Common use of New Premises Term Clause in Contracts

New Premises Term. Landlord and Tenant acknowledge that notwithstanding Tenant’s termination and surrender of the Existing Premises as set forth in Section 3 of this Second Amendment, pursuant to the terms of the Lease, the Lease Term with respect to the Existing Premises is scheduled to expire on June 30, 2015. Notwithstanding anything to the contrary set forth in the Lease, effective as the New Premises Commencement Date, the Lease Term for the New Premises shall be extended beyond June 30, 2015, through and including the last day of the ninetieth (90th) full calendar month from and after the New Premises Commencement Date (the “New Premises Term Expiration Date”), unless sooner terminated as provided in the Lease, as hereby amended (the “New Premises Term Expiration Date”), on the terms and conditions set forth in this Second Amendment. By way of example only, if the New Premises Commencement Date occurs on October 1, 2013, then the New Premises Term Expiration Date shall be March 31, 2021; and if the New Premises Commencement Date occurs on October 15, 2013, then the New Premises Term Expiration Date shall be April 30, 2021. The period of time beginning on the New Premises Commencement Date and ending on the New Premises Term Expiration Date shall be referred to herein as the “New Premises Term.” At any time during the New Premises Term, Landlord may deliver to Tenant a notice in the form materially comparable to that attached to the Office Lease as Exhibit C, as confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within five (5) days receipt thereof.

New Premises Term. The term of Tenant's lease of the New Premises shall commence on the date (the "New Premises Commencement Date") which is the earliest to occur of (a) January 1, 2015, (b) the date upon which the improvements to the New Premises are "Substantially Complete" (as defined in Section 7.2 below), or (c) the date upon which Tenant first commences to conduct business in the New Premises. Landlord and Tenant acknowledge that notwithstanding Tenant’s termination and surrender of the Existing Lease Term for the Original Premises as set forth in Section 3 of this Second Amendmentis scheduled to expire on January 31, 2018, pursuant to the terms of the Lease, the Lease Term with respect to the Existing Premises is scheduled to expire on June 30, 2015. Notwithstanding anything to the contrary set forth in the Lease, effective as the New Premises Commencement Date, the Lease Term for the New Premises shall be extended beyond June 30expire on (i) the day immediately preceding the fifth (5th) anniversary of the New Premises Commencement Date, 2015if the New Premises Commencement Date falls on the first day of a calendar month, through and including or (ii) the last day of the ninetieth month in which the fifth (90th5th) full calendar month from and after anniversary of the New Premises Commencement Date (occurs, if the “New Premises Term Expiration Date”)Commencement Date falls on any day other than the first day of a calendar month, unless sooner terminated as provided in the Original Lease, as hereby amended by this First Amendment (the “New Premises Term Lease Expiration Date”), on the terms and conditions set forth in this Second Amendment. By way of example only, if the New Premises Commencement Date occurs on October 1, 2013, then the New Premises Term Expiration Date shall be March 31, 2021; and if the New Premises Commencement Date occurs on October 15, 2013, then the New Premises Term Expiration Date shall be April 30, 2021. The period of time beginning on the New Premises Commencement Date and ending on the New Premises Term Lease Expiration Date shall be referred to herein as the “New Premises Term.” At any time during Consequently, effective upon the New Premises Commencement Date, all references in the Lease to the “Lease Term” shall mean and refer to the New Premises Term, Landlord may deliver to Tenant a notice in the form materially comparable to that attached to the Office Lease as Exhibit C, as confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within five (5) days receipt thereof.

New Premises Term. (a) Upon the terms and conditions of the Lease as amended by this Amendment, Landlord hereby leases the New Premises to Tenant, and Tenant acknowledge that notwithstanding Tenant’s termination and surrender hereby leases the New Premises from Landlord. The term of the Existing Premises as set forth in Section 3 of this Second Amendment, pursuant to the terms of the Lease, the Lease Term with respect to the Existing New Premises (the “New Premises Term”) shall commence on the date (the “New Premises Commencement Date”) that is scheduled the earlier to occur of (i) the date Tenant first commences to conduct business in any portion of the New Premises, and (ii) seven (7) days following the date of “Substantial Completion of the Tenant Improvements”, as such term is defined in Section 5.1 of Exhibit “B” attached hereto. The determination of the New Premises Commencement Date is subject to Section 5.2 of Exhibit “B” attached hereto. Unless sooner terminated pursuant to the Lease (as hereby amended), the New Premises Term shall expire on June 30, 2015. Notwithstanding anything to the contrary set forth in date (the Lease, effective as “New Premises Expiration Date”) immediately preceding the 60-month anniversary of the New Premises Commencement Date, the Lease Term for the New Premises shall be extended beyond June 30, 2015, through and including the last day of the ninetieth (90th) full calendar month from and after the New Premises Commencement Date (the “New Premises Term Expiration Date”), unless sooner terminated as ; provided in the Lease, as hereby amended (the “New Premises Term Expiration Date”), on the terms and conditions set forth in this Second Amendment. By way of example only, that if the New Premises Commencement Date occurs on October 1, 2013is not the first day of the month, then the New Premises Term Expiration Date shall be March 31, 2021; and if the last day of the month in which the 60-month anniversary of the New Premises Commencement Date occurs on October 15occurs. Except as expressly set forth in this Amendment, 2013, then all of the terms and conditions of the Lease shall apply to the New Premises Term Expiration Date shall be April 30, 2021. The period of time beginning on the New Premises Commencement Date and ending on the New Premises Term Expiration Date shall be referred to herein as the “New Premises Term.” At any time during the New Premises Term, and the “Lease Term” as defined in the Lease shall include the New Premises Term. During the 7-day period referenced in clause (ii) above (if applicable), all of the provisions of the Lease as amended by this Amendment shall apply with respect to the New Premises, but Tenant shall not be obligated to pay Base Rent or Additional Rent for Project Expenses with respect to the New Premises until the New Premises Commencement Date. (b) At any time following the New Premises Commencement Date, Landlord may deliver to Tenant a notice Notice of Lease Term Dates with respect to the New Premises in the form materially comparable to that attached to the Office Lease hereto as Exhibit “C, as confirmation only of the information set forth therein”, which notice Tenant shall execute and return to Landlord within five ten (510) days after its receipt thereof, and the dates set forth therein shall thereafter be conclusive and binding on Landlord and Tenant.