Common use of Expansion Space Term Clause in Contracts

Expansion Space Term. The term of Tenant's leasing of the -------------------- Expansion Space (the "Expansion Space Term") shall commence as described in Section 11 of the Work Letter Agreement attached hereto as Exhibit "B" (the ---------- "Expansion Space Commencement Date") and shall end on the expiration or earlier termination of the Lease. Tenant shall accept the Expansion Space in its current "AS-IS" condition, without representation or warranty, express or implied, except that Landlord will construct improvements to the Expansion Space pursuant to the Work Letter Agreement attached hereto as Exhibit "B." ----------- Prior to the Expansion Space Commencement Date, Landlord and Tenant (and/or their respective representatives, who shall be designated in writing and shall be paid by the party for whom the applicable representative is acting) will jointly conduct a walk-through inspection of the Expansion Space and will jointly prepare a punch-list ("Punch-List") of items required to be installed by Landlord under the Work Letter Agreement which require finishing or correction. The Punch-List will not include any items of damage to the Expansion Space caused by Tenant's move-in or early entry, if permitted, which damage will be corrected or repaired by Landlord, at Tenant's expense or, at Landlord's election, by Tenant, at Tenant's expense. Other than the items specified in the Punch-List, by taking possession of the Expansion Space, Tenant will be deemed to have accepted the Expansion Space in its condition on the date of delivery of possession and to have acknowledged that the Tenant Improvements have been installed as required by the Work Letter Agreement and that there are no additional items needing work or repair. Landlord will cause all items in the Punch-List to be repaired or corrected within thirty (30) days following the preparation of the Punch-List or as soon as practicable after the preparation of the Punch-List. Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty, express or implied, with respect to the Expansion Space, the Buildings, the Development or any portions thereof or with respect to the suitability of same for the conduct of Tenant's business and Tenant further acknowledges that Landlord will have no obligation to construct or complete any additional buildings or improvements within the Development.

Expansion Space Term. The term of Tenant's leasing In accordance with Article 1.3(2) of the -------------------- Expansion Space Lease, the Commencement Date for Suite 300 shall be sixty (60) days following the date that Landlord delivers possession (as that term is defined in Paragraph A.5 hereof) of Suite 300 to the Tenant (the "Expansion Space Term") shall commence as described in Section 11 of the Work Letter Agreement attached hereto as Exhibit "B" (the ---------- "Expansion Space 300 Commencement Date") and shall end on the expiration or earlier termination of the Lease. Tenant shall accept the Expansion Space in its current "AS-IS" condition, without representation or warranty, express or implied, except that Landlord will construct improvements to the Expansion Space pursuant to the Work Letter Agreement attached hereto as Exhibit "B." ----------- Prior to the Expansion Space Commencement Date, Landlord and Tenant (and/or their respective representatives, who Date for Suite 204 shall be designated in writing and shall be paid by the party for whom the applicable representative is acting) will jointly conduct a walkforty-through inspection of the Expansion Space and will jointly prepare a punch-list five ("Punch-List") of items required to be installed by Landlord under the Work Letter Agreement which require finishing or correction. The Punch-List will not include any items of damage to the Expansion Space caused by Tenant's move-in or early entry, if permitted, which damage will be corrected or repaired by Landlord, at Tenant's expense or, at Landlord's election, by Tenant, at Tenant's expense. Other than the items specified in the Punch-List, by taking possession of the Expansion Space, Tenant will be deemed to have accepted the Expansion Space in its condition on the date of delivery of possession and to have acknowledged that the Tenant Improvements have been installed as required by the Work Letter Agreement and that there are no additional items needing work or repair. Landlord will cause all items in the Punch-List to be repaired or corrected within thirty (3045) days following the preparation date Landlord delivers possession (as defined in Paragraph A.5 hereof) of Suite 204 to the Tenant (the "204 Commencement Date"). The term for both Suites 204 and 300 shall be coterminous with the term of the Punch-List or as soon as practicable after Lease and thus shall expire on December 22, 2000, unless extended in accordance with the preparation terms of the Punch-ListLease (the "Expiration Date"). Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty, express or implied, with respect Subject to the Expansion Spaceabatement provisions in Paragraph A.5 below, Landlord shall not be liable to Tenant for any damages if Landlord is unable to deliver possession of the Buildingsapplicable Suite to Tenant on or before such applicable Commencement Date for any reason whatsoever (including delays in vacation of Suite 204 by the existing tenant), and such failure shall not affect the Development or validity of the Lease, as amended hereby, nor the obligations of Tenant under the Lease, as amended hereby. The Commencement Date for each such Suite shall be specified by Landlord in a notice ("Notice") to be delivered by Landlord to Tenant, which Notice shall be executed by Tenant and returned to Landlord within five (5) days after Tenant's receipt thereof. Possession by Tenant of any portions thereof or with respect portion of a Suite prior to the suitability applicable Commencement Date therefor shall be subject to all of same for the conduct provisions of Tenant's business and Tenant further acknowledges the Lease, as amended hereby, except that Landlord will have no obligation to construct it shall not advance or complete any additional buildings extend such applicable Commencement Date or improvements within the DevelopmentExpiration Date.

Expansion Space Term. The term of Term for Tenant's leasing ’s lease of the -------------------- Expansion Space (the "“Expansion Space Term"”) shall commence as described in Section 11 on the Expansion Commencement Date and shall expire co-terminous with Tenant’s lease of the Work Letter Agreement attached hereto as Exhibit "B" Existing Premises on July 31, 2016 (the ---------- "Expansion Space Commencement “Expiration Date") and shall end on the expiration or earlier termination of the Lease. ”); provided, however, that Tenant shall accept have the Expansion Space right to terminate Tenant’s lease of either the Suite 300 Portion or the Suite 305 Portion, or both, upon one hundred twenty (120) days prior written notice to Landlord deliverable at any time in its current "AS-IS" condition, without representation the sole discretion of Tenant. If Tenant elects to terminate Tenant’s lease of all or warranty, express or implied, except that Landlord will construct improvements to any part of the Expansion Space pursuant to the Work Letter Agreement attached hereto as Exhibit "B." ----------- Prior foregoing termination right, Landlord and Tenant shall thereafter promptly execute a new amendment to the Lease, in a form reasonably acceptable to both Landlord and Tenant, modifying the Basic Rental, Tenant’s Proportionate Share, Tenant’s parking allocation, and any other provision of the Lease necessary to account for such termination. Landlord shall provide Tenant with access to the Expansion Space Commencement Date, upon full execution and delivery of this Third Amendment by Landlord and Tenant (and/or their respective representativesfor the purposes of installing Tenant’s furniture, who fixtures, and equipment and Tenant’s telephone, network, and data cabling, and Tenant shall be designated in writing and shall be paid by the party for whom the applicable representative is acting) will jointly conduct a walk-through inspection of the Expansion Space and will jointly prepare a punch-list ("Punch-List") of items required have no obligation to be installed by Landlord under the Work Letter Agreement which require finishing or correction. The Punch-List will not include any items of damage to the Expansion Space caused by Tenant's move-in or early entry, if permitted, which damage will be corrected or repaired by Landlord, at Tenant's expense or, at Landlord's election, by Tenant, at Tenant's expense. Other than the items specified in the Punch-List, by taking possession of the Expansion Space, Tenant will be deemed to have accepted the Expansion Space in its condition on the date of delivery of possession and to have acknowledged that the Tenant Improvements have been installed as required by the Work Letter Agreement and that there are no additional items needing work or repair. Landlord will cause all items in the Punch-List to be repaired or corrected within thirty (30) days following the preparation of the Punch-List or as soon as practicable after the preparation of the Punch-List. Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty, express or implied, pay Basic Rental with respect to the Expansion SpaceSpace during the period of such access; provided, however, that (i) Tenant’s access shall not interfere with Landlord’s completion of the BuildingsImprovements, (ii) Tenant shall provide a certificate of insurance in accordance with Article 14 of the Development or any portions thereof or with respect to the suitability of same Original Lease for the conduct Expansion Space prior to such entry, and (iii) the terms and conditions of Section 13(a) of the Lease shall apply to such access by Tenant's business and Tenant further acknowledges that Landlord will have no obligation to construct or complete any additional buildings or improvements within the Development.

Expansion Space Term. The lease term of Tenant's leasing of for the -------------------- Expansion Space (the "Expansion Space Term") shall commence as described in Section 11 on the Expansion Space Commencement Date and shall expire coterminously with the Extended Term for the Existing Premises on the Revised Expiration Date. For purposes of this Second Amendment, the Work Letter Agreement attached hereto as Exhibit "B" (the ---------- "Expansion Space Commencement Date"" shall mean the earlier of: (i) and shall end on the expiration date Tenant conducts business operations in all or earlier termination any portion of the Lease. Tenant shall accept Expansion Space; and (ii) the date Landlord delivers the Expansion Space to Tenant Ready for Occupancy, as defined in its current "AS-IS" condition, without representation or warranty, express or implied, except that Landlord will construct improvements to the Expansion Space pursuant to the Tenant Work Letter Agreement attached hereto as Exhibit B (the "B." ----------- Prior Tenant Work Letter"), subject to acceleration as a result of any Tenant Delays (as defined and provided in the Tenant Work Letter). Landlord and Tenant presently anticipate that the Expansion Space Commencement Datewill be delivered to Tenant Ready for Occupancy on or about February 1, 2013; however, if Landlord is unable to deliver to Tenant the Expansion Space Ready for Occupancy by such date (or any other date), then: (A) the validity of this Second Amendment or the Lease shall not be affected or impaired thereby; (B) Landlord shall not be in default hereunder or under the Lease (as amended hereby), or be liable for damages therefor; and (C) Tenant (and/or their respective representatives, who shall be designated in writing and shall be paid by the party for whom the applicable representative is acting) will jointly conduct a walk-through inspection accept possession of the Expansion Space and will jointly prepare a punch-list ("Punch-List") of items required to be installed by when Landlord under the Work Letter Agreement which require finishing or correction. The Punch-List will not include any items of damage to delivers the Expansion Space caused by Tenant's move-in or early entry, if permitted, which damage will be corrected or repaired by Landlord, at Tenant's expense or, at Landlord's election, by Tenant, at Tenant's expense. Other than the items specified in the Punch-List, by taking possession of the Expansion Space, to Tenant will be deemed to have accepted the Expansion Space in its condition on the date of delivery of possession and to have acknowledged that the Tenant Improvements have been installed as required by the Work Letter Agreement and that there are no additional items needing work or repair. Landlord will cause all items in the Punch-List to be repaired or corrected within thirty (30) days following the preparation of the Punch-List or as soon as practicable after the preparation of the Punch-List. Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty, express or implied, with respect to the Expansion Space, the Buildings, the Development or any portions thereof or with respect to the suitability of same Ready for the conduct of Tenant's business and Tenant further acknowledges that Landlord will have no obligation to construct or complete any additional buildings or improvements within the DevelopmentOccupancy.

Expansion Space Term. The lease term of Tenant's leasing of for the -------------------- Expansion Space (the "Expansion Space Term") shall commence as described in Section 11 be for a period commencing on the Expansion Space Commencement Date and expiring on the Revised Expiration Date. For purposes of this Second Amendment, the Work Letter Agreement attached hereto as Exhibit "B" (the ---------- "Expansion Space Commencement Date"" shall mean the date that is the earlier of (i) the date Tenant commences business operations in the Expansion Space, and shall end on (ii) the expiration or earlier termination date that Landlord delivers possession of the Lease. Tenant shall accept the Expansion Space to Tenant Ready For Occupancy (as defined in its current "AS-IS" condition, without representation or warranty, express or implied, except that Landlord will construct improvements to the Expansion Space pursuant to the Tenant Work Letter Agreement attached hereto as Exhibit B [the "B." ----------- Prior Tenant Work Letter"]), which Expansion Space Commencement Date is anticipated to be June 1, 2019 (the "Anticipated Expansion Space Commencement Date"); provided, however, if Landlord and Tenant (and/or their respective representatives, who shall be designated in writing and shall be paid by the party for whom the applicable representative is acting) will jointly conduct a walk-through inspection does not deliver possession of the Expansion Space and will jointly prepare to Tenant Ready for Occupancy on or before the Anticipated Expansion Space Commencement Date or any other date (including, without limitation, as a punch-list ("Punch-List") result of items required to be installed by Landlord under the Work Letter Agreement which require finishing or correction. The Punch-List will not include any items existing tenant of damage to the Expansion Space caused by Tenant's move-in or early entry, if permitted, which damage will be corrected or repaired by Landlord, at Tenant's expense or, at Landlord's election, by Tenant, at Tenant's expense. Other than the items specified in the Punch-List, by taking possession of the Expansion Space, Tenant will be deemed failing to have accepted timely vacate the Expansion Space in its condition on at the date expiration of delivery of possession and such tenant's existing lease), Landlord shall not be subject to have acknowledged that any liability nor shall the Tenant Improvements have been installed as required by the Work Letter Agreement and that there are no additional items needing work or repair. Landlord will cause all items in the Punch-List to be repaired or corrected within thirty (30) days following the preparation validity of the Punch-List or Lease, as soon amended hereby, nor shall the obligations of Tenant under the Lease, as practicable after the preparation of the Punch-List. Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or warrantyamended hereby, express or implied, with respect to the Expansion Space, the Buildings, the Development or any portions thereof or with respect to the suitability of same for the conduct of Tenant's business and Tenant further acknowledges that Landlord will have no obligation to construct or complete any additional buildings or improvements within the Developmentbe affected.

Expansion Space Term. The term of Term for Tenant's leasing ’s lease of the -------------------- Expansion Space (the "“Expansion Space Term"”) shall commence as described in Section 11 on the Expansion Commencement Date and shall expire co-terminous with Tenant’s lease of the Work Letter Agreement attached hereto as Exhibit "B" Existing Premises on July 31, 2016 (the ---------- "Expansion Space Commencement “Expiration Date") and shall end on the expiration or earlier termination of the Lease. ”); provided, however, that Tenant shall accept have the Expansion Space right to terminate Tenant’s lease of either the Suite 300 Portion or the Suite 305 Portion, or both, upon one hundred twenty (120) days prior written notice to Landlord deliverable at any time in its current "AS-IS" condition, without representation the sole discretion of Tenant. If Tenant elects to terminate the lease of all or warranty, express or implied, except that Landlord will construct improvements to any part of the Expansion Space pursuant to the Work Letter Agreement attached hereto as Exhibit "B." ----------- Prior foregoing termination right, Landlord and Tenant shall thereafter promptly execute a new amendment to the Lease, in a form acceptable to both Landlord and Tenant, modifying the Basic Rental, Tenant’s Proportionate Share. Tenant’s parking allocation, and any other provision of the Lease necessary to account for such termination. Landlord shall provide Tenant with access to the Expansion Space Commencement Date, upon full execution and delivery of this Third Amendment by Landlord and Tenant (and/or their respective representativesfor the purposes of installing Tenant’s furniture, who fixtures, and equipment and Tenant’s telephone, network, and data cabling, and Tenant shall be designated in writing and shall be paid by the party for whom the applicable representative is acting) will jointly conduct a walk-through inspection of the Expansion Space and will jointly prepare a punch-list ("Punch-List") of items required have no obligation to be installed by Landlord under the Work Letter Agreement which require finishing or correction. The Punch-List will not include any items of damage to the Expansion Space caused by Tenant's move-in or early entry, if permitted, which damage will be corrected or repaired by Landlord, at Tenant's expense or, at Landlord's election, by Tenant, at Tenant's expense. Other than the items specified in the Punch-List, by taking possession of the Expansion Space, Tenant will be deemed to have accepted the Expansion Space in its condition on the date of delivery of possession and to have acknowledged that the Tenant Improvements have been installed as required by the Work Letter Agreement and that there are no additional items needing work or repair. Landlord will cause all items in the Punch-List to be repaired or corrected within thirty (30) days following the preparation of the Punch-List or as soon as practicable after the preparation of the Punch-List. Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty, express or implied, pay Basic Rental with respect to the Expansion SpaceSpace during the period of such access; provided, however, that (i) Tenant’s access hall not interfere with Landlord’s completion of the BuildingsImprovements, (ii) Tenant shall provide a certificate of insurance in accordance with Article 14 of the Development or any portions thereof or with respect to the suitability of same Original Lease for the conduct Expansion Space prior to such entry, and (iii) the terms and conditions of Section 13(a) of the Lease shall apply to such access by Tenant's business and Tenant further acknowledges that Landlord will have no obligation to construct or complete any additional buildings or improvements within the Development.