Common use of Additional Space Clause in Contracts

Additional Space. Subject to all of the terms and conditions set forth in this Section 2.4, Landlord hereby grants to Tenant, the continuous first right to lease for the Applicable Term additional square footage located on the third (3rd) floor of the Building (the “Additional Space”) consisting of approximately 8,199 rentable square feet and which is depicted on Exhibit C-2 attached hereto (the “Right of First Offer”). Tenant’s rights hereunder shall be subject to any renewal, expansion option, first right of offer, first right of refusal or similar rights previously granted to (i) any tenant of the Project as of the Effective Date, (ii) now or hereafter granted to Zayo Group, LLC and its successors and assigns; or, (iii) to any tenant leasing any portion of the Additional Space after Tenant fails to exercise any Right of First Offer or Right of First Refusal (collectively, the “Superior Rights”). The Superior Rights as of the date of the Lease are described on Exhibit F attached hereto. The “Applicable Term” for which any First Offer Space will be leased to Tenant pursuant to the Right of First Offer will always be coterminous with the Term of this Lease and will therefore be the remaining Term of this Lease as of the date on which Tenant first becomes obligated to pay Rent for such First Offer Space. If such remaining Term is less than two years, then Tenant will be required to exercise the Renewal Option in order to lease the subject Additional Space and therefore the Applicable Term will run until the end of the Renewal Term if applicable. In the event less than two years remains in the Renewal Term, this Right of First Offer shall be deemed to have expired and be null, void and of no further effect. If, at any time while the Right of First Offer is in effect, any Additional Space, that is Available for Lease. Landlord will, prior to binding itself to a lease of such space to any third party (other than a party exercising Superior Rights), except as subject to Tenant’s rights hereunder, notify Tenant (an “Offer Notice”) of the availability of such Additional Space and the terms and conditions that Landlord is willing to lease such Additional Space to Tenant. The Offer Notice shall provide for the following: (i) an improvement allowance, based on a per rentable square foot basis, equal to $59.00 multiplied by a fraction the numerator of which is the scheduled number of months remaining in the Term as of the date such Additional Space will be added to the Premises and the denominator of which is 84, and (ii) Basic Rent shall be equal on a per rentable square foot basis as the Basic Rent for the Suite 350 Premises as provided in Paragraph 6 of Section 1.2, which shall then become Basic Rent for the Additional Space to Fair Market Basic Rent, which shall then become Basic Rent for the Additional Space. Tenant will have until 5:00 p.m. on the seventh (7th) Business Day after Landlord’s delivery of an Offer Notice (the “ROFO Acceptance Deadline”) to notify Landlord that Tenant will lease all of the portion of the Additional Space described in the Offer Notice (an “ROFO Acceptance Notice “). If Tenant delivers its ROFO Acceptance Notice prior to the ROFO Acceptance Deadline, then Landlord and Tenant will execute an amendment to this Lease that incorporates such Additional Space into the Premises for the remaining Term hereof (including any renewal thereof), increases Tenant’s Share of Expenses Percentage to reflect the increase in rentable area of the Premises, provides for the Basic Rent to be paid by Tenant for the Additional Space for the remainder of the initial Term and for a tenant improvement allowance for improvements to such Additional Space per the Offer Notice. If Tenant does not exercise its Right of First Offer pursuant to the terms of this Section 2.4.1, Landlord may, subject to the provisions of Section 2.5, lease the Additional Space.

Additional Space. Section 40.1(A) Subject to all the provisions of Section 40.5 hereof, if at any time during the terms and conditions set forth in this Section 2.4, Landlord hereby grants to Tenant, Term (i) an entire floor or any portion of a floor having an area of ten thousand (10,000) rentable square feet or more which is above the continuous first right to lease for the Applicable Term additional square footage located on the third (3rd) ground floor of the Building (other than any floor of the “Building demised to Tenant on the date hereof) (a "Floor Additional Space”") consisting of approximately 8,199 rentable square feet and which is depicted on Exhibit C-2 attached hereto (the “Right of First Offer”). Tenant’s rights hereunder shall be subject to any renewal, expansion option, first right of offer, first right of refusal or similar rights previously granted to (i) any tenant of the Project as of the Effective Date, (ii) now any portion of the second floor of the Building, if the Second Floor Premises shall then comprise a portion of the Premises (other than any space on the second floor of the Building demised to Tenant on the date hereof (a "Second Floor Additional Space"; any Floor Additional Space or hereafter granted Second Floor Additional Space is hereinafter referred to Zayo Groupas "Additional Space"), LLC shall become vacant and its successors available for occupancy, then, provided that MONY is the Tenant hereunder and assigns; orno Event of Default has occurred and is continuing, Landlord, prior to offering to lease such space to any Person, shall deliver a notice to MONY stating that Landlord is prepared to enter into a lease for such Additional Space (the "Additional Lease") with Tenant, which notice (the "Additional Lease Proposal") shall specify with respect to such Additional Space (a) the Space Factor for the Additional Space, (iiib) any "free rent" period to be 98 99 included in the Additional Lease, (c) the work which Landlord will perform, if any, to prepare such Additional Space for Tenant's initial occupancy, (d) the amount of money, if any, which Landlord will provide to Tenant in connection with the performance by Tenant of any tenant leasing such work, (e) the anticipated commencement date of the tern, of the Additional Lease, (f) the fact that Tenant shall have no right to assign the Additional Lease, in whole or in part, or sublease all or any portion of the Additional Space after Tenant fails to exercise Lease, and (g) any Right of First Offer or Right of First Refusal (collectively, the “Superior Rights”). The Superior Rights as of the date of the Lease are described on Exhibit F attached hereto. The “Applicable Term” for which any First Offer Space will be leased to Tenant pursuant to the Right of First Offer will always be coterminous with the Term of this Lease and will therefore be the remaining Term of this Lease as of the date on which Tenant first becomes obligated to pay Rent for such First Offer Space. If such remaining Term is less than two years, then Tenant will be required to exercise the Renewal Option in order to lease the subject Additional Space and therefore the Applicable Term will run until the end of the Renewal Term if applicable. In the event less than two years remains in the Renewal Term, this Right of First Offer shall be deemed to have expired and be null, void and of no further effect. If, at any time while the Right of First Offer is in effect, any Additional Space, that is Available for Lease. Landlord will, prior to binding itself to a lease of such space to any third party (other than a party exercising Superior Rights), except as subject to Tenant’s rights hereunder, notify Tenant (an “Offer Notice”) of the availability of such Additional Space and the applicable terms and conditions that Landlord is willing to lease such Additional Space to Tenant. The Offer Notice shall provide not otherwise provided for the following: (i) an improvement allowance, based on a per rentable square foot basis, equal to $59.00 multiplied by a fraction the numerator of which is the scheduled number of months remaining in the Term as of the date such Additional Space will be added to the Premises and the denominator of which is 84, and (ii) Basic Rent shall be equal on a per rentable square foot basis as the Basic Rent for the Suite 350 Premises as provided in Paragraph 6 of Section 1.2, which shall then become Basic Rent for the Additional Space to Fair Market Basic Rent, which shall then become Basic Rent for the Additional Space. Tenant will have until 5:00 p.m. on the seventh (7th) Business Day after Landlord’s delivery of an Offer Notice (the “ROFO Acceptance Deadline”) to notify Landlord that Tenant will lease all of the portion of the Additional Space described in the Offer Notice (an “ROFO Acceptance Notice “). If Tenant delivers its ROFO Acceptance Notice prior to the ROFO Acceptance Deadline, then Landlord and Tenant will execute an amendment to this Lease that incorporates such Additional Space into the Premises for the remaining Term hereof (including any renewal thereof), increases Tenant’s Share of Expenses Percentage to reflect the increase in rentable area of the Premises, provides for the Basic Rent to be paid by Tenant for the Additional Space for the remainder of the initial Term and for a tenant improvement allowance for improvements to such Additional Space per the Offer Notice. If Tenant does not exercise its Right of First Offer pursuant to the terms of this Section 2.4.1, Landlord may, subject to the provisions of Section 2.5, lease the Additional SpaceArticle 40.

Additional Space. Subject The parties agree that if ETI intends to all sublease, license or make available portions of the Leased Premises (the "Open Space") other than the Premises to other parties that are not related to or affiliated with either party hereto, (i) ETI shall not sublease, license or make available for use any Open Space (or grant any party any rights with respect to such space) that is located adjacent to the Premises (the "Adjacent Space") without first offering in writing (the "Offer"), for an exclusive fifteen (15) day period, to sublease, license or make available for use such space to STC; and (ii) ETI shall, in good faith, attempt to sublease, license or make available for use the Open Space that is located within the Leased Premises that does not constitute the Adjacent Space prior to entering into any agreement to sublease, license or make available for use the Adjacent Space. In the event that STC desires to accept an Offer then, within fifteen (15) days after its receipt of the Offer, STC shall deliver a notice of acceptance to ETI. In the event STC delivers such notice of acceptance to ETI, then ETI shall license the Adjacent Space to STC, and STC shall license the Adjacent Space from ETI, upon the same terms and conditions set forth that it licenses the Premises, except that: (i) the Occupancy Fee with respect to the Adjacent Space shall be the same amount per rentable square foot that STC is paying ETI with respect to the Premises, except as otherwise provided in this Section 2.4, Landlord hereby grants to Tenant, the continuous first right to lease for the Applicable Term additional square footage located on the third (3rdParagraph 15(b) floor of the Building Co-location Schedule attached hereto, (ii) the “Additional term of the license with respect to the Adjacent Space shall be coterminous with the term of this Agreement with respect to the Premises, (iii) STC's obligation to pay the Occupancy Fee with respect to the Adjacent Space shall commence upon the date that ETI completes the build-out of the Adjacent Space for STC and obtains any necessary occupancy permit therefor and STC is lawfully permitted to occupy the Adjacent Space”) consisting . The scope of approximately 8,199 rentable square feet the build-out of the Adjacent Premises and which is depicted on Exhibit C-2 attached hereto (the “Right cost of First Offer”). Tenant’s rights hereunder performing the same shall be subject to any renewal, expansion option, first right of offer, first right of refusal or similar rights previously granted to (i) any tenant of the Project as of the Effective Date, (ii) now or hereafter granted to Zayo Group, LLC and its successors and assigns; or, (iii) to any tenant leasing any portion of the Additional Space after Tenant fails to exercise any Right of First Offer or Right of First Refusal (collectively, the “Superior Rights”). The Superior Rights as of the date of the Lease are described on Exhibit F attached hereto. The “Applicable Term” for parties mutual agreement which any First Offer Space will be leased to Tenant pursuant to the Right of First Offer will always be coterminous with the Term of this Lease and will therefore be the remaining Term of this Lease as of the date on which Tenant first becomes obligated to pay Rent for such First Offer Space. If such remaining Term is less than two years, then Tenant will be required to exercise the Renewal Option in order to lease the subject Additional Space and therefore the Applicable Term will run until the end of the Renewal Term if applicable. In the event less than two years remains in the Renewal Term, this Right of First Offer shall be deemed to have expired negotiated in good faith and be null, void and of no further effect. If, at any time while the Right of First Offer is in effect, any Additional Space, that is Available for Lease. Landlord will, prior to binding itself to a lease of such space to any third party (other than a party exercising Superior Rights), except as subject to Tenant’s rights hereunder, notify Tenant (an “Offer Notice”) of the availability of such Additional Space and the terms and conditions that Landlord is willing to lease such Additional Space to Tenant. The Offer Notice shall provide for the following: (i) an improvement allowance, based on a per rentable square foot basis, equal to $59.00 multiplied by a fraction the numerator of which is the scheduled number of months remaining in the Term as of the date such Additional Space will be added to the Premises and the denominator of which is 84, and (ii) Basic Rent shall be equal on a per rentable square foot basis as the Basic Rent for the Suite 350 Premises as provided in Paragraph 6 of Section 1.2, which shall then become Basic Rent for the Additional Space to Fair Market Basic Rent, which shall then become Basic Rent for the Additional Space. Tenant will have until 5:00 p.m. on the seventh (7th) Business Day after Landlord’s delivery of an Offer Notice (the “ROFO Acceptance Deadline”) to notify Landlord that Tenant will lease all of the portion of the Additional Space described in the Offer Notice (an “ROFO Acceptance Notice “). If Tenant delivers its ROFO Acceptance Notice prior to the ROFO Acceptance Deadline, then Landlord and Tenant will execute an amendment to this Lease that incorporates such Additional Space into the Premises for the remaining Term hereof (including any renewal thereof), increases Tenant’s Share of Expenses Percentage to reflect the increase in rentable area of the Premises, provides for the Basic Rent to be paid by Tenant for the Additional Space for the remainder of the initial Term and for a tenant improvement allowance for improvements to such Additional Space per the Offer Notice. If Tenant does not exercise its Right of First Offer pursuant to the terms of this Section 2.4.1, Landlord may, subject to the provisions of Section 2.5, lease the Additional Spacemarket price.

Additional Space. Subject (a) In the event that any adjacent office space, as defined in this paragraph (a), shall be or becomes "available for leasing" during the letting of the premises under this Agreement, and provided the Lessee is not then in default (after the giving of any required notice and the expiration of any subsequent period to cure such default specifically provided for in this Agreement) in the payment of any amount of basic rent, additional basic rent or cleaning or electricity charges, nor, on the date of the giving of said notice, has the Lessee been served with a notice of termination of this Agreement by the Port Authority and that this Agreement is in full force and effect, prior to entering into an agreement with a third party covering the letting of such available office space the Port Authority shall offer such Additional Space to the Lessee by notice in writing setting forth the date that it expects such space to become available or ready for occupancy and the number of rentable square feet comprising such available space (the said available office space so offered being hereinafter called the "Additional Space", provided, that if such available office space shall constitute all of the office space located on such floor or if, on the date of the offer referred to in this sentence, the Additional Space together with one or more portions of the premises leased by the Lessee pursuant to this Section 44 and located on the same floor as such Additional Space shall constitute all of the office space located on such floor, then the Additional Space shall also include the elevator lobby, corridor, closet (other than utility closet) and toilet spaces on such floor). The Lessee shall have the right, by written notification to the Port Authority subscribed by the president or a vice president of the Lessee and delivered to the Port Authority within thirty (30) days after receipt of the Port Authority's notice, to accept the Additional Space unconditionally in its entirety on the terms and conditions set forth in this Section 2.4, Landlord hereby grants to Tenant, the continuous first right to lease 44 for the Applicable Term additional square footage balance of the term of the letting under the Lease. For the purposes of this Agreement space shall be deemed adjacent at any given time if at that time it is on the same floor as a portion of the premises or if it is located on the third a floor immediately above or below a floor not less than one-half (3rd1/2) floor of the Building (the “Additional Space”) consisting of approximately 8,199 rentable square feet and of which is depicted on Exhibit C-2 attached hereto (the “Right of First Offer”). Tenant’s rights hereunder shall be subject to any renewal, expansion option, first right of offer, first right of refusal or similar rights previously granted to (i) any tenant of the Project as of the Effective Date, (ii) now or hereafter granted to Zayo Group, LLC and its successors and assigns; or, (iii) to any tenant leasing any at that time constitutes a portion of the Additional Space after Tenant fails to exercise any Right of First Offer or Right of First Refusal (collectively, the “Superior Rights”). The Superior Rights as of the date of the Lease are described on Exhibit F attached hereto. The “Applicable Term” for which any First Offer Space will be leased to Tenant pursuant to the Right of First Offer will always be coterminous with the Term of this Lease and will therefore be the remaining Term of this Lease as of the date on which Tenant first becomes obligated to pay Rent for such First Offer Space. If such remaining Term is less than two years, then Tenant will be required to exercise the Renewal Option in order to lease the subject Additional Space and therefore the Applicable Term will run until the end of the Renewal Term if applicable. In the event less than two years remains in the Renewal Term, this Right of First Offer shall be deemed to have expired and be null, void and of no further effect. If, at any time while the Right of First Offer is in effect, any Additional Space, that is Available for Lease. Landlord will, prior to binding itself to a lease of such space to any third party (other than a party exercising Superior Rights), except as subject to Tenant’s rights hereunder, notify Tenant (an “Offer Notice”) of the availability of such Additional Space and the terms and conditions that Landlord is willing to lease such Additional Space to Tenant. The Offer Notice shall provide for the following: (i) an improvement allowance, based on a per rentable square foot basis, equal to $59.00 multiplied by a fraction the numerator of which is the scheduled number of months remaining in the Term as of the date such Additional Space will be added to the Premises and the denominator of which is 84, and (ii) Basic Rent shall be equal on a per rentable square foot basis as the Basic Rent for the Suite 350 Premises as provided in Paragraph 6 of Section 1.2, which shall then become Basic Rent for the Additional Space to Fair Market Basic Rent, which shall then become Basic Rent for the Additional Space. Tenant will have until 5:00 p.m. on the seventh (7th) Business Day after Landlord’s delivery of an Offer Notice (the “ROFO Acceptance Deadline”) to notify Landlord that Tenant will lease all of the portion of the Additional Space described in the Offer Notice (an “ROFO Acceptance Notice “). If Tenant delivers its ROFO Acceptance Notice prior to the ROFO Acceptance Deadline, then Landlord and Tenant will execute an amendment to this Lease that incorporates such Additional Space into the Premises for the remaining Term hereof (including any renewal thereof), increases Tenant’s Share of Expenses Percentage to reflect the increase in rentable area of the Premises, provides for the Basic Rent to be paid by Tenant for the Additional Space for the remainder of the initial Term and for a tenant improvement allowance for improvements to such Additional Space per the Offer Notice. If Tenant does not exercise its Right of First Offer pursuant to the terms of this Section 2.4.1, Landlord may, subject to the provisions of Section 2.5, lease the Additional Spacepremises.