Common use of Expansion Space Term Clause in Contracts

Expansion Space Term. In accordance with Article 1.3(2) of the 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 "300 Commencement Date") and the Commencement Date for Suite 204 shall be forty-five (45) days following the 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 Lease and thus shall expire on December 22, 2000, unless extended in accordance with the terms of the Lease (the "Expiration Date"). Subject to the abatement 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 applicable 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 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 portion of a Suite prior to the applicable Commencement Date therefor shall be subject to all of the provisions of the Lease, as amended hereby, except that it shall not advance or extend such applicable Commencement Date or the Expiration Date.

Expansion Space Term. In accordance with Article 1.3(2The lease term for the Expansion Space (the "Expansion Space Term") shall be for a period commencing on the Expansion Space Commencement Date and expiring on the Revised Expiration Date. For purposes of the Leasethis Second Amendment, the "Expansion Space Commencement Date for Suite 300 Date" shall be sixty mean the date that is the earlier of (60i) days following the date Tenant commences business operations in the Expansion Space, and (ii) the date that Landlord delivers possession (as that term is defined in Paragraph A.5 hereof) of Suite 300 the Expansion Space to the Tenant (the "300 Commencement Date") and the Commencement Date for Suite 204 shall be forty-five (45) days following the date Landlord delivers possession Ready For Occupancy (as defined in Paragraph A.5 hereof) of Suite 204 to the Tenant Work Letter attached hereto as Exhibit B [the "Tenant Work Letter"]), which Expansion Space Commencement Date is anticipated to be June 1, 2019 (the "204 Anticipated Expansion Space Commencement Date"). The term for both Suites 204 and 300 shall be coterminous with the term ; provided, however, if Landlord does not deliver possession of the Lease and thus shall expire Expansion Space to Tenant Ready for Occupancy on December 22or before the Anticipated Expansion Space Commencement Date or any other date (including, 2000without limitation, unless extended in accordance with the terms as a result of the Lease (existing tenant of the "Expiration Date"Expansion Space failing to timely vacate the Expansion Space at the expiration of such tenant's existing lease). Subject to the abatement provisions in Paragraph A.5 below, Landlord shall not be liable subject to Tenant for any damages if Landlord is unable to deliver possession of the applicable 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 liability nor shall not affect the validity of the Lease, as amended hereby, nor shall 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 portion of a Suite prior to the applicable Commencement Date therefor shall be subject to all of the provisions of the Lease, as amended hereby, except that it shall not advance or extend such applicable Commencement Date or the Expiration Dateaffected.

Expansion Space Term. In accordance with Article 1.3(2) of The lease term for the 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 Expansion Space (the "300 Expansion Space Term") shall commence 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 "Expansion Space Commencement Date"" shall mean the earlier of: (i) the date Tenant conducts business operations in all or any portion of the Expansion Space; and the Commencement Date for Suite 204 shall be forty-five (45ii) days following the date Landlord delivers possession the Expansion Space to Tenant Ready for Occupancy, as defined in the Tenant Work Letter attached hereto as Exhibit B (the "Tenant Work Letter"), subject to acceleration as a result of any Tenant Delays (as defined and provided in Paragraph A.5 hereof) of Suite 204 to the Tenant (the "204 Commencement Date"Work Letter). The term for both Suites 204 Landlord and 300 shall Tenant presently anticipate that the Expansion Space will be coterminous with the term of the Lease and thus shall expire on December 22, 2000, unless extended in accordance with the terms of the Lease (the "Expiration Date"). Subject to the abatement provisions in Paragraph A.5 below, Landlord shall not be liable delivered to Tenant Ready for any damages 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 shall accept possession of the applicable Suite Expansion Space when Landlord delivers the Expansion Space to Tenant on or before such applicable Commencement Date Ready for any reason whatsoever (including delays in vacation of Suite 204 by the existing tenant), and such failure shall not affect the 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 portion of a Suite prior to the applicable Commencement Date therefor shall be subject to all of the provisions of the Lease, as amended hereby, except that it shall not advance or extend such applicable Commencement Date or the Expiration DateOccupancy.

Expansion Space Term. In The Term for Tenant’s lease of the Expansion Space (“Expansion Space Term”) shall commence on the Expansion Commencement Date and shall expire co-terminous with Tenant’s lease of the Existing Premises on July 31, 2016 (the “Expiration Date”); provided, however, that Tenant shall have the 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 the sole discretion of Tenant. If Tenant elects to terminate the lease of all or any part of the Expansion Space pursuant to the 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 upon full execution and delivery of this Third Amendment by Landlord and Tenant for the purposes of installing Tenant’s furniture, fixtures, and equipment and Tenant’s telephone, network, and data cabling, and Tenant shall have no obligation to pay Basic Rental with respect to the Expansion Space during the period of such access; provided, however, that (i) Tenant’s access hall not interfere with Landlord’s completion of the Improvements, (ii) Tenant shall provide a certificate of insurance in accordance with Article 1.3(214 of the Original Lease for the Expansion Space prior to such entry, and (iii) the terms and conditions of Section 13(a) of the Lease, the Commencement Date for Suite 300 Lease 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 apply to the Tenant (the "300 Commencement Date") and the Commencement Date for Suite 204 shall be forty-five (45) days following the 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 Lease and thus shall expire on December 22, 2000, unless extended in accordance with the terms of the Lease (the "Expiration Date"). Subject to the abatement 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 applicable Suite to Tenant on or before such applicable Commencement Date for any reason whatsoever (including delays in vacation of Suite 204 access by the existing tenant), and such failure shall not affect the 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 portion of a Suite prior to the applicable Commencement Date therefor shall be subject to all of the provisions of the Lease, as amended hereby, except that it shall not advance or extend such applicable Commencement Date or the Expiration Date.

Expansion Space Term. In accordance with Article 1.3(2) The term of Tenant's leasing of the 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 -------------------- Expansion Space (the "300 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 for Suite 204 Date, Landlord and Tenant (and/or their respective representatives, who shall be fortydesignated in writing and shall be paid by the party for whom the applicable representative is acting) will jointly conduct a walk-five through inspection of the Expansion Space and will jointly prepare a punch-list (45"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 date preparation of the Punch-List or as soon as practicable after the preparation of the Punch-List. Tenant acknowledges that neither Landlord delivers possession (as defined in Paragraph A.5 hereof) nor any agent of Suite 204 Landlord has made any representation or warranty, express or implied, with respect to the Tenant (Expansion Space, the "204 Commencement Date"). The term for both Suites 204 and 300 shall be coterminous Buildings, the Development or any portions thereof or with the term of the Lease and thus shall expire on December 22, 2000, unless extended in accordance with the terms of the Lease (the "Expiration Date"). Subject respect to the abatement provisions in Paragraph A.5 below, Landlord shall not be liable to Tenant suitability of same for any damages if Landlord is unable to deliver possession the conduct of the applicable 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 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 business and Tenant of further acknowledges that Landlord will have no obligation to construct or complete any portion of a Suite prior to additional buildings or improvements within the applicable Commencement Date therefor shall be subject to all of the provisions of the Lease, as amended hereby, except that it shall not advance or extend such applicable Commencement Date or the Expiration DateDevelopment.

Expansion Space Term. In The Term for Tenant’s lease of the Expansion Space (“Expansion Space Term”) shall commence on the Expansion Commencement Date and shall expire co-terminous with Tenant’s lease of the Existing Premises on July 31, 2016 (the “Expiration Date”); provided, however, that Tenant shall have the 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 the sole discretion of Tenant. If Tenant elects to terminate Tenant’s lease of all or any part of the Expansion Space pursuant to the 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 upon full execution and delivery of this Third Amendment by Landlord and Tenant for the purposes of installing Tenant’s furniture, fixtures, and equipment and Tenant’s telephone, network, and data cabling, and Tenant shall have no obligation to pay Basic Rental with respect to the Expansion Space during the period of such access; provided, however, that (i) Tenant’s access shall not interfere with Landlord’s completion of the Improvements, (ii) Tenant shall provide a certificate of insurance in accordance with Article 1.3(214 of the Original Lease for the Expansion Space prior to such entry, and (iii) the terms and conditions of Section 13(a) of the Lease, the Commencement Date for Suite 300 Lease 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 apply to the Tenant (the "300 Commencement Date") and the Commencement Date for Suite 204 shall be forty-five (45) days following the 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 Lease and thus shall expire on December 22, 2000, unless extended in accordance with the terms of the Lease (the "Expiration Date"). Subject to the abatement 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 applicable Suite to Tenant on or before such applicable Commencement Date for any reason whatsoever (including delays in vacation of Suite 204 access by the existing tenant), and such failure shall not affect the 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 portion of a Suite prior to the applicable Commencement Date therefor shall be subject to all of the provisions of the Lease, as amended hereby, except that it shall not advance or extend such applicable Commencement Date or the Expiration Date.