Common use of Expansion Space Clause in Contracts

Expansion Space. 2.1 The "Future Premises" is hereby redefined to be all of the interior RSF on Floor 1 in the Building, with the exceptions of (a) the portions thereof already included in the Initial Premises, (b) a certain below-described common area lobby (which may be excluded on only a temporary basis, as outlined below) and (c) the portion thereof in excess of 25,000 RSF. Such excess portion (likely to be roughly 3,000 RSF to roughly 5,000 RSF) shall be deemed to be part of the below-described "Expansion Space" and shall hereinafter be referred to as the "Higher Rent Portion of Floor 1", because the primary reason for drawing a distinction between the Future Premises and the Higher Rent Portion of Floor 1 is that the Higher Rent Portion of Floor 1, being a part of the Expansion Space, will cost Tenant and generate to Landlord higher rent than is the case with regard to the Future Premises. The "Expansion Space" is hereby defined to be the Higher Rent Portion of Floor 1 and all of the interior RSF on Floors 2, 3 and 4 in the Building, with the exception of the portions thereof already included in the Initial Premises, and with the further exception of a certain below-described common area lobby (which may be excluded on only a temporary basis, as outlined below). In other words, the Expansion Space is made up of (a) the Higher Rent Portion of Floor 1, (b) roughly the south half of Floors 2 and 3, each of which half floor contains roughly 30,000 RSF, and (c) roughly 25,000 RSF on Floor 4, yielding an Expansion Space totaling approximately 90,000 RSF. The Floor 2 portion of the Expansion Space shall hereinafter be referred to as "Expansion Space Two"; the Floor 3 portion of the Expansion Space shall hereinafter be referred to as "Expansion Space Three" ; and the Floor 4 portion of the Expansion Space shall hereinafter be referred to as "Expansion Space Four". 2.2 The RSF in the Expansion Space shall be measured in accordance with Section 2(a) of the Lease. Landlord and Tenant acknowledge and agree that the Future Premises and all of the Expansion Space will forever exclude an exterior entrance (on Floor 1) and small elevator lobby (on Floors 1 through 4) in the southeast corner of the Building, which entrance and lobby shall serve the occupants of the Ground Floor and Floor 5. The location and approximate dimensions of such southeast entrance and lobby are shown on the floor plan attached hereto as Exhibit A, and incorporated herein by this reference. In addition, at least until such time as Tenant has occupied all of the Expansion Space and the Future Premises, the Future Premises shall also exclude an exterior entrance and common area elevator lobby located on the eastern side of the Future Premises north of the loading docks (such entrance and lobby shall hereinafter be referred to as the "South Building Lobby"). The location and approximate dimensions of the South Building Lobby are shown on Exhibit A. Finally, at least until such time as Tenant has occupied all of the Expansion Space and the Future Premises, Expansion Space Two will exclude the skybridge entrance and common area lobby located on the eastern side of Expansion Space Two immediately adjacent to the skybridge (such entrance and lobby shall hereinafter be referred to as the "Skybridge Lobby"). The location and approximate dimensions of the Skybridge Lobby are shown on the floor plan attached hereto as Exhibit A and incorporated herein by this reference. The Art Institute of Seattle ("AIS") is the current tenant of the Ground Floor and Floor 5. Under its lease, AIS's staff and employees (as distinct from students) have the right to enter the Building at the Skybridge Lobby and to then take an elevator in the Skybridge Lobby to the South Building Lobby, at which point they must exit the Building and re-enter at the above- described southeast entrance and lobby or at their newly created entrance on the southwest corner of the Ground Floor. If AIS relinquishes such rights to the Skybridge Lobby and the South Building Lobby on or before the date on which Tenant occupies all of the Expansion Space and the Future Premises, which Landlord currently thinks is likely, then, once Tenant has occupied all of the Expansion Space and the Future Premises, the Future Premises and Expansion Space Two will include the South Building Lobby and the Skybridge Lobby, respectively. If, on the other hand, AIS does not relinquish such rights on or before the date on which Tenant occupies all of the Expansion Space and the Future Premises, then the Future Premises and Expansion Space Two will exclude the South Building Lobby and the Skybridge Lobby, respectively, throughout the entire term of the Lease. Finally, Sections 2(b) and 2(c) of the Lease are hereby revised by deleting all references to the "AIS Elliot Level Space". 2.3 In lieu of having the right to designate the location of the Future Premises through July 1, 1999, as such right is outlined in Section 2(c) of the Lease, Landlord shall have the right through July 1, 1999 to reverse Expansion Space Three and Expansion Space Four, so that the Floor 3 portion of the Expansion Space shall become Expansion Space Four and the Floor 4 portion of the Expansion Space shall become Expansion Space Three.

Expansion Space. 2.1 The "Future Premises" is hereby redefined to be all of the interior RSF on Floor 1 in the Building, with the exceptions of (a) Landlord and Tenant hereby acknowledge and agree that Section 29 of the portions thereof already included Lease are hereby deleted in the Initial Premisestheir entirety, and Tenant shall have no further rights under such provisions. (b) a certain below-described common area lobby If Landlord and Tenant shall enter into an additional amendment to the Lease on or before January 31, 2004, pursuant to which: (which may be excluded on only a temporary basisi) Tenant leases all, as outlined below) and (c) the portion thereof in excess of 25,000 RSF. Such excess portion (likely to be roughly 3,000 RSF to roughly 5,000 RSF) shall be deemed to be part not less than all, of the below-described 51,254 square feet of gross rentable area in the Building depicted as the "Expansion Space" on Exhibit A attached hereto and shall hereinafter be referred to as made a part hereof (the "Higher Rent Portion Expansion Space") for the remainder of Floor 1the Term; and (ii) Tenant accepts the Expansion Space in its then current "as is" condition, because and pursuant to such other terms and conditions upon which Landlord and Tenant shall mutually agree in their respective sole and absolute discretion, then Landlord shall make the primary reason for drawing a distinction between $90,000 TI Allowance available to Tenant in accordance with Section 9.2 of the Future Premises Lease and Section 5 of the Higher Rent Portion of Floor 1 is that Work Letter. (c) If the Higher Rent Portion of Floor 1condition precedent described in Section 5(b) shall not have been satisfied on or before January 31, being a part 2004, and: (i) Landlord leases all of the Expansion SpaceSpace to a tenant other than Tenant, will cost Tenant then, (x) Landlord shall construct a standard demising wall between the Premises (as expanded under this First Amendment) and generate to Landlord higher rent than is the case with regard to the Future Premises. The "Expansion Space" is hereby defined to be the Higher Rent Portion of Floor 1 and all of the interior RSF on Floors 2, 3 and 4 in the Building, with the exception of the portions thereof already included in the Initial Premises, and with the further exception of a certain below-described common area lobby (which may be excluded on only a temporary basis, as outlined below). In other words, the Expansion Space is made at Landlord's sole cost and expense; and (y) Landlord shall be required to pay up to the $90,000 TI Allowance to Tenant solely to reimburse Tenant for all reasonable costs and expenses of (a) Tenant relating to the Higher Rent Portion construction of Floor 1, (b) roughly the south half of Floors 2 office space to be located in the Premises and 3, each of which half floor contains roughly 30,000 RSFdescribed in Schedule 1 to the Work Letter, and for no other costs and expenses; or (cii) roughly 25,000 RSF on Floor 4, yielding an Expansion Space totaling approximately 90,000 RSF. The Floor 2 Landlord shall lease all or a portion of the Expansion Space shall hereinafter be referred to as "Expansion Space Two"; the Floor 3 portion of the Expansion Space shall hereinafter be referred to as "Expansion Space Three" ; and the Floor 4 portion of the Expansion Space shall hereinafter be referred to as "Expansion Space Four". 2.2 The RSF in the Expansion Space shall be measured Tenant (other than in accordance with Section 2(a5(b) of the Lease. Landlord and Tenant acknowledge and agree that the Future Premises and all of the Expansion Space will forever exclude an exterior entrance (on Floor 1) and small elevator lobby (on Floors 1 through 4) in the southeast corner of the Building, which entrance and lobby shall serve the occupants of the Ground Floor and Floor 5. The location and approximate dimensions of such southeast entrance and lobby are shown on the floor plan attached hereto as Exhibit A, and incorporated herein by this reference. In addition, at least until such time as Tenant has occupied all of the Expansion Space and the Future Premises, the Future Premises shall also exclude an exterior entrance and common area elevator lobby located on the eastern side of the Future Premises north of the loading docks (such entrance and lobby shall hereinafter be referred to as the "South Building Lobby"above). The location and approximate dimensions of the South Building Lobby are shown on Exhibit A. Finally, at least until such time as Tenant has occupied all of the Expansion Space and the Future Premises, Expansion Space Two will exclude the skybridge entrance and common area lobby located on the eastern side of Expansion Space Two immediately adjacent to the skybridge (such entrance and lobby shall hereinafter be referred to as the "Skybridge Lobby"). The location and approximate dimensions of the Skybridge Lobby are shown on the floor plan attached hereto as Exhibit A and incorporated herein by this reference. The Art Institute of Seattle ("AIS") is the current tenant of the Ground Floor and Floor 5. Under its lease, AIS's staff and employees (as distinct from students) have the right to enter the Building at the Skybridge Lobby and to then take an elevator in the Skybridge Lobby to the South Building Lobby, at which point they must exit the Building and re-enter at the above- described southeast entrance and lobby or at their newly created entrance on the southwest corner of the Ground Floor. If AIS relinquishes such rights to the Skybridge Lobby and the South Building Lobby on or before the date on which Tenant occupies all of the Expansion Space and the Future Premises, which Landlord currently thinks is likely, then, once Tenant has occupied all of the Expansion Space and the Future Premises, the Future Premises and Expansion Space Two will include the South Building Lobby and the Skybridge Lobby, respectively. If, on the other hand, AIS does not relinquish such rights on or before the date on which Tenant occupies all of the Expansion Space and the Future Premises, then the Future Premises and Expansion Space Two will exclude the South Building Lobby and the Skybridge Lobby, respectively, throughout the entire term of the Lease. Finally, Sections 2(b) and 2(c) Section 9.2 of the Lease are hereby revised by deleting all references to the "AIS Elliot Level Space". 2.3 In lieu of having the right to designate the location and Section 5 of the Future Premises through July 1, 1999, as Work Letter shall be amended such right is outlined in Section 2(c) of the Lease, Landlord shall have the right through July 1, 1999 to reverse Expansion Space Three and Expansion Space Four, so that the Floor 3 portion of the Expansion Space term "TI Allowance" shall become Expansion Space Four and the Floor 4 portion of the Expansion Space shall become Expansion Space Threebe defined as "zero dollars ($0.00)."

Expansion Space. 2.1 The "Future Premises" is hereby redefined Tenant shall have two (2) “Expansion Space Options”, as follows: (i) Tenant shall have a one-time option to be all lease from Landlord certain space on the eighth (8th) floor of the interior RSF Building (“Expansion Space #1”), comprising not less than five thousand (5,000) rentable square feet and not more than seven thousand five hundred (7,500) rentable square feet, at a location contiguous to the Initial Eighth Floor Space (except as provided below), as such Expansion Space #1 is reasonably designated by Landlord, which space (A) shall have a demising wall which connects the corridor wall in the Common Areas of the floor on which Expansion Space #1 is located to a mullion in a straight line, except for a deviation of not to exceed ten feet (10’) and (B) shall result in the remainder of the space located on the floor on which Expansion Space #1 is located and which is not then leased by Tenant being in marketable condition; provided, however, that in the event that Tenant does not lease all or any portion of the Initial Eighth Floor 1 in Space and Tenant does not lease all space on the Seventh (7th) floor of the Building, then Expansion Space #1 shall be all space on the seventh (7th) floor of the Building which is not leased by Tenant (even if such Expansion Space #1 is less than five thousand (5,000) rentable square feet) or, if at such time no rentable square footage is available for Expansion Space #1 on the seventh (7th) floor of the Building, then Landlord shall reasonably designate space on the eighth (8th) floor of the Building as Expansion Space #1 in accordance with the exceptions of (a) the portions thereof already included in the Initial Premisesforegoing criteria. Expansion Space #1, (b) a certain below-described common area lobby (which may be excluded on only a temporary basisif and when so leased by Tenant, as outlined below) and (c) the portion thereof in excess of 25,000 RSF. Such excess portion (likely to be roughly 3,000 RSF to roughly 5,000 RSF) shall be deemed to be become part of the below-described "Expansion Space" Premises and shall hereinafter be referred subject to the terms and conditions of this Lease, except as set forth in this Section 41; and (ii) Tenant shall have a one-time option to lease from Landlord certain space on the "Higher Rent Portion of Floor 1", because the primary reason for drawing a distinction between the Future Premises and the Higher Rent Portion of Floor 1 is that the Higher Rent Portion of Floor 1, being a part eighth (8th) floor of the Expansion Space, will cost Tenant and generate to Landlord higher rent than is the case with regard to the Future Premises. The "Expansion Space" is hereby defined to be the Higher Rent Portion of Floor 1 and all of the interior RSF on Floors 2, 3 and 4 in the Building, with the exception of the portions thereof already included in the Initial Premises, and with the further exception of a certain below-described common area lobby Building (which may be excluded on only a temporary basis, as outlined below). In other words, the “Expansion Space is made up of #2”), comprising not less than five thousand (a5,000) rentable square feet and not more than seven thousand five hundred (7,500) rentable square feet on the Higher Rent Portion of Floor 1, eighth (b8th) roughly the south half of Floors 2 and 3, each of which half floor contains roughly 30,000 RSF, and (c) roughly 25,000 RSF on Floor 4, yielding an Expansion Space totaling approximately 90,000 RSF. The Floor 2 portion of the Expansion Space shall hereinafter be referred to as "Expansion Space Two"; the Floor 3 portion of the Expansion Space shall hereinafter be referred to as "Expansion Space Three" ; and the Floor 4 portion of the Expansion Space shall hereinafter be referred to as "Expansion Space Four". 2.2 The RSF in the Expansion Space shall be measured in accordance with Section 2(a) of the Lease. Landlord and Tenant acknowledge and agree that the Future Premises and all of the Expansion Space will forever exclude an exterior entrance (on Floor 1) and small elevator lobby (on Floors 1 through 4) in the southeast corner of the Building, which entrance and lobby Expansion Space #2 shall serve the occupants be contiguous (except as provided below) to Tenant’s portion of the Ground Floor Premises then located on the eighth (8th) floor of the Building, which Expansion Space #2 shall be in a location reasonably designated by Landlord, which space (A) shall have a demising wall which connects the corridor wall in the Common Areas of the floor on which Expansion Space #2 is located to a mullion in a straight line, except for a deviation of not to exceed ten feet (10’), and Floor 5. The location and approximate dimensions (B) shall result in the remainder of such southeast entrance and lobby are shown the space located on the floor plan attached hereto as Exhibit Aon which Expansion Space #2 is located and which is not then leased by Tenant being in marketable condition; provided, and incorporated herein however, that in the event that Tenant does not lease all or any portion of the Initial Eighth Floor Space, then Expansion Space #2 shall be all space on the seventh (7th) floor of the Building which is not leased by this reference. In additionTenant (even if such Expansion Space #2 is less than five thousand (5,000) rentable square feet), or, if at least until such time as Tenant has occupied all no rentable square footage is available for Expansion Space #2 on the seventh (7th) floor of the Building, then Landlord shall reasonably designate space on the eighth (8th) floor of the Building as Expansion Space and #2 in accordance with the Future Premisesforegoing criteria. Notwithstanding the foregoing, in the Future Premises shall also exclude an exterior entrance and common area elevator lobby located on the eastern side of the Future Premises north of the loading docks (such entrance and lobby shall hereinafter be referred event that Tenant exercises its option to as the "South Building Lobby"). The location and approximate dimensions of the South Building Lobby are shown on Exhibit A. Finally, at least until such time as Tenant has occupied all of the lease both Expansion Space and the Future Premises, Expansion Space Two will exclude the skybridge entrance and common area lobby located on the eastern side of Expansion Space Two immediately adjacent to the skybridge (such entrance and lobby shall hereinafter be referred to as the "Skybridge Lobby"). The location and approximate dimensions of the Skybridge Lobby are shown on the floor plan attached hereto as Exhibit A and incorporated herein by this reference. The Art Institute of Seattle ("AIS") is the current tenant of the Ground Floor and Floor 5. Under its lease, AIS's staff and employees (as distinct from students) have the right to enter the Building at the Skybridge Lobby and to then take an elevator in the Skybridge Lobby to the South Building Lobby, at which point they must exit the Building and re-enter at the above- described southeast entrance and lobby or at their newly created entrance on the southwest corner of the Ground Floor. If AIS relinquishes such rights to the Skybridge Lobby and the South Building Lobby on or before the date on which Tenant occupies all of the Expansion Space and the Future Premises, which Landlord currently thinks is likely, then, once Tenant has occupied all of the Expansion Space and the Future Premises, the Future Premises #1 and Expansion Space Two will include #2, Tenant acknowledges that the South Building Lobby and the Skybridge Lobby, respectively. If, on the other hand, AIS does not relinquish such rights on or before the date on which Tenant occupies all aggregate number of the square feet of rentable space in Expansion Space and the Future Premises, then the Future Premises #1 and Expansion Space Two will exclude #2 shall not exceed the South Building Lobby and number of square feet of rentable space on the Skybridge Lobby, respectively, throughout the entire term eighth (8th) floor of the Building which is not then already leased to Tenant pursuant to this Lease. Finally, Sections 2(b) and 2(c) of the Lease are hereby revised by deleting all references to the "AIS Elliot Level Space". 2.3 In lieu of having the right to designate the location of the Future Premises through July 1, 1999, as such right is outlined in Section 2(c) of the Lease, Landlord shall have the right through July 1, 1999 to reverse Expansion Space Three and Expansion Space Four, so that the Floor 3 portion of the Expansion Space shall become Expansion Space Four and the Floor 4 portion of the Expansion Space shall become Expansion Space Three.

Expansion Space. 2.1 The "Future Premises" is hereby redefined If, at any time prior to be all the fourteenth (14th) anniversary of the interior RSF Commencement Date, Landlord shall desire to lease any space on Floor 1 the fifteenth (15th) floor of the Building comprising 5,000 rentable square feet or more (each such specific space being hereinafter referred to as the "Expansion Space") to a third party other than the existing tenant in any such space (each an "Interested Party"), Landlord shall offer the Expansion Space to Tenant by written notice (ALandlord's Notice@) before offering the same to any party other than an Interested Party, which notice shall set forth the terms and conditions upon which Landlord is willing to lease such Expansion Space. Provided and upon the condition that at all times this Lease shall be in full force and effect and Tenant shall not be in default hereunder (and no condition exists which with notice and/or the passage of time would constitute a default), this Lease shall not have been assigned and Tenant shall personally be in use and occupancy of, and not subleasing, the entire Premises, then only on the first occasion on which the Expansion Space becomes available for leasing, Tenant shall have the right, exercisable by notice to Landlord within ten (10) days of the date of Landlord's Notice, the time being of the essence, to lease the Expansion Space specified in Landlord's Notice upon the terms and conditions contained therein, in which event Landlord and Tenant shall enter into an amendment of this Lease reasonably acceptable to Landlord to provide for (i) the inclusion of such Expansion Space in the BuildingPremises, (ii) an increase in the Rent by an amount as determined in accordance with subsection B below), (iii) a modification of the exceptions definition of (a) Tenant's Proportionate Share to accurately represent the portions thereof already included in percentage that the Initial rentable area of the Premises, together with rentable area of such portion of the Expansion Space, bears to the total rentable area of the Building and (b) a certain below-described common area lobby (which may be excluded on only a temporary basis, as outlined below) the Security Deposit to increase the same in the same proportion that the existing Security Deposit bears to the Premises then demised hereunder and (civ) an abatement in the portion thereof Base Rent payable for the Expansion Space, determined on the basis of a twelve (12) month abatement period reduced proportionally in excess relation to the number of 25,000 RSFyears that the term that the Expansion Space will be leased to Tenant bears to the initial Term hereof. Such excess portion In all other respects, the terms and conditions contained in this Lease (likely including rent adjustments, escalations and base years) shall remain unmodified. In the event that Tenant fails to exercise its right as aforesaid within ten (10) days of the date of Landlord's Notice, Tenant shall be roughly 3,000 RSF deemed to roughly 5,000 RSFhave waived its rights under this Article with respect to the Expansion Space described in Landlord's Notice, Landlord shall have the absolute right to lease the Expansion Space specified in Landlord's Notice to any other person or entity and Tenant shall have no further rights with respect to such space. In the event that Tenant shall have exercised its right as aforesaid but Landlord and Tenant fail to mutually execute an amendment of this Lease as aforesaid within thirty (30) days from the date of Landlord's Notice, the Expansion Space shall be deemed to be part of included within the below-described "Expansion Space" Premises without such written amendment upon the terms, conditions and shall hereinafter be referred to as the "Higher Rent Portion of Floor 1", because the primary reason for drawing a distinction between the Future Premises and the Higher Rent Portion of Floor 1 is that the Higher Rent Portion of Floor 1, being a part of the Expansion Space, will cost Tenant and generate to Landlord higher rent than is the case with regard to the Future Premises. The "Expansion Space" is hereby defined to be the Higher Rent Portion of Floor 1 and all of the interior RSF on Floors 2, 3 and 4 provisions contained in the Building, with the exception of the portions thereof already included in the Initial Premises, and with the further exception of a certain below-described common area lobby (which may be excluded on only a temporary basis, as outlined below). In other words, the Expansion Space is made up of (a) the Higher Rent Portion of Floor 1, (b) roughly the south half of Floors 2 and 3, each of which half floor contains roughly 30,000 RSF, and (c) roughly 25,000 RSF on Floor 4, yielding an Expansion Space totaling approximately 90,000 RSF. The Floor 2 portion of the Expansion Space shall hereinafter be referred to as "Expansion Space Two"; the Floor 3 portion of the Expansion Space shall hereinafter be referred to as "Expansion Space Three" ; and the Floor 4 portion of the Expansion Space shall hereinafter be referred to as "Expansion Space Four". 2.2 The RSF in the Expansion Space shall be measured in accordance with Section 2(a) of the Lease. Landlord and Tenant acknowledge and agree that the Future Premises and all of the Expansion Space will forever exclude an exterior entrance (on Floor 1) and small elevator lobby (on Floors 1 through 4) in the southeast corner of the Building, which entrance and lobby shall serve the occupants of the Ground Floor and Floor 5. The location and approximate dimensions of such southeast entrance and lobby are shown on the floor plan attached hereto as Exhibit A, and incorporated herein by this reference. In addition, at least until such time as Tenant has occupied all of the Expansion Space and the Future Premises, the Future Premises shall also exclude an exterior entrance and common area elevator lobby located on the eastern side of the Future Premises north of the loading docks (such entrance and lobby shall hereinafter be referred to as the "South Building Lobby"). The location and approximate dimensions of the South Building Lobby are shown on Exhibit A. Finally, at least until such time as Tenant has occupied all of the Expansion Space and the Future Premises, Expansion Space Two will exclude the skybridge entrance and common area lobby located on the eastern side of Expansion Space Two immediately adjacent to the skybridge (such entrance and lobby shall hereinafter be referred to as the "Skybridge Lobby"). The location and approximate dimensions of the Skybridge Lobby are shown on the floor plan attached hereto as Exhibit A and incorporated herein by this reference. The Art Institute of Seattle ("AIS") is the current tenant of the Ground Floor and Floor 5. Under its lease, AIS's staff and employees (as distinct from students) have the right to enter the Building at the Skybridge Lobby and to then take an elevator in the Skybridge Lobby to the South Building Lobby, at which point they must exit the Building and re-enter at the above- described southeast entrance and lobby or at their newly created entrance on the southwest corner of the Ground Floor. If AIS relinquishes such rights to the Skybridge Lobby and the South Building Lobby on or before the date on which Tenant occupies all of the Expansion Space and the Future Premises, which Landlord currently thinks is likely, then, once Tenant has occupied all of the Expansion Space and the Future Premises, the Future Premises and Expansion Space Two will include the South Building Lobby and the Skybridge Lobby, respectively. If, on the other hand, AIS does not relinquish such rights on or before the date on which Tenant occupies all of the Expansion Space and the Future Premises, then the Future Premises and Expansion Space Two will exclude the South Building Lobby and the Skybridge Lobby, respectively, throughout the entire term of the Lease. Finally, Sections 2(b) and 2(c) of the Lease are hereby revised by deleting all references to the "AIS Elliot Level Space". 2.3 In lieu of having the right to designate the location of the Future Premises through July 1, 1999, as such right is outlined in Section 2(c) of the Lease, Landlord shall have the right through July 1, 1999 to reverse Expansion Space Three and Expansion Space Four, so that the Floor 3 portion of the Expansion Space shall become Expansion Space Four and the Floor 4 portion of the Expansion Space shall become Expansion Space Threeexcept as otherwise set forth in Landlord's Notice.