Common use of Second Expansion Space Clause in Contracts

Second Expansion Space. Subject to the occurrence of a Force Majeure Delay or a Tenant Delay (both hereinafter defined), Landlord agrees to substantially complete the construction of the Second Expansion Space Finish Work by May 1, 1998 (the "Second Expansion Space Estimated Commencement Date"). In the event of a Force Majeure Delay or a Tenant Delay, the Second Expansion Space Estimated Commencement Date shall be extended one (1) day for every day of such delay. If Landlord is delayed in completing such construction by May 1, 1998, for any reason other than a Force Majeure Delay or a Tenant Delay, then (i) Tenant's obligation to pay rent under the Lease for that portion of the Second Expansion Space which is untenable shall be abated until ten (10) days after substantial completion of the Second Expansion Space Finish Work, and (ii) Tenant shall be entitled to an additional rental abatement, which shall be applied towards the rent payable for the Initial Space and the First Expansion Space, in an amount equal to the difference between (a) the base rental (at the holdover rates) payable by Tenant for the portion of Tenant's existing premises which Tenant intends to vacate in order to occupy the Second Expansion Space, and (b) the Basic Rental which would be payable by Tenant under this Lease for the Second Expansion Space for each day of such delay prior to the date of substantial completion of the Second Expansion Space Finish Work. The foregoing rental abatements shall constitute full settlement of all claims that Tenant may have against Landlord based on such a delay. Notwithstanding the foregoing, if Landlord is delayed in completing such construction by May 1, 1998, due to the occurrence of a Force Majeure Delay, then the delay in commencement of Tenant's obligation to pay rent under the Lease for that portion of the Second Expansion Space which is untenable until ten (10) days after substantial completion of the Second Expansion Space Finish Work shall constitute full settlement of all claims that Tenant may have against Landlord based on such a delay. Furthermore, if Landlord is unable to complete the Second Expansion Space Finish Work by May 1, 1998, due to a Tenant Delay or due to any other cause related to the acts, neglects, failures or omissions of Tenant, Tenant's servants, employees, agents or

Second Expansion Space. Subject The first paragraph of Section 3(B) of The Special Stipulations to the occurrence Lease is deleted in its entirety: “Tenant shall have the right to expand into additional space in the Building adjacent to the then existing Leased Premises and consisting of a Force Majeure Delay not less than 90,000 square feet and not more than 120,000 square feet (the “Second Expansion Space”) upon delivery of Tenant’s Notice to Landlord. Tenant’s Notice to expand into the Second Expansion Space shall be delivered to Landlord on or a Tenant Delay (both hereinafter defined)before July 1, Landlord agrees to substantially complete 2012 and shall specify the construction effective date of Tenant’s intended occupancy of the Second Expansion Space Finish Work by May (the “Second Expansion Occupancy Date”). The Second Expansion Occupancy Date shall be no earlier than January 1, 1998 2013 and no later than March 1, 2014.” And replaced with the following: “Tenant shall have the right to expand into additional space in the Building adjacent to the then existing Leased Premises and consisting of not less than 90,000 square feet and not more than 145,965 square feet (the "“Second Expansion Space Estimated Commencement Date")Space”) upon delivery of Tenant’s Notice to Landlord. In the event of a Force Majeure Delay or a Tenant Delay, Tenant’s Notice to expand into the Second Expansion Space Estimated Commencement Date shall be extended one (1) day for every day of such delay. If delivered to Landlord is delayed in completing such construction by on or before May 1, 1998, for any reason other than a Force Majeure Delay or a Tenant Delay, then (i) 2015 and shall specify the effective date of Tenant's obligation to pay rent under the Lease for that portion ’s intended occupancy of the Second Expansion Space which is untenable (the “Second Expansion Occupancy Date”). The Second Expansion Occupancy Date shall be abated until ten (10no earlier than November 1, 2015 and no later than January 1, 2017. Section 3(B) days after substantial completion is further amended by inserting the following as the last paragraph of Section 3(B): “In the event Tenant needs additional space anytime between January 1, 2013 and November 1, 2015 and the Second Expansion Space Finish Workis not then available for lease by Tenant, and (ii) Tenant shall be entitled give Landlord notice of its desire to an additional rental abatement, which lease up to 120,000 square feet and shall be applied towards specify the rent payable effective date of Tenant’s occupancy (the “Temporary Expansion Date”). Landlord shall use commercially reasonable efforts to make available to Tenant up to 120,000 square feet of storage space owned by Landlord in the Building or in another building owned by Landlord for the Initial Space and period from the First Temporary Expansion Space, in an amount equal to the difference between (a) the base rental (at the holdover rates) payable by Tenant for the portion of Tenant's existing premises which Tenant intends to vacate in order to occupy the Second Expansion Space, and (b) the Basic Rental which would be payable by Tenant under this Lease for the Second Expansion Space for each day of such delay prior to the date of substantial completion of the Second Expansion Space Finish Work. The foregoing rental abatements shall constitute full settlement of all claims that Tenant may have against Landlord based on such a delay. Notwithstanding the foregoing, if Landlord is delayed in completing such construction by May Date through November 1, 19982015. In the event that Landlord does not have any space available in the Building or in another building owned by Landlord for such period of time when Tenant needs such space, due Landlord shall cooperate to the occurrence represent Tenant to locate a space of similar size in a Force Majeure Delay, then the delay in commencement of Tenant's obligation to pay rent under the Lease for that portion of the Second Expansion Space which is untenable until ten (10) days after substantial completion of the Second Expansion Space Finish Work shall constitute full settlement of all claims that Tenant may have against Landlord based on such a delay. Furthermore, if Landlord is unable to complete the Second Expansion Space Finish Work building not owned by May 1, 1998, due to a Tenant Delay or due to any other cause related to the acts, neglects, failures or omissions of Tenant, Tenant's servants, employees, agents orLandlord.”

Second Expansion Space. Subject In addition to the occurrence of a Force Majeure Delay or a First Expansion Space, Tenant Delay (both hereinafter defined)shall have the option, upon giving Landlord agrees to substantially complete the construction of the Second Expansion Space Finish Work by May 1, 1998 written notice (the "Second Expansion Space Estimated Exercise Notice") no later than the last day of the fifty-seventh (57th) month of the Lease Term, to lease between 8,000 - 12,000 rentable square feet of space contiguous with the Leased Premises (the “Second Expansion Space”) for the balance of the Lease Term (or exercised renewal option term, as applicable). The Second Expansion Space of between 8,000 – 12,000 rentable square feet shall be designated in writing by Landlord to Tenant within eighteen (18) months after the Rent Commencement Date"). In The Second Expansion Space shall be in a configuration which is reasonably acceptable to Tenant and shall encompass (at least in part) a portion of the event space on the floor along the Route 355 side of a Force Majeure Delay or a Tenant Delay, the Building. Landlord shall cause the Second Expansion Space Estimated Commencement Date shall be extended one to become available for lease by Tenant during the sixth (16th) day for every day of such delay. If Lease Year [i. e., notwithstanding anything herein to the contrary Landlord is delayed in completing such construction by May 1, 1998, for will not sign a lease or lease amendment with any reason tenants (other than a Force Majeure Delay Tenant) that would permit such tenant or a Tenant Delay, then (i) Tenant's obligation tenants to pay rent under the Lease for that remain in occupancy of any portion of the Second Expansion Space which is untenable after the last day of the sixth (6th) Lease Year if Tenant exercises its option to lease the Second Expansion Space]. Within five (5) Business Days after Landlord receives the Second Expansion Space Exercise Notice, Landlord shall be abated until ten (10) days after substantial completion advise Tenant in writing of the projected date for delivery to Tenant of the Second Expansion Space Finish Work(the “Planned Second Expansion Space Delivery Date”), which Planned Second Expansion Space Delivery Date shall occur during the 6th Lease Year. Landlord acknowledges and agrees that while Landlord may execute and deliver leases with third parties for all or a portion of the Second Expansion Space (1) any such third party lease must contain a cancellation clause permitting Landlord to terminate any such third party lease or relocate any such third party tenant if Tenant exercises its option to lease the Second Expansion Space and (ii2) if Tenant shall be entitled exercises its option to an additional rental abatement, which shall be applied towards lease the rent payable for the Initial Space and the First Second Expansion Space, Landlord will exercise the termination or relocation clause in any such third party lease. Landlord shall provide Tenant with copies of any leases entered into by Landlord with respect to any portion of space that could become the Second Expansion Space (provided the provisions of any such lease other than those setting forth the relocation and termination provisions with respect to the space that could become the Second Expansion Space may be redacted). Landlord shall deliver the Second Expansion Space to Tenant in broom clean condition with the prior occupant’s property having been removed there from but otherwise in its then current as-is, where-is condition. Landlord will endeavor (using all reasonable means) to deliver the Second Expansion Space to Tenant on the Planned Second Expansion Space Delivery Date [and, in the event any tenant in occupancy holds over, Landlord will take the necessary legal action to cause the tenant (or tenants) to vacate the Second Expansion Space]. In the event Landlord fails to deliver the Second Expansion Space to Tenant by the date which is sixty (60) days after the Planned Second Expansion Space Delivery Date (the "Outside Second Expansion Space Planned Delivery Date"), Minimum Annual Rent and any other rental obligations with respect to the Second Expansion Space shall be abated one day for each day after the Outside Second Expansion Space Planned Delivery Date that the Second Expansion Space has not been delivered to Tenant. Landlord will provide a per square foot allowance for tenant improvements in the Second Expansion Space in an amount equal to the difference between product of (aX) $.5625 multiplied by (Y) the base rental number of months between the month Landlord delivers vacant possession of the Second Expansion Space to Tenant in the condition required by the terms of this Lease and the Expiration Date of the initial Lease Term (at the holdover rates) payable by Tenant “Second Expansion Space Improvement Allowance”). The Second Expansion Space Improvement Allowance may be used for tenant improvements in the portion of Tenant's existing premises which Tenant intends to vacate in order to occupy entire Leased Premises (including the Second Expansion Space, ) and must be drawn against (band shall be disbursed) in the Basic Rental which would be same manner and with the same procedures that the initial Construction Allowance is payable by Tenant under this Lease and disbursed hereunder pursuant to the terms of Exhibit B-3. The per square foot Minimum Annual Rent for the Second Expansion Space shall be 100% of the then current Fair Market Rental (as hereinafter defined) for each day of such delay prior office space in Comparable Buildings in the Market Area (with consideration given to the date of substantial completion proximity to Metro) as determined by mutual agreement between Landlord and Tenant and based on the criteria set forth below with respect to annual adjustments in Minimum Annual Rent and the Basic Operating Charge Amount and Base Year [or if Landlord and Tenant are unable to agree upon the Fair Market Rental within thirty (30) days after delivery of the Second Expansion Space Finish WorkExercise Notice then Tenant, at its option, may either (i) rescind the Second Expansion Space Exercise Notice or (ii) agree to submit the determination of the Fair Market Rental to arbitration in accordance with the terms of Exhibit E and be bound by the results thereof and based on the criteria set forth below with respect to annual adjustments in Minimum Annual Rent and the Base Year. The foregoing rental abatements shall constitute full settlement of all claims that Tenant may have against Landlord based on such a delay. Notwithstanding the foregoing, if Landlord is delayed in completing such construction by May 1, 1998, due to the occurrence of a Force Majeure Delay, then the delay in commencement of Tenant's obligation to pay rent under the Lease for that portion leasing of the Second Expansion Space shall include an annual adjustment to the Minimum Annual Rent in the same percentage and occur on the same date as the adjustment for the Minimum Annual Rent for the initial Leased Premises (provided that if the Second Expansion Space Rent Commencement Date is less than six (6) months from the commencement of the next Lease Year (the “Upcoming Lease Year”), Minimum Annual Rent with respect to the Second Expansion Space shall not be increased until the commencement of this Lease Year which is untenable until ten begins after the end of the Upcoming Lease Year. In addition, the Base Year for the Second Expansion Space shall be equal to the Basic Operating Charges for first twelve (1012) months after the Second Expansion Space Rent Commencement Date. Tenant’s obligation to pay Basic Monthly Rent and Additional Rent for the Second Expansion Space shall begin on the date one hundred twenty (120) days after substantial completion Landlord delivers vacant possession of the Second Expansion Space Finish Work shall constitute full settlement to Tenant in broom clean condition with the prior occupant’s property having been removed there from (the “Second Expansion Space Rent Commencement Date”). In connection with the leasing of all claims that Tenant may have against Landlord based on such a delay. Furthermore, if Landlord is unable to complete the Second Expansion Space Finish Work by May 1, 1998, due Tenant shall have the option but not the obligation to a Tenant Delay or due to any lease additional parking spaces at the ratio set forth in Section 14(d) hereof at the then current parking charge. All other cause related terms and conditions of this Lease shall apply to the actsSecond Expansion Space. At such time as Landlord and Tenant shall have agreed upon the terms with respect to the leasing of the Second Expansion Space (including if pursuant to Exhibit E), neglects, failures or omissions Landlord shall promptly prepare and deliver a lease amendment which sets forth the size and location of Tenant, Tenant's servants, employees, agents orthe Second Expansion Space and memorializes the terms pursuant to which Tenant will lease the Second Expansion Space from Landlord.

Second Expansion Space. Subject to Commencing on the occurrence of a Force Majeure Delay or a Tenant Delay Second Expansion Space Commencement Date (both hereinafter definedas defined below), Landlord hereby agrees to substantially complete lease to Tenant and Tenant hereby agrees to lease from Landlord the construction portion of the second floor of the Building shown on Exhibit A to this Amendment containing 31,140 rentable square feet (the “Second Expansion Space”). The Second Expansion Space shall be added to and leased by Tenant as part of the Premises under the Lease on all of the terms set forth therein, except as otherwise provided in this Amendment, and except as otherwise expressly set forth herein all references to the Premises in the Lease shall hereafter mean the Original Premises plus the Second Expansion Space, which together consist of 146,629 rentable square feet in the aggregate. The “Second Expansion Space Commencement Date” shall be the date on which Landlord delivers the Second Expansion Premises to Tenant broom clean, free of all occupants and personal property, and otherwise in the condition existing as of the date hereof, reasonable wear and tear excepted. The Second Expansion Space Commencement Date is expected to occur on June 1, 2014 (the “Estimated SES Commencement Date”) and is subject to the right of Landlord, to be exercised not more than three (3) times, to extend the same, but in no event to a date no later than June 1, 2015 by at least fifteen (15) days’ prior written notice to Tenant on each occasion (as it may be extended, the “Outside SES Commencement Date”). If the Landlord is unable to deliver the Second Expansion Space to Tenant on the Estimated SES Commencement Date, as it may be extended, for any reason, including without limitation due to the holding over of Xxxxxxxxx in the Second Expansion Space, then the Second Expansion Space Commencement Date shall, by definition, be delayed, and Landlord shall not be deemed to be in default hereunder. Tenant’s sole remedy for Landlord’s failure to deliver the Second Expansion Space on the Estimated SES Commencement Date shall be a delay in the occurrence of the Second Expansion Space Finish Work by May 1, 1998 (the "Second Expansion Space Estimated Commencement Date"). In ; provided, however, that if the event of a Force Majeure Delay or a Tenant Delay, Landlord is unable to deliver the Second Expansion Space Estimated to Tenant on or before the Outside SES Commencement Date shall be extended one Date, (1) day for every day of such delay. If Landlord is delayed in completing such construction by May 1, 1998, for any reason other than a Force Majeure Delay or a Tenant Delay, then (i) Tenant's obligation to pay rent under the Lease for that portion of the Second Expansion Space which is untenable shall be abated until ten (10) days after substantial completion of the Second Expansion Space Finish Work, and (iix) Tenant shall be entitled have the one-time option to an additional rental abatementterminate this Amendment by written notice to Landlord given within forty-five (45) days of the Outside SES Commencement Date, which time being of the essence, and upon such notice this Amendment shall be applied towards null and void and of no further effect between the rent payable for the Initial Space parties and the First Expansion SpaceLease shall be read an construed as if this Amendment never existed and neither party shall have any rights, remedies, or obligations in an amount equal connection with or arising out of this Amendment or the subject matter hereof except as provided in Sections 10 and 16 below and (y) if Tenant does not exercise its right to terminate this Lease pursuant to the difference between preceding clause (ax), then Landlord shall thereafter have the one-time option to terminate this Amendment by written notice to Tenant given within the next following fifteen (15) day period, time being of the base rental (at the holdover rates) payable by Tenant for the portion of Tenant's existing premises which Tenant intends to vacate in order to occupy the Second Expansion Spaceessence, and (b) upon such notice this Amendment shall be null and void and of no further effect between the Basic Rental which would be payable by Tenant under this Lease for the Second Expansion Space for each day of such delay prior to the date of substantial completion of the Second Expansion Space Finish Work. The foregoing rental abatements shall constitute full settlement of all claims that Tenant may have against Landlord based on such a delay. Notwithstanding the foregoing, if Landlord is delayed in completing such construction by May 1, 1998, due to the occurrence of a Force Majeure Delay, then the delay in commencement of Tenant's obligation to pay rent under parties and the Lease for that portion shall be read an construed as if this Amendment never existed and neither party shall have any rights, remedies, or obligations in connection with or arising out of this Amendment or the Second Expansion Space which is untenable until ten (10) days after substantial completion of the Second Expansion Space Finish Work shall constitute full settlement of all claims that Tenant may have against Landlord based on such a delay. Furthermore, if Landlord is unable to complete the Second Expansion Space Finish Work by May 1, 1998, due to a Tenant Delay or due to any other cause related to the acts, neglects, failures or omissions of Tenant, Tenant's servants, employees, agents orsubject matter hereof except as provided in Sections 10 and 16 below and.

Second Expansion Space. Subject to Commencing on the occurrence of a Force Majeure Delay or a Tenant Delay Second Expansion Space Commencement Date (both hereinafter definedas defined below), Landlord hereby agrees to substantially complete lease to Tenant and Tenant hereby agrees to lease from Landlord the construction portion of the second floor of the Building shown on Exhibit A to this Amendment containing 31,140 rentable square feet (the “Second Expansion Space”). The Second Expansion Space shall be added to and leased by Xxxxxx as part of the Premises under the Lease on all of the terms set forth therein, except as otherwise provided in this Amendment, and except as otherwise expressly set forth herein all references to the Premises in the Lease shall hereafter mean the Original Premises plus the Second Expansion Space, which together consist of 146,629 rentable square feet in the aggregate. The “Second Expansion Space Commencement Date” shall be the date on which Landlord delivers the Second Expansion Premises to Tenant broom clean, free of all occupants and personal property, and otherwise in the condition existing as of the date hereof, reasonable wear and tear excepted. The Second Expansion Space Commencement Date is expected to occur on June 1, 2014 (the “Estimated SES Commencement Date”) and is subject to the right of Landlord, to be exercised not more than three (3) times, to extend the same, but in no event to a date no later than June 1, 2015 by at least fifteen (15) days’ prior written notice to Tenant on each occasion (as it may be extended, the “Outside SES Commencement Date”). If the Landlord is unable to deliver the Second Expansion Space to Tenant on the Estimated SES Commencement Date, as it may be extended, for any reason, including without limitation due to the holding over of Xxxxxxxxx in the Second Expansion Space, then the Second Expansion Space Commencement Date shall, by definition, be delayed, and Landlord shall not be deemed to be in default hereunder. Tenant’s sole remedy for Landlord’s failure to deliver the Second Expansion Space on the Estimated SES Commencement Date shall be a delay in the occurrence of the Second Expansion Space Finish Work by May 1, 1998 (the "Second Expansion Space Estimated Commencement Date"). In ; provided, however, that if the event of a Force Majeure Delay or a Tenant Delay, Landlord is unable to deliver the Second Expansion Space Estimated to Tenant on or before the Outside SES Commencement Date shall be extended one Date, (1) day for every day of such delay. If Landlord is delayed in completing such construction by May 1, 1998, for any reason other than a Force Majeure Delay or a Tenant Delay, then (i) Tenant's obligation to pay rent under the Lease for that portion of the Second Expansion Space which is untenable shall be abated until ten (10) days after substantial completion of the Second Expansion Space Finish Work, and (iix) Tenant shall be entitled have the one-time option to an additional rental abatementterminate this Amendment by written notice to Landlord given within forty-five (45) days of the Outside SES Commencement Date, which time being of the essence, and upon such notice this Amendment shall be applied towards null and void and of no further effect between the rent payable for the Initial Space parties and the First Expansion SpaceLease shall be read an construed as if this Amendment never existed and neither party shall have any rights, remedies, or obligations in an amount equal connection with or arising out of this Amendment or the subject matter hereof except as provided in Sections 10 and 16 below and (y) if Tenant does not exercise its right to terminate this Lease pursuant to the difference between preceding clause (ax), then Landlord shall thereafter have the one-time option to terminate this Amendment by written notice to Tenant given within the next following fifteen (15) day period, time being of the base rental (at the holdover rates) payable by Tenant for the portion of Tenant's existing premises which Tenant intends to vacate in order to occupy the Second Expansion Spaceessence, and (b) upon such notice this Amendment shall be null and void and of no further effect between the Basic Rental which would be payable by Tenant under this Lease for the Second Expansion Space for each day of such delay prior to the date of substantial completion of the Second Expansion Space Finish Work. The foregoing rental abatements shall constitute full settlement of all claims that Tenant may have against Landlord based on such a delay. Notwithstanding the foregoing, if Landlord is delayed in completing such construction by May 1, 1998, due to the occurrence of a Force Majeure Delay, then the delay in commencement of Tenant's obligation to pay rent under parties and the Lease for that portion shall be read an construed as if this Amendment never existed and neither party shall have any rights, remedies, or obligations in connection with or arising out of this Amendment or the Second Expansion Space which is untenable until ten (10) days after substantial completion of the Second Expansion Space Finish Work shall constitute full settlement of all claims that Tenant may have against Landlord based on such a delay. Furthermore, if Landlord is unable to complete the Second Expansion Space Finish Work by May 1, 1998, due to a Tenant Delay or due to any other cause related to the acts, neglects, failures or omissions of Tenant, Tenant's servants, employees, agents orsubject matter hereof except as provided in Sections 10 and 16 below and.