Common use of Expanded Premises Clause in Contracts

Expanded Premises. Effective as of September 1, 2010 (the “Initial Effective Date”), the Premises (as described in Section A of Part I of the Lease) shall be increased by approximately 2,908 square feet of Rentable Area (2,529 usable square feet) on the second (2nd) floor of the Building known as Suite 280 (the “Second Expansion Space”), so that the increased Premises totals approximately 13,913 square feet of Rentable Area (12,099 usable square feet). The location of the Second Expansion Space is shown on the Floor Plan attached as Exhibit “A” to this Addendum No. 2. Effective as of January 1, 2011 (the “Second Effective Date”), the Premises shall be increased again by approximately 2,624 square feet of Rentable Area (2,282 usable square feet) on the second (2nd) floor of the Building known as Suite 240 (the “Third Expansion Space”), so that the increased Premises totals approximately 16,537 square feet of Rentable Area (14,381 usable square feet). The location of the Third Expansion Space is shown on the Floor Plan attached as Exhibit “A” to this Addendum No. 2 (the original Premises, the Second Expansion Space and the Third Expansion Space shall be collectively referred to herein as the “Expanded Premises”). Tenant hereby accepts the Expanded Premises in its current “AS-IS” condition, without any additional modification, improvement or refurbishing by Landlord. The description of the Premises contained in Section A of Part I of the Lease is amended accordingly, Notwithstanding the above, the increase in the Rentable Area to include the Second Expansion Space and the Third Expansion Space is expressly contingent upon the termination of the lease for the current occupant of the Second Expansion Space and the Third Expansion Space, respectively (the “Prior Leases”). Landlord shall not be liable for a delay in Tenant’s occupancy of the Second Expansion Space or the Third Expansion Space, as applicable, due to Landlord’s inability to terminate the Prior Leases and to deliver possession of the Second Expansion Space and the Third Expansion Space by the dates set forth above. The Landlord shall not be subject to any liability, including, without limitation, lost profits or incidental or consequential damages for any delay or inability to deliver possession of the Second Expansion Space or the Third Expansion Space, as applicable, to the Tenant.

Expanded Premises. Effective as of September August 1, 2010 2008 (the “Initial Effective Date”), the Premises (as described in Section A of Part I of the Lease) shall be increased by approximately 2,908 4,647 square feet of Rentable Area (2,529 4,041 usable square feet) on the second (2nd) floor of the Building known as Suite 280 260 (the “Second Expansion Space”), so that the increased Premises totals approximately 13,913 11, 005 square feet of Rentable Area (12,099 9,570 usable square feet) (the original Premises and the Expansion Space shall be collectively referred to herein as the “Expanded Premises”). The location of the Second Expansion Space is shown on the Floor Plan attached as Exhibit “A” to this Addendum No. 2. Effective as of January 1, 2011 (the “Second Effective Date”), the Premises shall be increased again by approximately 2,624 square feet of Rentable Area (2,282 usable square feet) on the second (2nd) floor of the Building known as Suite 240 (the “Third Expansion Space”), so that the increased Premises totals approximately 16,537 square feet of Rentable Area (14,381 usable square feet). The location of the Third Expansion Space is shown on the Floor Plan attached as Exhibit “A” to this Addendum No. 2 (the original Premises, the Second Expansion Space and the Third Expansion Space shall be collectively referred to herein as the “Expanded Premises”). Tenant hereby accepts the Expanded Premises in its current “AS-IS” condition, without any additional modification, improvement or refurbishing by Landlord. The description of the Premises contained in Section A of Part I of the Lease is amended accordingly, . Notwithstanding the above, the increase in the Rentable Area to include the Second Expansion Space and the Third Expansion Space is expressly contingent upon the termination of the lease for the current occupant of the Second Expansion Space and the Third Expansion Space, respectively (the “Prior LeasesLease”). Landlord shall not be liable for a delay in Tenant’s occupancy of the Second Expansion Space or the Third Expansion Space, as applicable, due to Landlord’s inability to terminate the Prior Leases Lease and to deliver possession of the Second Expansion Space and the Third Expansion Space by the dates set forth aboveEffective Date. The Landlord shall not be subject to any liability, including, without limitation, lost profits or incidental or consequential damages for any delay or inability to deliver possession of the Second Expansion Space or the Third Expansion Space, as applicable, to the Tenant.

Expanded Premises. Effective as of September the later to occur of the following: (a) December 1, 2010 2012; or (b) provided that Tenant takes possession by December 21, 2012, the date on which Tenant takes possession of the Temporary Expansion Space, as defined below (the “Initial Effective Date”), the Original Premises (as described in Section A of Part I of the Lease) shall be temporarily increased by approximately 2,908 3,547 square feet of Rentable Area (2,529 3,085 usable square feet) on the second third (2nd3rd) floor of the Building known as Suite 280 360 (the “Temporary Expansion Space”), so that the increased Premises temporarily totals approximately 26,869 square feet of Rentable Area (23,316 usable square feet). The location of the Temporary Expansion Space is shown on the Floor Plan attached as Exhibit “A” to this Addendum No. 5. Tenant’s right to occupy the Temporary Expansion Space pursuant to the terms and conditions of the Lease shall expire as of June 30, 2013 (the “Temporary Expansion Space Termination Date”). Effective as of the earlier to occur of the following: (a) July 1, 2013; or (b) the date on which Landlord delivers the Second Expansion Space (defined below) for Tenant’s occupancy (the “Second Effective Date”), the Original Premises shall be increased by approximately 4,882 square feet of Rentable Area (4,245 usable square feet) on the third (3rd) floor of the Building known as Suite 330 (the “Second Expansion Space”), so that the increased Premises totals approximately 13,913 28,204 square feet of Rentable Area (12,099 24,476 usable square feet). The location of the Second Expansion Space is shown on the Floor Plan attached as Exhibit “A” to this Addendum No. 2. Effective as of January 1, 2011 (the “Second Effective Date”), the Premises shall be increased again by approximately 2,624 square feet of Rentable Area (2,282 usable square feet) on the second (2nd) floor of the Building known as Suite 240 (the “Third Expansion Space”), so that the increased Premises totals approximately 16,537 square feet of Rentable Area (14,381 usable square feet). The location of the Third Expansion Space is shown on the Floor Plan attached as Exhibit “A” to this Addendum No. 2 (the original Original Premises, the Second Temporary Expansion Space for the period set forth above and the Third Second Expansion Space shall be collectively referred to herein as the “Expanded Premises”). Except as provided in Section 4 below, Tenant hereby accepts the Expanded Premises in its their current “AS-IS” condition, without any additional modification, improvement or refurbishing by Landlord. The description of the Original Premises contained in Section A of Part I of the Lease is amended accordingly, . Notwithstanding the above, the increase in the Rentable Area to include the Second Temporary Expansion Space and the Third Second Expansion Space is expressly contingent upon the termination of the lease for the current occupant of the Second Temporary Expansion Space and the Third Second Expansion Space, respectively (the “Prior Leases”). Landlord shall not be liable for a delay in Tenant’s occupancy of the Second Temporary Expansion Space or the Third Second Expansion Space, as applicable, due to Landlord’s inability to terminate the Prior Leases and to deliver possession of the Second Temporary Expansion Space and the Third Second Expansion Space by the dates set forth above. The Landlord shall not be subject to any liability, including, without limitation, lost profits or incidental or consequential damages for any delay or inability to deliver possession of the Second Temporary Expansion Space or the Third Second Expansion Space, as applicable, to the Tenant. In the event that Landlord is unable to deliver possession of the Temporary Expansion Space by the date set forth above, Tenant shall not be liable or obligated to take possession of the Temporary Expansion Space, or make any Monthly Base Rent payments to Landlord in excess those set forth in Section 3(b) above. If Landlord is able to deliver possession of the Temporary Expansion Space by the date set forth above but is unable to deliver possession of the Second Expansion Space by the date set forth above, Landlord shall extend the Temporary Expansion Space Termination Date to allow Tenant to take possession of the Second Expansion Space or continue possession of the Temporary Expansion Space through a mutually agreed upon date. For each month that Tenant’s possession of the Second Expansion Space is delayed due to Landlord’s inability to deliver possession, the Monthly Base Rent for the Second Expansion Space shall be reduced to an amount equivalent to the Monthly Base Rent of the Temporary Expansion Space for a corresponding number of months.