Common use of Lease of Expansion Premises Clause in Contracts

Lease of Expansion Premises. Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the Expansion Premises for a Term commencing on the date (the “Expansion Premises Commencement Date”) on which Landlord delivers the Expansion Premises to Tenant in the Delivery Condition and expiring on the Expiration Date, unless earlier terminated or extended, in accordance with the terms of the Lease. The lease and use of the Expansion Premises shall be upon and subject to all of the other terms and conditions of the Existing Lease, except as expressly set forth in this Amendment. The Expansion Premises Commencement Date is anticipated to occur on April 13, 2020 (the “Estimated Expansion Premises Commencement Date”). The “Expansion Premises Rent Commencement Date” shall mean the earlier to occur of (i) the date on which Tenant has completed Tenant’s Expansion Premises Work (as hereinafter defined), or (ii) the date that is four (4) months after the Expansion Premises Commencement Date. From and after the Expansion Premises Commencement Date, except as expressly set forth herein, (v) each reference contained in the Existing Lease to the “Premises” shall be considered to be a reference to the Existing Premises and the Expansion Premises, collectively, (w) each reference contained in the Existing Lease to the “Prime Premises” shall be considered to be a reference to the existing Prime Premises and the Expansion Prime Premises, collectively, (x) each reference contained in the Existing Lease to the “Generator Premises”, shall be considered to be a reference to the existing Generator Premises and the Expansion Generator Premises, collectively, (y) each reference contained in the Existing Lease to the “Rooftop Premises”, shall be considered to be a reference to the existing Rooftop Premises and the Expansion Rooftop Premises, collectively, and (z) each reference contained in the Existing Lease to the “Gasses/Tank Premises”, shall be considered to be a reference to the existing Gasses/Tank Premises and the Expansion Gasses/Tank Premises, collectively.

Lease of Expansion Premises. Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the Expansion Premises for a Term commencing Effective on the date (the “Expansion Premises Commencement Date”) on which Landlord delivers the Expansion Premises to Tenant in the Delivery Condition and expiring on the Expiration Date, unless earlier terminated or extended, in accordance with the terms of the Lease. The lease and use of the Expansion Premises shall be upon and subject to all of the other terms and conditions of the Existing Lease, except as expressly set forth in this Amendment. The Expansion Premises Commencement Date is anticipated to occur on April 13(as defined below), 2020 (the “Estimated Expansion Premises” as such term is used in the Lease, shall include the Existing Premises Commencement Date”). The “Expansion Premises Rent Commencement Date” shall mean the earlier to occur of (i) the date on which Tenant has completed Tenant’s Expansion Premises Work (as hereinafter defined), or (ii) the date that is four (4) months after and the Expansion Premises Commencement Date(totaling an aggregate of 36,380 rentable square feet) as shown on Exhibit A attached hereto. From and after the Expansion Premises Commencement Date and through and including the Extended Expiration Date (as hereinafter defined), the Expansion Premises shall be considered part of the Premises and all references to the Premises shall be and be deemed to include the Expansion Premises. Tenant shall take possession of the entire Expansion Premises as of the Expansion Premises Commencement Date, provided, however Tenant shall commence paying Base Rent for 11,494 rentable square feet of the Expansion Premises commencing on the Expansion Premises Commencement Date and shall commence paying Base Rent on the remaining 11,493 rentable square feet of the Expansion Premises on the date that is fifteen (15) months following the Expansion Premises Commencement Date in accordance with the Base Rent Schedule set forth in Section 4.02 hereof. The Expansion Premises shall be subject to all of the terms and conditions of the Lease except as expressly set forth hereinherein and except that Tenant shall not be entitled to receive any fit-up allowances, initial Base Rent abatements or other financial concessions with respect to the Expansion Premises (v) each reference contained even if such allowances, abatements or concessions were granted in connection with the Existing Lease Premises) unless such concessions are expressly provided for in this Amendment with respect to the “Premises” shall be considered to be a reference to the Existing Premises and the Expansion Premises, collectively, (w) each reference contained in the Existing Lease to the “Prime Premises” shall be considered to be a reference to the existing Prime Premises and the Expansion Prime Premises, collectively, (x) each reference contained in the Existing Lease to the “Generator Premises”, shall be considered to be a reference to the existing Generator Premises and the Expansion Generator Premises, collectively, (y) each reference contained in the Existing Lease to the “Rooftop Premises”, shall be considered to be a reference to the existing Rooftop Premises and the Expansion Rooftop Premises, collectively, and (z) each reference contained in the Existing Lease to the “Gasses/Tank Premises”, shall be considered to be a reference to the existing Gasses/Tank Premises and the Expansion Gasses/Tank Premises, collectively.

Lease of Expansion Premises. Landlord hereby leases to Tenant, Tenant and Tenant hereby leases from Landlord, Landlord the Expansion Premises for a Term commencing on under the date (terms and conditions set forth in the “Expansion Premises Commencement Date”) on which Original Lease as specifically modified by this Second Amendment. Landlord delivers shall endeavor to deliver the Expansion Premises to Tenant in (the “Delivery Condition and expiring Date”) on or before October 1, 2020; however, Landlord’s failure to deliver the Expansion Premises on or before such date shall not subject Landlord to any liability therefor, nor shall such failure affect the validity of this Lease or, except as provided below, change the Lease Expiration Date. If, unless earlier terminated despite said efforts, Landlord is unable to deliver possession by the Expansion Rent Commencement Date (as defined below), Tenant shall not be obligated to pay Rent with respect to the Expansion Premises until Landlord delivers possession of the Expansion Premises. If Landlord is unable to deliver possession by October 30, 2020, then Tenant may elect to void this Second Amendment by providing Landlord with written notice of such election at any time on or extendedbefore November 13, 2020. In the event that Tenant elects to void this Second Amendment in accordance with the terms of this paragraph, then upon Landlord’s receipt of Tenant’s notice of such election, the Lease. The lease and use expansion of the Expansion Premises shall be upon and subject to all other modifications of the other terms and conditions of the Existing Lease, except Original Lease as expressly set forth in this Second Amendment, shall be void, Landlord shall immediately return to Tenant the Increased Deposit (as defined in Paragraph 2.5 of this Second Amendment), and the Original Lease shall continue in full force and effect. The Tenant shall provide Landlord with updated proof of insurance covering both the Original Premises and Expansion Premises Commencement on or before the Delivery Date is anticipated as a condition to occur on April 13, 2020 (the “Estimated Expansion Premises Commencement Date”). The “Expansion Premises Rent Commencement Date” shall mean the earlier to occur of (i) the date on which Tenant has completed Tenant’s Expansion Premises Work (as hereinafter defined), or (ii) the date that is four (4) months after Landlord delivering the Expansion Premises Commencement Date. From and after to Tenant, the failure of which shall not extend the Expansion Premises Rent Commencement Date, except as expressly set forth herein, (v) each reference contained in the Existing Lease Date or excuse Tenant’s obligation to the “Premises” shall be considered to be a reference to the Existing Premises and the Expansion Premises, collectively, (w) each reference contained in the Existing Lease to the “Prime Premises” shall be considered to be a reference to the existing Prime Premises and the Expansion Prime Premises, collectively, (x) each reference contained in the Existing Lease to the “Generator Premises”, shall be considered to be a reference to the existing Generator Premises and the Expansion Generator Premises, collectively, (y) each reference contained in the Existing Lease to the “Rooftop Premises”, shall be considered to be a reference to the existing Rooftop Premises and the Expansion Rooftop Premises, collectively, and (z) each reference contained in the Existing Lease to the “Gasses/Tank Premises”, shall be considered to be a reference to the existing Gasses/Tank Premises and the Expansion Gasses/Tank Premises, collectivelypay Rent.

Lease of Expansion Premises. Landlord hereby leases (a) Effective as of the later date to Tenantoccur of (i) April 1, and Tenant hereby leases from Landlord, the Expansion Premises for a Term commencing on the date 2013 (the “Expansion Premises Commencement Target Phase I Delivery Date”), and (ii) on which subject to adjustment, if applicable, pursuant to Section 3.3(f) of this Fourth Amendment, the date Landlord delivers possession of the Phase I Expansion Premises to Tenant vacant, broom clean, free of all occupants, personal property, trash and debris, and otherwise in the Delivery Condition and expiring on the Expiration Date, unless earlier terminated or extended, in accordance with the terms of the Lease. The lease and use of the Expansion Premises shall be upon and subject to all of the other terms and conditions of the Existing Lease, except its as expressly set forth in this Amendment. The Expansion Premises Commencement Date is anticipated to occur on April 13, 2020 condition (the “Estimated Phase I Expansion Premises Commencement Date”). The “, the Phase I Expansion Premises Rent Commencement Date” shall mean constitute a Premises Component and a part of the earlier Premises demised to occur of (i) Tenant under the date on which Tenant has completed Lease for a term coterminous with the Lease Term. Except as otherwise expressly provided herein, Tenant’s lease of the Phase I Expansion Premises Work (shall be on all of the terms and conditions of the Lease, as hereinafter defined), or (ii) amended by this Fourth Amendment. As of the date that is four (4) months after the Expansion Premises Commencement Date. From and after the Phase I Expansion Premises Commencement Date, except as expressly set forth herein, (v) each reference contained all references in the Existing Lease to the “Premises” and/or the premises demised by the Lease shall be considered to be a reference to mean the Existing Premises and the Phase I Expansion Premises, collectively, (w) each reference contained and containing 158,567 square feet of rentable floor area in the Existing Lease Building. Subject to delays arising from Force Majeure, Landlord shall use reasonable efforts to deliver possession of the Phase I Expansion Premises to Tenant on or before the Target Phase I Delivery Date, provided, however, the failure of the Phase I Expansion Premises Commencement Date to occur on or before the Target Phase I Delivery Date shall in no way affect the validity of this Fourth Amendment or the obligations of Tenant hereunder and, except to the “Prime Premises” extent set forth in Sections 3(e) or Section 3(f) below, Tenant shall be considered to be a reference to the existing Prime Premises and the Expansion Prime Premises, collectively, (x) each reference contained in the Existing Lease to the “Generator Premises”, shall be considered to be a reference to the existing Generator Premises and the Expansion Generator Premises, collectively, (y) each reference contained in the Existing Lease to the “Rooftop Premises”, shall be considered to be a reference to the existing Rooftop Premises and the Expansion Rooftop Premises, collectivelynot have any claim against Landlord, and (z) each reference contained in the Existing Lease Landlord shall have no liability to the “Gasses/Tank Premises”Tenant, shall be considered to be a reference to the existing Gasses/Tank Premises and the Expansion Gasses/Tank Premises, collectivelyby reason thereof.