Common use of Expansion Space Clause in Contracts

Expansion Space. Upon the substantial completion of Landlord’s Work (the “Expansion Space Commencement Date”), which is anticipated to be on or about December 15, 2011 (however, in the event of a delay in the Expansion Space Commencement Date, Tenant shall not have any claim against Landlord, and Landlord shall have no liability to Tenant, by reason thereof), approximately 3,730 rentable square feet of space on the first floor of The Xxxxxxxx House, 500 Level shown on the plan attached hereto as Exhibit A-1 (such space, hereinafter referred to as the “Expansion Space”) shall be deemed added to and incorporated into the Premises demised under the Lease. Additionally, Tenant shall have the exclusive license to use the area known as the upper floors of The Xxxxxxxx House for general office and storage use only (the “As Is Space”) at no additional cost and Tenant shall not sublet, assign, transfer or otherwise convey or encumber this license, and shall not permit or suffer any other person or entity to use or occupy all or any part of the As Is Space. Upon the Expansion Space Commencement Date, all references to the Premises in the Lease shall include the Expansion Space, and all references to Exhibit A in the Lease shall be deemed to include and refer to Exhibit A-1. The Expansion Space shall be delivered free of all occupants, personal property, trade fixtures and equipment and, except as expressly provided herein, shall be accepted by Tenant in “as-is”, “where-is” condition without any warranty of fitness for use or occupancy, expressed or implied; and Tenant agrees that, except for Landlord’s Work, Landlord has no work to perform in or on the Expansion Space to prepare same for Tenant’s use and occupancy, and that any work to be done in or on the Expansion Space in addition to Landlord’s Work will be performed by Tenant at Tenant’s sole cost and expense in accordance with the terms and conditions of the Lease.

Expansion Space. Upon Effective as of the substantial completion Expansion Space Commencement Date (as defined below), Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, that certain space containing approximately seven thousand four hundred eleven (7,411) square feet of Landlord’s Work Rentable Area located on the first (1st) floor of the Building (as more particularly described on Exhibit A attached hereto, the “Expansion Space”). From and after the Expansion Space Commencement Date, the term “Premises” as used in the Lease shall mean the Existing Premises plus the Expansion Space. 2.1 Expansion Space Term. The Term with respect to the Expansion Space shall commence on the date (the “Expansion Space Commencement Date”)) that is the later of (a) July 1, which is anticipated to be on or about December 15, 2011 2017 and (however, in b) the event of a delay in day immediately following the Expansion Space Commencement Date, Tenant shall not have any claim against Landlord, and Landlord shall have no liability to Tenant, by reason thereof), approximately 3,730 rentable square feet of space on the first floor of The Xxxxxxxx House, 500 Level shown on the plan attached hereto day that Regulus (as Exhibit A-1 (such space, hereinafter referred to as the “Expansion Space”defined below) shall be deemed added to and incorporated into the Premises demised under the Lease. Additionally, Tenant shall have the exclusive license to use the area known as the upper floors of The Xxxxxxxx House for general office and storage use only (the “As Is Space”) at no additional cost and Tenant shall not sublet, assign, transfer or otherwise convey or encumber this license, and shall not permit or suffer any other person or entity to use or occupy all or any part of the As Is Space. Upon the Expansion Space Commencement Date, all references to the Premises in the Lease shall include the Expansion Space, and all references to Exhibit A in the Lease shall be deemed to include and refer to Exhibit A-1. The Expansion Space shall be delivered free of all occupants, personal property, trade fixtures and equipment and, except as expressly provided herein, shall be accepted by Tenant in “as-is”, “where-is” condition without any warranty of fitness for use or occupancy, expressed or implied; and Tenant agrees that, except for Landlord’s Work, Landlord has no work to perform in or on surrenders the Expansion Space to prepare same for Tenant’s use Landlord in accordance with all of the terms, conditions and occupancyprovisions of the Regulus Lease (as defined below), and that any work the Term with respect to be done in or on the Expansion Space in addition to Landlord’s Work will shall thereafter be performed by Tenant at Tenant’s sole cost and expense in accordance coterminous with the terms Term for the Existing Premises, such that the Term with respect to the Existing Premises and conditions the Expansion Space shall expire on the Term Expiration Date (as defined in Article 2 of the LeaseFirst Amendment).

Expansion Space. Upon the substantial completion of Landlord’s Work (the “Expansion Space Commencement Date”), which is anticipated to be on or about December 15, 2011 (however, in the event of a delay in the Expansion Space Commencement Date, Tenant shall not have any claim against Landlord, and Landlord shall have no liability to Tenant, by reason thereof), approximately 3,730 rentable square feet of That certain space located on the first third (3rd) floor of The Xxxxxxxx Housethe 26632 Building known as Suite 305, 500 Level shown as outlined on the floor plan attached hereto as Exhibit A-1 (such spaceEXHIBIT A, hereinafter shall be referred to herein as the “Expansion Space”) .” Landlord and Tenant hereby stipulate that the Expansion Space contains 3,547 rentable square feet. Tenant shall be deemed added commence to and incorporated into pay charges for the Premises demised under Expansion Space pursuant to the Lease. Additionally, as hereby amended, effective as of November 1, 2014 (“Expansion Commencement Date”); provided, however, that Landlord shall provide Tenant with access to the Expansion Space upon full execution and delivery of this Fifth 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 the exclusive license no obligation to use the area known as the upper floors of The Xxxxxxxx House for general office and storage use only (the “As Is Space”) at no additional cost and Tenant shall not sublet, assign, transfer or otherwise convey or encumber this license, and shall not permit or suffer any other person or entity pay Basic Rental with respect to use or occupy all or any part of the As Is Space. Upon the Expansion Space during the period of such access, provided that (i) Tenant’s access shall not interfere with Landlord’s completion of the Improvement Work, (ii) Tenant shall provide a certificate of insurance in accordance with Section 14 of the Original Lease for the Expansion Space prior to such entry, and (iii) the terms and conditions of Section 13(a) of the Original Lease shall apply to such access by Tenant. The addition of the Expansion Space to the Existing Premises shall, effective as of the Expansion Commencement Date, increase the number of rentable square feet leased by Tenant in the Development to a total of 131,267 rentable square feet. Effective as of the Expansion Commencement Date, all references to the “Premises” shall mean and refer to the Existing Premises in the Lease shall include as expanded by the Expansion Space, and all references to Exhibit A in the Lease shall be deemed to include and refer to Exhibit A-1. The Expansion Space shall be delivered free of all occupants, personal property, trade fixtures and equipment and, except as expressly provided herein, shall be accepted by Tenant in “as-is”, “where-is” condition without any warranty of fitness for use or occupancy, expressed or implied; and Tenant agrees that, except for Landlord’s Work, Landlord has no work to perform in or on the Expansion Space to prepare same for Tenant’s use and occupancy, and that any work to be done in or on the Expansion Space in addition to Landlord’s Work will be performed by Tenant at Tenant’s sole cost and expense in accordance with the terms and conditions of the Lease.

Expansion Space. Upon Subject to the substantial completion of terms and conditions set forth herein, Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord’s Work (the “Expansion Space Commencement Date”), which is anticipated to be for a term beginning on or about December 15, 2011 (however, in the event of a delay in the Expansion Space Commencement Date and ending on the Expansion Space Expiration Date, Tenant shall not have any claim against Landlord, and Landlord shall have no liability to Tenant, by reason thereof), approximately 3,730 5,293 rentable square feet of space on in the first floor of The Xxxxxxxx HouseBuilding, 500 Level which is shown on the plan attached hereto as Exhibit A-1 A (such space, hereinafter referred to as the “Expansion Space”). As of the Effective Date, the aggregate number of rentable square feet of space demised to Tenant under the Lease (consisting of the Original Premises and the Expansion Space) shall be deemed added 16,314. Notwithstanding any provision to and incorporated into the Premises demised under contrary contained in the Lease. Additionally, (i) Landlord hereby warrants and represents to Tenant shall have the exclusive license to use the area known that, as the upper floors of The Xxxxxxxx House for general office and storage use only (the “As Is Space”) at no additional cost and Tenant shall not sublet, assign, transfer or otherwise convey or encumber this license, and shall not permit or suffer any other person or entity to use or occupy all or any part of the As Is Space. Upon the Expansion Space Commencement Date, all references to the Premises in the Lease shall include the Expansion Space, and all references to Exhibit A in the Lease shall be deemed to include and refer to Exhibit A-1. The Expansion Space shall be delivered free date of all occupants, personal property, trade fixtures and equipment and, except as expressly provided herein, shall be accepted by Tenant in “as-is”, “where-is” condition without any warranty delivery of fitness for use or occupancy, expressed or implied; and Tenant agrees that, except for Landlord’s Work, Landlord has no work to perform in or on the Expansion Space to prepare same for Tenant’s use and occupancy, and that any work to be done in or on the base Building systems serving the Expansion Space as of such date, including HVAC, electrical, life safety, mechanical and plumbing systems (collectively, the “Base Building Systems”), shall be in addition good working order and condition, (ii) Landlord hereby warrants and represents, to the best of Landlord’s Work will be performed by knowledge, to Tenant at Tenant’s sole cost and expense in accordance with the terms and conditions that, as of the Lease.date of delivery of the Expansion Space to Tenant, the base Building is structurally sound and the Base Building Systems serving the Expansion Space are not in violation of any applicable Legal Requirements (hereinafter defined), (iii) Landlord hereby warrants and represents to Tenant that, to the best of Landlord’s knowledge, as of the date of delivery of the Expansion Space to Tenant, the Expansion Space (specifically excluding any Tenant Improvements (hereinafter defined) and any Expansion Space

Expansion Space. Upon the substantial completion of Landlord’s Work (the “Expansion Space Commencement Date”), which is anticipated to be on or about December 15, 2011 (however, in the event of a delay in the Expansion Space Commencement Date, Tenant shall not have any claim against Landlord, and Landlord shall have no liability to Tenant, by reason thereof), approximately 3,730 rentable square feet of That certain space located on the first third (3rd) floor of The Xxxxxxxx Housethe 26632 Building known as Suite 305, 500 Level shown as outlined on the floor plan attached hereto as Exhibit A-1 (such spaceEXHIBIT A, hereinafter shall be referred to herein as the “Expansion Space”) .” Landlord and Tenant hereby stipulate that the Expansion Space contains 3,547 rentable square feet. Tenant shall be deemed added commence to and incorporated into pay charges for the Premises demised under Expansion Space pursuant to the Lease. Additionally, as hereby amended, effective as of November 1, 2014 (“Expansion Commencement Date”); provided, however, that Landlord shall provide Tenant with access to the Expansion Space upon full execution and delivery of this Fifth 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 the exclusive license no obligation to use the area known as the upper floors of The Xxxxxxxx House for general office and storage use only (the “As Is Space”) at no additional cost and Tenant shall not sublet, assign, transfer or otherwise convey or encumber this license, and shall not permit or suffer any other person or entity pay Basic Rental with respect to use or occupy all or any part of the As Is Space. Upon the Expansion Space during the period of such access, provided 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 Section 14 of the Original Lease for the Expansion Space prior to such entry, and (iii) the terms and conditions of Section 13(a) of the Original Lease shall apply to such access by Tenant. The addition of the Expansion Space to the Existing Premises shall, effective as of the Expansion Commencement Date, increase the number of rentable square feet leased by Tenant in the Development to a total of 131,267 rentable square feet. Effective as of the Expansion Commencement Date, all references to the “Premises” shall mean and refer to the Existing Premises in the Lease shall include as expanded by the Expansion Space, and all references to Exhibit A in the Lease shall be deemed to include and refer to Exhibit A-1. The Expansion Space shall be delivered free of all occupants, personal property, trade fixtures and equipment and, except as expressly provided herein, shall be accepted by Tenant in “as-is”, “where-is” condition without any warranty of fitness for use or occupancy, expressed or implied; and Tenant agrees that, except for Landlord’s Work, Landlord has no work to perform in or on the Expansion Space to prepare same for Tenant’s use and occupancy, and that any work to be done in or on the Expansion Space in addition to Landlord’s Work will be performed by Tenant at Tenant’s sole cost and expense in accordance with the terms and conditions of the Lease.