Common use of Acceleration Fee Clause in Contracts

Acceleration Fee. In the event Tenant exercises its Second Acceleration Option for Expansion Premises, Tenant shall pay Landlord a fee (the “Expansion Premises Second Acceleration Fee”), which shall not be construed as a penalty, in an amount equal to Landlord’s transaction costs related to the portion of the Expansion Premises to which Tenant’s Second Acceleration Option for Expansion Premises applies (consisting exclusively of a proportionate share of Landlord’s Expansion Premises Contribution [calculated by multiplying the amount of Landlord’s Expansion Premises Contribution by the square footage of the Fourteenth Floor Expansion Premises and/or the Fifteenth Floor Expansion Premises, whichever is the subject of the Second Acceleration Option for Expansion Premises, and dividing by 34,335], the Fourteenth Floor Expansion Premises Gross Abatement (if the portion of the Expansion Premises to which Tenant’s Second Acceleration Option for Expansion Premises applies is or includes the Fourteenth Floor Expansion Premises), and broker commissions), as such transaction costs are remaining unamortized as of the Expansion Premises Second Accelerated Termination Date. Landlord’s transaction costs related to the portion of the Expansion Premises to which the Second Acceleration Option for Expansion Premises applies shall be amortized over the period commencing on July 1, 2007 and ending on the Expansion Premises Second Accelerated Termination Date including interest thereon at an interest rate of eight percent (8%) per annum. If Tenant fails to pay either installment of the Expansion Premises Second Acceleration Fee in accordance with the foregoing, time being of the essence, Landlord may elect, upon notice to Tenant to declare the Expansion Premises Second Acceleration Notice null and void, in which event the Lease shall continue in full force and effect with respect to the portion of the Expansion Premises to which the Second Acceleration Option for Expansion Premises applies as if Tenant had not exercised such Second Acceleration Option for Expansion Premises.

Acceleration Fee. In the event Tenant exercises its Second Expansion Premises Acceleration Option for Expansion PremisesOption, Tenant shall pay Landlord a fee (the “Second Expansion Premises Second Acceleration Fee”), which shall not be construed as a penalty, in an amount equal to Landlord’s transaction costs related to the terminated portion of the Second Expansion Premises to which Tenant’s Second Acceleration Option for Expansion Premises applies (consisting exclusively of a proportionate share that portion of Landlord’s Second Expansion Premises Contribution [calculated by multiplying the amount of Landlord’s Expansion Premises Contribution by the square footage of the Fourteenth Floor Expansion Premises and/or the Fifteenth Floor Expansion Premises, whichever is the subject of the Second Acceleration Option for Expansion Premises, and dividing by 34,335], the Fourteenth Floor Expansion Premises Gross Abatement (if the portion of the Expansion Premises to which Tenant’s Second Acceleration Option for Expansion Premises applies is or includes the Fourteenth Floor Expansion Premises), and broker commissionscommissions attributable to the terminated space), as such transaction costs are remaining unamortized as of the Second Expansion Premises Second Accelerated Termination Date. Landlord’s transaction costs related to the portion of the Second Expansion Premises to which the Second Acceleration Option for Expansion Premises applies shall be amortized over the period (a) commencing on July September 1, 2007 with respect to the Second Floor Expansion Premises, on October 1, 2007 with respect to the Third Floor Expansion Premises, and on December 1, 2007 with respect to the Fourth Floor Expansion Premises, and (b) ending on the Expansion Premises Second Accelerated Termination Date June 30, 2015, including interest thereon at an interest rate of eight percent (8%) per annum. If Tenant fails to pay either installment of the Second Expansion Premises Second Acceleration Fee in accordance with the foregoing, time being of the essence, Landlord may elect, upon notice to Tenant to declare the Second Expansion Premises Second Acceleration Notice null and void, in which event the Lease shall continue in full force and effect with respect to the portion of the Expansion Premises to which the entire Second Acceleration Option for Expansion Premises applies as if Tenant had not exercised such Second Acceleration Option for Expansion Premises.

Acceleration Fee. In the event Tenant exercises its Second Acceleration Option for Expansion PremisesOption, Tenant shall pay Landlord a fee (the “Expansion Premises Second Acceleration Fee”)fee, which shall not be construed as a penalty, in an amount equal to Landlord’s transaction costs related to the portion of the Expansion Premises to which Tenant’s Second Acceleration Option for Expansion Premises applies (consisting exclusively of a proportionate share of Landlord’s Expansion Contribution, broker commissions, the Rent Credit, the Premises Contribution [calculated by multiplying A Abatement, the amount of Landlord’s Expansion Premises Contribution by the square footage of the Fourteenth Floor Expansion Premises and/or the Fifteenth Floor Expansion Premises, whichever is the subject of the Second Acceleration Option for Expansion PremisesB Abatement, and dividing by 34,335], the Fourteenth Floor Expansion Premises Gross Abatement (if the portion of the Expansion Premises to which Tenant’s Second Acceleration Option for Expansion Premises applies is or includes the Fourteenth Floor Expansion Premises), and broker commissions), as such transaction costs are C Abatement) remaining unamortized as of the Expansion Premises Second Accelerated Termination Date. Landlord’s transaction costs related to the portion of the Expansion Premises to which the Second Acceleration Option for Expansion Premises applies shall be , as reasonably calculated by Landlord amortized over the period commencing on July 1, 2007 the Premises A Commencement Date (for Premises A) and the Premises B/C Commencement Date (for Premises B and Premises C) and ending on the Expansion Premises Second Accelerated Termination Date including interest thereon at an interest rate of eight percent (8%) per annumannum (the “Acceleration Fee”). For example, if Tenant utilizes the entire Landlord’s Contribution for the initial Premises of 17,590 rentable square feet, the Acceleration Fee shall equal $287,781.75. The Acceleration fee shall be increased if and when the Premises are expanded from time to time. If Tenant fails to pay either installment of the Expansion Premises Second Acceleration Fee in accordance with the foregoing, time being of the essence, Landlord may elect, upon notice to Tenant to declare the Expansion Premises Second Acceleration Notice null and void, in which event the and this Lease shall continue in full force and effect with respect to the portion of the Expansion Premises to which the Second Acceleration Option for Expansion Premises applies as if Tenant had not exercised such Second Acceleration Option for Expansion PremisesOption.