Common use of Lease of Additional Premises; Term Clause in Contracts

Lease of Additional Premises; Term. The premises located on the 10th floor of the Building and outlined on attached Exhibit A-1 (the “10th Floor Premises”) and the premises located on the 11th floor of the Building and outlined on attached Exhibit A-2 (the “11th Floor Premises”) are referred to collectively herein as the “Additional Premises.” (The 10th Floor Premises and the 11th Floor Premises are sometimes referred to individually herein as an “Additional Premises Floor.”) Landlord and Tenant agree that, for all purposes of the Lease, the 10th Floor Premises shall be deemed to consist of 44,954 rentable square feet of space and the 11th Floor Premises shall be deemed to consist of 40,305 rentable square feet of space, so that the Additional Premises consist of a total of 85,259 rentable square feet of space. Landlord confirms and agrees that the Additional Premises have been measured in accordance with the BOMA Standard (as defined in Paragraph 2.a. of the Lease). The aforementioned rentable square footage of the Additional Premises shall not be re-measured during the initial Lease term, or during any renewal term, as to the Additional Premises. However, if the BOMA Standard is revised prior to the date Tenant exercises a Renewal Option under Paragraph 8 below, then the Additional Premises may be re-measured at the commencement of the subject Renewal Term (as defined in Paragraph 8 below) in accordance with the revised BOMA Standard. As used herein, the “11th Floor Commencement Date” is the date the 11th Floor Premises are delivered by Landlord to Tenant in Delivery Condition (as defined in Paragraph 2.a. below), but not earlier than October 1, 2012, and the “10th Floor Commencement Date” is the date the 10th Floor Premises are delivered by Landlord to Tenant in Delivery Condition (as defined in Paragraph 2.a. below), but not earlier than November 1, 2012. The date on which both the 11th Floor Commencement Date and the 10th Floor Commencement Date have occurred is sometimes referred to hereinafter the “Final Additional Premises Commencement Date.” Effective as of 11th Floor Commencement Date, as to the 11th Floor Premises, and the 10th Floor Commencement Date, as to the 10th Floor Premises, the 11th Floor Premises and the 10th Floor Premises shall be added to the premises demised under the Lease. The term of the Lease as to both the 11th Floor Premises and the 10th Floor Premises shall continue through and including the date (the “Additional Premises Expiration Date”) that is the later of (i) the date that is ninety-six (96) full calendar months following the Rent Commencement Date (as defined in Paragraph 3 below) or (ii) the date that is twenty-four (24) full calendar months following the expiration of the initial Lease term for the Original Premises, as such initial Lease term is extended from time to time pursuant to Paragraph 58.d. of the Lease.” Upon either party’s request after the date by which such dates are able to be confirmed, Landlord and Tenant shall execute a letter in substantially the form of Exhibit B attached hereto confirming (i) the 11th Floor Commencement Date, (ii) the 10th Floor Commencement Date, (iii) the Rent Commencement Date and (iv) the Additional Premises Expiration Date. Upon the Final Additional Premises Commencement Date, the Premises covered by the Lease will consist of all of the rentable area of the 7th, 8th, 9th, 10th and 11th floors of the Building and the Premises will consist of a total of approximately 300,209 rentable square feet of space. (As provided in Paragraph 8 below, the 6th Floor Expansion Increment will be included in the Premises covered by the Lease at such time as the 6th Floor Expansion Increment is added to the Lease in accordance with such Paragraph 8.)

Lease of Additional Premises; Term. (a) The premises located Lease is hereby amended to provide that Landlord hereby demises and lets unto Tenant, and Tenant hereby leases and hires from Landlord, all that certain space on the 10th first floor of the Building containing approximately 2,164 square feet of space and outlined on attached Exhibit A-1 known as Suite D-5 (the “10th Floor Second Additional Premises”) and the premises located all that certain space on the 11th first and only floor of the Building 000 Xxxx Xxxxxxxxxx Xxxx, Xxxx Xxxxxxxx, XX containing approximately 6,968 square feet of space and outlined on attached Exhibit A-2 known as Suite C-1 (the “11th Floor Third Additional Premises”) are referred to collectively herein ), both spaces as shown on Exhibit “A” attached hereto and made a part hereof and known together as the “Additional Premises”.” (The 10th Floor Premises and the 11th Floor Premises are sometimes referred to individually herein as an “Additional Premises Floor.”b) Landlord and Tenant agree that, for all purposes of the Lease, the 10th Floor Premises shall be deemed to consist of 44,954 rentable square feet of space and the 11th Floor Premises shall be deemed to consist of 40,305 rentable square feet of space, so that the Additional Premises consist of a total of 85,259 rentable square feet of space. Landlord confirms and agrees that the Additional Premises have been measured in accordance with the BOMA Standard (as defined in Paragraph 2.a. of the Lease). The aforementioned rentable square footage of the Additional Premises shall not be re-measured during the initial Lease term, or during any renewal term, as to the Additional Premises. However, if the BOMA Standard is revised prior to the date Tenant exercises a Renewal Option under Paragraph 8 below, then the Additional Premises may be re-measured at the commencement of the subject Renewal Term (as defined in Paragraph 8 below) in accordance with the revised BOMA Standard. As used herein, the “11th Floor Commencement Date” is the date the 11th Floor Premises are delivered by Landlord to Tenant in Delivery Condition (as defined in Paragraph 2.a. below), but not earlier than October 1, 2012, and the “10th Floor Commencement Date” is the date the 10th Floor Premises are delivered by Landlord to Tenant in Delivery Condition (as defined in Paragraph 2.a. below), but not earlier than November 1, 2012. The date on which both the 11th Floor Commencement Date and the 10th Floor Commencement Date have occurred is sometimes referred to hereinafter the “Final Additional Premises Commencement Date.” Effective as of 11th Floor Commencement Date, as to the 11th Floor Premises, and the 10th Floor Commencement Date, as to the 10th Floor Premises, the 11th Floor Premises and the 10th Floor Premises shall be added to the premises demised under the Lease. The term of the Lease for the Second Additional Premises shall commence upon the substantial completion of the Second Additional Premises Landlord’s Work (as defined in subparagraph (c) hereof) (“Second Additional Premises Commencement Date”), the term of the Lease for the Third Additional Premises shall commence upon the substantial completion of the Third Additional Premises Landlord’s Work (as defined in subparagraph (c) hereof) (“Third Additional Premises Commencement Date”) and the terms of both shall end on expiration date as set forth in the Lease, January 31, 2006. The Second Additional Premises shall be deemed substantially completed when the Second Additional Premises Landlord’s Work has been completed to the extent that the Second Additional Premises may be occupied by Tenant for its Permitted Uses and Landlord has have procured a temporary or permanent certificate of occupancy permitting the occupancy thereof and the Third Additional Premises shall be deemed substantially completed when the Third Additional Premises Landlord’s Work has been completed to the extent that the Third Additional Premises may be occupied by Tenant for its Permitted Uses and Landlord has procured a temporary or permanent certificate of occupancy permitting the occupancy thereof, subject in both cases only to completion of minor finishing, adjustment of equipment, and other minor construction aspects. It is the mutual intention of Landlord and Tenant that the Additional Premises shall be leased to and occupied by Tenant on and subject to all of the terms, covenants and conditions of the Lease except as otherwise expressly provided to the contrary in this Second Amendment, and to that end Landlord and Tenant hereby agree that from and after the Second Additional Premises Commencement Date the word “Premises”, as defined in the Lease, shall mean and include both the 11th Floor Premises and the 10th Floor Second Additional Premises, and from and after the Third Additional Premises Commencement Date the word “Premises”, as defined in the Lease, shall continue through mean and including include both the date Premises and the Third Additional Premises, containing, upon the occurrence of both such dates, a total of 16,274 square feet, unless the context otherwise requires. (c) Landlord shall construct and do such other work to the Second Additional Premises in substantial conformity with the plans and outline specifications of the plan by Space Planners, Inc. dated April 25, 2001, as revised July 9, 2001 (the “Second Additional Premises Expiration DateLandlord’s Work”), and shall construct and do such other work to the Third Additional Premises in substantial conformity with the plans and outline specifications of the plan by Space Planners, Inc. dated June 26, 2001 (the “Third Additional Premises Landlord’s Work”)(collectively, “Landlord’s Work”). Tenant shall provide and shall have approved of preliminary plans for Landlord’s Work by September 1, 2001 and final plans and specifications by October 1, 2001. Landlord shall endeavor to substantially complete the Landlord’s Work by January 1, 2002. (d) that is the later If Landlord shall be delayed in such “substantial completion” as a result of (i) Tenant’s failure to furnish plans and specifications within the date that is ninety-six time frame stated by Landlord; (96ii) full calendar months following Tenant’s request for materials, finishes or installations other than Landlord’s standard; (iii) Tenant’s changes in said plans; (iv) the Rent performance or completion of any work, labor or services by a party employed by Tenant; or (v) Tenant’s failure to approve final plans, working drawings or reflective ceiling plans within the time frame stated by Landlord (each, a “Tenant’s Delay”); then either the Second Additional Premises Commencement Date (as defined in Paragraph 3 belowif the delay is associated with that space) or the Third Additional Premises Commencement Date (iiif the delay is associated with that space) and the payment of Fixed Rent hereunder applicable to the delayed space shall be accelerated by the number of days of such delay. If any change, revision or supplement to the scope of the Landlord’s Work is requested by Tenant or if Tenant fails to provide information or cooperation required by Landlord in connection with Landlord’s Work within the time periods required then such occurrence shall not change either the Second Additional Premises Commencement Date or the Third Additional Premises Commencement Date, as appropriate, or the Term and shall not alter Tenant’s obligations under this Lease. Notwithstanding anything to the contrary stated in Section 2(b) above, the Term shall commence on the date that is twenty-four (24) full calendar months following the expiration Second Additional or Third Additional Premises would have been delivered to Tenant but for Tenant’s Delay. Tenant shall be solely responsible for all reasonably documented and invoiced expenses which increase the costs incurred in connection with a Tenant requested change in the scope of the initial Lease term for Landlord’s Work (including the Original Premises, as such initial Lease term is extended from time to time pursuant to Paragraph 58.d. finishes set forth therein). (e) Upon completion of the Lease.” Upon either partySecond Additional Premises Landlord’s request after the date by which such dates are able to be confirmedWork, Landlord and Tenant shall execute schedule an inspection of the Second Additional Premises and upon completion of the Third Additional Premises Landlord’s Work, Landlord and Tenant shall schedule an inspection of the Third Additional Premises, at which times a letter in substantially punchlist of outstanding items, if any, shall be prepared. Landlord shall use reasonable efforts to complete the form items on the punchlist within thirty days, or if the nature of Exhibit B attached hereto confirming the items requires additional time, within such additional time as reasonably necessary. (if) Landlord and Tenant shall confirm the 11th Floor Commencement Date, (ii) the 10th Floor Commencement Date, (iii) the Rent Second Additional Premises Commencement Date and (iv) the Additional Premises Expiration Date. Upon the Final Third Additional Premises Commencement Date, the Premises covered Date by the Lease will consist of all of the rentable area of the 7th, 8th, 9th, 10th and 11th floors of the Building and the Premises will consist execution of a total Confirmation of approximately 300,209 rentable square feet of space. (As provided in Paragraph 8 below, the 6th Floor Expansion Increment will be included Lease Term in the Premises covered by the Lease at such time form attached hereto as the 6th Floor Expansion Increment is added Exhibit “B”. If Tenant fails to execute or object to the Confirmation of Lease in accordance with Term within ten (10) business days of its delivery, Landlord’s determination of such Paragraph 8dates shall be deemed accepted.)

Lease of Additional Premises; Term. The premises located Lease is hereby amended to provide that Landlord hereby demises unto Tenant, and Tenant hereby leases from Landlord, all that certain space containing approximately two hundred forty (240) rentable square feet of storage space on the 10th floor of the Building and outlined on attached Exhibit A-1 ground level (the “10th Floor Premises”) and the premises located on the 11th floor of the Building and outlined on attached Exhibit A-2 (the “11th Floor Premises”) are referred to collectively herein as the “Additional Premises.” (The 10th Floor Premises and the 11th Floor Premises are sometimes referred to individually herein as an “Additional Premises Floor.”) Landlord and Tenant agree that, for all purposes of the Lease, the 10th Floor Premises shall be deemed to consist of 44,954 rentable square feet of space and the 11th Floor Premises shall be deemed to consist of 40,305 rentable square feet of space, so that the Additional Premises consist of a total of 85,259 rentable square feet of space. Landlord confirms and agrees that the Additional Premises have been measured in accordance with the BOMA Standard (as defined in Paragraph 2.a. of the Lease). The aforementioned rentable square footage of the Additional Premises shall not be re-measured during the initial Lease term, or during any renewal termBuilding, as to the Additional Premises. However, if the BOMA Standard is revised prior to the date Tenant exercises shown on Exhibit A attached hereto and made a Renewal Option under Paragraph 8 below, then the Additional Premises may be re-measured at the commencement of the subject Renewal Term (as defined in Paragraph 8 below) in accordance with the revised BOMA Standard. As used herein, the “11th Floor Commencement Date” is the date the 11th Floor Premises are delivered by Landlord to Tenant in Delivery Condition (as defined in Paragraph 2.a. below), but not earlier than October 1, 2012, and the “10th Floor Commencement Date” is the date the 10th Floor Premises are delivered by Landlord to Tenant in Delivery Condition (as defined in Paragraph 2.a. below), but not earlier than November 1, 2012. The date on which both the 11th Floor Commencement Date and the 10th Floor Commencement Date have occurred is sometimes referred to hereinafter the “Final Additional Premises Commencement Date.” Effective as of 11th Floor Commencement Date, as to the 11th Floor Premises, and the 10th Floor Commencement Date, as to the 10th Floor Premises, the 11th Floor Premises and the 10th Floor Premises shall be added to the premises demised under the Leasepart hereof. The term of the Lease as to both for the 11th Floor Premises and the 10th Floor Additional Premises shall continue through and including the date commence on October 18, 2010 (the “Additional Premises Expiration Commencement Date”) that is in accordance with the later terms of (iSection 3(a) the date that is ninety-six (96) full calendar months following the Rent Commencement Date (as defined in Paragraph 3 below) or (ii) the date that is twenty-four (24) full calendar months following the expiration of the initial Lease this Amendment. The lease term for the Original Additional Premises shall be coterminous with the Term for the Initial Premises, as such initial Lease term is which, for the avoidance of doubt, expires on March 31, 2013 unless otherwise terminated or extended from time to time pursuant to Paragraph 58.d. the terms of the Lease.” Upon either party’s request after . It is the date by which such dates are able to be confirmed, mutual intention of Landlord and Tenant shall execute a letter in substantially the form of Exhibit B attached hereto confirming (i) the 11th Floor Commencement Date, (ii) the 10th Floor Commencement Date, (iii) the Rent Commencement Date and (iv) that the Additional Premises Expiration Dateshall be leased to and occupied by Tenant on and subject to all of the terms, covenants and conditions of the Lease, except as otherwise expressly provided to the contrary in this Amendment. Upon Landlord and Tenant hereby agree that for all periods under the Final Lease from and after the Additional Premises Commencement Date, the defined term “Premises,” as defined in the Lease, shall mean and include both the Initial Premises covered by the Lease will consist of all of the rentable area of the 7th, 8th, 9th, 10th and 11th floors of the Building and the Premises will consist of Additional Premises, containing a total of approximately 300,209 eleven thousand three hundred fifteen (11,315) rentable square feet of space. (As provided in Paragraph 8 belowfeet, unless the 6th Floor Expansion Increment will be included in the Premises covered by the Lease at such time as the 6th Floor Expansion Increment is added to the Lease in accordance with such Paragraph 8context otherwise requires or this Amendment expressly provides otherwise.)