Common use of Temporary Space Clause in Contracts

Temporary Space. The Sublessor shall vacate the second floor (as per Exhibit "A") of the Premises by a date which is twenty-one (21) days following the date of mutual execution of this Sublease (the "Temporary Space Date"). Sublessee shall utilize such Temporary Space for Sublessee's business commencing on the date which is ten (10) days after Sublessee's delivery to Sublessor of written notice of Sublessee's intention to occupy the Temporary Space (provided that, regardless of the date of such notice or whether such notice is delivered, Sublessee shall be obligated to pay rent for the Temporary Space commencing on a date which is no later than the Temporary Space Date) and continuing until the Sublease term commences on December 1, 1999. Sublessee shall pay to Sublessor $8,000.00 upon the execution hereof as base rent for such use of the Temporary Space for the first one-month period. Thereafter, Sublessee shall pay to Sublessor, in advance, base rent for the use of the Temporary Space at the rate of $8,000 per month (prorated for any partial months) until the Sublease term commences on December 1, 1999. Sublessor shall also pay all parking, utilities and the triple net costs during the three (3) months of the Temporary Space term. If this Sublease is terminated pursuant to the terms of Paragraph 13 hereof, Sublessee shall thereupon vacate the Temporary Space. Except for the payment of rent, which shall be as set forth above, Sublessee shall comply with all other terms of this Sublease during the Temporary Space term including, without limitation, the obligation to maintain insurance, indemnify Sublessor and Master Lessor, and the obligation to surrender the Temporary Space in the condition required under the Sublease.

Temporary Space. The Sublessor shall vacate 40.01 During the second floor period (hereinafter referred to as per Exhibit the "ATemporary Period") commencing on the later to occur of (a) January 1, 2000 and (b) the Premises by a date which is twenty-one shall be fifteen (2115) days following after the date of mutual execution and delivery of this Sublease lease and continuing until the date that shall be the earlier to occur of (a) the six (6) month anniversary of the Commencement Date and (b) the date Tenant commences business in the Demised Premises (such date being hereinafter referred to as the "Temporary Space Expiration Date"). Sublessee , Landlord shall utilize such make available to Tenant the space set forth on Exhibit C annexed hereto and made a part hereof (hereinafter referred to as the "Temporary Space for Sublessee's business commencing on the date Space") which is ten (10) days after Sublessee's delivery to Sublessor of written notice of Sublessee's intention to occupy the Temporary Space (provided that, regardless of the date of such notice or whether such notice is delivered, Sublessee Landlord and Tenant agree shall be obligated deemed to pay rent consist of 4,750 rentable square feet, for the Temporary Space commencing on a date which temporary occupancy by Tenant during such period that Tenant is no later than the Temporary Space Date) and continuing until the Sublease term commences on December 1, 1999performing Tenant's Work. Sublessee Tenant shall pay to Sublessor $8,000.00 upon the execution hereof as base rent for such Landlord on account of its use of the Temporary Space, as additional rent, the amount (hereinafter referred to as the "Temporary Space for Rent") of $126,817.50 per annum ($10,568.13 per month) payable on the first one-day of each calendar month period. Thereafterduring the Temporary Period, Sublessee shall pay which Temporary Space Rent includes $12,567.50 per annum ($1,047.29 per month) on account of electricity furnished to Sublessor, in advance, base rent for the use of the Temporary Space at the rate of $8,000 per month (prorated for any partial months) until the Sublease term commences on December 1, 1999. Sublessor by Landlord. 40.02 Such occupancy shall also pay be upon all parking, utilities and the triple net costs during the three (3) months of the Temporary Space term. If terms, covenants and conditions of this Sublease is terminated pursuant Lease except that the provisions of Sections 1.03, 1.04, 1.08, 16.01, 16.02, 16.07 and 1608 and Articles 4, 5, 31 and 39 shall not apply to the terms of Paragraph 13 hereof, Sublessee shall thereupon vacate the Temporary Space. Except for the payment of rent, which . 40.03 Tenant shall be as set forth above, Sublessee shall comply with all other terms of this Sublease during the Temporary Space term including, without limitation, the obligation to maintain insurance, indemnify Sublessor and Master Lessor, and the obligation to surrender accept the Temporary Space in "as is" condition. 40.04 Notwithstanding anything herein to the condition required foregoing, in the event ▇▇▇▇▇▇ fails to surrender vacant possession of the entire Temporary Space to Landlord on or before the Temporary Space Expiration Date, then from and after the Temporary Space Expiration Date, up to and including the date Tenant surrenders vacant possession of the entire Temporary Space to Landlord, the reference in Section 24.02(a) to "fixed rent and additional rent payable by Tenant under this lease" shall be deemed to refer to the SubleaseTemporary Space Rent and the provisions of Section 24.02(b) and (c) shall apply with respect thereto with the reference in Section 24.02(b) to "any rent paid by Tenant pursuant to Section 24.02(a) above" being deemed to refer to the Temporary Space Rent. 40.05 Nothing herein shall be deemed an agreement of, or consent by, Landlord to allow Tenant to remain in possession of the Temporary Space, or any portion thereof, beyond the Temporary Space Expiration Date and if ▇▇▇▇▇▇ does not surrender vacant possession of the entire Temporary Space to Landlord by the Temporary Space Expiration Date, Landlord shall be entitled to exercise all rights available to it at law, in equity and/or under this lease for a holdover by Tenant with respect to the Temporary Space.

Temporary Space. The Sublessor shall vacate the second floor (as per Exhibit "A") of the Premises by a date which is twenty-one (21) days following the date of mutual execution of this Sublease (the "Temporary Space Date"). Sublessee shall utilize such Temporary Space for Sublessee's business commencing on the date which is ten (10) days after Sublessee's delivery to Sublessor of written notice of Sublessee's intention to occupy the Temporary Space (provided that, regardless of the date of such notice or whether such notice is delivered, Sublessee shall be obligated to pay rent for the Temporary Space commencing on a date which is no later than the Temporary Space Date) and continuing until the Sublease term commences on December 1, 1999. Sublessee shall pay to Sublessor $8,000.00 upon the execution hereof as base rent for such use of the Temporary Space for the first one-month period. Thereafter, Sublessee shall pay to Sublessor, in advance, base rent for the use of the Temporary Space at the rate of $8,000 per month (prorated for any partial months) until the Sublease term commences on December 1, 1999. Sublessor shall also pay all parking, utilities and the triple net costs during the three (3) months of the Temporary Space term. If this Sublease is terminated pursuant Subject to the terms and provisions of Paragraph 13 hereofthis Section 6, Sublessee Landlord shall thereupon vacate provide Tenant with the right and license to use and occupy on a temporary basis certain space in the Building comprising approximately 17,289 rentable square feet, being all of the leaseable space on the 12th floor of the Building (the “Temporary Space. Except for ”), subject to all of the payment terms and provisions of rent, which shall be as set forth above, Sublessee shall comply with all other terms of this Sublease during the Temporary Space term Lease (including, without limitation, the obligation to maintain insuranceuse, indemnify Sublessor and Master Lessorindemnification, waiver, and insurance provisions set forth herein, but excluding any obligation for Basic Rent with respect thereto). The term of such license shall commence on February 1, 2012 and shall end on July 31, 2012 (the obligation “Temporary Space Term”). Tenant may only use the Temporary Space in a manner consistent with the terms and provisions of the Lease. During the Temporary Space Term, Tenant shall be required to pay Landlord Tenant’s Proportionate Share as to the Temporary Space (being 3.687%) of Taxes and Operating Expenses (the “Temporary Space Rent”) and shall also be responsible for electricity charges to the Temporary Space. In addition, if Tenant requires any additional services to the Temporary Space (such as additional cleaning or after-hours HVAC service) during the Temporary Space Term, Tenant shall pay Landlord for the same at the rates established by Landlord from time to time. The Temporary Space Rent shall be paid at the same time and in the same manner as installments of Basic Rent payable under the Lease. Tenant shall and hereby agrees to accept the Temporary Space in its “AS IS” condition as existing as of February 1, 2012, without any agreements, representations, understandings, or obligations on the part of Landlord to perform any alterations, repairs (except for Landlord’s general repair obligations to the extent expressly set forth in the Lease), or improvements therein, or to provide any allowance therefor. Tenant shall vacate and surrender the Temporary Space to Landlord on or before the expiration of the Temporary Space Term in accordance with the condition required under terms and provisions of the SubleaseOriginal Lease, including Section 12.2 therein, and Tenant’s failure to so vacate and surrender the Temporary Space shall be subject to the provisions of Section 12.1 of the Original Lease. Tenant shall be solely responsible for any and all moving, cabling, and related costs incurred by Tenant in connection with the Temporary Space and/or Tenant’s move from the Temporary Space to the Premises demised hereunder, and Landlord shall have no liability or responsibility for any such costs.

Temporary Space. The Sublessor At the request of Tenant, the parties have agreed that Tenant shall vacate the second floor (as per Exhibit "A") lease and occupy on a temporary basis approximately 6,923 square feet of Rentable Area in Suite 100 of the Premises by a date which is twenty-one (21) days following the date of mutual execution of this Sublease Building (the "“Temporary Space Date"Space”), as generally outlined in Exhibit D attached hereto. Sublessee shall utilize such Accordingly, Landlord leases to Tenant and Tenant leases from Landlord the Temporary Space for Sublessee's business a term commencing on the date that Landlord delivers possession of the Temporary Space (the “Temporary Space Commencement Date”) and expiring on the date which is ten five (105) business days after Sublessee's delivery to Sublessor of written notice of Sublessee's intention to occupy following the Expansion Date (the “Temporary Space Term”). Landlord shall deliver the Temporary Space (provided thatto Tenant on or before July 1, regardless 2014. If Landlord fails to deliver the Temporary Space to Tenant on or before July 1, 2014, then Tenant may terminate this Amendment, in which event this Amendment shall be null and void and of no force or effect by written notice delivered to Landlord at any time after July 1, 2014 and prior to the date that the Temporary Space is delivered to Tenant. The foregoing right to terminate shall be Tenant’s sole remedy for Landlord’s failure to deliver the Temporary Space to Tenant on or before July 1, 2014 and Landlord shall not be liable to Tenant for any loss or damage resulting therefrom. The lease of the date Temporary Space shall be subject to all other terms and provisions of such notice or whether such notice is deliveredthe Lease, Sublessee except as provided in this Section 10. During the Temporary Space Term and as applicable to the lease of the Temporary Space, all references in the Lease to the Leased Premises shall include the Temporary Space. (a) Rent and Utility Costs for Temporary Space. During the Temporary Space Term, Tenant shall pay Minimum Monthly Rent for the Temporary Space in the amount of $13,846.00. Tenant shall not be obligated to pay rent Operating Costs, Taxes or standard building services for the Temporary Space commencing on a date which is no later than Space. However, Tenant shall pay for costs for usage of the HVAC outside of the Climate Control Hours (as defined in Section 11.1 of the Original Lease) and for any Excess Utility Costs (as defined in Section 11.11 of the Original Lease) respecting the Temporary Space DateSpace. Tenant shall make such payment to Landlord within fifteen (15) days after request by Landlord each month. Tenant shall be responsible for arranging and continuing until paying for all of its telephone and telecommunication services for the Sublease term commences on December 1Temporary Space, 1999. Sublessee shall pay subject to Sublessor $8,000.00 upon the execution hereof as base rent Tenant’s right to utilize a portion of Landlord’s Allowance for such use cabling costs as provided in Exhibit B. (b) Condition of Temporary Space. Tenant shall accept possession of the Temporary Space for in its current “AS IS” condition, without the first one-month period. Thereafterconstruction or installation by Landlord of any improvements, Sublessee shall pay to Sublessorfurnishings or equipment of any kind, in advancewithout any allowances, base credits or free rent for and without any representation or warranty, expressed or implied, by Landlord or any of its agents concerning the use condition or suitability of the Temporary Space at the rate of $8,000 per month (prorated for any partial months) until the Sublease term commences on December 1, 1999. Sublessor shall also pay all parking, utilities and the triple net costs during the three (3) months of the Temporary Space term. If this Sublease is terminated pursuant to the terms of Paragraph 13 hereof, Sublessee shall thereupon vacate the Temporary Space. Except for the payment of rent, which shall be as set forth above, Sublessee shall comply with all other terms of this Sublease during the Temporary Space term Any work and allowance including, without limitation, Landlord’s Allowance, to be performed or provided by Landlord in connection with the obligation to maintain insurance, indemnify Sublessor and Master Lessor, and Original Premises and/or the obligation to surrender Expansion Premises will not be applicable for the lease of the Temporary Space (subject to Tenant’s right to utilize a portion of Landlord’s Allowance for cabling costs as provided in Exhibit B). In addition, during the Temporary Space Term Tenant shall be entitled to use Landlord’s furniture located in the Temporary Space as described in Exhibit E hereto (the “Temporary Space Furniture”). Tenant shall notify Landlord in writing within five (5) business days after the date of delivery of the Temporary Space to Tenant of any Temporary Space Furniture listed in Exhibit E that is missing. Landlord shall not be required to replace any missing Temporary Space Furniture and the reference to the Temporary Space Furniture shall mean the furniture actually located in the Temporary Space when the Temporary Space is delivered to Tenant. Landlord makes no representation or warranty whatsoever with respect to the condition required under of the SubleaseTemporary Space Furniture or its suitability for Tenant’s use, and any such use to be on an “as-is” basis. Tenant shall be responsible for any damage to the Temporary Space Furniture caused by Tenant or any of its employees, agents or contractors. Such furniture shall remain the property of Landlord.

Temporary Space. The Sublessor shall vacate Landlord agrees to permit Tenant to occupy 13,432 rentable square feet of vacant space known as Suite 100 located on the second ground floor of the Building located at 10180 Telesis Court within the Project (as per Exhibit the "ATEMPORARY SPACE") during the period between the full execution and delivery of the Premises by a date which is twenty-one this Lease and five (215) business days following the date of mutual execution of this Sublease Commencement Date hereunder (the "Temporary Space DateTEMPORARY SPACE TERM"). Sublessee shall utilize such Temporary Space for Sublessee's business commencing on the date which is ten (10) days after Sublessee's delivery to Sublessor of written notice of Sublessee's intention to occupy Tenant will accept the Temporary Space (provided thatin its "then as-is" condition, regardless of and Landlord will have no obligation to improve the date of such notice or whether such notice is deliveredTemporary Space. Tenant shall have no obligation to pay any rental for the Temporary Space, Sublessee but Tenant shall be obligated to pay rent for all utilities that may be provided to the Temporary Space commencing on a date which is no later than (the Temporary Space Date) and continuing until allocation of the Sublease term commences on December 1, 1999. Sublessee shall pay to Sublessor $8,000.00 upon the execution hereof as base rent cost for such use utilities will be made in the same manner as the allocation of utilities for the Premises). Except as provided above, Tena▇▇'▇ ▇ccupancy of the Temporary Space for shall be subject to all of the first one-month period. Thereafter, Sublessee shall pay to Sublessor, in advance, base rent for the use terms and conditions of this Lease that could logically be construed as applying thereto as if the Temporary Space at were the rate of $8,000 per month (prorated for any partial months) until the Sublease term commences on December 1Premises, 1999. Sublessor shall also pay all parking, utilities and the triple net costs during the three (3) months of the Temporary Space term. If this Sublease is terminated pursuant to the terms of Paragraph 13 hereof, Sublessee shall thereupon vacate the Temporary Space. Except for the payment of rent, which shall be as set forth above, Sublessee shall comply with all other terms of this Sublease during the Temporary Space term including, without limitation, Sections 17, 20 and 22. Landlord will have the obligation right to maintain insurance, indemnify Sublessor and Master Lessor, and the obligation to surrender show the Temporary Space in to potential Tenants at any time during the condition required under Temporary Space Term. If Tena▇▇ ▇▇▇ls to surrender possession of the SubleaseTemporary Space with five (5) business days following the Commencement Date, then the provisions of Section 9 of this Lease shall apply to such failure and holdover, except that Monthly Basic Rent for the Temporary Space shall be at the rate of One and 80/100 Dollars ($1.80) per rentable square foot of the Temporary Space per month.

Temporary Space. The Sublessor Subject to Force Majeure events, the original Tenant executing this Lease (“Original Tenant”) shall vacate have the second floor (right, commencing as per Exhibit "A") of the Premises by a May 12, 2022 and continuing until that date which is twenty-one thirty (21) days following the date of mutual execution of this Sublease (the "Temporary Space Date"). Sublessee shall utilize such Temporary Space for Sublessee's business commencing on the date which is ten (1030) days after Sublessee's delivery the Substantial Completion Date (“Temporary Space Term”), to Sublessor lease from Landlord temporary space consisting of written notice the entirety of Sublessee's intention to occupy the fourth (4th) floor of the Building and containing approximately 15,063 square feet (“Temporary Space”), which Temporary Space is depicted on Exhibit G attached hereto; provided, however (i) in no event shall the Temporary Space Term extend beyond December 15, 2022, and (provided that, regardless of the date of such notice or whether such notice is delivered, Sublessee ii) Tenant shall not be obligated to pay rent Base Rent for the Temporary Space commencing on a date which is no later than the Temporary Space Date) and continuing until the Sublease term commences on December 1, 1999. Sublessee shall pay to Sublessor $8,000.00 upon the execution hereof as base rent for such use occurrence of the Term Commencement Date. Tenant’s lease of the Temporary Space for the first one-month period. Thereafter, Sublessee shall pay be subject to Sublessor, in advance, base rent for the use all of the Temporary Space at terms, conditions and limitations set forth in this Lease regarding the rate Premises except as follows: 2.03.1 All obligations of $8,000 per month (prorated for any partial months) until the Sublease term commences on December 1, 1999. Sublessor shall also pay all parking, utilities and the triple net costs during the three (3) months of the Temporary Space term. If Tenant contained in this Sublease is terminated pursuant Lease with respect to the terms of Paragraph 13 hereof, Sublessee shall thereupon vacate the Temporary Space. Except for the payment of rent, which shall be as set forth above, Sublessee shall comply with all other terms of this Sublease during the Temporary Space term Premises (including, without limitation, the Tenant’s indemnification obligations and Tenant’s obligation to obtain and maintain insurance) shall be applicable with respect to the Temporary Space throughout the Temporary Space Term except that Base Rent for the Temporary Space shall be based on Fifty Dollars ($50.00) per rentable square foot of the Temporary Space per year (i.e., indemnify Sublessor an amount equal to Sixty‑Two Thousand Seven Hundred Sixty‑Two and Master Lessor50/100 Dollars ($62,762.50) per month based on 15,063 rentable square feet in the Temporary Space. Tenant shall pay for the costs of utilities and Additional Rent for the Temporary Space; provided, however, that Tenant’s Share shall be deemed to be 11.18%; 2.03.2 Tenant agrees that Tenant shall accept the Temporary Space in its then “as‑is” condition, and that Landlord shall not be required to construct any improvements in, or contribute any improvement allowance for, the obligation Temporary Space. Tenant further acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect the Temporary Space or its suitability for the conduct of Tenant’s business therein; 2.03.3 Throughout the Temporary Space Term, Tenant shall be entitled to utilize nine (9) unreserved parking passes, subject to all other terms and conditions of this Lease; 2.03.4 Tenant shall not be entitled to construct any Alterations in the Temporary Space. |US-DOCS\129492181.2|| 2.03.5 Tenant shall use Tenant’s commercially reasonable efforts to cooperate with Landlord in connection with any work performed by Landlord in the Temporary Space; in no event shall Landlord’s performance of such work constitute a constructive eviction nor entitle Tenant to any abatement of Rent, provided that Landlord shall use commercially reasonable efforts to minimize interference with Tenant’s quiet use and enjoyment of the Temporary Space during the Temporary Space Term and provided that Landlord shall be responsible for and indemnify Tenant from any claims for personal injury and any damage to Tenant’s Property to the extent caused by Landlord’s gross negligence or willful misconduct while performing such work in the Temporary Space and not covered by insurance required to be maintained by Tenant under this Lease; and 2.03.6 Tenant shall vacate and surrender the Temporary Space in the same condition required under as received, reasonable wear and tear excepted, on or before that date which is thirty (30) days after the SubleaseSubstantial Completion Date (and in any event on or before December 15, 2022) and Tenant’s failure to do so shall constitute a holdover pursuant to Article 19 of this Lease. Tenant acknowledges and agrees that such Temporary Space is subject to an expansion right provided by Landlord to an existing tenant of the Building and that Tenant’s failure to surrender the Temporary Space on or before the date that is thirty (30) days after the Substantial Completion Date (or December 15, 2022, whichever is sooner) shall cause Landlord to suffer damages (including consequential damages and loss of profits) and that Tenant shall be liable to Landlord for all such damages to the extent caused by Tenant’s holdover in the Temporary Space later than thirty (30) days after the Substantial Completion Date (or after such December 15, 2022 outside date).