Common use of Option Space Clause in Contracts

Option Space. Lessee shall have the option to add to the Demised Premises an additional area of approximately 3,500 — 6,366 square feet (as determined by Lessor and measured under BOMA) of rentable area on the seventh (7th) floor of the Building that is contiguous to the Demised Premises (such space being identified as the “Addendum No. 5 Option Space”, and such option being hereinafter referred to as the “Addendum No. 5 Option Space Option”). The configuration of the Addendum No. 5 Option Space shall satisfy all applicable laws, have reasonable access to common areas and common facilities located on the 7th floor of the Building and be usable for general office purposes. The final configuration of the Addendum No. 5 Option Space shall be designated by Lessor. Lessor shall deliver the Addendum No. 5 Option Space separately demised from the remainder of the seventh (7th) floor with a demising wall constructed, but Lessor shall have no obligation to perform any further work with respect to the Addendum No. 5 Option Space or the delivery thereof. Such demising wall shall be constructed in a manner in compliance with applicable laws and consistent with Building standard finishes. Without limiting the generality of the effect of the foregoing, the corridor side of any such demising wall shall be consistent with Lessor’s Work. Subject to the foregoing, Lessee may exercise the Addendum No. 5 Option Space Expansion Option by giving written notice to Lessor no later than October 31, 2018 (“Lessee’s Addendum No. 5 Option Space Option Notice”). If Lessee delivers Lessee’s Addendum No. 5 Option Space Option Notice, Lessor shall deliver the Addendum No. 5 Option Space to Lessee not earlier than January 1, 2020, and not later than April 30, 2022. If Lessee delivers Lessee’s Addendum No. 5 Option Space Option Notice, then, on or before November 10, 2018, Lessor shall notify Lessee in writing (“Lessor’s Addendum No. 5 Option Space Notice”) of the configuration and rentable square footage of the Addendum No. 5 Option Space and the date Lessor will deliver the Addendum No. 5 Option Space to Lessee (“Addendum No. 5 Option Space Delivery Date”), all in accordance with the terms and conditions hereof. Lessee may not lease less than all of the Addendum No. 5 Option Space designated by Lessor.

Option Space. Lessee A. Provided that: 1. at the time of delivery of the "Tenant's Notice" and on the "Option Space Commencement Date" (as such quoted terms are hereinafter defined), Tenant shall not be in default of any of the obligations required to be observed or performed by Tenant under the Lease beyond the expiration of applicable notice and cure periods provided in the Lease, which condition, at Landlord's option, may be waived in writing, 2. as of the date upon which Tenant shall have delivered the Tenant's Notice, Tenant named herein and any related corporations (as defined in Article 41 of the Lease) shall occupy at least seventy (70%) percent of the Premises for the conduct of its business and 3. Tenant shall not have failed or refused to exercise its option to add set forth in Section I of the Article, then, in the event Tenant shall give Landlord written notice (the "Tenant's Notice"), prior to the Demised Premises an additional fifth (5th) anniversary of the Additional Space Commencement Date, that it desires to lease the entire remaining rentable area of approximately 3,500 — 6,366 square feet the forty-eighth (as determined by Lessor and measured under BOMA) of rentable area on the seventh (7th48th) floor of in the Building that is contiguous to (the Demised Premises (such space being identified as the “Addendum No. 5 "Option Space”") which the parties hereto agree, and such option being hereinafter referred for purposes of this Article, shall be deemed to as have a rentable square foot area of 7,938, then the “Addendum No. 5 Option Space Option”). The configuration of the Addendum No. 5 Option Space shall satisfy all applicable laws, have reasonable access to common areas and common facilities located on the 7th floor of the Building and be usable for general office purposes. The final configuration of the Addendum No. 5 Option Space shall be designated by Lessor. Lessor shall deliver the Addendum No. 5 Option Space separately demised from the remainder of the seventh (7th) floor with a demising wall constructed, but Lessor shall have no obligation to perform any further work with respect added to the Addendum No. 5 Option Space or the delivery thereof. Such demising wall shall be constructed in a manner in compliance with applicable laws and consistent with Building standard finishes. Without limiting the generality of the effect of the foregoing, the corridor side of any such demising wall shall be consistent with Lessor’s Work. Subject to the foregoing, Lessee may exercise the Addendum No. 5 Option Space Expansion Option by giving written notice to Lessor no later than October 31, 2018 (“Lessee’s Addendum No. 5 Option Space Option Notice”). If Lessee delivers Lessee’s Addendum No. 5 Option Space Option Notice, Lessor shall deliver the Addendum No. 5 Option Space to Lessee not earlier than January 1, 2020, and not later than April 30, 2022. If Lessee delivers Lessee’s Addendum No. 5 Option Space Option Notice, then, on or before November 10, 2018, Lessor shall notify Lessee in writing (“Lessor’s Addendum No. 5 Option Space Notice”) of the configuration and rentable square footage of the Addendum No. 5 Option Space and the date Lessor will deliver the Addendum No. 5 Option Space to Lessee (“Addendum No. 5 Option Space Delivery Date”), all Premises in accordance with the terms and conditions of Paragraph B hereof. Lessee may not lease less than . B. If Tenant shall send the Tenant's Notice to Landlord in the manner set forth in Section A, then the Option Space shall be deemed included in the Premises effective as of the date possession thereof is tendered to Tenant (the "Option Space Commencement Date") upon all of the Addendum No. 5 same terms, covenants and conditions contained in the Lease, as modified by the terms of this Section and Landlord and Tenant shall enter into an amendment to the Lease (the "Option Space designated Lease Amendment"), provided that a failure to deliver or execute the Option Space Lease Amendment shall not vitiate the terms of this Article and the Option Space shall nevertheless be added to the Premises in accordance with the terms of the Lease, except that: 1. The fixed rent payable by LessorTenant pursuant to the Whereas clause of the Lease shall be increased by an amount (the "OS Fixed Rent") equal to ninety-five (95%) percent of the Fair Market Rent for the Option Space as determined in accordance with Section D of Section I hereof. 2. Article 51 of the Lease shall only apply to the Option Space in that the "Free Fixed Rent Period" shall be deemed to be the period equal to the product of (a) the Amortization Factor (hereinafter defined) multiplied by (b) eight (8) months (the "Free OS Fixed Rent Period), commencing on the Option Space Commencement Date and Tenant's occupancy during such period shall be free only of the OS Fixed Rent in accordance with said Article 51.

Option Space. Lessee shall have the option to add to the Demised Premises an additional area of approximately 3,500 — 6,366 4,000 – 5,000 square feet (as determined by Lessor and measured under BOMA) of rentable area on the seventh (7th) floor of the Building that is contiguous to the Demised Premises (such space being identified as the “Addendum No. 5 Option Space”, and such option being hereinafter referred to as the “Addendum No. 5 Option Space Option”). The configuration of the Addendum No. 5 Option Space shall satisfy all applicable laws, have reasonable access to common areas and common facilities located on the 7th floor of the Building and be usable for general office purposes. The final configuration of the Addendum No. 5 Option Space shall be designated by Lessor. Lessor shall deliver the Addendum No. 5 Option Space separately demised from the remainder of the seventh (7th) floor with a demising wall constructed, but Lessor shall have no obligation to perform any further work with respect to the Addendum No. 5 Option Space or the delivery thereof. Such demising wall shall be constructed in a manner in compliance with applicable laws and consistent with Building standard finishes. Without limiting the generality of the effect of the foregoing, the corridor side of any such demising wall shall be consistent with Lessor’s Work. Subject to the foregoing, Lessee may exercise the Addendum No. 5 Option Space Expansion Option by giving written notice to Lessor no later than October 31, 2018 (“Lessee’s Addendum No. 5 Option Space Option Notice”). If Lessee delivers Lessee’s Addendum No. 5 Option Space Option Notice, Lessor shall deliver the Addendum No. 5 Option Space to Lessee not earlier than January 1, 2020, and not later than April 30October 31, 20222021. If Lessee delivers Lessee’s Addendum No. 5 Option Space Option Notice, then, on or before November 10, 2018, Lessor shall notify Lessee in writing (“Lessor’s Addendum No. 5 Option Space Notice”) of the configuration and rentable square footage of the Addendum No. 5 Option Space and the date Lessor will deliver the Addendum No. 5 Option Space to Lessee (“Addendum No. 5 Option Space Delivery Date”), all in accordance with the terms and conditions hereof. Lessee may not lease less than all of the Addendum No. 5 Option Space designated by Lessor.

Option Space. Lessee (A) Article 36 of the Lease is hereby amended by terminating the Option to lease the Lower Option Space and the Upper Option Space, each of which shall have be deleted from the option Option Space, and adding the Option to add lease the Additional Option Space as set forth herein. (B) Section 36.1, Section 36.2, Section 36.3, Section 36.4 and Section 36.5 of the Lease are hereby deleted in their entirety and the following clauses are hereby substituted thereof: Section 36.1. Subject to the Demised Premises an additional area terms of approximately 3,500 — 6,366 square feet this Section 36, Landlord shall not lease (as determined by Lessor and measured under BOMAor permit to be leased) to any party other than Tenant or Landlord's Affiliate all of rentable area the space on the seventh twenty-ninth (7th29th) floor of the Building described on Exhibit "E" attached hereto and made a part hereof (the "Additional Option Space") without, in either case, first instituting the procedure described in this Article 36. The Additional Option Space is currently being used by Landlord as its management office. Section 36.2. Landlord shall institute the procedure described in this Article 36 by giving notice thereof (the "Option Notice") to Tenant, which Option Notice shall (i) set forth Landlord's calculation of the number of square feet of Rentable Area contained in the Additional Option Space, and (ii) set forth the date that is contiguous Landlord reasonably expects the Additional Option Space to be vacant and available for Tenant's occupancy (such date designated by Landlord being referred to herein as the "Scheduled Option Space Commencement Date"). Section 36.3. Tenant shall have the option (the "Option") to lease all of the Additional Option Space for a term (the "Option Term") commencing on the Option Space Commencement Date and expiring on the Expiration Date by giving notice thereof (the "Response Notice") to Landlord not later than the thirtieth (30th) day after the date that Landlord gives the Option Notice to Tenant. Time shall be of the essence as to the Demised Premises date by which Tenant must give the Response Notice to Landlord to exercise the Option. If Tenant does not give the Response Notice to Landlord on or prior to the thirtieth (such space being identified as 30th) day after the “Addendum No. 5 date that Landlord gives the Option Space”Notice to Tenant, and such option being hereinafter referred then, subject to as Article 40 hereof, Landlord shall thereafter have the “Addendum No. 5 right to lease the Additional Option Space Option”). The configuration of (or any part thereof) to any other party on terms acceptable to Landlord in Landlord's sole discretion without being required to make any other offer to Tenant regarding the Addendum No. 5 Additional Option Space shall satisfy all applicable lawsunder this Article 36, have reasonable access to common areas and common facilities located on except that if Landlord does not lease the 7th floor of the Building and be usable for general office purposes. The final configuration of the Addendum No. 5 Additional Option Space (or any part thereof) to another party (which is not an Affiliate of Landlord) within two (2) years after the date that Landlord gives the applicable Option Notice to Tenant, then Landlord shall not thereafter lease (or permit to be designated by Lessor. Lessor shall deliver leased) the Addendum No. 5 Additional Option Space separately demised from to another party without first again complying with the remainder of procedure set forth in this Article 36. Tenant shall not have the seventh right to revoke a Response Notice given to Landlord pursuant to this Article 36. Section 36.4. Tenant shall not have the right to exercise the Option (7thand, accordingly (x) floor with a demising wall constructed, but Lessor Landlord shall have no obligation to perform give an Option Notice to Tenant, and (y) Landlord shall have the right to lease the Additional Option Space to any further work other party without first offering the Additional Option Space to Tenant as contemplated by this Article 36) if the Minimum Square Footage Requirement is not then satisfied. Tenant shall not have the right to exercise the Option if (x) Tenant has theretofore exercised the Renewal Option for the Partial Renewal Space (rather than the entire Premises), and (y) no portion of the Partial Renewal Space is located on the twenty-ninth (29th) floor of the Building and, accordingly, from and after the date that Tenant exercises the Renewal Option for such Partial Renewal Space, (I) Landlord shall have no obligation to give an Option Notice to Tenant, and (II) subject to Article 40 hereof, Landlord shall have the right to lease the Additional Option Space (or any portion thereof) to any other party without first offering the Additional Option Space to Tenant as contemplated by this Article 36. Tenant shall not have the right to exercise the Option from and after the Option Cutoff Date, and, accordingly, from and after the Option Cutoff Date, (I) Landlord shall have no obligation to give an Option Notice to Tenant with respect to the Addendum No. 5 Additional Option Space or Space, and (II) Landlord shall have the delivery thereof. Such demising wall shall be constructed in a manner in compliance with applicable laws and consistent with Building standard finishes. Without limiting right to lease the generality of the effect of the foregoing, the corridor side of any such demising wall shall be consistent with Lessor’s Work. Subject to the foregoing, Lessee may exercise the Addendum No. 5 Option Space Expansion Option by giving written notice to Lessor no later than October 31, 2018 (“Lessee’s Addendum No. 5 Option Space Option Notice”). If Lessee delivers Lessee’s Addendum No. 5 Option Space Option Notice, Lessor shall deliver the Addendum No. 5 Additional Option Space to Lessee not earlier than January 1, 2020, and not later than April 30, 2022. If Lessee delivers Lessee’s Addendum No. 5 Option Space Option Notice, then, on or before November 10, 2018, Lessor shall notify Lessee in writing (“Lessor’s Addendum No. 5 Option Space Notice”) of any other Person without first offering the configuration and rentable square footage of the Addendum No. 5 Option Space and the date Lessor will deliver the Addendum No. 5 Additional Option Space to Lessee Tenant as contemplated by this Article 36. The term "Option Cutoff Date" shall mean the date that is three (“Addendum No. 5 3) years before the Fixed Expiration Date, except that if Tenant exercises the Renewal Option, then the Option Space Delivery Date”), all in accordance with Cutoff Date shall be the terms and conditions hereof. Lessee may not lease less than all date that is three (3) years before the last day of the Addendum No. 5 Option Space designated by LessorRenewal Term.

Option Space. Lessee 57.1 Provided that there then exists no Event of Default by Tenant under the Lease nor any event that with the giving of notice and/or the passage of time would constitute a default, then Tenant shall have the option right of first offer (“Right of First Offer”) to add to lease the Demised Premises an additional area of approximately 3,500 — 6,366 square feet (as determined by Lessor and measured under BOMA) of rentable area on the seventh (7th) floor of premises in the Building that is contiguous to the Demised Premises (such space being identified shown on Schedule 2 as the “Addendum No. 5 Option Space” (the “Option Space”), and such option being hereinafter referred subject to the terms of this Paragraph 57. Tenant’s rights pursuant to this Paragraph 57 are subject to the rights of any other party to lease the Option Space as of the date of this Lease. 57.2 If the Option Space becomes available for lease to any third party (“Prospective Tenant”) other than the current tenant of the Option Space as of the date of this Lease, or an affiliate, assignee, subtenant or successor-in-interest to the current tenant of the Option Space as of the date of this Lease, at any time during the first five (5) Lease Years of the initial Term of this Lease, then Landlord shall provide Tenant with written notice of the availability of the Option Space (the “Addendum No. 5 Option Space OptionLandlord’s Notice”). The configuration Tenant shall have ten (10) days following Tenant's receipt of Landlord's Notice to respond in writing to Landlord to commit to lease the Option Space upon the terms and conditions set forth in this Paragraph 57.2. In the event Tenant timely responds in writing to Landlord and elects to lease the Option Space pursuant to the terms and conditions set forth in this Paragraph 57.2, an amendment to the Lease shall be prepared and executed by the parties incorporating the terms set forth in in this Paragraph 57.2 with respect to the Option Space. In the event Tenant fails to respond timely or elects not to lease the Option Space as herein provided, Landlord shall have the right to lease the Option Space to any Prospective Tenant on any terms and conditions at any time during the remainder of the Addendum NoTerm of this Lease. 5 The terms and conditions of Tenant’s lease of the Option Space shall satisfy all applicable laws, have reasonable access to common areas and common facilities located on if exercised during the 7th floor first five (5) Lease Years of the Building and initial Term of this Lease shall be usable for general office purposes. The final configuration as follows: (a) Expiration Date – the expiration date of Tenant’s lease of the Addendum No. 5 Option Space shall be designated by Lessor. Lessor shall deliver the Addendum No. 5 Option Space separately demised from the remainder Expiration Date of the seventh (7th) floor with a demising wall constructed, but Lessor shall have no obligation to perform any further work with respect to the Addendum No. 5 Option Space or the delivery thereof. Such demising wall shall be constructed this Lease as set forth in a manner in compliance with applicable laws and consistent with Building standard finishes. Without limiting the generality of the effect of the foregoing, the corridor side of any such demising wall shall be consistent with Lessor’s Work. Subject to the foregoing, Lessee may exercise the Addendum No. 5 Option Space Expansion Option by giving written notice to Lessor no later than October 31, 2018 (“Lessee’s Addendum No. 5 Option Space Option Notice”). If Lessee delivers Lessee’s Addendum No. 5 Option Space Option Notice, Lessor shall deliver the Addendum No. 5 Option Space to Lessee not earlier than January 1, 2020, and not later than April 30, 2022. If Lessee delivers Lessee’s Addendum No. 5 Option Space Option Notice, then, on or before November 10, 2018, Lessor shall notify Lessee in writing (“Lessor’s Addendum No. 5 Option Space Notice”) of the configuration and rentable square footage of the Addendum No. 5 Option Space and the date Lessor will deliver the Addendum No. 5 Option Space to Lessee (“Addendum No. 5 Option Space Delivery Date”), all in accordance with the terms and conditions hereof. Lessee may not lease less than all of the Addendum No. 5 Option Space designated by LessorParagraph 1.7.

Option Space. Lessee 29.01 Option Space In the event there has been no default by Tenant, Tenant shall have the option right to add to lease the Demised Premises an additional area of approximately 3,500 — 6,366 space ("Option Space") containing 1,461 square feet (as determined by Lessor and measured under BOMA) of rentable area feet, more or less, on the seventh twelfth (7th12) floor of the Building that as generally indicated on Exhibit 1, plus for calculation of Rent only, an additional 219 square feet of unallocated space in the Building, upon the terms and conditions set out in this Article 29.00, if (a) Tenant is contiguous not in default under this Lease at the time such option is exercised and at the time such option is to commence, and (b) Tenant delivers to Landlord not later than October 1, 1997 written notice exercising its right to lease the Demised Premises (such space being identified as the “Addendum No. 5 Option Space”. If Tenant fails to exercise its right to lease the Option Space, and such option being hereinafter referred Tenant shall have no further right to as lease the “Addendum NoOffer Space under this Article 29.00. 5 Option Space Option”). The configuration Terms A lease of space under this Article 29.00 shall contain the Addendum No. 5 Option Space following: (a) Annual Rent shall satisfy all applicable laws, have reasonable access be equal to common areas and common facilities located on $17,640.00 payable in monthly installments in accordance with the 7th floor Lease; (b) Occupancy Costs shall be determined in accordance with this Lease; (c) Commencement Date for the lease of the Building and be usable for general office purposes. The final configuration of the Addendum No. 5 Option Space shall be designated by Lessor. Lessor the later of August 1, 1998 or Fifteen (15) days notice from Landlord that the Offer Space is available. (d) Term shall end on the expiration or earlier termination of the Lease, subject to the same option to extend as the Lease; (e) Landlord will deliver the Addendum No. 5 Option Space separately demised from the remainder of the seventh (7th) floor with a demising wall constructed, but Lessor shall have no obligation to perform any further work with respect to the Addendum No. 5 Option Space or the delivery thereof. Such demising wall shall be constructed in a manner in compliance with applicable laws and consistent with Building standard finishes. Without limiting the generality of the effect of the foregoing, the corridor side of any such demising wall shall be consistent with Lessor’s Work. Subject to the foregoing, Lessee may exercise the Addendum No. 5 Option Space Expansion Option by giving written notice to Lessor no later than October 31, 2018 (“Lessee’s Addendum No. 5 Option Space Option Notice”). If Lessee delivers Lessee’s Addendum No. 5 Option Space Option Notice, Lessor shall deliver the Addendum No. 5 Option Space to Lessee not earlier than January 1, 2020, Tenant with the following work done at Landlord's expense: o Demolition and not later than April 30, 2022. If Lessee delivers Lessee’s Addendum No. 5 Option Space Option Notice, then, on or before November 10, 2018, Lessor shall notify Lessee in writing (“Lessor’s Addendum No. 5 Option Space Notice”) construction of the configuration and rentable square footage of the Addendum No. 5 Option Space and the date Lessor will deliver the Addendum No. 5 Option Space to Lessee (“Addendum No. 5 Option Space Delivery Date”), all interior walls in accordance with attached Exhibit 3. o Install new building standard carpet and wall covering throughout the Option Space. Carpet and wall covering are to be selected by Tenant from Landlord building standard selection. o Patch where needed due to demolition of interior walls. o Patch, as close as reasonably possible to existing, ceiling in areas where interior walls were removed. o Relocate existing door as shown on attached Exhibit 3. o Install one (1) light fixture as shown on attached Exhibit 3. (f) These other terms and conditions hereof. Lessee may not lease less than all of the Addendum No. 5 Option Space designated by Lessorshall be as set out in this lease.