Common use of Expanded Premises Clause in Contracts

Expanded Premises. Effective on the later of January 1, 1999, or the date upon which Landlord tenders possession of Suite 1214 to Tenant (the "Effective Date"), Suite 1214 shall be included as part of the Premises for all purposes under the Lease. Tenant acknowledges that Suite 1214 is presently occupied by another tenant whom Landlord expects will vacate on or before December 31, 1998, but Landlord is making no representation or warranty in that regard. Notwithstanding anything to the contrary contained herein, if for any reason Landlord does not tender possession of Suite 1214 to Tenant on or before April 1, 1999, then Tenant shall have the right to cancel this Fourth Amendment to Lease (but not the balance of the Lease) by delivering to Landlord written notice of such cancellation at any time thereafter, provided that Tenant delivers such notice of cancellation to Landlord prior to Landlord's tender of possession of Suite 1214 to Tenant. Such right of cancellation of this Fourth Amendment to Lease shall be Tenant's sole remedy for Landlord's failure to tender possession of Suite 1214. Landlord reserves the right to cancel this Fourth Amendment to Lease prior to the Effective Date in the event of Landlord's failure for any reason to execute an agreement with the existing tenant in Suite 1214 concerning its vacation of Suite 1214 on terms acceptable to Landlord in its sole discretion.

Expanded Premises. Effective on the later of January 1, 1999, or the date upon which Landlord tenders possession of Suite 1214 1209 to Tenant (the "Effective Date"), Suite 1214 1209 shall be included as part of the Premises for all purposes under the Leaselease. Tenant acknowledges that Suite 1214 1209 is presently occupied by another tenant whom Landlord expects will vacate on or before December 31, 1998, but Landlord is making no representation or warranty in that regard. Notwithstanding anything to the contrary contained herein, if for any reason Landlord does not tender possession of Suite 1214 1209 to Tenant on or before April 1, 1999, then Tenant shall have the right to cancel this Fourth Fifth Amendment to Lease (but not the balance of the Lease) by delivering to Landlord written notice of such cancellation at any time thereafter, provided that Tenant delivers such notice of noticed cancellation to Landlord prior to Landlord's tender of possession of Suite 1214 1209 to Tenant. Such right of cancellation of this Fourth Fifth Amendment to Lease shall be Tenant's sole remedy for Landlord's failure to tender possession of Suite 12141209. Landlord reserves the right to cancel this Fourth Fifth Amendment to Lease prior to the Effective Date in the event of Landlord's failure for any reason to execute an agreement with the existing tenant in Suite 1214 1209 concerning its vacation of Suite 1214 1209 on terms acceptable to Landlord in its sole discretion.