Common use of Temporary Premises Clause in Contracts

Temporary Premises. During the period commencing on the Temporary Premises Commencement Date (as defined below) and ending sixty (60) days thereafter (the “Temporary Premises Termination Date”), Landlord shall lease to Tenant, and Tenant shall lease from Landlord, temporary premises (the “Temporary Premises”) located on the first (1st) floor of the Building comprising approximately 4,845 rentable square feet and known as Suite 102. The Temporary Premises are depicted on Exhibit A attached hereto. The “Temporary Premises Commencement Date” shall mean the date that Landlord delivers the Temporary Premises to Tenant in the condition described below, which is anticipated to occur on the business day immediately after the execution of this Amendment. Notwithstanding anything to the contrary in this Section 1, Landlord’s failure to deliver the Temporary Premises to Tenant on the estimated Temporary Premises Commencement Date shall not be a default by Landlord or otherwise render Landlord liable for damages. Tenant’s lease of the Temporary Premises shall be on the same terms and conditions as applicable to the Premises, except that (i) during the period commencing on the Temporary Premises Commencement Date and ending on the Temporary Premises Termination Date, Tenant shall not be required to pay Base Rent with respect to its lease of the Temporary Premises, (ii) with respect to the Temporary Premises, Tenant shall not be required to pay Tenant’s Share of Building Direct Expenses, and (iii) no additional parking passes shall be allocated to Tenant in connection with its lease of the Temporary Premises. The Temporary Premises are accepted by Tenant in “as is” condition and configuration without any representations or warranties by Landlord and Landlord shall have no obligation to make or pay for any alterations, additions, improvements or renovations in the Temporary Premises to prepare the Temporary Premises for Tenant’s occupancy. On the Temporary Premises Termination Date or such earlier termination of Tenant’s lease of the Temporary Premises, Tenant shall surrender the Temporary Premises to Landlord in accordance with the terms of Article 15 of the Lease. Notwithstanding the foregoing, if Tenant occupies the Temporary Premises beyond the Temporary Premises Termination Date with Landlord’s consent, such occupancy shall be on a month-to-month basis until terminated by either party upon at least fourteen (14) days prior written notice and, during such period, Tenant shall pay (x) Base Rent for the Temporary Premises in an amount equal to $28,101.00 per month, and (y) Tenant’s Share of Building Direct Expenses for the Temporary Premises. Tenant’s Share for the Temporary Premises shall be 3.6152%.

Temporary Premises. During Subject to the period commencing on terms hereof, prior to the Temporary Premises Lease Commencement Date (as defined below) and ending sixty (60) days thereafter (the “Temporary Premises Termination Date”), Landlord shall shall, in consideration for Tenant’s entering into this Lease, grant Tenant the right to temporarily lease to Tenant, and Tenant shall lease from Landlord, temporary premises that certain portion of the Premises containing approximately 26,514 rentable square feet of space (the “Temporary Premises”) ), commonly known as Xxxxx 000, located on the first (1st) fifth floor of the Building comprising approximately 4,845 rentable square feet and known Xxxxx Street Building, as Suite 102set forth more particularly on Exhibit A-2 attached hereto, for the conduct of Tenant’s business for the Permitted Use in accordance with the terms of the Lease only. The term of Tenant’s lease of the Temporary Premises are depicted on Exhibit A attached hereto. The (the “Temporary Premises Commencement Date” Term”) shall mean commence upon the date that upon which Landlord delivers the Temporary Premises to Tenant in (the condition described below, which is anticipated to occur on the business day immediately after the execution of this Amendment. Notwithstanding anything to the contrary in this Section 1, Landlord’s failure to deliver the Temporary Premises to Tenant on the estimated “Temporary Premises Commencement Date Date”), and shall not be a default by Landlord or otherwise render Landlord liable for damagesterminate on May 31, 2016 (the “Temporary Premises Expiration Date”). Tenant’s lease possession of the Temporary Premises shall be on subject to the same terms and conditions of this Lease as applicable to though such Temporary Premises was the Premises, except provided that (iA) during the period commencing on the Temporary Premises Commencement Date and ending on the Temporary Premises Termination Date, Tenant shall not be required obligated to pay Base Rent with respect to its lease of the Temporary PremisesPremises (provided, that if Tenant holds over in the Temporary Premises beyond the Temporary Premises Expiration Date, then Base Rent shall be deemed to be an amount equal to $176,760.00 per month (i.e., $80.00 per rentable square foot annually), (iiB) with respect to the Temporary Premises, Tenant shall not be required to pay Tenant’s Share of Building Direct Expenses, and Operating Expenses with respect to the Temporary Premises (iii) no additional parking passes provided that Tenant shall be allocated obligated to Tenant in connection with its lease pay any other amounts of Additional Rent applicable to the Temporary Premises. The , including, without limitation, after-hours HVAC charges), (C) Tenant shall have no right to assign, sublease or otherwise transfer its interest with respect to the Temporary Premises are accepted by other than a Permitted Transferee Assignee, (D) Tenant shall accept the Temporary Premises in its existing “as is” condition and configuration without any representations or warranties by Landlord and Landlord shall have no obligation to make provide or pay for improvements of any alterationskind with respect to the Temporary Premises, additions(E) Tenant shall not make any alterations or improvements to the Temporary Premises or any portion thereof, improvements without Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or renovations delayed, and (F) the terms of the Tenant Work Letter shall be inapplicable to the Temporary Premises. Landlord shall deliver the Temporary Premises with the plumbing, electrical systems, fire sprinkler system, lighting, air conditioning and heating systems and all other Building systems serving the Temporary Premises in good operating condition and repair and any failure of such systems to be in such condition on delivery shall not be a default under this Lease, but shall be promptly remedied by Landlord at Landlord’s sole cost and expense. In addition, the Temporary Premises shall be delivered with the existing cabling in place, provided Landlord shall have no liability whatsoever for the condition of the existing cabling and Landlord makes no warranties as to the suitability of the existing cabling to serve Tenant’s requirements. On or before the Temporary Premises Expiration Date, Tenant shall quit and surrender possession of the Temporary Premises to prepare Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord, except to the extent of (x) reasonable wear and tear, (y) damage by fire or other casualty that is not Tenant’s obligation to repair hereunder, or (z) repairs which are specifically made the responsibility of Landlord hereunder. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Temporary Premises for all debris, rubbish, phone systems, Lines (as that term is defined in Section 29.32 below) installed by Tenant’s occupancy. On the Temporary Premises Termination Date , and such items of furniture, equipment, business and trade fixtures, free-standing cabinet work, movable partitions and other articles of personal property owned by Tenant or such earlier termination of Tenant’s lease of installed or placed by Tenant at its expense in the Temporary Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its reasonable discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Temporary Premises and Building resulting from such removal. If Tenant fails to vacate and surrender the Temporary Premises to Landlord on or before the Temporary Premises Expiration Date, Tenant shall be deemed to be holding over in accordance with such Temporary Premises and shall be subject to the terms of Article 15 16 of this Lease; provided, however, nothing contained herein shall be construed as consent by Landlord to any holding over by Tenant in the Lease. Notwithstanding Temporary Premises, and Landlord expressly reserves the foregoing, if right to require Tenant occupies to surrender possession of the Temporary Premises beyond to Landlord as provided in this Lease upon the Temporary Premises Termination Date with Landlord’s consent, such occupancy shall be on a month-to-month basis until terminated by either party upon at least fourteen (14) days prior written notice and, during such period, Tenant shall pay (x) Base Rent for the Temporary Premises terms and conditions set forth in an amount equal to $28,101.00 per month, and (y) Tenant’s Share of Building Direct Expenses for the Temporary Premises. Tenant’s Share for the Temporary Premises shall be 3.6152%this Lease.

Temporary Premises. During the period commencing on the Temporary Premises Commencement Date (as defined below) and ending sixty (60) days thereafter (the “Temporary Premises Termination Date”), Landlord shall lease to Tenant, Tenant and Tenant shall lease from Landlord, temporary premises Landlord approximately 12,000 square feet located on the eastern half of the second floor of the Building (the “Temporary Premises”) located commencing on the first date that is 1 day after the substantial completion by Landlord of Landlord’s Temporary Premises Work (1stas defined below)(“TP Delivery Date”), and continuing until the earlier of: (i) floor the date that is 30 days after Substantial Completion of the Building comprising approximately 4,845 rentable square feet and known as Suite 102Tenant Improvements within the Premises, or (ii) the date this Lease is terminated in accordance with the provisions of Section 2 or any other provision of this Lease. The Temporary Premises are depicted is more particularly shown on Exhibit A G attached hereto. The “Temporary Premises Commencement Date” Tenant acknowledges and agrees that all of the terms and conditions of this Lease shall mean apply to the date that Landlord delivers leasing of the Temporary Premises to Tenant in the condition described below, which is anticipated to occur on the business day immediately after the execution of this Amendment. Notwithstanding anything to the contrary in this Section 1, Landlord’s failure to deliver as if the Temporary Premises were the Premises, except that: (a) the term of the lease with respect to Tenant on the estimated Temporary Premises Commencement Date shall not be a default by Landlord or otherwise render Landlord liable for damages. Tenant’s lease of the Temporary Premises shall be on as set forth in the same terms and conditions as applicable to the Premises, except that first sentence of this Section 42; (ib) during the period commencing on the later of December 1, 2009, or the substantial completion of Landlord’s Temporary Premises Work by Landlord (the “TP Rent Commencement Date and ending on Date”), Tenant shall commence paying Base Rent for the Temporary Premises Termination in the amount of $22,800 per month; (c) Tenant may commence using the Temporary Premises for the Permitted Use on the TP Delivery Date, Tenant but shall not be required to pay Base Rent or Operating Expenses with respect to its lease the Temporary Premises prior to the TP Rent Commencement Date, (d) Tenant’s Share of Operating Expenses for the Building with respect to the Temporary Premises shall be 15.77%; (e) Tenant shall not be required to deliver any Security Deposit in addition to the Security Deposit required to be delivered by Tenant pursuant to this Lease; (f) Landlord shall not be required to make any improvements to the Building or the Temporary Premises other than Landlord’s Temporary Premises Work and Tenant shall accept the Building and the Temporary Premises in their then “as is” condition; (g) notwithstanding anything to the contrary contained in Section 22, Tenant shall not have the right to sublease any portion of the Temporary Premises or assign the leasing of the Temporary Premises, and (iih) the provisions of Section 39 and 40 shall not apply to the leasing of the Temporary Premises. Tenant acknowledges that Tenant shall be responsible for obtaining the certificate of occupancy and all licenses required for Tenant’s occupancy of the Temporary Premises including, without limitation, any Hazardous Materials-related licenses, and for delivering a Surrender Plan as provided for in this Lease with respect to the Temporary Premises. For the purposes of this Section 42, Tenant “Landlord’s Temporary Premises Work” shall not be required to pay Tenant’s Share of Building Direct Expenses, and (iii) no additional parking passes shall be allocated to Tenant in connection with its lease mean substantial completion of the Temporary Premises. The Temporary Premises are accepted by Tenant in “as is” condition and configuration without any representations or warranties by Landlord and Landlord shall have no obligation to make or pay for any alterations, additions, improvements or renovations in the Temporary Premises to prepare the Temporary Premises for Tenant’s occupancy. On the Temporary Premises Termination Date or such earlier termination of Tenant’s lease of the Temporary Premises, Tenant shall surrender the Temporary Premises to Landlord in accordance with the terms of Article 15 of the Lease. Notwithstanding the foregoing, if Tenant occupies the Temporary Premises beyond the Temporary Premises Termination Date with Landlord’s consent, such occupancy shall be described on a month-to-month basis until terminated by either party upon at least fourteen (14) days prior written notice and, during such period, Tenant shall pay (x) Base Rent for the Temporary Premises in an amount equal to $28,101.00 per month, and (y) Tenant’s Share of Building Direct Expenses for the Temporary Premises. Tenant’s Share for the Temporary Premises shall be 3.6152%Exhibit H attached hereto.

Temporary Premises. During From and after the period commencing on full execution of this Lease by Landlord and Tenant and ending thirty (30) days after the Temporary Premises occurrence of the Commencement Date (as defined below) and ending sixty (60) days thereafter (the ““ Temporary Premises Termination DateExpiration Date ”), Landlord shall lease to Tenant, and Tenant shall lease from Landlord, temporary premises approximately twenty-four thousand nine hundred seven (the “Temporary Premises”24,907) rentable square feet located on the first fifth (1st5th) floor of the Building comprising approximately 4,845 rentable square feet and known as Suite 102. The (the “ Temporary Premises are depicted on Exhibit A attached hereto. The “Temporary Premises Commencement Date” shall mean ”) upon and subject to the date that Landlord delivers the Temporary Premises to Tenant in the condition described below, which is anticipated to occur on the business day immediately after the execution terms of this Amendment. Notwithstanding anything to the contrary in this Section 1, Landlord’s failure to deliver the Temporary Premises to Tenant on the estimated Temporary Premises Commencement Date shall not be a default by Landlord or otherwise render Landlord liable for damages. Tenant’s lease of the Temporary Premises shall be on the same terms and conditions as applicable to the PremisesLease, except that (i) during the period commencing on the Temporary Premises Commencement Date and ending on the Temporary Premises Termination Date, Tenant shall not be required to pay Base Minimum Monthly Rent or Operating Costs, Insurance Costs or Taxes with respect to its lease such Temporary Premises (provided, however, that Tenant shall pay to Landlord costs of janitorial services, separately-metered utilities and other services provided to Tenant). Tenant accepts the Temporary Premises, (ii) with respect to the Temporary Premises, Tenant shall not be required to pay Tenant’s Share of Building Direct Expenses, and (iii) no additional parking passes shall be allocated to Tenant Premises in connection with its lease of the Temporary Premises. The Temporary Premises are accepted by Tenant in “as is” condition and configuration without any representations or warranties by Landlord and agrees that Landlord shall have no obligation to make improve or pay for any alterations, additions, improvements otherwise alter the Temporary Premises. Any installation of cabling or renovations wiring in the Temporary Premises to prepare the Temporary Premises for by Tenant shall be performed by Tenant at Tenant’s occupancysole cost and expense and in accordance with the terms of Article 12 below. On the Temporary Premises Termination Expiration Date or such earlier termination of Tenant’s lease of the Temporary Premisesdate if this Lease is terminated, Tenant shall surrender the Temporary Premises to Landlord in accordance with the terms of Article 15 27 of the this Lease. Notwithstanding On or before the foregoing, if date that Tenant occupies surrenders the Temporary Premises beyond to Landlord, Tenant shall remove its cabling and wiring from the Temporary Premises Termination Date with Landlord’s consent, such occupancy and shall be on a month-to-month basis until terminated by either party upon at least fourteen (14) days prior written notice and, during such period, Tenant shall pay (x) Base Rent for restore the Temporary Premises in an amount equal to $28,101.00 per month, and (y) Tenant’s Share substantially the same condition existing as of Building Direct Expenses for the date Tenant takes occupancy of the Temporary Premises. Tenant’s Share for the Temporary Premises shall be 3.6152%, reasonable wear and tear, damage by casualty or condemnation excepted.

Temporary Premises. During the period commencing Sublandlord hereby sublets to Subtenant and Subtenant hereby sublets from Sublandlord 29,000 rentable square feet of space on the Temporary Premises Commencement Date (first floor of the Building, as defined below) shown on Exhibit A-4 attached hereto and ending sixty (60) days thereafter (the “Temporary Premises Termination Date”), Landlord shall lease to Tenant, and Tenant shall lease from Landlord, temporary premises made a part hereof (the “Temporary Premises”) located on the first (1st) floor of the Building comprising approximately 4,845 rentable square feet and known as Suite 102. The Temporary Premises are depicted on Exhibit A attached hereto. The “Temporary Premises Commencement Date” shall mean the date that Landlord delivers the Temporary Premises to Tenant in the condition described below, which is anticipated to occur on the business day immediately after the execution of this Amendment. Notwithstanding anything to the contrary in this Section 1, Landlord’s failure to deliver the Temporary Premises to Tenant on the estimated Temporary Premises Commencement Date shall not be for a default by Landlord or otherwise render Landlord liable for damages. Tenant’s lease of the Temporary Premises shall be on the same terms and conditions as applicable to the Premises, except that (i) during the period term commencing on the Temporary Premises Commencement Effective Date and ending expiring on the Temporary Premises Termination Date, Tenant shall not be required to pay Base Rent with respect to its lease last day of the Temporary Premises, (ii) with respect to month during which the Temporary Premises, Tenant shall not be required to pay Tenant’s Share of Building Direct Expenses, and (iii) no additional parking passes shall be allocated to Tenant in connection with its lease first anniversary of the Temporary PremisesEffective Date occurs. The Temporary Premises are accepted by Tenant in “as is” condition and configuration without any representations or warranties by Landlord and Landlord shall have no obligation to make or pay for any alterations, additions, improvements or renovations in the Temporary Premises to prepare the Temporary Premises for Tenant’s occupancy. On the Temporary Premises Termination Date or such earlier termination of Tenant’s lease of the Temporary Premises, Tenant shall surrender the Temporary Premises to Landlord in accordance with the terms of Article 15 of the Lease. Notwithstanding the foregoing, if Tenant occupies the Temporary Premises beyond the Temporary Premises Termination Date with Landlord’s consent, such occupancy shall be on a month-to-month basis until terminated by either party upon at least fourteen (14) days prior written notice and, during such period, Tenant shall pay (x) Base Rent for the Temporary Premises in an amount equal to $28,101.00 per month, and (y) Tenant’s Share of Building Direct Expenses for the Temporary Premises. Tenant’s Share for the Temporary Premises shall be 3.6152%at the rate of One Hundred Forty Five Thousand Dollars ($145,000) per annum, payable, in advance, in equal monthly installments on the first day of each calendar month, except that rent for the period from the Effective Date through the last day of the month during which the Effective Date occurs shall be paid within three (3) days following the Effective Date. Subtenant shall accept the Temporary Premises in its “as is” condition as of the date hereof, subject to reasonable wear and tear between the date hereof and the Effective Date. To the extent Sublandlord receives such sums from Landlord under the Master Lease, Sublandlord shall pay to Subtenant, as a tenant improvement allowance, the sum of One Hundred Forty Five Thousand Dollars ($145,000) payable in twelve (12) equal monthly installments on the first day of each calendar month commencing on the first day of the calendar month following the calendar month during which the Effective Date occurs. If and to the extent that Sublandlord fails to pay to Subtenant any portion of the tenant improvement allowance payable pursuant to this Section 45, Subtenant shall have the right to offset such unpaid tenant improvement allowance against rent for the Temporary Premises. In the event that Landlord terminates the lease of the Temporary Space to Sublandlord, the subleasing of the Temporary Space to Subtenant shall automatically be terminated effective as of the day preceding the effective date of the termination of the lease of the Temporary Space. Except to the extent otherwise specifically provided in this Section 45, the subleasing of the Temporary Space is upon the same terms, covenants and conditions as are set forth in this Sublease.