Common use of Expansion Premises Clause in Contracts

Expansion Premises. (a) In addition to and together with the Premises, from and after the Expansion Premises Rent Commencement Date (as defined in Paragraph 4 below), Landlord leases to Tenant and Tenant leases from Landlord that certain Expansion Premises (herein so called) located, in part, in the building comprising “Block B” (the “Expansion Premises Building”) and, in part, in the Building, and consisting of approximately ninety-one thousand seven hundred forty- eight (91,748) rentable square feet (with 37,717 square feet located on the 1st floor and 51,856 square feet located on the 2nd floor of the Expansion Premises Building and 2,175 square feet located on the 1st floor of the Building adjacent to the Premises). The Expansion Premises is identified as the “Expansion Premises” on the Site Plan attached hereto as Exhibit “A-1”. From and after the Expansion Premises Rent Commencement Date, references in the Lease to the “Premises” shall be deemed to include the “Expansion Premises” and Tenant's use, lease and occupancy of the Expansion Premises shall be subject to all of the terms, covenants and provisions of the Lease, except as expressly set forth in this Amendment. (b) Landlord consents to entry by Tenant in the Expansion Premises from and after the date Landlord tenders possession of the Expansion Premises to Tenant as described in Paragraph 8 below (the “Expansion Premises Delivery Date”) for the purposes of readying the Expansion Premises for Tenant’s business operations and completing the Expansion Premises Work (as defined below). Tenant acknowledges that the (i) indemnification and waiver provisions of Article 10 of the Lease, (ii) the waiver of subrogation provisions of Section 10.5 of the Lease, and the insurance provisions of Article 10 of the Lease, apply to Tenant’s early entry in the Expansion Premises. 3.

Expansion Premises. (a) In addition Contingent upon the execution of the Termination Agreement, Sublandlord shall sublease to Subtenant and together with Subtenant shall sublease from Sublandlord the Expansion Premises, from upon and after subject to the terms, covenants and conditions set forth in the Sublease and this Amendment, effective as of the later of September 1, 2009 or the date that Subtenant takes possession of the Expansion Premises Rent Commencement Date (as defined in Paragraph 4 below), Landlord leases to Tenant and Tenant leases from Landlord that certain Expansion Premises (herein so called) located, in part, in the building comprising “Block B” (the “Expansion Premises BuildingEffective Date”) and, in part, in ). The parties stipulate that the Building, and consisting of approximately ninety-one thousand seven hundred forty- eight (91,748) rentable square feet (with 37,717 square feet located on the 1st floor and 51,856 square feet located on the 2nd floor footage of the Expansion Premises Building and 2,175 square feet located on the 1st floor of the Building adjacent as set forth in Recital B above shall not be subject to the Premises). The Expansion Premises is identified as the “Expansion Premises” on the Site Plan attached hereto as Exhibit “A-1”remeasurement. From and after the Expansion Premises Rent Commencement Effective Date, (a) ) except for use in calculating Subtenant’s Share, all references in the Lease Sublease to the “Sublease Premises” shall be deemed to include the “Expansion Premises” ; (b) Subtenant’s Share shall mean 17.82% as to the original Sublease Premises (i.e.17,390 square feet) and Tenant's use, lease and occupancy of 5.6% as to the Expansion Premises, such Expansion Premises shall to be subject to all a different Base Year in calculating Subtenant’s Share of Operating Expenses and Taxes, per Section 4 hereof; (c) the number of parking spaces Subtenant is entitled to use in the Parking Facility of the terms, covenants and provisions Building in accordance with Section 8 of the Lease, except as expressly set forth in this Amendment. Sublease shall he increased from fifty-five (b55) Landlord consents to entry by Tenant in seventy-two (72); (d) Sublandlord shall provide Building standard signage at the Expansion Premises from and after the date Landlord tenders possession of the Expansion Premises entrance to Tenant as described in Paragraph 8 below (the “Expansion Premises Delivery Date”) for the purposes of readying the Expansion Premises for TenantSubtenant’s business operations name in accordance with Section 7 of the Sublease and completing (e) in addition to all Rent provided for in the Sublease, Subtenant shall pay Rent upon the Expansion Premises Work (as defined below). Tenant acknowledges that in accordance with the (i) indemnification terms and waiver provisions of Article 10 of the Lease, (ii) the waiver of subrogation provisions of Section 10.5 of the Lease, and the insurance provisions of Article 10 of the Lease, apply to Tenant’s early entry conditions provided in the Sublease, including Base Rental for the Expansion Premises. 3Premises calculated at the rates set forth below, such Rent to be paid together with the Rent otherwise due under the Sublease.