Third Expansion Space. The first paragraph of Section 3(C) is deleted in its entirety “Tenant shall have the right to expand into additional space in the Building adjacent to the then existing Leased Premises and consisting of the remainder of the entire space (the “Third Expansion Space”) upon delivery of Tenant’s Notice to Landlord. Tenant’s Notice to expand into the Third Expansion Space shall be delivered to Landlord on or before July 1, 2014 and shall specify the effective date of Tenant’s intended occupancy of the Third Expansion Space (the “Third Expansion Occupancy Date”). The Third Expansion Occupancy Date shall be no earlier than January 1, 2015 and no later than March 1, 2016.” And replaced with the following: “In the event Tenant has not leased all of the space in the Building by Tenant’s exercise of its rights with regard to the First Expansion Space and the Second Expansion Space, Tenant shall have the right to expand into all of the remaining space in the Building (but not a portion thereof) (the “Third Expansion Space”) upon delivery of Tenant’s Notice to Landlord. Tenant’s Notice to expand into the Third Expansion Space shall be delivered to Landlord on or before May 1, 2018 and shall specify the effective date of Tenant’s intended occupancy of the Third Expansion Space (the “Third Expansion Occupancy Date”). The Third Expansion Occupancy Date shall be no earlier than November 1, 2018 and no later than November 1, 2019.”
Third Expansion Space. Commencing on the Third Expansion Commencement Date (as defined below), Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, 18,795 square feet of Rentable Area consisting of the remainder of the first floor of the 555 Building, as more particularly described in the attached Exhibit A (the “Third Expansion Space”). As used herein, the “Third Expansion Commencement Date” shall mean the earlier to occur of (a) Tenant’s occupancy of the Third Expansion Space and (b) October 1, 2009. The Term of the Lease for the Third Expansion Space shall be coterminous with the Term of the Lease for the remainder of the Premises. The actual term of the Lease for the Third Expansion Space shall be referred to herein as the “Third Expansion Term”. During the Third Expansion Term, the term “Premises” as used in the Lease shall be deemed to mean the 575 Premises, the 555 Premises and the Third Expansion Space and all of the terms and conditions of the Lease shall apply to the Third Expansion Space, except as otherwise expressly provided herein.
Third Expansion Space. Notwithstanding anything to the contrary contained in the Original Lease, as amended, Landlord and Tenant agree that the definition of “Third Expansion Space Delivery Period” in Section 39 (d) (ii) (3) of the Original Lease is amended to be the period beginning June 1, 2022 and ending May 31, 2023.
Third Expansion Space. From and after the Third Expansion Space Commencement Date, as hereinafter defined, Landlord hereby agrees to and shall lease unto Tenant and Tenant hereby agrees to and shall rent from Landlord, for the balance of the Lease Term, in addition to the Leased Premises, that portion of the Building containing one thousand four hundred sixteen (1,416) rentable square feet on the first (1st) floor of the Building (hereinafter sometimes referred to as either “Premises F” or the “Third Expansion Space”), as outlined in red on Exhibit “A” attached hereto and incorporated herein.
Third Expansion Space. The actual Operating Expenses for the 12 month period commencing on January 1, 2000, adjusted pursuant to Section 5(c) below to reflect occupancy of 100% of the Rentable Area of the Building. ****
Third Expansion Space. A. Effective as of the Third Expansion Effective Date (as hereinafter defined), the Premises is increased from 31,384 rentable square feet on the second (2nd), third (3rd), fourth (4th) and eleventh (11th) floors to 41,600 rentable square feet on the second (2nd), third (3rd), fourth (4th) and eleventh (11th) floors by the addition of the Third Expansion Space. The lease term for the Third Expansion Space shall commence on the Third Expansion Effective Date and end on the Second Extended Termination Date. The Third Expansion Space is subject to all the terms and conditions of the Lease except as expressly modified herein and except that Tenant shall not be entitled to receive any allowances, abatements or other financial concessions granted with respect to the Premises unless such concessions are expressly provided for herein with respect to the Third Expansion Space.
B. The Third Expansion Effective Date shall be APRIL 1, 1998.
C. MONTHLY BASE RENTAL FOR THIRD EXPANSION SPACE.
1. THIRD EXPANSION SPACE AS OF, FROM AND AFTER THE THIRD EXPANSION EFFECTIVE DATE THROUGH SECOND EXTENDED TERMINATION DATE. As of the Third Expansion Effective Date, the schedule of monthly installments of Base Rental payable with respect to the Third Expansion Space for the balance of the Lease Term and the Second Extended Lease Term is the following: Tenant shall pay Landlord the sum of seven hundred forty-five thousand one hundred twenty-nine and 38/100 Dollars ($745,129.38) as Base Rental for the Third Extended Term in fifty-seven (57) monthly installments as follows: Twenty-one (21) equal installments of $12,131.50, each payable on or before the first day of each month during the period beginning April 1, 1998 and ending December 31, 1999. Thirty-six (36) equal installments of $13,621.33 each payable on or before the first day of each month during the period beginning January 1, 2000 and ending December 31, 2002. All such Base Rental shall be payable by Tenant in accordance with the terms of Article V. of the Lease.
Third Expansion Space. Commencing on the Third Expansion Space Commencement Date (as defined in Paragraph 4(b) below), Landlord leases to Tenant and Tenant leases from Landlord approximately 20,429 rentable square feet (the “Third Expansion Space”) located on the first floor of the Building and known as Suite 100 as shown on the attached Exhibit A, which is incorporated into this Amendment for all purposes. As of the Third Expansion Space Commencement Date, the term “Premises” as used in the Lease shall mean and
Third Expansion Space. Provided Tenant (i) shall have exercised its option to extend the Lease Term by written notice in accordance with Exhibit E or pursuant to any other agreement between Landlord and Tenant, and (ii) gives Landlord written notice of its intention to do so not later than the end of the one hundred seventeenth (117th) month of the Lease Term (the “Third Expansion Space Exercise Notice”) Tenant shall have the right to lease between 8,000 - 12,000 rentable square feet space contiguous with the Leased Premises (the “Third Expansion Space”) for the balance of the Lease Term (as extended in connection with the exercise of any of its renewal rights). The Third Expansion Space of between 8,000 – 12,000 rentable square feet shall be designated in writing by Landlord to Tenant not later than the end of the seventh (7th)
Third Expansion Space. Effective as of July 1, 2006, or the completion of tenant improvements, whichever first occurs, the “Third Expansion Date.” The Third Expansion Space, as defined below, shall be added to and incorporated into the Premises under Section 1.1 for all purposes under the Lease for the balance of the Lease Term, as may be extended. The Third Expansion Space, consists of approximately 10,846 rentable square feet on the first floor of the Building, Suite E-1000, 1230 West Washington, Tempe, Arizona as depicted in Exhibit “A”. This area will be referred to as “Third Expansion Space” for all purposes under this Third Amendment. The Third Expansion Space shall be remeasured as provided in Section 2.5 of the Lease, which measurement shall be binding.
Third Expansion Space. The Third Expansion Space shall be deemed to contain 33,603 square feet of rentable area in the aggregate as depicted on Exhibit B attached hereto. Upon the occurrence of the Third Expansion Date, Tenant’s Building Expense Percentage shall be 38.33% and the Total Number of Square Feet of Rentable Area in the Premises shall be 74,253.
