Second Amendment Premises. (a) Landlord and Tenant hereby agree to add the Second Amendment Premises to the Premises in two (2) stages, with (i) the first stage consisting of the addition to the Premises, as of the Second Amendment Expansion Commencement Date A (as hereinafter defined), of that portion of the Second Amendment Premises consisting of approximately six thousand one hundred twenty-one (6,121) rentable square feet shown on Second Amendment Exhibit A attached hereto ("Second Amendment Premises A"), and (ii) the second stage consisting of the addition to the Premises, as of the Second Amendment Expansion Commencement Date B (as hereinafter defined), of that portion of the Second Amendment Premises consisting of approximately four thousand seven hundred eighty-seven (4,787) rentable square feet shown on Second Amendment Exhibit A attached hereto ("Second Amendment Premises B"). Landlord hereby leases to Tenant, and Tenant hereby rents from Landlord, the Second Amendment Premises upon the terms and conditions of this Second Amendment.
Second Amendment Premises. Commencing on the later to occur of (a) February 15, 2008 and (b) the date that Landlord delivers the Second Amendment Premises (as defined below) to Tenant with installation of a Building standard demising wall and suite entry substantially complete in the location shown on Exhibit A (“Landlord’s Commencement Work”) and otherwise broom clean and free of occupants (the “Second Amendment Commencement Date”), the Existing Premises shall be expanded to include that certain premises located on the sixth (6th) floor of the Building containing approximately 10,485 rentable square feet as depicted in Exhibit A attached hereto (the “Second Amendment Premises”). Accordingly, from and after the Second Amendment Commencement Date, (i) the Existing Premises shall be expanded to include the Second Amendment Premises, (ii) all references in the Existing Lease to the term “Premises” shall be deemed to include the Second Amendment Premises, (iii) except as otherwise set forth herein, all terms and provisions of the Existing Lease shall apply to the Second Amendment Premises, and (iv) the Existing Premises and the Second Amendment Premises shall collectively be referred to as the “Premises” and/or the “Combined Premises”. Landlord and Tenant acknowledge that the total rentable square feet of the Combined Premises is 27,203 square feet and shall not be subject to re-measurement.
Second Amendment Premises. Notwithstanding anything herein to the contrary, provided no Event of Default by Tenant occurs during such period, Base Rent for the Second Amendment Premises is hereby waived for the period from the Second Amendment Premises Commencement Date through the later to occur of (i) the date on which all of the Landlord’s Common Area Work is substantially completed (or such earlier date as Landlord’s Common Area Work would have been substantially completed but for any delay in Landlord’s Common Area Work caused by or arising as a result of Tenant’s activities in the Second Amendment Premises, including the performance of Tenant’s Work), and (ii) the date that is the earlier to occur of (x) the date that is one hundred twenty (120) days after the Second Amendment Commencement Date (provided that such 120 day period may be extended for up to an additional ninety (90) days to the extent that Tenant’s Work (as defined in Section 7 below) is not substantially complete as of the expiration of such 120 day period due to Force Majeure (as provided in Section 43 of the Existing Lease) or due to any delay caused by the performance of Landlord’s Common Area Work) or (y) the date that Tenant substantially completes Tenant’s Work (the “Second Amendment Rent Commencement Date”). From and after the Second Amendment Rent Commencement Date throughout the Second Amendment Premises Term, in addition to all other charges payable under the Lease, Tenant shall pay monthly Base Rent for the Second Amendment Premises in accordance with the terms of Section 3.1 of the Existing Lease, provided that the Base Rent for the Second Amendment Premises shall be as set forth below: Second Amendment Lease Year Monthly Base Rent Annual Base Rent Monthly Base Rent Per Rentable Square Foot 1st Second Amendment Lease Year $ 30,581.25 $ 366,975.00 $ 35.00 2nd Second Amendment Lease Year $ 31,498.69 $ 377,984.25 $ 36.05 3rd Second Amendment Lease Year $ 32,442.34 $ 389,308.05 $ 37.13 4th Second Amendment Lease Year $ 33,420.94 $ 401,051.25 $ 38.25 5th Second Amendment Lease Year $ 34,417.01 $ 413,004.15 $ 39.39 First four full calendar months of the 6th Second Amendment Lease Year $ 35,448.04 $ 425,376.45 $ 40.57
Second Amendment Premises. During the Second Amendment Premises Term, Tenant shall pay Tenant’s Share of Increased Operating Expenses and Tenant’s Share of Increased Real Estate Tax Expenses with respect to the Second Amendment Premises in accordance with the terms of the Existing Lease, provided that with respect to the Second Amendment Premises (a) the Base Year shall be calendar year 2008, and (b) Tenant’s Share of Increased Operating Expenses and Tenant’s Share of Increased Real Estate Tax Expenses for the Second Amendment Premises shall be 4.270%.
