Common use of Expansion Terms Clause in Contracts

Expansion Terms. The Expansion Space shall be leased to Tenant on the same terms, covenants and conditions contained in this Lease, except as provided in this Article and except that the Basic Rent for the Expansion Space due and payable each month shall be computed in accordance with Section 18.5 below and paid along with the Basic Rent provided in Item 10 of the Basic Terms. The Basic Rent per rentable square foot for the Expansion Space shall be increased from time to time in accordance with any proportionate increases to the Basic Rent provided under Item 10 of the Basic Terms and under Section 18.3 above (provided that increases in the Expansion Space Rent shall not occur until the sixty-third (63rd) month after the Expansion Space Commencement Date). If Tenant exercises any Expansion Option, Landlord and Tenant shall enter into an amendment of this Lease setting forth the adjusted Basic Rent and other relevant provisions based on the increase in the area of the Premises effective on the Expansion Space Commencement Date. If Tenant exercises its Expansion Option, then (a) all references to the Premises shall include the Expansion Space and Expansion Land, and all references to the Land shall include the Expansion Land, effective as of the Expansion Space Commencement Date; (b) Landlord shall be subject to the same monetary penalties for failure to deliver the Expansion Space by the Desired Occupancy Date as are (provided in Section 1.3 for failure to deliver the Premises by August 1, 1998 provided that Tenant shall not have the termination rights set forth in Section 1.3); and (c) Tenant shall be entitled to the same early occupancy rights for the Expansion Space as those set forth in Section 1.2.2 and in the Work Letter for the Premises.

Expansion Terms. The In the event Tenant timely and validly exercises an Expansion Space Option, the Premises shall be leased expanded to include the Applicable Expansion Suite and all terms and conditions of the Lease as modified by this First Amendment shall be applicable to the Applicable Expansion Suite, subject to the following: (i) Landlord shall deliver possession of the Applicable Expansion Suite to Tenant in its present condition with all fixtures and all Building systems located in the Applicable Expansion Suite (including, without limitation, electrical panels, HVAC units, if any, and equipment and plumbing equipment) in good order and repair on the sixtieth (60th) day following Landlord’s receipt of an Expansion Notice. Except as otherwise expressly provided herein, Tenant acknowledges that the Applicable Expansion Suite will be delivered “as is”; (ii) Commencing as of the date Landlord delivers possession of the Applicable Expansion Suite to Tenant, Annual Base Rent and Monthly Base Rent shall be proportionately increased (it being agreed that Tenant shall pay the same termsamount of Annual Base Rent and Monthly Base Rent for the Applicable Expansion Suite, covenants on a per square foot basis, as is payable from time to time for the First Expansion Premises, as set forth in Paragraph 3 of this Amendment) and conditions contained Tenant’s Proportionate Share shall be appropriately adjusted; (iii) Provided that an Applicable Expansion Suite is added to the Premises under the terms of this Paragraph 8, and Tenant has commenced paying Rent on the Applicable Expansion Suite by no later than January 1, 2015, Landlord shall make available to Tenant up to, but not in excess of Ten Dollars ($10.00) for each rentable square foot of the Applicable Expansion Suite (the “Improvement Allowance”) for Alterations which have been approved by Landlord in writing. If Landlord is not able to deliver possession of an Applicable Expansion Suite to Tenant within ninety (90) days after receipt of an Expansion Notice, and Tenant has not timely elected to rescind the Expansion Notice, as provided in Paragraph 8.1 of this First Amendment, then the January 1, 2015 deadline in this Leasesubparagraph 8.2(iii) shall be extended by the number of days which have elapsed between the Landlord’s receipt of the particular Expansion Notice and the actual date Landlord delivers possession of the Applicable Expansion Suite to Tenant. The Improvement Allowance may not be used by Tenant to purchase machines, except equipment, furniture, or other movable personal property. From time to time, but not more frequently than once every thirty (30) days, Landlord shall pay to Tenant, within twenty (20) days following Tenant’s written request together with supporting documentation, the cost of approved Alterations which have been completed in the Applicable Expansion Suite, but not to exceed the amount of the Improvement Allowance, provided that Tenant shall have first furnished to Landlord evidence reasonably satisfactory to Landlord, including unconditional mechanics’ lien releases, that all of the Alterations covered by each payment request have been completed and paid for in full by Tenant. The amount paid by Landlord pursuant to this Paragraph 8.2 (iii) shall constitute a contribution in aid of refurbishing and construction and Tenant shall not be obligated to repay the same to Landlord. Notwithstanding anything to the contrary contained herein, Landlord shall not be obligated to make any payment of the Improvement Allowance for so long as any Default of Tenant under the Lease remains uncured. Any request for payment under this paragraph must be made by no later than May 31, 2015. Except as provided in this Article and except that the Basic Rent for the Expansion Space due and payable each month paragraph, all Alterations shall be computed in accordance with Section 18.5 below and paid along with the Basic Rent provided in Item 10 of the Basic Terms. The Basic Rent per rentable square foot for the made at Tenant’s expense; (iv) Each time an Applicable Expansion Space shall be increased from time to time in accordance with any proportionate increases Suite is added to the Basic Rent provided under Item 10 of the Basic Terms and under Section 18.3 above (provided that increases in the Expansion Space Rent shall not occur until the sixty-third (63rd) month after the Expansion Space Commencement Date). If Tenant exercises any Expansion OptionPremises, Landlord and Tenant shall enter into execute an amendment to the Lease which documents the addition of this Lease setting forth the adjusted Basic Applicable Expansion Suite and specifies the increased Annual Base Rent and other relevant provisions based on the increase in Monthly Base Rent and the area increased Tenant’s Proportionate Share figure as a result of the Premises effective on the Expansion Space Commencement Date. If Tenant exercises its Expansion Option, then (a) all references to the Premises shall include the Expansion Space and Expansion Land, and all references to the Land shall include the Expansion Land, effective as addition of the Applicable Expansion Space Commencement DateSuite; and (b) Landlord shall be subject to the same monetary penalties for failure to deliver the Expansion Space by the Desired Occupancy Date as are (provided in Section 1.3 for failure to deliver the Premises by August 1, 1998 provided that Tenant shall not have the termination rights set forth in Section 1.3); and (cv) Tenant shall be entitled have the right to make Alterations in the same early occupancy rights for the Applicable Expansion Space as those set forth in Section 1.2.2 Suite, subject to Landlord’s prior review and written approval, and in accordance with the Work Letter for terms and conditions of the PremisesLease applicable to Alterations.

Expansion Terms. The Expansion Space shall be leased to Base Rent payable by Tenant on the same terms, covenants and conditions contained in this Lease, except as provided in this Article and except that the Basic Rent for the Expansion Space due and payable each month (the “Expansion Rent”) shall be computed in accordance with Section 18.5 below and paid along with the Basic then current Base Rent provided in Item 10 of then payable for the Basic Terms. The Basic Rent Premises per rentable square foot and shall commence thirty (30) days after the Expansion Date. Landlord shall deliver the Expansion Space to Tenant on or before the Expansion Date. Tenant shall take the Expansion Space in its “as is” condition, provided that Tenant shall be entitled to a tenant improvement allowance in the amount of Thirty One and 07/100 Dollars ($31.07) per rentable square foot of the Expansion Space for the costs relating to the initial design and construction of improvements in the Expansion Space to be disbursed in the same manner as provided in the Tenant Work Letter attached as Exhibit B to this Lease. If Tenant timely exercises Tenant’s right to lease Expansion Space as set forth herein, Landlord and Tenant shall promptly (using commercially reasonable efforts to do so within fifteen (15) days after determination of the Expansion Rent, but in to event longer than thirty (30) days) execute an amendment adding such Expansion Space to this Lease upon the same terms and conditions as the initial Premises, except as otherwise set forth in this Lease. Tenant shall commence payment of rent for the Expansion Space and the term of the Expansion Space shall commence upon the date of delivery of the Expansion Space to Tenant (the “Expansion Space Commencement Date”). The Base Year for the Expansion Space shall be increased from time the calendar year in which the Expansion Date occurs, unless the Expansion Date occurs in the fourth quarter of a year, in which event the Base Year for such Expansion Space shall be the next calendar year. Subject to time in accordance with any proportionate increases Tenant’s options to extend the Basic Rent provided under Item 10 of the Basic Terms and Lease Term under Section 18.3 above (provided that increases in the Expansion Space Rent shall not occur until the sixty-third (63rd) month after the Expansion Space Commencement Date). If Tenant exercises any Expansion Option, Landlord and Tenant shall enter into an amendment 2.2 of this Lease setting forth Lease, the adjusted Basic Rent and other relevant provisions based on the increase in the area of the Premises effective on the Expansion Space Commencement Date. If Tenant exercises its Expansion Option, then (a) all references to the Premises shall include the Expansion Space and Expansion Land, and all references to the Land shall include the Expansion Land, effective as lease term of the Expansion Space Commencement shall expire on the Expiration Date; (b) Landlord shall be subject to the same monetary penalties for failure to deliver the Expansion Space by the Desired Occupancy Date as are (provided in Section 1.3 for failure to deliver the Premises by August 1, 1998 provided that Tenant shall not have the termination rights set forth in Section 1.3); and (c) Tenant shall be entitled to the same early occupancy rights for the Expansion Space as those set forth in Section 1.2.2 and in the Work Letter for the Premises.