Common use of Mezzanine Clause in Contracts

Mezzanine. If Landlord does not obtain economically feasible Mezzanine Plans on or before September 1, 2000, then Landlord or Tenant may terminate this Lease with respect to the Mezzanine at any time thereafter, but before delivery of the Mezzanine Acceptance Notice, by giving the other party written notice (the “Mezzanine Notice”). Upon proper delivery of any Mezzanine Notice pursuant to this Section 2.5.2, Landlord shall promptly deliver to Tenant an amendment to this Lease memorializing the deletion of the Mezzanine from the Premises (the “Mezzanine Deletion Amendment”). The Mezzanine Deletion Amendment shall provide the following: (i) the definition of the Premises shall be modified to exclude the Mezzanine and to reduce the Rentable Area of the First Floor Portion to 11,947 square feet, (ii) Tenant’s Percentage Share shall be decreased to reflect the reduction in the Rentable Area of the First Floor Portion, (iii) the Preliminary Base Rent shall be reduced by $320,000.00, (iv) the Initial Base Rent shall be reduced by $332,000.00, (v) the Middle Base Rent shall be reduced by $344,000.00, (vi) the Final Base Rent shall be reduced by $352,000.00, (vii) the then current amount of the Security Deposit shall be proportionately reduced to reflect the percentage reduction in the Base Rent, (viii) Landlord shall have no obligation to construct an elevator or stairways in the First Floor Portion, and (ix) all references in the Lease to the Mezzanine shall be deemed deleted. If Xxxxxx fails to execute the Mezzanine Deletion Amendment within thirty (30) days after receipt of the Mezzanine Deletion Amendment from Landlord, then Tenant shall be in default under this Lease and Landlord shall have the right to exercise all of its rights and remedies under this Lease.

Mezzanine. If Landlord does not obtain economically feasible Mezzanine Plans on On or before September 1the BSC Completion Date, 2000, then Landlord or Tenant may terminate this Lease with respect to the Mezzanine at any time thereafter, but before delivery of the Mezzanine Acceptance Notice, by giving the other party written notice (the “Mezzanine Notice”). Upon proper delivery of any Mezzanine Notice pursuant to this Section 2.5.2, Landlord shall promptly deliver to Tenant an amendment to this Lease memorializing the deletion of the Mezzanine from the Premises (the “Mezzanine Deletion Amendment”). The Mezzanine Deletion Amendment shall provide the following: (i) the definition of the Premises shall be modified to exclude the Mezzanine and to reduce the Rentable Area of the First Floor Portion to 11,947 square feet, (ii) Tenant’s Percentage Share shall be decreased to reflect the reduction in the Rentable Area of the First Floor Portion, (iii) the Preliminary Base Rent shall be reduced by $320,000.00, (iv) the Initial Base Rent shall be reduced by $332,000.00, (v) the Middle Base Rent shall be reduced by $344,000.00, (vi) the Final Base Rent shall be reduced by $352,000.00, (vii) the then current amount of the Security Deposit shall be proportionately reduced to reflect the percentage reduction in the Base Rent, (viii) Landlord shall have no obligation to construct an elevator or stairways in the First Floor Portion, and (ix) all references in the Lease to the Mezzanine shall be deemed deleted. If Xxxxxx fails to execute the Mezzanine Deletion Amendment within thirty (30) days after receipt of the Mezzanine Deletion Amendment from Landlord, then Tenant shall be in default under this Lease and Landlord shall have the right to exercise give Notice to Landlord instructing Landlord either to remove permanently or, subject to Landlord’s prior approval (not to be unreasonably withheld, conditioned or delayed) of the new location thereof, to relocate, up to 20,000 rentable square feet of mezzanine presently constructed or intended to be constructed by Landlord in the portion of the Premises located in Suites D and/or G. If Tenant elects for Landlord to remove mezzanine (the “Removed Mezzanine”), Landlord shall do so at Landlord’s sole cost and expense. If Tenant elects to require Landlord to relocate the mezzanine (the “Relocated Mezzanine”), Landlord shall do so at Tenant’s sole cost and expense (but, for the avoidance of doubt, in the relocation process, Landlord shall pay the cost to remove the existing mezzanine and Tenant shall only be obligated to pay the costs and expenses of constructing the relocated mezzanine). Notwithstanding anything in this Lease to the contrary, any relocation of Relocated Mezzanine or removal of Removed Mezzanine shall not change the area of the Premises for purposes of determining the rentable area of the Premises, the Rent, Tenant’s Share or the amount of the Tenant Improvement Allowance. The Removed Mezzanine shall be replaced by Tenant at the expiration or earlier termination of the Lease Term; provided that if Tenant extends the Lease Term beyond the Initial Lease Term for a period of five (5) years for all of its rights Phases I-A, I-B, II and remedies under this LeaseIII (collectively, the “Original Premises”), and leases such Original Premises for the entirety of such five (5) year period, then Tenant shall not be required to replace the Removed Mezzanine. Any work by Landlord required to remove the Removed Mezzanine or to remove and install the Relocated Mezzanine shall be deemed to be outside the scope of Landlord’s Work (and not to be considered in determining the completion of Landlord’s Work or the calculation of the BSC Completion Date).