Common use of Expansion of the Premises Clause in Contracts

Expansion of the Premises. That certain space located on the first ------------------------- (1st), mezzanine and third (3rd) floors of the Building consisting of 15,840 rentable square feet, known as Suites 101 (2,651 rentable square feet), 102 (1,014 rentable square feet), M-100 (3,585 rentable square feet) and 310 (8,590 rentable square feet), as outlined on the floor plan attached hereto as Exhibits. "A-1" through "A-3" and made a part hereof, is referred to herein as the "Expansion Space." Tenant shall lease portions of the Expansion Space in phases, effective as of the date ("Expansion Commencement Date") that is the date Landlord tenders possession of the applicable portion of the Expansion Space to Tenant. Accordingly, effective upon the Expansion Commencement Date for a particular portion of the Expansion Space, the Existing Premises shall be increased to include such portion of the Expansion Space. The addition of the entire Expansion Space to the Existing Premises shall, effective as of the last Expansion Commencement Date, increase the number of rentable square feet leased by Tenant in the Building to a total of 32,391 rentable square feet. The Expansion Commencement Date is anticipated to be July 1, 2000 as to Suite 101, August 1, 2000 as to Suites M-100 and 102, and November 1, 2000 as to Suite 310; however, Landlord will not be in default under the Lease if the applicable Expansion Commencement Date does not occur by such dates. In the event that Landlord has not delivered the applicable portion of the Expansion Space to Tenant on or before the "Outside Date," which shall be one hundred eighty (180) days after the anticipated date of delivery of such portion of the Expansion Space, then the sole remedy of Tenant shall be the right to deliver a notice to Landlord (the "Outside Date Termination Notice") electing to terminate this Amendment as to that portion of the Expansion Space only (and monthly Base Rent and Lessee's Percentage Share shall be adjusted accordingly and the Stated Amount of the Letter of Credit shall be decreased by an amount equal to $61.75 multiplied by the number of rentable square feet terminated by Tenant), effective upon receipt of the Outside Date Termination Notice by Landlord (the "Effective Date"). Except as provided hereinbelow, the Outside Date Termination Notice may be delivered by Tenant to Landlord, if at all, during the period from the Outside Date through the date of delivery of the applicable portion of the

Expansion of the Premises. That certain space located on With respect to the first ------------------------- Expansion Premises, all references to the “Lease Term” in the Lease and this Amendment shall be deemed references to the Suite 100 Term (1stas defined in Section 2.a [Suite 100 Term] below), mezzanine and third the Suite 160 Term (3rd) floors of the Building consisting of 15,840 rentable square feet, known as Suites 101 (2,651 rentable square feetdefined in Section 2.b [Suite 160 Term] below), 102 and the Suites 140A and 240 Term (1,014 rentable square feet), M-100 (3,585 rentable square feet) as defined in Section 2.c [Suites 140A and 310 (8,590 rentable square feet240 Term]), as outlined on applicable. The ▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇ Term, and the floor plan attached hereto as Exhibits. "A-1" through "A-3" Suites 140A and made a part hereof, is 240 Term are sometimes collectively referred to herein as the "“Expansion SpaceTerm." ” The Suite 100 Expansion Date, the Suite 160 Expansion Date, and the Suites 140A and 240 Expansion Date are sometimes collectively referred to herein as the “Expansion Dates.” Promptly following substantial completion of the Tenant Improvements pursuant to Section 11 (Tenant Improvements) below, and the Building Upgrades to Building 4 pursuant to Section 12 (Building Upgrades) below, which work is expected to result in changes to the rentable square feet of the Building, Landlord shall, at its sole cost and expense, cause Landlord’s architect to measure the rentable square feet of the Modified Premises pursuant to the Standard Method for Measuring Floor Area in Office Buildings, ANSI Z65.1-2010 (“BOMA”). Landlord shall cause its architect to deliver to Tenant written notice (the “Landlord’s Measurement Notice”), setting forth Landlord’s architect’s measurement of the Modified Premises (“Landlord’s Measurements”) for incorporation into an amendment to the Lease (in accordance with Section 5 [Base Rent] below). Landlord’s Measurements shall be subject to Tenant’s right to have such measurements confirmed by an architect or other qualified space measurement consultant retained by Tenant (the “Tenant’s Measurement Consultant”), at Tenant’s sole cost and expense, within ten (10) business days following Tenant’s receipt of Landlord’s Measurement Notice. Upon Tenant’s request, within such ten (10) business day period, Landlord agrees to reasonably support Tenant’s efforts to confirm Landlord’s Measurements as follows: (i) if requested by Tenant, Landlord shall cause Landlord’s architect to consult with Tenant’s Measurement Consultant in such efforts; and (ii) Landlord shall permit Tenant’s Measurement Consultant to field-check Landlord’s Measurements. If Tenant’s Measurement Consultant reasonably determines that any of Landlord’s Measurements are incorrect, Tenant shall lease portions have the right to deliver to Landlord a written notice of such determination (the “Tenant’s Objection Notice”) within fifteen (15) business days following Tenant’s receipt of Landlord’s Measurement Notice. Promptly following Tenant’s delivery to Landlord of Tenant’s Objection Notice, Landlord and Tenant and their respective architects and space measurement consultants shall promptly meet in good faith in an attempt to resolve any disagreement regarding the measurement of the Expansion Space Premises. If Tenant and Landlord reach mutual agreement regarding any modifications to Landlord’s Measurements for incorporation into the Lease, such mutually-approved measurements shall be the Binding Measurements (as hereinafter defined). If Tenant fails to timely deliver Tenant’s Objection Notice, Landlord’s Measurements shall be deemed to be the Binding Measurements. Otherwise, if Landlord and Tenant are unable, despite their mutual good faith efforts, to agree upon the Binding Measurements within thirty (30) days following the date of Landlord’s receipt of Tenant’s timely Objection Notice, then the parties shall (i) promptly appoint a mutually-selected independent architect to field-check the measurements set forth in phasesLandlord’s Measurement Notice in accordance with BOMA, to be retained at a cost to be split evenly by Landlord and Tenant, and (ii) submit their respective measurements of the rentable square feet of the Modified Premises and Building 4 (in those amounts last proposed in writing to the other party pursuant to the parties’ good faith efforts to resolve such disagreement, their respective “Final Proposed Measurements”). The measurement of the rentable square feet of the Modified Premises and Building 4 as determined by the independent architect shall be binding on the parties (the “Binding Measurements”) and incorporated into the Lease effective as of the date Expansion Dates in accordance with Section 5 ("Base Rent) below. Each party shall bear the cost of its own architect or space measurement consultant in performing measurements and participating in the verification and consultation rights and obligations under this Section 2 (Expansion Commencement Date") that is the date Landlord tenders possession of the applicable portion Premises), and the cost of any mutually-selected independent architect shall be equally borne by the parties. For purposes of this Amendment, the rentable square footage of the Expansion Space to Tenant. Accordingly, effective upon the Expansion Commencement Date for a particular portion of the Expansion Space, the Existing Modified Premises and Building 4 shall be increased to include such portion of the Expansion Space. The addition of the entire Expansion Space to the Existing Premises shall, effective as of the last Expansion Commencement Date, increase the number of rentable square feet leased by Tenant in the Building to calculated using a total of 32,391 rentable square feet. The Expansion Commencement Date is anticipated to be July 1, 2000 as to Suite 101, August 1, 2000 as to Suites M-100 and 102, and November 1, 2000 as to Suite 310; however, Landlord will not be in default under the Lease if the applicable Expansion Commencement Date does not occur by such dates. In the event that Landlord has not delivered the applicable portion of the Expansion Space to Tenant on or before the "Outside Date," which shall be one hundred eighty twelve percent (18012%) days after the anticipated date of delivery of such portion of the Expansion Space, then the sole remedy of Tenant shall be the right to deliver a notice to Landlord (the "Outside Date Termination Notice") electing to terminate this Amendment as to that portion of the Expansion Space only (and monthly Base Rent and Lessee's Percentage Share shall be adjusted accordingly and the Stated Amount of the Letter of Credit shall be decreased by an amount equal to $61.75 multiplied by the number of rentable square feet terminated by Tenant), effective upon receipt of the Outside Date Termination Notice by Landlord (the "Effective Date"). Except as provided hereinbelow, the Outside Date Termination Notice may be delivered by Tenant to Landlord, if at all, during the period from the Outside Date through the date of delivery of the applicable portion of theload factor.

Expansion of the Premises. That certain space located on The parties acknowledge and agree that the first ------------------------- (1st), mezzanine and third (3rd) floors Premises shall be enlarged by the addition of the Building consisting of 15,840 rentable square feet, known as Suites 101 (2,651 rentable square feet), 102 (1,014 rentable square feet), M-100 (3,585 rentable square feet) and 310 (8,590 rentable square feet), as outlined on the floor plan attached hereto as Exhibits. "A-1" through "A-3" and made a part hereof, is referred to herein as the "Fifth Floor Expansion Space." Tenant shall lease portions of the Expansion Space in phases, effective as of the date ("Expansion Commencement Date") that is the date Area upon delivery thereof by Landlord tenders possession of the applicable portion of the Expansion Space to Tenant, broom-clean with base building systems in good working order, with appropriate decommissioning thereof by the current occupant thereof, and free of claims of other occupants, but otherwise in its current condition, “As Is” and “Where Is,” with no representations or warranty by the Landlord as to the condition thereof or suitability thereof for Tenant’s intended use. Accordingly, effective upon the The Fifth Floor Expansion Commencement Date for a particular portion of the Expansion Space, the Existing Premises shall be increased to include such portion November 16, 2018 (the “Target Date”). If Landlord does not deliver the Fifth Floor Expansion Area on the Target Date in the condition required herein, then the Fifth Floor Expansion Commencement Date and the payment of the Expansion Space. The addition of the entire Expansion Space Annual Fixed Rent attributed to the Existing Premises shall, effective Fifth Floor Expansion Area shall be delayed until Landlord delivers the Fifth Floor Expansion Area in the condition required herein. Tenant covenants that it shall perform Tenant’s Work in the Fifth Floor Expansion Area (as more fully set forth in Paragraph 4 of this Third Amendment) and shall commence payment of Annual Fixed Rent and Additional Rent thereon as provided in Paragraphs 6 and 7 of this Third Amendment. From and after the last Fifth Floor Expansion Commencement Date, increase the number of Premises shall contain 47,493 rentable square feet leased by Tenant for all purposes including the calculation of Tenant’s share of Operating Expenses and Real Estate Taxes, and any reference in the Building Lease to a total Premises shall thereupon and thereafter include and refer to the Fifth Floor Expansion Area, PROVIDED, HOWEVER, that Annual Fixed Rent on the Fifth Floor Expansion Area shall be as set forth in Paragraph 6 of 32,391 rentable square feetthis Third Amendment. The Expansion Commencement Date is anticipated Landlord agrees to be July 1, 2000 as to Suite 101, August 1, 2000 as to Suites M-100 and 102, and November 1, 2000 as to Suite 310; however, Landlord will not be in default under the Lease if the applicable Expansion Commencement Date does not occur by such dates. In the event that Landlord has not delivered the applicable portion of the Expansion Space provide an allowance to Tenant on or before for the "Outside Date," which shall be one hundred eighty (180) days after the anticipated date performance of delivery of such portion of the Expansion Space, then the sole remedy of Tenant shall be the right to deliver a notice to Landlord (the "Outside Date Termination Notice") electing to terminate this Amendment Tenant’s Work as to that portion of the Expansion Space only (and monthly Base Rent and Lessee's Percentage Share shall be adjusted accordingly and the Stated Amount of the Letter of Credit shall be decreased by an amount equal to $61.75 multiplied by the number of rentable square feet terminated by Tenant), effective upon receipt of the Outside Date Termination Notice by Landlord (the "Effective Date"). Except as provided hereinbelow, the Outside Date Termination Notice may be delivered by Tenant to Landlord, if at all, during the period from the Outside Date through the date of delivery of the applicable portion of themore fully set forth in Paragraph 5 hereof.

Expansion of the Premises. That certain space located on the first ------------------------- (1st), mezzanine and third (3rd) floors floor of the Building building located and addressed at ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ consisting of 15,840 8,375 (7,295 usable) rentable square feet, feet and known as Suites 101 Suite 100 and that certain space located on the first (2,651 1st) floor of the building located and addressed at ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ consisting of 15,344 rentable (13,366 usable) square feet), 102 (1,014 rentable square feet), M-100 (3,585 rentable square feet) feet and 310 (8,590 rentable square feet)known as Suite 100, as outlined on the floor plan attached hereto as Exhibits. Exhibit "A-1" through "A-3A" and made a part hereof, is may be referred to herein as the "Expansion SpaceEXPANSION SPACE." Effective as of September 1, 1998 ("EXPANSION COMMENCEMENT DATE"), Tenant shall lease portions of from Landlord and Landlord shall lease to Tenant the Expansion Space in phases, effective as of the date ("Expansion Commencement Date") that is the date Landlord tenders possession of the applicable portion of the Expansion Space to TenantSpace. Accordingly, effective upon the Expansion Commencement Date for a particular portion of the Expansion SpaceDate, the Existing Premises shall be increased to include such portion of the Expansion Space. The Landlord and Tenant hereby agree that such addition of the entire Expansion Space to the Existing Premises shall, effective as of the last Expansion Commencement Date, increase the number of rentable square feet leased by Tenant in the Building to a total of 32,391 35,346 rentable square feet. The Effective as of the Expansion Commencement Date, all references to the "Premises" shall mean and refer to the Existing Premises as expanded by the Expansion Space. Notwithstanding anything to the contrary contained herein, Tenant shall have the right to commence business from the Expansion Space during the period prior to the Expansion Commencement Date is anticipated (the "EARLY OCCUPANCY PERIOD"), provided that (i) Tenant shall give Landlord at least ten (10) days prior notice of any such occupancy of the Expansion Space and (ii) all of the terms and conditions of the Lease, as amended by this First Amendment shall apply, including Tenant's obligations to be July 1, 2000 as to Suite 101, August 1, 2000 as to Suites M-100 and 102, and November 1, 2000 as to Suite 310; however, Landlord will not be in default under pay Monthly Base Rent for the Lease if the applicable Expansion Commencement Date does not occur by such dates. In the event that Landlord has not delivered the applicable portion of the Expansion Space to so utilized by Tenant on or before the "Outside Date," (which rent shall be one hundred eighty (180) days after the anticipated date of delivery of such portion of the Expansion Space, then the sole remedy of Tenant shall be the right to deliver a notice to Landlord (the "Outside Date Termination Notice") electing to terminate this Amendment as to that portion of the Expansion Space only (and monthly Base Rent and Lessee's Percentage Share shall be adjusted accordingly and the Stated Amount of the Letter of Credit shall be decreased by an amount equal to $61.75 multiplied by prorated based upon the number of rentable square feet terminated by Tenantof such space at Two Dollars ($2.00) per rentable square foot per month), effective upon receipt of the Outside Date Termination Notice by Landlord (the "Effective Date"). Except as provided hereinbelow, the Outside Date Termination Notice may be delivered by Tenant to Landlord, if at all, during the period from the Outside Date through the date of delivery of the applicable portion of the.