Common use of Expansion and Effective Date Clause in Contracts

Expansion and Effective Date. Effective as of May 1, 2003 (the “May 2003 Expansion Effective Date”), the Premises, as defined in the Lease, is increased from 56,724 rentable square feet on the 1st and 2nd floors of the Building to 88,479 rentable square feet on the 1st and 2nd floors of the Building and the 3rd floor of Building 3 by the addition of the May 2003 Expansion Space, and from and after the May 2003 Expansion Effective Date, the Existing Premises and the May 2003 Expansion Space, collectively, shall be deemed the Premises, as defined in the Lease. The Term for the May 2003 Expansion Space shall commence on the May 2003 Expansion Effective Date and end on the Termination Date. The May 2003 Expansion Space is subject to all the terms and conditions of the Lease except as expressly modified herein and except that Tenant shall not be entitled to receive any allowances, abatements or other financial concessions granted with respect to the Existing Premises unless such concessions are expressly provided for herein with respect to the May 2003 Expansion Space. The May 2003 Expansion Effective Date shall be delayed to the extent that Landlord fails to deliver possession of the May 2003 Expansion Space for any reason (other than Tenant Delays), including but not limited to, holding over by prior occupants. Any such delay in the May 2003 Expansion Effective Date shall not subject Landlord to any liability for any loss or damage resulting therefrom. If the May 2003 Expansion Effective Date is delayed, the Termination Date under the Lease shall not be similarly extended.

Expansion and Effective Date. Effective as of May 1, 2003 the date (the “May 2003 Expansion Effective Date”) that is the later of (i) June 1, 2021 and (ii) sixty (60) days following the Expansion Delivery Date (defined below), the Premises, as defined in the Lease, Original Premises is increased from 56,724 approximately 228,941 rentable square feet on the 1st and 2nd floors of the Building Project to 88,479 approximately 254,690 rentable square feet on the 1st and 2nd floors of the Building and the 3rd floor of Building 3 Project by the addition of the May 2003 Expansion Space, and from and after the May 2003 Expansion Effective Date, the Existing Original Premises and the May 2003 Expansion Space, collectively, shall be deemed the “Premises”, as defined in the Lease, and as used herein. The Term for the May 2003 Expansion Space shall commence on the May 2003 Expansion Effective Date and end on the Termination DateExpiration Date unless sooner terminated in accordance with the terms of the Lease, as amended hereby. The May 2003 Expansion Space is subject to all the terms and conditions of the Lease except as expressly modified herein herein. As used herein, “Expansion Delivery Date” means the date on which Landlord tenders possession of the Expansion Space to Tenant in its current condition and except configuration (normal wear and tear excepted) free from occupancy by any party and in good, vacant, broom clean condition. The Expansion Delivery Date is anticipated to occur on April 1, 2021 (the “Estimated Expansion Delivery Date”). During the period beginning on the Expansion Delivery Date and ending on the date immediately preceding the Expansion Effective Date, all provisions of the Lease relating to the Expansion Space shall apply as if the Expansion Effective Date had occurred; provided, however, that during such period Tenant shall not be entitled required to receive any allowances, abatements or pay Rent for the Expansion Space other financial concessions granted than the payment of Operating Expenses and other charges for services requested by Tenant with respect to the Existing Premises unless such concessions are expressly provided for herein with respect Expansion Space pursuant to the May 2003 Expansion Space. The May 2003 Expansion Effective Date shall be delayed to the extent that Landlord fails to deliver possession applicable provisions of the May 2003 Expansion Space for any reason (other than Tenant Delays), including but not limited to, holding over by prior occupantsLease. Any such delay in the May 2003 Expansion Effective Delivery Date shall not subject Landlord to any liability for any loss or damage resulting therefrom. If the May 2003 Expansion Effective Delivery Date is delayed, the Termination Expiration Date under the Lease shall not be similarly extended. Landlord acknowledges that the Expansion Space is currently occupied by a tenant (the “Existing Expansion Space Tenant”) pursuant to a lease (the “Existing Expansion Space Lease”) with a term expiring on March 31, 2021 (the “Existing Expansion Space Lease Expiration Date”). Landlord shall use commercially reasonable efforts to cause the Existing Expansion Space Tenant to surrender and vacate the Expansion Space on or prior to the Existing Expansion Space Lease Expiration Date with the Expansion Space in its current configuration and otherwise in the condition required by the Existing Expansion Space Lease. If the Existing Expansion Space Tenant does not so surrender the Expansion Space by the Existing Expansion Space Lease Expiration Date, then Landlord shall use commercially reasonable efforts to cause the Existing Expansion Space Tenant to so surrender and vacate the Expansion Premises, including, without limitation, promptly commencing and pursuing unlawful detainer and eviction proceedings if the Existing Expansion Space Tenant fails to surrender and vacate the Expansion Premises by April 30, 2021. Notwithstanding anything to the contrary in this Amendment, if Landlord fails to cause the Expansion Delivery Date to occur for any reason by the date that is one hundred twenty (120) days after the Estimated Expansion Delivery Date (the “Outside Delivery Date”), then Tenant shall be entitled to an abatement of Base Rent for the Expansion Space following the Expansion Effective Date in an amount equal to $1,735.41 for every day in the period beginning on the Outside Delivery Date and ending on the Expansion Delivery Date. Landlord and Tenant acknowledge and agree that the Outside Delivery Date shall not be postponed by the number of days the Expansion Delivery Date is delayed due to strikes, acts of God, shortages of labor or materials, war, terrorist acts, civil disturbances, governmental orders, and other causes beyond the reasonable control of Landlord.

Expansion and Effective Date. Effective as of May 1, 2003 (the “May 2003 Seventh Expansion Effective Date”Date (as hereinafter defined), the Premises, as defined in the Lease, is increased from 56,724 by 8,266 rentable square feet on the 1st and 2nd 4th floors of the Building to 88,479 rentable square feet on the 1st and 2nd floors of the Building and the 3rd floor of Building 3 by the addition of the May 2003 Seventh Expansion Space, and from and after the May 2003 Seventh Expansion Effective Date, the Existing Premises and the May 2003 Expansion Space, collectively, shall be deemed the Premises, as defined in the Lease, shall be deemed to include the Seventh Expansion Space. Effective as of the Eighth Expansion Effective Date (as hereinafter defined), the Premises as defined in the Lease (and as amended by this Amendment), is increased by 12,404 rentable square feet on the 2nd floor by the addition of the Eighth Expansion Space, and from and after the Eighth Expansion Effective Date, the Premises, as defined in the Lease (and as amended by this Amendment), shall be deemed to include the Eighth Expansion Space. The Term for the May 2003 Seventh Expansion Space shall commence on the May 2003 Seventh Expansion Effective Date and end on the Termination Expiration Date (i.e., April 30, 2008). The Term for the Eighth Expansion Space shall commence on the Eighth Expansion Effective Date and end on the Expiration Date. The May 2003 Seventh Expansion Space is and Eighth Expansion Space are subject to all the terms and conditions of the Lease except as expressly modified herein and except that Tenant shall not be entitled to receive any allowances, abatements or other financial concessions granted with respect to the Existing Original Premises unless such concessions are expressly provided for herein with respect to the May 2003 Seventh Expansion Space and the Eighth Expansion Space. The May 2003 Expansion Effective Date shall be delayed to , as the extent that Landlord fails to deliver possession of the May 2003 Expansion Space for any reason (other than Tenant Delays), including but not limited to, holding over by prior occupants. Any such delay in the May 2003 Expansion Effective Date shall not subject Landlord to any liability for any loss or damage resulting therefrom. If the May 2003 Expansion Effective Date is delayed, the Termination Date under the Lease shall not be similarly extendedcase may be.

Expansion and Effective Date. A. Effective as of May April 1, 2003 (the “May 2003 "First Additional Expansion Effective Date”"), the Premises, as defined in the Lease, is increased from 56,724 rentable square feet on the 1st and 2nd floors of the Building to 88,479 rentable square feet on the 1st and 2nd floors of the Building and the 3rd floor of Building 3 by the addition of the May 2003 First Additional Expansion SpaceSpace (and Tenant's Pro Rata Share is likewise increased), and from and after the May 2003 Expansion Effective Date, the Existing Premises and the May 2003 First Additional Expansion Space, collectively, shall be deemed the Premises, as defined in the Lease. The Term for the May 2003 First Additional Expansion Space shall commence on the May 2003 First Additional Expansion Effective Date and end on the last day of the Term, which, unless sooner terminated in accordance with the Lease, shall mean May 31, 2014 (such date, for purposes of this Amendment and the Lease, is referred to as the "Termination Date"). The May 2003 First Additional Expansion Space is subject to all the terms and conditions of the Lease except as expressly modified herein and except that Tenant shall not be entitled to receive any allowances, abatements or other financial concessions granted with respect to the Existing Original Premises unless such concessions are expressly provided for herein with respect to the May 2003 First Additional Expansion Space. The May 2003 First Additional Expansion Effective Date shall be delayed to the extent that Landlord fails for any reason to deliver possession of the May 2003 First Additional Expansion Space on or before April 1, 2003, for any reason (other than Tenant Delays)reason, including but not limited to, holding over by prior occupantsUnavoidable Delay. Any such delay in the May 2003 First Additional Expansion Effective Date shall not subject Landlord to any liability for any loss or damage resulting therefrom. If the May 2003 First Additional Expansion Effective Date is delayed, the Termination Date under the Lease shall not be similarly extended.

Expansion and Effective Date. Effective as of May December 1, 2003 2005 (the “May 2003 Expansion Effective Date”), the Premises, as defined in the Lease, is increased from 56,724 approximately 43,450 rentable square feet on the 1st and 2nd floors of the Building to 88,479 rentable square feet on the 1st and 2nd floors approximately 53,280 of the Building and the 3rd floor of Building 3 by the addition of the May 2003 Expansion Space, and from and after the May 2003 Expansion Effective Date, the Existing Original Premises and the May 2003 Expansion Space, collectively, shall be deemed the Premises, as defined in the LeaseLease and as used herein. The Term for the May 2003 Expansion Space shall commence on the May 2003 Expansion Effective Date and end on the Extended Termination DateDate (as defined in the First Amendment). The May 2003 Expansion Space is subject to all the terms and conditions of the Lease except as expressly modified herein and except that Tenant shall not be entitled to receive any allowances, abatements or other financial concessions granted with respect to the Existing Original Premises unless such concessions are expressly provided for herein with respect to the May 2003 Expansion Space. The May 2003 Expansion Effective Date shall be delayed to the extent that Landlord fails to deliver possession of the May 2003 Expansion Space for any reason (other than Tenant Delays)reason, including but not limited to, holding over by prior occupants. Any such delay in the May 2003 Expansion Effective Date shall not subject Landlord to any liability for any loss or damage resulting therefrom. If the May 2003 Expansion Effective Date is delayed, the Extended Termination Date under the Lease shall not be similarly extended. Landlord shall use commercially reasonable efforts to notify Tenant of (a) the date that Prior Tenant is expected to vacate the Expansion Space, and (b) the date that Prior Tenant actually vacates the Expansion Space.

Expansion and Effective Date. A. Effective as of May April 1, 2003 (the “May 2003 First Additional Expansion Effective Date”), the Premises, as defined in the Lease, is increased from 56,724 rentable square feet on the 1st and 2nd floors of the Building to 88,479 rentable square feet on the 1st and 2nd floors of the Building and the 3rd floor of Building 3 by the addition of the May 2003 First Additional Expansion SpaceSpace (and Tenant’s Pro Rata Share is likewise increased), and from and after the May 2003 First Additional Expansion Effective Date, the Existing Original Premises and the May 2003 First Additional Expansion Space, collectively, shall be deemed the Premises, as defined in the Lease. The Term for the May 2003 First Additional Expansion Space shall commence on the May 2003 First Additional Expansion Effective Date and end on the last day of the Term, which, unless sooner terminated in accordance with the Lease, shall mean May 31, 2014 (such date, for purposes of this Amendment and the Lease, is referred to as the “Termination Date”). The May 2003 First Additional Expansion Space is subject to all the terms and conditions of the Lease except as expressly modified herein and except that Tenant shall not be entitled to receive any allowances, abatements or other financial concessions granted with respect to the Existing Original Premises unless such concessions are expressly provided for herein with respect to the May 2003 First Additional Expansion Space. The May 2003 First Additional Expansion Effective Date shall be delayed to the extent that Landlord fails for any reason to deliver possession of the May 2003 First Additional Expansion Space on or before April 1, 2003, for any reason (other than Tenant Delays)reason, including but not limited to, holding over by prior occupantsUnavoidable Delay. Any such delay in the May 2003 First Additional Expansion Effective Date shall not subject Landlord to any liability for any loss or damage resulting therefrom. If the May 2003 First Additional Expansion Effective Date is delayed, the Termination Date under the Lease shall not be similarly extended.

Expansion and Effective Date. Effective as of May the later to occur of (a) six (6) months after Landlord tenders possession of the Expansion Space to Tenant, or (b) December 1, 2003 2018 (the “May 2003 Expansion Effective Date”), the Premises, as defined in the Lease, is increased from 56,724 45,000 rentable square feet on the 1st and 2nd floors of the Building to 88,479 67,500 rentable square feet on the 1st and 2nd floors of the Building and the 3rd floor of Building 3 by the addition of the May 2003 Expansion Space, and from and after the May 2003 Expansion Effective Date, (i) the Existing Original Premises and the May 2003 Expansion Space, collectively, shall be deemed the Premises, as defined in the Lease and (ii) the 3990 Building and the 2540 Building, collectively, shall be deemed the Building, as defined in the Lease. The Term for the May 2003 Expansion Space shall commence on the May 2003 Expansion Effective Date and end on the Extended Termination DateDate (hereinafter defined). The May 2003 Expansion Space is subject to all the terms and conditions of the Lease except as expressly modified herein and except that Tenant shall not be entitled to receive any allowances, abatements or other financial concessions granted with respect to the Existing Original Premises unless such concessions are expressly provided for herein with respect to the May 2003 Expansion Space. References in the Lease regarding “date of the Lease” as they relate to the Premises shall mean the date of this Amendment solely with respect to the Expansion Space. The May 2003 schedules of the Monthly Installments of Rent set forth in III.A and III.B below have been prepared based on a presumed Expansion Effective Date shall be delayed to the extent that Landlord fails to deliver possession of the May 2003 Expansion Space for any reason (other than Tenant Delays)December 1, including but not limited to, holding over by prior occupants. Any such delay in the May 2003 Expansion Effective Date shall not subject Landlord to any liability for any loss or damage resulting therefrom2018. If the May 2003 actual Expansion Effective Date is delayedlater than December 1, 2018, the Termination parties shall memorialize the actual Expansion Effective Date under and corresponding modifications to the schedules set forth below in a further amendment to the Lease shall not be similarly extendedin a form reasonably acceptable to the parties within 10 days after either party’s request.