Common use of Expansion Space Clause in Contracts

Expansion Space. That certain space located on the second --------------- (2nd) floor of the Building consisting of 1,662 rentable square feet, as outlined on the floor plan attached hereto as Exhibit "A" and made a part hereof, may be referred to herein as the "Expansion Space," Effective as of the date ("Expansion Commencement Date") which is the earlier to occur of (a) the date Tenant commences business operations in the Expansion Space, or (b) the date of "Substantial Completion" of the "Tenant Improvements" (as those terms are defined in the Tenant Work Letter attached hereto as Exhibit "B") in the Expansion Space, Tenant shall lease from Landlord the Expansion Space. Accordingly, effective upon the Expansion Commencement Date, the Existing Premises shall for all purposes relating to the Lease include the Expansion Space, Landlord and Tenant hereby agree that such addition of the Expansion Space to the Existing Premises shall, effective as of the Expansion Commencement Date, increase the number of rentable square feet leased by Tenant in the Building to a total of 4,084 rentable square feet. The Expansion Commencement Date is anticipated to be July 1, 2002. If Landlord does not deliver possession of the Expansion Space to Tenant on or before the anticipated Expansion Commencement Date, Landlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this First Amendment nor the obligations of Tenant under the Lease as modified by this First Amendment. Effective as of the Expansion Commencement Date, all references to the "Premises" shall mean and refer to the Existing Premises as expanded by the Expansion Space.

Expansion Space. That It is understood that Lessor has procured certain space located on the second --------------- (2nd) floor of the Building consisting of 1,662 rentable square feetpermits and approvals which are necessary to construct the Expansion Space (as such term is defined in that certain Letter Agreement dated September 2, 2008 (the “Letter Agreement”) and add same to the Building, as outlined set forth on Schedule A attached to the floor plan attached hereto Letter Agreement (collectively, “Existing Expansion Space Approvals”). Upon Lessee’s request, Lessor shall provide Lessee with copies of all applications, permits and/or approvals delivered to or received from any governmental and/or quasi-governmental entities in connection therewith. Upon delivery by Lessee of the Option Notice (as Exhibit "A" and made a part hereofsuch term is defined in the Letter Agreement), may be referred to herein Lessor or Lessee, as the "case may be, shall obtain all remaining approvals pertaining to the Expansion Space," Effective Space (“Remaining Expansion Space Approvals”; Remaining Expansion Space Approvals and Existing Expansion Space Approvals, collectively, “Expansion Space Approvals”). Lessor agrees that it shall not materially alter or modify the Plans (as of such term is defined in the date ("Expansion Commencement Date"Letter Agreement) without Lessee’s prior consent, which is consent shall not be unreasonably withheld, conditioned or delayed; however, Lessor shall have the earlier right to occur of (a) the date Tenant commences business operations in make any non-material alterations or modifications without Lessee’s prior consent thereto, but however, upon notice to Lessee. If Lessor agrees to construct the Expansion Space, or (b) Lessor and Lessee shall negotiate the date new terms and conditions of "Substantial Completion" this Lease which shall be mutually acceptable to both parties for the remainder of the "Tenant Improvements" Term (“Revised Lease Terms”). If Lessor and Lessee are unable to agree upon mutually acceptable terms and conditions as those terms are defined in the Tenant Work Letter attached hereto as Exhibit "B") in aforesaid, Lessee shall be responsible for all costs and expenses to construct the Expansion Space, Tenant including any and all costs associated with the construction of the Expansion Space from and after the date upon which the Lessee gives the Option Notice, upon the terms and conditions contained herein (“Lessee Revised Lease Terms”). Upon the substantial completion of the Expansion Space and the issuance of a final certificate of occupancy with respect thereto (“Expansion Space Commencement Date”), the Expansion Space shall be deemed a part of the Premises and shall become the property of Lessor (and remain the property of Lessor at the expiration of the Term), upon all of the terms, covenants, conditions, provisions and agreements contained in this Lease, except as otherwise expressly modified herein. In the event all necessary Expansion Space Approvals are not obtained within one hundred eighty (180) days after Lessor’s receipt of the Option Notice, then, Lessee shall have the right to withdraw the Option Notice after the expiration of the aforesaid one hundred eighty (180) day period, in which event this Article 52 shall be deemed null and void, and of no further force and effect. Supplementing the foregoing, but not in limitation thereof, Lessee shall have the right to withdraw its Option Notice, upon written notice to Lessor, at any time prior to the commencement of construction of the Expansion Space for any reason or no reason whatsoever, notwithstanding that Lessee gave the Option Notice, in which event this Article 52 shall be deemed null and void, and of no further force and effect. If Lessee shall withdraw its Option Notice pursuant to the foregoing sentence, Lessee shall be obligated to reimburse Lessor for any and all actual out-of-pocket costs and expenses (including reasonable attorneys’ fees and costs) incurred solely in connection with Lessor’s reliance on the Option Notice. Once Lessee or its representatives or contractors have commenced construction of the Expansion Space, Lessee shall complete the construction of the Expansion Space and such failure to do so shall constitute a default under this Lease. Lessee agrees that it shall not materially alter or modify the Plans without Lessor’s prior consent, which consent shall not be unreasonably withheld, conditioned or delayed; however, Lessee shall have the right to make any non-material alterations or modifications thereto without Lessor’s prior consent, but, however, upon notice to Lessor, and if Lessee so alters or modifies such Plans, the party who is responsible for the construction of the Expansion Space shall thereafter obtain any necessary Expansion Space Approvals and/or modifications to the Existing Expansion Space Approvals required as a direct result of such alterations or modifications of the Plans. If Lessee is responsible for the construction of the Expansion Space, Lessor agrees, at Lessee’s sole cost and expense, to assist Lessee in the procurement of any Expansion Space Approvals or modifications thereof, and to execute any documents which are required by any governmental or quasi-governmental agency, authority, board, body, commission, department or official in connection therewith. In the event the Expansion Space Approvals are obtained within the aforesaid one hundred eighty (180) day period and the Expansion Space is constructed by Lessor or Lessee, as the case may be, then, Lessee shall lease the Premises from Landlord Lessor pursuant to either the Revised Lease Terms or the Lessee Revised Lease Terms, respectively, as the case may be. The Expansion Space shall: (a) be aesthetically consistent with the architectural design of the Building; (b) be constructed with the same basic materials; (c) be of the same basic level of quality and be consistent with those of the Building; and (d) include one (1) elevator and access points from each floor. Upon construction of the Expansion Space by either Lessor or Lessee, the parties agree that Lessor shall perform all of the obligations set forth in the Lease to be performed by Lessor with respect to the Premises, including, but not limited to, the performance of all work in connection with the operation, maintenance, replacement and repair of the Expansion Space, but excluding: (i) any obligations under the Workletter (as defined hereafter); and (ii) Lessor’s Work unless otherwise agreed to. Notwithstanding anything contained to the contrary herein or in the Lease, if Lessee constructs the Expansion Space, Lessee shall pay (or reimburse) Lessor for any and all actual out-of-pocket costs and expenses incurred by Lessor therefor, including, but not limited to, items which constitute additional rent, Operating Costs and Real Estate Taxes (whether such maintenance, replacement or repair is capital or latent in nature) during the Term. Lessee shall not, however, be responsible for the payment of any Fixed Basic Rent in connection with the Expansion Space. AccordinglySection B, effective upon Paragraph 6 of the Expansion Commencement Date, the Existing Premises shall for all purposes relating Workletter attached as Exhibit C to the Lease include (the Expansion Space, Landlord and Tenant hereby agree that such addition of the Expansion Space to the Existing Premises shall, effective as of the Expansion Commencement Date, increase the number of rentable square feet leased by Tenant in the Building to a total of 4,084 rentable square feet. The Expansion Commencement Date is anticipated to be July 1, 2002. If Landlord does not deliver possession of the Expansion Space to Tenant on or before the anticipated Expansion Commencement Date, Landlord “Workletter”) regarding Lessor’s Construction Allowance shall not be subject apply to any liability for its failure to do so, and such failure shall not affect the validity of this First Amendment nor the obligations of Tenant under the Lease as modified by this First Amendment. Effective as of the Expansion Commencement Date, all references to the "Premises" shall mean and refer to the Existing Premises as expanded by the Expansion Space.”

Expansion Space. That certain space located on Landlord and Tenant hereby confirm, stipulate and agree that the second --------------- (2nd) floor of the Building consisting of 1,662 rentable square feet, as outlined on the floor plan attached hereto as Exhibit "A" and made a part hereof, may Existing Premises shall be referred to herein as the "Expansion Space," Effective expanded as of the term commencement date to include an additional 2,090 rentable square feet of office space (the “Fifth Floor Expansion Space”) as described in red outline on Exhibit “A” attached hereto. The term commencement date ("“TCD”) and date of rent commencement with respect to the Fifth Floor Expansion Commencement Date") which is Space shall be the earlier to occur earliest of (ai) the date of Substantial Completion of the Tenant Improvements, (ii) the date of Substantial Completion of the Tenant Improvements but for Tenant Delays, (iii) the date that Tenant, or any person occupying any of the Premises with Tenant’s permission, commences business operations from the Premises, or (iv) February 15, 2013. Landlord shall diligently pursue completion of construction of the Tenant Improvements and use its commercially reasonable efforts to deliver possession of the Premises to Tenant with the Tenant Improvements Substantially Completed on or before the date that is sixty (60) days following the date Final Plans are set for the Tenant Improvements (“Estimated Commencement Date”). For purposes of this Fifth Amendment, the term “Tenant Delay” as used in Exhibit “B” of the Lease is replaced with the following: “The term “Tenant Delay” shall include, without limitation, any delay in the completion of construction of Tenant Improvements resulting from (i) any delay caused by Tenant’s failure to comply with the provisions of the Work Letter, (ii) delay in work caused by submission by Tenant of any Tenant Change Orders, which in the aggregate result in the delay in the construction of the Tenant Improvements for more than thirty (30) days, (iii) any delay caused by commencement of business operations in the Expansion SpaceLeased Premises before the TCD, or (biv) the date of "Substantial Completion" of the "any delay by Tenant Improvements" (as those terms are defined in the Tenant Work Letter attached hereto as Exhibit "B") in the Expansion Space, Tenant shall lease from Landlord the Expansion Space. Accordingly, effective upon the Expansion Commencement Date, the Existing Premises shall for all purposes relating timely submitting comments or approvals to the Lease include the Expansion Space, Landlord and Tenant hereby agree that such addition of the Expansion Space to the Existing Premises shall, effective as of the Expansion Commencement Date, increase the number of rentable square feet leased Temporary Plans or Final Plans or any delay caused by Tenant in the initial delivery of the Temporary Plans to Landlord within fourteen (14) calendar days of the execution of the Fifth Amendment.” Unless sooner terminated as provided herein or in the Lease, the term for the Fifth Floor Expansion Space will end on the day immediately preceding the eighty-sixth (86th) month anniversary of the TCD. Annual Rental for the Fifth Floor Expansion Space payable by Tenant under the Lease shall be as follows: Months 1 to 2, inclusive: Monthly Installment: $0.00 ($ 0.00 /square foot of rentable area/annum) Months 3 to 62, inclusive: Monthly Installment: $2,525.42 ($ 14.50 /square foot of rentable area/annum) Months 63 to 86, inclusive: Monthly Installment: $2,612.50 ($ 15.00 /square foot of rentable area/annum) With such Fifth Floor Expansion Space, the total rentable square feet of the Leased Premises is 175,667 rentable square feet and the total rentable area of the Building to a total of 4,084 is 521,802 rentable square feet. The Expansion Commencement Date In the event the parties execute the form of Fourth Amendment to Lease previously agreed to, the parties agree to modify that form prior to execution thereof in order to accurately reflect (after giving effect to this Fifth Amendment) the total rentable square feet of the Leased Premises, total parking spaces, and Tenant’s Share of Operating Expenses. Notwithstanding anything to the contrary, the first two monthly installments of Annual Rental (the payment of which would otherwise commence on the TCD) is anticipated waived. Notwithstanding anything to be July 1the contrary, 2002. If Landlord in the event the TCD is delayed or otherwise does not deliver possession of occur by the Expansion Space to Tenant on or before the anticipated Expansion Estimated Commencement Date, and to the extent such delay was caused by other than a Tenant Delay, then Tenant shall be entitled to receive from Landlord shall a rent credit equal to one (1) day of free Annual Rent for every one (1) day that the Tenant Improvements are not be subject to any liability for its failure to do so, and such failure shall not affect Substantially Completed following the validity of this First Amendment nor the obligations of Tenant under the Lease as modified by this First Amendment. Effective as of the Expansion Estimated Commencement Date, all references to the "Premises" shall mean and refer to the Existing Premises as expanded by the Expansion Space.

Expansion Space. That certain Effective as of August 1, 2001, Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, for the term and upon the terms, conditions, covenants and agreements herein provided, the balance of the space located on the second --------------- seventh (2nd7th) floor of the Building consisting Building, which space consists of 1,662 approximately 6,087 square feet of rentable area (such space being hereinafter referred to as the "Expansion Premises"). The said approximation of square feet, as footage shall in no way affect the fixed rental hereunder should any variance be found to exist between said approximation and actual square footage. The Expansion Premises are also outlined in red on the floor plan second page of Exhibit A attached hereto as Exhibit "A" and made a part hereof, may be referred . If Tenant desires to herein as expand the "Expansion Space," Effective as of the date ("Expansion Commencement Date") which is the earlier Premises to occur of (a) the date Tenant commences business operations in include the Expansion SpacePremises on August 1, or (b) the date of "Substantial Completion" of the "Tenant Improvements" (as those terms are defined in the Tenant Work Letter attached hereto as Exhibit "B") in the Expansion Space2000, Tenant shall give written notice to Landlord no later than December 31, 1999, and the effective date of the lease from Landlord the Expansion Space. Accordingly, effective upon the Expansion Commencement Date, the Existing Premises shall for all purposes relating to the Lease include the Expansion Space, Landlord and Tenant hereby agree that such addition of the Expansion Space to the Existing Premises shall, effective as of the Expansion Commencement Date, increase the number of rentable square feet leased by Tenant in the Building to a total of 4,084 rentable square feet. The Expansion Commencement Date is anticipated to shall be July August 1, 20022000. If Landlord does not deliver obtains possession of the Expansion Space on or before February 1, 2001, Landlord may require Tenant to lease the Expansion Space effective as of February 1, 2001, by giving Tenant no less than ten (10) months' prior written notice that the Expansion Space will be delivered to Tenant on February 1, 2001. The effective date of the commencement of the lease of the Expansion Premises, i.e., August 1, 2000, August 1, 2001, or before February 1, 2001, is 3 hereinafter referred to as the anticipated "Expansion Premises Commencement Date". From and after the Expansion Premises Commencement Date, Landlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this First Amendment nor the obligations of Tenant under the Lease as modified by this First Amendment. Effective as of the Expansion Commencement Date, all references to the term "Premises" shall mean and refer to 16,029 square feet of rentable area comprising both the Existing original Premises as expanded by and the Expansion SpacePremises unless the context indicates otherwise.

Expansion Space. That certain space located on the second --------------- (2nd) floor of the Building consisting of 1,662 rentable square feet, known as Suite 205 as outlined on the floor plan attached hereto as Exhibit "“A" and made a part hereof, may ” shall be referred to herein as the "“Expansion Space," Effective .” Landlord and Tenant hereby stipulate that the Expansion Space contains 5,507 rentable square feet. Tenant shall commence to pay charges pursuant to the Lease, as hereby amended, effective as of the date ("Expansion Commencement Date") which is the earlier to occur of (a) the date Tenant commences business operations in the Expansion Space, or (b) the date of "“Substantial Completion" ” of the "“Tenant Improvements" ” (as those terms are defined in the Tenant Work Letter attached hereto as Exhibit "“B"”) in the Expansion Space, Tenant shall lease from Landlord the Expansion Space. Accordingly, effective upon the Space (“Expansion Commencement Date, the Existing Premises shall for all purposes relating to the Lease include the Expansion Space, Landlord and Tenant hereby agree that such ”). The addition of the Expansion Space to the Existing Premises shall, effective as of the Expansion Commencement Date, increase the number of rentable square feet leased by Tenant in the Building to a total of 4,084 17,871 rentable square feet. The Expansion Commencement Date is anticipated to be July June 1, 20022010. If Landlord does not deliver possession of the Expansion Space to Tenant on or before the anticipated Expansion Commencement Date, Landlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this First Amendment nor the obligations of Tenant under the Lease as modified by this First Amendment. Effective as of the Expansion Commencement Date, all references to the "Premises" “Premises It shall mean and refer to the Existing Premises as expanded by the Expansion Space.

Expansion Space. That certain space located on the second --------------- third (2nd3rd) floor of the 26632 Building consisting of 1,662 rentable square feetknown as Suite 305, as outlined on the floor plan attached hereto as Exhibit "EXHIBIT A" and made a part hereof, may shall be referred to herein as the "“Expansion Space," Effective as of the date ("Expansion Commencement Date") which is the earlier to occur of (a) the date Tenant commences business operations in the Expansion Space, or (b) the date of "Substantial Completion" of the "Tenant Improvements" (as those terms are defined in the Tenant Work Letter attached hereto as Exhibit "B") in the Expansion Space, Tenant shall lease from Landlord the Expansion Space. Accordingly, effective upon the Expansion Commencement Date, the Existing Premises shall for all purposes relating to the Lease include the Expansion Space, .” Landlord and Tenant hereby agree stipulate that the Expansion Space contains 3,547 rentable square feet. Tenant shall commence to pay charges for the Expansion Space pursuant to the Lease, as hereby amended, effective as of November 1, 2014 (“Expansion Commencement Date”); provided, however, that Landlord shall provide Tenant with access to the Expansion Space upon full execution and delivery of this Fifth Amendment by Landlord and Tenant for the purposes of installing Tenant’s furniture, fixtures, and equipment and Tenant’s telephone, network, and data cabling, and Tenant shall have no obligation to pay Basic Rental with respect to the Expansion Space during the period of such access, provided that (i) Tenant’s access shall not interfere with Landlord’s completion of the Improvement Work, (ii) Tenant shall provide a certificate of insurance in accordance with Section 14 of the Original Lease for the Expansion Space prior to such entry, and (iii) the terms and conditions of Section 13(a) of the Original Lease shall apply to such access by Tenant. The addition of [***] – Confidential portions of this document have been redacted and filed separately with the Commission. the Expansion Space to the Existing Premises shall, effective as of the Expansion Commencement Date, increase the number of rentable square feet leased by Tenant in the Building Development to a total of 4,084 131,267 rentable square feet. The Expansion Commencement Date is anticipated to be July 1, 2002. If Landlord does not deliver possession of the Expansion Space to Tenant on or before the anticipated Expansion Commencement Date, Landlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this First Amendment nor the obligations of Tenant under the Lease as modified by this First Amendment. Effective as of the Expansion Commencement Date, all references to the "“Premises" ” shall mean and refer to the Existing Premises as expanded by the Expansion Space.

Expansion Space. That certain space located on the second --------------- (2nd) floor of the Building consisting of 1,662 rentable square feet, as outlined on the floor plan attached hereto as Exhibit "A" and made a part hereof, may be referred to herein as the "Expansion Space," Effective as of the date ("Expansion Commencement Date") which is the earlier to occur of (a) the date Landlord shall deliver to Tenant commences business operations in the Expansion Spaceexclusive, or (b) the date of "Substantial Completion" of the "Tenant Improvements" (as those terms are defined in the Tenant Work Letter attached hereto as Exhibit "B") in the Expansion Space, Tenant shall lease from Landlord the Expansion Space. Accordingly, effective upon the Expansion Commencement Date, the Existing Premises shall for all purposes relating to the Lease include the Expansion Space, Landlord and Tenant hereby agree that such addition vacant possession of the Expansion Space structurally sound, cleaned and, except for the Landlord FF&E (as defined below), free of debris, furniture, and equipment (unless otherwise agreed to by Tenant), with all fire protection, sprinkler, fire alarm water, sewer, restrooms, mechanical, electrical, plumbing, elevator and elevator systems and controls, and HVAC for the Building (excluding any supplemental AC units dedicated for a specific area in the Building) in good operating condition, with the roof water-tight, with all existing interior or exterior tenant signage removed and all damage caused by the installation and/or removal repaired and with all decommission obligations set forth in Section 2(b) below completed, on February 1, 2024 (the “Required Delivery Date”); provided, that, (i) in the event any of the foregoing is not in good operating condition as of the Required Delivery Date (each, a “Defect”), unless Landlord has scheduled to correct such Defect within thirty (30) days as of the Required Delivery Date, during the first six (6) months after the Expansion Space Commencement Date (as defined below), Tenant shall promptly notify Landlord in writing of such Defect after Tenant becomes aware of such Defect, with documentation reasonably demonstrating such Defect exists as of the Required Delivery Date and was not caused or exacerbated by Tenant in connection with its Expansion Space Tenant Improvements or otherwise, and (ii) in no event shall Landlord be responsible for any Defects caused or exacerbated by Tenant in connection with its Expansion Space Tenant Improvements or otherwise. In addition to the Existing Premises shallPremises, effective as of the Expansion Commencement Date, increase later of (i) the number of rentable square feet leased by Tenant in the Building to a total of 4,084 rentable square feet. The Expansion Commencement Date is anticipated to be July 1, 2002. If date Landlord does not deliver delivers possession of the Expansion Space to Tenant in the required condition, and (ii) February 1, 2024 (such later date, the “Expansion Space Commencement Date”), and continuing for the duration of the Lease Term, Landlord shall lease to Tenant, and Tenant shall lease from Landlord, the Expansion Space upon all of the terms of the Lease (as amended hereby). Effective on or before the anticipated Expansion Space Commencement Date, Landlord shall not be subject to any liability for its failure to do sounless the context clearly indicates otherwise, and such failure shall not affect the validity of this First Amendment nor the obligations of Tenant under the Lease as modified by this First Amendment. Effective as of the Expansion Commencement Date, (i) all references to the "“Premises" ” contained in the Lease shall mean and refer to the Existing Premises entirety of the space in the Expanded Premises, which is approximately 120,200 rentable square feet, (ii) all references to the “Buildings” and “Property” contained in the Lease shall mean and refer to all three (3) buildings of the Expanded Buildings, (iii) all references to the “Building” contained in the Lease shall include, as expanded by applicable, the 5303 Building, and (iv) all references to the “Rent” contained in the Lease shall include without limitation the Base Rent and Additional Rent for the Expansion Space. Landlord and Tenant hereby acknowledge and agree that the stated amounts of the rentable square footages of the Expanded Premises are not representations or warranties of the exact number of rentable square feet therein but rather are only reasonable approximations that shall be conclusive and binding as between the parties. Once the Expansion Space Commencement Date is fixed, within ten (10) days following request by Landlord, Tenant shall execute and deliver to Landlord a certificate substantially in the form of Exhibit D to the Lease. Tenant shall have early access to the Expansion Space prior to the Expansion Space Commencement Date for the purpose of space planning and programming, which access shall be subject to the rights of any existing tenants or subtenants in the Expansion Space (including any requirements for notice and compliance with reasonable security and access protocols), and, if all existing tenants or subtenants have vacated the Expansion Space prior to the Expansion Space Commencement Date, such early access shall include the right to perform the Expansion Space Tenant Improvements. Any such early access shall be subject to all of the terms and conditions of the Lease except for the obligations to pay rent. Notwithstanding the foregoing, Landlord shall not be required to remove any Landlord-owned furniture and equipment that may be located in the Expansion Space (the “Landlord FF&E”) and such Landlord FF&E shall be deemed to be conveyed to Tenant as of the Expansion Space Commencement Date in its then “AS- IS” condition.