Common use of Lease of Expansion Space Clause in Contracts

Lease of Expansion Space. Subject to the terms and conditions set forth below, Landlord hereby agrees to lease to Tenant and Tenant hereby agrees to lease from Landlord the Expansion Space. The Expansion Space is currently occupied by Bendix Commercial Vehicle Systems LLC (the "Existing Tenant") and the Existing Tenant's lease is scheduled to expire on March 31, 2017. The date that Existing Tenant delivers possession of the Expansion Space to Landlord is hereinafter referred to as the »Existing Tenant Delivery Date". On the later to occur of one (1) business day after the Existing Tenant Delivery Date and March 31, 2017, Landlord shall offer Tenant possession of the Expansion Space (the "Landlord Delivery Date"). Tenant shall accept possession of the Expansion Space from Landlord on the Landlord Delivery Date in its "as is" condition. As of the Landlord Delivery Date, the total rentable area of the Premises (the Existing Premises and the Expansion Space) shall be 47,037 square feet. From and after the Landlord Delivery Date, all references in the Lease to the "Premises" shall include the Expansion Space. For purposes of this Third Amendment, the "Rent Commencement Date" shall mean the date that is ninety (90) days after the Landlord Delivery Date. When the Landlord Delivery Date and Rent Commencement Date are established by Landlord, Tenant shall, within five (5) business days after Landlord's request, complete and execute the memorandum attached hereto as Exhibit Band deliver It to Landlord. Tenant's failure to execute the memorandum attached hereto as Exhibit B within said five (5) business day period shall constitute Tenant's acknowledgment of the truth of the facts contained in the memorandum delivered by Landlord to Tenant. 2.

Lease of Expansion Space. Subject to the terms and conditions set forth below, Landlord hereby agrees to lease to Tenant and Tenant hereby agrees to lease from Landlord the Expansion Space. The Expansion Space is currently occupied by Bendix Commercial Vehicle Systems LLC (the "“Existing Tenant"”) and the Existing Tenant's ’s lease is scheduled to expire on March 31, 2017. The date that Existing Tenant delivers possession of the Expansion Space to Landlord is hereinafter referred to as the »“Existing Tenant Delivery Date"”. On the later to occur of one (1) business day after the Existing Tenant Delivery Date and March 31, 2017, Landlord shall offer Tenant possession of the Expansion Space (the "“Landlord Delivery Date"”). Tenant shall accept possession of the Expansion Space from Landlord on the Landlord Delivery Date in its "“as is" ” condition. As of the Landlord Delivery Date, the total rentable area of the Premises (the Existing Premises and the Expansion Space) shall be 47,037 square feet. From and after the Landlord Delivery Date, all references in the Lease to the "“Premises" ” shall include the Expansion Space. For purposes of this Third Amendment, the "“Rent Commencement Date" ” shall mean the date that is ninety (90) days after the Landlord Delivery Date. When the Landlord Delivery Date and Rent Commencement Date are established by Landlord, Tenant shall, within five (5) business days after Landlord's ’s request, complete and execute the memorandum attached hereto as Exhibit Band B and deliver It it to Landlord. Tenant's ’s failure to execute the memorandum attached hereto as Exhibit B within said five (5) business day period shall constitute Tenant's ’s acknowledgment of the truth of the facts contained in the memorandum delivered by Landlord to Tenant. 2.

Lease of Expansion Space. Subject to the terms and conditions set forth below, Landlord hereby agrees to The lease to Tenant and Tenant hereby agrees to lease from Landlord of the Expansion Space. The Expansion Space is currently occupied by Bendix Commercial Vehicle Systems LLC (shall become effective as of the "Existing Tenant") and the Existing Tenant's lease is scheduled to expire on March 31, 2017. The date that Existing Tenant Landlord delivers possession of the Expansion Space to Landlord is hereinafter referred Tenant (the “Expansion Space Effective Date”), estimated to as be on or before 30 days of signing this agreement (the »Existing Tenant “Estimated Delivery Date". On the later .”) Tenant acknowledges and agrees that, prior to occur of one (1) business day after the Existing Tenant Delivery Date and March 31, 2017, Landlord shall offer Tenant being able to deliver possession of the Expansion Space to Tenant, the current tenant of the Expansion Space, Informix Software, Inc. (“Informix”), must (a) enter into a lease amendment or lease termination agreement with Landlord relating to the "Expansion Space, on terms and conditions acceptable to Landlord in its sole and absolute discretion, whereby Informix releases its rights with respect to the Expansion Space, and (b) vacate the Expansion Space, leaving it in the condition required by the terms of its lease. Landlord shall diligently attempt to induce Informix to enter into such a lease amendment or lease termination agreement with Landlord and vacate the Expansion Space on or before the Estimated Delivery Date"); provided, however, that Landlord shall have no responsibility or liability to Tenant in the event that the Expansion Space is not delivered to Tenant on or before the Estimated Delivery Date because (i) Informix has not entered into such a lease amendment or lease termination agreement, or (ii) Informix has not vacated the Expansion Space on or prior to the Estimated Delivery Date, or (iii) Landlord must repair, restore or otherwise rehabilitate the Expansion Space as a result of Informix’s tenancy in the Expansion Space. Tenant shall accept possession In the event that the Expansion Space Effective Date has not occurred on or before 30 days of signing this agreement, the proposed lease of the Expansion Space between Landlord and Tenant shall become void and of no further force and effect, and Tenant shall only be obligated to lease from Landlord, and Landlord shall only be obligated to lease to Tenant, the Additional Space on the Landlord Delivery Date in its "as is" condition. As of the Landlord Delivery Date, the total rentable area of the Premises (the Existing Premises term and the Expansion Space) shall be 47,037 square feet. From and after the Landlord Delivery Date, all references in the Lease to the "Premises" shall include the Expansion Space. For purposes of this Third Amendment, the "Rent Commencement Date" shall mean the date that is ninety (90) days after the Landlord Delivery Date. When the Landlord Delivery Date and Rent Commencement Date are established by Landlord, Tenant shall, within five (5) business days after Landlord's request, complete and execute the memorandum attached hereto as Exhibit Band deliver It to Landlord. Tenant's failure to execute the memorandum attached hereto as Exhibit B within said five (5) business day period shall constitute Tenant's acknowledgment of the truth of the facts contained in the memorandum delivered by Landlord to Tenant. 2conditions set forth herein.

Lease of Expansion Space. Subject If Tenant timely and validly exercises the Expansion Option, then this Lease shall be deemed to be modified to provide that the applicable Expansion Space shall become part of the Premises and, therefore, subject to all of the terms and conditions set forth belowof the Lease which apply to the Premises, except that with respect to such Expansion Space: (a) Landlord hereby agrees shall use commercially reasonable efforts to lease deliver possession of the Expansion Space to Tenant and Tenant hereby agrees to lease from Landlord not later than September 1, 2010 or, in the Expansion Space. The event that the Expansion Space is currently occupied the building located at 000 Xxxxxxx Xxxxx, not later than March 1, 2011 (as applicable, the "Expansion Space Delivery Deadline"), so that Tenant can commence its Alterations, which shall be performed pursuant to Article 8 of the Existing Lease; provided, however, that, if a Force Majeure event (including a holdover by Bendix Commercial Vehicle Systems LLC the previous tenant) causes a delay in delivery of possession of the Expansion Space to Tenant on or before the Expansion Space Delivery Deadline, then Landlord shall not be liable to Tenant for the failure of the same to occur on or before such date, provided that, in the case of a holdover by a previous tenant, Landlord agrees to bring an unlawful detainer action in exercising its commercially reasonable efforts to deliver possession of the Expansion Space to Tenant. Without limiting the foregoing, if Landlord fails to deliver possession of the Expansion Space to Tenant within sixty (60) days following the Expansion Space Delivery Deadline ("Outside Delivery Deadline"), then Tenant, as its sole remedy, shall be entitled to a rent credit equal to Two and 2/10ths Cents ($0.022) per rentable square foot of the Expansion Space for each day that Landlord is delayed in delivering possession of the Expansion Space to Tenant beyond the Outside Delivery Deadline, which credit Tenant may apply against Rent payable by Tenant for the Expansion Space following the Expansion Space Commencement Date, until such credit is exhausted. Provided that Landlord uses commercially reasonable efforts to deliver possession of the Expansion Space to Tenant, the Outside Delivery Deadline shall be extended by the number of days that Landlord is delayed in delivering possession of the Expansion Space to Tenant due to any Force Majeure event. (b) Subject to delay as provided in Section 6.3(a) above, Tenant shall commence payment of the Base Rent for the Expansion Space and the term of the Expansion Space shall commence upon that date (the "Existing TenantExpansion Space Commencement Date") and which is one hundred twenty (120) days following the Existing Tenant's lease is scheduled to expire on March 31, 2017. The date that Existing Tenant Landlord delivers possession of the Expansion Space to Landlord Tenant, and the Lease Term for the Expansion Space shall expire on September 30, 2014, and shall be coterminous with the Lease Term with respect to the initial Premises. Notwithstanding the foregoing, in the event that the Expansion Space is hereinafter referred to as the »Existing Tenant Delivery Date". On the later to occur of one (1) business day after the Existing Tenant Delivery Date and March 31, 2017building located at 000 Xxxxxxx Xxxxx, Landlord shall offer Tenant not deliver possession of the Expansion Space to Tenant sooner than September 1, 2010, and the Expansion Space Commencement Date shall not occur sooner than December 30, 2010. (the "Landlord Delivery Date"). c) Tenant shall accept possession of the Expansion Space from Landlord on the Landlord Delivery Date in its then existing "as is" condition. As , except as specifically set forth in the Lease and in Section 3.4(b), Section 4.1 and Section 4.2 above (provided that, for purposes of the Landlord Delivery Date, the total rentable area of the Premises (the Existing Premises and the Expansion Space) shall be 47,037 square feet. From and after the Landlord Delivery Datethese Sections, all references in the Lease to the "Premises" shall include mean the applicable Expansion Space. For purposes of this Third Amendment, all references to the "Rent Commencement Effective Date" shall mean the date that Landlord delivers possession of the Expansion Space to Tenant; and, in Section 3.4(b), the reference to "May 1, 2010" shall mean one (1) year following the date that Landlord delivers possession of the Expansion Space to Tenant). Further, notwithstanding the foregoing, upon Tenant's written request and satisfaction of the conditions set forth in Section 3.6(b) above, Landlord will contribute to the cost of any Alterations that Tenant performs in or to the Expansion Space (collectively, "Expansion Space Alterations") to the extent of the lesser of (i) the "Prorated Allowance Amount" (as defined below) or (ii) the actual cost of such Alterations (the lesser of the previously-described amounts being hereinafter referred to as the "Expansion Space Alterations Allowance"). The Expansion Space Alterations Allowance may only be applied to the payment or reimbursement of documented "hard costs" of labor and materials and "soft costs" relating to the Alterations. Tenant shall pay for all costs of Alterations in excess of the Expansion Space Alterations Allowance. If Tenant fails to submit reasonably satisfactory documentation requesting disbursement of the Expansion Space Alterations Allowance within eighteen (18) months following the Expansion Space Commencement Date, Landlord shall have no further obligation to provide the Expansion Space Alterations Allowance or any remaining balance thereof to Tenant, nor shall Tenant be entitled to any credit against Rent for any unused portion. As used herein, the "Prorated Allowance Amount" means Sixteen and 50/100 Dollars ($16.50) per rentable square foot in the Expansion Space, multiplied by a fraction, the numerator of which is ninety the number of months between the Expansion Space Commencement Date and September 30, 2014 (90prorated for any partial month on the basis of a 30-day month), and the denominator of which is sixty (60). For example, if the Expansion Space Commencement Date is January 15, 2011, and the Expansion Space consists of 31,890 rentable square feet, then the Prorated Allowance Amount shall equal $390,253.88 (i.e., $16.50 x 31,980 = $526,185.00, multiplied by a fraction, the numerator of which is 44.5 and the denominator of which is 60). (d) days Commencing on the Expansion Space Commencement Date, Tenant shall pay Base Rent for the Expansion Space, which shall be calculated at the same rates (and subject to the same periodic increases) as are applicable to the remainder of the Premises pursuant to Section 3.1 above; provided, however, that Tenant shall be entitled to an abatement of Base Rent and Tenant's Share of Direct Expenses for a number of months (or portions of months) after the Landlord Delivery Expansion Space Commencement Date. When , equal to the Landlord Delivery product of (i) a fraction, the numerator of which is the number of months between the Expansion Space Commencement Date and Rent Commencement Date are established September 30, 2014 (prorated for any partial month on the basis of a 30-day month), and the denominator of which is sixty (60), multiplied by Landlord, Tenant shall, within (ii) five (5). For example, if the Expansion Space Commencement Date occurs on July 1, 2010, then Tenant shall be entitled to an abatement of Base Rent and Tenant's Share of Direct Expenses from the Expansion Space Commencement Date through November 10, 2010 (i.e., 52 / 60 months x 5 = 4.333 months of abatement), at which time Base Rent shall equal $1.34 per rentable square foot in the Expansion Space per month until September 30, 2011. Base Rent for the Expansion Space shall then increase on October 1, 2011 to $1.38 per rentable square foot in the Expansion Space per month, on October 1, 2012 to $1.42 per rentable square foot in the Expansion Space per month, and so on as more particularly set forth in Section 3.1. (e) business days after LandlordTenant’s Share shall equal 100% of the Building for purposes of calculating of Tenant's requestShare of Direct Expenses for the Expansion Space, complete unless the Expansion Space comprises less than the entirety of a building, in which event Tenant's Share of Direct Expenses for the Expansion Space shall equal 50%, and execute the memorandum attached hereto Existing Lease will be modified as Exhibit Band deliver It Landlord may reasonably require to reflect a multi-tenant building (e.g., deletion of Tenant's exclusive right to the roof of the multi-tenant building, deletion or modification of Tenant's exterior signage rights to accommodate another tenant of the building). (f) Prior to the Expansion Space Commencement Date, Tenant shall pay to Landlord. Tenant's failure to execute the memorandum attached hereto , as Exhibit B within said five (5) business day period shall constitute Tenant's acknowledgment of the truth of the facts contained an increase in the memorandum delivered by Landlord Security Deposit, an amount equal to Tenant. 2the monthly installment of Base Rent for the Expansion Space payable for September 2014.