Fifth Floor Premises Clause Samples

Fifth Floor Premises. Commencing on the First Amendment Effective Date, the rentable square footage of the Fifth Floor Premises reflected in Section 39(a) shall be deleted and replaced with “23,093 rentable square feet”.

Fifth Floor Premises. Effective as of the Fifth. Floor Premises -------------------- Commencement Date (as defined below), (a) the Premises shall be deemed to include the Fifth Floor Premises, and (b), except as specifically provided otherwise in this First Amendment, the term "Premises' as used in the Lease shall be deemed to include the Twelfth Floor Premises and the Fifth Floor Premises.

Fifth Floor Premises. No later than November 5, 2010, Tenant will deliver to Landlord its plans for construction, including construction drawings, of the Tenant Improvements in the Fifth Floor Premises (“Tenant’s Fifth Floor Premises Plans”). Within fifteen (15) days after receipt of Tenant’s Fifth Floor Premises Plans, Landlord will notify Tenant in writing of its estimated construction timeline with respect to Tenant’s Fifth Floor Premises Plans (“Landlord’s Fifth Floor Premises Construction Estimate”). If the Landlord’s Fifth Floor Premises Construction Estimate states that the Tenant Improvements will be completed later than January 15, 2011 (the “Desired Fifth Floor Premises Completion Date”), then the parties agree to mutually cooperate to revise the scope of the Tenant Improvements set out in Tenant’s Fifth Floor Premises Plans so as to achieve the Desired Fifth Floor Premises Completion Date. The mutually-agreed upon date for substantial completion of the Tenant Improvements in the Fifth Floor Premises, whether or not such date is prior to or after the Desired Fifth Floor Premises Completion Date, shall be reflected in the final Landlord’s Fifth Floor Premises Construction Estimate and is referred to herein as the “Estimated Fifth Floor Premises Delivery Date.” Prior to the date of delivery of the Fifth Floor Premises to Tenant (the “Fifth Floor Premises Delivery Date”), Landlord shall complete the Tenant Improvements in the Fifth Floor Premises upon and subject to the terms and conditions contained in the Landlord-Managed Work Letter. Landlord will use commercially reasonable efforts to cause the Fifth Floor Premises Delivery Date to occur on or before the Estimated Fifth Floor Premises Delivery Date. If the Fifth Floor Premises Delivery Date has not occurred by the Estimated Fifth Floor Premises Delivery Date, subject to Force Majeure Delays and Tenant Delays, such failure shall not affect the Commencement Date, but Tenant shall be entitled to the additional remedies set forth below.

Fifth Floor Premises a. Subsection (iii) of Section 1(a)(iii) of the Original Lease is hereby deleted in its entirety and replaced with the following: “(iii) 16,741 square feet of Rentable Area consisting of the “south wing” of the fifth (5th) floor of the Building (the “Fifth Floor Premises”);” and all references in the Original Lease to the “Fifth Floor Premises” shall be to the “Fifth Floor Premises” as amended by this First Amendment, including, without limitation (i) the representations made by Landlord with respect to the Fifth Floor Premises set forth in Section 2(c) of the Original Lease, and (ii) references contained in the description of Base Building Work. b. The portion of Exhibit C of the Original Lease depicting the Fifth Floor Premises and the 5th Floor Expansion Space is hereby deleted in its entirety and replaced with the depiction attached hereto as Exhibit A. c. All references to the square feet of Rentable Area of the Premises contained in the Original Lease, including in Section 1(a)(iii) the Original Lease, are hereby amended to read “66,925”.

Fifth Floor Premises. Commencing on April 1, 2006 (the “Fifth Floor Commencement Date”), the Sublease Premises shall be expanded to include 25,131 rentable square feet on the Fifth Floor of the Building and shown on Exhibit C attached hereto (“Fifth Floor Premises”). The Sublease is amended to reflect such expansion by the provisions set forth in Section 11 below. Notwithstanding the foregoing, the Fifth Floor Commencement Date shall be extended for Sublandlord Delays (as defined in Exhibit E attached hereto).

Fifth Floor Premises. A. Subject to the terms of Article 60 hereof, the leasing of the Fifth Floor Premises shall commence on January 1, 2003 (the "Fifth Floor Commencement Date") and effective as of the Fifth Floor Commencement Date the Fifth Floor Premises shall be deemed included in the demised premises upon all of the same terms, covenants and conditions contained in this lease, except that: 1. the rental plan for the Fifth Floor Premises shall be added to and become a part of Exhibit "A" to this lease; 2. the SFA shall be increased by the rentable square foot area of subject Fifth Floor Premises as set forth in Section 18 of Article 38 hereof, and the annual fixed rent payable by Tenant pursuant to Article 51 of this lease shall be adjusted accordingly;

Fifth Floor Premises. (i) Prior to August 1, 2006, Tenant shall pay Base Rent for Current Premises as required by the Lease; and (ii) Commencing August 1, 2006 through March 31, 2008, Tenant shall pay $76,362.71 per month for the Fifth Floor Premises (i.e. $17.50 per rentable square foot on an annual basis for the Fifth Floor Premises); (iii) Commencing April 1, 2008 through March 31, 2009, Tenant shall pay $78,544.50 per month for the Fifth Floor Premises (i.e. $18.00 per rentable square foot on an annual basis for the Fifth Floor Premises); (iv) Commencing April 1, 2009 through March 31, 2010, Tenant shall pay $80,726.29 per month for the Fifth Floor Premises (i.e. $18.50 per rentable square foot on an annual basis for the Fifth Floor Premises); (v) Commencing April 1, 2010 through March 31, 2011, Tenant shall pay $82,908.08 per month for the Fifth Floor Premises (i.e. $19.00 per rentable square foot on an annual basis for the Fifth Floor Premises); (vi) Commencing April 1, 2011 through the Renewal Term Expiration Date, Tenant shall pay $85,089.88 per month for the Fifth Floor Premises (i.e. $19.50 per rentable square foot on an annual basis for the Fifth Floor Premises);