Common use of Expansion of Premises Clause in Contracts

Expansion of Premises. Effective as of the Second Expansion Date (as hereafter defined), the approximately 2,447 rentable square foot Second Expansion Space shall be deemed added to and shall become a portion of the Premises demised under the Lease for all purposes of the Lease for the remainder of the Term of this Lease as extended by this Second Amendment. Except as otherwise provided in this Second Amendment, all of the terms and provisions of the Lease shall apply to the Second Expansion Space. The Term of this Lease as to the Second Expansion Space shall be co-terminous with the remainder of the Premises as provided in paragraph 2(a) of this Second Amendment. As used in this Second Amendment, the term “Second Expansion Date” shall mean (i) that date which is the last to occur of May 1, 2005 or (ii) the date which is thirty (30) days immediately following the Delivery Date (as said term is hereafter defined). As used herein, the term “Delivery Date” shall mean that date on which Landlord shall deliver possession and control of the Second Expansion Space to Tenant free and clear of all claims and rights of possession of the third party (the “Existing Tenant”) which is presently in possession and control of the Second Expansion Space. Landlord anticipates that the Delivery Date shall occur on or about May 1, 2005 subject to the Existing Tenant timely vacating the Second Expansion Space. Within ten (10) days after the written request of either party, Landlord and Tenant shall execute and deliver a written memorandum confirming the Delivery Date and the Second Expansion Date. From and after the Delivery Date, Tenant and its employees and contractors shall be permitted to enter the Premises solely for the limited purpose of performing Tenant’s Work (as hereafter defined). Notwithstanding the foregoing to the contrary, in the event Tenant shall use or occupy the Second Expansion Space for the conduct of its business prior to the date which is thirty (30) days after the Delivery Date, such date of use shall be deemed the Second Expansion Date for all purposes of this Second Amendment. Effective as of the Second Expansion Date, the Lease shall be deemed amended in the following respects:

Expansion of Premises. Effective Landlord and Tenant acknowledge and agree that it is the intention of the parties hereto to add 8,766 rentable square feet to the Premises (Suite 225 containing 4,345 rentable square feet on the 2nd floor of the Building and Suite 550 containing 4,421 rentable square feet on the 5th floor of the Building) as described or shown on the floor plans attached hereto as Exhibit A-2 and made a part hereof (herein collectively referred to as the "Expansion Area"), effective as of October 1, 1998 (the Second "Effective Date"). The term of Tenant's leasing of the Expansion Date (as hereafter defined)Area shall continue until the expiration or earlier termination of the term of the Lease. From and after the Effective Date, the approximately 2,447 rentable square foot Second Expansion Space Area shall for all purposes be deemed added to and shall become treated as a portion part of the Premises demised under the Lease for Lease, and all purposes of the Lease for the remainder of the Term of this Lease as extended by this Second Amendment. Except as otherwise provided in this Second Amendmentterms, all of the terms conditions, covenants, warranties, agreements and provisions of the Lease shall continue in full force and effect and shall apply to the Second Expansion Space. The Term of this Lease Area except as to the Second Expansion Space shall be co-terminous with the remainder of the Premises as provided in paragraph 2(a) of this Second Amendment. As used in this Second Amendment, the term “Second Expansion Date” shall mean (i) that date which is the last to occur of May 1, 2005 or (ii) the date which is thirty (30) days immediately following the Delivery Date (as said term is hereafter defined). As used herein, the term “Delivery Date” shall mean that date on which Landlord shall deliver possession and control of the Second Expansion Space to Tenant free and clear of all claims and rights of possession of the third party (the “Existing Tenant”) which is presently in possession and control of the Second Expansion Space. Landlord anticipates that the Delivery Date shall occur on or about May 1, 2005 subject to the Existing Tenant timely vacating the Second Expansion Space. Within ten (10) days after the written request of either party, Landlord and Tenant shall execute and deliver a written memorandum confirming the Delivery Date and the Second Expansion Date. From and after the Delivery Date, Tenant and its employees and contractors shall be permitted to enter the Premises solely for the limited purpose of performing Tenant’s Work (as hereafter defined). Notwithstanding the foregoing expressly set forth herein to the contrary, in the event Tenant shall use or occupy the Second Expansion Space for the conduct of its business prior to the date which is thirty (30) days after the Delivery Date, such date of use shall be deemed the Second Expansion Date for all purposes of this Second Amendment. Effective as of the Second Expansion Effective Date, Landlord has leased and rented, by these presents leases and rents unto Tenant, and Tenant hereby leases and takes from Landlord, the Lease Expansion Area. Tenant hereby leases the Expansion Area on the same terms and conditions as the original Premises except as otherwise set forth herein to the contrary; provided, however, Tenant shall be deemed amended receive no concessions or allowances on account of leasing the Expansion Area. Notwithstanding anything to the contrary contained or implied in the following respects:Lease, Tenant agrees that Tenant will accept possession of the Expansion Area in an "as is, where is" condition, and that no representations, warranties, or inducements with respect to any condition of such space have been made by Landlord, or its designated representatives, to Tenant, or its desi`gnated representatives. In furtherance of the foregoing, Tenant hereby acknowledges that no promises to decorate, alter, repair or improve the Expansion Area or any portion thereof, either before or after the execution of this Second Amendment, have been made to Tenant, or its designated representatives, by Landlord, or its designated representatives. Landlord shall not be liable for failure to give possession of the Expansion Area or any part thereof on the Effective Date by reason of the retention of possession or unlawful holding over of any previous tenant, tenants or occupants of same, nor shall such failure impair the validity of this Second Amendment, nor extend the term of the Lease.

Expansion of Premises. Effective as of Tenant shall have the Second option (the “Expansion Date Option”) to construct an addition to the Building and/or expand the parking areas serving the Building (as hereafter definedthe “Expansion Space”), which expansion shall be constructed pursuant to the approximately 2,447 rentable square foot Second terms of this Article. Any Expansion Space added to the Building pursuant to this Article shall be deemed added subject to and shall become a portion of the Premises demised under the Lease for all purposes of the Lease for the remainder of the Term of this Lease as extended by this Second Amendment. Except as otherwise provided in this Second Amendment, all of the terms and provisions of the Lease shall apply this Lease. In addition, Landlord expressly agrees that there will be no adjustment to the Second Annual Rent payable hereunder (during not only the Term, but also during and any and all extension(s) of the Term) should such Expansion Space be constructed by Tenant, it being agreed that, since Tenant will, if at all, be constructing the Expansion Space at its sole cost and expense, no Annual Rent will be charged for the Expansion Space. The Term Expansion Option may be exercised by Tenant’s notifying Landlord in writing of this Lease such exercise (the date of such notice is hereinafter referred to as to the Second “Expansion Exercise Date”), which Expansion Notice shall be accompanied by conceptual and preliminary design plans showing the general layout and uses for the Expansion Space and general specifications. Tenant shall be co-terminous with the remainder of the Premises as provided in paragraph 2(a) of this Second Amendment. As used in this Second Amendment, the term “Second Expansion Date” shall mean prepare and furnish to Landlord within sixty (i) that date which is the last to occur of May 1, 2005 or (ii) the date which is thirty (30) days immediately following the Delivery Date (as said term is hereafter defined). As used herein, the term “Delivery Date” shall mean that date on which Landlord shall deliver possession and control of the Second Expansion Space to Tenant free and clear of all claims and rights of possession of the third party (the “Existing Tenant”) which is presently in possession and control of the Second Expansion Space. Landlord anticipates that the Delivery Date shall occur on or about May 1, 2005 subject to the Existing Tenant timely vacating the Second Expansion Space. Within ten (1060) days after the written request Expansion Exercise Date complete architectural drawings and specifications (hereinafter called the “Expansion Plans”). The Expansion Plans shall be prepared by a licensed architect retained by Tenant, which architect shall be subject to the reasonable approval of either partyLandlord. Landlord agrees to review the Expansion Plans and in each case to approve same or state what changes, if any, Landlord and Tenant shall execute and deliver a written memorandum confirming the Delivery Date and the Second Expansion Date. From and after the Delivery Date, Tenant and its employees and contractors shall be permitted to enter the Premises solely for the limited purpose of performing Tenant’s Work (as hereafter defined). Notwithstanding the foregoing to the contrary, in the event Tenant shall use or occupy the Second Expansion Space for the conduct of its business prior to the date which is requires therein within thirty (30) days after receipt thereof. If Landlord requires any changes, Tenant shall cause the Delivery DateExpansion Plans to be revised in accordance with any reasonable requirements of Landlord and to resubmit same to Landlord for Landlord’s review within fifteen (15) days after receipt of Landlord’s changes. In addition, Landlord may review said Expansion Plans and request changes therein during the course of preparation thereof by said architect and Tenant shall cause said architect to revise the Expansion Plans accordingly. The revisions and resubmissions shall continue until Landlord shall have approved the Expansion Plans (said approved Expansion Plans being hereinafter called the “Approved Plans”). Landlord’s approval of the Expansion Plans shall not constitute an opinion or agreement by Landlord that the proposed improvements are structurally sufficient or that the Approved Plans are in compliance with Legal Requirements (it being agreed that such date compliance is solely Tenant’s responsibility). Tenant shall provide Landlord with two (2) sets of use the Approved Plans and Landlord and Tenant shall execute counterparts thereof. The Approved Plans shall be deemed final and shall not be changed by Tenant without the Second prior consent of Landlord. Tenant agrees to use diligent (commercially reasonable) efforts to obtain all necessary permits for development and construction of the Expansion Date Space, or so much thereof as the law and local rules and regulations shall allow, although the parties acknowledge that the laws and development environment at the time of the permitting for all purposes the Expansion Space may be more restrictive than at present. Landlord agrees to reasonably cooperate with Tenant regarding Tenant’s efforts to obtain permits, licenses and approvals pertaining to the Expansion Space. Tenant shall not be required to remove, alter, or demolish the Expansion Space at the expiration or earlier termination of this Second AmendmentLease except as to leave the Expansion Space in the same condition as is required for the Premises itself including, but not limited to, the requirements set forth in Section 6.3 and Article 26 of this Lease. Effective Notwithstanding anything to the contrary contained in this Article 5, if Tenant expands the Premises as set forth herein and, as a direct result of the Second addition of such Expansion DateSpace, Landlord’s rent under the Ground Lease increases, then Tenant shall be deemed amended in responsible for reimbursing Landlord for such increase (but solely to the following respects:extent the increase is directly attributable to the Expansion Space).

Expansion of Premises. Effective on and as of the Second date upon which Landlord delivers possession of the below-defined Premises broom-swept, vacant and with hall Building systems in good working condition, but no earlier than January 1, 2018 (the “Expansion Date (as hereafter definedCommencement Date”), the approximately 2,447 Existing Premises shall be expanded to include that certain 4,098 rentable square foot Second feet of space as further depicted on Exhibit A attached hereto (the “Expansion Space Premises”), for a term that is coterminous with the Lease Term, as extended pursuant to Paragraph 3 below. As of the Expansion Commencement Date, the Existing Premises and the Expansion Premises shall collectively hereinafter be known as the “Premises” and shall contain a total of 16,992 rentable square feet (i.e., since the new measurement for the Existing Premises shall be deemed added to and shall become a portion utilized as noted in Paragraph 1 above) made up of the Premises demised under the Lease for all purposes entirety of the Lease for the remainder fourth (4th) floor of the Term office building. Landlord shall use commercially reasonable efforts to deliver the Expansion Premises to Tenant as of the Expansion Commencement Date; provided, however, Tenant acknowledges that an existing tenant currently occupies the Expansion Premises pursuant to a lease agreement with Landlord that is currently scheduled to expire on March 18, 2018 and that Landlord shall not be liable to Tenant nor shall this Lease as extended by this Second AmendmentFourth Amendment be void or voidable in the event that the existing tenant remains in the Expansion Premises following the Expansion Commencement Date. Except as otherwise provided In such case the Expansion Premises shall be delivered following the date that such existing tenant surrenders possession of the Expansion Premises to Landlord in this Second Amendment, all of accordance with the terms and provisions conditions of its lease or such earlier date as such existing tenant’s leasehold with respect to the Expansion Premises has been terminated and Landlord has recaptured possession of the Expansion Premises. In the event the Expansion Premises are not delivered to Tenant until after January 1, 2018, then in no event shall Tenant be liable for Base Rent or Additional Rent attributable to the Expansion Premises between January 1, 2018 and such date as the Expansion Premises are actually delivered to Tenant. Notwithstanding anything to the contrary contained herein, if the Expansion Premises is not delivered to Tenant by April 1, 2018, Tenant shall have the option, but not the obligation, to terminate the Lease by delivering written notice (the “Termination Notice”) to Landlord after April 1, 2018 but prior to the date that Landlord actually delivers the Expansion Premises to Tenant, in which case the Lease shall apply to the Second Expansion Space. The Term of this Lease terminate effective as to the Second Expansion Space shall be co-terminous with the remainder of the Premises as provided in paragraph 2(a) of this Second Amendment. As used in this Second Amendment, the term “Second Expansion Date” shall mean (i) date that date which is the last to occur of May 1, 2005 or (ii) the date which is thirty (30) days immediately following the Delivery Date (as said term is hereafter defined). As used herein, the term “Delivery Date” shall mean that date on which Landlord shall deliver possession and control Landlord’s receipt of the Second Expansion Space to Tenant free and clear of all claims and rights of Termination Notice (such date being the “Early Termination Date”) unless Landlord delivers possession of the third party (the “Existing Tenant”) which is presently in possession and control of the Second Expansion Space. Landlord anticipates that the Delivery Date shall occur on or about May 1, 2005 subject Premises to the Existing Tenant timely vacating the Second Expansion Space. Within ten (10) days after the written request of either party, Landlord and Tenant shall execute and deliver a written memorandum confirming the Delivery Date and the Second Expansion Date. From and after the Delivery Date, Tenant and its employees and contractors shall be permitted to enter the Premises solely for the limited purpose of performing Tenant’s Work (as hereafter defined). Notwithstanding the foregoing to the contrary, in the event Tenant shall use or occupy the Second Expansion Space for the conduct of its business prior to the date which is within such thirty (30) days after day period. In the Delivery event Tenant timely delivers the Termination Notice and Landlord does not deliver the Expansion Premises to Tenant by the Early Termination Date, such date of use then Tenant shall surrender the Existing Premises to Landlord no later than the Early Termination Date and the parties shall be deemed released from any liability arising under the Second Expansion Lease following the Early Termination Date for all purposes of this Second Amendment. Effective as other than those obligations that survive the expiration or earlier termination of the Second Expansion Date, the Lease shall be deemed amended in the following respects:Lease.

Expansion of Premises. Effective as of upon the Second Expansion Date (as hereafter defined), the approximately 2,447 rentable square foot Second Expansion Space shall be deemed added earliest to and shall become a portion of the Premises demised under the Lease for all purposes of the Lease for the remainder of the Term of this Lease as extended by this Second Amendment. Except as otherwise provided in this Second Amendment, all of the terms and provisions of the Lease shall apply to the Second Expansion Space. The Term of this Lease as to the Second Expansion Space shall be co-terminous with the remainder of the Premises as provided in paragraph 2(a) of this Second Amendment. As used in this Second Amendment, the term “Second Expansion Date” shall mean occur of: (i) the date that date which is the last to occur of May 1Expansion Improvements (as defined in Section 6 below) are substantially completed, 2005 or (ii) the date which is thirty that the Expansion Improvements would have been substantially completed except for Tenant-caused delays, or (30iii) days immediately following the Delivery Date date that Tenant, or any person occupying any of the Expansion Premises with Tenant’s permission, commences business operations from the Expansion Premises (as said term is hereafter definedsuch earliest date being the “Expansion Date” and estimated to be August 1, 2018). As used herein, the term “Delivery Date” Premises shall mean be expanded to include that date certain Suite 1500, which contains approximately 2,616 rentable square feet on which Landlord shall deliver possession and control the Fifteenth Floor of the Second Expansion Space to Tenant free and clear of all claims and rights of possession of the third party Building, as further depicted on Exhibit A attached hereto (the “Existing TenantExpansion Premises”) ), for a Term that is coterminous with the Lease Term (which is presently in possession currently scheduled to expire on November 30, 2022) and control which Expansion Premises shall be leased by Tenant upon and subject to all of the Second existing terms and provisions of the Lease, except as otherwise amended herein. As of the Expansion Space. Landlord anticipates that Date, all references in the Delivery Date shall occur on or about May 1, 2005 subject Lease to the “Premises” shall refer to both the Existing Premises and the Expansion Premises and shall be stipulated to contain a total of 7,863 rentable square feet. Upon the Expansion Date, Landlord shall prepare and deliver to Tenant, an expansion commencement certificate which Tenant timely vacating shall acknowledge by executing a copy and returning it to Landlord. If Tenant fails to sign and return the Second Expansion Space. Within expansion commencement certificate or provide to Landlord detailed comments thereto reasonably questioning the date set forth by Landlord within ten (10) days after of its receipt from Landlord, the written request of either party, expansion commencement certificate as sent by Landlord and Tenant shall execute and deliver a written memorandum confirming be deemed to have correctly set forth the Delivery Expansion Date and the Second other matters addressed in the expansion commencement certificate. Failure of Landlord to send the expansion commencement certificate shall have no effect on the Expansion Date. From and after the Delivery Date, Tenant and its employees and contractors shall be permitted to enter the Premises solely for the limited purpose of performing Tenant’s Work (as hereafter defined). Notwithstanding the foregoing to the contrary, in the event Tenant shall use or occupy the Second Expansion Space for the conduct of its business prior to the date which is thirty (30) days after the Delivery Date, such date of use shall be deemed the Second Expansion Date for all purposes of this Second Amendment. Effective as of the Second Expansion Date, the Lease shall be deemed amended in the following respects:.