Common use of Current Premises Clause in Contracts

Current Premises. Tenant shall surrender the Current Premises to Landlord in the condition required pursuant to this Section 2 no later than 11:59 p.m. on the date which is fourteen (14) days following the New Premises Commencement Date (the “Surrender Date”). If Tenant surrenders the Current Premises by the Surrender Date, ▇▇▇▇▇▇’s obligation to pay Rent and other charges for the Current Premises shall cease as of the New Premises Commencement Date, otherwise Tenant shall continue to pay Rent for the Current Premises until Tenant actually surrenders the Current Premises in accordance with the terms of the Amended Lease. ▇▇▇▇▇▇ agrees to surrender possession of the Current Premises to Landlord on the Surrender Date, broom clean and in good order, condition and repair, ordinary wear and tear excepted, and otherwise in compliance with the terms of the Amended Lease regarding surrender as if the Lease had ​ expired as to the Current Premises. Upon such surrender, all ​ rights of Tenant to possession and occupancy of the Current Premises and Tenant’s obligations with respect to the Current Premises will terminate except as to Tenant’s surviving obligations under the Amended Lease, and all of Tenant’s rights and obligations under the Amended Lease shall relate solely to the New Premises; provided, however, if Tenant fails to surrender the Current Premises on or before the Surrender Date, Tenant shall be deemed in holdover of the Current Premises subject to the holdover provisions in the Lease, and such holding over shall not operate to release Tenant from its obligations with respect to the New Premises.

Current Premises. Tenant shall surrender have the right to continue to occupy the Current Premises to Landlord in accordance with the condition required pursuant to this Section 2 terms and conditions of the Lease until no later than 11:59 p.m. 12:00 midnight on the date which is fourteen five (145) days following after the New Premises Commencement Date (as defined in Section 3 below) (the “Surrender Date”). If ; provided, however, if Tenant surrenders the Current Premises by the Surrender Date, ▇▇▇▇▇▇Tenant’s obligation to pay Rent and other charges for the Current Premises shall cease as of the New Premises Commencement Date, otherwise Tenant shall continue to pay Rent for the Current Premises accruing after the New Premises Commencement Date (as defined in Section 3 below) shall cease, otherwise, if Tenant fails to surrender the Current Premises by the Surrender Date, Tenant shall be obligated to pay (a) the then current rent for the Current Premises for each day during the initial two (2) weeks of such holdover after the Surrender Date that Tenant continues to occupy the Current Premises (with any such rent prorated on the basis of a 30-day month); and (b) thereafter Tenant shall pay holdover rent for the Current Premises pursuant to Section 22 of the Lease for each day that Tenant continues to occupy the Current Premises (with any such rent prorated on the basis of a 30-day month), until Tenant actually surrenders the Current Premises in accordance with the terms of the Amended Lease. ▇▇▇▇▇▇ Tenant agrees to surrender possession of the Current Premises to Landlord on or before the Surrender Date, broom clean and in good order, condition and repair, ordinary wear and tear excepted, and otherwise in compliance with the terms of Section 25 the Amended Lease regarding surrender as if the Lease Term had ​ expired as to the Current Premises. Upon such surrender, all ​ rights of Tenant to possession and occupancy of the Current Premises and Tenant’s obligations with respect to the Current Premises will terminate except as to Tenant’s surviving obligations under the Amended Lease, and all of Tenant’s rights and obligations under the Amended Lease shall relate solely to the New Premises; provided, however, if . Tenant fails shall be responsible for all costs and expenses related to surrender its relocation from the Current Premises on or before the Surrender Date, Tenant shall be deemed in holdover of the Current Premises subject to the holdover provisions in the Lease, and such holding over shall not operate to release Tenant from its obligations with respect to the New Premises, including, without limitation, all moving costs and costs to install telephone and data cabling in the New Premises. Tenant shall have no restoration obligation(s) regarding the Current Premises.

Current Premises. Subject to the terms hereof, effective as of the Current Premises Expiration Date (defined below), the term of the Lease shall expire with respect to the Current Premises (and the Roof Space) and Concourse II with the same force and effect as if such term were, by the provisions of the Lease, fixed to expire with respect to the Current Premises (and the Roof Space) and Concourse II on the Current Premises Expiration Date. As used herein, “Current Premises Expiration Date” means the later to occur of (a) September 30, 2018 and (b) date occurring 15 days after the date the Tenant Improvement Work (defined in Exhibit B hereto) is Substantially Complete (defined in Exhibit B hereto). The parties anticipate that the Tenant Improvement Work will be Substantially Completed on or about October 10, 2018 (the “Target Substitution Effective Date”). Without limiting the foregoing: (a) the portion of the Base Rent schedule set forth in the Lease (as modified below) that applies to the Current Premises during the period following the Current Premises Expiration Date is hereby deleted from the Lease, (b) Tenant shall surrender the Current Premises (and the Roof Space) to Landlord in the condition required pursuant to this Section 2 no later than 11:59 p.m. on the date which is fourteen (14) days following the New Premises Commencement Date (the “Surrender Date”). If Tenant surrenders the Current Premises by the Surrender Date, ▇▇▇▇▇▇’s obligation to pay Rent and other charges for the Current Premises shall cease as of the New Premises Commencement Date, otherwise Tenant shall continue to pay Rent for the Current Premises until Tenant actually surrenders the Current Premises in accordance with the terms of the Amended Lease. Lease on or before the Current Premises Expiration Date, (c) Tenant shall remain liable for all Rent and other amounts payable under the Lease (as modified pursuant to the terms hereof) with respect to the Current Premises (and the Roof Space) for the period up to and including the Current Premises Expiration Date, even though ▇▇▇▇▇▇▇▇ agrees to surrender possession of for such amounts may occur after the Current Premises to Landlord Expiration Date (provided, however, that such Rent for any partial calendar month shall be prorated based on the Surrender Dateactual number of days in such month), broom clean and in good order, condition and repair, ordinary wear and tear excepted, and otherwise in compliance with the terms of the Amended Lease regarding surrender as if the Lease had ​ expired as to the Current Premises. Upon such surrender, all ​ rights of Tenant to possession and occupancy of the Current Premises and (d) Tenant’s restoration obligations with respect to the Current Premises will terminate except (and the Roof Space) shall be as set forth in the Lease, (e) if Tenant fails to surrender any portion of the Current Premises (and/or the Roof Space) on or before the Current Premises Expiration Date, Tenant’s surviving tenancy with respect thereto shall be subject to Section 22 of the Lease and (f) any other rights or obligations of Landlord or Tenant under the Amended LeaseLease relating to the Current Premises (and the Roof Space) that, and all in the absence of Tenant’s rights and obligations under the Amended Substitution, would have survived the expiration date of the Lease shall relate solely survive the Current Premises Expiration Date. During the period beginning on the Substitution Effective Date and ending on the Current Premises Expiration Date, all provisions of the Lease shall continue to apply to the New PremisesCurrent Premises and Concourse II as if the Current Premises were still part of the Premises (together with the Substitution Space); provided, however, if Tenant fails to surrender the Current Premises on or before the Surrender Date, that during such period Tenant shall not be deemed in holdover of the Current Premises subject required to the holdover provisions in the Lease, and such holding over shall not operate to release Tenant from its obligations pay (with respect to the New Current Premises.) monthly Base Rent or Tenant’s Pro Rata Share of Expenses and Taxes (except only for purposes of determining Tenant’s obligations under Section 1.2(e) above). At any time after the Current Premises Expiration Date, Landlord may deliver to Tenant a notice substantially in the form of Exhibit C attached hereto, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by written notice to Landlord, reasonably object to) such notice within five (5) business days after receiving it

Current Premises. Tenant shall surrender have the right to continue to occupy the Current Premises to Landlord in accordance with the condition required pursuant to this Section 2 terms and conditions of the Lease until no later than 11:59 p.m. 12:00 midnight on the date which is fourteen five (145) business days following after the New Premises Commencement Date (the “Surrender Date”). If ; provided, however, if Tenant surrenders the Current Premises by the Surrender Date, ▇▇▇▇▇▇Tenant’s obligation to pay Rent and other charges for the Current Premises shall cease as of the New Premises Commencement Date, otherwise Tenant shall continue to pay Rent for the Current Premises accruing after the New Premises Commencement Date shall cease, otherwise, if Tenant fails to surrender the Current Premises by the Surrender Date, Tenant shall be obligated to pay holdover rent for the Current Premises pursuant to Section 22 of the Original Lease as amended, for each day that Tenant continues to occupy the Current Premises (with any such rent prorated on the basis of a 30-day month), until Tenant actually surrenders the Current Premises in accordance with the terms of the Amended Lease. ▇▇▇▇▇▇ Tenant agrees to surrender possession of the Current Premises to Landlord on or before the Surrender Date, broom clean and in good order, condition and repair, ordinary wear and tear excepted, and otherwise in compliance with the terms of Section 25 the Amended Original Lease regarding surrender as if the Lease Term had ​ expired as to the Current PremisesCurrent. Upon such surrender, all ​ rights of Tenant to possession and occupancy of the Current Premises and Tenant’s obligations with respect to the Current Premises will terminate except as to Tenant’s surviving obligations under the Amended Lease, and all of Tenant’s rights and obligations under the Amended Lease shall relate solely to the New Premises; provided, however, if . Tenant fails shall be responsible for all costs and expenses related to surrender its relocation from the Current Premises on or before to the Surrender DateNew Premises, including, without limitation, all moving costs and costs to install telephone and data cabling in the New Premises. Notwithstanding the foregoing, Tenant shall be deemed have no obligation to remove from the Current Premises the furniture, fixtures, and equipment described on Exhibit C attached hereto (the “Current Premises Remaining “FF&E”), and Tenant hereby conveys and transfers to Landlord as if by quitclaim or ▇▇▇▇ of sale, all of Tenant’s right, title and interest in holdover and to the Current Premises Remaining FF&E, and Landlord hereby accepts and takes possession of the Current Premises subject to the holdover provisions Remaining FF&E in the Leaseits “As-Is” condition, and such holding over shall not operate to release Tenant from its obligations with respect to the New Premiseswithout representation or warranty by Tenant.

Current Premises. Upon mutual execution of this Lease, both Landlord and Tenant shall surrender acknowledge that Landlord has delivered possession of the Current Premises and that Tenant currently occupies the Current Premises. If in the exercise of its Current Premises Construction Election Tenant elects to have Landlord construct the Tenant Improvements in the Current Premises, then concurrently with the exercise of its Current Premises Construction Election, Tenant will deliver to Landlord its plans, including proposed construction drawings, for construction of the Tenant Improvements in the condition required pursuant to this Section 2 no later than 11:59 p.m. on Current Premises (“Tenant’s Current Premises Plans”), and in such Tenant’s Current Premises Plans will state its desired date for completion of the date which is fourteen (14) days following Tenant Improvements in the New Current Premises Commencement Date (the “Surrender Desired Current Premises Completion Date”). Within fifteen (15) days after receipt of Tenant’s Current Premises Plans, Landlord will notify Tenant in writing of its estimated construction timeline with respect to Tenant’s Current Premises Plans (“Landlord’s Current Premises Construction Estimate”). If Landlord’s Current Premises Construction Estimate indicates that Landlord will be unable to complete construction of the Tenant surrenders Improvements in the Current Premises by the Surrender Desired Current Premises Completion Date, ▇▇▇▇▇▇’s obligation then Tenant will have a second opportunity to pay Rent and other charges for the exercise its Current Premises shall cease as Construction Election and elect to manage construction of the New Premises Commencement Date, otherwise any Tenant shall continue to pay Rent for the Current Premises until Tenant actually surrenders the Current Premises in accordance with the terms of the Amended Lease. ▇▇▇▇▇▇ agrees to surrender possession of the Current Premises to Landlord on the Surrender Date, broom clean and in good order, condition and repair, ordinary wear and tear excepted, and otherwise in compliance with the terms of the Amended Lease regarding surrender as if the Lease had ​ expired as to Improvements within the Current Premises. Upon Alternatively, the parties agree to mutually cooperate to revise the scope of the Tenant Improvements set out in Tenant’s Current Premises Plans so as to achieve the Desired Current Premises Completion Date. If Tenant elects to have Landlord construct the Tenant Improvements in the Current Premises, then the mutually-agreed upon date for substantial completion of the Tenant Improvements in the Current Premises, whether or not such surrenderdate is prior to or after the Desired Current Premises Completion Date, all ​ rights shall be reflected in the final Landlord’s Current Premises Construction Estimate and is referred to herein as the “Estimated Current Premises Completion Date” and the actual date of substantial completion of the Tenant to possession and occupancy of Improvements in the Current Premises and Tenant’s obligations with respect by Landlord, whether occurring prior to or after the Estimated Current Premises Completion Date is referred to herein as the “Current Premises Completion Date.” If in the exercise of its Current Premises Construction Election Tenant elects that Landlord will manage the Tenant Improvements in the Current Premises, then Landlord shall complete the Tenant Improvements in the Current Premises will terminate except as upon and subject to Tenant’s surviving obligations under the Amended Leaseterms and conditions set forth in the Landlord-Managed Work Letter, and all of Tenant’s rights and obligations under shall use commercially reasonable efforts to complete the Amended Lease shall relate solely Tenant Improvements in the Current Premises prior to the New Premises; providedEstimated Current Premises Completion Date. If the Current Premises Completion Date has not occurred by the Estimated Current Premises Completion Date, subject to Force Majeure Delays and Tenant Delays (as defined in the Landlord-Managed Construction Work Letter), then such failure shall not affect the Commencement Date hereunder, but Tenant shall be entitled to the additional remedies set forth below. If, however, if in the exercise of its Current Premises Construction Election Tenant fails elects to surrender manage the Tenant Improvements in the Current Premises, then Tenant shall construct such Tenant Improvements in the Current Premises on or before the Surrender Date, Tenant shall be deemed in holdover of the Current Premises upon and subject to the holdover provisions terms and conditions contained in the Lease, Tenant-Managed Work Letter and such holding over Tenant shall not operate to release Tenant from its obligations with respect be entitled to the New Premisesadditional remedies set forth in subparagraph (b) below, but shall still be entitled to the benefit of any other provisions of this Lease.