Common use of Expansion Space Contingency Clause in Contracts

Expansion Space Contingency. Notwithstanding any contrary provision hereof, if, in Landlord’s good faith judgment, the Current Suite 300 Tenant or its successor in interest validly exercises the Current Suite 300 Tenant’s existing option to extend the term of the Current Suite 300 Lease beyond March 31, 2016, then Landlord may terminate the Expansion Provisions (defined below) by notifying Tenant on or before August 31, 2015, in which event (a) the Expansion Provisions, but no other provisions hereof, shall be void ab initio and of no force or effect, and (b) Section 1.8 of the Lease, as amended by Section 3 below, shall be amended by reducing the amount of $89,495.08 to $30,921.17, and Landlord shall promptly return to Tenant any portion of the Security Deposit then held by Landlord in excess of $30,921.17. As used herein, “Expansion Provisions” means all provisions of this Amendment relating to the Expansion Space, including Recital B above, Sections 1.1, 1.2 and 1.3 above, Sections 2.2, 4, 5.2, 6.1.B and 8 below, and Exhibits A and C attached hereto. Notwithstanding any contrary provision hereof, Landlord shall not be required to disburse any portion of the Allowance (defined in Section 1.1 of Exhibit B) that is based upon the rentable square footage of the Expansion Space (i.e., the portion of the Allowance that is equal to $7.00 per rentable square foot of the Expansion Space) (x) before September 1, 2015, or (y) if the Expansion Provisions are terminated pursuant to this Section 1.5.