Common use of OPTION TO LEASE ADDITIONAL SPACE Clause in Contracts

OPTION TO LEASE ADDITIONAL SPACE. Provided that no Event of Default of Tenant or Events of Bankruptcy of Tenant exist under this Lease at the time of exercise of this option and that Tenant has not assigned this Lease nor sublet all or more than twenty five percent (25%) of the Demised Premises, except to a Tenant Affiliate as defined herein, and that Tenant is then occupying for its own use at least seventy-five percent (75%) of the space in the Demised Premises then leased to it, and provided there then remains unexpired at least three (3) years in the then operative term of this Lease, or any then operative exercised Renewal Term, Landlord agrees that, prior to committing to lease space in the Building, the Landlord shall advise Tenant in writing of Landlord’s desire to lease such additional adjoining space (the “Offer Space”), including the rentals and other basic terms and conditions thereof (such writing being the “Offer Space Notice”). Tenant shall have the right of first refusal to lease solely for its own use all (but not less than all) of such Offer Space, which was described in Landlord’s Offer Space Notice, and Tenant shall have thirty (30) days from receipt of such Offer Space Notice to accept or reject such offer by giving Landlord written notice within said thirty (30) days. In the event Tenant does not respond to the Offer Space Notice in the manner and time period aforesaid, such failure shall serve to extinguish any right of Tenant under this Section 35 to lease said Offer Space, and Landlord shall have the right to lease such Offer Space to any parties upon such terms, rental and conditions as it may, in its sole discretion, determine. In no event shall Landlord be obligated to evict any other tenant, or to decline to renew or extend the lease of any other existing tenant, in order to make such tenant’s space available to Tenant for purposes of this paragraph. The provisions of this Section 35 shall not be applicable to any renewal, extension or replacement of a lease granted to an initial or existing tenant in the Building, whether or not contained in such party’s lease (nor to any subsequent other tenants if Tenant fails to exercise its right of first refusal under this paragraph). If Tenant exercises this option within the time frame provided above, then Landlord will prepare for and deliver to Tenant an amendment to the Lease (the “Lease Amendment”) covering the annual base rental rate, annual escalation, the amount of the additional space being leased by the Tenant and the subsequent modification in the Tenant’s proportionate share of the Building Operating Expenses, other necessary monetary items, the term that the additional space is to be leased and any tenant improvement allowance or work, if any, that is offered by and is to be provided by the Landlord in its sole discretion. Tenant shall execute in triplicate and return to Landlord such Lease Amendment within fourteen (14) business days after Tenant’s receipt thereof; failing which, Tenant’s rights under this Section 35 with respect to said additional space shall terminate without further obligation from Tenant. Except otherwise be provided herein, Tenant’s rights under this Section 35 shall not be assignable or transferable, and may be exercised only by Tenant. Furthermore, Tenant’s rights under this Section 35 shall be subject and subordinate to any option rights, as to the Offer Space, previously granted by Landlord to other tenants in the Building.

OPTION TO LEASE ADDITIONAL SPACE. Provided that So long as the Lease is in full force and effect and there is no uncured Event of Default under the Lease, Tenant will have a one-time right of Tenant or Events first offer (“Right of Bankruptcy of Tenant exist under this Lease at the time of exercise of this option and that Tenant has First Offer”) to lease all (but not assigned this Lease nor sublet all or more than twenty five percent (25%part) of the Demised Premises, except to a Tenant Affiliate as defined herein, and that Tenant is then occupying for its own use at least seventy-five percent last 10,000 square feet of contiguous floor space within Building 2 (75%) of the space in the Demised Premises then leased to it, and provided there then remains unexpired at least three (3) years in the then operative term of this Lease, or any then operative exercised Renewal Term, Landlord agrees that, prior to committing to lease space in the Building, the Landlord shall advise Tenant in writing of Landlord’s desire to lease such additional adjoining space (the “Offer Space”), including at any time prior to April 30, 2008. Prior to Landlord initially leasing the rentals and other basic Offer Space to third parties, Landlord will first offer to lease the Offer Space to Tenant by giving a written notice (the “Offer”) to Tenant, containing all of the material terms and conditions thereof (such writing being the “Offer Space Notice”). Tenant shall have the right of first refusal upon which Landlord would be willing to lease solely for its own use all (but not less than all) of such the Offer Space, which was described in Landlord’s Offer Space Noticeincluding, without limitation, rental rate, allowances and concessions, term, and date of occupancy. Tenant shall will have thirty (30) 5 days from receipt of such the Offer Space Notice to accept or reject such offer by giving Landlord written notice within said thirty (30) days. In the event Tenant does not respond to the Offer Space Notice in writing. If Tenant fails to accept the manner and time period aforesaidOffer within such 5-day period, such failure shall serve to extinguish any right will constitute rejection of Tenant under this Section 35 to lease said Offer Space, and Landlord shall have the right to lease such Offer Space to any parties upon such terms, rental and conditions as it may, in its sole discretion, determine. In no event shall Landlord be obligated to evict any other tenant, or to decline to renew or extend the lease of any other existing tenant, in order to make such tenant’s space available to Tenant for purposes of this paragraph. The provisions of this Section 35 shall not be applicable to any renewal, extension or replacement of a lease granted to an initial or existing tenant in the Building, whether or not contained in such party’s lease (nor to any subsequent other tenants if Tenant fails to exercise its right of first refusal under this paragraph)Offer. If Tenant exercises this option within accepts the time frame provided aboveOffer, then Landlord and Tenant will prepare for and deliver to Tenant promptly enter into an amendment to the Lease adding the Offer Space to the Premises and otherwise incorporating the terms and conditions of the Offer. If Tenant rejects (or is deemed to have rejected) the “Lease Amendment”) covering Offer, Landlord will be free to lease the annual base rental rateOffer Space to a third party upon the same basic terms and conditions as were stated in the Offer and the Right of First Offer granted herein will automatically terminate and be of no further force or effect. This Right of First Offer is personal to Tenant and is not assignable to any third parties, annual escalationincluding, but not limited to, any assignee or sublessee of Tenant. Notwithstanding anything to the contrary set forth herein, the amount Right of the additional space being leased by the Tenant and the subsequent modification in the Tenant’s proportionate share of the Building Operating Expenses, other necessary monetary items, the term that the additional space is First Offer granted pursuant to be leased and any tenant improvement allowance or work, if any, that is offered by and is to be provided by the Landlord in its sole discretion. Tenant shall execute in triplicate and return to Landlord such Lease Amendment within fourteen (14) business days after Tenant’s receipt thereof; failing which, Tenant’s rights under this Section 35 2.4 will terminate and Tenant will have no further preferential rights with respect to said additional space shall terminate without further obligation from Tenant. Except otherwise be provided herein, Tenant’s rights under this Section 35 shall not be assignable or transferable, and may be exercised only by Tenant. Furthermore, Tenant’s rights under this Section 35 shall be subject and subordinate to any option rights, as to the Offer SpaceSpace on April 30, previously granted by Landlord to other tenants in the Building2008.