Common use of Additional Premises Clause in Contracts

Additional Premises. A. The Additional 4th Floor Space shall be delivered to Tenant on the Extended Term Commencement Date vacant and in broom clean condition. Effective as of the Extended Term Commencement Date, the Additional 4th Floor Space shall be deemed to be included in the Premises for all purposes of the Lease and all references in the Lease and this Agreement to the "Demised Premises", "Premises", "premises", or "demised premises" shall be deemed to include the Additional 4th Floor Space. Except as otherwise herein provided, all other terms and conditions of the Lease, including those applicable to items of Fixed Rent and Additional Rent payable pursuant to the Lease, shall be deemed to be, and shall remain, as set forth in the Lease throughout the remainder of the Term of the Lease, as amended hereby. Tenant expressly waives any right to rescind the Lease, as amended hereby, with respect to the Additional 4th Floor Space under Section 223-a of the New York Real Property Law or under any present or future statute of similar import then in force and further expressly waives the right to recover any damages, direct or indirect, which may result from Landlord's failure to deliver possession of the Additional 4th Floor Space on the Extended Term Commencement Date, however in such event (provided Tenant is not responsible for the inability to obtain possession) the Rent Commencement Date for the Fixed Rent and any Additional Rent payable for the Additional 4th Floor Space shall be extended on a day for day basis until the date on which Landlord delivers possession of the Additional 4th Floor Space to Tenant in the condition required hereunder. B. If Landlord does not deliver the Additional 4th Floor Space, the 5th Floor Space or any Option Space on the applicable date when Landlord is obligated to do so, Tenant shall have the same termination rights with respect to those spaces as are set forth in the Original Lease in Paragraph 56G with respect to an Additional Space. Similarly, as provided in Paragraph 56G, Landlord shall use its best efforts to cause the evic▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇nants in any such spaces, including without limitation instituting and diligently prosecuting an action for summary possession in a court of appropriate jurisdiction; it being understood that Landlord shall not be obligated to pay or otherwise compensate any holdover tenants to relinquish possession of any such space. C. Notwithstanding anything herein to the contrary, in the event that any of the rents payable under the Lease are abated due to casualty or any other matter which results in rent being abated, the Rent Commencement Date, as defined below, with respect to any space subject to such an abatement shall be tolled on a day for day basis. D. As used herein, the term "Rent Commencement Date" shall mean:

Additional Premises. A. The (A) Tenant acknowledges that, except as may otherwise be expressly provided in the Existing Lease, neither Landlord, nor any employee, agent nor contractor of Landlord has made any representation or warranty concerning the Land, Building, Common Areas, Original Premises or Additional 4th Floor Space Premises, or the suitability of any of the foregoing for the conduct of Tenant’s business. Landlord reserves for Landlord’s exclusive use all of the following (other than as installed by Tenant for Tenant’s exclusive use) that may be located in the Additional Premises: janitor closets, stairways and stairwells; fans, mechanical, electrical, telephone and similar rooms; and elevator, pipe and other vertical shafts, flues and ducts, (B) If Landlord shall be delivered unable to give possession of the 12th Floor Premises or the 13th Floor Premises to Tenant as set forth herein, on any specific date for any reason, Landlord shall not be subjected to any damages or other liability, or be deemed in default under the Extended Term Commencement Date vacant and in broom clean condition. Effective as Lease for the failure to give possession of the Extended Term Commencement Date12th Floor Premises or the 13th Floor Premises, as applicable, on such date, except as otherwise provided herein with respect to rent abatement. No such failure to give possession of the Additional 4th 12th Floor Space Premises or the 13th Floor Premises on any specific date shall affect the validity of the Lease or the obligations of Tenant under the Lease or be deemed to be included in extend the Premises for all purposes of Term beyond the Expiration Date. Tenant hereby waives any rights to rescind this Third Amendment and/or the Lease and all references in the Lease and this Agreement to the "Demised Premises", "Premises", "premises", or "demised premises" shall be deemed to include the Additional 4th Floor Space. Except as which Tenant might otherwise herein provided, all other terms and conditions of the Lease, including those applicable to items of Fixed Rent and Additional Rent payable have pursuant to the Lease, shall be deemed to be, and shall remain, as set forth in the Lease throughout the remainder of the Term of the Lease, as amended hereby. Tenant expressly waives any right to rescind the Lease, as amended hereby, with respect to the Additional 4th Floor Space under Section 223-a of the New York Real Property Law of the State of New York, or under pursuant to any present other law of like import now or future statute of similar import then hereafter in force and further expressly waives force. Notwithstanding the right to recover any damagesforegoing, direct or indirect, which may result from Landlord's failure if Landlord is unable to deliver possession of the Additional 4th 12th Floor Space Premises on the Extended Term Commencement Dateor before February 1, however in such event (provided 2018, as adjusted for Tenant is not responsible for the inability to obtain possession) the Rent Commencement Date for the Fixed Rent Delay and any Additional Rent payable for the Additional 4th Floor Space shall be extended on a day for day basis until the date on which Landlord delivers possession of the Additional 4th Floor Space to Tenant in the condition required hereunder. B. If Landlord does not deliver the Additional 4th Floor SpaceForce Majeure, the 5th Floor Space or any Option Space on the applicable date when Landlord is obligated to do so, Tenant shall have the same termination rights abatement period with respect to those spaces as are the 12th Floor Premises set forth in Section 6(A)(4)(ii) below shall be increased by one (1) day for each day after February 1, 2018 that the Original Lease in Paragraph 56G 12th Floor Premises is not so delivered. Furthermore, if Landlord is unable to deliver the 12th Floor Premises on or before April 1, 2018, as adjusted for Tenant Delay and Force Majeure, the abatement period with respect to an Additional Spacethe 12th Floor Premises set forth in Section 6(A)(4)(ii) below shall be increased by two (2) days for each day after April 1, 2018 that the 12th Floor Premises is not so delivered and the adjustment to the abatement period described in the previous sentence shall not be applicable from and after April 1, 2018. SimilarlyTenant shall not be entitled to any adjustment to the abatement period set forth in Section 6(A)(4)(iii) below; provided, as provided however, that in Paragraph 56Gthe event that the existing tenants in the 13th Floor Premises fail to surrender the 13th Floor Premises to Landlord by August 1, 2018, Landlord shall agrees to use its best diligent efforts to cause the evic▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇nants in any such spaces, including without limitation instituting and diligently prosecuting an action for summary possession in a court of appropriate jurisdiction; it being understood that Landlord shall not be obligated to pay or otherwise compensate any holdover tenants to relinquish possession of any such space. C. Notwithstanding anything herein to surrender the contrary13th Floor Premises. In furtherance thereof, in the event that any such tenants fail to surrender the 13th Floor Premises by September 1, 2018, then Landlord agrees to enforce the provisions of the rents payable under the Lease are abated due to casualty holdover provisions of such tenants leases, including, without limitation, filing an unlawful detainer suit or any other matter which results in rent being abated, the Rent Commencement Date, as defined below, with respect to any space subject to such an abatement shall be tolled on a day for day basisapplicable court action. D. As used herein, the term "Rent Commencement Date" shall mean:

Additional Premises. A. The Additional 4th Floor Space shall be delivered Landlord hereby leases to Tenant, and Tenant on hereby leases from Landlord, the Extended Term Commencement Date vacant and in broom clean condition. Effective 777 G-Level Expansion Premises as of the Extended Term date (the “777 G-Level Expansion Premises Commencement Date”) that Landlord tenders possession of the 777 G-Level Expansion Premises to Tenant in compliance with the terms of this Amendment and with the improvements to the 777 G-Level Expansion Premises set forth on Exhibit D attached hereto (the “777 G-Level Landlord Work”) substantially complete. From and after the 777 G-Level Expansion Premises Commencement Date, the Additional 4th Floor Space term “Premises” shall be deemed to be included in include the Premises for all purposes of the Lease and all references in the Lease and this Agreement 777 G-Level Expansion Premises. The Term with respect to the "Demised Premises"777 G-Level Expansion Premises shall expire on the Expiration Premises Term Expiration Date, "Premises", "premises", or "demised premises" shall be deemed subject to include the Additional 4th Floor Space. Except as otherwise herein provided, all other terms and conditions of the Lease, including those applicable Tenant’s option to items of Fixed Rent and Additional Rent payable pursuant to the Lease, shall be deemed to be, and shall remain, as set forth in the Lease throughout the remainder of extend the Term of the Lease, as amended hereby. Tenant expressly waives any right to rescind the Lease, as amended hereby, with respect to the Additional 4th Floor Space under Section 223-a of the New York Real Property Law or under any present or future statute of similar import then in force and further expressly waives the right to recover any damages, direct or indirect, which may result from Landlord's failure to deliver possession of the Additional 4th Floor Space on the Extended Term Commencement Date, however in such event (provided Tenant is not responsible for the inability to obtain possession) the Rent Commencement Date for the Fixed Rent and any Additional Rent payable for the Additional 4th Floor Space shall be extended on a day for day basis until the date on which Landlord delivers possession of the Additional 4th Floor Space to Tenant in the condition required hereunder. B. If Landlord does not deliver the Additional 4th Floor Space, the 5th Floor Space or any Option Space on the applicable date when Landlord is obligated to do so, Tenant shall have the same termination rights with respect to those spaces as are set forth in the Original Lease in Paragraph 56G with respect to an Additional Space. Similarly, as provided in Paragraph 56Article 44 of the Lease. Tenant shall execute and deliver to Landlord written acknowledgment of the actual 777 G, Landlord shall use its best efforts to cause -Level Expansion Premises Commencement Date within ten (10) days after Tenant takes occupancy of the evic▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇nants in any such spaces, including without limitation instituting and diligently prosecuting an action for summary possession in a court of appropriate jurisdiction; it being understood that Landlord shall not be obligated to pay or otherwise compensate any holdover tenants to relinquish possession of any such space. C. Notwithstanding anything herein to the contrary777 G-Level Expansion Premises, in the event that form attached as Exhibit C hereto. Failure to execute and deliver such acknowledgment, however, shall not affect the 777 G-Level Expansion Premises Commencement Date or Landlord’s or Tenant’s liability hereunder. Failure by Tenant to obtain validation by any medical review board or other similar governmental licensing of the rents payable under 777 G-Level Expansion Premises required for the Lease are abated due Permitted Use by Tenant shall not serve to casualty or any other matter which results in rent being abated, extend the Rent 777 G-Level Expansion Premises Commencement Date, as defined below, with respect to any space subject to such an abatement shall be tolled on a day for day basis. D. As used herein, the term "Rent Commencement Date" shall mean:

Additional Premises. A. The Additional 4th Floor Space shall be delivered 2.1. Subject to Tenant’s termination option set forth in Section 3 hereof, Landlord hereby leases to Tenant, and Tenant on hereby leases from Landlord, the Extended Term Commencement Date vacant and in broom clean condition. Effective High Bay Premises as of the Extended Term date (the “High Bay Premises Commencement Date”) that Landlord tenders possession of the High Bay Premises to Tenant in accordance with the terms of Section 5. From and after the High Bay Premises Commencement Date, the Additional 4th Floor Space term “Premises” shall be deemed include the High Bay Premises. The Term with respect to be included the High Bay Premises shall expire on the Expiration Premises Term Expiration Date, subject to (a) Tenant’s option to extend the Term of the Lease as provided in the Premises for all purposes Article 44 of the Lease and all references in the Lease and this Agreement to the "Demised Premises", "Premises", "premises", or "demised premises" shall be deemed to include the Additional 4th Floor Space. Except as otherwise herein provided, all other terms and conditions of the Lease, including those applicable to items of Fixed Rent and Additional Rent payable pursuant to the Lease, shall be deemed to be, and shall remain, as (b) Tenant’s termination option set forth in the Lease throughout the remainder Section 3 below. Tenant shall execute and deliver to Landlord written acknowledgment of the Term actual High Bay Premises Commencement Date within ten (10) days after Tenant takes occupancy of the LeaseHigh Bay Premises, in the form attached as amended herebyExhibit C hereto. Failure to execute and deliver such acknowledgment, however, shall not affect the High Bay Premises Commencement Date or Landlord’s or Tenant’s liability hereunder. Failure by Tenant to obtain validation by any medical review board or other similar governmental licensing of the High Bay Premises required for the Permitted Use by Tenant shall not serve to extend the High Bay Premises Commencement Date. 2.2. Landlord shall use commercially reasonable efforts to tender possession of the High Bay Premises to Tenant on or before September 30, 2013. Tenant expressly waives agrees that in the event Landlord does not tender possession of the High Bay Premises to Tenant on or before September 30, 2013 for any right reason, then this Twelfth Amendment shall not be void or voidable and Landlord shall not be liable to rescind Tenant for any loss or damage resulting therefrom. Notwithstanding anything in the LeaseAmended Lease to the contrary, Landlord’s obligation to timely tender possession of the High Bay Premises to Tenant shall be subject to extension on a day-for-day basis as amended herebya result of Force Majeure. In the event Landlord has not tendered possession of the High Bay Premises to Tenant by September 30, 2013 (subject to extension on a day-for-day basis as a result of Force Majeure, the “High Bay Outside Date”), Tenant may provide written notice to Landlord (no later than fifteen (15) days after the High Bay Outside Date) of its intent to terminate the Amended Lease with respect to the Additional 4th Floor Space under Section 223-a High Bay Premises only. Upon Landlord’s receipt of such notice, Landlord shall have fifteen (15) days (the New York Real Property Law or under any present or future statute of similar import then in force and further expressly waives the right “High Bay Cure Period”) to recover any damages, direct or indirect, which may result from Landlord's failure to deliver tender possession of the Additional 4th Floor Space on High Bay Premises to Tenant. If, prior to the Extended Term Commencement Dateexpiration of the High Bay Cure Period, however in such event (provided Tenant is not responsible for the inability to obtain possession) the Rent Commencement Date for the Fixed Rent and any Additional Rent payable for the Additional 4th Floor Space shall be extended on a day for day basis until the date on which Landlord delivers has tendered possession of the Additional 4th Floor Space High Bay Premises to Tenant in Tenant, then such termination notice shall be null and void and of no further force or effect and the condition required hereunder. B. If Landlord does not deliver the Additional 4th Floor Space, the 5th Floor Space or any Option Space on the applicable date when Landlord is obligated to do so, Tenant shall have the same termination rights Amended Lease with respect to those spaces as are set forth the High Bay Premises shall continue in full force and effect. If, prior to the Original expiration of the High Bay Cure Period, Landlord has not tendered possession of the High Bay Premises to Tenant, then the Amended Lease in Paragraph 56G with respect to an Additional Space. Similarly, as provided in Paragraph 56G, Landlord the High Bay Premises only shall use its best efforts to cause terminate upon the evic▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇nants in any such spaces, including without limitation instituting and diligently prosecuting an action for summary possession in a court of appropriate jurisdiction; it being understood that Landlord shall not be obligated to pay or otherwise compensate any holdover tenants to relinquish possession of any such space. C. Notwithstanding anything herein to the contrary, in the event that any expiration of the rents payable under High Bay Cure Period, except for those provisions that expressly survive the Lease are abated due to casualty expiration or any other matter which results in rent being abated, the Rent Commencement Date, as defined below, with respect to any space subject to such an abatement shall be tolled on a day for day basisearlier termination thereof. D. As used herein, the term "Rent Commencement Date" shall mean:

Additional Premises. A. The Additional 4th Floor Space shall be delivered to Tenant on If the Extended Term Commencement Turnover Date vacant and in broom clean condition. Effective as for any respective portion of the Extended Term Commencement DateAdditional Premises does not occur on or before the respective Projected Turnover Date for such space, for any reason, then Licensor shall not be liable or responsible for any claims, damages, or liabilities in connection therewith or by reason thereof, and such failure should not effect the validity of this Amendment or of the License Agreement or otherwise affect the obligations of Licensee under this Amendment or the License Agreement; provided, however, in such event, (i) Licensor shall use commercially reasonable diligent efforts (which may require overtime work) to substantially complete the Licensor's Work within such portion of the Additional 4th Floor Space shall be deemed to be included in the Premises for all purposes of the Lease and all references in the Lease and this Agreement to the "Demised Premises", "Premises", "premises", or "demised premises" shall be deemed to include the Additional 4th Floor Space. Except as otherwise herein provided, all other terms and conditions of the Lease, including those applicable to items of Fixed Rent and Additional Rent payable pursuant to the Lease, shall be deemed to be, and shall remain, as set forth in the Lease throughout the remainder of the Term of the Lease, as amended hereby. Tenant expressly waives any right to rescind the Lease, as amended hereby, with respect to the Additional 4th Floor Space under Section 223-a of the New York Real Property Law or under any present or future statute of similar import then in force and further expressly waives the right to recover any damages, direct or indirect, which may result from Landlord's failure to thereupon deliver possession of the portion of the Additional 4th Floor Space on the Extended Term Commencement DatePremises to Licensee as soon thereafter as reasonably practicable, however in such event and (provided Tenant is not responsible for the inability to obtain possessionii) the Rent applicable Additional Premises Commencement Date for the Fixed Rent and any Additional Rent payable for the Additional 4th Floor Space shall be extended on a day for day basis until the date on which Landlord delivers possession such portion of the Additional 4th Floor Space to Tenant in Premises shall be deferred until the condition required hereunder. B. If Landlord does not deliver respective Turnover Date for such portion of the Additional 4th Floor SpacePremises hereunder (or such earlier date, if applicable, when Licensee has occupied such portion of the 5th Floor Space or Additional Premises for the conduct of any Option Space on business operations therefrom). In the event the applicable date when Landlord Additional Premises Commencement Date for any portion of the Additional Premises is obligated deferred pursuant to do sothis Section 7 beyond the applicable Projected Turnover Date therefor, Tenant License Fees relative to the respective portion of the Additional Premises under this Amendment shall have not commence until said revised Additional Premises Commencement Date relative to such space (but subject, in any event to the same termination rights with respect to those spaces as are set forth in the Original Lease in Paragraph 56G with respect to an Additional Space. Similarly, 30-day abatement thereof as provided in Paragraph 56G, Landlord shall use its best efforts to cause Section 6 above); provided that the evic▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇nants in any such spaces, including without limitation instituting and diligently prosecuting an action for summary possession in a court expiration date of appropriate jurisdiction; it being understood that Landlord the term of the License Agreement (as extended by this Amendment) shall not be obligated to pay extended or otherwise compensate any holdover tenants to relinquish possession of any such space. C. Notwithstanding anything herein to the contrarymodified on account thereof, in the event that any of the rents payable under the Lease are abated due to casualty or any other matter which results in rent being abatedand shall remain “May 31, the Rent Commencement Date, as defined below, with respect to any space subject to such an abatement shall be tolled on a day 2012” for day basis. D. As used hereinall purposes hereof. For purposes hereof, the term "Rent substantially completed", "substantially complete", "substantial completion", or words of similar import, shall mean completion of the Licensor's Work within the applicable portion of the Additional Premises, except for minor and insubstantial details of construction, detail or mechanical adjustments which remain to be done to the extent that such remaining incomplete items would not materially interfere with the use of the applicable portion of the Additional Premises for an office. In the event of any dispute as to whether the Licensor's Work is substantially complete, the decision of Licensor's licensed architect shall be final and binding on the parties. At Licensee’s request, Licensor shall allow Licensee’s approved contractors to have access to the 3rd Floor Additional Premises, the 4th Floor Additional Premises, the 25th Floor Additional Premises and the 26th Floor Additional Premises prior to the respective Turnover Date for each such portion of the Additional Premises, in order to allow installation of telephone systems and other fixturing activities (all of which shall be performed in accordance with all terms and provisions of the License Agreement governing alteration work being performed by Licensee from time to time at the Premises), but only so long as such early access will not, in Licensor’s judgment, materially interfere with or delay Licensor’s performance of the Licensor’s Work or otherwise increase the costs in any material respect for such Licensor’s Work. During any such early access under this paragraph, Licensee hereby agrees to fully cooperate with (and to cause its contractors to fully cooperate with) Licensor and Licensor’s contractors with regard to scheduling times for the performance of such fixturing activities by Licensee, and with respect to coordinating the fixturing activities of Licensee’s contractors in the respective portions of the Additional Premises with Licensor's performance of the Licensor’s Work. Following the Turnover Date for each applicable portion of the Additional Premises in accordance with the terms of this Section 7, Licensor shall proceed diligently to complete the balance (if any) of the Licensor's Work therein within thirty (30) days, subject, however, to delays beyond Licensor’s reasonable control so long as Licensor is diligently pursuing such completion. Licensee hereby acknowledges that, following the Turnover Date for each applicable portion of the Additional Premises, Licensor may complete any then unfinished portions of the Licensor's Work in or about such portion of the Additional Premises during normal business hours while Licensee is performing work or otherwise conducting its business operations therein, if and only if, in Licensee’s reasonable judgment, such work will not unreasonably affect Licensee’s ability to conduct its business in such portion of the Additional Premises. If and to the extent Licensee reasonably determines that any portions of such Licensor’s Work would unreasonably affect Licensee’s ability to conduct its business in the applicable portion of the Additional Premises, then such portions of the Licensor’s Work shall be performed after normal business hours at the Building. Licensor and Licensee hereby agree to cooperate with one another with regard to scheduling times for the performance of said balance of the Licensor's Work and coordinating Licensee's activities in the respective portions of the Additional Premises with Licensor's performance of same. During Licensor's completion of the unfinished portions of the Licensor's Work, Licensee and Licensor shall use commercially reasonable efforts to coordinate each such party's respective activities at the applicable portions of the Additional Premises so as to minimize interference with the other party's on-going work and other activities. Except for the Licensor’s Work required to be performed at each applicable portion of the Additional Premises, Licensee hereby agrees to accept possession of each applicable portion of the Additional Premises in its "as is" condition as of date of this Amendment, ordinary wear and tear excepted. Licensee hereby further acknowledges and agrees that (a) Licensor has not made any representation or warranty whatsoever, either express or implied (including, without limitation, any implied warranty of habitability or fitness for a particular purpose), respecting the condition of the Additional Premises, and (b) except for the Licensor’s Work being performed at each applicable portion of the Additional Premises, Licensor has not made any promise to alter, remodel or improve the Additional Premises for Licensee's occupancy, nor to give any allowance or other concession to Licensee on account thereof. Without limitation of the foregoing, Licensee shall have the right to use, at each applicable portion of the Additional Premises, during the term of the License Agreement (as extended hereby), all items of furniture or other non-affixed personal property located at such portion of the Additional Premises as of the date of mutual execution and delivery hereof by the parties (herein, collectively, the “Existing Additional Premises Furniture Items”). The Existing Additional Premises Furniture Items shall remain the property of Licensor at all times, and may not be removed from the respective portion of the Additional Premises by Licensee at any time. Licensee shall surrender such Existing Additional Premises Furniture Items to Licensor as of the end of the term of the License Agreement, as extended hereby (or as of any earlier termination of Licensee’s possession of the respective portion of the Additional Premises) in the same condition as existing as of the respective Additional Premises Commencement Date" shall mean:Date for each particular portion of the Additional Premises, ordinary wear and tear excepted.

Additional Premises. A. The Additional 4th Floor Space shall be delivered Notwithstanding anything to Tenant the contrary contained herein, commencing on the Extended Term Commencement Date vacant and in broom clean condition. Effective as continuing on a month-to-month basis, terminable by Tenant at any time upon thirty (30) days advance written notice to Landlord and terminable by Landlord effective at any time after the first anniversary of the Extended Term Commencement DateDate upon thirty (30) days advance written notice to Tenant, the Additional 4th Floor Space Premises shall be deemed to be included in the Premises for all purposes of the Lease and all references in the Lease and this Agreement to the "Demised Premises", "Premises", "premises", or "demised premises" shall be deemed to include the Additional 4th Floor SpacePremises. Except as otherwise herein provided, all other terms and conditions Upon termination of the Lease, including those applicable to items of Fixed Rent and Additional Rent payable pursuant to the Lease, shall be deemed to be, and shall remain, as set forth in the this Lease throughout the remainder of the Term of the Lease, as amended hereby. Tenant expressly waives any right to rescind the Lease, as amended hereby, with respect to the Additional 4th Floor Space under Section 223-a Premises, Tenant shall vacate the Additional Premises, leaving the same in broom clean condition, and shall either: (i) relocate the Furniture located in the Additional Premises on the Commencement Date to the Premises (to be surrendered to Landlord at the expiration or earlier termination of the New York Real Property Law Lease), or under any present or future statute of similar import then (ii) surrender the Furniture located in force and further expressly waives the right to recover any damages, direct or indirect, which may result from Landlord's failure to deliver possession of the Additional 4th Floor Space Premises on the Extended Term Commencement Date to Landlord in the same condition and repair as on the Lease Commencement Date, however in such event (provided reasonable wear and tear and damage by casualty excepted. Tenant is not responsible for the inability to obtain possession) the Rent Commencement Date for the Fixed Rent and any Additional Rent payable for shall remove from the Additional 4th Floor Space Premises and other areas of Building 4, and shall be extended repair and restore any damage to the Additional Premises and/or Building 4 caused by such removal, on a day for day basis until or before the date on which Landlord delivers possession expiration or earlier termination of the Additional 4th Floor Space to Tenant in the condition required hereunder. B. If Landlord does not deliver the Additional 4th Floor Space, the 5th Floor Space or any Option Space on the applicable date when Landlord is obligated to do so, Tenant shall have the same termination rights Lease with respect to those spaces the Additional Premises the items owned or leased by Tenant from third parties as are set forth on EXHIBIT C-1. Landlord and Tenant agree that the Additional Premises have not been used for the calculation of the useable square footage contained in the Original Premises, but have been included in the "load factor" in calculating the rentable square footage contained in the Premises, and this method of calculation shall remain in effect for the one year period commencing on the Lease in Paragraph 56G with respect Commencement Date. Landlord must give Tenant at least forty-five (45) days notice prior to an any recalculation of the size of the Premises to include the Additional Space. Similarly, as provided in Paragraph 56G, Landlord shall use its best efforts to cause the evic▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇nants in any such spaces, including without limitation instituting and diligently prosecuting an action for summary possession in a court of appropriate jurisdiction; it being understood that Landlord shall not be obligated to pay or otherwise compensate any holdover tenants to relinquish possession of any such space. C. Notwithstanding anything herein to the contrary, in Landlord shall have no obligation to provide any services, other than standard Building system services for electric, mechanical and HVAC (which are part of CAM), for the event that any of the rents payable under the Lease are abated due to casualty or any other matter which results in rent being abated, the Rent Commencement DateAdditional Premises and Tenant shall at its sole cost and expense provide janitorial services, as defined below, with respect to any space subject to such an abatement shall be tolled on a day for day basisrequired. D. As used herein, the term "Rent Commencement Date" shall mean:

Additional Premises. A. The Additional 4th Floor Space shall be delivered to Tenant on the Extended Term Commencement Date vacant and in broom clean condition. Effective as of December 1, 2015 (the Extended Term “Additional Premises Commencement Date”), Tenant leases the Additional 4th Floor Space Premises from Landlord, as shown on Exhibit A attached hereto and made a part hereof, which Exhibit A shall be deemed added to be included in the Premises for all purposes of the Lease and all references in the Lease and this Agreement Exhibit B to the "Demised Premises", "Premises", "premises", or "demised premises" shall be deemed Existing Lease. Tenant’s obligation to include the Additional 4th Floor Space. Except as otherwise herein provided, all other terms and conditions of the Lease, including those applicable to items of Fixed pay Base Rent and Additional Rent payable pursuant to the Lease, shall be deemed to be, and shall remain, as set forth in the Lease throughout the remainder of the Term of the Lease, as amended hereby. Tenant expressly waives any right to rescind the Lease, as amended hereby, with respect to the Additional 4th Floor Space under Section 223-a of the New York Real Property Law or under any present or future statute of similar import then in force and further expressly waives the right to recover any damages, direct or indirect, which may result from Landlord's failure to deliver possession of Premises shall commence on the Additional 4th Floor Space on Premises Commencement Date. From and after the Extended Term Additional Premises Commencement Date, however the term “Premises,” as used herein and in such event (provided Tenant is not responsible for the inability to obtain possession) the Rent Commencement Date for the Fixed Rent Existing Lease, and any Additional Rent payable for the Additional 4th Floor Space shall be extended on a day for day basis until the date on which Landlord delivers possession and all of the Additional 4th Floor Space to Tenant in the condition required hereunder. B. If Landlord does not deliver the Additional 4th Floor Space, the 5th Floor Space or any Option Space on the applicable date when Landlord is obligated to do so, Tenant shall have the same termination Landlord’s and Tenant’s obligations and rights with respect thereto, shall include and apply to those spaces the Additional Premises. In connection therewith, from and after the Additional Premises Commencement Date, the definition of the term “Premises” in paragraph 1 of the Existing Lease is amended and restated as are set forth follows: “The portion of the Building consisting of a portion of the seventh (7th), eighth (8th) and ninth (9th) floors the Building which is depicted on the plan attached as Exhibit B and agreed by Landlord and Tenant for all purposes under this Lease to consist of approximately 51,925 rentable square feet, measured in accordance with the standard BOMA Method of Measurement (ANSI-1996). The foregoing number of rentable square feet shall be final, conclusive and controlling and if Landlord remeasures the Building or Premises (regardless the reason, including whether required by a lender or due to a change in the Original Lease in Paragraph 56G with respect to an Additional Space. Similarlymethod of measurement employed by Landlord throughout the Building), then notwithstanding the outcome of such remeasurement, neither the amount of Base Rent nor Tenant’s Pro Rata Share (Operating Costs) or Tenant’s Pro Rata Share (Property Taxes) shall be changed as provided in Paragraph 56G, Landlord shall use its best efforts to cause the evic▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇nants in any such spaces, including without limitation instituting and diligently prosecuting an action for summary possession in a court of appropriate jurisdiction; it being understood that Landlord shall not be obligated to pay or otherwise compensate any holdover tenants to relinquish possession result of any such spaceremeasurement. C. Notwithstanding anything herein to the contrary, in the event that any of the rents payable under the Lease are abated due to casualty or any other matter which results in rent being abated, the Rent Commencement Date, as defined below, with respect to any space subject to such an abatement shall be tolled on a day for day basis. D. As used herein, the term "Rent Commencement Date" shall mean:”

Additional Premises. A. The Additional 4th Floor Space shall be delivered to Tenant on the Extended Term Commencement Date vacant and in broom clean condition. Effective as of the Extended Term Commencement Date, the Additional 4th Floor Space shall be deemed to be included Effective Date (as defined in the Premises for all purposes of the Lease and all references in the Lease and this Agreement to the "Demised Premises", "Premises", "premises", or "demised premises" shall be deemed to include the Additional 4th Floor Space. Except as otherwise herein provided, all other terms and conditions of the Lease, including those applicable to items of Fixed Rent and Additional Rent payable pursuant to the Lease, shall be deemed to beParagraph 2.b below), and shall remain, as set forth in continuing for the Lease throughout the remainder balance of the Term of the Lease, as amended herebySuite 602 on the 6th floor of the Building, shown outlined on the attached Exhibit A (the “Additional Premises”), shall be added to the premises covered by the Lease. Commencing on the Effective Date, all references in the Lease to the “Premises” shall be deemed to refer to the Existing Premises and the Additional Premises, collectively. Landlord and Tenant hereby stipulate for all purposes of the Lease that the Additional Premises contains 10,129 rentable square feet. Tenant expressly waives any right to rescind the Lease, as amended hereby, with respect to acknowledges that the Additional 4th Floor Space under Section 223-a Premises contain certain furniture (the “Existing Furniture”) which is listed on Exhibit “B” attached hereto. Tenant further acknowledges and agrees that the Existing Furniture is currently Landlord’s property. On or before September 15, 2011, Tenant may request that Landlord, at Landlord’s sole cost and expense, remove or (if necessary) disassemble all or some portion of the New York Real Property Law or under any present or future statute of similar import then Existing Furniture. Except for such furniture that Landlord removes at Tenant’s request as above stated, on and after September 15, 2011, in force and further expressly waives the right to recover any damages, direct or indirect, which may result from Landlord's failure to deliver possession consideration of the Additional 4th Floor Space on promises contained in this First Amendment, all right, title and interest in the Extended Term Commencement DateExisting Furniture remaining in the Premises shall be deemed transferred to Tenant by Landlord, however and Landlord shall retain no further right, title or interest in such event (provided Tenant is not same. Landlord makes no representation concerning, nor does Landlord warrant, the condition of the Existing Furniture nor shall Landlord be responsible for servicing or maintaining the inability Existing Furniture. Landlord shall have no liability to obtain possession) the Rent Commencement Date for the Fixed Rent and Tenant, nor shall Tenant be entitled to any Additional Rent payable for the Additional 4th Floor Space shall be extended on a day for day basis until the date on which Landlord delivers possession of the Additional 4th Floor Space to Tenant reduction in the condition required hereunder. B. If Landlord does not deliver the Additional 4th Floor Space, the 5th Floor Space rent or any Option Space on the applicable date when Landlord is obligated to do sooffset whatsoever, Tenant shall have the same termination rights with respect to those spaces as are set forth in the Original Lease in Paragraph 56G with respect to an Additional Space. Similarly, as provided in Paragraph 56G, Landlord shall use its best efforts to cause the evic▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇nants in any such spaces, including without limitation instituting and diligently prosecuting an action for summary possession in a court of appropriate jurisdiction; it being understood that Landlord shall not be obligated to pay or otherwise compensate any holdover tenants to relinquish possession of any such space. C. Notwithstanding anything herein to the contrary, in the event that should any of the rents payable under the Lease are abated due Existing Furniture fail to casualty operate or any other matter which results in rent being abated, the Rent Commencement Date, as defined below, with respect otherwise fail to any space subject to such an abatement shall be tolled on a day for day basisproperly function. D. As used herein, the term "Rent Commencement Date" shall mean:

Additional Premises. A. The Additional 4th Floor Space shall be delivered Landlord hereby demises and leases to Tenant and Tenant hereby accepts and leases from Landlord, commencing on November 1, 2002 (this date being hereafter referred to as the “Additional Premises Commencement Date”), certain space consisting of 8,262 rentable square feet on the Extended Term Commencement Date vacant and in broom clean condition. Effective as eighteenth (18th) floor of the Extended Term Commencement DateBuilding, as shown in Exhibit A attached hereto and made a part hereof (the “Additional Premises”). Except as specifically set forth in this Paragraph 75, all terms and conditions of this Lease shall apply to the Additional 4th Floor Space shall Premises as if the Additional Premises were part of the Leased Premises and all references to the Leased Premises contained herein shall, where applicable, be deemed to be included in the Premises for all purposes of the Lease and all references in the Lease and this Agreement to the "Demised Premises", "Premises", "premises", or "demised premises" shall be deemed to include Leased Premises and the Additional 4th Floor Space. Except as otherwise herein provided, all other terms and conditions of the Lease, including those applicable to items of Fixed Rent and Additional Premises. B. Net Base Rent payable pursuant to the Lease, shall be deemed to be, and shall remain, as set forth in the this Lease throughout the remainder of the Term of the Lease, as amended hereby. Tenant expressly waives any right to rescind the Lease, as amended hereby, with respect to the Additional 4th Floor Space under Section 223-a of the New York Real Property Law or under any present or future statute of similar import then in force and further expressly waives the right to recover any damages, direct or indirect, which may result Premises shall be as follows: $12,393.00 per month from Landlord's failure to deliver possession of the Additional 4th Floor Space on the Extended Term Commencement Date, however in such event (provided Tenant is not responsible for the inability to obtain possession) the Rent Premises Commencement Date for (as hereinafter defined) through to the Fixed Rent expiration date of February 28, 2006, except that the net base rent shall escalate annually at the rate of 3%. C. Landlord agrees to reimburse Tenant an allowance (the “Tenant Improvement Allowance”) of $103,275.00 towards the cost of all Tenant Improvements (including all architectural and any Additional Rent payable design costs) for the Additional 4th Floor Space Premises. Tenant shall be extended on a day provide Landlord with paid invoices for day basis until the date on which actual Tenant Improvement costs, together with lien waivers from the general contractor and all subcontractors for the work relating to those invoices. Landlord delivers possession shall reimburse Tenant within thirty (30) days of the Additional 4th Floor Space to Tenant in the condition required hereunderreceipt of invoices. B. If Landlord does not deliver the Additional 4th Floor Space, the 5th Floor Space or any Option Space on the applicable date when Landlord is obligated to do so, Tenant shall have the same termination rights with respect to those spaces 3. Except as are expressly set forth in the Original Lease in Paragraph 56G with respect to an Additional Space. Similarly, as provided in Paragraph 56G, Landlord shall use its best efforts to cause the evic▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇nants in any such spaces, including without limitation instituting and diligently prosecuting an action for summary possession in a court of appropriate jurisdiction; it being understood that Landlord shall not be obligated to pay or otherwise compensate any holdover tenants to relinquish possession of any such space. C. Notwithstanding anything herein to the contrary, in the event that any of the rents payable under the Lease are abated due to casualty or any other matter which results in rent being abated, the Rent Commencement Date, as defined below, with respect to any space subject to such an abatement shall be tolled on a day for day basis. D. As used herein, the term "Rent Commencement Date" Lease shall mean:remain unmodified and in full force and effect, enforceable in accordance with its terms.

Additional Premises. A. The “Additional Premises” shall mean a portion of the balance of Floor 12 of the Building that is outlined as the Additional Premises on Exhibit A attached hereto. The Additional 4th Floor Space Premises, together with the Existing Subleased Premises, are currently leased by MFS under a lease currently scheduled to expire on February 28, 2013, without any right of extension. Landlord shall not extend the term of the MFS’s lease in respect of any portion of the Leased Premises beyond the scheduled expiration date set forth above. MFS has advised Landlord that it may vacate the Additional Premises prior to such scheduled expiration date, in which event the Additional Premises may become available for space preparation work prior to such date. As used herein, the “Scheduled Delivery Period” for the Additional Premises shall mean the period commencing on December 1, 2012 and ending on April 1, 2013. The “Delivery Date” for the Additional Premises shall mean the date on which Landlord delivers the Additional Premises to Tenant, free and clear of all occupants and after substantial completion of the work that is required under Section 3.05 below to be performed by Landlord prior to the Delivery Date for the Additional Premises. Landlord shall use reasonable efforts to so deliver the Additional Premises to Tenant as early as is practicable during the Scheduled Delivery Period (after MFS vacates and surrenders such space and Landlord has substantially completed the work that it is required to perform prior to the Delivery Date under Section 3.05 below), provided that (i) the Additional Premises shall not be delivered to Tenant on the Extended Term Commencement Date vacant and in broom clean condition. Effective as of the Extended Term Commencement Date, the Additional 4th Floor Space shall be deemed to be included in the Premises for all purposes of the Lease and all references in the Lease and this Agreement prior to the "Demised Premises"Scheduled Delivery Period, "Premises", "premises", or "demised premises" shall be deemed unless Tenant elects to include the Additional 4th Floor Space. Except as otherwise herein provided, all other terms and conditions of the Lease, including those applicable to items of Fixed Rent and Additional Rent payable pursuant to the Lease, shall be deemed to be, and shall remain, as set forth in the Lease throughout the remainder of the Term of the Lease, as amended hereby. Tenant expressly waives any right to rescind the Lease, as amended hereby, with respect to the Additional 4th Floor Space under Section 223-a of the New York Real Property Law or under any present or future statute of similar import then in force and further expressly waives the right to recover any damages, direct or indirect, which may result from Landlord's failure to deliver possession accept such early delivery of the Additional 4th Floor Space on the Extended Term Commencement DatePremises, however and (ii) any delay in such event delivery beyond the Scheduled Delivery Period shall not give rise to any claim, damage, or liability of Landlord, except that the Rent Commencement Date (provided Tenant is not responsible solely in respect of the Additional Premises) shall be delayed by one day for each day (if any) that the Delivery Date for the inability to obtain possession) Additional Premises is delayed after the last day of the Scheduled Delivery Period (it being agreed, however, that such delay in the Rent Commencement Date for the Fixed Rent and any Additional Rent payable for the Additional 4th Floor Space Premises shall be extended on a day for day basis until the date on which Landlord delivers possession of the Additional 4th Floor Space not derogate from Landlord’s ongoing obligation to Tenant in the condition required hereunder. B. If Landlord does not continue to use reasonable efforts to deliver the Additional 4th Floor Space, Premises as soon as possible after the 5th Floor Space or any Option Space on the applicable date when Landlord is obligated to do so, Tenant shall have the same termination rights with respect to those spaces as are set forth in the Original Lease in Paragraph 56G with respect to an Additional Space. Similarly, as provided in Paragraph 56G, Landlord shall use its best efforts to cause the evic▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇nants in any such spaces, including without limitation instituting and diligently prosecuting an action for summary possession in a court of appropriate jurisdiction; it being understood that Landlord shall not be obligated to pay or otherwise compensate any holdover tenants to relinquish possession of any such space. C. Notwithstanding anything herein to the contrary, in the event that any end of the rents payable under the Lease are abated due to casualty or any other matter which results in rent being abated, the Rent Commencement Date, as defined below, with respect to any space subject to such an abatement shall be tolled on a day for day basisScheduled Delivery Period). D. As used herein, the term "Rent Commencement Date" shall mean: