Common use of First Expansion Space Clause in Contracts

First Expansion Space. Tenant shall have the right to expand into additional space in the Building adjacent to the Leased Premises and consisting of not less than 90,000 square feet and not more than 120,000 square feet (the “First Expansion Space”) upon delivery of written notice to Landlord of such election (“Tenant’s Notice”). Tenant’s Notice to expand into the First Expansion Space shall be delivered to Landlord on or before July 1, 2010 and shall specify the effective date of Tenant’s intended occupancy of the First Expansion Space (the “First Expansion Occupancy Date”). The First Expansion Occupancy Date shall be no earlier than January 1, 2011 and no later than March 1, 2012. In the event Tenant timely notifies Landlord of its intent to expand into the First Expansion Space, Landlord shall, at its sole cost and expense, relocate any then existing tenant (or tenants) occupying the First Expansion Space to another space in the Building or in the Park such that Tenant shall have occupancy of the First Expansion Space by the First Expansion Occupancy Date. Prior to the First Expansion Occupancy Date, Landlord and Tenant shall amend the Lease to include the First Expansion Space on the same terms and conditions set forth in the Lease, and the First Expansion Space shall become part of the Leased Premises subject to the following changes: (i) The term for the First Expansion Space shall be coterminous with the term for the Leased Premises; provided, however, that the term for the First Expansion Space shall be not less than ten (10) years. If the term of the First Expansion Space would then exceed the Lease Term for the Leased Premises, the Lease Term for the Leased Premises shall be extended automatically to the extent necessary, to be coterminous with the term for the First Expansion Space. The Minimum Annual Rent for the First Expansion Space shall be equal to the “Fair Market” Base Rent Rate, as determined in the manner set forth above, provided however, that in no event shall Tenant’s Minimum Annual Rent per square foot for the First Expansion Space be less than the highest Minimum Annual Rent per square foot payable during the Lease Term for the Leased Premises. If, as a result of Tenant’s exercise of its right to expand into the First Expansion Space, as set forth herein, the Lease Term for the Leased Premises is extended, then the Minimum Annual Rent for all of the Leased Premises during any such extended term shall be increased at a rate of two percent (2%) per annum through the remainder of the Lease Term (ii) Tenant’s Proportionate Share shall be increased to reflect the increase in the rentable square footage of the Leased Premises. (iii) Except as otherwise agreed, no tenant improvement allowances or other such financial concessions contained in the Lease, if any, shall apply to the First Expansion Space and Tenant shall accept the First Expansion Space “AS-IS” without representation or warranty from Landlord of any kind, except that the same representations and warranties from Landlord and maintenance and repair obligations of Landlord shall apply to the First Expansion Space as apply to the Leased Premises. Notwithstanding the foregoing, it is agreed that the First Expansion Space shall be delivered “AS IS” provided that the Second Expansion Space shall be in good repair and condition, with all systems being in good working order, and shall have a 36’ clear stacking height.

First Expansion Space. Tenant shall have A. Effective as of the right to expand into additional space in the Building adjacent to the Leased Premises and consisting of not less than 90,000 square feet and not more than 120,000 square feet (the “First Expansion Space”) upon delivery of written notice to Landlord of such election (“Tenant’s Notice”). Tenant’s Notice to expand into the First Expansion Space shall be delivered to Landlord on or before July 1, 2010 and shall specify the effective date of Tenant’s intended occupancy day Lessor provides Lessee with possession of the First Expansion Space (the “"First Expansion Occupancy Effective Date”"). The , the Premises is increased by 3,164 rentable square feet by the addition of the First Expansion Occupancy Date shall be no earlier than January 1, 2011 and no later than March 1, 2012Space. In Following the event Tenant timely notifies Landlord addition of its intent to expand into the First Expansion Space, Landlord shall, at its sole cost and expense, relocate any then existing tenant (or tenants) occupying the First Expansion Space to another space in the Building or in the Park such that Tenant shall have occupancy total square footage of the First Expansion Space by the First Expansion Occupancy DatePremises shall be 87,945. Prior to the First Expansion Occupancy Date, Landlord and Tenant shall amend the Lease to include the First Expansion Space on the same terms and conditions set forth in the Lease, and the First Expansion Space shall become part of the Leased Premises subject to the following changes: (i) The lease term for the First Expansion Space shall be coterminous with commence on the term for First Expansion Effective Date and end on the Leased Premises; providedtermination date (June 30, however, 1997). Lessee acknowledges that the term for the First Expansion Space shall be not less than ten is currently leased and occupied by Polk World Travel, Inc. (10"Polk") years. If the term and that Lessor will provide Lessee with possession of the First Expansion Space would then exceed the Lease Term for the Leased Premises, the Lease Term for the Leased Premises shall be extended automatically to the extent necessary, to be coterminous with the term for immediately after Polk vacates the First Expansion Space. The Minimum Annual First Expansion Space is subject to all the terms and conditions of the Lease except as expressly modified herein and except that Lessee shall not be entitled to receive any allowances, abatements or other financial concessions granted with respect to the Premises unless such concessions are expressly provided for herein with respect to the First Expansion Space. B. In addition to the Base Monthly Rent payable with respect to the Premises, Lessee, during the period beginning on the First Expansion Effective Date and ending on the termination date, shall pay Lessor Base Monthly Rent for the First Expansion Space at the rate of $3,216.73 per month. Such Base Monthly Rent shall be equal paid by Lessee to Lessor in accordance with the “Fair Market” terms and conditions of the "Payments" section of the Lease. In the event that the First Expansion Effective Date does not occur on the first day of a calendar month, Lessee shall pay Lessor Base Monthly Rent Rate, as determined in the manner set forth above, provided however, that in no event shall Tenant’s Minimum Annual Rent per square foot for with respect to the First Expansion Space be less than for such partial calendar month at the highest Minimum Annual Rent rate of $105.76 per square foot payable during the Lease Term for the Leased Premises. If, day. C. Effective as a result of Tenant’s exercise of its right to expand into the First Expansion SpaceEffective Date, as set forth herein, the Lease Term for the Leased Premises is extended, then the Minimum Annual Rent for all of the Leased Premises during any such extended term shall be increased at a rate of two percent (2%) per annum through the remainder of the Lease Term (ii) Tenant’s Lessee's Proportionate Share shall be increased to reflect the increase in the rentable square footage by 1.7641%. Lessee shall pay for its Proportionate Share of the Leased Premises. (iii) Except as otherwise agreed, no tenant improvement allowances or other such financial concessions contained in the Lease, if any, shall apply Operating Expenses and Real Estate Taxes with respect to the First Expansion Space in accordance with the terms and Tenant shall accept conditions of Exhibit B to the Lease, including, without limitation, a Base Year of 1992. D. Lessee has inspected the First Expansion Space “AS-IS” without representation or warranty from Landlord of any kind, except that and agrees to accept the same representations and warranties from Landlord and maintenance and repair "as is" without any agreements, representations, understandings or obligations on the part of Landlord shall apply Lessor to the First Expansion Space as apply to the Leased Premises. Notwithstanding the foregoingperform any alterations, it is agreed that the First Expansion Space shall be delivered “AS IS” provided that the Second Expansion Space shall be in good repair and condition, with all systems being in good working order, and shall have a 36’ clear stacking heightrepairs or improvements.

First Expansion Space. During the first six (6) months following the Rent Commencement Date, Tenant shall have the right option, exercisable upon written to expand into additional space in Landlord, to increase the Building adjacent to size of the Leased Premises and consisting by leasing up to one-half (1/2) of not less than 90,000 the rentable square feet and not more than 120,000 square feet on a floor of the Building (the “First Expansion Space”) upon delivery under all of written notice to Landlord of such election (“Tenant’s Notice”). Tenant’s Notice to expand into the First Expansion Space same terms and conditions as the Leased Premises except that the Construction Allowance shall be delivered to Landlord on or before July 1, 2010 the product of (X) $.5625 multiplied by (Y) the length of time (as expressed in months and shall specify fractions of months) remaining in the effective date of Tenant’s intended occupancy initial Lease Term as of the First Expansion Space Allowance Determination Date (as hereinafter defined). As used herein, the “term "First Expansion Occupancy Space Allowance Determination Date”). The First Expansion Occupancy Date " shall be no mean the earlier than January 1, 2011 and no later than March 1, 2012. In to occur of (a) the event date when Tenant timely notifies Landlord of its intent signs this Lease amendment with respect to expand into the First Expansion Space, Landlord shall, at its sole cost and expense, relocate any then existing tenant (or tenants) occupying the First Expansion Space and (b) provided Tenant signs this Lease amendment with respect to another space in the Building or in the Park such that Tenant shall have occupancy of the First Expansion Space by the First Expansion Occupancy Date. Prior to the First Expansion Occupancy Date, Landlord and Tenant shall amend the Lease to include the First Expansion Space on the same terms and conditions set forth in the Lease, and the First Expansion Space shall become part of the Leased Premises subject to the following changes: (i) The term for the First Expansion Space shall be coterminous with the term for the Leased Premises; provided, however, that the term for the First Expansion Space shall be not less than within ten (10) years. If the term days of the First Expansion Space would then exceed the Lease Term for the Leased PremisesTenant's receipt of a factually correct copy of such document, the Lease Term for the Leased Premises shall be extended automatically date which is fifteen (15) days after Tenant's exercise of its option to the extent necessary, to be coterminous with the term for lease the First Expansion Space. The Minimum Annual First Expansion Space must be contiguous to the Leased Premises (i.e. on the floor above or below the Leased Premises) and must be in location reasonably acceptable to Landlord and must leave Landlord space, as reasonably determined by Landlord, on that floor is leaseable to third parties (i. e. reasonable size (it being agreed that a square footage of at least 4,600 rentable square feet shall be deemed to be reasonable so long as such space shall comply with any legal requirements with respect to egress) and dimensions, elevator exposure and window line). The First Expansion Space will be measured in accordance with the BOMA Measurement Method and in accordance with the measurement certification/re-measurement provisions of Article 2 of this Lease. Tenant’s obligation to pay Basic Monthly Rent and Additional Rent for the First Expansion Space shall be equal to begin on the “Fair Market” Base Rent Rate, as determined in the manner set forth above, provided however, that in no event shall Tenant’s Minimum Annual Rent per square foot for date one hundred twenty (120) days after Landlord delivers vacant possession of the First Expansion Space be less than to Tenant in broom clean condition. In connection with the highest Minimum Annual Rent per square foot payable during leasing of the Lease Term for First Expansion Space Tenant shall have the Leased Premisesoption but not the obligation to lease additional parking spaces at the ratio set forth in Section 14(d) hereof at the then current parking charge. If, as a result of Tenant’s exercise of its right If Tenant elects to expand into lease the First Expansion Space, as set Landlord shall promptly prepare and deliver a lease amendment which sets forth herein, the Lease Term for the Leased Premises is extended, then the Minimum Annual Rent for all size and location of the Leased Premises during any such extended term shall be increased at a rate of two percent (2%) per annum through the remainder of the Lease Term (ii) Tenant’s Proportionate Share shall be increased to reflect the increase in the rentable square footage of the Leased Premises. (iii) Except as otherwise agreed, no tenant improvement allowances or other such financial concessions contained in the Lease, if any, shall apply to the First Expansion Space and memorializes the terms pursuant to which Tenant shall accept the will lease First Expansion Space “AS-IS” without representation or warranty from Landlord of any kind, except that the same representations and warranties from Landlord and maintenance and repair obligations of Landlord shall apply to the First Expansion Space as apply to the Leased Premises. Notwithstanding the foregoing, it is agreed that the First Expansion Space shall be delivered “AS IS” provided that the Second Expansion Space shall be in good repair and condition, with all systems being in good working order, and shall have a 36’ clear stacking heightLandlord.