Common use of The Fourth Additional Space Clause in Contracts

The Fourth Additional Space. (i) The Fourth Additional Space only is hereby added to the Existing Premises effective as of the Fourth Additional Space Commencement Date under all of the terms, covenants and conditions of the Lease, except to the extent expressly modified herein, for a term commencing on the Fourth Additional Space Commencement Date and, with respect to the Fourth Additional Space, ending on the T/F Additional Space Expiration Date or on such earlier date upon which the term of the Lease shall expire, be canceled or terminated pursuant to any of the terms, covenants or conditions of the Lease or pursuant to law. (ii) Notwithstanding anything to the contrary contained in the Lease, as modified by this Agreement, Tenant acknowledges that it has been informed by Landlord that the Fourth Additional Space is presently occupied by an existing tenant of the Building (the “Existing Tenant”), under a separate lease agreement (the “Existing Lease”) which is to expire by its terms on September 30, 2015. Landlord and Tenant agree that if the Existing Tenant does not vacate the Fourth Additional Space on or before the Fourth Additional Space Commencement Date and, as a result, Landlord shall be unable to deliver possession of the Fourth Additional Space to Tenant as required by the terms of this Agreement, then (A) Landlord shall not be subject to any liability for such failure, (B) the Lease, as modified by this Agreement, shall remain in full force and effect as to the Existing Premises and, if then added in accordance with the terms of This Agreement, the Third Additional Space, without extension of the term with respect to the Fourth Additional Space, however, Tenant’s obligation to pay Fixed Annual Rent and Additional Rent with respect to the Fourth Additional Space shall not commence and any rent credits or abatements to which Tenant is entitled under this Agreement with respect to the Fourth Additional Space only shall be similarly delayed, until possession of the Fourth Additional Space is delivered to Tenant in the condition required by this Agreement; and (C) Landlord shall promptly commence and diligently prosecute to completion the appropriate summary proceedings, as appropriate, in order to evict the Existing Tenant holding over in the Fourth Additional Space and to recover lawful possession thereof. In such event, upon Landlord’s recovery of actual and lawful possession of the Fourth Additional Space, free of occupants therein, but otherwise in its then as-is condition, Landlord shall furnish Tenant with prompt notice thereof and deliver possession to Tenant in the condition required by this Agreement promptly thereafter. Except to the extent otherwise provided for by express terms located elsewhere in this Agreement, Tenant expressly waives any right to rescind the Lease and this Agreement under Section 223-a of the New York Real Property Law or under any present or future statute of similar import then in force and further expressly waives the right to recover any damages, direct or indirect, which may result from Landlord’s failure to deliver possession of the Fourth Additional Space in accordance with the terms of this Agreement. Tenant agrees that the provisions of this Subsection are intended to constitute “an express provision to the contrary” within the meaning of said Section 223-a. (iii) In addition to the provisions of Section 1b(ii) of this Agreement, in the event that Landlord shall be unable to deliver to Tenant possession of the Fourth Additional Space in the condition required by the terms of this Agreement, on or before February 1, 2016, then as and for Tenant’s sole and exclusive remedy (other than and in addition to those abatements of Fixed Annual Rent provided for in Section 2b(ii) of this Agreement), then Tenant shall accrue an abatement of Fixed Annual Rent for the Fourth Additional Space from and after February 1, 2016 through and including the date that Landlord delivers possession of the Fourth Additional Space, at the rate of one (1) day for each day of delay in Landlord’s delivery of possession of the Fourth Additional Space until such time as Landlord delivers to Tenant possession of the Fourth Additional Space in the condition required by the terms of this Agreement, which abatement shall be applied to the monthly installments of Fixed Annual Rent accruing under the Lease, as modified by this Agreement, immediately after the application and expiration of those abatements of Fixed Annual Rent provided for in Section 2b(ii) of this Agreement.

The Fourth Additional Space. (i) The Fourth Additional Space only is hereby added to the Existing Premises effective Effective as of the Fourth Additional Space Commencement Date under all of Date, with respect to the Fourth Additional Space only, provided that Named Tenant (as defined in Article 50.01 in the Lease) timely and properly exercises the Extension Right (as defined in Article 50.01 in the Lease) as to either the Original Premises or the Second Additional Space, and the First Additional Space and the Third Additional Space, by no later than January 31, 2019, then Named Tenant shall, subject to subsection f(iv), below, also exercise the Extension Right as to the Fourth Additional Space. In the event Named Tenant timely and properly exercises the Extension Right as to the Fourth Additional Space by no later than January 31, 2019, same shall be subject to the terms, covenants and conditions of Article 50 of the Lease, except all references therein to the extent expressly modified herein, for a term commencing on the Fourth Additional Space Commencement Date and, with respect to Premises shall include: (A) the Fourth Additional Space, ending on and (B) subject to subsection f(iv), below, the T/F Original Premises and/or the Second Additional Space Expiration Date or on such earlier date upon which Space, and the term Extension Term of the Lease with respect to the Original Premises and/or the Second Additional Space (pursuant to subsection f(iv), below) and the Fourth Additional Space shall expireend on January 31, be canceled or terminated 2025, unless the Extension Term shall sooner end pursuant to any of the terms, covenants or conditions of the this Lease or pursuant to law. (ii) . Notwithstanding anything to the contrary contained herein or in the Lease, in the event Named Tenant timely and properly exercises the Extension Right as modified by this Agreement, Tenant acknowledges that it has been informed by Landlord that the Fourth Additional Space is presently occupied by an existing tenant of the Building (the “Existing Tenant”), under a separate lease agreement (the “Existing Lease”) which is to expire by its terms on September 30, 2015. Landlord and Tenant agree that if the Existing Tenant does not vacate the Fourth Additional Space on or before the Fourth Additional Space Commencement Date and, as a result, Landlord shall be unable to deliver possession of the Fourth Additional Space to Tenant as required by the terms of this Agreement, then (A) Landlord shall not be subject to any liability for such failure, (B) the Lease, as modified by this Agreement, shall remain in full force and effect as to the Existing Premises and, if then added in accordance with the terms of This Agreement, the Third Additional Space, without extension of the term with respect to the Fourth Additional Space, however, Tenant’s obligation to pay Fixed Annual Rent and Additional Rent with respect to the Fourth Additional Space shall not commence and any rent credits or abatements to which by no later than January 31, 2019, Named Tenant is entitled under this Agreement with respect must also exercise the Extension Right as to the Fourth Additional Space only shall be similarly delayed, until possession of the Fourth Additional Space is delivered to Tenant in the condition required by this Agreement; and (C) Landlord shall promptly commence and diligently prosecute to completion the appropriate summary proceedings, as appropriate, in order to evict the Existing Tenant holding over in the Fourth First Additional Space and to recover lawful possession thereof. In such event, upon Landlord’s recovery of actual and lawful possession of the Fourth Third Additional Space, free of occupants therein, but otherwise in its then as-is condition, Landlord shall furnish Tenant with prompt notice thereof and deliver possession to Tenant in the condition required by this Agreement promptly thereafter. Except to the extent otherwise provided for by express terms located elsewhere in this Agreement, Tenant expressly waives any right to rescind the Lease and this Agreement under Section 223-a of the New York Real Property Law or under any present or future statute of similar import then in force and further expressly waives the right to recover any damages, direct or indirect, which may result from Landlord’s failure to deliver possession of the Fourth Additional Space in accordance with the terms of this Agreement. Tenant agrees that the provisions of this Subsection are intended to constitute “an express provision to the contrary” within the meaning of said Section 223-a. (iii) In addition to the provisions of Section 1b(ii) of this Agreement, in the event that Landlord shall be unable to deliver to Tenant possession of the Fourth Additional Space in the condition required by the terms of this Agreement, on or before February 1, 2016, then as and for Tenant’s sole and exclusive remedy (other than and in addition to those abatements of Fixed Annual Rent provided for in Section 2b(ii) of this Agreement), then Tenant shall accrue an abatement of Fixed Annual Rent for the Fourth Additional Space from and after February 1, 2016 through and including the date that Landlord delivers possession of the Fourth Additional Space, at the rate of one (1) day for each day of delay in Landlord’s delivery of possession of the Fourth Additional Space until such time as Landlord delivers to Tenant possession of the Fourth Additional Space in the condition required by the terms of this Agreement, which abatement shall be applied to the monthly installments of Fixed Annual Rent accruing under the Lease, as modified by this Agreement, immediately after the application and expiration of those abatements of Fixed Annual Rent provided for in Section 2b(ii) of this Agreement.

The Fourth Additional Space. is presently affected by a lease between Owner and Spring Industries (i) The referred to as the "Present Fourth Additional Space only is hereby added to the Existing Premises effective as of the Fourth Additional Space Commencement Date under all of the terms, covenants and conditions of the Lease, except to the extent expressly modified herein, Occupant") for a term commencing to expire on the Fourth Additional Space Commencement Date andApril 30, with respect to the Fourth Additional Space1998, ending on the T/F Additional Space Expiration Date or on such earlier date upon which the term of the Lease shall expire, be canceled or unless sooner terminated pursuant to any of the terms, covenants or conditions of the Lease lease with the Present Fourth Additional Space Occupant or pursuant to law. (ii) . Notwithstanding anything to the contrary contained in the this Lease, as modified by this Agreement, Tenant acknowledges that it has been informed by Landlord that if the Present Fourth Additional Space Occupant does not vacate and surrender the Fourth Additional Space is presently occupied by an existing tenant of the Building (the “Existing Tenant”), under a separate lease agreement (the “Existing Lease”) which is to expire by its terms on September Owner prior to April 30, 2015. Landlord and Tenant agree that if 1998, then (i) the Existing Tenant does not vacate Demised Term applicable to the Fourth Additional Space shall not commence on or before May 1, 1998, but shall, instead, commence on the date next following the date that the Present Fourth Additional Space Occupant has vacated and surrendered the Fourth Additional Space Commencement Date andto Owner, (ii) the Demised Term applicable to the Fourth Additional Space shall nevertheless end on October 31, 2007, unless sooner terminated pursuant to any of the terms, covenants or conditions of this Lease or pursuant to law, (iii) except as a resultset forth in this sentence, Landlord neither the validity of this Lease nor the obligations of Tenant under this Lease shall be unable affected thereby, (iv) Tenant waives any right under Section 223-a of the Real Property Law or any successor law of like import to rescind this Lease or rescind its obligations with respect to the Lease, (v) Tenant further waives the right to recover any damages which may result from the failure of Owner to deliver possession of the Fourth Additional Space to Tenant as required by on May 1, 1998, and (vi) Owner shall institute, on or before May 20, 1998, possession proceedings against the terms of this Agreement, then (A) Landlord shall not be subject to any liability for such failure, (B) the Lease, as modified by this Agreement, shall remain in full force and effect as to the Existing Premises and, if then added in accordance with the terms of This Agreement, the Third Additional Space, without extension of the term with respect to the Fourth Additional Space, however, Tenant’s obligation to pay Fixed Annual Rent and Additional Rent with respect to the Present Fourth Additional Space Occupant and shall not commence and any rent credits or abatements prosecute such proceedings with reasonable diligence. A. Notwithstanding the exercise of Tenant's option to which Tenant is entitled under terminate this Agreement Lease with respect to the Fourth Additional Space only shall be similarly delayed, until possession of the Fourth Additional Space is delivered pursuant to Tenant in the condition required by this Agreement; and (C) Landlord shall promptly commence and diligently prosecute to completion the appropriate summary proceedings, as appropriate, in order to evict the Existing Tenant holding over in the Fourth Additional Space and to recover lawful possession thereof. In such event, upon Landlord’s recovery of actual and lawful possession of the Fourth Additional Space, free of occupants therein, but otherwise in its then as-is condition, Landlord shall furnish Tenant with prompt notice thereof and deliver possession to Tenant in the condition required by this Agreement promptly thereafter. Except to the extent otherwise provided for by express terms located elsewhere in this Agreement, Tenant expressly waives any right to rescind the Lease and this Agreement under Section 223-a of the New York Real Property Law or under any present or future statute of similar import then in force and further expressly waives the right to recover any damages, direct or indirect, which may result from Landlord’s failure to deliver possession of the Fourth Additional Space in accordance with the terms of this Agreement. Tenant agrees that the provisions of this Subsection are intended to constitute “an express provision to Section 45.05.B., Tenant shall remain obligated under the contrary” within the meaning of said Section 223-a. (iii) In addition to the remaining terms and provisions of Section 1b(ii) of this Agreement, in the event that Landlord shall be unable to deliver to Tenant possession of the Fourth Additional Space in the condition required by the terms of this Agreement, on or before February 1, 2016, then as and for Tenant’s sole and exclusive remedy (other than and in addition to those abatements of Fixed Annual Rent provided for in Section 2b(ii) of this Agreement), then Tenant shall accrue an abatement of Fixed Annual Rent for the Fourth Additional Space from and after February 1, 2016 through and including the date that Landlord delivers possession of the Fourth Additional Space, at the rate of one (1) day for each day of delay in Landlord’s delivery of possession of the Fourth Additional Space until such time as Landlord delivers to Tenant possession of the Fourth Additional Space in the condition required by the terms of this Agreement, which abatement shall be applied to the monthly installments of Fixed Annual Rent accruing under the Lease, as modified by this Agreement, immediately after the application and expiration of those abatements of Fixed Annual Rent provided for in Section 2b(ii) of this Agreement.