Common use of Expansion of the Premises Clause in Contracts

Expansion of the Premises. The parties acknowledge and agree that the Premises shall be enlarged by the addition of the Expansion Area upon delivery thereof as of the Expansion Commencement Date by Landlord to Tenant, broom-clean (other than existing FFE of the current occupant pursuant to separate agreement between Tenant and the current occupant) 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. Tenant covenants that it shall perform Tenant’s Work in the Expansion Area (as more fully set forth in Paragraph 3 of this Second Amendment) and shall commence payment of Rent thereon on the Expansion Commencement Date. From and after the Expansion Commencement Date, the Premises shall contain 29,562 rentable square feet for all purposes including the calculation of Tenant’s Percentage Share of Excess Operating Expenses and Taxes, and any reference in the Lease to Premises shall thereupon and thereafter include and refer to the Expansion Area, PROVIDED, HOWEVER, that Annual Fixed Rent on the Expansion Area shall be as set forth in Paragraph 5 of this Second Amendment. Landlord agrees to provide an allowance to Tenant for the performance of Tenant’s Work as more fully set forth in Paragraph 4 hereof.

Expansion of the Premises. The parties acknowledge In the event that Tenant provides Landlord with its Notice of Intent to lease the Option Space in the manner provided hereinabove, then, no later than thirty (30) days following Tenant's receipt of Landlord's Notice of Availability (or five (5) business days following Tenant's receipt of the "Amendment" from Landlord, as provided hereinafter, whichever is later), Landlord and agree that Tenant shall execute an amendment to this Lease (the "Amendment") to be prepared by Landlord documenting the expansion of the Premises to include the Option Space, which shall be enlarged by the addition subject to all existing terms of the Expansion Area upon delivery thereof Lease except as specified in Landlord's Notice of Availability; the Option Space Rent; and the date on which the Option Space is to become a part of the Expansion Commencement Date by Landlord to TenantPremises, broom-clean (other than existing FFE of the current occupant pursuant to separate agreement between Tenant and the current occupant) 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. Tenant covenants that it shall perform Tenant’s Work in the Expansion Area (as more fully set forth in Paragraph 3 of this Second Amendment) and shall commence payment of Rent thereon on the Expansion Commencement Date. From and after the Expansion Commencement Date, the Premises shall contain 29,562 rentable square feet for all purposes including the calculation of Tenant’s Percentage Share of Excess Operating Expenses and Taxes, and any reference in the Lease to Premises shall thereupon and thereafter include and refer to the Expansion Area, PROVIDED, HOWEVER, that Annual Fixed Rent on the Expansion Area shall be as set forth in Paragraph 5 Landlord's Notice of this Second AmendmentAvailability. Landlord agrees In the event that Tenant elects to provide an allowance proceed with the Arbitration procedure set forth herein, then the Amendment presented to Tenant for documenting the performance expansion of Tenant’s Work as more fully the Premises shall provide that the rent initially applicable to the Option Space shall be the Option Space Rent set forth in Paragraph 4 hereofLandlord's Notice of Availability, until the same is determined through the Arbitration procedure, and upon completion of the Arbitration procedure, the parties shall execute a further amendment to this Lease documenting the amount of the Option Space Rent as determined by Arbitration. In the event that Tenant fails to execute the Amendment within the time required by the terms of this paragraph, then the Right of First Offer shall terminate as to the Option Space, and Landlord shall thereafter be entitled to market and lease the Option Space to any prospective tenant upon such terms and conditions as Landlord may deem appropriate.

Expansion of the Premises. 2.1 As of January 1, 2016 (the "Expansion Effective Date"), Tenant shall lease from Landlord and Landlord shall lease to Tenant the Garage. The parties acknowledge and agree that Garage is outlined in the Premises shall be enlarged by the addition of the Expansion Area upon delivery thereof diagram attached as Exhibit G-1 hereto. Consequently, as of the Expansion Commencement Date by Landlord to Tenant, broom-clean (other than existing FFE of the current occupant pursuant to separate agreement between Tenant and the current occupant) 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. Tenant covenants that it shall perform Tenant’s Work in the Expansion Area (as more fully set forth in Paragraph 3 of this Second Amendment) and shall commence payment of Rent thereon on the Expansion Commencement Date. From and after the Expansion Commencement Effective Date, (a) the Premises shall contain 29,562 rentable square feet for all purposes including the calculation of Tenant’s Percentage Share of Excess Operating Expenses and Taxes, and any reference "Premises" as defined in the Lease shall include both the Office Premises and the Garage, and (b) the Office Premises and the Garage shall be referred to Premises collectively in the Lease as amended hereby (the "Amended Lease") as the "Premises" (except as otherwise provided in this Third Amendment). It is intended by the parties hereto that this Third Amendment shall thereupon constitute the "Parking Agreement" contemplated in Section 12.3 of the Second Amendment, and thereafter include therefore the sole agreement of Landlord and refer Tenant with respect to the Expansion Area, PROVIDED, HOWEVER, that Annual Fixed Rent on use of the Expansion Area shall be as set forth in Paragraph 5 of this Second Amendment. Landlord agrees to provide an allowance to Garage by Tenant for the performance remainder of the Term following the Expansion Effective Date. Following the Expansion Effective Date, Section 12 of the Second Amendment will be of no force or effect. 2.2 Subject to Landlord's certain repair and replacement obligations under the Amended Lease concerning the Premises, Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement, maintenance, repair and operation of the Garage, all of which shall be Tenant’s Work 's responsibility as more fully set forth provided (and subject to any express limitations) in Paragraph 4 hereofthis Third Amendment. Tenant shall accept the Garage and continue to accept the Office Premises in their presently existing "as-is" condition, subject only to any express obligations of Landlord under the Amended Lease to the contrary.

Expansion of the Premises. The parties In the event Tenant desires to lease additional space in the Project, Tenant shall notify Landlord of Tenant’s space requirement and Landlord shall use commercially reasonable efforts to cooperate with Tenant to find suitable additional space in the Project, subject to availability. Such additional space may be added to the Premises, or, upon agreement by the parties, may be provided in connection with a relocation of the Premises, at Tenant’s sole cost and expense, to other larger space in the Project. Tenant’s lease of any space in the Building other than the Premises shall be subject to the terms of this Lease, provided that Tenant shall pay Rent for such expansion or relocation space in an amount equal to the then-current fair market value for such space, as agreed to by the parties, in their sole and absolute discretion. Notwithstanding anything herein to the contrary, in the event the Premises are altered in accordance with the terms of this Section 1.2, this Lease shall be amended to reflect the addition of any such expansion space to the Premises or such relocation of the Premises. At such time, this Lease shall also be amended to include any additional provisions as mutually agreed upon by the parties, in their sole and absolute discretion, including, should the expanded and/or relocated premises include a laboratory, the addition or deletion of certain provisions to adapt this Lease to such modified use. Landlord and Tenant hereby acknowledge and agree that nothing contained in this Section 1.2 shall be construed as an obligation of either Landlord or Tenant to increase the size of the Premises or to agree to a relocation of the Premises, and the same shall only occur to the extent each party elects to consummate such a transaction, in the exercise of their respective sole and absolute discretion. Any such transaction shall be enlarged by the addition of the Expansion Area upon delivery thereof as of the Expansion Commencement Date by Landlord commemorated in a written amendment to Tenant, broom-clean (other than existing FFE of the current occupant pursuant to separate agreement between Tenant and the current occupant) 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. Tenant covenants that it shall perform Tenant’s Work in the Expansion Area (as more fully set forth in Paragraph 3 of this Second Amendment) and shall commence payment of Rent thereon on the Expansion Commencement Date. From and after the Expansion Commencement Date, the Premises shall contain 29,562 rentable square feet for all purposes including the calculation of Tenant’s Percentage Share of Excess Operating Expenses and Taxes, and any reference in the Lease to Premises shall thereupon and thereafter include and refer to the Expansion Area, PROVIDED, HOWEVER, that Annual Fixed Rent on the Expansion Area shall be as set forth in Paragraph 5 of this Second Amendment. Landlord agrees to provide an allowance to Tenant for the performance of Tenant’s Work as more fully set forth in Paragraph 4 hereofLease.