Common use of Tenant Relocation Clause in Contracts

Tenant Relocation. It is specifically agreed between Landlord and Tenant that Landlord shall have the one (1) time right at any time during the Term of this Lease (including without limitation the primary or any renewal or extension term thereof) to substitute, instead of the Premises, other space of at least the area of the Premises (such other space being hereinafter referred to as the "SUBSTITUTION SPACE") located anywhere in the Building; provided, however, that such Substitution Space (i) contains at least the same number of windows (with the same or substantially similar exposure) and at least the same number of offices as the Premises, (ii) consists of at least the same square footage as the Premises, (iii) has a similar or better layout as the Premises and (iv) is not substantially blocked by signage. Landlord shall exercise such right by giving Tenant at least thirty (30) days' prior written notice specifying the effective date of such substitution of the Substitution Space, whereupon, as of such effective date: (a) The description of the Premises set forth in the Lease shall, without further act on the part of Landlord or Tenant, be deemed amended so that the Substitution Space shall be deemed to be the Premises under the Lease, and all of the terms, covenants, conditions and provisions and agreements of the Lease shall continue in full force and effect and apply to the Substitution Space; and (b) Tenant shall move from the original Premises into the Substitution Space on or before the effective date stated in Landlord's notice and shall vacate and surrender possession to Landlord of the original Premises; and (c) Subject to the other provisions of this subsection (c), Tenant shall be deemed to have accepted possession of the Substitution Space in its "AS IS" condition as of the effective date stated in Landlord's notice. If Landlord exercises this relocation right, Landlord shall pay directly, upon presentation of invoices, for any of Tenant's actual and reasonable out-of-pocket expenses for moving and installing Tenant's furniture, equipment, supplies, telephones and telephone equipment and all of Tenant's other property in the Premises from the original Premises to the Substitution Space, which move and installation (the "MOVE") shall be accomplished during the period beginning with the close of Tenant's business on a Friday and ending with the opening of Tenant's business on the next following Monday, but Tenant shall not be compensated and Landlord shall not be liable for any inconvenience to the Tenant or for any interruption of Tenant's business or affairs. Additionally, Landlord, at Landlord' s expense, shall alter the Substitution Space in substantially the same manner as the original Premises were initially constructed by Tenant in connection with the Initial Alterations and the effective date of the substitution of the Substitution Space shall not be deemed to have occurred until the substantial completion of such alterations. If Tenant requests materials or installations in the Substitution Space other than those originally installed by Landlord in the original Premises or if Tenant shall make any changes in the work, Landlord's written consent thereto shall be required and Tenant shall pay to Landlord, if Landlord so gives its consent, the extra costs of any such materials, installations or changes in the work. Landlord at its discretion may substitute materials of like quality for the materials originally utilized in proceeding with any such work. (d) In the event that the Substitution Space shall either (A) be on a floor lower than the fourteenth (14th) floor of the Building or (B) be on a higher floor of the Building but with an exposure other than the Southwest exposure of the Premises, the Rent for such Substitution Space shall be the lesser of (x) the Rent set forth in subsection 1.2(iii) of this Lease, or (y) the then fair market rent for the Substitution Space, as such rent shall be reasonably determined by Landlord.

Tenant Relocation. It is specifically agreed between Landlord and Tenant that Landlord shall have may, upon not less than 60 days notice to Tenant, relocate the one (1) time right at any time during the Term of this Lease (including without limitation the primary Premises or any renewal or extension term thereofportion thereof ("RELOCATED PREMISES") to substitute, instead any other premises within the Building ("SUBSTITUTE PREMISES") on a date of the Premises, other space of at least the area of the Premises relocation (such other space being hereinafter referred to as the "SUBSTITUTION SPACERELOCATION DATE") located anywhere in the Buildingspecified therein; provided, however, that such Substitution Space (i) contains at least Landlord may only relocate portions of the same number of windows (with the same or substantially similar exposure) Premises located on a floor in their entirety; and at least the same number of offices as the Premises, (ii) consists Landlord may not relocate Tenant and Tenant's subtenant occupying the 12th floor of at least the Premises without the consent of Tenant's subtenant. In the event that Tenant amends or extends or otherwise allows the transfer of the Sublease, Tenant agrees to exert reasonable efforts to obtain subtenant's consent to this provision. The Substitute Premises shall in all respects be reasonably the same square footage as the Relocated Premises in area, finish, and appropriateness for the Permitted Use. The Rentable Area of the Substitute Premises shall be approximately the same as the Rentable Area of the Relocated Premises or, if greater than the Relocated Premises, Tenant shall not be charged Rent (iiiincluding Basic Operating Costs) has a similar or better layout as for such additional Rentable Area (and all such additional Rentable Area shall be improved, at Landlord's Expense, to the extent reasonably consistent with the remainder of the Substitute Premises) and the Substitute Premises shall be reasonably comparable in all material respects to the Relocated Premises (including offices, conference areas, storage areas and (iv) is not substantially blocked by signagelobby area), all at the sole cost and expense of Landlord. Landlord The Substitute Premises shall exercise such right by giving Tenant comply with all applicable laws, regulations and codes, all at least thirty (30) days' prior written notice specifying the sole cost and expense of Landlord. On the effective date of such substitution of relocation, the Substitution Space, whereupon, as of such effective date: (a) The description Substitute Premises shall be deemed part of the Premises set forth in and the Lease shall, without further act on the Relocated Premises shall no longer be a part of Landlord or the Premises. For purposes of determining Tenant's Share (and for purposes of any other proration under this Lease) after the Relocation Date, be deemed amended so that the Substitution Space Rentable Area of the Premises shall be deemed to be the Premises under lesser of (i) 34,982 square feet or (ii) the Lease, and all actual Rentable Area of the termsPremises, covenantsincluding the Relocated Premises, conditions and provisions and agreements of the Lease expressed in square feet. Landlord shall continue in full force and effect and apply use reasonable efforts to the Substitution Space; and (b) Tenant shall move from the original Premises into the Substitution Space on or before the effective date stated in Landlord's notice and shall vacate and surrender possession to Landlord of the original Premises; and (c) Subject to the other provisions of this subsection (c), Tenant shall be deemed to have accepted tender possession of the Substitution Space in its "AS IS" condition Relocated Premises, improved as aforesaid to Tenant not later than fifteen (15) days prior to the Relocation Date. Rent for the Relocated Premises shall cease and shall commence for the Substitute Premises on the earlier of (i) Tenant vacating the Relocated Premises or (ii) fifteen (15) days after Landlord tenders possession of the effective date stated in Landlord's noticeRelocated Floor to Tenant, improved as aforesaid. If Landlord exercises this relocation rightLandlord's right to relocate Tenant, Landlord shall will promptly pay directly, upon presentation the cost of invoices, or reimburse Tenant for any of Tenant's actual and reasonable out-of-pocket expenses for (i) packing, moving and installing reinstalling Tenant's signage, furniture, artworks, equipment, files, computer network (including cabling), supplies, telephones and telephone equipment and all of other communication equipment, (ii) reprinting Tenant's stationery, business cards and other property printed material containing Tenant's address, of the same quality and in the same quantity as that on hand at the time of the receipt of the Relocation Notice, (iii) printing and mailing announcements relative to Tenant's move, (iv) additional space planning and decoration consultation if the configuration of the Substitute Premises is different from the original Relocated Premises to the Substitution Space, which move and installation (the "MOVE"v) shall be accomplished during the period beginning with the close of Tenant's business on a Friday and ending with the opening of Tenant's business on the next following Monday, but Tenant shall not be compensated and Landlord shall not be liable for any inconvenience to the Tenant or for any interruption of Tenant's business or affairs. Additionally, Landlord, at Landlord' s expense, shall alter the Substitution Space in substantially the same manner as the original Premises were initially constructed other out-of-pocket costs incurred by Tenant in connection with Tenant's relocation. Requests for direct payment of any of the Initial Alterations foregoing amounts shall be accompanied by the original third party invoices therefor and requests for reimbursement of any such amounts shall be accompanied by reasonable supporting documentation. Any material modification or upgrading of tenant improvements (unless Landlord is required to make such modification pursuant to this Paragraph 9), additional stationery, additional construction (if not occasioned by the Substitute Premises being larger than the Relocated Premises) or printing, if requested by Tenant, will be at the sole cost of Tenant. Tenant shall have the option, effective as of the Relocation Date, either to enter into an appropriate lease amendment relocating the Relocated Premises, or to terminate this Lease, which option shall be exercised within 15 business days following receipt of Landlord's Relocation Notice. Failure of Tenant to choose either option within such period shall constitute Tenant's election to relocate. If Tenant elects to terminate this Lease, such termination shall be effective one hundred twenty (120) days following the date of the substitution Tenant's receipt of the Substitution Space Relocation Notice, and Tenant shall not be deemed required to have occurred until relocate the substantial completion of such alterations. If Tenant requests materials or installations in the Substitution Space other than those originally installed by Landlord in the original Substitute Premises or if Tenant shall make any changes in the work, Landlord's written consent thereto shall be required and Tenant shall pay to Landlord, if Landlord so gives pending its consent, the extra costs of any such materials, installations or changes in the work. Landlord at its discretion may substitute materials of like quality for the materials originally utilized in proceeding with any such work. (d) In the event that the Substitution Space shall either (A) be on a floor lower than the fourteenth (14th) floor of the Building or (B) be on a higher floor of the Building but with an exposure other than the Southwest exposure of vacating the Premises, the Rent for such Substitution Space shall be the lesser of (x) the Rent set forth in subsection 1.2(iii) of this Lease, or (y) the then fair market rent for the Substitution Space, as such rent shall be reasonably determined by Landlord.

Tenant Relocation. It Seller shall make commercially reasonable best efforts to expeditiously consolidate the existing Tenants of the portion of the Property known as 0000 X. Xxxxx Xxxxxx into the portion of the Property known as 0000 X. Xxxxx Xxx. (collectively the “Relocating Tenants”), in order to make the portion of the Property known as 0000 X. Xxxxx Xxxxxx available for occupancy by Buyer by January 18, 2012. Buyer and Seller in good faith shall collaborate and shall come up with a mutually agreeable plan within (3) days after execution (“Approved Tenant Relocations”) of this Agreement, to designate which tenant is specifically agreed between Landlord and Tenant that Landlord offered relocation, reduction, termination or off premises relocation. Buyer shall have sole and absolute discretion to reject any relocation plan offered by Seller and Buyer may terminate this agreement and receive the one (1) time right at any time during Deposit back if Buyer does not approve the Term of this Lease (including without limitation Approved Tenant Relocations plan. Should Seller be unable to effectuate the primary relocation pursuant to the Approved Tenant Relocations by January 17, 2012, or any renewal or extension term thereof) as it may be extended consistent with Section 4.2, January 20, 2012, Buyer may thereafter elect in its sole discretion to substitute, instead of the Premises, other space of at least the area of the Premises (such other space being hereinafter referred to as the "SUBSTITUTION SPACE") located anywhere in the Building; provided, however, that such Substitution Space (i) contains at least terminate this agreement and receive the same number of windows (with the same Deposit back or substantially similar exposure) and at least the same number of offices as the Premises, (ii) consists complete the Closing and receive a credit of at least the same $30 per rentable square foot for any square footage as the Premises, (iii) has a similar or better layout as the Premises and (iv) is not substantially blocked by signage. Landlord shall exercise such right by giving Tenant at least thirty (30) days' prior written notice specifying the effective date of such substitution of the Substitution Space, whereupon, as of such effective date: (a) The description of the Premises set forth Relocating Tenants remaining in the Lease shall, without further act on 0000 X. Xxxxx Xxxxxx building against the part of Landlord or Tenant, be deemed amended so that the Substitution Space shall be deemed to be the Premises under the Lease, and all of the terms, covenants, conditions and provisions and agreements of the Lease shall continue in full force and effect and apply to the Substitution Space; and (b) Tenant shall move from the original Premises into the Substitution Space on or before the effective date stated in Landlord's notice and shall vacate and surrender possession to Landlord of the original Premises; and (c) Subject to the other provisions of this subsection (c), Tenant shall be deemed to have accepted possession of the Substitution Space in its "AS IS" condition as of the effective date stated in Landlord's notice. If Landlord exercises this relocation right, Landlord shall pay directly, upon presentation of invoices, for any of Tenant's actual and reasonable out-of-pocket expenses for moving and installing Tenant's furniture, equipment, supplies, telephones and telephone equipment and all of Tenant's other property in the Premises from the original Premises to the Substitution Space, which move and installation Purchase Price (the "MOVEBuyer Relocation Credit") ). Any actual documented expenditures made by Seller pursuant to Approved Tenant Relocations for any such remaining Relocating Tenants shall be accomplished during deducted from the period beginning with the close Buyer Relocation Credit. Any compensation, reimbursement of Tenant's business on a Friday and ending with the opening of Tenant's business on the next following Mondaycosts, but Tenant shall not be compensated and Landlord shall not be liable for any inconvenience tenant improvement allowances, rent credits, rent reductions or other consideration payable to the Tenant Relocating Tenants or for any interruption of Tenant's business or affairs. Additionally, Landlord, at Landlord' s expense, shall alter the Substitution Space in substantially the same manner as the original Premises were initially constructed by Tenant in connection with the Initial Alterations and the effective date relocation of the substitution Relocating Tenants or any other costs and expenses associated with the relocation of the Substitution Space Relocating Tenants (collectively the “Relocation Consideration”) shall be the sole responsibility of Seller and shall credited to the Purchase Price at the Close of Escrow. If Buyer elects to complete the Closing, receive the Buyer Relocation Credit, and complete the Approved Tenant Relocations, then Buyer shall not be deemed entitled to have occurred until the substantial completion of such alterations. If Tenant requests materials or installations in the Substitution Space other than those originally installed by Landlord in the original Premises or if Tenant shall make any changes in the work, Landlord's written consent thereto shall be required and Tenant shall pay to Landlord, if Landlord so gives its consent, the extra costs of any such materials, installations or changes in the work. Landlord at its discretion may substitute materials of like quality for the materials originally utilized in proceeding with any such workan Extension Credit under Section 4.2. (d) In the event that the Substitution Space shall either (A) be on a floor lower than the fourteenth (14th) floor of the Building or (B) be on a higher floor of the Building but with an exposure other than the Southwest exposure of the Premises, the Rent for such Substitution Space shall be the lesser of (x) the Rent set forth in subsection 1.2(iii) of this Lease, or (y) the then fair market rent for the Substitution Space, as such rent shall be reasonably determined by Landlord.

Tenant Relocation. It is specifically agreed between Landlord and Tenant that Landlord shall have expressly reserves the one right (1) time right at any time but only once during the Term of this Lease (including without limitation the primary or any renewal or extension term thereof) Term), to substitute, instead of the Premises, other space of at least the area of the Premises (such other space being hereinafter referred to as the "SUBSTITUTION SPACE") located anywhere in the Building; provided, however, that such Substitution Space (i) contains at least the same number of windows (with the same or substantially similar exposure) and at least the same number of offices as the Premises, (ii) consists of at least the same square footage as the Premises, (iii) has a similar or better layout as remove Tenant from the Premises and (iv) is not substantially blocked by signage. Landlord shall exercise such right by giving to relocate Tenant at least thirty (30) days' prior written notice specifying the effective date of such substitution of the Substitution Space, whereupon, as of such effective date: (a) The description of the Premises set forth to another premises in the Lease shallBuilding (the “New Premises”), without further act on in which event the part of Landlord or Tenant, be deemed amended so that the Substitution Space New Premises shall be deemed to be the Premises for all purposes under the this Lease, and all of provided that (i) the terms, covenants, conditions and provisions and agreements of the Lease shall continue in full force and effect and apply to the Substitution Space; and (b) Tenant shall move from the original New Premises into the Substitution Space on or before the effective date stated in Landlord's notice and shall vacate and surrender possession to Landlord of the original Premises; and (c) Subject to the other provisions of this subsection (c), Tenant shall be deemed substantially similar to have accepted possession of or better than the Substitution Space in its "AS IS" condition as of Premises with respect to area, configuration, quality, functionality, location and access; (ii) if Tenant is then occupying the effective date stated in Landlord's notice. If Landlord exercises this relocation rightPremises, Landlord shall pay directly, upon presentation of invoices, for any of Tenant's the actual and reasonable out-of-pocket expenses for moving and installing Tenant's furniture, equipment, supplies, telephones and telephone equipment and all of Tenant's other property in the Premises from the original Premises to the Substitution Space, which move and installation (the "MOVE") shall be accomplished during the period beginning with the close of Tenant's business on a Friday and ending with the opening of Tenant's business on the next following Monday, but Tenant shall not be compensated and Landlord shall not be liable for any inconvenience to the Tenant or for any interruption of Tenant's business or affairs. Additionally, Landlord, at Landlord' s expense, shall alter the Substitution Space in substantially the same manner as the original Premises were initially constructed related costs incurred by Tenant in connection with such move (including reinstalling equipment (including, without limitation, IT equipment), furniture, trade fixtures, supplies and other personal property and reimbursing Tenant for the Initial Alterations reasonable cost of replacing Tenant’s stationary and business cards to reflect the new Suite number); (iii) Landlord shall give Tenant not less than ninety (90) days’ prior written notice of such substitution; (iv) Landlord, at its expense, shall improve the New Premises with improvements substantially similar to or better than those in the Premises at the time of such substitution, if the Premises are then improved; and (v) effective as of the date of relocation, the substitution Monthly Base Rent, Rentable Area of the Substitution Space Premises and Tenant’s Share shall not be deemed to have occurred until adjusted accordingly; but in no event will the substantial completion Annual Base Rent and Txxxxx’s Share of Operating Expenses increase as a result of such alterationsrelocation. If Any relocation hereunder shall permit Tenant requests materials or installations in to move into the Substitution Space other than those originally installed by Landlord in the original Premises or substitute premises over a weekend, if Tenant shall make any changes in the workpracticable, Landlord's written consent thereto and shall be required accomplished as quickly as reasonably practicable with the least disruption of Tenant’s business operations as reasonably practicable. The parties, promptly after any such relocation, shall execute an appropriate amendment to this Lease acknowledging the relocation and Tenant shall pay to Landlordany reduction of Rent, if Landlord so gives its consent, the extra costs of any such materials, installations or changes in the work. Landlord at its discretion may substitute materials of like quality for the materials originally utilized in proceeding with any such workapplicable. (d) In the event that the Substitution Space shall either (A) be on a floor lower than the fourteenth (14th) floor of the Building or (B) be on a higher floor of the Building but with an exposure other than the Southwest exposure of the Premises, the Rent for such Substitution Space shall be the lesser of (x) the Rent set forth in subsection 1.2(iii) of this Lease, or (y) the then fair market rent for the Substitution Space, as such rent shall be reasonably determined by Landlord.