Common use of Terms for Offering Space Clause in Contracts

Terms for Offering Space. The term for the Offering Space shall commence upon the commencement date stated in the Advice and shall thereafter continue for the balance of the Term of this Lease as the same may be extended; provided, however, in the event the commencement date for Offering Space as set forth in the Advice is to commence on or after July 1, 2019, the term of the lease with respect to the Offering Space shall be the term set forth in the Advice with respect thereto. The Offering Space shall be added to the then Premises under this Lease on all of the terms and conditions of this Lease as the same may be amended from time to time except as hereinafter provided and except as provided in the immediately preceding sentence. In the event the Offering Space becomes a part of the Premises prior to July 1, 2019, as of the date the Offering Space term commences (i) the amount added to Base Rent on account of the Offering Space shall be the Annual Base Rent per Rentable Square Foot set forth in Section 1.11 of this Lease multiplied by the rentable square feet in the Offering Space and (ii) the Tenant’s Proportionate Expanse Share and Tenant’s Proportionate Tax Share shall be increased to reflect the additional square footage in the Premises and (iii) Tenant shall receive an improvement allowance to be used for Qualified Costs with respect to the Offering Space at a rate of $60.00 per rentable square foot in the Offering Space multiplied by the ratio of the number of months in the Offering Space term to the number of months in the original Term of this Lease, such improvement allowance to be administered on the same terms as the Allowance under ARTICLE 38, but only disbursed to the extent of Qualified Costs related to the Offering Space, without the right to apply any unused portion to rent and such improvement allowance must be requisitioned by the date which is fifteen (15) months following the date of delivery of the Offering Space, but the Offering Space shall be otherwise delivered in the condition set forth in the Advice. In the event the Offering Space becomes a part of the Premises after June 30, 2019, Base Rent under this Lease shall be increased by the Prevailing Market Rent (as hereinafter defined) for the Offering Space and the terms and conditions under which the Offering Space shall be leased (including, without limitation, the duration of the term for the Offering Space) shall otherwise be as set forth in the Advice with respect to the Offering Space.

Terms for Offering Space. (i) The term for the Offering Space shall commence upon the commencement date stated in the ROFO Advice and thereupon such Offering Space shall thereafter continue for be considered a part of the balance Premises, provided that all of the terms stated in the ROFO Advice shall govern Tenant’s leasing of the Offering Space and only to the extent that they do not conflict with the ROFO Advice, the terms and conditions of this Lease shall apply to the Offering Space. Notwithstanding the foregoing, in all events the Term of this the Lease as the same may be extended; provided, however, in the event the commencement date for Offering Space as set forth in the Advice is to commence on or after July 1, 2019, the term of the lease with respect to the Offering Space shall be co-terminous with the term set forth in Term of the Advice Lease with respect thereto. The to the balance of the Premises. (ii) Tenant shall pay Annual Fixed Rent and Additional Rent for the Offering Space shall be added to the then Premises under this Lease on all of in accordance with the terms and conditions of the ROFO Advice unless Tenant elects to have the Annual Fixed Rent and Additional Rent determined pursuant to Section V (D) of this Lease as Third Amendment. (iii) The Offering Space (including improvements and personalty, if any) shall be accepted by Tenant in its condition and as-built configuration existing on the same may be amended from time to time except as hereinafter provided and except as provided in earlier of the immediately preceding sentence. In the event date Tenant takes possession of the Offering Space becomes a part of the Premises prior to July 1, 2019, or as of the date the term for such Offering Space term commences (i) commences, unless the amount added ROFO Advice specifies any work to Base Rent on account be performed by Landlord in the Offering Space, in which case Landlord shall perform such work in the Offering Space. If Landlord is delayed delivering possession of the Offering Space shall be the Annual Base Rent per Rentable Square Foot set forth in Section 1.11 of this Lease multiplied by the rentable square feet in the Offering Space and (ii) the Tenant’s Proportionate Expanse Share and Tenant’s Proportionate Tax Share shall be increased to reflect the additional square footage in the Premises and (iii) Tenant shall receive an improvement allowance to be used for Qualified Costs with respect due to the Offering Space at a rate holdover or unlawful possession of $60.00 per rentable square foot in the Offering Space multiplied such space by the ratio any party, Landlord shall use reasonable efforts to obtain possession of the number of months in the Offering Space term to the number of months in the original Term of this Leasespace, such improvement allowance to be administered on the same terms as the Allowance under ARTICLE 38, but only disbursed to the extent of Qualified Costs related to the Offering Space, without the right to apply any unused portion to rent and such improvement allowance must be requisitioned by the date which is fifteen (15) months following the date of delivery of the Offering Space, but the Offering Space shall be otherwise delivered in the condition set forth in the Advice. In the event the Offering Space becomes a part of the Premises after June 30, 2019, Base Rent under this Lease shall be increased by the Prevailing Market Rent (as hereinafter defined) for the Offering Space and the terms and conditions under which the Offering Space shall be leased (including, without limitation, the duration commencement of the term for the Offering Space) Space shall otherwise be as set forth in postponed until the Advice with respect to date Landlord delivers possession of the Offering SpaceSpace to Tenant free from occupancy by any party.

Terms for Offering Space. A. The term Term for the Offering Space shall commence upon the commencement date stated in the Advice (and shall thereafter continue have a stated expiration date which is the same expiration date as that for the balance then existing Premises) and thereupon such Offering Space shall be considered a part of the Term Premises, provided that all of this Lease as the same may be extended; provided, however, terms stated in the event Advice shall govern Tenant’s leasing of the commencement date Offering Space and only to the extent that they do not conflict with the Advice, the terms and conditions of the Lease shall apply to the Offering Space. B. Tenant shall pay Base Rent and Additional Rent for the Offering Space in accordance with the terms and conditions of the Advice, which terms and conditions shall reflect the Prevailing Market rate for the Offering Space as determined in Landlord’s reasonable judgment. Notwithstanding the foregoing or any other provision herein to the contrary, with respect to any Offering Space for which the Tenant has delivered a Notice of Exercise within the first 12 months of the Term, (a) the annual Base Rent rate per rentable square foot shall be the rate set forth in Section 1.4 above, (b) the Advice is to commence on abatement of Base Rent provision set forth in such Section 1.4 above shall be of no force or after July 1effect, 2019and (c) Tenant shall pay a Tenant’s Share of Expenses and Taxes, the term of the lease with respect to the Offering Space shall be Space, calculated in accordance with the term set forth in terms of the Advice with respect thereto. Lease, but without giving effect to final sentence of Section 1.6 of the Lease. C. The Offering Space (including improvements and personalty, if any) shall be added to accepted by Tenant in its condition and as-built configuration existing on the then Premises under this Lease on all earlier of the terms and conditions date Tenant takes possession of this Lease as the same may be amended from time to time except as hereinafter provided and except as provided in the immediately preceding sentence. In the event the Offering Space becomes a part of the Premises prior to July 1, 2019, or as of the date the term for such Offering Space term commences (i) commences, unless the amount added Advice specifies any work to Base Rent on account be performed by Landlord in the Offering Space, in which case Landlord shall perform such work in the Offering Space at Landlord’s sole cost and expense. Notwithstanding the foregoing, with respect to any Offering Space for which the Tenant has delivered a Notice of Exercise within the first 12 months of the Term, Tenant shall be entitled to an allowance for each such Offering Space in accordance with the provisions of subsection D below. If Landlord is delayed delivering possession of the Offering Space shall be the Annual Base Rent per Rentable Square Foot set forth in Section 1.11 of this Lease multiplied by the rentable square feet in the Offering Space and (ii) the Tenant’s Proportionate Expanse Share and Tenant’s Proportionate Tax Share shall be increased to reflect the additional square footage in the Premises and (iii) Tenant shall receive an improvement allowance to be used for Qualified Costs with respect due to the Offering Space at a rate holdover or unlawful possession of $60.00 per rentable square foot in the Offering Space multiplied such space by the ratio any party, Landlord shall use reasonable efforts to obtain possession of the number of months in the Offering Space term to the number of months in the original Term of this Leasespace, such improvement allowance to be administered on the same terms as the Allowance under ARTICLE 38, but only disbursed to the extent of Qualified Costs related to the Offering Space, without the right to apply any unused portion to rent and such improvement allowance must be requisitioned by the date which is fifteen (15) months following the date of delivery of the Offering Space, but the Offering Space shall be otherwise delivered in the condition set forth in the Advice. In the event the Offering Space becomes a part of the Premises after June 30, 2019, Base Rent under this Lease shall be increased by the Prevailing Market Rent (as hereinafter defined) for the Offering Space and the terms and conditions under which the Offering Space shall be leased (including, without limitation, the duration commencement of the term for the Offering SpaceSpace shall be postponed until the date Landlord delivers possession of the Offering Space to Tenant free from occupancy by any party. D. The following provisions of this subsection D shall apply only to the Offering Space for which Tenant has delivered a Notice of Exercise within the first 12 months of the Term, and the following provisions shall not apply to any other premises. Tenant shall be entitled to a one-time tenant improvement allowance (in each case, an “Offering Space Allowance”) shall otherwise be as set forth in the Advice amount of $15.00 per rentable square foot of Offering Space to be applied towards the Offering Space Allowance Items (defined below). Except as otherwise provided herein, the Offering Space Allowance shall be disbursed by Landlord only for the following items in connection with respect any Alterations made after the date hereof in accordance with Section 7.2 of the Lease (the “Offering Space Allowance Items”): (a) the fees of Tenant’s architect and engineers, if any, and any third party out-of-pocket costs or fees reasonably incurred by Landlord for review of Tenant’s plans and specifications (in each case, the “Offering Space Plans”) by Landlord’s third party consultants; (b) plan-check, permit and license fees relating to the performance of the Alterations; (c) the cost of performing the Alterations; (d) the Landlord’s oversight and coordination fee (as described in Section 7.2 of the Lease); and (e) sales and use taxes. Tenant shall be responsible for all costs associated with the Alterations, including the costs of the Offering Space Allowance Items, to the extent such costs exceed the lesser of (x) the undistributed or unapplied portion of the applicable Offering Space Allowance, or (y) the aggregate amount that Landlord is required to disburse in relation to such Offering Space pursuant to this subsection D. Subject to the terms hereof, Landlord shall disburse the applicable Offering Space Allowance for Offering Space Allowance Items by delivering a check to Tenant, payable to Tenant, within 30 days after the latest of (1) the completion of the Alterations in accordance with the approved Offering Space Plans; (2) Landlord’s receipt of (i) paid invoices from all parties providing labor or materials to the Offering Space; (ii) executed unconditional mechanic’s lien releases satisfying California Civil Code § 3262(d) and Section 3262(d)(4); (iii) if applicable, a certificate from Tenant’s architect, in a form reasonably acceptable to Landlord, certifying that the Alterations for the applicable Offering Space have been substantially completed; (iv) evidence that all governmental approvals required for Tenant to legally occupy the Offering Space have been obtained; and (v) any other information reasonably requested by Landlord; (3) Tenant’s delivery to Landlord of “as built” drawings (in CAD format, if requested by Landlord); or (4) Tenant’s compliance with Landlord’s standard “close out” requirements regarding city approvals, closeout tasks, Tenant’s contractor, financial close-out matters, and Tenant’s vendors. Landlord’s disbursement shall not be deemed Landlord’s approval or acceptance of the Alterations. Notwithstanding any contrary provision of this Lease, if Tenant fails to use the entire applicable Offering Space Allowance by the one year anniversary of the commencement date of the Lease term for such Offering Space, then such unused amount (not to exceed $3.00 per rentable square foot of the Offering Space) shall be applied to Base Rent next coming due for the Offering Space, and the remaining unused amount shall revert to Landlord and Tenant shall have no further rights with respect thereto. Notwithstanding any contrary provision of this Amendment, if Tenant is in Default before the Allowance is distributed for a particular Offering Space, then Landlord shall have no further obligation to distribute the same unless such Default is cured prior to applicable deadline to use the applicable Offering Space Allowance and all other conditions for distribution are otherwise satisfied hereunder.

Terms for Offering Space. 1. The term for the Offering Space shall commence upon on (1) the commencement date stated Tenant commences to do business in the Advice and shall thereafter continue for Offering Space or (2) sixty (60) days after the balance date Landlord provides Tenant with possession of the Term of this Lease as the same may be extended; providedOffering Space, howeverwhichever first occurs, in the event the commencement date for and thereupon such Offering Space as set forth in the Advice is to commence on or after July 1, 2019, the term shall be considered a part of the lease Premises, provided that Tenant shall not be entitled to receive any abatements, allowances or other financial concessions granted with respect to the initial Premises unless the same are specifically set forth herein with respect to the Offering Space. Rent shall commence at the same time the term for the Offering Space commences, as provided above. 2. The initial annual Base Rent rate per square foot for the Offering Space shall be the Base Rent rate per square foot for the Premises on the date the term set forth for the Offering Space commences. The Base Rent rate for the Offering Space shall increase at such times and in such amount as Base Rent for the Advice with respect theretoPremises, it being the intent of Landlord and Tenant that the Base Rent rate per rentable square foot for the Offering Space shall always be the same as the Base Rent rate per rentable square foot for the Premises. 3. Tenant shall pay Additional Base Rent for the Offering Space on the same terms and conditions as described in Article IV of the Lease, including, without limitation, a Base Year of the calendar year in which Tenant occupies the Offering Space. 4. The Offering Space (including improvements and personalty, if any) shall be added to accepted by Tenant in its condition and as-built configuration existing on the then Premises under this Lease on all earlier of the terms and conditions date Tenant takes possession of this Lease as the same may be amended from time to time except as hereinafter provided and except as provided in the immediately preceding sentence. In the event the Offering Space becomes a part of the Premises prior to July 1, 2019, or as of the date the term for such Offering Space term commences (i) the amount added to Base Rent on account of the Offering Space commences. 5. Tenant shall be the Annual Base Rent per Rentable Square Foot set forth in Section 1.11 of this Lease multiplied by the rentable square feet in the Offering Space and (ii) the Tenant’s Proportionate Expanse Share and Tenant’s Proportionate Tax Share shall be increased entitled to reflect the additional square footage in the Premises and (iii) Tenant shall receive an improvement allowance to be used for Qualified Costs with respect to (the “Work Allowance”) per square foot of Rentable Square Footage of Offering Space at a rate of leased by Tenant in an amount determined by multiplying $60.00 per rentable square foot in the Offering Space multiplied 0.1667 by the ratio of the number of full calendar months remaining in the Offering Space term to the number of months in the original initial Term of this Lease, such improvement allowance to be administered on the same terms as the Allowance under ARTICLE 38, but only disbursed to the extent of Qualified Costs related to commencement date for the Offering Space. For example, without if there are thirty (30) full calendar months remaining in the right to apply any unused portion to rent and such improvement allowance must be requisitioned by initial Term on the commencement date which is fifteen (15) months following the date of delivery of the Offering Space, but Tenant shall be entitled to receive a Work Allowance of $5.00 per square foot of Rentable Square Footage of Offering Space ($0.1667 x 30 months = $5.00). Such Work Allowance shall be applied toward the cost of initial improvements to be performed in the Offering Space (the “Improvements”), including the cost of preparing plans, drawings and specifications in connection therewith. The Work Allowance shall be otherwise delivered disbursed as follows: During construction of the Improvements, upon receipt by Landlord of necessary waivers of mechanics liens from the general contractor and the subcontractors retained by Tenant, percentage completion certificates from Tenant, the general contractor and Tenant’s architect, a sworn contractor’s affidavit from the general contractor and a request to disburse from Tenant containing an approval by Tenant of the work done, Landlord shall disburse the Work Allowance funds within thirty (30) days of receipt of the documentation provided above, subject to ten percent (10%) retention, to the order of the general contractor or, at Landlord’s election, to the joint order of the general contractor and all included subcontractors. If the cost of the Improvements exceeds the Work Allowance, then the Work Allowance will be disbursed in the condition set forth in proportion that the Advice. In Work Allowance bears to the event the Offering Space becomes a part total cost of the Premises after June 30Improvements. Upon completion of the Improvements, 2019and prior to final disbursement of the Work Allowance, Base Rent Tenant shall furnish Landlord with: (a) general contractor and architectural completion affidavits, (b) full and final waivers of lien, (c) receipted bills covering all labor and materials expended and used, (d) as-built plans of the Improvements and (e) the certification of Tenant and its architect that the Improvements have been installed in a good and workmanlike manner in accordance with the approved plans, and in accordance with applicable codes and ordinances. Notwithstanding anything herein to the contrary, Landlord shall not be obligated to disburse any portion of the Work Allowance during the continuance of an uncured default under this Lease the Lease, and Landlord’s obligation to disburse shall only resume when and if such default is cured. The Work Allowance may only be increased by used for the Prevailing Market Rent (as hereinafter defined) cost of labor, material and contractors fees for the Improvements to the Offering Space and the terms cost of preparing plans and conditions under which drawings in connection therewith. In no event shall the Offering Space Work Allowance be used for the purchase of equipment, furniture and other items of personal property of Tenant. If Landlord supervises the construction of the Improvements, then Landlord shall be leased (including, without limitation, entitled to deduct from the duration Work Allowance a construction management fee for Landlord’s oversight of the term for Improvements; in an amount equal to four and one half percent (4 1/2%) of the Offering Space) shall otherwise be as set forth in total cost of the Advice with respect to the Offering SpaceImprovements.

Terms for Offering Space. (a) The term for the Offering Space shall commence upon the commencement date stated in the Advice Advice; provided, however that such date shall not be earlier than 60 days after the date of availability of such Offering Space and not later than 90 days after the date of availability of such Offering Space. From and after such commencement date, the Offering Space shall thereafter continue for the balance be considered a part of the Premises, and the Lease Term with respect to such Offering Space shall expire on the Extended Termination Date, provided that all of the terms stated in the Advice shall govern Tenant’s leasing of the Offering Space and only to the extent that they do not conflict with the Advice, the terms and conditions of this Lease as shall apply to the same may be extendedOffering Space. (b) Tenant shall pay Base Rent and Additional Rent for the Offering Space in accordance with the terms and conditions of the Advice; provided, however, in that the event the commencement date for Offering Space as set forth in the Advice is to commence on or after July 1, 2019, the term of the lease Base Year with respect to the Offering Space shall be 2005 and the term set forth in Base Rent rate payable by Tenant for the Advice with respect thereto. The Offering Space shall be added to $25.85 per rentable square foot per year. (c) The Offering Space (including improvements and personalty, if any) shall be accepted by Tenant in its condition and as-built configuration existing on the then Premises under this Lease on all earlier of the terms and conditions date Tenant takes possession of this Lease as the same may be amended from time to time except as hereinafter provided and except as provided in the immediately preceding sentence. In the event the Offering Space becomes a part or as of the Premises prior date the term for such Offering Space commences, unless the Advice specifies any work to July 1be performed by Landlord in the Offering Space, 2019in which case Landlord shall perform such work in the Offering Space. If Landlord is delayed delivering possession of the Offering Space due to the holdover or unlawful possession of such space by any party, Landlord shall use reasonable efforts to obtain possession of the space, and the commencement of the term for the Offering Space shall be postponed until the date Landlord delivers possession of the Offering Space to Tenant free from occupancy by any party. Notwithstanding the foregoing, Landlord shall provide Tenant a tenant improvement allowance with respect to of the Offering Space, on a “per rentable square foot” basis, equal to $12.00 multiplied by a fraction, the numerator of which is the number of complete calendar months remaining in the Lease Term until the Extended Termination Date as of the date the Offering Space term commences (i) is delivered to Tenant, and the amount added to Base Rent on account denominator of the Offering Space shall be the Annual Base Rent per Rentable Square Foot set forth in Section 1.11 of this Lease multiplied by the rentable square feet in the Offering Space and (ii) the Tenant’s Proportionate Expanse Share and Tenant’s Proportionate Tax Share shall be increased to reflect the additional square footage in the Premises and (iii) Tenant shall receive an improvement allowance to be used for Qualified Costs with respect to the Offering Space at a rate of $60.00 per rentable square foot in the Offering Space multiplied by the ratio of the number of months in the Offering Space term to the number of months in the original Term of this Lease, such improvement allowance to be administered on the same terms as the Allowance under ARTICLE 38, but only disbursed to the extent of Qualified Costs related to the Offering Space, without the right to apply any unused portion to rent and such improvement allowance must be requisitioned by the date which is fifteen (15) months following the date of delivery of the Offering Space, but the Offering Space shall be otherwise delivered in the condition set forth in the Advice. In the event the Offering Space becomes a part of the Premises after June 30, 2019, Base Rent under this Lease shall be increased by the Prevailing Market Rent (as hereinafter defined) for the Offering Space and the terms and conditions under which the Offering Space shall be leased (including, without limitation, the duration of the term for the Offering Space) shall otherwise be as set forth in the Advice with respect to the Offering Space87.

Terms for Offering Space. (a) The term for the applicable portion of the Offering Space set forth in such Advice shall commence upon the commencement date stated in the Advice and shall thereafter continue for end upon the balance of the Term of this Lease Expiration Date as the same may be extended; provided, however, in the event . Effective as of the commencement date for Offering Space as set forth stated in the Advice is to commence on or after July 1Advice, 2019, the term of the lease with respect to the such Offering Space shall be considered a part of the term set forth Premises, provided that all of the terms stated in the Advice with respect thereto. The shall govern Tenant's leasing such portion of the Offering Space shall be added and only to the then Premises under this Lease on all of extent that they do not conflict with the Advice, the terms and conditions of this Lease as shall apply to such portion of the same may be amended from time to time except as hereinafter provided Offering Space. (b) Tenant shall pay Base Rent and except as provided in additional rent for the immediately preceding sentence. In the event applicable portion of the Offering Space becomes a part in accordance with the terms and conditions of the Premises prior to July 1Advice, 2019which terms and conditions shall reflect the fair market rental value of the Offering Space and such other terms and conditions, including a commercially reasonable tenant improvement allowance, all as determined in Landlord's reasonable judgment. {X00000000.9 } (c) The applicable portion of the Offering Space (including improvements and, so long as Landlord and Tenant have agreed upon same in writing, personal property, if any) shall be accepted by Tenant in its condition and as-built configuration existing on the earlier of the date Tenant takes possession of such portion of the Offering Space or as of the date the term for such portion of the Offering Space commences, unless the Advice specifies any work to be performed by Landlord in the applicable portion of the Offering Space, in which case Landlord shall perform such work in the applicable portion of the Offering Space. If Landlord is delayed delivering possession of the applicable portion of the Offering Space set forth in the Advice due to the holdover or unlawful possession of such space by any party, Landlord shall use diligent efforts to obtain possession of the space, and the commencement of the term commences (i) the amount added to Base Rent on account for such applicable portion of the Offering Space shall be postponed until the Annual Base Rent per Rentable Square Foot set forth in Section 1.11 date Landlord delivers possession of this Lease multiplied by the rentable square feet in applicable portion of the Offering Space to Tenant free from occupancy by any party. (d) If Tenant exercises its Right of First Offer, and (ii) if Tenant has not yet utilized all of the Tenant’s Proportionate Expanse Share and Tenant’s Proportionate Tax Share shall be increased Allowance prior to reflect its exercise of the additional square footage in Right of First Offer, Tenant may apply the then-remaining balance of the Allowance to any portion of the Premises and (iii) Tenant shall receive an improvement allowance to then-leased by Tenant. For purpose of clarification, if a Right of First Offer option is exercised, the Allowance may be used for Qualified Costs with respect applied to the Offering Space at a rate of $60.00 per rentable square foot in prior to the Offering Space multiplied by the ratio commencement of the number Extended Term or after the commencement of months in the Offering Space term to the number of months in the original Term of this LeaseExtended Term, such improvement allowance to be administered on the same terms as the Allowance under ARTICLE 38, but only disbursed to the extent of Qualified Costs related to the Offering Space, without the right to apply any unused portion to rent and such improvement allowance must be requisitioned by the date which is fifteen (15) months following the date of delivery of the Offering Space, but the Offering Space shall be otherwise delivered in the condition set forth in the Advice. In the event the Offering Space becomes a part of the Premises after June 30, 2019, Base Rent under this Lease shall be increased by the Prevailing Market Rent (as hereinafter defined) for the Offering Space and the terms and conditions under which the Offering Space shall be leased (including, without limitation, the duration of the term for the Offering Space) shall otherwise be as set forth in the Advice with respect to the Offering Spacecase may be.