Common use of New Premises Clause in Contracts

New Premises. Effective as of the New Premises Commencement Date, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the New Premises for a term of thirty-six (36) months (the “New Premises Term”). Prior to the New Premises Commencement Date, Landlord shall paint and carpet the New Premises with Building-standard paint and carpeting (the “Tenant Improvements”). Except for the foregoing Tenant Improvements, Landlord shall deliver the New Premises to Tenant in its “AS-IS” condition and Landlord shall have no obligation to improve, remodel or otherwise alter the New Premises prior to or after the New Premises Commencement Date. Notwithstanding the foregoing, Landlord shall cause the roof to be in good condition and the building systems including the HVAC, electrical and plumbing systems serving the Premises to be in good working order on the New Premises Commencement Date. Any claims by Tenant under the preceding sentence shall be made in writing not later than the thirtieth (30th) day after the New Premises Commencement Date. In the event Tenant fails to deliver a written claim to Landlord on or before such thirtieth (30th) day, then Landlord shall be conclusively deemed to have satisfied its obligations under this Paragraph 1.

New Premises. Effective As of March 19, 2004 (“Availability Date”), Tenant shall be entitled to full and unencumbered possess of the space containing 6,801 rentable square feet on the 2nd floor described on attached Exhibit A and now commonly known as Suite 210 (“New Premises”), with the Landlord’s Work (as defined hereafter) completed. Between the Availability Date and April 1, 2004, Tenant shall vacate and deliver possession of the Premises containing 4,034 rentable square feet (“Old Premises”) to Landlord and Tenant shall fully take possession of the New Premises Commencement (the date on which Tenant fully vacates the Old Premises and takes possession of the new Premises is the “Relocation Date”). From and after the Relocation Date, Landlord hereby leases all references to Tenant and Tenant hereby leases from Landlord the “Premises” under the Lease shall mean the New Premises for a term of thirty-six (36) months (the “New Premises Term”). Prior to and the New Premises Commencement Dateshall be known as Suite 280 in the Building. If Tenant does not vacate the Old Premises within ten (10) business days after April 1, Landlord 2004, Tenant shall paint and carpet be deemed in default under the New Premises with Building-standard paint and carpeting (the “Tenant Improvements”). Except for the foregoing Tenant ImprovementsLease, Landlord shall deliver the New Premises to Tenant in its “AS-IS” condition and Landlord shall have no obligation to improve, remodel or otherwise alter all of its remedies under the New Lease. Tenant shall remain liable for the full and faithful performance of its obligations and for payment of all amounts which may be due and payable under the Lease for the Old Premises prior to or after through the New Premises Commencement Relocation Date. Notwithstanding anything contained in the foregoingLease to the contrary, Landlord but subject to the provisions of Section 7 of the Lease, Tenant shall cause have no duty to restore the roof to be in good condition and (or pay for the building systems including restoration) of the HVACOld Premises prior to, electrical and plumbing systems serving the Premises to be in good working order on the New Premises Commencement Date. Any claims by Tenant under the preceding sentence shall be made in writing not later than the thirtieth (30th) day after the New Premises Commencement Date. In the event Tenant fails to deliver a written claim to Landlord on or before such thirtieth (30th) dayafter, then Landlord shall be conclusively deemed to have satisfied its obligations under this Paragraph 1Tenants vacation of same.

New Premises. Effective To substitute for the Premises other premises (herein referred to as the “new premises”) in the Property or another building in the vicinity, provided: (i) the new premises shall be similar to the Premises in size (up to 10% larger or smaller with the Rent and any other rights and obligations of the New parties based on the square footage of the Premises Commencement Dateadjusted proportionately to reflect the increase or decrease), (ii) Landlord hereby leases shall provide the new premises in a condition substantially comparable to Tenant the Premises at the time of the substitution (and Tenant hereby leases from shall diligently cooperate in the preparation or approval of any plans or specifications for the new premises as requested by Landlord or Landlord’s representatives), (iii) the New Premises for a term of thirty-six (36) months (the “New Premises Term”). Prior parties shall execute an appropriate amendment to the New Premises Commencement DateLease confirming the change within thirty (30) days after Landlord requests, and (iv) if Tenant shall already have taken possession of the Premises: (a) Landlord shall paint and carpet pay the New Premises with Buildingdirect, out-standard paint and carpeting (the “Tenant Improvements”). Except for the foregoing Tenant Improvementsof-pocket, Landlord shall deliver the New Premises to reasonable expenses of Tenant in its “AS-IS” condition and Landlord shall have no obligation to improve, remodel or otherwise alter the New Premises prior to or after the New Premises Commencement Date. Notwithstanding the foregoing, Landlord shall cause the roof to be in good condition and the building systems including the HVAC, electrical and plumbing systems serving moving from the Premises to the new premises, including costs of hiring a moving company, relocating and installing computer and telephone cabling for the new premises, and reasonable supplies of Tenant’s stationery and business cards that can no longer be in good working order on the New Premises Commencement Date. Any claims by used as a result of such change, such reimbursement to be made promptly after Tenant under the preceding sentence provides reasonable written evidence of such costs to Landlord, and (b) Landlord shall give Tenant at least thirty (30) days’ notice before making such substitution, and such move shall be made during evenings, weekends, or otherwise so as to reasonably minimize any inconvenience to Tenant. The new premises may include a portion of the then-current Premises, and Landlord may separately apply the foregoing substitution right to any space as to which Tenant has been, or is hereafter, granted a right, if any, to expand, lease or relocate under other provisions of this Lease or any future amendment hereto. Tenant shall surrender and vacate the Premises on the date required in writing not later than Landlord’s notice of substitution, in the thirtieth (30th) day after the New Premises Commencement Date. In the event Tenant fails condition and as required under Article 23, and any failure to deliver a written claim to Landlord on or before such thirtieth (30th) day, then Landlord do so shall be conclusively deemed subject to have satisfied its obligations under this Paragraph 1Article 24.

New Premises. Effective as of the New Premise Effective Date, Landlord leases to Tenant, and Tenant leases from Landlord, the New Premises. The “New Premises Effective Date” means the date which is 60 days after the later to occur of (a) the date this Amendment is fully executed by the parties hereto, and (b) a building permit has been issued to Landlord for performance of the Work (as defined in the Work Letter), subject to the provisions of this Amendment. Except as otherwise expressly provided below in this ▇▇▇▇▇▇▇▇▇ ▇, ▇▇▇▇▇▇▇▇ will have no liability to Tenant for failure to deliver possession of the New Premises to Tenant with the Work substantially completed by the date set forth above. If Landlord fails to deliver possession of the New Premises by such date with the Work substantially completed for any reason other than a Tenant Delay (as defined in the Work Letter), the New Premises Effective Date will be deferred until Landlord delivers possession of the New Premises with the Work substantially completed. If Landlord fails to deliver possession of the Premises by such date with the Work substantially completed due to a Tenant Delay, then the New Premises Effective Date will not be deferred. Landlord and Tenant agree, upon demand by the other, to execute and deliver a Commencement Date Agreement in the form of Exhibit C attached within 15 days after such request. If Landlord fails to deliver possession of the New Premises with the Work substantially complete on or before the New Premises Effective Date (plus one additional day for each day that substantial completion of the Work is delayed due to a Tenant Delay, as defined in the Work Letter, or due to an Unavoidable Delay (as defined in the Lease), Landlord will grant to Tenant a credit (the “Rent Credit”) equal to $722.66 multiplied by the number days in the period beginning on the day immediately following the New Premises Effective Date and ending on the day on which Landlord delivers to Tenant possession of the New Premises with the Work substantially completed, inclusive. Except for such Rent Credit, as herein provided, there will be no other liability against Landlord for failure to complete the Work or deliver possession of the New Premises. Landlord will apply such Rent Credit (if any) against Base Rent coming due under this Lease in the order in which such Base Rent becomes due. Effective as of the New Premises Commencement Effective Date, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the New Premises for a term of thirty-six (36) months (the “New Premises Term”). Prior to the New Premises Commencement Date, Landlord shall paint and carpet the New Premises with Building-standard paint and carpeting (the “Tenant Improvements”). Except for the foregoing Tenant Improvements, Landlord shall deliver the New Premises to Tenant in its “AS-IS” condition and Landlord shall have no obligation to improve, remodel or otherwise alter the New Premises prior to or after the New Premises Commencement Date. Notwithstanding the foregoing, Landlord shall cause the roof to be in good condition and the building systems including the HVAC, electrical and plumbing systems serving the Premises to be in good working order on the New Premises Commencement Date. Any claims by Tenant under the preceding sentence shall be made in writing not later than the thirtieth (30th) day after the New Premises Commencement Date. In the event Tenant fails to deliver a written claim to Landlord on or before such thirtieth (30th) day, then Landlord shall be conclusively deemed to have satisfied its obligations under this Paragraph 1.:

New Premises. Effective a. Landlord shall endeavor to deliver the New Premises to Tenant on or before September 1, 2014, in vacant, broom clean condition, with all base building systems and equipment in good working order and repair. Except as expressly provided in the prior sentence, the New Premises are being leased by Tenant in their condition as of the New Premises Delivery Date (as hereinafter defined), “As Is,” without representation or warranty by Landlord. Tenant acknowledges that it has inspected the New Premises and common facilities of the Building and, except as described in the foregoing sentence and the Base Building Work (as hereinafter defined), has found the same satisfactory. The date that Landlord delivers the New Premises to Tenant in such condition is hereinafter referred to as the “New Premises Delivery Date”. Tenant shall have access to the New Premises from and after the New Premises Delivery Date through the New Premises Commencement Date for the purposes of designing and performing the Initial Work in the Premises. Such access shall be subject to and upon all of the terms and conditions of the Lease other than the payment of Base Rent or Additional Rent. Tenant acknowledges that (i) all or a portion of the New Premises are currently occupied by other tenants, (ii) except as hereinafter provided, Landlord shall not be liable to Tenant for failing to deliver the New Premises, or any portion thereof, to Tenant by any particular date, and (iii) Tenant shall not have the right to terminate this Lease for Landlord’s failure to timely deliver the New Premises, or any portion thereof, to Tenant by any particular date, but shall accept delivery of such New Premises when delivered by Landlord. Notwithstanding the foregoing, if the New Premises Delivery Date has not occurred on or before September 1, 2014, other than as a result of force majeure, Tenant shall be entitled to an additional day for day credit against Base Rent for each day after such date that the New Premises Delivery Date has not occurred until November 30, 2014. If the New Premises Delivery Date has not occurred on or before December 1, 2014, other than as a result of force majeure, Landlord agrees to reimburse Tenant for actual third party costs incurred by Tenant in an amount not to exceed $250,000 (the “Existing Premises Work Costs”) to reconfigure or refurbish the Original Premises to enhance functionality and better accommodate employee occupancy (the “Existing Premises Work”). All of the Existing Premises Work shall be completed by Tenant in accordance with the requirements set forth in Section 6 of the Lease and the Rules and Regulations for Initial Work and Tenant Alterations attached hereto as Exhibit E. Tenant agrees to mitigate the Existing Premises Work Costs to the extent possible – e.g. acquiring used furniture and quantity and quality of building materials consistent with the current improvements to the Existing Premises. At Tenant’s election, Tenant may receive such reimbursement of the Existing Premises Work Costs as a credit in the amount of such Costs applied against subsequent obligations of Tenant to pay Rent. If the New Premises Delivery Date has not occurred on or before January 1, 2015, other than as a result of force majeure, Tenant shall have the right to extend the term of the Lease with respect to the Original Premises (the “Original Premises Extension Term”) exercisable upon written notice to Landlord given no later than January 31, 2015, for an extension term expiring on the earlier of (a) April 30, 2016 and (b) the date that is six (6) months following the receipt of written notice to Landlord of Tenant’s election to terminate the Original Premises Extension Term. Such extension shall be on the same terms, covenants and conditions as the current Term of the Lease with respect to the Original Premises (without giving effect to this Amendment) and shall be Tenant’s sole and exclusive remedy for Landlord’s failure to deliver the New Premises. Notwithstanding the foregoing, if Tenant exercises such right of extension and Landlord delivers the New Premises in accordance herewith on or before the date that is thirty (30) days following receipt of Tenant’s extension notice, such notice shall be null and void and of no further force and effect and the Lease (and this Amendment) shall continue in full force and effect. b. From and after the New Premises Commencement Date (as defined in the attached Reference Pages), the New Premises shall constitute the “Premises” and the New Building shall constitute the “Building” under the Lease for all purposes, and from and after the New Premises Commencement Date, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the New Premises for a term of thirty-six (36) months Reference Pages (the “New Premises TermAmended Reference Pages”). Prior ) attached hereto shall be the Reference Pages for all purposes under the Lease and Exhibit A, Exhibit A-1 and Exhibit B to the New Premises Commencement Date, Landlord shall paint and carpet the New Premises with Building-standard paint and carpeting (the “Tenant Improvements”). Except for the foregoing Tenant Improvements, Landlord shall deliver the New Premises to Tenant in its “AS-IS” condition and Landlord shall have no obligation to improve, remodel or otherwise alter the New Premises prior to or after the New Premises Commencement Date. Notwithstanding the foregoing, Landlord shall cause the roof to be in good condition and the building systems including the HVAC, electrical and plumbing systems serving the Premises to be in good working order on the New Premises Commencement Date. Any claims by Tenant under the preceding sentence Lease shall be made in writing not later than the thirtieth (30th) day after the New Premises Commencement Date. In the event Tenant fails to deliver a written claim to Landlord on or before such thirtieth (30th) daydeleted and Exhibit A, then Landlord Exhibit A-1 and Exhibit B attached hereto shall be conclusively deemed to have satisfied its obligations under this Paragraph 1substituted therefor and made a part hereof.