Common use of Substitute Premises Clause in Contracts

Substitute Premises. Landlord shall have the right at any time during the Term hereof, upon giving Tenant not less than sixty (60) days prior notice, to provide and furnish Tenant with space elsewhere in the Project and remove and place Tenant in such space, provided that (a) space shall be of approximately the same size as the Premises with at least comparable improvements as existed in the Premises as of the Commencement Date; (b) Landlord shall pay all verified and reasonable costs and expenses incurred as a result of such movement to new space, including, without limitation, all reasonable out-of-pocket telephone and computer wiring expenses (not to exceed then-current supply) and re-hook up charges, reasonable out-of-pocket replacement costs for then-existing stationery and business cards (with address and Suite number references), not to exceed then-current supply, that would need to be replaced as a result of such relocation, and reasonable out-of-pocket moving company costs; (c) the relocation will take place on a weekend and/or after-hours, and shall be accomplished as quickly as reasonably practicable; and (d) Basic Rental and Tenant's Proportionate Share and all other amounts based upon the square footage of the Premises shall be based upon the square footage of such new space. If Landlord moves Tenant to such new space, this Lease and each and all of its terms, covenants and conditions shall remain in full force and effect and shall be deemed applicable to such new space and such new space shall thereafter be deemed to be the "Premises" as though Landlord and Tenant had entered into an express written amendment of this Lease with respect thereto.

Substitute Premises. With respect to the Ninth Floor Premises, Landlord shall have the right at any time during the Term hereofLease Term, upon giving Tenant not less than sixty (60) days prior written notice, to provide and furnish Tenant with space elsewhere in the Project Building (provided that such space shall be located on or above the ninth (9th) floor of the Building) of approximately the same size and containing the same tenant improvements (which tenant improvements shall be constructed by Landlord at Landlord’s sole cost and expense) as the Ninth Floor Premises and remove and place Tenant in such space, provided that (a) space shall be of approximately the same size as the Premises with at least comparable improvements as existed in the Premises as of the Commencement Date; (b) Landlord shall to pay all verified and reasonable previously approved costs and expenses incurred as a result of such movement to new spaceremoval of Tenant, including, without limitation, all reasonable out-of-pocket telephone and computer wiring expenses (not to exceed then-current supply) and re-hook up charges, reasonable out-of-pocket replacement costs for then-exclusive of the cost of replacing Tenant’s existing supply of stationery and business cards cards. Should Tenant refuse to permit Landlord to move Tenant to such new space at the end of said sixty (60) day period, Landlord shall have the right to cancel and terminate this Lease with address and Suite number references), not respect to exceed then-current supply, that would need to be replaced as a result of such relocation, and reasonable out-of-pocket moving company costs; (c) the relocation will take place on a weekend and/or after-hours, and shall be accomplished as quickly as reasonably practicable; and (d) Basic Rental Ninth Floor Premises and Tenant's Proportionate Share and all other amounts based upon ’s prospective obligations hereunder with respect to the square footage Ninth Floor Premises effective ninety (90) days after the date of the Premises shall be based upon the square footage Landlord’s original notification to Tenant of such new spaceits intent to relocate Tenant. If Landlord moves Tenant to such new space, this Lease and each and all of its terms, covenants and conditions shall remain in full force and effect and shall be deemed applicable to such new space and such new space shall thereafter be deemed to be the "“Substituted Ninth Floor Premises" ” as though Landlord and Tenant had entered into an express written amendment of this Lease with respect thereto.

Substitute Premises. Landlord shall have the right at any time during the Term hereofTenn, upon giving Tenant not less than sixty (60) days prior notice, to provide and furnish Tenant with space elsewhere in the Project (provided that in the event that the Project is a part of a multi-building development, such space may be located anywhere in such development) of approximately the same size as the Premises and remove and place Tenant in such space, provided that (a) space shall be of approximately the same size as the Premises with at least comparable improvements as existed in the Premises as of the Commencement Date; (b) Landlord shall to pay all verified and reasonable previously approved costs and expenses incurred as a result of such movement to such new space, including, including without limitation, all reasonable out-of-pocket telephone and computer wiring expenses (not to exceed then-current supply) and re-hook up charges, reasonable out-of-pocket replacement costs for then-existing stationery and business cards (with address and Suite number references), not to exceed then-current supply, that would need to be replaced as a result of such relocation, and reasonable out-of-pocket moving company costs; (ci) the relocation will take place on a weekend and/or after-hoursconstruction of any improvements in the substitute premises of at least equal quality as the Premises, (ii) installation of functionally equivalent cabling and shall be accomplished as quickly as reasonably practicablewiring in the substitute premises; and (diii) Basic Rental and reprinting of reasonable quantities of Tenant's Proportionate Share and all other amounts based upon ’s stationery with the square footage of the Premises shall be based upon the square footage of such new spaceaddress. If Landlord moves Tenant to such new space, this Lease and each and all of its terms, covenants and conditions shall remain in full force and effect and shall be deemed applicable to such new space and such new space shall thereafter be deemed to be the "“Premises" ” as though Landlord and Tenant had entered into an express written amendment of this Lease with respect thereto. Tenant shall surrender and vacate the then current Premises for which Landlord has exercised this right when required hereunder and in accordance with Section 29, and any failure to do so shall be subject to Section 5, time being of the essence. Notwithstanding the foregoing, Landlord shall not require Tenant to relocate pursuant to this Section 30R at any time prior to May 31, 2011.

Substitute Premises. At any time during the Term of this Lease, Landlord shall have the right at any time during to request in writing that Tenant move to substitute premises situated within the Term hereof, upon giving Tenant not less than sixty Building (60) days prior notice, to provide and furnish Tenant with space elsewhere in the Project and remove and place Tenant in such space, provided that (a) space "Substitute Premises"). The Substitute Premises shall be of approximately contain the same size approximate square footage, shall contain similar decor as the Premises with at least comparable improvements and shall provide the same fiber optic technical abilities as existed the Premises. Except for the change in designation of Premises, all provisions of this Lease shall remain the Premises as of the Commencement Date; (b) same. Landlord shall pay all verified the cost of relocating Tenant and its technical equipment, the reasonable costs and expenses incurred as a result cost of such movement to new space, including, without limitation, all reasonable out-of-pocket telephone and computer wiring expenses (not to exceed then-current supply) and re-hook up charges, reasonable out-of-pocket replacement costs for then-existing stationery and business cards (with address and Suite number references), not to exceed then-current supply, that would need to be replaced as a result of such relocationreprinting Tenant's stationery, and reasonable out-of-pocket moving company costs; all costs of preparing and decorating, the Substitute Premises. Tenant shall have thirty (c30) days from the date of Landlord's request to accept the Substitute Premises. If Tenant refuses to accept the Substitute Premises or fails to reply to Landlord's request within the time stated, or no Substitute Premises is available, either party may, at its option, terminate this Lease upon thirty (30) days written notice to the other party. If Tenant accepts the Substitute Premises, Tenant shall have four (4) months from the date of landlord's request, to relocate to the Substitute Premises. Landlord represents that such relocation will take place on be accomplished in a weekend and/or after-hours, manner that will result in Tenant having no interruption of the service it provides to its customers and any expenses incident to same shall be accomplished as quickly as reasonably practicable; and (d) Basic Rental and Tenant's Proportionate Share and all other amounts based upon the square footage of the Premises shall be based upon the square footage of such new space. If Landlord moves Tenant to such new space, this Lease and each and all of its terms, covenants and conditions shall remain in full force and effect and shall be deemed applicable to such new space and such new space shall thereafter be deemed to be the "Premises" as though Landlord and Tenant had entered into an express written amendment of this Lease with respect theretoborne by Landlord.

Substitute Premises. Landlord Effective as of the Substantial Completion of the Ninth Amendment Landlord’s Work (as both terms are hereinafter defined) (the “Relocation Date”), the Substitute Premises shall have the right at any time during the Term hereof, upon giving Tenant not less than sixty (60) days prior notice, be leased to provide and furnish Tenant with space elsewhere in the Project and remove and place Tenant in such spacesubstitution for the Relocation Premises. The Substitute Premises shall be subject to any and all the terms and conditions of the Lease. On or before the Relocation Date, Tenant shall surrender and yield up the Relocation Premises pursuant to all terms and conditions of the Lease and this Amendment, as applicable, and the Lease shall terminate in part with respect only to the Relocation Premises, and any and all monetary obligations under the Lease with respect to the Relocation Premises shall be paid by Tenant to Landlord through the Relocation Date in accordance with any and all terms and conditions of the Lease, subject to the terms and conditions contained herein. From and after the Relocation Date, provided that (a) space shall be of approximately Tenant has vacated the same size as Relocation Premises in accordance with the Premises with at least comparable improvements as existed in the Premises as terms contained herein and all terms and conditions of the Commencement Date; Lease, as applicable, then (b) Landlord shall pay all verified and reasonable costs and expenses incurred as a result of such movement to new space, including, without limitation, all reasonable out-of-pocket telephone and computer wiring expenses (not to exceed then-current supply) and re-hook up charges, reasonable out-of-pocket replacement costs for then-existing stationery and business cards (with address and Suite number references), not to exceed then-current supply, that would need to be replaced as a result of such relocation, and reasonable out-of-pocket moving company costs; (ci) the relocation will take place on a weekend and/or after-hours, and shall be accomplished as quickly as reasonably practicable; and (d) Basic Rental and Tenant's Proportionate Share and all other amounts based upon the rentable square footage of the Premises shall be based upon amended to mean approximately 253,090 rentable square feet (the square footage “Resulting Premises”) for all purposes under the Lease, including, without limitation, the calculation of such new space. If Landlord moves Tenant Operating Expenses Allocable to such new spacethe Premises and Landlord’s Tax Expenses Allocable to the Premises, this and (ii) the definition of Premises specified in the Lease and each and all of its terms, covenants and conditions shall remain references in full force and effect and the Lease to “Premises” shall be deemed applicable to such new space and such new space shall thereafter be deemed to be mean the "“Resulting Premises" as though Landlord and Tenant had entered into an express written amendment of this Lease with respect thereto”.

Substitute Premises. Landlord shall have the right at any time during the Term hereof, upon giving Tenant not less than sixty ninety (6090) days prior notice, to provide and furnish Tenant with space elsewhere in the Project and remove and place Tenant (provided that in the event that the Project is a part of a multi-building development, such space may be located anywhere in such space, provided that (adevelopment) space shall be of approximately the same size as the Premises and remove and place Tenant in such space (“Substitute Premises”), with at least comparable improvements as existed in the Premises as of the Commencement Date; (b) Landlord shall to pay all verified and reasonable previously approved costs and expenses incurred as a result of such movement to such new space, including, without limitation, all reasonable out-of-pocket telephone and computer wiring expenses (not to exceed then-current supply) and re-hook up charges, reasonable out-of-pocket replacement costs for then-existing stationery and business cards (with address and Suite number references), not to exceed then-current supply, that would need to be replaced as a result of such relocation, and reasonable out-of-pocket moving company costs; (ci) the relocation will take place on a weekend and/or after-hoursconstruction of any improvements in the substitute premises of at least equal quality as the Premises, (ii) installation of functionally equivalent cabling and shall be accomplished as quickly as reasonably practicablewiring in the substitute premises; and (diii) Basic Rental and reprinting of reasonable quantities of Tenant's Proportionate Share and all other amounts based upon ’s stationery with the square footage of the Premises shall be based upon the square footage of such new spaceaddress. If Landlord moves Tenant to such new space, this Lease and each and all of its terms, covenants and conditions shall remain in full force and effect and shall be deemed applicable to such new space and such new space shall thereafter be deemed to be the "“Premises" ” as though Landlord and Tenant had entered into an express written amendment of this Lease with respect thereto. Tenant shall surrender and vacate the then current Premises for which Landlord has exercised this right when required hereunder and in accordance with Section 29, and any failure to do so shall be subject to Section 5, time being of the essence. In the event the Substitute Premises contain more rentable square feet than the existing Premises, Tenant’s Monthly Basic Rental obligation shall not increase during the then-existing Term; provided however, in the event the Substitute Premises contain fewer rentable square feet than the existing Premises, Tenant’s Monthly Basic Rental shall be calculated on a per rentable square foot basis based on the square footage of the Substitute Premises.