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. 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 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 Date”equivalent to the delayed floor) shall be extended for one day and continue through and including (b) in the earlier of (x) the date event Tenant vacates 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 (y) the date that is sixty (60) days after the date the Tenant Improvements are Substantially Completedalong with all Swing Space Additional Charges, 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 without duplication of the lease of the Swing Space shall convert to a month-to-month lease which may be terminated Additional Rent payable by either party upon not less than thirty (30Tenant as aforesaid) 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) floor that is not returned in its entirety to Landlord for the initial nine (9) months following each day beyond the Swing Space Commencement Return 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 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.