Common use of Third Additional Premises Clause in Contracts

Third Additional Premises. Effective as of August 1, 2012 (the “Third Additional Premises Commencement Date”) and continuing until the Lease Expiration Date, the Premises covered by the Lease shall be expanded to include the Third Additional Premises. Notwithstanding the foregoing, if the Existing Suite 150 Master Lease or the Existing Suite 150 Sublease terminates prior to August 1, 2012 for any reason other than a default by Tenant under the Existing Suite 150 Sublease, then Lanlord and Tenant agree that the Third Additional Premises Commencement Date shall be automatically advanced to occur on such date of such termination. If Landlord does not make the Third Additional Premises, and/or Suites 101, 110 and 120 available to Tenant on or before any particular date, for any reason whatsoever, or if Landlord fails to commence or complete construction contemplated by the Lease by any particular date or at all, Landlord shall not be liable for any resulting consequential damages, this Amendment shall not be void or voidable thereby, Tenant’s obligation to commence paying rent (without deductions, offsets or counterclaims except for any applicable abatement of rent in Schedule 1 hereto) shall not be affected thereby and shall commence as of March 1, 2012 (for Suite 300), as of the First Floor Commencement Date (for Suites 101, 110 and 120) and as of the Third Additional Premises Commencement Date (for Suite 150). Notwithstanding anything to the contrary in the Lease, including the Work Letter attached to the Second Amendment. Landlord’s obligations to commence and complete construction and improvements in the Premises are covenants and obligations that are independent of Tenant’s obligations to pay rent as of the applicable commencement dates for the various spaces set forth above (but subject to any applicable rent abatement set forth only in Schedule 1 hereto).