Common use of Expansion Space Clause in Contracts

Expansion Space. Subject to the terms and conditions contained in the following sections, Lessee shall be obligated to lease that certain space contiguous to the Premises known as Suite 325 which contains approximately 1,308 rentable square feet (the "Expansion Space") as soon as it becomes available to Lessor for leasing. 34.1 Whenever the current tenant of the Expansion Space vacates the same such that the Expansion Space is available to Lessor to re-lease, Lessor shall notify Lessee in writing that the Expansion Space is available. Within ten (10) days after receiving such notice, Lessee shall execute a lease amendment in the form attached hereto and incorporated herein by this reference as Exhibit "D." 34.2 The effective date of Lessee's leasing of the Expansion Space shall be the date Lessor delivers the Expansion Space to Lessee with the Expansion Improvements (as defined in Section 34.3 below) substantially complete. Lessor shall give Lessee ten (10) days' prior notice of the date that Lessor anticipates completing the Expansion Improvements and delivering the Expansion Space to Lessee. Lessee's leasing of the Expansion Space shall be for the same term, and upon the same terms, covenants, and conditions set forth in this Lease, except as follows: (i) Base Monthly Rental shall be increased by an amount equal to the then-applicable per square foot rental rate set forth in Section 3.1.1 of this Lease (or otherwise calculable based on the monthly figures set forth in such section) multiplied by 1,308, provided, however, if the effective date of Lessee's leasing of the Expansion Space shall occur prior to September 1, 2000, Base Monthly Rental owing under this Lease from such effective date through August 31, 2000, shall be increased by an amount equal to One and 95/100 Dollars ($1.95) multiplied by 1,308, and thereafter increased in accordance with the table set forth in Section 3.1.1 of this Lease. (ii) Lessee's pro rata share of Operating Expenses, as set forth in Section 11.3 of this Lease, shall be increased by a percentage determined by multiplying 100 times the result of dividing the square footage of the Expansion Space by the rentable area of the Building. 34.3 Prior to delivering possession of the Expansion Space to Lessee, Lessor shall, at its sole cost and expense, complete those mutually agreed upon improvements set forth in the plans and specifications attached hereto and incorporated herein by this reference as Exhibit "I" (the "Expansion Improvements"). If Tenant makes any changes to the plans and specifications attached hereto that results in an increase in Lessor's costs to complete the Expansion Improvements, Lessee shall be solely responsible for such increased costs and shall reimburse Lessor for such increased costs upon receipt from Lessor of evidence of such increased costs. Other than the Expansion Improvements to be completed by Lessor, Lessee agrees to accept possession of the Expansion Space in its then-existing "as-is" condition."

Expansion Space. Subject 2.1 The "Future Premises" is hereby redefined to be all of the terms and conditions contained interior RSF on Floor 1 in the following sectionsBuilding, Lessee with the exceptions of (a) the portions thereof already included in the Initial Premises, (b) a certain below-described common area lobby (which may be excluded on only a temporary basis, as outlined below) and (c) the portion thereof in excess of 25,000 RSF. Such excess portion (likely to be roughly 3,000 RSF to roughly 5,000 RSF) shall be obligated deemed to lease that certain space contiguous to be part of the Premises known as Suite 325 which contains approximately 1,308 rentable square feet (the below-described "Expansion Space" and shall hereinafter be referred to as the "Higher Rent Portion of Floor 1", because the primary reason for drawing a distinction between the Future Premises and the Higher Rent Portion of Floor 1 is that the Higher Rent Portion of Floor 1, being a part of the Expansion Space, will cost Tenant and generate to Landlord higher rent than is the case with regard to the Future Premises. The "Expansion Space" is hereby defined to be the Higher Rent Portion of Floor 1 and all of the interior RSF on Floors 2, 3 and 4 in the Building, with the exception of the portions thereof already included in the Initial Premises, and with the further exception of a certain below-described common area lobby (which may be excluded on only a temporary basis, as outlined below). In other words, the Expansion Space is made up of (a) the Higher Rent Portion of Floor 1, (b) roughly the south half of Floors 2 and 3, each of which half floor contains roughly 30,000 RSF, and (c) roughly 25,000 RSF on Floor 4, yielding an Expansion Space totaling approximately 90,000 RSF. The Floor 2 portion of the Expansion Space shall hereinafter be referred to as "Expansion Space Two"; the Floor 3 portion of the Expansion Space shall hereinafter be referred to as "Expansion Space Three" ; and the Floor 4 portion of the Expansion Space shall hereinafter be referred to as "Expansion Space Four". 2.2 The RSF in the Expansion Space shall be measured in accordance with Section 2(a) of the Lease. Landlord and Tenant acknowledge and agree that the Future Premises and all of the Expansion Space will forever exclude an exterior entrance (on Floor 1) and small elevator lobby (on Floors 1 through 4) in the southeast corner of the Building, which entrance and lobby shall serve the occupants of the Ground Floor and Floor 5. The location and approximate dimensions of such southeast entrance and lobby are shown on the floor plan attached hereto as Exhibit A, and incorporated herein by this reference. In addition, at least until such time as Tenant has occupied all of the Expansion Space and the Future Premises, the Future Premises shall also exclude an exterior entrance and common area elevator lobby located on the eastern side of the Future Premises north of the loading docks (such entrance and lobby shall hereinafter be referred to as the "South Building Lobby"). The location and approximate dimensions of the South Building Lobby are shown on Exhibit A. Finally, at least until such time as Tenant has occupied all of the Expansion Space and the Future Premises, Expansion Space Two will exclude the skybridge entrance and common area lobby located on the eastern side of Expansion Space Two immediately adjacent to the skybridge (such entrance and lobby shall hereinafter be referred to as the "Skybridge Lobby"). The location and approximate dimensions of the Skybridge Lobby are shown on the floor plan attached hereto as Exhibit A and incorporated herein by this reference. The Art Institute of Seattle ("AIS") as soon as it becomes available to Lessor for leasing. 34.1 Whenever is the current tenant of the Expansion Space vacates Ground Floor and Floor 5. Under its lease, AIS's staff and employees (as distinct from students) have the same right to enter the Building at the Skybridge Lobby and to then take an elevator in the Skybridge Lobby to the South Building Lobby, at which point they must exit the Building and re-enter at the above- described southeast entrance and lobby or at their newly created entrance on the southwest corner of the Ground Floor. If AIS relinquishes such that rights to the Skybridge Lobby and the South Building Lobby on or before the date on which Tenant occupies all of the Expansion Space and the Future Premises, which Landlord currently thinks is available to Lessor to re-leaselikely, Lessor shall notify Lessee in writing that then, once Tenant has occupied all of the Expansion Space and the Future Premises, the Future Premises and Expansion Space Two will include the South Building Lobby and the Skybridge Lobby, respectively. If, on the other hand, AIS does not relinquish such rights on or before the date on which Tenant occupies all of the Expansion Space and the Future Premises, then the Future Premises and Expansion Space Two will exclude the South Building Lobby and the Skybridge Lobby, respectively, throughout the entire term of the Lease. Finally, Sections 2(b) and 2(c) of the Lease are hereby revised by deleting all references to the "AIS Elliot Level Space". 2.3 In lieu of having the right to designate the location of the Future Premises through July 1, 1999, as such right is available. Within ten (10outlined in Section 2(c) days after receiving such noticeof the Lease, Lessee Landlord shall execute a lease amendment in have the form attached hereto right through July 1, 1999 to reverse Expansion Space Three and incorporated herein by this reference as Exhibit "D." 34.2 The effective date of Lessee's leasing Expansion Space Four, so that the Floor 3 portion of the Expansion Space shall be the date Lessor delivers the become Expansion Space to Lessee with Four and the Expansion Improvements (as defined in Section 34.3 below) substantially complete. Lessor shall give Lessee ten (10) days' prior notice of the date that Lessor anticipates completing the Expansion Improvements and delivering the Expansion Space to Lessee. Lessee's leasing Floor 4 portion of the Expansion Space shall be for the same term, and upon the same terms, covenants, and conditions set forth in this Lease, except as follows: (i) Base Monthly Rental shall be increased by an amount equal to the then-applicable per square foot rental rate set forth in Section 3.1.1 of this Lease (or otherwise calculable based on the monthly figures set forth in such section) multiplied by 1,308, provided, however, if the effective date of Lessee's leasing of the become Expansion Space shall occur prior to September 1, 2000, Base Monthly Rental owing under this Lease from such effective date through August 31, 2000, shall be increased by an amount equal to One and 95/100 Dollars ($1.95) multiplied by 1,308, and thereafter increased in accordance with the table set forth in Section 3.1.1 of this LeaseThree. (ii) Lessee's pro rata share of Operating Expenses, as set forth in Section 11.3 of this Lease, shall be increased by a percentage determined by multiplying 100 times the result of dividing the square footage of the Expansion Space by the rentable area of the Building. 34.3 Prior to delivering possession of the Expansion Space to Lessee, Lessor shall, at its sole cost and expense, complete those mutually agreed upon improvements set forth in the plans and specifications attached hereto and incorporated herein by this reference as Exhibit "I" (the "Expansion Improvements"). If Tenant makes any changes to the plans and specifications attached hereto that results in an increase in Lessor's costs to complete the Expansion Improvements, Lessee shall be solely responsible for such increased costs and shall reimburse Lessor for such increased costs upon receipt from Lessor of evidence of such increased costs. Other than the Expansion Improvements to be completed by Lessor, Lessee agrees to accept possession of the Expansion Space in its then-existing "as-is" condition."

Expansion Space. Subject to the terms and conditions contained in the following sections, Lessee Tenant shall be obligated to lease that certain space contiguous to the Premises known as Suite 325 which contains approximately 1,308 rentable square feet have two (the "Expansion Space"2) as soon as it becomes available to Lessor for leasing. 34.1 Whenever the current tenant of the “Expansion Space vacates the same such that the Expansion Space is available to Lessor to re-leaseOptions”, Lessor shall notify Lessee in writing that the Expansion Space is available. Within ten (10) days after receiving such notice, Lessee shall execute a lease amendment in the form attached hereto and incorporated herein by this reference as Exhibit "D." 34.2 The effective date of Lessee's leasing of the Expansion Space shall be the date Lessor delivers the Expansion Space to Lessee with the Expansion Improvements (as defined in Section 34.3 below) substantially complete. Lessor shall give Lessee ten (10) days' prior notice of the date that Lessor anticipates completing the Expansion Improvements and delivering the Expansion Space to Lessee. Lessee's leasing of the Expansion Space shall be for the same term, and upon the same terms, covenants, and conditions set forth in this Lease, except as follows: (i) Base Monthly Rental Tenant shall be increased by an amount equal have a one-time option to lease from Landlord certain space on the eighth (8th) floor of the Building (“Expansion Space #1”), comprising not less than five thousand (5,000) rentable square feet and not more than seven thousand five hundred (7,500) rentable square feet, at a location contiguous to the then-applicable per square foot rental rate set forth Initial Eighth Floor Space (except as provided below), as such Expansion Space #1 is reasonably designated by Landlord, which space (A) shall have a demising wall which connects the corridor wall in Section 3.1.1 the Common Areas of this Lease the floor on which Expansion Space #1 is located to a mullion in a straight line, except for a deviation of not to exceed ten feet (or otherwise calculable based 10’) and (B) shall result in the remainder of the space located on the monthly figures set forth floor on which Expansion Space #1 is located and which is not then leased by Tenant being in such section) multiplied by 1,308, marketable condition; provided, however, if that in the effective date of Lessee's leasing event that Tenant does not lease all or any portion of the Initial Eighth Floor Space and Tenant does not lease all space on the Seventh (7th) floor of the Building, then Expansion Space shall occur prior to September 1, 2000, Base Monthly Rental owing under this Lease from such effective date through August 31, 2000, #1 shall be increased all space on the seventh (7th) floor of the Building which is not leased by an amount equal to One and 95/100 Dollars Tenant ($1.95even if such Expansion Space #1 is less than five thousand (5,000) multiplied by 1,308rentable square feet) or, and thereafter increased if at such time no rentable square footage is available for Expansion Space #1 on the seventh (7th) floor of the Building, then Landlord shall reasonably designate space on the eighth (8th) floor of the Building as Expansion Space #1 in accordance with the table foregoing criteria. Expansion Space #1, if and when so leased by Tenant, shall become part of the Premises and shall be subject to the terms and conditions of this Lease, except as set forth in this Section 3.1.1 of this Lease.41; and (ii) Lessee's pro rata share of Operating Expenses, as set forth in Section 11.3 of this Lease, Tenant shall be increased by have a percentage determined by multiplying 100 times one-time option to lease from Landlord certain space on the result of dividing the square footage eighth (8th) floor of the Building (“Expansion Space by #2”), comprising not less than five thousand (5,000) rentable square feet and not more than seven thousand five hundred (7,500) rentable square feet on the rentable area eighth (8th) floor of the Building. 34.3 Prior , which Expansion Space #2 shall be contiguous (except as provided below) to delivering possession Tenant’s portion of the Premises then located on the eighth (8th) floor of the Building, which Expansion Space to Lessee#2 shall be in a location reasonably designated by Landlord, Lessor shall, at its sole cost and expense, complete those mutually agreed upon improvements set forth which space (A) shall have a demising wall which connects the corridor wall in the plans Common Areas of the floor on which Expansion Space #2 is located to a mullion in a straight line, except for a deviation of not to exceed ten feet (10’), and specifications attached hereto (B) shall result in the remainder of the space located on the floor on which Expansion Space #2 is located and incorporated herein which is not then leased by this reference as Exhibit "I" (Tenant being in marketable condition; provided, however, that in the "event that Tenant does not lease all or any portion of the Initial Eighth Floor Space, then Expansion Improvements"). If Tenant makes any changes to the plans and specifications attached hereto that results in an increase in Lessor's costs to complete the Expansion Improvements, Lessee Space #2 shall be solely responsible for such increased costs and shall reimburse Lessor for such increased costs upon receipt from Lessor of evidence of such increased costs. Other than all space on the Expansion Improvements to be completed by Lessor, Lessee agrees to accept possession seventh (7th) floor of the Building which is not leased by Tenant (even if such Expansion Space #2 is less than five thousand (5,000) rentable square feet), or, if at such time no rentable square footage is available for Expansion Space #2 on the seventh (7th) floor of the Building, then Landlord shall reasonably designate space on the eighth (8th) floor of the Building as Expansion Space #2 in accordance with the foregoing criteria. Notwithstanding the foregoing, in the event that Tenant exercises its then-existing "as-is" conditionoption to lease both Expansion Space #1 and Expansion Space #2, Tenant acknowledges that the aggregate number of square feet of rentable space in Expansion Space #1 and Expansion Space #2 shall not exceed the number of square feet of rentable space on the eighth (8th) floor of the Building which is not then already leased to Tenant pursuant to this Lease."

Expansion Space. Subject (a) Landlord and Tenant hereby acknowledge and agree that Section 29 of the Lease are hereby deleted in their entirety, and Tenant shall have no further rights under such provisions. (b) If Landlord and Tenant shall enter into an additional amendment to the terms Lease on or before January 31, 2004, pursuant to which: (i) Tenant leases all, and conditions contained not less than all, of the 51,254 square feet of gross rentable area in the following sections, Lessee shall be obligated to lease that certain space contiguous to Building depicted as the Premises known as Suite 325 which contains approximately 1,308 rentable square feet "Expansion Space" on Exhibit A attached hereto and made a part hereof (the "Expansion Space") as soon as it becomes available to Lessor for leasing. 34.1 Whenever the current tenant remainder of the Term; and (ii) Tenant accepts the Expansion Space vacates in its then current "as is" condition, and pursuant to such other terms and conditions upon which Landlord and Tenant shall mutually agree in their respective sole and absolute discretion, then Landlord shall make the same such that the Expansion Space is $90,000 TI Allowance available to Lessor to re-lease, Lessor shall notify Lessee Tenant in writing that the Expansion Space is available. Within ten (10) days after receiving such notice, Lessee shall execute a lease amendment in the form attached hereto and incorporated herein by this reference as Exhibit "D." 34.2 The effective date of Lessee's leasing accordance with Section 9.2 of the Expansion Space shall be Lease and Section 5 of the date Lessor delivers Work Letter. (c) If the Expansion Space to Lessee with the Expansion Improvements (as defined condition precedent described in Section 34.3 below5(b) substantially complete. Lessor shall give Lessee ten (10) days' prior notice of the date that Lessor anticipates completing the Expansion Improvements and delivering the Expansion Space to Lessee. Lessee's leasing of the Expansion Space shall be for the same termnot have been satisfied on or before January 31, and upon the same terms2004, covenants, and conditions set forth in this Lease, except as followsand: (i) Base Monthly Rental shall be increased by an amount equal to the then-applicable per square foot rental rate set forth in Section 3.1.1 of this Lease (or otherwise calculable based on the monthly figures set forth in such section) multiplied by 1,308, provided, however, if the effective date of Lessee's leasing of the Expansion Space shall occur prior to September 1, 2000, Base Monthly Rental owing under this Lease from such effective date through August 31, 2000, shall be increased by an amount equal to One and 95/100 Dollars ($1.95) multiplied by 1,308, and thereafter increased in accordance with the table set forth in Section 3.1.1 of this Lease. (ii) Lessee's pro rata share of Operating Expenses, as set forth in Section 11.3 of this Lease, shall be increased by a percentage determined by multiplying 100 times the result of dividing the square footage of the Expansion Space by the rentable area of the Building. 34.3 Prior to delivering possession Landlord leases all of the Expansion Space to Lesseea tenant other than Tenant, Lessor shallthen, (x) Landlord shall construct a standard demising wall between the Premises (as expanded under this First Amendment) and the Expansion Space at its Landlord's sole cost and expense, complete those mutually agreed upon improvements set forth ; and (y) Landlord shall be required to pay up to the $90,000 TI Allowance to Tenant solely to reimburse Tenant for all reasonable costs and expenses of Tenant relating to the construction of the office space to be located in the plans Premises and specifications attached hereto and incorporated herein by this reference as Exhibit "I" (the "Expansion Improvements"). If Tenant makes any changes described in Schedule 1 to the plans Work Letter, and specifications attached hereto that results in an increase in Lessor's costs to complete the Expansion Improvements, Lessee shall be solely responsible for such increased no other costs and expenses; or (ii) Landlord shall reimburse Lessor for such increased costs upon receipt from Lessor of evidence of such increased costs. Other than the Expansion Improvements to be completed by Lessor, Lessee agrees to accept possession lease all or a portion of the Expansion Space to Tenant (other than in its then-existing accordance with Section 5(b) above), then Section 9.2 of the Lease and Section 5 of the Work Letter shall be amended such that the term "as-isTI Allowance" conditionshall be defined as "zero dollars ($0.00)."