Common use of Additional Space Clause in Contracts

Additional Space. Commencing on May 1, 2001, Sublessor herein grants unto the Sublessee a Right of First Refusal on any space that shall be and/or becomes available in the building during the remaining Term of this Sublease. Prior to May 1, 2001 and thereafter prior to the first day of May of any calendar year during the remaining Term hereof, Sublessor shall notify Sublessee by written notice of the availability of any such space in the building. Should Sublessee desire to exercise its Right of First Refusal and sublease such available space, Sublessee must notify Sublessor in writing of its desire to sublease the available space within seven (7) calendar days of Sublessee's receipt of Landlord's notice of availability. Within thirty (30) days of the receipt of Sublessee's notice exercising the right to sublease such available space, Sublessee and Sublessor shall enter into an amendment of this agreement setting forth the terms under which the additional space is subleased to Sublessee. The Base Rental shall be at a rental mutually agreed between Sublessee and Sublessor. Failure by Sublessee to exercise its Right of First Refusal within said seven (7) calendar day period, or if exercised, failure to enter into an amendment of this agreement within thirty (30) days of Sublessor's receipt of Sublessee's notice, shall be deemed a waiver of such right and Sublessor shall thereafter be free of any obligation under this Article 2.04 for a period of 12 months. Any exercise by Sublessee of this Right of First Refusal shall be for a minimum of 5,000 rental square feet.

Additional Space. Commencing on May 1, 2001, Sublessor herein grants unto the agrees that Sublessee a Right of First Refusal on any space that shall be and/or becomes available have an option to lease up to an additional Thirty Thousand (30,000) square feet in the building during Building (“Sublessee’s Option”). If Sublessor has a potential tenant for the Building who will sublease the remaining Term of this Sublease. Prior to May 1, 2001 and thereafter prior to space in the first day of May of any calendar year during the remaining Term hereofBuilding, Sublessor shall notify Sublessee by provide written notice of the availability of any such space in the building. Should to Sublessee desire to exercise its Right of First Refusal and sublease such available spaceat 000 Xxxxxx Xxx, Sublessee must notify Xxxxxx, Xxxxxxxxxx that Sublessor in writing of its desire is negotiating to sublease the available space within remainder of the Building (“Notice of Sublease”). Sublessee shall have seven (7) calendar business days of Sublessee's receipt of Landlord's notice of availability. Within thirty (30) days of from the receipt of the Notice of Sublease from Sublessor or its agent to exercise Sublessee's notice exercising ’s Option and to notify the right Sublessor in writing that Sublessee is going to sublease such available spaceexercise Sublessee’s Option, including stating the number of square feet, up to Thirty Thousand (30,000) that Sublessee will be subleasing under Sublessee’s Option. Sublessee shall fully execute a SECOND ADDENDUM TO SUBLEASE DATED , 200 BETWEEN SB PRODUCTS, INC., AS SUBLESSOR, AND KEYSTONE AUTOMOTIVE OPERATIONS, INC., AS SUBLESSEE, FOR THE PREMISES AT 000 XXXXXX XXX, XXXXXX, XXXXXXXXXX (“Second Addendum”) before the close of business at 5:00 p.m. Pacific time on the Seventh (7th) business day after Sublessee receives the Notice of Sublease from Sublessor or its agent. Further, Sublessee’s Option shall be conditioned upon the terms and Sublessor shall enter into an amendment conditions of this agreement setting forth Sublease and this FIRST ADDENDUM specifically applying to the Sublessee’s Option with no further negotiations as to this Sublease, the First Addendum or Second Addendum’s terms under which and conditions, except as to the additional space is subleased to Sublessee. The Base Rental number of square feet Sublessee shall be at a rental mutually agreed between subleasing. However, in no way shall Sublessee’s Option prevent Sublessor from subleasing the remaining space in the Building, which is approximately One Hundred and Eight Thousand and Eighty Square Feet (108,080 Sq.’) if and when such tenant is negotiating with Sublessor for said One Hundred and Eight Thousand and Eighty Square Feet and Sublessee and Sublessor. Failure by Sublessee to does not timely exercise its Right of First Refusal within said seven (7) calendar day period, or if exercised, failure to enter into an amendment of this agreement within thirty (30) days of Sublessor's receipt of Sublessee's notice, shall be deemed a waiver of such right and Sublessor shall thereafter be free of any obligation under this Article 2.04 for a period of 12 months. Any exercise by Sublessee of this Right of First Refusal shall be for a minimum of 5,000 rental square feet.’s

Additional Space. Commencing During the original Term of this Lease, and provided that (i) Tenant is not in default beyond applicable notice and grace provisions provided herein, and (ii) the Term of this Lease shall have thirty-six (36) or more months remaining (if this Lease shall have a shorter period of time to run on May 1the Term (but Tenant has unexecuted extension options pursuant to Section 2.B), 2001Landlord shall give to Tenant not less than fifteen (15) days prior written notice of Landlord's intention to offer additional space and shall provide to Tenant the right to execute Tenant's option to extend in order to benefit from this Section 32), Sublessor herein grants unto Landlord agrees to give Tenant the Sublessee a Right of First Refusal on any Option for additional space that in the Building as it becomes available. The Tenant shall be and/or becomes available in the building during the remaining Term of this Sublease. Prior to May 1, 2001 and thereafter given prior to the first day of May of any calendar year during the remaining Term hereof, Sublessor shall notify Sublessee by written notice of the availability of any such the additional space which shall be upon the same terms, conditions, covenants and provisions as are contained in this Lease, except for Rent which shall be at the then fair market lease value for additional space in the building"market" as defined herein. Should Sublessee desire to exercise its Right of First Refusal and sublease such available space, Sublessee must notify Sublessor in writing of its desire to sublease the available space within seven (7) calendar days of Sublessee's receipt of Landlord's notice of availability. Within The Tenant shall have an exclusive thirty (30) days of the day period after receipt of Sublessee's said notice exercising (said thirty (30) day period shall include the aforesaid fifteen (15) days if Landlord has notified Tenant that Tenant must exercise its extension right in order to sublease such available benefit from this Section 32) to notify Landlord, in writing, of its intention to lease said space. If Tenant accepts said space, Sublessee and Sublessor shall enter into an amendment of this agreement setting forth but the terms under which parties are unable to agree on the fair market Rent for the additional space is subleased to Sublessee. The Base Rental shall be at a rental mutually agreed between Sublessee and Sublessor. Failure by Sublessee to exercise its Right of First Refusal within said seven (7) calendar day period, or if exercised, failure to enter into an amendment of this agreement within thirty (30) days after Tenant's notice to Landlord of Sublessorits intent to lease said space, then the issue shall be submitted for determination in accordance with the procedure and provisions set forth in Section 2.B and Section 36 hereof. The decision made in accordance with Section 36 shall be final and binding on Landlord and Tenant. The proposed term for the lease of such additional space shall be co-terminous with the balance of the term remaining under this Lease. In the event Tenant leases such additional space as provided in this Section, all other terms of this Lease shall remain in effect, including Tenant's options to extend the term and obligation to pay Additional Rent based on the additional space leased. If Tenant declines said space or fails to notify Landlord of its intention to lease said additional space within the aforementioned thirty (30) day period, then subject to Tenant's "Second Bite" option as herein provided, Landlord may lease said additional space to a third party, but on terms no more favorable (considering all rental payments) than those offered to Tenant. If Landlord desires to lease the additional space to a third party on terms more favorable than those offered to Tenant, then Tenant shall have the right (Tenant shall not have this right if Tenant shall not either (i) have at least thirty-six (36) months remaining on the Term, or (ii) have exercised a renewal option in order to achieve said thirty-six (36) month condition, as provided hereinabove) to accept the terms being offered to such third party and otherwise acceptable to such third party (except, that the term shall be co-terminous with this Lease); and Tenant may exercise such right by providing notice of such exercise to Landlord within fifteen (15) days after Tenant's receipt of Sublesseewritten notice of (i) such third party offer, and (ii) documentation of the third party's notice, willingness to accept such terms. The rights provided in this Section 33 shall be deemed a waiver of such right and Sublessor shall thereafter be free of applicable to any obligation under this Article 2.04 for a period of 12 months. Any exercise by Sublessee of this Right of First Refusal shall be for a minimum of 5,000 rental square feetspace in the Building at any time same becomes vacant.

Additional Space. Commencing Section 40.01. So long as this Lease is then in full force and effect and Tenant is not then in default in performing any of the conditions of this Lease on May 1its part to be performed, 2001both at the time of Landlord's Availability Notice (as hereinafter defined) and on the Effective Date (as hereinafter defined) for the Additional Space (as hereinafter defined), Sublessor herein grants unto at the Sublessee a Right time during the term of First Refusal on any space this Lease that shall be Landlord becomes aware of the potential availability, after the first leasing thereof, of the entire 7/th/ and/or becomes available the entire 9/th/ floor in the building Building (each such floor hereunder called the "Additional Space"), which Landlord anticipates will become available for lease and future occupancy by Tenant during the remaining Term term of this SubleaseLease, Landlord shall then give Tenant notice thereof (the "Availability Notice"). Prior Such notice shall also state the rentable square feet of the Additional Space (which for the purpose of this Article is agreed to May 1, 2001 be 30,000) and thereafter prior Landlord's reasonable estimation of the date when such Additional Space will be available for Tenant"s occupancy (the "Occupancy Date"). If the same is subject to the first day of May of any calendar year during the remaining Term hereof, Sublessor shall notify Sublessee by written notice prior right of the availability then tenant thereof to renew the term thereof or of any another existing tenant to lease the same (collectively, the "Prior Right"), Landlord shall include in its Availability Notice the existence of such space in Prior Right and the buildingdate by which the same must be exercised by the existing tenant having such Prior Right. Should Sublessee desire Concurrently with giving the Availability Notice to Tenant, Landlord shall give to the existing tenant notice to exercise its Right of First Refusal and sublease such available space, Sublessee must Prior Right. Landlord thereafter shall notify Sublessor in writing of its desire to sublease the available space within seven (7) calendar days of Sublessee's receipt of Landlord's notice of availability. Within thirty (30) days Tenant of the receipt exercise or non-exercise of Sublessee's notice exercising such Prior Right. Tenant shall have the one time right to sublease such available space, Sublessee and Sublessor shall enter into an amendment of this agreement setting forth the terms under which the additional space is subleased to Sublessee. The Base Rental shall be at a rental mutually agreed between Sublessee and Sublessor. Failure by Sublessee to exercise its Right option to lease such Additional Space by giving Landlord notice of First Refusal within said seven its election to do so (7) calendar day periodthe "Exercise Notice"), or if exercised, failure to enter into an amendment of this agreement within thirty (30) days from the date of Sublessor's its receipt of Sublessee's noticethe Availability Notice, shall be deemed with TIME OF THE ESSENCE. However, if such Additional Space is subject to a waiver Prior Right, Tenant may exercise its option by giving the Exercise Notice within thirty (30) days from the date of its receipt of notice from Landlord of the non-exercise of such right and Sublessor Prior Right, with TIME OF ESSENCE. If Landlord does not receive the Exercise Notice within the applicable thirty (30) day period, then Tenant shall thereafter be free of any obligation have no further rights under this Article 2.04 for a period of 12 months. Any exercise by Sublessee of this Right of First Refusal shall be for a minimum of 5,000 rental square feet40 with respect to the Additional Space set forth in the Availability Notice, and Landlord may lease such Additional Space to any other party upon such terms and conditions as Landlord may deem desirable.

Additional Space. Commencing During the term of this Lease, provided that Tenant has not been in default of this Lease, in the event that any leased space in the Building located on May 1, 2001, Sublessor herein grants unto the Sublessee a Right of First Refusal on any space that shall be and/or first or second floor becomes available in due to a tenant moving out (the building during the remaining Term of this Sublease. Prior to May 1"Available Space"), 2001 and thereafter prior to the first day of May of any calendar year during the remaining Term hereof, Sublessor Landlord shall notify Sublessee by provide Tenant with written notice of the availability of any such space same and Tenant shall have the first opportunity to lease the Available Space in the buildingits "as is" condition. Should Sublessee desire Tenant shall have two (2) weeks in which to exercise this option by delivering written notice to Landlord failing which this option to expand for the Available Space which was offered shall automatically terminate. In the event that Tenant timely exercises its Right of First Refusal option to lease the Available Space, the Base Rent for the Available Space shall be the base rent on a per square foot basis as will then be due by Tenant for the Premises and sublease such available space, Sublessee must notify Sublessor in writing of its desire to sublease the available space within seven (7) calendar days of Sublessee's receipt of Landlord's notice of availability. Within thirty (30) days of the receipt of Sublessee's notice exercising the right to sublease such available space, Sublessee and Sublessor parties shall enter into an amendment of this execute a lease modification agreement setting forth the terms under which addition of the additional space Available Space to the Premises and the new amount of Base Rent. Notwithstanding anything herein to the contrary, Tenant shall not be allowed to exercise the rights contained in this Section if Tenant is subleased in the last year of the primary term of this Lease unless Tenant exercises its option to Sublessee. The Base Rental renew; and provided further, if Tenant has exercised its option to renew and is in the sixth (6th) year of this Lease, Tenant shall be required to extend the term of this Lease at then prevailing market rates as a rental mutually agreed between Sublessee and Sublessorcondition of exercising the rights contained in this Section. Failure by Sublessee to In the event that Tenant does not exercise its Right of First Refusal within said seven (7) calendar day periodoption to expand for the Available Space which was offered, or if exercised, failure to enter into an amendment of this agreement within thirty (30) days of Sublessor's receipt of Sublessee's notice, shall be deemed a waiver of such right and Sublessor Landlord shall thereafter be free of any obligation under this Article 2.04 for a period of 12 months. Any exercise by Sublessee of this Right of First Refusal shall be for a minimum of 5,000 rental square feetable to lease the offered Available Space on terms acceptable to Landlord in Landlord's sole and absolute discretion.

Additional Space. Commencing Section 38.01. So long as this Lease is then in full force and effect and Tenant is not then in default in performing any of the conditions of this Lease on May 1its part to be performed, 2001both at the time of Landlord's Availability Notice (as hereinafter defined) and on the Effective Date (as hereinafter defined) for the Additional Space (as hereinafter defined), Sublessor herein grants unto after the Sublessee a Right initial leasing of First Refusal such Additional Space, Landlord shall thereafter give Tenant notice (the "Availability Notice") of the potential availability of additional space on any space that the 17th floor contiguous with the Demised Premises (the "Additional Space"), which Landlord anticipates will become available for lease and future occupancy by Tenant during the term of this Lease. Such notice shall be and/or becomes given at least three (3) months, but not more than nine (9) months, before the time when such Additional Space will become so available (except that in the building during the remaining Term event of this Sublease. Prior to May 1, 2001 and thereafter a termination of a lease prior to the first day of May of any calendar year during the remaining Term hereof, Sublessor shall notify Sublessee by written notice scheduled expiration of the availability of any such space in term thereof, the building. Should Sublessee desire to exercise its Right of First Refusal and sublease such available space, Sublessee must notify Sublessor in writing of its desire to sublease the available space within seven (7) calendar days of Sublessee's receipt of Landlord's notice of availability. Within Availability Notice shall be given at least thirty (30) days before the anticipated earlier termination date), and shall state Landlord's reasonable estimation of the date when such Additional Space will be available for Tenant's occupancy (the "Occupancy Date"). If such Additional Space is subject to the prior right of the existing tenant thereof to renew the term thereof or of another existing tenant to lease the same (collectively, the "Prior Right"), Landlord shall include in its Availability Notice the existence of such Prior Right and the date by which the same must be exercised by the existing tenant having such Prior Right. Landlord thereafter shall notify Tenant of the exercise or non-exercise of such Prior Right. Tenant may exercise its option to lease such Additional Space by giving Landlord notice of its election to do so (the "Exercise Notice"), within ten (10) days from the date of its receipt of Sublessee's notice exercising the right Availability Notice, with TIME OF THE ESSENCE. However, if such Additional Space is subject to sublease such available spacea Prior Right, Sublessee and Sublessor shall enter into an amendment of this agreement setting forth the terms under which the additional space is subleased to Sublessee. The Base Rental shall be at a rental mutually agreed between Sublessee and Sublessor. Failure by Sublessee to Tenant may exercise its Right option by giving the Exercise Notice within ten (10) days from the date of First Refusal its receipt of notice from Landlord of the non-exercise of such Prior Right, with TIME OF ESSENCE. If Landlord does not receive the Exercise Notice within said seven the applicable ten (710) calendar day period, or if exercised, failure to enter into an amendment of this agreement within thirty (30) days of Sublessor's receipt of Sublessee's notice, then Tenant shall be deemed a waiver of such right and Sublessor shall thereafter be free of any obligation have no further rights under this Article 2.04 for a period of 12 months. Any exercise by Sublessee of this Right of First Refusal shall be for a minimum of 5,000 rental square feet38, and Landlord may lease such Available Space to any other party upon such terms and conditions as Landlord may deem desirable.

Additional Space. Commencing (a) Sublessee shall have the first right to negotiate for office space contiguous to the Subleased Premises on May 1, 2001, the eleventh (11th) floor of the Building occupied by Sublessor herein grants unto on the Sublessee a Right of First Refusal on any space that shall be and/or Commencement Date and as it becomes available in the building event Sublessor determines to sublease such space during the remaining Term term hereof (such space, as it becomes available, referred to herein as, the "Additional Space"). This right of this Subleasefirst negotiation shall be effective from and after the expiration, without exercise, of the Early Termination Right. Prior to May 1, 2001 and thereafter Sublessor shall not make any Additional Space available for sublease by unrelated third parties prior to expiration of the Early Termination Right and Sublessor's compliance with this Section 18. This right of first day negotiation is personal to the Sublessee and may not be transferred to any assignee or sub-subtenant hereunder (other than a Permitted Transferee) without the prior written approval of May of any calendar year during the remaining Term hereof, Sublessor. Sublessor shall notify provide Sublessee by from time to time with written notice of the availability of any such space Additional Space and the date Sublessor determines, in its sole discretion, that it shall become available for subleasing (the building"Sublessor Additional Space Notice"). Should If Sublessee desire desires to exercise its Right of First Refusal and sublease such available spaceAdditional Space, Sublessee must notify Sublessor in writing of shall provide notice (the "Sublessee Additional Space Notice") to Sublessor, within fifteen (15) days after its desire to sublease the available space within seven (7) calendar days of Sublessee's receipt of Landlord's notice the Sublessor Additional Space Notice and the parties shall thereafter negotiate diligently and in good faith, in an effort to agree upon the terms for the sublease of availabilitythe Additional Space. Within A sublease of Additional Space shall be governed by all of the terms, covenants and conditions set forth in this Sublease, and shall be coterminous herewith, except for the amount of the base rent and additional rent payable by Sublessee, which shall be the prevailing fair market rent for space comparable to the Additional Space in buildings of comparable design, age, tenant mix, and location. The determination of fair market rent shall be made in accordance with the criteria and procedures set forth in Section 4 above for the Term extension option, which shall apply to Additional Space expansion. In the event the parties have not agreed upon the fair market rent for such Additional Space and executed an amendment to this Sublease for such Additional Space within thirty (30) days of the receipt of Sublessee's notice exercising the right to sublease such available space, Sublessee and Sublessor shall enter into an amendment of this agreement setting forth the terms under which the additional space is subleased to Sublessee. The Base Rental shall be at a rental mutually agreed between Sublessee and Sublessor. Failure by Sublessee to exercise its Right of First Refusal within said seven (7) calendar day period, or if exercised, failure to enter into an amendment of this agreement within thirty (30) days date of Sublessor's receipt of Sublessee's noticethe Sublessee Additional Space Notice, and/or in the event Sublessee does not timely deliver to Sublessor the Sublessee Additional Space Notice, the right of first negotiation provided herein shall be deemed a waiver of automatically terminate and expire with respect to such right Additional Space and Sublessor may thereafter lease such Additional Space to such parties and upon such terms and conditions as Sublessor may determine in its sole discretion. In the event any Additional Space becomes available, which such Additional Space has been previously offered to Sublessee and Sublessee has not elected to sublease such Additional Space, then in such event Sublessee shall thereafter be free of not again have any obligation under this Article 2.04 for a period of 12 monthsrights with respect to such Additional Space. Any exercise by Sublessee of this Right of First Refusal Nothing contained herein shall be for a minimum of 5,000 rental square feetrequire Sublessor to subdivide any such Additional Space or any portion thereof.

Additional Space. Commencing Landlord hereby leases to Tenant, and Tenant hereby agrees to lease from Landlord, the Additional Space for a term commencing on May January 1, 20012012 (the Additional Space Commencement Date), Sublessor herein grants unto and continuing through the Sublessee a Right Expiration Date, unless sooner terminated pursuant to the terms of First Refusal on any space that the Lease. Effective as of the Additional Space Commencement Date, the term Premises as used in the Lease, shall be and/or becomes available amended to include the Additional Space, and Exhibit A to the Lease shall be deleted in its entirety, and Exhibit A attached hereto shall be substituted therefor. Tenant acknowledges that the building during Additional Space is currently occupied by an existing tenant whose lease terminates on September 30, 2011. If the remaining Term of this Sublease. Prior to May 1, 2001 and thereafter existing tenant does not vacate the Additional Space prior to the first day of May of any calendar year during the remaining Term hereofOctober 31, Sublessor 2011, Tenant shall notify Sublessee by written notice of the availability of any such space in the building. Should Sublessee desire be entitled to exercise its Right of First Refusal and sublease such available space, Sublessee must notify Sublessor in writing of its desire to sublease the available space within seven two (7) calendar days of Sublessee's receipt of Landlord's notice of availability. Within thirty (302) days of rent abatement, on the Additional Space only, for each day after October 31, 2011 until such existing tenant vacates the Additional Space. Tenant shall take the Additional Space in its as-is condition except for certain leasehold improvements (the Initial Alterations) to the Additional Space which shall be completed in accordance with the terms of this Paragraph. Tenant agrees to submit plans and specifications for the Initial Alterations to Landlord for written approval. Landlord shall advise Tenant, no later than two (2) days after receipt of Sublessee's notice exercising the right to sublease such available spaceplans and specifications, Sublessee of its approval of such plans and Sublessor specifications or, if applicable, of any matters which are unsatisfactory or require change. Landlord agrees that it shall enter into an amendment not unreasonably withhold or delay its approval of this agreement setting forth the terms under which the additional space is subleased to Sublesseesuch plans. The Base Rental approved plans and specifications, including all approved changes, shall be referred to herein as the Initial Plans. Any changes or amendments to the Initial Plans must be approved by both Landlord and Tenant. Landlord shall complete the Initial Alterations by hiring a contractor selected by Tenant and approved by Landlord to install or construct the Initial Alterations in accordance with the Initial Plans. Landlord shall not unreasonably withhold or delay its hiring of the contractor selected by Tenant and shall not unreasonably delay or hinder the completion of the Initial Alterations by such contractor. Landlord will charge a construction management fee (the Construction Management Fee) equal to three percent (3%) of the aggregate amount of the Initial Improvement Allowance and any 2012 Allowance Portion of the Future Improvement Allowance (as such terms are hereinafter defined) which is funded by Landlord in connection with the Initial Alterations. Tenant intends to hire Xxxxx Xxxxx (Xxxxx) as an additional construction manager, and the fees and expenses of Xxxxx shall be paid by Tenant. So long as (i) no Event of Default (as defined in the Lease) has occurred and is continuing, and (ii) no event for which Landlord has provided notice (to the extent notice is required under the Lease) and/or which following the expiration of the applicable cure period could become an Event of Default under the Lease has occurred and is continuing, Landlord agrees to provide Tenant an allowance equal to Four Hundred Sixty-Four Thousand Seven Hundred Sixty and No/100 Dollars ($464,760.00) (the Initial Improvement Allowance), which allowance is to be used solely for completion of the Initial Alterations and satisfaction of any architectural and design fees and the Construction Management Fee. If the cost of the Initial Alterations exceeds the amount of the Initial Improvement Allowance, such additional amount shall reduce the amount of the 2012 Allowance Portion of the Future Improvement Allowance. Any work (labor or materials) outside the scope of the Initial Plans or the cost of which exceeds the aggregate of the Initial Improvement Allowance and the 2012 Allowance Portion of the Future Improvement Allowance shall be at a rental mutually Tenants sole cost and expense. Tenant acknowledges and agrees that Landlord has conditioned its agreement to fund the Initial Improvement Allowance on the payment thereof on or before June 30, 2012. Provided Landlord has acted timely and reasonably, if Landlord and Tenant have not agreed between Sublessee upon the Initial Plans on or before January 1, 2012, Landlord will have no further obligation to complete the Initial Alterations, and Sublessor. Failure by Sublessee to exercise its Right of First Refusal within said seven (7) calendar day period, or if exercised, failure to enter into an amendment of this agreement within thirty (30) days of Sublessor's receipt of Sublessee's notice, the Initial Improvement Allowance shall be deemed a waiver forfeited by Tenant. Further, any portion of such right and Sublessor shall thereafter be free the Initial Improvement Allowance remaining upon completion of any obligation under this Article 2.04 for a period of 12 months. Any exercise by Sublessee of this Right of First Refusal the Initial Alterations shall be for a minimum of 5,000 rental square feetdeemed forfeited by Tenant.

Additional Space. Commencing In the event that (a) Tenant requires space in addition to the Leased Premises and (c) the 1050 East Arques building and/or the remaining portion of the 1070/1080 East Arques building are vacant or will become vacant within one (1) year of the Lease Commencement Date, Tenant shall have the right to lease such vacant space in its entirety as additional space at market value not to exceed $1.25 per square foot per month and otherwise on May 1the same terms of this Lease, 2001, Sublessor herein grants unto modified only as provided in this Paragraph 15.1 and in Paragraph 15.2 below. Landlord will notify Tenant promptly upon receiving notification of any vacancy or pending vacancy of such other space. Tenant may exercise the Sublessee a Right right of First Refusal on any first refusal to lease additional space that shall be and/or becomes available in the building pursuant to this Paragraph 15.1 by notifying Landlord at anytime during the remaining Term of this Sublease. Prior to May 1first twelve (12) months following the Lease Commencement Date; provided, 2001 and thereafter however, that if, prior to Tenant’s exercise of such right, Landlord enters into negotiations for the first day lease of May such other space with a party not currently a tenant within the Sunnyvale Research Center, Landlord will notify Tenant of any calendar year during the remaining Term hereof, Sublessor shall such negotiations and Tenant will have ten (10) days following receipt of such notice to notify Sublessee by written notice Landlord of the availability of any such space in the building. Should Sublessee desire its intent to exercise its Right right of First Refusal first refusal for that particular other space. In any event, unless the parties otherwise agree, the Lease Commencement Date for any additional space Leased by Tenant would be the date on which Landlord delivers such additional space to Tenant, and sublease such available space, Sublessee must notify Sublessor in writing of its desire the Lease Term for any additional space leased by Tenant would be set to sublease expire on the available space within seven (7) calendar days of Sublessee's receipt of Landlord's notice of availabilityLease Expiration Date. Within thirty (30) days of the receipt of Sublessee's notice exercising If Tenant does not timely exercise the right to sublease such available spaceof first refusal under this Paragraph 15.1, Sublessee and Sublessor shall enter into an amendment of this agreement setting forth the terms under which the additional space is subleased to Sublessee. The Base Rental shall be at a rental mutually agreed between Sublessee and Sublessor. Failure by Sublessee to exercise its Right of First Refusal within said seven (7) calendar day period, or if exercised, failure to enter into an amendment of this agreement within thirty (30) days of Sublessor's receipt of Sublessee's notice, shall be deemed a waiver of then such right shall automatically be void and Sublessor shall thereafter be free of any obligation under this Article 2.04 for a period of 12 months. Any exercise by Sublessee of this Right of First Refusal shall be for a minimum of 5,000 rental square feetno further force or effect.

Additional Space. Commencing Lessor and Lessee hereby agree that on May 1, 2001, Sublessor herein grants unto or before the Sublessee a Right of First Refusal on any space date that shall be and/or becomes available in the building during the remaining Term of this Sublease. Prior to May 1, 2001 and thereafter prior to the first day of May of any calendar year during the remaining Term hereof, Sublessor shall notify Sublessee by written notice of the availability of any such space in the building. Should Sublessee desire to exercise its Right of First Refusal and sublease such available space, Sublessee must notify Sublessor in writing of its desire to sublease the available space within seven (7) calendar days of Sublessee's receipt of Landlord's notice of availability. Within is thirty (30) days after the existing tenant vacates (the "Additional Space Delivery Date") the approximately 2,371 square feet of space located at 3708 East Columbia, Tucson, Arizona and shown on EXHIBIT "A" attxxxxx xxxxxx (xxx "Xxxxxxxxxx Space"), provided Lessee is not in monetary or material default under this Lease, Lessor shall deliver to Lessee possession of the receipt Additional Space. The monthly base rent per square foot for the Additional Space shall be eighty cents ($0.80) per rentable square Please Initial Lessor G Lessee G foot. Such monthly base rent shall be increased annually on each anniversary of Sublessee's notice exercising the right Commencement Date during the Term and any Extension Term by three percent (3%) over the monthly base rent in effect immediately prior to sublease each such available spaceanniversary. On or before the date possession of the Additional Space is delivered to Lessee, Sublessee Lessor and Sublessor Lessee shall enter into execute an amendment adding the Additional Space xx xxxs Lease and modifying Lessee's pro rata share as it applies to the CAM Amount, the Xxxxxance Amount and the Real Property Tax. Lessor shall present the Premises to Lessee in a clean condition and (ii) the roof and the HVAC, electrical, plumbing, elevator and life safety systems serving the Premises shall be in good working order. If any of such systems are not in good working order as of the Additional Space Delivery Date, and if Lessee notifies Lessor of such fact within sixty (60) days after the Additional Space Delivery Date, Lessor shall, at its sole cost and expense, and not as a Total Common Area Charge, promptly and with reasonable diligence put the same in good working order. Other than as provided in this PARAGRAPH 36, Lessee shall accept the Additional Space in its "as-is" condixxxx xn the Additional Space Delivery Date and Lessor shall have no obligation to perform any repairs or improvements therein. Except as otherwise provided for in this PARAGRAPH 36, all other terms and conditions of this agreement setting forth Lease shall apply to the terms under which Additional Space. Tenant shall commence payment of rent for the additional space Additional Space and the term of the Additional Space shall commence on the date possession is subleased actually delivered to SublesseeLessee. The Base Rental lease term of the Additional Space shall be at a rental mutually agreed between Sublessee and Sublessor. Failure by Sublessee to exercise its Right of First Refusal within said seven (7) calendar day period, or if exercised, failure to enter into an amendment of this agreement within thirty (30) days of Sublessor's receipt of Sublessee's notice, shall be deemed a waiver of such right and Sublessor shall thereafter be free of any obligation under this Article 2.04 for a period of 12 months. Any exercise by Sublessee of this Right of First Refusal shall be for a minimum of 5,000 rental square feetexpire on the Expiration Date.

Additional Space. Commencing on May 1Provided that Tenant is not then in default under the terms of the Lease, 2001Landlord shall notify Tenant if Suite 375 of the Building (the “Additional Space”) is to become available for lease. If the Additional Space is to become available for lease, Sublessor herein grants unto (i) the Sublessee a Right of First Refusal on any space that Base Rent for the Additional Space shall be and/or becomes available at the Fair Market Rent (as calculated consistent with the determination of Fair Market Rent in Exhibit B attached hereto), (ii) the building during lease term of the remaining Term Additional Space shall be co-terminus with the Termination Date of this Subleasethe Lease (as set forth in Xxxxxxxxx 0 xxxxx), (xxx) the Additional Space will be leased in its “AS-IS” condition, without any obligation of Landlord to provide for tenant improvements or allowances and (iv) the lease of the Additional Space shall otherwise be on the same terms and conditions of the Lease (“Offer Terms”). Prior to May 1, 2001 and thereafter prior to the first day of May of any calendar year during the remaining Term hereof, Sublessor Tenant shall notify Sublessee have a one time option exercisable by written notice of the availability of any such space in the building. Should Sublessee desire to exercise its Right of First Refusal and sublease such available space, Sublessee must notify Sublessor in writing of its desire to sublease the available space Landlord within seven five (75) calendar days of Sublessee's after receipt of Landlord's ’s notice of availabilitytogether with the Offer Terms, to lease the Additional Space upon the Offer Terms. Within thirty (30) days of the receipt of Sublessee's If Tenant fails to deliver such notice exercising the right option within such five (5) day period, this option shall become null and void. Rent in respect of the Additional Space shall commence to sublease such available spacebe due and payable on the date Landlord delivers the Additional Space to Tenant free of other tenants and occupants and otherwise in accordance with the Offer Terms. Promptly after Tenant exercises this option, Sublessee Landlord and Sublessor Tenant shall enter into an amendment of this agreement to the Lease setting forth the terms under and conditions upon which Tenant shall lease the additional space is subleased Additional Space and incorporating the Additional Space as part of the Premises. Notwithstanding anything to Sublessee. The Base Rental the contrary contained in this Xxxxxxxxx 00, Xxxxxxxx shall only be at a rental mutually agreed between Sublessee obligated to offer the Additional Space to Tenant if the lease for the Additional Space has expired (after all renewal periods) or been terminated and Sublessor. Failure by Sublessee to exercise its Right of First Refusal within said seven (7) calendar day period, or if exercised, failure to enter into an amendment of this agreement within thirty (30) days of Sublessor's receipt of Sublessee's notice, shall be deemed a waiver of such right and Sublessor shall thereafter be free of any obligation under this Article 2.04 for a period of 12 months. Any exercise by Sublessee of this Right of First Refusal shall be for a minimum of 5,000 rental square feetthe tenant has vacated the Additional Space.