Common use of Terms for Offering Space Clause in Contracts

Terms for Offering Space. 5.2.1 The term for the Offering Space shall commence on the commencement date stated in the Advice and thereupon the Offering Space shall be considered a part of the Premises subject to the provisions of the Lease; provided, however, that the provisions of the Advice shall prevail to the extent they conflict with the provisions of the Lease. 5.2.2 Tenant shall pay Base Rent for the Offering Space in accordance with the provisions of the Advice, which provisions shall reflect the ninety-five percent (95%) of the net effective Prevailing Market rate for the Offering Space as determined in Landlord’s reasonable judgment. 5.2.3 Tenant shall pay Tenant’s Share of Expenses and Taxes for the Offering Space in accordance with the Lease. The Base Year for Expenses and Taxes with respect to the Offering Space shall be the calendar year in which the term of Tenant’s lease of such space commences. 5.2.4 Except as may be otherwise provided in the Advice, the Offering Space (including improvements and personalty, 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 the Offering Space or as of the date the term for the Offering Space commences. If Landlord is delayed in delivering possession of the Offering Space by any holdover or unlawful possession of the Offering Space by any party, Landlord shall use reasonable efforts to obtain possession of the Offering Space, and the commencement date 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.

Terms for Offering Space. 5.2.1 A. The term for the Offering Space shall be such period as Landlord, in its sole and absolute discretion, may set forth in the Advice; provided, however, that such term shall be not less than coterminous with the term for the balance of the Premises and (except to the extent necessary to be so coterminous) shall not exceed 120 months. Except as provided in Section 8.2.E below, Section 3 above shall not apply to the Offering Space unless the term for the Offering Space is coterminous with the term for the balance of the Premises. B. The term for the Offering Space shall commence on the commencement date stated in the Advice and thereupon the Offering Space shall be considered a part of the Premises subject to the provisions of the Lease; provided, however, that the provisions of the Advice (including the provision of the Advice establishing the expiration date for the Offering Space) shall prevail to the extent they conflict with the provisions of the Lease. 5.2.2 C. Tenant shall pay Base Monthly Rent for the Offering Space in accordance with the provisions of the Advice, which provisions . The Advice shall reflect the ninety-five percent (95%) of the net effective Prevailing Market (defined in Section 8.4 below) rate for the Offering Space as determined in Landlord’s reasonable judgment. 5.2.3 Tenant shall pay Tenant’s Share of Expenses and Taxes for the Offering Space in accordance with the Lease. The Base Year for Expenses and Taxes with respect to the Offering Space shall be the calendar year in which the term of Tenant’s lease of such space commences. 5.2.4 D. Except as may be otherwise provided in the Advice, (i) the Offering Space (including improvements and personalty, if any) shall be accepted by Tenant in its configuration and condition and as-built configuration existing on the earlier of the date Tenant takes possession of the Offering Space or as of the commencement date the term for the Offering Space commences. If Space; and (ii) if Landlord is delayed in delivering possession of the Offering Space by any holdover or unlawful possession of the Offering Space by any party, Landlord shall use reasonable efforts to obtain possession of the Offering Space and any obligation of Landlord to tender possession of, permit entry to, or perform alterations to the Offering Space, and together with the commencement date for the Offering Space, shall be deferred until after Landlord has obtained possession of the Offering Space. E. If the term for the Offering Space extends beyond the expiration date for the balance of the Premises, then (i) at Landlord’s option (which Landlord may exercise by so stating in the Advice), the term for the balance of the Premises shall be postponed until extended to be coterminous with the date Landlord delivers possession of term for the Offering Space (the period of such extension shall be referred to hereinafter as the “Offering Extension Term”); and (ii) if Landlord exercises such option, then (a) Tenant free from occupancy shall include in the Notice of Exercise a statement of Tenant’s estimate of the Prevailing Market (defined in Section 3.5 above) rate for the Offering Extension Term, and (b) the terms of such extension shall be governed by any partySections 3.2, 3.3 and 3.5 above, as if the Offering Extension Term were an “Extension Term” within the meaning of Section 3.1 above; provided, however, that, as applied to such extension, (1) all references in such Sections to the “Extension Term” shall be deemed to refer to the Offering Extension Term; (2) all references in such Sections to the “Extension Notice” shall be deemed to refer to the Notice of Exercise; and (3) all references in such Sections to the “Extension Option” shall be deemed to refer to the Right of First Offer.

Terms for Offering Space. 5.2.1 a. The term for the applicable Offering Space (“Offering Space Term”) shall commence on upon the commencement date stated in the Advice and thereupon shall end upon the Termination Date applicable to the initial Premises, it being the intention of the parties that the Term for the initial Premises and the term for the applicable Offering Space be coterminous. Effective as of the commencement date stated in the Advice, such Offering Space shall be considered a part of the Premises subject to the provisions Premises, provided that all of the Lease; provided, however, that the provisions of terms stated in the Advice shall prevail govern Tenant’s leasing of such Offering Space and only to the extent that they do not conflict with the provisions Advice, the terms and conditions of the Leasethis Lease shall apply to such Offering Space. 5.2.2 b. Tenant shall pay Base Rent and Additional Rent for the applicable Offering Space in accordance with the provisions terms and conditions of the Advice, which provisions terms and conditions shall reflect the ninety-five percent (95%) of the net effective Prevailing Market rate for the such Offering Space as determined in Landlord’s reasonable judgment, subject to the provisions of Section 6.05 below. 5.2.3 Tenant shall pay Tenant’s Share of Expenses and Taxes for the Offering Space in accordance with the Lease. c. The Base Year for Expenses and Taxes with respect to the Offering Space shall be the calendar year in which the term of Tenant’s lease of such space commences. 5.2.4 Except as may be otherwise provided in the Advice, the applicable Offering Space (including improvements and personalty, 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 the applicable Offering Space or as of the date the term for the such Offering Space commences, unless the Advice specifies any work to be performed by Landlord in such Offering Space or provides an allowance for work to be performed by a tenant, in which case Landlord shall perform such work in the applicable Offering Space, or provide such allowance to Tenant in accordance with the terms of the Advice. If Landlord is delayed in delivering possession of the applicable Offering Space by any due to the holdover or unlawful possession of the Offering Space such space by any party, Landlord shall use reasonable efforts to obtain possession of the Offering Spacespace, and the commencement date of the term for the such Offering Space shall be postponed until the date Landlord delivers possession of the applicable Offering Space to Tenant free from occupancy by any party.

Terms for Offering Space. 5.2.1 A. The term for the Offering Space shall be such period as Landlord, in its sole and absolute discretion, may set forth in the Advice; provided, however, that such term shall be not less than coterminous with the term for the balance of the Premises and (except to the extent necessary to be so coterminous) shall not exceed 60 months. B. The term for the Offering Space shall commence on the commencement date stated in the Advice and thereupon the Offering Space shall be considered a part of the Premises subject to the provisions of the Lease; provided, however, that the provisions of the Advice (including the provision of the Advice establishing the expiration date for the Offering Space) shall prevail to the extent they conflict with the provisions of the Lease. 5.2.2 C. Tenant shall pay Base Monthly Rent for the Offering Space in accordance with the provisions of the Advice, which provisions . The Advice shall reflect the ninety-five percent (95%) of the net effective Prevailing Market (defined in Section 5.5 below) rate for the Offering Space as determined in Landlord’s reasonable judgment. 5.2.3 Tenant shall pay Tenant’s Share of Expenses and Taxes for the Offering Space in accordance with the Lease. The Base Year for Expenses and Taxes with respect to the Offering Space shall be the calendar year in which the term of Tenant’s lease of such space commences. 5.2.4 D. Except as may be otherwise provided in the Advice, (i) the Offering Space (including improvements and personalty, if any) shall be accepted by Tenant in its configuration and condition and as-built configuration existing on the earlier of the date Tenant takes possession of the Offering Space or as of the commencement date the term for the Offering Space commences. If Space; and (ii) if Landlord is delayed in delivering possession of the Offering Space by any holdover or unlawful possession of the Offering Space by any party, Landlord shall use reasonable efforts to obtain possession of the Offering SpaceSpace and any obligation of Landlord to tender possession of, and the commencement date of the term for permit entry to, or perform alterations to the Offering Space shall be postponed deferred until the date after Landlord delivers has obtained possession of the Offering Space to Tenant free from occupancy by any partySpace.

Terms for Offering Space. 5.2.1 A. The term for the Offering Space shall be the longer of (i) coterminous with the term for the balance of the Premises, or (ii) 60 calendar months (together with any partial calendar month occurring at the beginning of such 60-calendar-month period). The Option to Extend set forth in Rider I to the Lease shall not apply to the Offering Space unless the term of the Offering Space is coterminous with the term for the balance of the Premises. B. The term for the Offering Space shall commence on the commencement date stated in the Advice and thereupon the Offering Space shall be considered a part of the Premises subject to the provisions of the Lease; provided, however, that the provisions of the Advice (including the provision of the Advice establishing the expiration date for the Offering Space) shall prevail to the extent they conflict with the provisions of the Lease. 5.2.2 C. Tenant shall pay Base Rent and Tenant’s Pro Rata Share of Operating Expenses for the Offering Space in accordance with the provisions of the Advice, which provisions shall reflect the ninety-five percent (95%) of the net effective Prevailing Market (defined in Section 10.5 below) rate for the Offering Space as determined in Landlord’s reasonable judgment. 5.2.3 Tenant shall pay Tenant’s Share of Expenses and Taxes for the Offering Space in accordance with the Lease. The Base Year for Expenses and Taxes with respect to the Offering Space shall be the calendar year in which the term of Tenant’s lease of such space commences. 5.2.4 D. Except as may be otherwise provided in the Advice, (i) the Offering Space (including improvements and personalty, if any) shall be accepted by Tenant in its configuration and condition and as-built configuration existing on the earlier of the date Tenant takes when Landlord tenders possession of the Offering Space to Tenant, without any obligation on the part of Landlord to perform or as of the date the term pay for the Offering Space commences. If any alterations or improvements thereto; and (ii) if Landlord is delayed in delivering possession of the Offering Space by any holdover or unlawful possession of the Offering Space by any party, Landlord shall use reasonable efforts to obtain possession of the Offering SpaceSpace and any obligation of Landlord to tender possession of, and the commencement date of the term for permit entry to, or perform alterations to the Offering Space shall be postponed deferred until the date after Landlord delivers has obtained possession of the Offering Space to Tenant free from occupancy by any partySpace.

Terms for Offering Space. 5.2.1 1. The term for the Offering Space shall commence on upon the commencement date stated in the Advice and thereupon the Offering Space shall be considered a part of the Premises Premises, 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 shall apply to the Offering Space. Notwithstanding anything in this Section 5 to the contrary, the Advice shall provide that: (a) the term for the Offering Space shall not commence before the Commencement Date and shall be coterminous with the Term for the initial Premises; (b) Tenant shall be permitted to use the Offering Space for the Permitted Use; (c) Tenant’s rights to sublease the Offering Space shall be co-extensive with Tenant’s rights to sublease the initial Premises; and (d) the Offering Space shall be subject to the provisions of the Lease; provided, however, that the provisions of the Advice shall prevail to the extent they conflict with the provisions of the LeaseSection 2 above without material modification. 5.2.2 2. Tenant shall pay Base Rent and Additional Rent for the Offering Space in accordance with the provisions terms and conditions of the Advice, which provisions terms and conditions shall reflect the ninety-five percent (95%) of the net effective Prevailing Market rate for the Offering Space as determined in Landlord’s reasonable reasonable, good faith judgment. 5.2.3 Tenant shall pay . Upon Tenant’s Share written request, Landlord shall provide Tenant with copies of Expenses and Taxes for the Offering Space in accordance with the Lease. The Base Year for Expenses and Taxes any reasonable documentation supporting such judgment that Landlord may possess (other than any information with respect to the Offering Space shall be the calendar year in which the term Landlord is under a duty of Tenant’s lease of such space commencesconfidentiality to any other party). 5.2.4 Except as may be otherwise provided in the Advice, the 3. The Offering Space (including improvements and personalty, 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 the Offering Space or as of the date the term for the Offering Space commences, unless the Advice specifies any work to be performed by Landlord in the Offering Space or any allowance for construction of tenant improvements, in which case Landlord shall perform such work in the Offering Space or provide such allowance, in each case in accordance with the terms of the Advice. If Landlord is delayed in delivering possession of the Offering Space by any due to the holdover or unlawful possession of the Offering Space such space by any party, Landlord shall use reasonable efforts to obtain possession of the Offering Spacespace, and the commencement date 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 partyparty and with any work to be performed by Landlord pursuant to the Advice having been substantially completed substantially in accordance with any applicable plans.

Terms for Offering Space. 5.2.1 a. The term for the Offering Space set forth in such Advice shall commence on upon the commencement date stated in the Advice and thereupon shall thereafter continue for the period stated in such Advice. Effective as of the commencement date stated in such Advice, the applicable Offering Space shall be considered a part of the Premises subject to the provisions Premises, provided that all of the Lease; provided, however, that the provisions terms stated in such Advice shall govern Tenant’s leasing of such portion of the Advice shall prevail Offering Space and only to the extent that they do not conflict with such Advice, the provisions terms and conditions of the Leasethis Lease shall apply to such Offering Space. 5.2.2 b. Tenant shall pay Base Rent and Additional Rent for the Offering Space in accordance with the provisions terms and conditions of the Advice, which provisions terms and conditions shall reflect the ninety-five percent (95%) of the net effective Prevailing Market rate for the Offering Space as determined in Landlord’s reasonable judgment, subject to the provisions of Section 5.06 below. 5.2.3 Tenant shall pay Tenant’s Share of Expenses and Taxes for the Offering Space in accordance with the Lease. c. The Base Year for Expenses and Taxes with respect to the Offering Space shall be the calendar year in which the term of Tenant’s lease of such space commences. 5.2.4 Except as may be otherwise provided in the Advice, the Offering Space (including improvements and personalty, 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 the Offering Space or as of the date the term for the Offering Space commences, unless the Advice specifies any work to be performed by Landlord in the Offering Space, in which case Landlord shall perform such work in the Offering Space. If Landlord is delayed in delivering possession of the Offering Space by any set forth in the Advice due to the holdover or unlawful possession of the Offering Space such space by any party, Landlord shall use reasonable efforts to obtain possession of the Offering Spacespace, and the commencement date 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.

Terms for Offering Space. 5.2.1 A. The term for the Offering Space shall be such period as Landlord, in its sole and absolute discretion, may set forth in the Advice: provided, however, that such term shall be not less than coterminous with the term for the balance of the Premises and not more than 60 months. Except as provided in Section 7.2.E below, Section 4 above shall not apply to the Offering Space unless the term for the Offering Space is coterminous with the term for the balance of the Premises. B. The term for the Offering Space shall commence on the commencement date stated in the Advice and thereupon the Offering Space shall be considered a part of the Premises subject to the provisions of the this Lease; : provided, however, that the provisions of the Advice (including the provision of the Advice establishing the expiration date for the Offering Space) shall prevail to the extent they conflict with the provisions of the this Lease. 5.2.2 C. Tenant shall pay Base Monthly Rent for the Offering Space in accordance with the provisions of the Advice, which provisions . The Advice shall reflect the ninety-five percent (95%) of the net effective Prevailing Market (defined in Section 7.4 below) rate for the Offering Space as determined in Landlord’s reasonable judgmentjudgment and shall include a market tenant improvement allowance and market free rent, as reasonably determined by Landlord. 5.2.3 Tenant shall pay Tenant’s Share of Expenses and Taxes for the Offering Space in accordance with the Lease. The Base Year for Expenses and Taxes with respect to the Offering Space shall be the calendar year in which the term of Tenant’s lease of such space commences. 5.2.4 D. Except as may be otherwise provided in the Advice, (i) the Offering Space (including improvements and personaltypersonally, if any) shall be accepted by Tenant in its configuration and condition and as-built configuration existing on the earlier of the date Tenant takes possession of the Offering Space or as of the commencement date the term for the Offering Space commences. If Space; and (ii) if Landlord is delayed in delivering possession of the Offering Space by any holdover or unlawful possession of the Offering Space by any party, Landlord shall use reasonable efforts to obtain possession of the Offering Space and any obligation of Landlord to tender possession of, permit entry to, or perform alterations to the Offering Space shall be deferred until after Landlord has obtained possession of the Offering Space, and the commencement date of . E. If the term for the Offering Space extends beyond the expiration date for the balance of the Premises, then (i) at Landlord’s option (which Landlord may exercise by so stating in the Advice), the term for the balance of the Premises shall be postponed until extended to be coterminous with the date Landlord delivers possession of term for the Offering Space (the period of such extension shall be referred to hereinafter as the “Offering Extension Term”); and (ii) if Landlord exercises such option, then Tenant free from occupancy shall include in the Notice of Exercise a statement of Tenant’s estimate of the Prevailing Market (defined in Section 4.5 above) rate for the Offering Extension Term, and (b) the terms of such extension shall be governed by any partySections 4.2, 4.3 and 4.5 above, as if the Offering Extension Term were an “Extension Term” within the meaning of Section 4.1 above; provided, however, that as applied to such extension, (1) all references in such Sections to the “Extension Term” shall be deemed to refer to the Offering Extension Term; (2) all references in such Sections to the “Extension Notice” shall be deemed to refer to the Notice of Exercise; and (3) all references in such Sections to the “Extension Option” shall be deemed to refer to the Right of First Offer.