Common use of Initial Premises Clause in Contracts

Initial Premises. Notwithstanding anything to the contrary in the Basic Lease Information Sheet and Exhibit B, Landlord shall have the right (the “Swap Right”), in its sole discretion, to change the location of the Leased Premises from the eleventh (11th) floor of the Building described in the Basic Lease Information Sheet (the “11th Floor Leased Premises”) to be a portion of the thirteenth (13th) floor of the Building containing approximately 8,391 square feet of Net Rentable Area as shown on Exhibit A-2 attached hereto (the “13th Floor Leased Premises”), subject to the following terms and conditions. If Landlord desires to exercise the Swap Right under this Section 10.01, Landlord shall deliver written notice (in the manner set forth in Section 8.06) of such exercise to Tenant on or before January 6, 2016. If Landlord so exercises the Swap Right under this Section 10.01, then: (a) the Leased Premises originally described in the Basic Lease Information Sheet shall be deemed to have been amended to refer solely to the 13th Floor Leased Premises described in the first sentence of this Section 10.01, and all references therein to the 11th Floor Leased Premises shall be deemed to have been deleted; (b) solely with respect to the initial Term of this Lease, the Net Rent and Tenant’s Proportionate Share for the 13th Floor Leased Premises shall be calculated as if the Net Rentable Area thereof contained the number of square feet originally set forth in the Basic Lease Information Sheet for the 11th Floor Leased Premises; (c) with respect to any extension (if any) of the Term beyond the end of the initial Term set forth in the Basic Lease Information Sheet, the Net Rent and Tenant’s Proportionate Share for the 13th Floor Leased Premises shall be calculated based on the Net Rentable Area of the 13th Floor Leased Premises set forth in the first sentence of this Section 10.01; (d) with respect to the Tenant’s Initial Construction of the 13th Floor Leased Premises under Exhibit B: (1) Landlord shall, at its sole expense, demolish the existing improvements in the 13th Floor Leased Premises and deliver such space to Tenant in shell condition (equivalent to the currently existing shell condition of the 11th Floor Leased Premises) on or before the date on which Tenant commences the performance of the Tenant’s Initial Construction under Paragraph B.5 of Exhibit B attached hereto, (2) Landlord shall, at its sole expense, provide new Mecho shades (or equivalent) for the 13th Floor Leased Premises prior to Tenant’s commencement of occupancy thereof for the regular conduct of its business, (3) Landlord shall, at its sole expense, renovate the common corridor on the 13th floor of the Building using Building standard finishes prior to the Rent Commencement Date for the 13th Floor Leased Premises, and (4) the Tenant Work Allowance provided by Landlord under Exhibit B for the 13th Floor Leased Premises shall be increased to equal the sum of (i) the Tenant Work Allowance originally provided for the 11th Floor Leased Premises and (ii) $ 110,000.00; (e) the Scheduled Term Commencement Date and the Rent Commencement Date set forth in the Basic Lease Information Sheet shall be the earlier of (1) the date that is thirty (30) days after the date on which Tenant first occupies all or part of the Leased Premises for the regular conduct of business (as determined under clause (ii) of Section 2.01) or (2) June 1, 2016; provided that, if Landlord fails to timely deliver the 13th Floor Leased Premises to Tenant as set forth in subparagraph (d)(1) above, the date in the preceding clause (2) of this Section 10.01 (e) shall be delayed by the number of days of such delay in delivery. (f) If Landlord exercises the Swap Right under this Section 10.01, Landlord’s delivery of such exercise notice shall be self-operative on the terms and conditions set forth above, without the necessity of the parties to execute and deliver any further instruments, but at the request of either party the parties shall execute and deliver a confirmatory amendment to this Lease evidencing such exercise of the Swap Right on the terms and conditions set forth above.

Initial Premises. Notwithstanding anything to the contrary in the Basic Lease Information Sheet and Exhibit B, (a) Landlord shall have provide the right following Tenant Allowances to Tenant for the initial Premises: (the “Swap Right”i) Tenant Finish Allowance: ($ 1,875,000 ) (ii) Space Planning: ($ 262,500 ) (iii) Moving Expenses ($ 150,000 ) (iv) Phone/Data Cabling ($ 375,000 ) (v) Security System ($ 99,750 ) (vi) Tenant CM Fees ($ 150,000 ) (vii) Signage ($ 10,000 ) (viii) Flagpoles ($ 10,000 ) TOTAL ($ 2,932,250 ) (b) Tenant, in its sole discretion, to change may reallocate the location Tenant Allowances among the line items specified above, but the aggregate total of the Leased Premises from the eleventh Tenant Allowances may not exceed $2,932,250 (11th) floor of the Building described in the Basic Lease Information Sheet (the “11th Floor Leased Premises”) to be a portion of the thirteenth (13th) floor of the Building containing approximately 8,391 square feet of Net Rentable Area as shown on Exhibit A-2 attached hereto (the “13th Floor Leased Premises”adjusted under Section 4(b), subject to the following terms and conditions. If Landlord desires to exercise the Swap Right under this Section 10.01, Landlord shall deliver written notice (in the manner set forth in Section 8.06) of such exercise to Tenant on or before January 6, 2016. If Landlord so exercises the Swap Right under this Section 10.01, then: (a) the Leased Premises originally described in the Basic Lease Information Sheet shall be deemed to have been amended to refer solely to the 13th Floor Leased Premises described in the first sentence of this Section 10.01, and all references therein to the 11th Floor Leased Premises shall be deemed to have been deleted; (b) solely with respect to the initial Term of this Lease, the Net Rent and Tenant’s Proportionate Share for the 13th Floor Leased Premises shall be calculated as if the Net Rentable Area thereof contained the number of square feet originally set forth in the Basic Lease Information Sheet for the 11th Floor Leased Premises;). (c) with respect Tenant shall submit draws against the Tenant Allowances to Landlord no later than the fifth day of each calendar month for expenses incurred by Tenant during the prior calendar month. Each draw must include copies of receipts, invoices, and other backup materials reasonably satisfactory to Landlord to confirm the expenses for which Tenant is requesting payment. Landlord may inspect, audit, and copy Tenant’s books and records related to the Tenant Allowances at Tenant’s home office any extension time during Tenant’s normal business hours upon at least 48 hours prior written notice. Tenant shall retain its books and records related to the Tenant Allowances at its home office for at least two (if any2) years after final completion of the Term beyond the end of the initial Term set forth in the Basic Lease Information Sheet, the Net Rent and Tenant’s Proportionate Share for the 13th Floor Leased Premises shall be calculated based on the Net Rentable Area of the 13th Floor Leased Premises set forth in the first sentence of this Section 10.01;Tenant Improvements. (d) with respect to For the Tenant’s Initial Construction portions of the 13th Floor Leased Premises under Exhibit Beach draw representing payments for Tenant Improvements: (1i) The draw must include conditional partial lien releases in a form reasonably approved by Landlord shall, at its sole expense, demolish from Tenant’s contractor and subcontractors for the existing improvements payments being requested by the contractor and each subcontractor in the 13th Floor Leased Premises current draw and deliver such space to Tenant unconditional partial lien releases in shell condition (equivalent to the currently existing shell condition of the 11th Floor Leased Premises) on or before the date on which Tenant commences the performance of the a form reasonably approved by Landlord from Tenant’s Initial Construction under Paragraph B.5 of Exhibit B attached hereto, (2) Landlord shall, at its sole expense, provide new Mecho shades (or equivalent) contractor and subcontractors for the 13th Floor Leased Premises prior to Tenant’s commencement of occupancy thereof for the regular conduct of its business, (3) Landlord shall, at its sole expense, renovate the common corridor on the 13th floor of the Building using Building standard finishes prior to the Rent Commencement Date for the 13th Floor Leased Premises, and (4) the Tenant Work Allowance provided amounts paid by Landlord under Exhibit B the prior draw. (ii) Landlord may retain 10% of the amount of each draw representing payments for Tenant Improvements until 30 days after final completion of the 13th Floor Leased Premises Tenant Improvements. Tenant must provide Landlord conditional final lien releases in a form reasonably approved by Landlord from Tenant’s contractor and subcontractors in order to receive the retainage held by Landlord in connection with the Tenant Improvements. (e) Landlord shall be increased to equal fund the sum amount of each draw reasonably approved by Landlord within twenty (20) days after receipt by Landlord of the Invoices and other backup materials reasonably requested by Landlord; but Landlord may disapprove and withhold funding of any draw requested by Tenant if: (i) the Tenant Work Allowance originally provided for the 11th Floor Leased Premises and draw or any applicable backup information is not complete to Landlord’s reasonable satisfaction; (ii) $ 110,000.00;any mechanics’ or materialmen’s lien or other lien has been filed against the Land or the Building by any of Tenant’s contractors, subcontractors, laborers, suppliers, or others, or Landlord has received any notice from any of them indicating an intent to file any such lien, and Tenant has not bonded around the lien or otherwise posted security with Landlord reasonably satisfactory to Landlord related thereto; or (eiii) An Event of Default has occurred under the Scheduled Term Commencement Date Lease and is continuing, either at the Rent Commencement Date set forth in the Basic Lease Information Sheet shall be the earlier time of (1) the date that is thirty (30) days after the date on which Tenant first occupies all submission or part funding of the Leased Premises for the regular conduct of business (as determined under clause (ii) of Section 2.01) or (2) June 1, 2016; provided that, if Landlord fails to timely deliver the 13th Floor Leased Premises to Tenant as set forth in subparagraph (d)(1) above, the date in the preceding clause (2) of this Section 10.01 (e) shall be delayed by the number of days of such delay in deliverydraw. (f) If Tenant elects not to use all of the Tenant Allowances, Tenant may elect to receive a reduction in the annual Base Rent based on the aggregate amount of any unused Tenant Allowances by giving written notice specifying its election to Landlord exercises no later than forty five (45) days after final completion of the Swap Right Tenant Improvements The reduction will be in an amount equal to Eight Thousand Two and 50/100 Dollars ($8,002.50) for each $100,000 of unused Tenant Allowances (or pro rata portion thereof on a proportionate basis). If there are unused Tenant Allowances and Tenant timely notifies Landlord that Tenant elects to receive a reduction in the annual Base Rent, then Landlord shall promptly prepare, execute, and deliver to Tenant an appropriate amendment to the Lease specifying the annual Base Rent adjustment determined by Landlord under this Section 10.01Paragraph 1(f). Tenant shall promptly execute the amendment and return it to Landlord. If Tenant does not use all of the Tenant Allowances within forty five (45) days after the Commencement Date, Landlord’s delivery then any unused balance of such exercise notice the Tenant Allowances shall be self-operative on the terms and conditions set forth above, without the necessity of the parties to execute and deliver any further instruments, but at the request of either party the parties shall execute and deliver a confirmatory amendment to this Lease evidencing such exercise of the Swap Right on the terms and conditions set forth aboveapplied against Base Rent or additional rent.

Initial Premises. Landlord shall deliver to Tenant (“Delivery” or “Deliver”) the Initial Premises on or before the Target Commencement Date with Landlord’s Work in the Initial Premises Substantially Completed. If Landlord fails to timely Deliver the Initial Premises, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable except as provided herein. Notwithstanding anything to the contrary in contained herein, if Landlord fails to Deliver the Basic Lease Information Sheet and Exhibit B, Landlord shall have the right (the “Swap Right”), in its sole discretion, to change the location of the Leased Initial Premises from the eleventh (11th) floor of the Building described in the Basic Lease Information Sheet (the “11th Floor Leased Premises”) to be a portion of the thirteenth (13th) floor of the Building containing approximately 8,391 square feet of Net Rentable Area as shown on Exhibit A-2 attached hereto (the “13th Floor Leased Premises”), subject to the following terms and conditions. If Landlord desires to exercise the Swap Right under this Section 10.01, Landlord shall deliver written notice (in the manner set forth in Section 8.06) of such exercise to Tenant on or before January 6the date that is 90 days after the Target Commencement Date (as such date may be extended for Force Majeure delays and Tenant Delays) (“Initial Premises Abatement Date”), 2016. If Landlord so exercises the Swap Right under this Section 10.01, then: (a) the Leased Premises originally described in the Basic Lease Information Sheet shall be deemed to have been amended to refer solely to the 13th Floor Leased Premises described in the first sentence of this Section 10.01, and all references therein to the 11th Floor Leased Premises shall be deemed to have been deleted; (b) solely Base Rent payable with respect to the initial Term Initial Premises shall be abated 1 day for each day after the Initial Premises Abatement Date (as such date may be extended for Force Majeure delays and Tenant Delays) that Landlord fails to Deliver the Initial Premises to Tenant. As used herein, the terms “Landlord’s Work” and “Substantially Completed” shall have the meanings set forth for such terms in the Work Letter. The “Commencement Date” shall be the earliest of: (i) the date Landlord Delivers the Initial Premises to Tenant with Landlord’s Work in the Initial Premises Substantially Completed; (ii) the date Landlord could have Delivered the Initial Premises but for Tenant Delays; or (iii) the date Tenant conducts any business in the Initial Premises or any part thereof. Except as otherwise set forth in this Lease: (i) Tenant shall accept the Initial Premises in their condition as of the Commencement Date; (ii) Landlord shall have no obligation for any defects in the Initial Premises; and (iii) Tenant’s taking possession of the Initial Premises shall be conclusive evidence that Tenant accepts the Initial Premises. Any occupancy of the Initial Premises by Tenant before the Commencement Date shall be subject to all of the terms and conditions of this Lease, including the Net obligation to pay Base Rent and Tenant’s Proportionate Share for the 13th Floor Leased Premises shall be calculated as if the Net Rentable Area thereof contained the number of square feet originally set forth in the Basic Lease Information Sheet for the 11th Floor Leased Premises; (c) with respect to any extension (if any) of the Term beyond the end of the initial Term set forth in the Basic Lease Information Sheet, the Net Rent and Tenant’s Proportionate Share for the 13th Floor Leased Premises shall be calculated based on the Net Rentable Area of the 13th Floor Leased Premises set forth in the first sentence of this Section 10.01; (d) with respect to the Tenant’s Initial Construction of the 13th Floor Leased Premises under Exhibit B: (1) Landlord shall, at its sole expense, demolish the existing improvements in the 13th Floor Leased Premises and deliver such space to Tenant in shell condition (equivalent to the currently existing shell condition of the 11th Floor Leased Premises) on or before the date on which Tenant commences the performance of the Tenant’s Initial Construction under Paragraph B.5 of Exhibit B attached hereto, (2) Landlord shall, at its sole expense, provide new Mecho shades (or equivalent) for the 13th Floor Leased Premises prior to Tenant’s commencement of occupancy thereof for the regular conduct of its business, (3) Landlord shall, at its sole expense, renovate the common corridor on the 13th floor of the Building using Building standard finishes prior to the Rent Commencement Date for the 13th Floor Leased Premises, and (4) the Tenant Work Allowance provided by Landlord under Exhibit B for the 13th Floor Leased Premises shall be increased to equal the sum of (i) the Tenant Work Allowance originally provided for the 11th Floor Leased Premises and (ii) $ 110,000.00; (e) the Scheduled Term Commencement Date and the Rent Commencement Date set forth in the Basic Lease Information Sheet shall be the earlier of (1) the date that is thirty (30) days after the date on which Tenant first occupies all or part of the Leased Premises for the regular conduct of business (as determined under clause (ii) of Section 2.01) or (2) June 1, 2016; provided that, if Landlord fails to timely deliver the 13th Floor Leased Premises to Tenant as set forth in subparagraph (d)(1) above, the date in the preceding clause (2) of this Section 10.01 (e) shall be delayed by the number of days of such delay in deliveryOperating Expenses. (f) If Landlord exercises the Swap Right under this Section 10.01, Landlord’s delivery of such exercise notice shall be self-operative on the terms and conditions set forth above, without the necessity of the parties to execute and deliver any further instruments, but at the request of either party the parties shall execute and deliver a confirmatory amendment to this Lease evidencing such exercise of the Swap Right on the terms and conditions set forth above.

Initial Premises. Notwithstanding anything Subject to the contrary any Tenant Delay (as defined in the Basic Lease Information Sheet and Exhibit B), Landlord shall deliver the Initial Premises to Tenant on the date that is the later of (i) November 1, 2006, or (ii) the next business day after the date that Improvements (as such term is defined in Exhibit B attached hereto) have the right been substantially completed (the “Swap RightCommencement Date”). The anticipated Commencement Date is November 1, in its sole discretion2006. The Term of this Lease (“Term”) shall commence on the Commencement Date and shall end, to change unless sooner terminated as otherwise provided herein, at midnight on the location last calendar day of the Leased Premises from calendar month in which the eleventh five (11th5) floor year two month anniversary of the Building described in the Basic Lease Information Sheet Commencement Date occurs (the “11th Floor Leased Termination Date”). Landlord and Tenant shall promptly execute a Memorandum of Lease Term Dates and Rent substantially in the form attached hereto as Exhibit D, confirming the finalized Commencement Date and Term as soon as they are determined. For purposes of establishing the Commencement Date, substantial completion shall be defined as that point in the construction process when all of the structural, mechanical, plumbing and electrical work specified herein has been performed; the paint, carpet, hard flooring materials, base moldings, and millwork, if any, have been installed, and the other finish work specified in Tenant’s plans has been completed in such a manner that Tenant could, if it took possession of the Premises”, enjoy beneficial occupancy thereof except for any minor punch list items, which shall be completed promptly thereafter. Tenant’s taking possession of the Initial Premises and/or commencing Tenant’s normal business operations in the Initial Premises shall be deemed conclusive evidence that, as of the Commencement Date: a) Landlord has substantially completed the Improvements (for the Premises, including the Initial Premises and the Must-Take Space) contemplated hereunder, except for any minor punchlist items to be a portion of completed; and b) the thirteenth (13th) floor of the Building containing approximately 8,391 square feet of Net Rentable Area as shown on Exhibit A-2 attached hereto (the “13th Floor Leased Premises”)Premises are in good order and repair, subject to the following terms and conditions. If Landlord desires to exercise the Swap Right under this Section 10.01, Landlord shall deliver written notice (in the manner set forth in Section 8.06) of such exercise to Tenant on or before January 6, 2016. If Landlord so exercises the Swap Right under this Section 10.01, then: foregoing clause (a) the Leased Premises originally described in the Basic Lease Information Sheet shall be deemed to have been amended to refer solely to the 13th Floor Leased Premises described in the first sentence and any latent defects of this Section 10.01which Tenant provides Landlord notice within twelve (12) months after substantial completion. Provided that no Tenant Delay occurs, and all references therein to the 11th Floor Leased Premises shall be deemed to have been deleted; (b) solely with respect to the initial Term of this Lease, the Net Rent and Tenant’s Proportionate Share for the 13th Floor Leased Premises shall be calculated as if the Net Rentable Area thereof contained the number of square feet originally set forth in the Basic Lease Information Sheet for the 11th Floor Leased Premises; (c) with respect to any extension (if any) Tenant may take possession of the Term beyond the end of the initial Term set forth in the Basic Lease Information Sheet, the Net Rent and Tenant’s Proportionate Share for the 13th Floor Leased Initial Premises shall be calculated based on the Net Rentable Area of the 13th Floor Leased Premises set forth in the first sentence of this Section 10.01; (d) with respect up to the Tenant’s Initial Construction of the 13th Floor Leased Premises under Exhibit B: (1) Landlord shall, at its sole expense, demolish the existing improvements in the 13th Floor Leased Premises and deliver such space to Tenant in shell condition (equivalent to the currently existing shell condition of the 11th Floor Leased Premises) on or before the date on which Tenant commences the performance of the Tenant’s Initial Construction under Paragraph B.5 of Exhibit B attached hereto, two (2) Landlord shall, at its sole expense, provide new Mecho shades (or equivalent) for the 13th Floor Leased Premises prior to Tenant’s commencement of occupancy thereof for the regular conduct of its business, (3) Landlord shall, at its sole expense, renovate the common corridor on the 13th floor of the Building using Building standard finishes weeks prior to the anticipated Commencement Date, solely for the purpose of installing Tenant’s furniture, fixtures and equipment, computer and telephone cabling and, following completion of said installations, for conducting business operations from the Initial Premises. Said early possession shall be subject to Tenant complying with all of the provisions and covenants contained herein, except that Tenant shall not be obligated to pay Fixed Monthly Rent or Additional Rent until the Commencement Date. If Tenant’s early possession does so delay completion of the Improvements, the Commencement Date for the 13th Floor Leased Premises, and (4) the Tenant Work Allowance provided by Landlord under Exhibit B for the 13th Floor Leased Premises shall be increased to equal the sum later of (i) the Tenant Work Allowance originally provided for date the 11th Floor Leased Premises and Improvements would have been completed had no such delay occurred, or (ii) $ 110,000.00; November 1, 2006. If for any reason (eincluding Landlord’s inability to complete the Improvements called for hereunder) Landlord is unable to deliver possession of the Scheduled Term Initial Premises to Tenant on the anticipated Commencement Date, this Lease shall not be void or voidable, nor shall Landlord be liable to Tenant for any damage resulting from Landlord’s inability to deliver such possession. However, Tenant shall not be obligated to pay the Fixed Monthly Rent or Additional Rent that Tenant is required to pay pursuant to Section 3.1 until such possession of the Premises has been delivered to Tenant by Landlord. Except for such delay in the commencement of Rent, Landlord’s failure to give possession on the anticipated Commencement Date and shall in no way affect Tenant’s obligations hereunder. If possession of the Rent Commencement Date set forth in the Basic Lease Information Sheet shall be the earlier of Initial Premises is not tendered by Landlord within sixty (1) the date that is thirty (3060) days after the date on which anticipated Commencement Date, then Tenant first occupies all or part shall have the right to terminate this Lease by giving written notice to Landlord, any time after expiration of said sixty (60) day period. If a notice of termination is given by Tenant in accordance with the Leased Premises for foregoing, this Lease shall terminate unless Landlord thereafter delivers the regular conduct of business (as determined under clause (ii) of Section 2.01) or (2) June 1, 2016; provided that, if Landlord fails to timely deliver the 13th Floor Leased Premises to Tenant as set forth in subparagraph with the Improvements substantially completed within ten (d)(110) above, the date in the preceding clause (2) of this Section 10.01 (e) shall be delayed by the number of days of such delay in delivery. (f) If Landlord exercises the Swap Right under this Section 10.01, after Landlord’s delivery receipt of such exercise notice said notice, in which event this Lease shall be self-operative on continue in full force and effect. If, due to Force Majeure, Landlord is unable to tender possession of the terms Initial Premises within one hundred eighty (180) days after the anticipated Commencement Date, then this Lease, and conditions set forth abovethe rights and obligations of Landlord and Tenant hereunder, shall terminate automatically, without the necessity of the parties to execute and deliver any further instruments, but at the request of liability by either party to the parties shall execute other, and deliver a confirmatory amendment to this Lease evidencing such exercise of the Swap Right on the terms and conditions set forth abovewithout further documentation being required.

Initial Premises. Notwithstanding anything Subject to the contrary in the Basic Lease Information Sheet and Exhibit B, Landlord shall have the right (the “Swap Right”), in its sole discretion, to change the location of the Leased Premises from the eleventh (11th) floor of the Building described in the Basic Lease Information Sheet (the “11th Floor Leased Premises”) to be a portion of the thirteenth (13th) floor of the Building containing approximately 8,391 square feet of Net Rentable Area as shown on Exhibit A-2 attached hereto (the “13th Floor Leased Premises”), subject to the following terms and conditions. If Landlord desires to exercise the Swap Right under this Section 10.01, Landlord shall deliver written notice (in the manner set forth in Section 8.06) of such exercise to Tenant on or before January 6, 2016. If Landlord so exercises the Swap Right under this Section 10.01, then: (a) the Leased Premises originally described in the Basic Lease Information Sheet shall be deemed to have been amended to refer solely to the 13th Floor Leased Premises described in the first sentence of this Section 10.01, and all references therein to the 11th Floor Leased Premises shall be deemed to have been deleted; (b) solely with respect to the initial Term of this Lease, the Net Rent and Tenant’s Proportionate Share for the 13th Floor Leased Premises shall be calculated as if the Net Rentable Area thereof contained the number of square feet originally set forth in the Basic Lease Information Sheet for the 11th Floor Leased Premises; (c) with respect to any extension (if any) of the Term beyond the end of the initial Term set forth in the Basic Lease Information Sheet, the Net Rent and Tenant’s Proportionate Share for the 13th Floor Leased Premises shall be calculated based on the Net Rentable Area of the 13th Floor Leased Premises set forth in the first sentence of this Section 10.01; (d) with respect to the Tenant’s Initial Construction of the 13th Floor Leased Premises under Exhibit B: (1) Landlord shall, at its sole expense, demolish the existing improvements in the 13th Floor Leased Premises and deliver such space to Tenant in shell condition (equivalent to the currently existing shell condition of the 11th Floor Leased Premises) on or before the date on which Tenant commences the performance of the Tenant’s Initial Construction under Paragraph B.5 of Exhibit B attached hereto, (2) Landlord shall, at its sole expense, provide new Mecho shades (or equivalent) for the 13th Floor Leased Premises prior to Tenant’s commencement of occupancy thereof for the regular conduct of its business, (3) Landlord shall, at its sole expense, renovate the common corridor on the 13th floor of the Building using Building standard finishes prior to the Rent Commencement Date for the 13th Floor Leased Premises, and (4) the Tenant Work Allowance provided by Landlord under Exhibit B for the 13th Floor Leased Premises shall be increased to equal the sum of (i) the Tenant Work Allowance originally provided for the 11th Floor Leased Premises and (ii) $ 110,000.00; (e) the Scheduled Term Commencement Date and the Rent Commencement Date set forth in the Basic Lease Information Sheet shall be the earlier of (1) the date that is thirty (30) days after the date on which Tenant first occupies all or part of the Leased Premises for the regular conduct of business (as determined under clause (ii) of Section 2.01) or (2) June 1, 2016; provided that, if Landlord fails to timely deliver the 13th Floor Leased Premises to Tenant as set forth in subparagraph (d)(1) above, the date in the preceding clause (2) of this Section 10.01 (e) shall be delayed by the number of days of such delay in delivery. (f) If Landlord exercises the Swap Right under this Section 10.01, Landlord’s delivery of such exercise notice shall be self-operative on upon the terms and conditions set forth herein, Landlord hereby leases to Tenant and Tenant hereby hires from Landlord the Premises located in the Office Building for the period commencing on the Commencement Date and ending on the Expiration Date. Notwithstanding anything in this Lease to the contrary, Landlord may, at its sole option, upon delivery of notice (the "Premises Modification Notice") to Tenant on or before August 30, 1996 (the "Premises Modification Deadline"), elect to delete each of floors thirty-three (33), thirty-four (34) and thirty-eight (38) from the Premises (such space as is deleted to be referred to herein as the "Take Back Space"), and to include each of floors forty-three (43), forty-four (44) and forty-seven (47) in the Premises (such space as is added to be referred to herein as the "Additional Space"). In the event Landlord timely delivers the Premises Modification Notice, (i) for all purposes under this Lease, the "Premises" shall mean the Premises set forth in Section 1.1(S), above, without excluding the necessity Take Back Space but adding thereto the Additional Space, (ii) all numbers in this Lease which vary based upon the rentable square footage of the parties to execute and deliver any further instrumentsPremises shall be recalculated (including, but at not limited to, the request Base Rent and the Tenant Improvement Allowance) based upon the total rentable square footage of either party the parties Premises, as modified by the Premises Modification Notice, (iii) the Commencement Date shall be June 4, 1997 (the "Extended Commencement Date"), provided that in the event that Landlord delivers the Premises Modification Notice prior to the Premises Modification Deadline, the Extended Commencement Date shall be one (1) day earlier for each day prior to the Premises Modification Deadline that Landlord delivers the Premises Modification Notice, (iv) the "Tenant Improvement Allowance," as that term is defined in Section 2.1 of the Tenant Work Letter, shall (A) be increased by an amount equal to, if the Premises Modification Notice is delivered on or before August 16, 1996, Twenty Thousand and No/100 Dollars ($20,000.00), and if the Premises Modification Notice is delivered after August 16, 1996 and prior to August 30, 1996, Forty Thousand and No/100 Dollars ($40,000.00), and (B) be decreased by an amount equal to Thirty Thousand Five Hundred Sixty-Eight and 20/100 Dollars ($30,568.20), (v) the "First Offer Space," as that term is defined in Section 1.2(B), below, shall be re-defined as the First Offer Space set forth in Section 1.2(B), below, but excluding the twenty-ninth (29th) floor of the Building and the Additional Space, but adding thereto the "Landlord Determined First Offer Floors," as that term is defined, below, and (vi) Section 1.13 of the Tenant Work Letter shall be deleted in its entirety. For purposes of modifying the definition of the Premises following Landlord's delivery of the Premises Modification Notice, if applicable, the forty-third (43rd) floor of the Building shall conclusively be deemed to consist of 26,830 rentable square feet of space, the forty-forth (44th) floor of the Building shall be conclusively deemed to consist of 26,830 rentable square feet of space, and the forty-seventh (47th) floor of the Building shall conclusively be deemed to consist of 26,830 rentable square feet of space. Landlord and Tenant hereby acknowledge and agree that (a) except as specifically set forth in item (iii), above, the Commencement Date shall not be extended as a result of Landlord's delivery of the Premises Modification Notice, and (b) except as specifically set forth in item (iv)(A), above, Tenant shall not be entitled to the payment of any fee or reimbursement of any cost or expense incurred by Tenant as a result of Landlord's delivery of the Premises Modification Notice. Within five (5) business days following Landlord's delivery of the Premises Modification Notice, if applicable, Landlord and Tenant shall execute and deliver a confirmatory an amendment to this Lease evidencing such exercise in the form attached hereto as Exhibit K setting forth the foregoing terms. Notwithstanding anything to the contrary set forth in this Lease, Landlord and Tenant hereby agree to be bound by the number of rentable square feet comprising the Premises, as set forth in Section 1.1(S), above, and, if applicable, this Section 1.2(A). For purposes of this Section 1.2(A), the "Landlord Determined First Offer Floors," shall mean any two (2) contiguous floors among floors two (2) through twelve (12) and eighteen (18) through twenty-one (21) of the Swap Right on Building, as designated by Landlord in its sole discretion during the terms and conditions set forth aboveTerm.