Common use of Modification of Existing Premises Clause in Contracts

Modification of Existing Premises. Effective as of the date on which Landlord has delivered Suite 1300 to Tenant in the "Ninth Amendment Space Delivery Condition" (as that term is defined in Section 5.1 below) (such delivery date, the "Suite 1300 Lease Commencement Date"), Tenant shall lease from Landlord, and Landlord shall lease to ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇. Consequently, effective upon the Suite 1300 Lease Commencement Date, the Existing Premises shall be increased to include Suite 1300, and Tenant will lease the entire thirteenth (13th) floor of the Building. Landlord and Tenant hereby acknowledge that such addition of Suite 1300 to the Existing Premises shall, effective as of the Suite 1300 Lease Commencement Date, increase the size of the Premises then leased by Tenant under the Lease, as hereby amended, to 364,921 rentable square feet of space, and that Suite 1300 shall be deemed to be part of the Premises for all purposes under the Lease. The anticipated date of delivery of Suite 1300 to Tenant (i.e., the anticipated Suite 1300 Lease Commencement Date) is July 1, 2018. Landlord represents that Suite 1300 is currently leased to Bank of America, whose lease thereof expires on or before July 1, 2018, and Landlord shall use commercially reasonable efforts to cause the Suite 1300 Lease Commencement date to occur on or before such date. The parties expressly agree and acknowledge that if Landlord is unable to cause the Suite 1300 Lease Commencement Date to occur on or before July 1, 2018 despite such efforts, then (i) Landlord shall not be subject to any liability for its failure to do so, and (ii) such failure shall not render this Ninth Amendment void or voidable, nor affect the validity of this Ninth Amendment or the obligations of Tenant hereunder. If the Suite 1300 Lease Commencement Date does not occur for any reason on or before (a) October 1, 2018, then, in addition to Tenant’s other remedies, the Suite 1300 Rent Commencement Date shall be delayed by one (1) additional day for each day of delay beyond such date or (b) January 1, 2019, then, in addition to Tenant’s other remedies, at Tenant’s election, Tenant may terminate this Ninth Amendment upon written notice to Landlord.

Modification of Existing Premises. Effective as of the date on which Landlord has delivered the entire Eighth Amendment Space (i.e., both the Storage Closet and Suite 1300 600B) to Tenant in the "Ninth Eighth Amendment Space Delivery Condition" (as that term is defined in Section 5.1 below) (such delivery date, the "Storage Closet/Suite 1300 Lease 600B Commencement Date"), Tenant shall lease from Landlord, and Landlord shall lease to ▇▇▇▇▇▇Tenant, ▇▇▇▇▇ ▇▇▇▇. the Eighth Amendment Space Consequently, effective upon the Storage Closet/Suite 1300 Lease 600B Commencement Date, the Existing Premises shall be increased to include Suite 1300the Eighth Amendment Space, and Tenant will lease the entire thirteenth sixth (13th6th) floor of the Building. Landlord and Tenant hereby acknowledge that such addition of Suite 1300 the Eighth Amendment Space to the Existing Premises shall, effective as of the Storage Closet/Suite 1300 Lease 600B Commencement Date, increase the size of the Premises then leased by Tenant under the Lease, as hereby amended, to 364,921 338,910 rentable square feet of space, and that Suite 1300 the Eighth Amendment Space shall be deemed to be part of the Premises for all purposes under the Lease. The anticipated date of delivery of Suite 1300 the Eighth Amendment Space to Tenant (i.e., the anticipated Storage Closet/Suite 1300 Lease 600B Commencement Date) is July December 1, 2018. Landlord represents that Suite 1300 is currently leased to Bank of America, whose lease thereof expires on or before July 1, 2018, and Landlord shall use commercially reasonable efforts to cause the Suite 1300 Lease Commencement date to occur on or before such date2016. The parties expressly agree and acknowledge that if Landlord is unable to cause the Storage Closet/Suite 1300 Lease 600B Commencement Date to occur on or before July December 1, 2018 despite such efforts2016, then (i) Landlord shall not be subject to any liability for its failure to do so, and (ii) such failure shall not render this Ninth Eighth Amendment void or voidable, nor affect the validity of this Ninth Eighth Amendment or the obligations of Tenant hereunder. If the Suite 1300 Lease Commencement Date does not occur for any reason on or before (a) October 1, 2018, then, in addition to Tenant’s other remedies, the Suite 1300 Rent Commencement Date shall be delayed by one (1) additional day for each day of delay beyond such date or (b) January 1, 2019, then, in addition to Tenant’s other remedies, at Tenant’s election, Tenant may terminate this Ninth Amendment upon written notice to Landlord.

Modification of Existing Premises. Effective as of the later of September 1, 2018 and the date on which Landlord has delivered Suite 1300 2100 to Tenant in the "Ninth Eleventh Amendment Space Delivery Condition" (as that term is defined in Section 5.1 below) (such delivery date, the "Suite 1300 2100 Lease Commencement Date"), Tenant shall lease from Landlord, and Landlord shall lease to ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇. Consequently, effective upon the Suite 1300 2100 Lease Commencement Date, the Existing Premises shall be increased to include Suite 13002100, and Tenant will lease the entire thirteenth twenty-first (13th21st) floor of the Building. Landlord and Tenant hereby acknowledge that such addition of Suite 1300 2100 to the Existing Premises shall, effective as of the Suite 1300 2100 Lease Commencement Date, increase the size of the Premises then leased by Tenant under the Lease, as hereby amended, to 364,921 469,056 rentable square feet of spacespace (442,952 + 26,104), and that Suite 1300 2100 shall be deemed to be part of the Premises for all purposes under the Lease. The anticipated date of delivery of Suite 1300 2100 to Tenant (i.e., the anticipated Suite 1300 2100 Lease Commencement Date) is July September 1, 2018. Landlord represents that (a) Suite 1300 2100 is currently leased to Bank Vevo, LLC, (b) Landlord is in the process of Americaseeking to regain legal possession of Suite 2100 from Vevo, whose lease thereof expires LLC prior to September 1, 2018 (such regaining of legal possession on or before July September 1, 2018, the "Suite 2100 Recapture"), and (c) Landlord shall use commercially reasonable efforts to cause the Suite 1300 2100 Lease Commencement date to occur on or before such dateSeptember 1, 2018. The parties expressly agree and acknowledge that if Landlord does not inform Tenant on or before July 15, 2018 that it has entered into an agreement with Vevo, LLC for the Suite 2100 Recapture, then this Eleventh Amendment shall be of no further force or effect, and (ii) Landlord and Tenant shall each have all rights and obligations under the Lease that existed prior to entering into this Eleventh Amendment. Landlord shall notify Tenant as soon as the Suite 2100 Recapture has occurred. The parties expressly agree and acknowledge that if, following the Suite 2100 Recapture, Landlord is unable to cause the Suite 1300 2100 Lease Commencement Date to occur on or before July September 1, 2018 despite such efforts, then (i) subject to the remaining terms of this Section 1, Landlord shall not be subject to any liability for its failure to do so, and (ii) except as set forth in Section 1(b), below, such failure shall not render this Ninth Eleventh Amendment void or voidable, nor affect the validity of this Ninth Eleventh Amendment or the obligations of Tenant hereunder, and (iii) Landlord shall pursue its legal remedies in order to regain legal possession of Suite 2100. If the Suite 1300 2100 Lease Commencement Date does not occur for any reason on or before (a) October 1, 2018, then, in addition to Tenant’s other remedies, the Suite 1300 Rent Commencement Date shall be delayed by one (1) additional day for each day of delay beyond such date or (b) January 1, 2019, then, in addition Tenant shall be entitled to Tenant’s other remediesan abatement of Base Rent with respect to Suite 2100 for one (1) day for each day that occurs after January 1, 2019 and before the Suite 2100 Lease Commencement Date, and (b) April 1, 2019, then, at Tenant’s election, Tenant may terminate this Ninth Eleventh Amendment upon written notice to LandlordLandlord and Landlord shall not be subject to any liability arising from or related to this Eleventh Amendment as a result of such termination.