Common use of Existing Tenant Clause in Contracts

Existing Tenant. Tenant acknowledges that the Sixth Floor Space is subject to an existing lease and Landlord will not be able to deliver the Sixth Floor Space to Tenant until such lease expires or terminates and the occupant of the Sixth Floor Space vacates the same. Landlord has advised Tenant that such lease for the Sixth Floor Space is scheduled to terminate on June 30, 2000; however, Tenant agrees that if Landlord delivers vacant, broom-clean possession of the Sixth Floor Space to Tenant prior to June 30, 2000, such earlier date of delivery shall be the Sixth Floor Space Possession Date, provided, that in no event shall such earlier date of delivery be earlier than five (5) days after Landlord gives to Tenant notice of the date on which Landlord anticipates that the Sixth Floor Space shall be so delivered to Tenant (unless Tenant or anyone claiming under or through Tenant first occupies the Sixth Floor Space for the performance of its work therein or any other purpose prior to the giving of such notice by Landlord or the expiration of such 5-day period). If any tenant in the Sixth Floor Space shall holdover beyond June 30, 2000, Landlord shall use reasonable efforts (including the prompt commencement and diligent prosecution of summary proceedings) to terminate such holdover tenancy. Notwithstanding anything to contrary contained in this Lease, Tenant agrees that Tenant shall have no claim against Landlord, and Landlord shall have no liability to Tenant for any failure or delay to deliver possession of the Sixth Floor Space pursuant to the terms hereof on the anticipated availability date or any other specific date and the validity of the Lease, as amended hereby, shall not be impaired under such circumstances nor shall the same be construed to extend the Term.

Existing Tenant. Landlord and Tenant acknowledges acknowledge that Existing Tenant currently holds a leasehold interest and first right of refusal in the Sixth Floor Space Premises pursuant to a lease agreement dated June 1, 2000 (the “Leasehold”). The lease agreement for the existing Leasehold is subject due to expire on May 31, 2005, with two (2) successive five (5) year options for Existing Tenant to extend the Leasehold. Pursuant to an existing amendment to the June 1, 2000 leasehold, Existing Tenant has agreed to vacate the Premises prior to October 1, 2001, remove all of its personal properties from the Premises, and terminate its lease and first right of refusal with respect to the premises described in Exhibit “A”. Existing Tenant will continue to lease an approximate 10-acre parcel of Woodhaven property described in Exhibit “D”. In the event Landlord will does not deliver exclusive possession of the Premises to Tenant by November 30, 2001, Tenant may seek specific performance against Landlord, or may terminate this lease after which this lease shall be able null and void and of no further force or effect. In the event this lease terminates due to Landlord’s failure to deliver exclusive possession to Tenant, Landlord shall, in addition to Tenant’s Security Deposit, promptly reimburse Tenant for all reasonable costs and expenses incurred by Tenant in pursuing Approvals and investigating the Sixth Floor Space to Tenant until such lease expires or terminates Premises’ condition and the occupant of the Sixth Floor Space vacates the sameenvironmental matters. Landlord has advised Tenant that such lease for the Sixth Floor Space is scheduled to terminate on June 30, 2000; however, Tenant agrees that if Landlord delivers “Exclusive possession” shall mean vacant, broom-clean with no rights or claims of possession of the Sixth Floor Space to Tenant prior to June 30, 2000, such earlier date of delivery shall be the Sixth Floor Space Possession Date, provided, that in no event shall such earlier date of delivery be earlier than five (5) days after Landlord gives to Tenant notice of the date on which Landlord anticipates that the Sixth Floor Space shall be so delivered to Tenant (unless Tenant or anyone claiming under or through Tenant first occupies the Sixth Floor Space for the performance of its work therein or by any other purpose prior to the giving of such notice by Landlord or the expiration of such 5-day period). If any tenant in the Sixth Floor Space shall holdover beyond June 30, 2000, Landlord shall use reasonable efforts (including the prompt commencement and diligent prosecution of summary proceedings) to terminate such holdover tenancy. Notwithstanding anything to contrary contained in this Lease, Tenant agrees that Tenant shall have no claim against Landlord, and Landlord shall have no liability to Tenant for any failure or delay to deliver possession of the Sixth Floor Space pursuant to the terms hereof on the anticipated availability date or any other specific date and the validity of the Lease, as amended hereby, shall not be impaired under such circumstances nor shall the same be construed to extend the Termparty except Tenant.