of the Lease Commencement Date (i.e. every six (6) months following the Lease Commencement Date), Tenant shall provide written notice to Landlord of its need for additional office space for the upcoming Lease year in order to operate the semiconductor wafer fabrication business. Landlord shall use reasonable efforts to make such space, up to a maximum of 40,000 rentable square feet in the Building in the aggregate over the Lease Term (the "Additional Office Space") (which is in addition to the Leased Premises originally identified herein), available to Tenant when requested, provided that the following conditions shall apply: (a) In the event Landlord needs to move employees in order to make any Additional Office Space available to Tenant, (1) Tenant shall pay all costs of moving and relocating such employees and (2) in the event Landlord is required to lease additional space to house such employees, Tenant shall pay fair market base rent (the determination of which shall take into account Tenant's obligation to pay Expense Rent hereunder) for the Additional Office Space or portion thereof corresponding to the additional space Landlord was required to lease to house such employees. (b) Except as set forth in subparagraph (a) above, Additional Office Space shall be leased to Tenant upon the same terms and conditions contained in this Lease, provided that Tenant's Pro Rata Share in this Lease and the El Capitan Lease shall be adjusted accordingly to take into account the additional space leased to Tenant in the Building; (c) Tenant shall not be entitled to sublease any of the Additional Office Space; (d) Tenant is not then in default under any of the terms and conditions of this Lease; and (e) Landlord and Tenant shall execute an amendment to this Lease to reflect the addition of the Additional Office Space on the terms set forth herein.

Expansion of Leased Premises. 16.1 Within five (5) business days of each anniversary or semi-anniversary of the Lease Commencement Date (i.e. every six (6) months following the Lease Commencement Date), Tenant shall provide written notice have two options to Landlord of its need for expand Tenant’s Building on two separate occasions by an aggregate amount not to exceed 200,000 additional office space for the upcoming Lease year in order to operate the semiconductor wafer fabrication business. Landlord shall use reasonable efforts to make such space, up to a maximum of 40,000 rentable square feet (collectively, the “Additions”) on real property contiguous to the Premises, as described in the Building in the aggregate over the Lease Term (the "Additional Office Space") (attached Exhibit C, which is in addition to the Leased Premises originally identified herein), available to Tenant when requested, provided that option shall be exercised through the following conditions shall applyprocedure: (a) In the event Landlord needs to move employees in order to make any Additional Office Space available to Tenant, (1) Tenant shall pay all costs cause the Additions to be constructed by and at the expense of moving Tenant’s contractor, under such other terms and relocating such employees conditions which are mutually acceptable to Landlord and (2) in the event Landlord is required to lease additional space to house such employees, Tenant. Tenant shall pay fair market base rent (select the determination of which shall take into account Tenant's obligation to pay Expense Rent hereunder) contractor for the Additional Office Space Additions, with the prior written approval of Landlord, which consent shall not be unreasonably withheld or portion thereof corresponding to the additional space Landlord was required to lease to house such employeesdelayed. (b) Except as set forth in subparagraph (a) aboveUpon completion of each of the Additions, Additional Office Space Tenant’s contractor shall be leased convey good and marketable title for each such Addition to Tenant upon the same Landlord, free and clear of all liens and encumbrances, and for a purchase price and under those additional terms and conditions contained in this Leasewhich are mutually acceptable to Landlord and Tenant. The purchase price for each such Addition shall be limited to the following elements: (1) the cost attributed by the Landlord to the real property for the Addition; (2) the actual cost of labor, provided that services, materials and equipment for the construction of the Addition; (3) the actual contractor’s or developer’s fees and profits for the Addition; (4) the actual cost of architectural, engineering and survey fees for the Addition; and (5) the actual and reasonable attorney’s fees and administrative expenses for the Addition, not to exceed one percent (1%) of the construction costs incurred pursuant to section (2) above (hereinafter collectively, the “Cost of the Addition”). Tenant's Pro Rata Share in this Lease ’s contractor, at its expense, shall provide Landlord with a construction audit for the Addition, prepared by an independent certified public accountant mutually agreeable to Landlord and the El Capitan Lease contractor, which shall be adjusted accordingly to take into account certify the additional space leased to Tenant in accuracy and amount of the Building;Cost of the Addition. (c) Tenant The Additions shall not be entitled to sublease any exceed, in the aggregate, 200,000 square feet in size, unless this size is expanded by mutual agreement of the Additional Office Space;parties. The construction of each of the Additions shall be completed within eighteen months after the exercise by Tenant of the option initiating such construction. (d) Tenant is not then in default under any In each of the terms and conditions amendments adding the Additions to the Lease, Tenant shall agree to extend the Initial Term of this Lease; andLease for a period of ten (10) years beyond the date of substantial completion for each Addition, which, in any event, shall not extend the Initial Term by an amount of more than two (2) years. (e) Any real property to be purchased by Landlord from Weirton Steel Corporation (“WSC”) for the Additions shall be included in the first option exercised by Tenant. The average cost attributed by Landlord to the real property used in the Additions and considered in determining the Cost of the Addition in paragraph 3.06(b) above shall not exceed Thirty Two Thousand Dollars ($32,000.00) per acre. (f) The expansion acreage, the expansion improvements, and the expansion base rental for each of the Additions shall be added to the Lease by amendments mutually agreeable to Landlord and Tenant. Following the substantial completion of each Addition, the expansion rental shall be due and payable in advance on the same day of each month as the Base Rent. These options to expand shall automatically expire to the extent they are not exercised by Tenant within four (4) years from the Rent Commencement Date. Tenant shall execute an amendment exercise each option by sending written notice to this Lease to reflect Landlord, as hereinafter provided, and the addition closing on each Addition shall take place within sixty (60) days after the receipt of the Additional Office Space on the terms set forth hereinsuch notice by Landlord.

Expansion of Leased Premises. 16.1 Within five Landlord acknowledges that the Leased Premises are capable of being expanded to provide a Building addition of approximately One Hundred Fifty-One Thousand Nine Hundred (5151,900) business days square feet (“Expansion Area”). Provided an Event of each anniversary or semi-anniversary of the Lease Commencement Date (i.e. every six (6) months following the Lease Commencement Date)Default is not then existing, Tenant shall provide have the right to request an expansion of the Leased Premises (“Tenant’s Expansion Right”), to be performed by Landlord. If Tenant elects to exercise the Tenant’s Expansion Right, Tenant shall give written notice to Landlord of its need for additional office space desire to expand and must designate the Expansion Area and duration of the term for the upcoming Lease year in order term of the expansion (the ”Expansion Term”). Within sixty (60) days of receipt of such notice of intention to operate expand, Tenant and Landlord shall develop a mutually acceptable expansion plan (the semiconductor wafer fabrication business“Expansion Plan”). The Expansion Plan shall be subject to approval by the City of Joliet. Provided the Plan is acceptable to the City, the parties shall within sixty (60) days of approval make good faith efforts to agree to the final terms and conditions for such expansion and the Monthly Base Rent to be paid hereunder, but if the parties cannot agree to the final terms and conditions within such sixty (60) day period, then no expansion will be done. The additional Monthly Base Rent to be paid during the Expansion Term for the Expansion Area shall, provided Tenant’s credit is equivalent or better than a BB rating with Standard and Poor’s which is its rating as of the date of this Lease, be based on the total project costs of the expansion amortized over the Expansion Term, multiplied by the then current treasury rate for the period of the Expansion Term at the then current US Treasury Bxxx rate for the period of the Expansion Term, plus 300 basis points, with a minimum rate of 8% per year. Additional costs will be calculated if Tenant’s credit rating is lower than currently prevails. Landlord shall use reasonable efforts to make such space, up to notify Tenant of the Monthly Base Rent for the Expansion Area (the “Rent Notification Date”) and said terms shall be memorialized in a maximum Lease Amendment within thirty (30) days of 40,000 rentable square feet in the Building in Rent Notification Date. If the aggregate over Expansion Term falls entirely with the Lease Term (including applicable Renewal Periods), then the "Additional Office Space") (which is in addition to Monthly Base Rent for the Leased Premises originally identified hereinother than the Expansion Area will be the amounts designated with the Lease. If the Expansion Term extends beyond the Term (including all Renewal Periods), available then the parties will make good faith efforts to agree to the Monthly Base Rent for the Leased Premises excluding the Expansion Area and the Term will be extended to be coterminous with the Expansion Term. During said thirty (30) days, Landlord will, provided the Landlord is an entity owned by or controlled by Northern, hire Northern Builders, Inc. as general contractor for the Expansion Plan. If Tenant fails to sign the Lease Amendment within such period, then Landlord is not required to proceed further. If Landlord is not an entity owned or controlled by Northern Builders, Inc., then the Expansion Work will be performed by a contractor that is reasonably satisfactory to Landlord and Tenant. If Tenant elects to expand the Leased Premises as herein provided, the parties agree the Landlord shall use its best efforts during the construction period to minimize the interference caused to Tenant when requestedduring the construction period. Notwithstanding the foregoing, provided that the following conditions shall apply: (a) In the event Landlord needs to move employees in order to make any Additional Office Space available to Tenant, (1) Tenant shall pay all costs of moving and relocating such employees and (2) in the event Landlord is required to lease additional space to house such employees, Tenant shall pay fair market base rent (the determination of which shall take into account Tenant's obligation to pay Expense Rent hereunder) for the Additional Office Space or portion thereof corresponding to the additional space Landlord was required to lease to house such employees. (b) Except as set forth in subparagraph (a) above, Additional Office Space shall be leased to Tenant upon the same terms and conditions contained in this Lease, provided that Tenant's Pro Rata Share in this Lease and the El Capitan Lease shall be adjusted accordingly to take into account the additional space leased to Tenant in the Building; (c) Tenant shall not be entitled to sublease any rent abatement or damages for any such disruptions or inconvenience caused to Tenant by the construction. Any rights granted to Tenant hereunder shall be binding on any successor in interest to Landlord, it being the intention of the Additional Office Space; (d) parties that Tenant is not then in default under any of has the right to expand on economic terms and conditions of this Lease; and (e) Landlord and Tenant shall execute an amendment reasonable to this Lease to reflect the addition of the Additional Office Space on the terms set forth hereinparties.