Common use of Condition of Expansion Space Clause in Contracts

Condition of Expansion Space. a. Except as set forth in Section 6b, Landlord shall have no obligation to perform any demolition work or to deliver, make or install any materials or improvements in, to or at the Expansion Space and Tenant shall accept the Expansion Space in “as is” condition on the Expansion Space Commencement Date. b. Landlord, at Landlord’s expense, shall perform the following work (collectively, “Landlord’s Work”): i. promptly after this Amendment is fully executed and delivered, Landlord shall modify lobby space as shown on Exhibit B-Lobby Plan and begin to refurbish the lobby space (as applicable). Tenant shall have the right at its sole expense to upgrade lobby finishes beyond the standard building finish, provided the upgrades do not delay the completion of Landlord’s Work or any portion thereof and are reasonably satisfactory to Landlord; ii. not later than on the Demising Deadline, Landlord shall substantially complete the demising of the Expansion Space along the I-270 side of the Expansion Space by completing the addition of the wall to separate the two premises and the installation of dedicated front door for the Expansion Space (the “Demising Work”). Tenant shall have the right at its sole expense to upgrade the quality and/or security features of its front door beyond the standard building finish, provided the upgrades do not delay the completion of Landlord’s work or any portion thereof and are reasonably satisfactory to Landlord. The “Demising Deadline” shall be the date that is sixty (60) days after this Amendment is fully executed and delivered, which date shall be extended on a day for day basis for each day that Landlord is delayed in substantially completing the Demising Work due to any delay caused by Tenant and/or by reason of labor disputes, war, terrorism, civil unrest, inclement weather, fire or other casualty, accidents, orders or regulations of any governmental authority, governmental delays or any other cause beyond the reasonable control of Landlord (a “Force Majeure Delay”); and iii. promptly after this Amendment is fully executed and delivered, Landlord shall perform such additional work as might be necessary to reasonably achieve a clear separation of the Expansion Space from its supporting utility infrastructure. c. If Landlord does not substantially complete the Demising Work on or before the Demising Deadline, as Tenant’s sole remedy, Tenant shall have the unqualified right to terminate this Amendment; provided, however, in order to exercise such termination right, Tenant shall give Landlord written notice of such termination prior to the earlier of Landlord’s substantial completion of the Demising Work or within thirty-one (31) days after the Demising Deadline. i. Beginning on the Expansion Space Commencement Date, Tenant shall be entitled to access the Expansion Space so Tenant can make Alterations to the Expansion Space. Tenant shall design, construct and install such Alterations in accordance with the provisions of Section 10-Alterations of the Lease and Landlord’s then current rules for third-party construction at the Building. ii. Landlord shall provide Tenant with a tenant improvement allowance for the Expansion Space in an amount equal to the product of Ten Dollars ($10.00) multiplied by the rentable area of the Expansion Space (i.e., 10,428 rentable square feet) (the “Expansion Space Allowance”). Landlord shall disburse the Expansion Space Allowance in accordance with Landlord’s standard leasehold improvement allowance disbursement procedures. The Expansion Space Allowance shall be applied solely towards the third-party design, construction and installation costs incurred by Tenant in connection with the Expansion Space Alterations; provided, however, Tenant shall have the right to apply up to fifty percent (50%) of the Expansion Space Allowance towards Tenant’s Relocation Costs.

Condition of Expansion Space. a. Except as set forth in Section 6b, Landlord shall have no obligation to perform any demolition work or to deliver, make or install any materials or improvements in, to or at Tenant has inspected the Expansion Space and Tenant shall agrees to accept the Expansion Space in same “as is” condition without any agreements, representations, understandings or {2011-0761/00030501 obligations on the Expansion Space Commencement Date. b. Landlordpart of Landlord to perform any alterations, at Landlord’s expenserepairs or improvements, shall perform except as may be expressly provided otherwise in this Amendment. Notwithstanding anything to the following work (collectivelycontrary set forth herein, “Landlord’s Work”): i. promptly after this Amendment is fully executed and delivered, Landlord shall modify lobby space as shown on Exhibit B-Lobby Plan and begin except to refurbish the lobby space extent caused by Tenant or any of the Tenant Related Parties (as applicable). Tenant defined in Section 13.6 below) or Tenant’s contractors, the base Building electrical, heating, ventilation and air conditioning, mechanical and plumbing systems shall have be in good and working order as of the right at its sole expense to upgrade lobby finishes beyond the standard building finish, provided the upgrades do not delay the completion of Landlord’s Work or any portion thereof and are reasonably satisfactory to Landlord; ii. not later than on the Demising Deadline, date Landlord shall substantially complete the demising delivers possession of the Expansion Space along to Tenant. If the I-270 side foregoing are not in good and working order as provided above, Landlord shall be responsible for repairing or restoring same at its cost and expense promptly, provided that Tenant has delivered written notice thereof to Landlord not later than thirty (30) days following the Expansion Effective Date. Notwithstanding the foregoing, Tenant, and not Landlord, shall be responsible, at its cost, for any repairs or the correction of any defects that arise out of or in connection with the specific nature of Tenant’s business, the acts or omissions of Tenant, any Tenant Related Parties or Tenant’s arrangement of any furniture, equipment or other property in the Expansion Space, any repairs, alterations, additions or improvements performed by or on behalf of Tenant, and any design or configuration of the Expansion Space created by completing or for Tenant which specifically results in the addition of need for such repair to the wall to separate the two premises and the installation of dedicated front door for the Expansion Space (the “Demising Work”). Tenant shall have the right at its sole expense to upgrade the quality and/or security features of its front door beyond the standard building finish, provided the upgrades do not delay the completion of Landlord’s work or any portion thereof and are reasonably satisfactory to Landlord. The “Demising Deadline” shall be the date that is sixty (60) days after this Amendment is fully executed and delivered, which date shall be extended on a day for day basis for each day that Landlord is delayed in substantially completing the Demising Work due to any delay caused by Tenant and/or by reason of labor disputes, war, terrorism, civil unrest, inclement weather, fire or other casualty, accidents, orders or regulations of any governmental authority, governmental delays or any other cause beyond the reasonable control of Landlord (a “Force Majeure Delay”); and iii. promptly after this Amendment is fully executed and delivered, Landlord shall perform such additional work as might be necessary to reasonably achieve a clear separation of the Expansion Space from its supporting utility infrastructure. c. If Landlord does not substantially complete the Demising Work on or before the Demising Deadline, as Tenant’s sole remedy, Tenant shall have the unqualified right to terminate this Amendment; provided, however, in order to exercise such termination right, Tenant shall give Landlord written notice correction of such termination prior to defect in the earlier of Landlord’s substantial completion of the Demising Work mechanical or within thirty-one (31) days after the Demising Deadline. i. Beginning on the Expansion Space Commencement Date, Tenant shall be entitled to access the Expansion Space so Tenant can make Alterations to electrical systems in the Expansion Space. Tenant shall design, construct and install such Alterations in accordance with the provisions of Section 10-Alterations of the Lease and Landlord’s then current rules for third-party construction at the Building. ii. Landlord shall provide Tenant with a tenant improvement allowance for the Expansion Space in an amount equal to the product of Ten Dollars ($10.00) multiplied by the rentable area of the Expansion Space (i.e., 10,428 rentable square feet) (the “Expansion Space Allowance”). Landlord shall disburse the Expansion Space Allowance in accordance with Landlord’s standard leasehold improvement allowance disbursement procedures. The Expansion Space Allowance shall be applied solely towards the third-party design, construction and installation costs incurred by Tenant in connection with the Expansion Space Alterations; provided, however, Tenant shall have the right to apply up to fifty percent (50%) of the Expansion Space Allowance towards Tenant’s Relocation Costs.

Condition of Expansion Space. a. 5.1 As Is; Personal Property. Except for Landlord's Work (as set forth defined below in Section 6b5.2), Landlord shall have no is leasing the Expansion Space to Tenant "as is", without any obligation of Landlord to alter, remodel, improve, repair or decorate any part of the Expansion Space, to perform any demolition other construction or other work of improvement upon the Expansion Space, or to deliverprovide Tenant with any construction or refurbishing allowance whatsoever, make and without any express or install implied representations or warranties of any materials kind, including, without limitation, any representation or improvements in, to or at warranty regarding the Expansion Space and Tenant shall accept the Expansion Space in “as is” condition on the Expansion Space Commencement Date. b. Landlord, at Landlord’s expense, shall perform the following work (collectively, “Landlord’s Work”): i. promptly after this Amendment is fully executed and delivered, Landlord shall modify lobby space as shown on Exhibit B-Lobby Plan and begin to refurbish the lobby space (as applicable). Tenant shall have the right at its sole expense to upgrade lobby finishes beyond the standard building finish, provided the upgrades do not delay the completion of Landlord’s Work or any portion thereof and are reasonably satisfactory to Landlord; ii. not later than on the Demising Deadline, Landlord shall substantially complete the demising of the Expansion Space along or the I-270 side Building or the suitability of the Expansion Space by completing the addition of the wall to separate the two premises and the installation of dedicated front door either for the Expansion Space (the “Demising Work”). Tenant shall have the right at its sole expense to upgrade the quality and/or security features conduct of its front door beyond the standard building finish, provided the upgrades do not delay the completion of Landlord’s work or any portion thereof and are reasonably satisfactory to Landlord. The “Demising Deadline” shall be the date that is sixty (60) days after this Amendment is fully executed and delivered, which date shall be extended on a day for day basis for each day that Landlord is delayed in substantially completing the Demising Work due to any delay caused by Tenant and/or by reason of labor disputes, war, terrorism, civil unrest, inclement weather, fire or other casualty, accidents, orders or regulations of any governmental authority, governmental delays or any other cause beyond the reasonable control of Landlord (a “Force Majeure Delay”); and iii. promptly after this Amendment is fully executed and delivered, Landlord shall perform such additional work as might be necessary to reasonably achieve a clear separation of the Expansion Space from its supporting utility infrastructureTenant's business. c. If Landlord does not substantially complete the Demising Work on or before the Demising Deadline, as Tenant’s sole remedy, Tenant shall have the unqualified right to terminate this Amendment; provided, however, in order to exercise such termination right, Tenant shall give Landlord written notice of such termination prior to the earlier of 5.2 Landlord’s substantial completion of the Demising Work or within thirty-one (31) days after the Demising Deadline. i. Beginning on 's Work. Promptly following the Expansion Space Commencement Date, Tenant Landlord shall be entitled provide up to access the Expansion Space so Tenant can make Alterations to 10 electrical drops in the Expansion Space, re-carpet one conference room and replace all stained ceiling tiles, all to the reasonable satisfaction of Landlord and Tenant ("Landlord's Work"). Tenant shall designhereby acknowledges that Landlord's performance of Landlord's Work may be conducted during normal business hours and may create disruption, construct and install such Alterations noise, dust or temporarily leave debris in accordance with the provisions of Section 10-Alterations of the Lease and Landlord’s then current rules for third-party construction at the Building. iiPremises. Landlord shall provide Tenant with a tenant improvement allowance for the Expansion Space in an amount equal to the product of Ten Dollars ($10.00) multiplied by the rentable area of the Expansion Space (i.e., 10,428 rentable square feet) (the “Expansion Space Allowance”). Landlord shall disburse the Expansion Space Allowance in accordance with Landlord’s standard leasehold improvement allowance disbursement procedures. The Expansion Space Allowance shall be applied solely towards the third-party design, construction and installation costs incurred by Tenant in connection with the Expansion Space Alterations; providedshall, however, use commercially reasonable efforts to minimize any interference with the conduct of Tenant's business in the Premises during the performance of Landlord's Work. Tenant hereby agrees that Landlord's Work and Landlord's actions in connection therewith shall have the right in no way constitute a constructive eviction of Tenant nor entitle Tenant to apply up to fifty percent (50%) any abatement of the Expansion Space Allowance towards Tenant’s Relocation Costs.Rent. Subject

Condition of Expansion Space. a. Except as set forth in Section 6b, Landlord shall have no obligation to perform any demolition work or to deliver, make or install any materials or improvements in, to or at the Expansion Space and Tenant shall accept notify Landlord in writing within thirty (30) days after the later of Substantial Completion of the Landlord Expansion Space in “as is” condition on the Expansion Space Commencement Date. b. Landlord, at Work or Landlord’s expense, shall perform the following work (collectively, “Landlord’s Work”): i. promptly after this Amendment is fully executed and delivered, Landlord shall modify lobby space as shown on Exhibit B-Lobby Plan and begin to refurbish the lobby space (as applicable). Tenant shall have the right at its sole expense to upgrade lobby finishes beyond the standard building finish, provided the upgrades do not delay the completion delivery of Landlord’s Work or any portion thereof and are reasonably satisfactory to Landlord; ii. not later than on the Demising Deadline, Landlord shall substantially complete the demising possession of the Expansion Space along of any “punch list items” with respect to the I-270 side Landlord Expansion Work or any patent defects claimed by Tenant in the materials or workmanship furnished by Landlord in completing the Landlord Expansion Work. Landlord shall proceed diligently to correct the items stated in such notice (and shall use commercially reasonable efforts to complete the correction of such items within thirty (30) days, to the extent such work can reasonably be accomplished within thirty (30) days). If Landlord disputes the existence of any such items, the decision of the Architect (as defined in the Expansion Workletter) shall be final and binding on the premises, and Landlord shall proceed promptly after the decision of the Architect to correct such items in accordance with the immediately preceding sentence. No agreement of Landlord to alter, remodel, decorate, clean or improve the Expansion Space or the Real Property and no representation regarding the condition of the Expansion Space by completing or the addition of the wall to separate the two premises and the installation of dedicated front door for the Expansion Space (the “Demising Work”). Tenant shall have the right at its sole expense to upgrade the quality and/or security features of its front door beyond the standard building finish, provided the upgrades do not delay the completion of LandlordReal Property in connection with Tenant’s work or any portion thereof and are reasonably satisfactory to Landlord. The “Demising Deadline” shall be the date that is sixty (60) days after this Amendment is fully executed and delivered, which date shall be extended on a day for day basis for each day that Landlord is delayed in substantially completing the Demising Work due to any delay caused by Tenant and/or by reason of labor disputes, war, terrorism, civil unrest, inclement weather, fire or other casualty, accidents, orders or regulations of any governmental authority, governmental delays or any other cause beyond the reasonable control of Landlord (a “Force Majeure Delay”); and iii. promptly after this Amendment is fully executed and delivered, Landlord shall perform such additional work as might be necessary to reasonably achieve a clear separation occupancy of the Expansion Space from its supporting utility infrastructure. c. If has been made by or on behalf of Landlord does not substantially complete to Tenant, except as may be specifically stated in this First Amendment or in the Demising Work on or before Expansion Workletter. Notwithstanding the Demising Deadlineforegoing, as Tenant’s sole remedy, Tenant Landlord shall have the unqualified right to terminate this Amendment; provided, however, in order to exercise such termination right, Tenant shall give Landlord written notice of such termination prior to the earlier of Landlord’s substantial completion of the Demising Work or within thirty-one (31) days after the Demising Deadline. i. Beginning on deliver the Expansion Space Commencement Date, Tenant shall be entitled to access the Expansion Space so Tenant can make Alterations to the Expansion Space. Tenant shall design, construct and install such Alterations in accordance with the provisions of Section 10-Alterations of the Lease and Landlord’s then current rules for third-party construction at the Building. ii. Landlord shall provide Tenant with a tenant improvement allowance for the Expansion Space in an amount equal to the product of Ten Dollars ($10.00) multiplied by the rentable area of the Expansion Space (i.e., 10,428 rentable square feet) (the “Expansion Space Allowance”). Landlord shall disburse the Expansion Space Allowance in accordance with Landlord’s standard leasehold improvement allowance disbursement procedures. The Expansion Space Allowance shall be applied solely towards the third-party design, construction and installation costs incurred by Tenant in connection “broom clean” condition and with the Expansion Space Alterations; provided, however, Tenant shall have the right to apply up to fifty percent (50%) of the Expansion Space Allowance towards Tenant’s Relocation Costsall Building systems in good working order.