Second Expansion Effective Date definition

Second Expansion Effective Date means April 1, 2019. During the period beginning on the date of full execution and delivery of this Fifth Amendment and ending on the date immediately preceding the Second Expansion Effective Date, Tenant shall have the right to use and access the Second Expansion Space, and, during any such period of use or access, all provisions of the Lease relating to the Second Expansion Space shall apply as if the Second Expansion Effective Date had occurred and Tenant shall be entitled to construct improvements in and/or to conduct business; provided, however, that during such period Tenant shall not be required to pay Base Rent or Tenant's Share of Expenses and Taxes for the Second Expansion Space.

Second Expansion Effective Date means the date Landlord delivers the Second Expansion Premises to Tenant with the Leasehold Improvements (as defined in the Work Letter attached to this Amendment as Exhibit B (the “Work Letter”)) Substantially Completed (as defined in the Work Letter), subject to the provisions of this Amendment. However, to the extent that Landlord fails to Substantially Complete the Leasehold Improvements to the Premises and deliver possession of the Second Expansion Premises to Tenant due to a Tenant Delay (as defined in the Work Letter), the Second Expansion Effective Date shall be the date on which Landlord would have Substantially Completed the Leasehold Improvements but for the Tenant Delay, as determined by Landlord in its reasonable discretion. The lease term for the Second Expansion Premises shall be coterminous with the lease term for the Initial Premises, as extended in Paragraph 2 above. Landlord and Tenant agree, upon demand by the other, to execute and deliver a Commencement Date Agreement in the form of Exhibit C attached. If Landlord makes such demand upon Tenant but Tenant fails to respond within 15 days, then Tenant will irrevocably be deemed to have agreed with Landlord as to the information set forth in the Commencement Date Agreement so delivered by Landlord to Tenant.

Second Expansion Effective Date means the later of (i) April 1, 2015, or (ii) the date on which the Tenant Improvement Work (defined in Exhibit B attached hereto) is Substantially Complete (defined in Exhibit B attached hereto), which is anticipated to be April 1, 2015 (the “Target Second Expansion Effective Date”). The adjustment of the Second Expansion Effective Date and, accordingly, the postponement of Tenant’s obligation to pay rent for the Second Expansion Space shall be Tenant’s sole remedy if the Tenant Improvement Work is not Substantially Complete on the Target Second Expansion Effective Date. If the Second Expansion Effective Date is delayed, the expiration date under the Lease shall not be similarly extended.

Examples of Second Expansion Effective Date in a sentence

• From and after the Second Expansion Effective Date, the Second Expansion Space shall be subject to all the terms and conditions of the Lease except as provided herein.

• In accordance with Section 6 of the Second Amendment, Tenant acknowledges that effective on the Second Expansion Effective Date, as to the entire Second Expansion Premises, the figure for Tenant’s Proportionate Share shall be 24.96%.

• Notwithstanding the foregoing, if Tenant occupies any Applicable Expansion Suite for the conduct of business prior to the occurrence of the Second Expansion Effective Date for such Applicable Expansion Suite, then the Second Expansion Effective Date shall be deemed to have occurred with respect to such Applicable Expansion Suite only, despite any failure to deliver all of the remaining Applicable Expansion Suites.

• Tenant further acknowledges that it has accepted the Second Expansion Premises on the Second Expansion Effective Date in the condition specified in Section 5 of the Second Amendment.

• For the period commencing with the Second Expansion Effective Date and ending on the Termination Date, Tenant shall pay all additional rent payable under the Lease, including Tenant’s Share of Expenses and Taxes applicable to the Second Expansion Space, in accordance with the terms of the Lease.

• Landlord and Tenant acknowledge that the Second Expansion Effective Date is , 2014, and confirm that Tenant’s Proportionate Share is .

• Landlord and Tenant acknowledge that the Second Expansion Effective Date is March 15, 2014.

• Any request for payment under this paragraph must be made by no later than six (6) months after the Second Expansion Effective Date has occurred as to all of the Second Expansion Premises.

• Effective on the Second Expansion Effective Date as to the entire Second Expansion Premises, the figure for Tenant’s Proportionate Share, as specified under the Financial Terms heading of the Schedule of Incorporated Terms in the Lease, is hereby amended to read “24.96%” (22,515/90,205).

• Tenant further acknowledges that Tenant has accepted the Second Expansion Premises on the Second Expansion Effective Date and that the Second Expansion Premises are in the condition specified in Paragraph 4 of the Second Amendment to Lease.

More Definitions of Second Expansion Effective Date

Second Expansion Effective Date means, for each Second Expansion Space, the Applicable Target Second Expansion Effective Date (defined below); provided, however, that the Second Expansion Effective Date shall be delayed to the extent that (a) Landlord fails to deliver possession of such Second Expansion Space to Tenant for any reason, including but not limited to, holding over by prior occupants, or (b) the substantial completion of the Landlord Work (defined in Exhibit C attached hereto) in such Second Expansion Space is delayed beyond the Applicable Target Second Expansion Effective Date solely as a result of Landlord’s failure to use commercially reasonable efforts, in accordance with the terms of this Amendment and without paying overtime rates, to substantially complete such Landlord Work as soon as reasonably possible after final approval of the applicable Plans (defined in Exhibit C attached hereto). As used herein, “Applicable Target Second Expansion Effective Date” means: (a) with respect to the Suite 4160 Expansion Space, August 1, 2006; (b) with respect to the Suite 4120 Expansion Space, December 1, 2006; and

Second Expansion Effective Date shall be the later to occur of (i) July 1, 1997 ("Target Second Expansion Effective Date"), and (ii) the date upon which Landlord's improvement work in the Second Expansion Space has been substantially completed; provided, however, that if Landlord shall be delayed in substantially completing the Landlord's work in the Second Expansion Space as a result of the occurrence of any of the following (a "Delay"):

Second Expansion Effective Date means the earlier of (i) the first date on which Tenant conducts business in the Second Expansion Space, or (ii) the date on which the Tenant Improvement Work (defined in Exhibit B attached hereto) for the Second Expansion Space is Substantially Complete (defined in Exhibit B attached hereto), which is anticipated to be March 1, 2018 (the “Target Second Expansion Effective Date”). The adjustment of the Second Expansion Effective Date and, accordingly, the postponement of Tenant’s obligation to pay rent for the Second Expansion Space shall be Tenant’s sole remedy if the Tenant Improvement Work for the Second Expansion Space is not Substantially Complete on the Target Second Expansion Effective Date.