Common use of Swing Space Clause in Contracts

Swing Space. Landlord will use diligent efforts (which efforts shall be subject to space availability), to provide Tenant with approximately two (2) full floors of short-term “Swing Space” on the second (2nd) and fifth (5th) floors in the building at 000 Xxxxxxxxx Xxxxxx (the “Xxxxxxxxx Building”) where Tenant may move certain of its employees prior to Substantial Completion of the Tenant Improvements. If such Swing Space is available and Tenant desires to lease the same, the term of the lease of such Swing Space shall commence upon delivery of the Swing Space to Tenant (the “Swing Space Commencement Date”) and continue through and including the earlier of (x) the date Tenant vacates the Swing Space and (y) the date that is sixty (60) days after the date the Tenant Improvements are Substantially Completed, except that, if the Tenant Improvements are not Substantially Completed by the date nine (9) months following the Commencement Date (for any reason other than delays caused by Landlord), then, at the end of such nine (9) month period, the term of the lease of the Swing Space shall convert to a month-to-month lease which may be terminated by either party upon not less than thirty (30) days prior written notice to the other party of such termination. If Tenant leases the Swing Space, the rent for the Swing Space shall (i) for the initial nine (9) months following the Swing Space Commencement Date, be equal to the Operating Expenses (which, for purposes of the Swing Space, shall include the cost of providing electricity to the Swing Space, as reasonably determined by Landlord) and Tax Expenses applicable to the Swing Space (calculated by dividing the rentable square footage of the Swing Space by the total rentable square footage of the Xxxxxxxxx Building, as reasonably calculated by Landlord, and without application of any base year amounts) and (ii) for the period of occupancy beyond the initial nine (9) months following the Swing Space Commencement Date, the sum of Twenty Four Dollars ($24.00) per rentable square foot per annum. During the term of Tenant’s lease of the Swing Space, all of the provisions of this Lease shall apply to Tenant’s occupancy of the Swing Space, but excluding any provisions which, by their nature, are not applicable to the Swing Space in the Xxxxxxxxx Building, including, without limitation, the provisions regarding expansion options, rights of first refusal and renewal options. If Tenant leases any Swing Space, Landlord and Tenant shall execute a written instrument documenting Tenant’s lease of the subject Swing Space pursuant to this Paragraph 4.g.

Swing Space. Landlord will use diligent efforts (which efforts shall be subject to space availability)For the period commencing on January 1, to provide Tenant with approximately two (2) full floors of short-term “Swing Space” 2015 and ending on the second earlier of (2nda) and fifth (5th) floors in the building at 000 Xxxxxxxxx Xxxxxx (the “Xxxxxxxxx Building”) where Tenant may move certain of its employees prior to Substantial Completion of the Tenant Improvements. If such Swing Space is available and Tenant desires to lease the sameImprovements described below, the term of the lease of such Swing Space shall commence upon delivery of the Swing Space to Tenant or (b) December 31, 2016 (the “Swing Space Commencement DateTerm”) and continue through and including the earlier of (x) the date Tenant vacates the Swing Space and (y) the date that is sixty (60) days after the date the Tenant Improvements are Substantially Completed, except that, if the Tenant Improvements are not Substantially Completed by the date nine (9) months following the Commencement Date (for any reason other than delays caused by Landlord), then, at Lessee shall have a license to use and occupy for its permitted uses the end following areas in the Building containing a total of such nine approximately 40,602 RSF of space (9) month periodcollectively, the term “Swing Space”): 14,464 RSF located on the 8th Floor of the lease Building (the “8th Floor Swing Space”); 4,884 RSF on the 14th Floor of the Building (the “14th Floor Swing Space”); and 21,254 RSF on the 38th Floor of the Building (the “38th Floor Swing Space”). Diagrams of each floor of the Building HomeStreet Bank / USLLC Twenty-First Amendment to Lease on which portions of the Swing Space shall convert to a month-to-month lease which may be terminated by either party upon not less than thirty are located are attached hereto as Exhibit “A-2”. The parties acknowledge that (30i) days prior written notice to the other party Date of such termination. If Tenant leases the Swing Spacethis Amendment, the rent for 8th Floor Swing Space was formerly part of the Leased Premises, and that on the first day of the Swing Space Term, such portion shall be automatically deemed surrendered by Lessee to Lessor and shall no longer be considered part of the Leased Premises, but Lessee may continue to occupy and use same as Swing Space pursuant to this Section; and (iii) for the initial nine (9) months following 14th Floor Swing Space shall be considered a part of the Leased Premises during the Swing Space Commencement DateTerm, provided that Lessee shall not be equal required to pay Rent on such portion until after the Operating Expenses (which, for purposes Swing Space Term expires. Lessor shall deliver exclusive possession of the 38th Floor Swing SpaceSpace to Lessee on or before January 1, 2015. During the Swing Space Term, Lessee shall include comply with all of the cost terms and provisions of providing electricity this Lease except for those provisions requiring the payment of Rent, utility charges, taxes, or other operating costs as to the Swing Space. The license set forth in this Section is personal to and may be exercised only by the Lessee named herein and shall not be assigned or otherwise transferred, as reasonably determined by Landlord) and Tax Expenses applicable to the Swing Space (calculated by dividing the rentable square footage voluntarily or involuntarily to, or exercised by, any person other than such Lessee. Use of the Swing Space by the total rentable square footage of the Xxxxxxxxx Building, Lessee shall be on an as reasonably calculated by Landlordis basis, and without application of Lessor shall have no obligation to repair or to make any base year amounts) and (ii) for the period of occupancy beyond the initial nine (9) months following the Swing Space Commencement Date, the sum of Twenty Four Dollars ($24.00) per rentable square foot per annum. During the term of Tenant’s lease of the Swing Space, all of the provisions of this Lease shall apply to Tenant’s occupancy of the Swing Space, but excluding any provisions which, by their nature, are not applicable improvements or alterations to the Swing Space in or to provide any construction or refurbishing allowance whatsoever. Lessee shall vacate and surrender the Xxxxxxxxx Building, including, without limitation, Swing Space to Lessor on or prior to the provisions regarding expansion options, rights of first refusal and renewal options. If Tenant leases any Swing Space, Landlord and Tenant shall execute a written instrument documenting Tenant’s lease end of the subject Swing Space pursuant Term in a similar condition to this Paragraph 4.gthat upon delivery, broom clean, normal wear and tear and condemnation and casualty damage not caused by Lessee excepted, and free of Lessee’s personal property, furniture, cables, fixtures, and equipment.

Swing Space. Landlord will use diligent efforts 19.1. Notwithstanding any provision of this Lease to the contrary (which efforts shall be subject to space availabilityincluding the change in the definition of Premises taking effect from and after December 1, 2008 as described in Section 1.1(e)), Landlord shall allow Tenant to provide Tenant with approximately two retain possession beyond November 30, 2008 of the portion of the Initial Premises consisting of floors 7, 8, 9, 10, 18, and 19 in the 00 Xxxxx Xxxxxx Xxxxxxxx and floors 7, 8, 9, and 10 in the 00 Xxxxx Xxxxxx Xxxxxxxx (2) full floors of short-term collectively, the “Swing Space” ”), on a monthly basis for a period to expire on the second dates set forth in Exhibit E (2ndeach such date, a “Swing Space Return Date”), but in no event later than January 31, 2010, time being of the essence; provided, that (a) and fifth (5th) floors for each day beyond the date set forth in the building at 000 Xxxxxxxxx Xxxxxx (the “Xxxxxxxxx Building”) where Tenant may move certain of its employees prior to Exhibit E for Substantial Completion of any particular floor of any of the Tenant Improvements. If such Swing Space is available and Tenant desires to lease the same00 Xxxxx Xxxxxx Xxxxxxxx, the term 00 Xxxxx Xxxxxx Xxxxxxxx, or the 00 Xxxxx Xxxxxx Xxxxxxxx that Landlord is delayed in achieving Substantial Completion of the lease of Landlord’s Work with respect to such Swing Space shall commence upon delivery of floor, and such delay is not caused by Tenant Delay, the Swing Space Return Date (with respect to Tenant (the “an amount of Swing Space Commencement equivalent to the delayed floor) shall be extended for one day and (b) in the event Tenant fails to vacate any particular Swing Space floor on or prior to the Swing Space Return Date”, Tenant shall be obligated to pay to Landlord Base Rent and Additional Rent under Section 4.2 of this Lease (along with all Swing Space Additional Charges, without duplication of the Additional Rent payable by Tenant as aforesaid) and continue for the Swing Space floor that is not returned in its entirety to Landlord for each day beyond the Swing Space Return Date. 19.2. Commencing on the Execution Date through and including the earlier Swing Space Return Date for any particular Swing Space floor, Tenant shall have the right to retain possession of and use such Swing Space under the same terms and conditions as are in this Lease, except that no Base Rent or Additional Rent under Section 4.2 of this Lease shall be payable with respect to the Swing Space; but Tenant shall pay to Landlord (xa) the date Tenant vacates the Swing Space and (y) the date that is sixty (60) days after the date the Tenant Improvements are Substantially Completed, except that, if the Tenant Improvements are not Substantially Completed by the date nine (9) months following the Commencement Date (for any reason other than delays caused by Landlord), then, at the end cost of such nine (9) month period, the term of the lease of the Swing Space shall convert to a month-to-month lease which may be terminated by either party upon not less than thirty (30) days prior written notice to the other party of such termination. If Tenant leases cleaning the Swing Space, the rent for the Swing Space shall (i) for the initial nine (9) months following the Swing Space Commencement Date, be equal to the Operating Expenses (which, for purposes of the Swing Space, shall include the cost of providing electricity to the Swing Space, as reasonably determined if such cleaning is not being performed by Landlord) and Tax Expenses applicable to the Swing Space (calculated by dividing the rentable square footage of the Swing Space by the total rentable square footage of the Xxxxxxxxx Building, as reasonably calculated by LandlordTenant under Article 22, and without application (b) Tenant shall pay all other Additional Rent (i.e., exclusive of any base year amounts) and (ii) for the period of occupancy beyond the initial nine (9) months following the Swing Space Commencement Date, the sum of Twenty Four Dollars ($24.00) per rentable square foot per annumamounts due pursuant to Section 4.2). During the term of Tenant’s lease of the Swing Space, all of the provisions of this Lease shall apply to Tenant’s occupancy of the Swing Space, but excluding any provisions which, by their nature, are not applicable to the Swing Space in the Xxxxxxxxx Building, including, without limitation, the provisions regarding expansion optionscosts of electricity payable in respect of the Swing Space (collectively, rights of first refusal and renewal optionsthe “Swing Space Additional Charges”). 19.3. If When Tenant leases any vacates the Swing Space, Landlord and Tenant shall execute a written instrument documenting Tenant’s lease of deliver the subject Swing Space pursuant to this Paragraph 4.gLandlord in Delivery Condition (as more particularly described in Section 4.1(b)), damage due to casualty or condemnation and normal wear and tear from move out excepted.

Swing Space. In order to accommodate Tenant’s construction of leasehold improvements in the Premises, Landlord will use diligent efforts agrees to lease to Tenant, as swing space (which efforts shall be subject to space availability), to provide Tenant with approximately two (2) full floors of short-term the “Swing Space” on the second (2nd) and fifth (5th) floors ”), up to 5,000 square feet of Rentable Square Footage in a location in the building at 000 Xxxxxxxxx Xxxxxx (Building selected by Landlord, provided that Tenant gives Landlord written notice requesting the “Xxxxxxxxx Building”) where Tenant may move certain of its employees prior to Substantial Completion of the Tenant Improvements. If such Swing Space is available and Tenant desires to lease the same, the at least four (4) months in advance. The term of the lease of such Swing Space shall commence upon delivery leasing of the Swing Space to Tenant hereunder shall be no greater than ninety (90) days (the 90th day being the “Swing Space Commencement Termination Date”) ” unless Landlord and continue through Tenant agree in writing otherwise), and including the term shall commence no earlier of (x) the date than January 1, 2015 and end no later than December 31, 2015. Tenant vacates shall have no obligation to pay Rent with respect to the Swing Space through the Swing Space Termination Date; provided, however, that Tenant shall be liable for parking charges and above Building standard services (ye.g., after hours HVAC) applicable to the date that is sixty (60) days after Swing Space. Tenant’s failure to vacate the date the Tenant Improvements are Substantially Completed, except that, if the Tenant Improvements are not Substantially Completed Swing Space by the date nine (9) months following the Commencement Swing Space Termination Date (for shall be deemed a “holding over” by Tenant with respect thereto, and Landlord shall have any reason other than delays caused by Landlord), then, at the end of such nine (9) month period, the term and all rights provided under Article 24 of the lease Lease and/or applicable Law to regain possession of the Swing Space (including without limitation pursuit of a forcible detainer action) and/or recover damages for Tenant’s holdover. Subject to Landlord’s right to lease the Swing Space to one or more third parties, Tenant shall convert have the option to extend the Swing Space Termination Date on a month-to-month lease which may be terminated by either party upon not less than basis with thirty (30) days prior days’ advance written notice to Landlord (the other party of such termination. If Tenant leases “Swing Space Extension Notice”), provided that the Swing Space, the rent Rent for the Swing Space for such extended term shall be the Market Rental Rate (i) for the initial nine (9) months following the Swing Space Commencement Date, be equal as defined in Paragraph D of Rider No. 1 attached hereto without regard to the Operating Expenses (which, for purposes remaining portion of the Swing Space, shall include the cost of providing electricity to the Swing Space, Rider No. 1) as reasonably determined by Landlord) and Tax Expenses applicable to . Landlord shall advise Tenant of the Market Rental Rate for the Swing Space (calculated by dividing the rentable square footage written notice given to Tenant promptly following Landlord’s receipt of the Swing Space by the total rentable square footage of the Xxxxxxxxx BuildingExtension Notice. 1301 XXXXXXXX/KEY ENERGY SERVICES, as reasonably calculated by Landlord, and without application of any base year amounts) and (ii) for the period of occupancy beyond the initial nine (9) months following the Swing Space Commencement Date, the sum of Twenty Four Dollars ($24.00) per rentable square foot per annumINC. During the term of Tenant’s lease of the Swing Space, all of the provisions of this Lease shall apply to Tenant’s occupancy of the Swing Space, but excluding any provisions which, by their nature, are not applicable to the Swing Space in the Xxxxxxxxx Building, including, without limitation, the provisions regarding expansion options, rights of first refusal and renewal options. If Tenant leases any Swing Space, Landlord and Tenant shall execute a written instrument documenting Tenant’s lease of the subject Swing Space pursuant to this Paragraph 4.g.21st Amendment

Swing Space. Landlord will use diligent efforts (a) Provided that: (i) the Tenant is a Permitted Tenant; and (ii) the Tenant has not been notified of a default in the performance of its obligations under this lease which efforts shall be it has failed to cure within the times required by this lease, and, subject to space availability)such notice but irrespective of cure, to provide Tenant with approximately two (2) full floors of short-term “Swing Space” on the second (2nd) and fifth (5th) floors has not otherwise been in the building at 000 Xxxxxxxxx Xxxxxx (the “Xxxxxxxxx Building”) where Tenant may move certain persistent default of its employees prior to Substantial Completion of obligations under this lease, the Tenant Improvements. If such Swing Space is available shall have the right and Tenant desires to lease the sameoption, the term of the lease of such Swing Space shall commence upon delivery of the Swing Space to Tenant (the “Swing Space Commencement Date”) and continue through and including the earlier of (x) the date Tenant vacates the Swing Space and (y) the date that is sixty (60) days after the date the Tenant Improvements are Substantially Completeduntil August 1, except that1996, if the Tenant Improvements are not Substantially Completed by the date nine (9) months following the Commencement Date (for any reason other than delays caused by Landlord), then, at the end of such nine (9) month period, the term of the lease of the Swing Space shall convert to a month-to-month lease which may be terminated by either party upon on not less than thirty (30) days' prior Notice to the Landlord (the "Swing Notice"), to elect to lease additional premises of not less than 10,200 square feet of Rentable Space and no more than 13,000 square feet of Rentable Space, subject to availability, anywhere in the Building with the exception of the second floor in One Park Centre (such additional premises being called the "Swing Space"). (b) In order to exercise such right and option, the Tenant must: (i) provide the Landlord with the Swing Notice on or prior to August 1, 1996; and (ii) specify in the Swing Notice the actual number of square feet of Rentable Space required by it in the Swing Space, failing which the Tenant's rights to lease the Swing Space shall be null and void and of no further effect. (c) The Landlord shall within fifteen (15) business days of receiving the Swing Notice give the Tenant Notice (the "Swing Response") of the possible locations within the Building that will satisfy the Tenant's space requirements for the Swing Space as specified in the Swing Notice. Within five (5) business days of the Tenant receiving the Swing Response, the Tenant shall by further Notice to the Landlord (the "Selection Notice") elect which particular space offered to it by the Landlord it wishes to select to constitute the Swing Space. (d) The Swing Space shall become part of the Premises sixty (60) days following the date of the Selection Notice and the expiry date of the Tenant's term of occupancy of the Swing Space will be co-terminus with the Expiration of the Term. The parties will enter into an appropriate lease amending agreement to include the Swing Space within the Premises and to amend the provisions relating to Fixed Rent accordingly. (e) The Tenant shall have a 30 day fixturing period immediately prior to the date on which the Swing Space becomes part of the Premises, during which fixturing period the Tenant will not be required to pay Fixed Rent or additional rent (including, without limitations Operating Cost and Taxes), except for the cost of utilities consumed in the Swing Space. (f) The annual rate per square foot of Fixed Rent for the Swing Space shall be calculated in accordance with the following formula: $3.00 + [$0.40 x A .DIVIDED BY B], where: A = the number of days between August 1, 1995, and the date on which the Tenant's Notice for the Swing Space is given to the Landlord, both dates inclusive. B = 366. Fixed Rent calculated at such annual rate per square foot shall be payable in equal monthly instalments in advance on the first day of each month so long as the Swing Space forms part of the Premises during the Term. (g) The Landlord shall, at the Tenant's request by Notice and prior to the commencement of the fixturing period for the Swing Space, remove all existing leasehold improvements in the Swing Space, at the Landlord's sole cost and expense. Apart from the removal of those leasehold improvements which the Tenant requires to be removed, the Landlord shall have no other obligations to make repairs or other improvements in the Swing Space and the Tenant acknowledges that it will take the Swing Space in absolutely "as is" condition. (h) Except as set out in this paragraph or as otherwise provided in this lease, the terms and conditions of this lease shall apply to the Swing Space but for the purposes of clarity there shall be no rent-free periods or other financial inducements (other than the leasehold improvement allowance referred to in paragraph 2 of this Schedule "C") provided for by the Landlord with respect to the Swing Space. (i) If the Tenant elects to terminate the lease with respect to the Swing Space as provided in subparagraph 4(j), it shall pay to the Landlord the complete unamortized balance (calculated using the 10% per annum interest factor described in paragraph 2 of this Schedule "C") of any leasehold improvement allowance paid by the Landlord to the Tenant in respect of the Swing Space, together with all real estate commissions and fees incurred by the Landlord with respect to the Swing Space, also with interest thereon at the rate of 10% per annum from the date on which originally paid by the Landlord to the date of repayment by the Tenant, such payments to be made by the Tenant to the Landlord by certified cheque or bank draft on the date of termination of the lease with respect to the Swing Space. (j) If: (i) the Tenant is a Permitted Tenant; (ii) the Tenant has not been notified of a default in the performance of its obligations under this lease which it has failed to cure within the times required by this lease, and, subject to such notice but irrespective of cure, has not otherwise been in persistent default of its obligations under this lease; and (iii) the Tenant is itself in actual possession, occupancy and use of at least 45,000 square feet of Rentable Space in the Building at such time, the Tenant may during the Initial Term (but not thereafter) terminate the lease with respect to the Swing Space by giving the landlord not less than nine (9) months' prior written notice to the other party of such termination. If Tenant leases the Swing Spacesuch notice is given, the rent for the Swing Space shall (i) for the initial nine (9) months following the Swing Space Commencement Datelease, be equal to the Operating Expenses (which, for purposes of extent applicable to the Swing Space, shall include be terminated effective the cost of providing electricity date set out in the said notice for termination, subject to payment by the Swing Space, as reasonably determined by Landlord) and Tax Expenses applicable to the Swing Space (calculated by dividing the rentable square footage Tenant of the Swing Space by the total rentable square footage of the Xxxxxxxxx Building, as reasonably calculated by Landlordamount described in subparagraph 4(i), and without application of any base year amounts) and (ii) for the period of occupancy beyond the initial nine (9) months following the Swing Space Commencement Date, the sum of Twenty Four Dollars ($24.00) per rentable square foot per annum. During the term of Tenant’s lease of the Swing Space, all of the provisions of this Lease shall apply be deemed to Tenant’s occupancy of the Swing Space, but excluding any provisions which, by their nature, are not applicable to the Swing Space in the Xxxxxxxxx Building, including, without limitation, the provisions regarding expansion options, rights of first refusal and renewal options. If Tenant leases any Swing Space, Landlord and Tenant shall execute a written instrument documenting Tenant’s lease of the subject Swing Space pursuant to this Paragraph 4.gbe amended accordingly on such date.

Swing Space. (a) The Swing Space (hereinafter defined) is located on a floor in which Xxxxxxx Xxxxxx L.L.P. (“JW”) leases the balance of the floor. JW has certain rights to the Swing Space and the Swing Furniture (hereinafter defined) pursuant to a separate lease with Landlord. The elevator lobby, the multi-tenant corridor and the restrooms are the only Common Areas located on the 21st floor of the Building. Tenant hereby agrees to certain restrictions on its use of the Swing Space, as contained in subparagraph (b) below, in light of JW’s interests in the Swing Space and the Swing Furniture. (b) Landlord acknowledges that the Landlord Work (as defined in the Work Letter attached hereto as Exhibit B) will use diligent efforts (which efforts shall be subject installed while Tenant is in occupancy of the Premises. Landlord agrees, in order to space availability)accommodate such Landlord Work, to provide Tenant with approximately two (2) full floors of short-term may occupy certain “Swing Space” on (herein so called) for a maximum of one hundred twenty (120) days during the second (2nd) and fifth (5th) floors performance of the Landlord Work in the building at 000 Xxxxxxxxx Xxxxxx Premises, which one hundred twenty (the “Xxxxxxxxx Building”120) where Tenant may move certain of its employees prior to Substantial Completion of the Tenant Improvements. If such Swing Space is available and Tenant desires to lease the same, the term of the lease of such Swing Space day period shall commence upon delivery of the Swing Space to Tenant (the “Swing Space Commencement Date”) and continue through and including on the earlier of (xi) the date Tenant vacates Tenant’s actual occupancy of the Swing Space, or (ii) March 11, 2011. The Swing Space and (y) the date that is sixty (60) days after the date the Tenant Improvements are Substantially Completed, except that, if the Tenant Improvements are not Substantially Completed by the date nine (9) months following the Commencement Date (for any reason other than delays caused by Landlord), then, at the end shall consist of such nine (9) month periodSuite 2120, the term Rentable Square Footage of which is 5,136 square feet, located on the 21st floor of the lease Building, as shown on Exhibit C attached hereto and made a part hereof. Tenant’s occupancy of the Swing Space shall convert be subject to a month-to-month lease which may all terms and conditions contained in the Lease, as modified by this First Amendment, except that Tenant shall not be terminated by either party upon obligated to pay Rent for the Swing Space including, without limitation, Base Rent, Tenant’s Pro Rata Share of Excess Operating Expenses, Tenant’s Pro Rata Share of Excess Tax Expenses and Tenant’s Pro Rata Share of electrical service costs as provided in Section 4.I. Further, Tenant hereby acknowledges and agrees that Tenant shall not less than thirty have the right to (30i) days prior written notice to the other party of such termination. If Tenant leases install any Alterations in the Swing Space, or (ii) install any signage in the rent for elevator lobby of the 21st floor of the Building. The furniture located in the Swing Space shall (ithe “Swing Furniture”) for the initial nine (9) months following is subject to certain rights granted to JW by Landlord. Landlord will allow Tenant to utilize the Swing Space Commencement Date, be equal to the Operating Expenses (which, for purposes Furniture during Tenant’s occupancy of the Swing Space, provided that Tenant shall include the cost of providing electricity to surrender the Swing Space, as reasonably determined by Landlord) and Tax Expenses applicable Furniture to Landlord in the Swing Space (calculated by dividing the rentable square footage same condition it was in immediately prior to Tenant’s occupancy of the Swing Space and any “wear or tear” damages to the same must be repaired by the total rentable square footage of the Xxxxxxxxx Building, as reasonably calculated by Landlord, and without application of any base year amounts) and (ii) for the period of occupancy beyond the initial nine (9) months following the Swing Space Commencement Date, the sum of Twenty Four Dollars ($24.00) per rentable square foot per annumTenant. During the term of Tenant’s lease of the Swing Space, all of the provisions of this Lease shall apply Prior to Tenant’s occupancy of the Swing Space, but excluding a representative of Landlord and a representative of Tenant shall walk through the Swing Space to inspect the condition of the Swing Space and the Swing Furniture and to inventory the Swing Furniture and shall thereafter jointly prepare a list of any provisions which, by their nature, are not applicable then-existing damage in the Swing Space or to the Swing Furniture (the “Inventory and Condition Report”). Immediately after Tenant’s surrender of the Swing Space to Landlord, a representative of Landlord and a representative of Tenant shall walk through the Swing Space to assess the condition of the Swing Space and the Swing Furniture and shall thereafter jointly prepare a list of any damage in the Xxxxxxxxx BuildingSwing Space or to the Swing Furniture that is not listed on the Inventory and Condition Report (the “Damage Report”). Any items listed on the Damage Report shall be repaired by Landlord at Tenant’s sole cost and expense. Tenant shall have no right to remove any of the Swing Furniture from the Swing Space. Any Swing Furniture that is missing from the Swing Space after Tenant’s surrender of the Swing Space to Landlord shall be replaced with reasonably equivalent new furniture at Tenant’s sole cost and expense. Tenant shall hold the Landlord Parties harmless from, includingand indemnify and defend such parties against, without limitationall Claims that arise out of or in connection with any damage or injury occurring in the Swing Space (specifically including any and all damage to the Swing Furniture, wear and tear included). Landlord hereby notifies Tenant that the provisions regarding expansion options, rights Swing Space shall be available for delivery to Tenant as of first refusal the Effective Date of this First Amendment. The Swing Space and renewal optionsthe Swing Furniture shall be delivered to Tenant in their current AS IS condition and Landlord makes no warranties or representations with respect thereto. If Tenant leases any shall be solely responsible for the cost of relocating to and from the Swing Space, Landlord and except as provided in Paragraph 3 of the Work Letter. In the event Tenant desires to occupy the Swing Space for more than one hundred twenty (120) days, (a) Tenant shall execute first obtain Landlord’s prior written consent to such occupancy, which consent shall not be unreasonably withheld; provided, however, it shall be deemed reasonable for Landlord to deny consent if Landlord requires the Swing Space for another tenant, either for occupancy or for construction purposes, (b) any such occupancy shall be on a month-to-month basis, terminable by either party upon 30 days written instrument documenting notice to the other, and (c) Tenant shall pay Base Rent for such occupancy of the Swing Space at an annual rate of $20.00 multiplied by the Rentable Square Footage of the Swing Space, in addition to Tenant’s lease Pro Rata Share of electrical service costs, as provided in Section 4.I, for the subject Swing Space pursuant to this Paragraph 4.gSpace.

Swing Space. (a) Landlord will grants to Tenant a temporary license (the “License”) to utilize approximately one thousand four hundred sixty-five (1,465) square feet of rentable area located on the first (Is’) floor of the Building and known as Suite 150 (the “Swing Space”). The License and Tenant’s use diligent efforts (which efforts of the Swing Space shall be subject to space availabilityall of the terms and conditions of the Lease and this Amendment (including, without limitation, but in particular: Section 9, Section 12, and Section 26 of the Lease), and the additional terms and conditions set forth in this Paragraph 4. Anything to provide Tenant with approximately two (2) full floors of short-term “Swing Space” on the second (2nd) and fifth (5th) floors contrary contained in the building at 000 Xxxxxxxxx this Paragraph 4 notwithstanding; if Xxxxxx (the “Xxxxxxxxx Building”) where Tenant may move certain of its employees prior to Substantial Completion of the Tenant Improvements. If such Swing Space is available and Tenant desires to lease the same, the term of the lease of such Swing Space shall does not commence upon delivery of occupying the Swing Space to Tenant within thirty (the “Swing Space Commencement Date”) and continue through and including the earlier of (x) the date Tenant vacates the Swing Space and (y) the date that is sixty (6030) days after the date of this Amendment and such delay is not caused by Landlord, then Tenant’s rights pursuant to this Paragraph 4 shall automatically be of no further force and effect. (b) The term of the Tenant Improvements are Substantially CompletedLicense for the Swing Space shall begin on the Effective Date and shall continue through the expiration of the Moving Period; provided, except thathowever, if the Tenant Improvements are not Substantially Completed by the date nine (9) months following the New Space Lease Commencement Date does not occur on or before January 15,2020, and if the failure of the occurrence of the New Space Lease Commencement Date by such date is due to reasons outside of Landlord’s reasonable control, then after January 15, 2020, Landlord shall have the right to terminate the License upon no less than fifteen (15) days’ prior written notice to Tenant, unless the parties mutually agree in writing on terms for any reason other than delays caused by Landlordthe continuation of the License for the Swing Space. (c) Tenant shall not be required to pay Landlord for Basic Rental, Xxxxxx’s Proportionate Share for Basic Costs, or Tenant’s Proportionate Share for Real Estate Taxes for the Swing Space. The immediately preceding sentence notwithstanding, if Tenant continues to occupy the Swing Space after the expiration of the Moving Period, then Tenant shall be responsible for a holdover license fee equal to sixty-eight dollars and eighty-four cents ($68.84) per square foot of rentable area of the Swing Space per annum (the “License Holdover Fee”), then, at and such License Holdover Fee shall be computed and charged to Tenant on a monthly (not daily) basis and shall be payable on the end first day of such nine (9) month periodholdover period and on each monthly anniversary of such first day thereafter during such holdover period until the Swing Space has been vacated. As an example for illustrative purposes only, if the term expiration of the lease Moving Period is November 16, 2019, and if Tenant continues to occupy the Swing Space through December 20, 2019, and if the Swing Space is one thousand four hundred sixty-five (1,465) square feet of rentable area, then the License Holdover Fee would be $16,808.43 (i.e., $68.84 x 1,465 sq. ft. / 12 months x 2 months). (d) Tenant acknowledges and agrees that: (i) Tenant’s use and occupancy of the Swing Space shall convert all be at Tenant’s sole risk and expense; (ii) Landlord has granted the License as a temporary accommodation to a month-to-month lease which may be terminated by either party upon not less than thirty Tenant; and (30iii) days prior written notice Landlord is granting the License to the other party of such termination. If Tenant leases the Swing Space, the rent for use the Swing Space in its current condition, and AS A MATERIAL PART OF THE CONSIDERATION FOR GRANTING THE LICENSE, TENANT ACCEPTS THE LICENSE TO USE THE SWING SPACE IN ITS THEN-EXISTING “AS IS,” “WHERE-IS,” AND “WITH ALL FAULTS” CONDITION, except that as of the commencement of the term of the License Landlord shall ensure that: (iA) for the initial nine (9) months following the Swing Space Commencement Date, be equal complies with applicable Laws for temporary occupancy by Tenant for general office purposes (to the Operating Expenses (which, for purposes best of Landlord’s actual knowledge as of the date of this Amendment, Landlord has received no notice or information that the Swing SpaceSpace fails to comply with applicable Laws), and (B) the Swing Space is devoid of stored property, broom clean, and in good order, condition and repair. (e) Tenant shall include the cost of providing electricity not be permitted to make any Alterations in or to the Swing Space, as reasonably determined by Landlord) and Tax Expenses applicable . Tenant shall promptly repair any damage to the Swing Space or the Building caused by Tenant or its employees, agents, contractors, owners, officers, directors, subtenants, assignees, licensees, concessionaires, family members, invitees, clients, customers, and guests (calculated by dividing collectively, “Invitees”). On or before the rentable square footage expiration of the Moving Period, Xxxxxx shall surrender the Swing Space by the total rentable square footage of the Xxxxxxxxx Building, as reasonably calculated by Landlordbroom clean and in good order and repair, and without application of in the same general condition as when the License commenced except for ordinary wear and tear (i.e., Landlord shall not have a right to require Tenant to remove any base year amounts) and (ii) for the period of occupancy beyond the initial nine (9) months following Alterations that existed within the Swing Space Commencement Date, when the sum of Twenty Four Dollars ($24.00) per rentable square foot per annum. During the term of Tenant’s lease of the Swing Space, all of the provisions of this Lease shall apply to Tenant’s occupancy of the Swing Space, but excluding any provisions which, by their nature, are not applicable to the Swing Space in the Xxxxxxxxx Building, including, without limitation, the provisions regarding expansion options, rights of first refusal and renewal options. If Tenant leases any Swing Space, Landlord and Tenant shall execute a written instrument documenting Tenant’s lease of the subject Swing Space pursuant to this Paragraph 4.gLicense commenced).

Swing Space. Landlord will use diligent efforts Reference is made to the space located on a portion of the sixth (which efforts shall be subject to space availability), to provide Tenant with 6th) floor of the 000 Xxxxxxxx Xxxxxxxx as shown on the floor plan attached hereto as Schedule D-1 containing approximately two 8,462 square feet of Net Rentable Area (2) full floors of short-term the “Swing Space” on the second (2nd) and fifth (5th) floors in the building at 000 Xxxxxxxxx Xxxxxx (the “Xxxxxxxxx Building”) where Tenant may move certain of its employees ). To provide for Tenant’s temporary space needs prior to Substantial Completion of the Relocation Commencement Date, Landlord shall permit Tenant Improvements. If such to use and occupy the Swing Space is available and Tenant desires to lease the sameSpace, in its current “as is” condition, for a term commencing on September 1, 2018 (or, if later, the term of the lease of such Swing Space shall commence upon delivery date on which Tenant first enters all or part of the Swing Space to Tenant Space) and expiring at 11:59 p.m. on the Relocation Commencement Date for the Relocation Premises (the “Swing Space Commencement DateTerm”) on all of the terms and continue through and including conditions of the earlier of Lease that are applicable to the Relocation Premises under the Lease (x) the date Tenant vacates the Swing Space and (y) the date that is sixty (60) days after the date the Tenant Improvements are Substantially Completedincluding, except that, if the Tenant Improvements are not Substantially Completed by the date nine (9) months following the Commencement Date (for any reason other than delays caused by Landlord), then, at the end of such nine (9) month periodwithout limitation, the term of Tenant’s insurance and indemnification obligations set forth therein) with the lease of the Swing Space shall convert to a month-to-month lease which may be terminated by either party upon not less than thirty (30) days prior written notice to the other party of such termination. If Tenant leases the Swing Space, the rent for the Swing Space shall (i) for the initial nine (9) months following the Swing Space Commencement Date, be equal to the Operating Expenses (whichsame effect as if, for purposes of the Swing SpaceSpace and the Swing Space Term hereunder, shall include the cost of providing electricity references in the Lease to the Premises, the Term, and the Building referred, respectively, to the Swing Space, as reasonably determined by the Swing Space Term, and the 000 Xxxxxxxx Xxxxxxxx; provided, however, that (a) Landlord shall not be required to provide any tenant improvement allowance for the Swing Space or perform any improvements in or to the Swing Space; (b) Tenant shall not be required to pay Net Rent or additional rent for Tenant’s Proportionate Share of Operating Cost and Impositions in respect of the Swing Space for the Swing Space Term; (c) Tenant shall pay to Landlord, on account of the Swing Space for the Swing Space Term, additional rent for tenant electricity and any separately reimbursable charges (e.g., after-hours HVAC or special cleaning services) and Tax Expenses applicable provided to the Swing Space at building standard rates, on a monthly basis (calculated by dividing the rentable square footage pro-rated for any partial month of the Swing Space by the total rentable square footage of the Xxxxxxxxx Building, as reasonably calculated by Landlord, and without application of any base year amountsTerm) and otherwise at the times and in the manner provided in the Lease for such charges; and (iid) for the period of occupancy beyond the initial nine (9) months following Tenant shall use the Swing Space Commencement Date, the sum of Twenty Four Dollars ($24.00) per rentable square foot per annum. During the term of solely for Tenant’s lease own use in accordance with the Permitted Use under the Lease and shall have no right to sublease or assign its rights with respect thereto to any other party. At the expiration of the Swing SpaceSpace Term, all of the provisions of this Lease Tenant shall apply to Tenant’s occupancy of the Swing Space, but excluding any provisions which, by their nature, are not applicable to vacate and surrender the Swing Space in the Xxxxxxxxx Buildingcondition existing as of the commencement date of the Swing Space Term, includingreasonable wear and tear excepted, without limitation, the provisions regarding expansion options, rights after removing all of first refusal and renewal options. If Tenant leases any Swing Space, Landlord and Tenant shall execute a written instrument documenting Tenant’s lease personal property, furniture, fixtures, and equipment from such space. Any failure by Tenant to timely vacate and surrender the Swing Space to Landlord by the last day of the subject Swing Space pursuant Term shall be deemed a holdover for purposes of Section 8.02 of the Lease, with holdover rent thereunder calculated as if the Rent payable during the Swing Space Term had been payable at the rates per square foot applicable to this Paragraph 4.g.the Premises during the first Relocation Lease Year following the Relocation Rent

Swing Space. Landlord will use diligent efforts (which efforts shall be subject to space availability), to provide agrees that Tenant with approximately two (2) full floors of short-term may temporarily occupy certain “Swing Space” on (herein so called) during the second (2nd) and fifth (5th) floors performance of the Landlord Work in the building at 000 Xxxxxxxxx Xxxxxx (the “Xxxxxxxxx Building”) where Tenant may move certain of its employees prior to Substantial Completion portion of the Tenant ImprovementsCurrent Premises occupied by Tenant’s Investment Group (herein so called). If such Swing Space is available and Tenant desires to lease the same, the term of the lease of such The Swing Space shall commence upon delivery consist of Landlord’s choice of either the Swing Space to Tenant (6th floor or 7th floor of 000 Xxxxxxxx Xxxxx, or the “Swing Space Commencement Date”) and continue through and including the earlier of (x) the date Tenant vacates the Swing Space and (y) the date that is sixty (60) days after the date the Tenant Improvements are Substantially Completed, except that, if the Tenant Improvements are not Substantially Completed by the date nine (9) months following the Commencement Date (for any reason other than delays caused by Landlord), then, at the end of such nine (9) month period, the term of the lease of the Swing Space shall convert to a month-to-month lease which may be terminated by either party upon not less than thirty (30) days prior written notice 0xx xxxxx xx 000 Xxxxxxxx Xxxxx as shown on Exhibit A-4 attached to the other party of such terminationEleventh Modification. If Tenant leases the Swing Space, the rent for the Swing Space shall (i) for the initial nine (9) months following the Swing Space Commencement Date, be equal to the Operating Expenses (which, for purposes of the Swing Space, shall include the cost of providing electricity to the Swing Space, as reasonably determined by Landlord) and Tax Expenses applicable to the Swing Space (calculated by dividing the rentable square footage of the Swing Space by the total rentable square footage of the Xxxxxxxxx Building, as reasonably calculated by Landlord, and without application of any base year amounts) and (ii) for the period of occupancy beyond the initial nine (9) months following the Swing Space Commencement Date, the sum of Twenty Four Dollars ($24.00) per rentable square foot per annum. During the term of Tenant’s lease of the Swing Space, all of the provisions of this Lease shall apply to Tenant’s occupancy of the Swing Space shall be subject to all terms and conditions contained in the Lease, as modified by this Eleventh Modification, except that Tenant shall not be obligated to pay Basic Rental or Additional Rental for the Swing Space, but excluding any provisions which, by their nature, are not applicable Tenant shall be required to pay electrical costs for the Swing Space in accordance with Paragraph 7(b) of the Xxxxxxxxx Building, including, without limitation, Lease. The Swing Space will be delivered to Tenant in its AS IS condition and Landlord makes no warranties or representations with respect thereto. Tenant shall be solely responsible for the provisions regarding expansion options, rights cost of first refusal relocating to and renewal optionsfrom the Swing Space. If Tenant’s right to occupy the Swing Space shall terminate when the Landlord Work in the portion of the Current Premises occupied by Tenant’s Investment Group is Substantially Complete and Tenant leases any is able to lawfully occupy same. After the payment of all electrical costs due and owing for the Swing Space, Landlord and so long as Tenant shall execute a written instrument documenting Tenant’s lease has surrendered the Swing Space broom-clean, vacant and in the condition existing as of the subject date of Landlord’s delivery of the same (reasonable wear and tear excepted), neither party shall have any rights, liabilities or obligations under the Lease, as modified by this Eleventh Modification, for the period accruing after the date on which Tenant vacates the Swing Space pursuant to Space, except those which, by the provisions of the Lease, as modified by this Paragraph 4.gEleventh Modification, expressly survive the termination of the Lease, as modified by this Eleventh Modification.

Swing Space. Landlord will use diligent efforts (which efforts Subject to the applicable terms and conditions contained in this Lease, Tenant shall be subject to space availability), to provide Tenant with approximately two (2) full floors of short-term “Swing Space” on the second (2nd) and fifth (5th) floors in the building at 000 Xxxxxxxxx Xxxxxx (the “Xxxxxxxxx Building”) where Tenant may move certain of its employees prior to Substantial Completion of the Tenant Improvements. If such Swing Space is available and Tenant desires to lease the same, the term of the lease of such Swing Space shall commence upon delivery of the Swing Space to Tenant have a license (the “Swing Space Commencement DateLicense”) and continue through and including the earlier of (x) the date Tenant vacates the Swing Space and (y) the date that is sixty (60) days after the date the Tenant Improvements are Substantially Completed, except that, if the Tenant Improvements are not Substantially Completed by the date nine (9) months following the Commencement Date (for any reason other than delays caused by Landlord), then, at the end of such nine (9) month period, the term of the lease of the Swing Space shall convert to a month-to-month lease which may be terminated by either party upon not less than thirty (30) days prior written notice to the other party of such termination. If Tenant leases the Swing Space, the rent for the Swing Space shall use (i) for at no charge to Tenant, that portion of the initial nine Building shown on Exhibit A-6 (9the “Swing Space”) months following from the date surrendered by the current tenant of such space through February 29, 2020, provided that upon Txxxxx’s vacating such Swing Space Commencement Dateon or prior to February 29, be equal to 2020, Tenant leaves the Operating Expenses (whichsame in “broom clean” condition, for purposes of the Swing Space, shall include the cost of providing electricity to the Swing Space, as reasonably determined by Landlord) and Tax Expenses applicable to the Swing Space (calculated by dividing the rentable square footage of the Swing Space by the total rentable square footage of the Xxxxxxxxx Building, as reasonably calculated by Landlord, and without application of any base year amounts) and (ii) for a total annual fee of $[***] per Rentable Square Foot of the Concourse Swing Space payable to Landlord as Additional Rent (which totals [***] Dollars ($[***]) per month), and no other amounts payable or reimbursable by Tenant to Landlord for such license, including without limitation any Rent or any amounts for Common Area Operating Expenses in connection with the Concourse Swing Space, that portion of the Building shown on Exhibit A-7 (the “Concourse Swing Space”) from the Commencement Date through December 31, 2019, in each case solely for the Permitted Use and, in the case of the Concourse Swing Space for construction staging relating to the Re-Stacking Project. The Swing Space License as it relates to the Concourse Swing Space shall be conditioned upon Tenant delivering written notice to Landlord no later than August 1, 2019, that Tenant elects to use the Concourse Swing Space and if Tenant does not provide notice to Landlord of such election, Tenant shall have no obligation to pay any fee, Rent or Additional Rent for the Concourse Swing Space to Landlord other than for the period from the Commencement Date to the date Tenant vacates such space in “broom-clean” condition. Notwithstanding the foregoing, Tenant shall have the option in its sole and absolute discretion, which option may be exercised by delivering at least thirty (30) days’ written notice to Landlord (a “Notice of occupancy beyond the initial nine (9Concourse Swing Space Termination”) months following to terminate the Swing Space Commencement License with respect to the Concourse Swing Space on a date specified by Tenant in the Notice of Concourse Swing Space Termination (the “Concourse Swing Space Termination Date”). Effective on the Concourse Swing Space Termination Date, the sum Swing Space License shall terminate as to the Concourse Swing Space and Tenant shall have no further obligation to pay to Landlord any fee, Rent or Additional Rent for use of Twenty Four Dollars ($24.00) per rentable square foot per annumthe Concourse Swing Space after the Concourse Swing Space Termination Date. During the term Tenant shall provide Landlord and all additional insureds with a certificate of insurance and an “Additional Insured Endorsement” for such Swing Space and Concourse Swing Space insurance coverage. Said insurance shall be primary insurance with respect to any claims, losses or liability arising directly or indirectly from Tenant’s lease entry and presence upon the Swing Space and/or Concourse Swing Space. Tenant shall indemnify, defend and hold Landlord harmless from and against any Claims, which result from or arise out of the use of the Swing Space, all Space or the Concourse Swing Space by Tenant or any other Tenant Parties except to the extent such Claims are caused by the negligence or willful misconduct of the provisions of this Lease shall apply to Landlord. Tenant’s occupancy obligations under this Section shall survive for a period of the Swing Spaceeighteen (18) months after February 29, but excluding any provisions which, by their nature, are not applicable to the Swing Space in the Xxxxxxxxx Building, including, without limitation, the provisions regarding expansion options, rights of first refusal and renewal options. If Tenant leases any Swing Space, Landlord and Tenant shall execute a written instrument documenting Tenant’s lease of the subject Swing Space pursuant to this Paragraph 4.g2020.