Common use of Warehouse Space Clause in Contracts

Warehouse Space. A. Provided that Tenant is not then in Default, beyond all applicable notice and cure periods, under any of the terms hereof and has not been in monetary or other material Default more than two (2) times during the first year of the Term, Tenant shall have the option to lease all, but not a portion, of that certain 15,425 rentable square feet of space in the Building identified on Exhibit C-1 (the “Warehouse Space”) provided, however, that (i) such Warehouse Space is not leased to another tenant or otherwise occupied; or (ii) Landlord is not in current, reciprocal written negotiations for the lease of all or part of such Warehouse Space with a third party; and (iii) by providing Landlord written notice of Tenant’s expansion right at any time during the first year of the Initial Term. Tenant and Landlord shall enter into an amendment to this Lease evidencing the expansion into the Warehouse Space. In the event that Tenant properly exercises its option to expand into the Warehouse Space, the lease of the Warehouse Space shall commence upon the date that Landlord delivers possession of the Warehouse Space to Tenant and shall be coterminous with the term of the Premises. The lease of the Warehouse Space shall be upon the same terms and conditions set forth in this Lease as they relate to the Premises, except as otherwise set forth in this Lease. In the event that Tenant properly expands into the Warehouse Space, then the term “Premises”, as used in this Lease, shall be deemed to include the Warehouse Space, except for Paragraphs 1.2, 1.3, 3.1, 5, 6, 10.B, 13.B, 13.C, 13.D, 13.E and 34.2.A. B. Base Rent- Warehouse Space. Tenant’s obligation to pay Base Rent for the Warehouse Space shall commence on the Warehouse Commencement Date (as herein after defined) and the per rentable square foot Base Rent for such the Warehouse Space leased by Tenant shall be based upon the schedule attached to this Lease as Exhibit C-2. The “Warehouse Commencement Date” shall mean the later of (i) the Commencement Date and (ii) ninety (90) days after Landlord delivers possession of the Warehouse Space to Tenant. For purposes of example only, in the event that the Warehouse Commencement Date is the first day of the seventh (7th) month of the first Lease Year, then Base Rent for the twelve (12) month period following the Warehouse Commencement Date shall be as follows: Warehouse Commencement Date through the end of Lease Year 1: $7.20 per rentable square foot of the Warehouse Space per annum. Months 1 – 6 of Lease Year 2: $7.38 per rentable square foot of the Warehouse Space per annum.

Warehouse Space. A. Provided Commencing on the Effective Date, Xerox shall --------------- store New dpiX parts and products at the warehouse subleased to Xerox and located at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ (the "Warehouse"); provided, --------- however, the space made available for this purpose shall not exceed dpiX's current space usage of approximately 10,000 square feet. The parts and finished products being stored at the Warehouse shall be similar to what is being stored there by dpiX on the date hereof and, in no event, shall New dpiX store any Hazardous Materials at the Warehouse. New dpiX agrees that Tenant is not then in Default, beyond all applicable notice and cure periods, under any of the terms hereof and has not been in monetary or other material Default more than two (2) times during the first year of the Term, Tenant shall have the option to lease all, but not a portion, of that certain 15,425 rentable square feet of space in the Building identified on Exhibit C-1 (event either the “Warehouse Space”) provided, however, that (i) such Warehouse Space is not leased to another tenant lessor or otherwise occupied; or (ii) Landlord is not in current, reciprocal written negotiations for the lease of all or part of such Warehouse Space with a third party; and (iii) by providing Landlord written notice of Tenant’s expansion right at any time during the first year of the Initial Term. Tenant and Landlord shall enter into an amendment to this Lease evidencing the expansion into the Warehouse Space. In the event that Tenant properly exercises its option to expand into the Warehouse Space, the lease sublessor of the Warehouse Space shall commence object to the storage of New dpiX parts and products then the storage arrangement described herein shall be terminated upon ten (10) days notice from Xerox to New dpiX, with no liability to Xerox as a result of said termination. On the date that Landlord delivers possession first day of each month New dpiX shall pay Xerox Five Thousand ($5000.00) Dollars for the use of the Warehouse Space to Tenant and shall be coterminous with the term of the Premisesstorage space. The lease of the Warehouse Space shall be upon the same terms and conditions set forth in this Lease as they relate to the Premises, except as otherwise set forth in this Lease. In the event New dpiX acknowledges that Tenant properly expands into the Warehouse Space, then the term “Premises”, as used in this Lease, shall be deemed to include the Warehouse Space, except for Paragraphs 1.2, 1.3, 3.1, 5, 6, 10.B, 13.B, 13.C, 13.D, 13.E and 34.2.A. B. Base Rent- Warehouse Space. Tenant’s obligation to pay Base Rent it is aware that Xerox's sublease for the Warehouse Space terminates on December 31, 1999. New dpiX hereby agrees that all new dpiX parts and products shall commence on be removed by New dpiX from the Warehouse Commencement Date prior to December 31, 1999, whether or not Xerox may (as herein after definedbut shall not be obligated to) remove said parts and the per rentable square foot Base Rent for such the Warehouse Space leased by Tenant shall be based products to another location at New dpiX's sole cost and expense, payable and reimbursable to Xerox immediately upon the schedule attached to this Lease as Exhibit C-2. The “Warehouse Commencement Date” shall mean the later of (i) the Commencement Date demand, and (ii) ninety (90) days after Landlord delivers possession of the Warehouse Space to Tenant. For purposes of example only, in the event that the Warehouse Commencement Date is the first day of the seventh (7th) month of the first Lease Year, then Base Rent for the twelve (12) month period following the Warehouse Commencement Date New dpiX shall be liable to Xerox for any and all losses, damages, costs and expenses, including without limitation, holdover rent, that may be incurred by Xerox as follows: Warehouse Commencement Date through a result of New dpiX's failure to remove its parts and products prior to December 31, 1999. New dpiX will be fully responsible for its parts and products stored at the end of Lease Year 1: $7.20 per rentable square foot of Warehouse. New dpiX hereby releases Xerox, the Warehouse Space per annum. Months 1 – 6 of Lease Year 2: $7.38 per rentable square foot of landlord, the Warehouse Space per annumbuilding manager and any mortgagee from any and all liability for loss or damage to the parts and products New dpiX will store at the Warehouse.