Common use of Expansion Space Clause in Contracts

Expansion Space. Tenant hereby agrees to lease from Landlord and Landlord hereby agrees to lease to Tenant, Suite 900, which is the entire ninth (9th) floor of the Building (the "Expansion Space") on the terms and conditions hereinafter set forth. The "Rentable Area in the Expansion Space" shall mean the area contained within the demising walls of the Expansion Space and any other area designated for the exclusive use of Tenant plus an allocation of Tenant's pro rata share of the square footage of the Common Areas and the Service Areas. The Rentable Area in the Expansion Space consists of approximately 20,456 square feet of rentable area (18,822 usable square feet) as measured in accordance with standards observed by the Building Owners and Managers Association, including ANSI-Z65.1-1996, as interpreted by Xxxxxxxxx Systems (the "BOMA Standard"), and is depicted on Exhibit "A" attached hereto. Exhibit "A" attached hereto showing the Expansion Space is hereby incorporated into and made a part of the Lease as amended hereby, supplementing the description of the Premises set forth therein. Tenant's use and occupancy of the Expansion Space shall be in accordance with all of the terms and conditions of the Lease as amended hereby. Upon completion of the tenant improvements for the Expansion Space, Landlord's architect shall provide to Tenant "as-built" CAD drawings for the Expansion Space and Tenant shall be entitled to independently verify the rentable and usable areas of the Expansion Space using the BOMA Standard; provided, however, that the Rentable Area in the Expansion Space and the usable square footage thereof shall not be modified unless Landlord and Tenant both agree to either increase or decrease the square footage of the Expansion Space. If the parties are unable to agree upon said increase or decrease, either party shall have the right to submit the matter to arbitration under the terms and conditions specified in Section 30 of the Lease. As of the Expansion Space Commencement Date (as hereinafter defined), all references in the Lease to the defined term "Premises" shall mean and refer to the Expansion Space and the Existing Premises (hereinafter collectively, the "New Premises"). The New Premises shall consist of approximately 60,517 rentable (55,736 usable) square feet in the aggregate.

Expansion Space. (a) Landlord and Tenant hereby agrees to lease from Landlord confirm and Landlord hereby agrees to lease to Tenant, Suite 900, which is agree that the entire ninth Demised Premises under the Lease currently consist of 19,362 rentable square feet of space located on the seventh (9th7/th/) floor of the Building (the "Seventh Floor Space"). Effective on the later to occur of (a) the date that Landlord delivers "broom clean" and vacant possession of the Expansion Space (as hereinafter defined) to Tenant or (b) July 1, 2000 (the later of such dates being the "Expansion Space Commencement Date"), approximately 12,209 rentable square feet of space on the seventh (7/th/) floor and the entire rentable area (consisting of approximately 31,571 square feet) of the sixth (6/th/) floor of the Building, as shown on the plans attached hereto as Exhibit A and made a part hereof (the "Expansion Space") shall be added to the Demised Premises for a term commencing on the terms Expansion Commencement Date and conditions hereinafter set forth. The "Rentable Area ending on the Termination Date, as extended in the Expansion Space" shall mean the area contained within the demising walls of the Expansion Space and any other area designated for the exclusive use of Tenant plus an allocation of paragraph 2 hereof (subject to Tenant's pro rata share of the square footage of the Common Areas right to extend said term as hereinafter provided in this Amendment) and the Service Areas. The Rentable Area in the Expansion Space consists of approximately 20,456 square feet of rentable area (18,822 usable square feet) as measured in accordance with standards observed by the Building Owners and Managers Association, including ANSI-Z65.1-1996, as interpreted by Xxxxxxxxx Systems (the "BOMA Standard"), and is depicted on Exhibit "A" attached hereto. Exhibit "A" attached hereto showing the Expansion Space is hereby incorporated into and made a part of the Lease as amended hereby, supplementing the description of the Premises set forth therein. Tenant's use and occupancy of the Expansion Space shall be in accordance with become subject to all of the terms and conditions of the Lease Lease. Except as amended hereby. Upon completion described below, if Landlord is unable to deliver possession of the Expansion Space due to a casualty, the holding over or retention of possession of any tenant, under tenant improvements or occupants in the Expansion Space or any other reason beyond the reasonable control of Landlord, (i) Landlord shall not be subject to any liability for the failure to give possession on said date or dates, (ii) the validity of the Lease shall not be impaired under such circumstances, and (iii) Tenant waives any right to rescind the Lease and further waives the right to recover any damages which may result from Landlord's failure to deliver possession of the Expansion Space or portion thereof to Tenant on the Expansion Space Commencement Date. In the event Landlord is unable to deliver possession of the Expansion Space on or by August 1, 2000 due to the holding over or retention of possession by any tenant or occupant, Landlord shall promptly institute and diligently pursue to completion a summary process action against such tenant or occupant, including, without limitation an action to collect any rents and holdover rents. In addition, if Landlord has reason to believe that possession of the Expansion Space will not be delivered in the condition required hereunder by July 1, 2000, Landlord shall endeavor to give Tenant not less than fourteen (14) days advance notice (which may be in writing) (i) that Landlord will not be delivering the Expansion Space on July 1, 2000, and (ii) of the date on which it expects to deliver the Expansion Space in the condition required hereunder. In the event that Landlord has not delivered the Expansion Space in the condition required hereunder by August 1, 2000 due to the holdover of any existing tenant or occupant of the Expansion Space, Landlord's architect Tenant shall provide to Tenant "as-built" CAD drawings receive a credit of $2,550.52 for each day after August 1, 2000 that Landlord does not deliver the Expansion Space and Tenant shall be entitled to independently verify the rentable and usable areas of the Expansion Space using the BOMA Standard; provided, however, that the Rentable Area in the Expansion Space and condition required hereunder (the usable square footage thereof shall not be modified unless "Rent Credit"). Landlord and represents to Tenant both agree to either increase or decrease that, in the square footage event the existing tenant of the Expansion Space, Course Technology, Inc. ("Course"), holds over in the Expansion Space, Course has agreed to pay Landlord $232,735.75 per month (the "Holdover Rent"), or one and one-half (1 1/2) times the Yearly Fixed Rent as of August 1, 2000. If Landlord and Tenant agree that the parties are unable Rent Credit shall not be due and owing by Landlord unless and until Landlord receives the Holdover Rent due and payable from Course, and Landlord has applied any amounts collected first to agree upon said increase or decreasethe Yearly Fixed Rent due and owing to Landlord of $155,157.17 (but not default interest, either party late charges and costs of collection). Subject to the foregoing, such Rent Credit shall be applied commencing on the Expansion Space Commencement Date. In addition, in the event Landlord has not delivered the Expansion Space in the condition required hereunder by December 1, 2000, Tenant shall have the right to submit terminate this Amendment by delivering written notice to Landlord on or before December 11, 2000 (but in any case prior to the matter to arbitration under the terms and conditions specified in Section 30 of the Lease. As of date that Landlord delivers the Expansion Space Commencement Date (as hereinafter definedin the condition required hereunder), all references in the Lease to the defined term "Premises" and upon such termination, this Amendment No. 3 shall mean be void and refer to the Expansion Space of no further force and the Existing Premises (hereinafter collectively, the "New Premises"). The New Premises shall consist of approximately 60,517 rentable (55,736 usable) square feet in the aggregateeffect.

Expansion Space. Tenant hereby agrees to lease from Landlord and Landlord hereby agrees to lease to Tenant, Suite 900, which is That certain space located on the entire ninth second (9th2nd) floor of the 26632 Building (currently known as Suite 200, as outlined on the "floor plan attached hereto as EXHIBIT A, shall be referred to herein, collectively, as the “Expansion Space") on the terms .” Landlord and conditions hereinafter set forth. The "Rentable Area in Tenant hereby stipulate that the Expansion Space" shall mean Space contains a total of 6,318 rentable square feet and such square footage is not subject to adjustment or re-measurement by Landlord or Tenant, even if the area contained within the demising walls actual rentable square footage of the Expansion Space and any other area designated for the exclusive use of is more or less than 6,318 rentable square feet. Tenant plus an allocation of Tenant's pro rata share of the square footage of the Common Areas and the Service Areas. The Rentable Area in shall lease the Expansion Space consists of approximately 20,456 square feet of rentable area (18,822 usable square feet) as measured in accordance with standards observed by the Building Owners and Managers Association, including ANSI-Z65.1-1996, as interpreted by Xxxxxxxxx Systems (the "BOMA Standard"), and is depicted on Exhibit "A" attached hereto. Exhibit "A" attached hereto showing the Expansion Space is hereby incorporated into and made a part of the Lease as amended hereby, supplementing the description of the Premises set forth therein. Tenant's use and occupancy of the Expansion Space shall be in accordance with all of the terms and conditions of the Lease as amended hereby. Upon completion of the tenant improvements for the Expansion Space, Landlord's architect shall provide commence to Tenant "as-built" CAD drawings pay charges for the Expansion Space and Tenant shall be entitled pursuant to independently verify the rentable and usable areas Lease, as hereby amended, effective as of the later of (i) July 1, 2014, or (ii) the completion of the Improvements (as that term is defined in Section 6 below) (“Expansion Space using the BOMA StandardCommencement Date”); provided, however, that the Rentable Area in Landlord shall provide Tenant with access to the Expansion Space upon full execution and the usable square footage thereof shall not be modified unless delivery of this Fourth Amendment by Landlord and Tenant both agree 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 either increase or decrease pay Basic Rental with respect to the square footage Expansion Space during the period of such access.; provided, however, that (i) Tenant’s access shall not interfere with Landlord’s completion of the Improvements, (ii) Tenant shall provide a certificate of insurance in accordance with Article 14 of the Original Lease for the Expansion Space. If the parties are unable Space prior to agree upon said increase or decreasesuch entry, either party shall have the right to submit the matter to arbitration under and (iii) the terms and conditions specified in of Section 30 13(a) of the LeaseOriginal Lease shall apply to such access by Tenant. As The addition of the Expansion Space to the Existing Premises shall, effective as of the Expansion Commencement Date (Date, increase the number of rentable square feet leased by Tenant in the Development to a total of 127,720 rentable square feet. Effective as hereinafter defined)of the Expansion Commencement Date, all references in the Lease to the defined term "“Premises" ” shall mean and refer to the Expansion Space and the Existing Premises (hereinafter collectively, as expanded by the "New Premises"). The New Premises shall consist of approximately 60,517 rentable (55,736 usable) square feet in the aggregateExpansion Space.

Expansion Space. (a) Landlord shall deliver to Tenant hereby agrees exclusive, 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 lease from 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 hereby agrees 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, effective as of the later of (i) the date Landlord 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, Suite 900and Tenant shall lease from Landlord, the Expansion Space upon all of the terms of the Lease (as amended hereby). Effective on the Expansion Space Commencement Date, unless the context clearly indicates otherwise, (i) all references to the “Premises” contained in the Lease shall mean and refer to the entirety of the space in the Expanded Premises, which is approximately 120,200 rentable square feet, (ii) all references to the entire ninth “Buildings” and “Property” contained in the Lease shall mean and refer to all three (9th3) floor buildings of the Building Expanded Buildings, (iii) all references to the "Expansion Space"“Building” contained in the Lease shall include, as applicable, the 5303 Building, and (iv) on all references to the terms “Rent” contained in the Lease shall include without limitation the Base Rent and conditions hereinafter set forth. The "Rentable Area in 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 mean be conclusive and binding as between the area contained within the demising walls of parties. Once the Expansion Space Commencement Date is fixed, within ten (10) days following request by Landlord, Tenant shall execute and any other area designated 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 exclusive use purpose of Tenant plus an allocation space planning and programming, which access shall be subject to the rights of Tenant's pro rata share of the square footage of the Common Areas and the Service Areas. The Rentable Area any existing tenants or subtenants in the Expansion Space consists of approximately 20,456 square feet of rentable area (18,822 usable square feet) as measured in accordance including any requirements for notice and compliance with standards observed by the Building Owners reasonable security and Managers Association, including ANSI-Z65.1-1996, as interpreted by Xxxxxxxxx Systems (the "BOMA Standard"access protocols), and is depicted on Exhibit "A" attached hereto. Exhibit "A" attached hereto showing and, if all existing tenants or subtenants have vacated the Expansion Space is hereby incorporated into and made a part of the Lease as amended hereby, supplementing the description of the Premises set forth therein. Tenant's use and occupancy of 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 in accordance with subject to all of the terms and conditions of the Lease as amended hereby. Upon completion of the tenant improvements except for the Expansion Spaceobligations to pay rent. Notwithstanding the foregoing, Landlord shall not be required to remove any Landlord's architect shall provide to Tenant "as-built" CAD drawings for the Expansion Space owned furniture and Tenant shall equipment that may be entitled to independently verify the rentable and usable areas of the Expansion Space using the BOMA Standard; provided, however, that the Rentable Area located in the Expansion Space (the “Landlord FF&E”) and the usable square footage thereof such Landlord FF&E shall not be modified unless Landlord and deemed to be conveyed to Tenant both agree to either increase or decrease the square footage of the Expansion Space. If the parties are unable to agree upon said increase or decrease, either party shall have the right to submit the matter to arbitration under the terms and conditions specified in Section 30 of the Lease. As as of the Expansion Space Commencement Date (as hereinafter defined), all references in the Lease to the defined term "Premises" shall mean and refer to the Expansion Space and the Existing Premises (hereinafter collectively, the "New Premises"). The New Premises shall consist of approximately 60,517 rentable (55,736 usable) square feet in the aggregateits then “AS-IS” condition.

Expansion Space. Tenant hereby agrees Subject to lease from Landlord and Landlord hereby agrees to lease to Tenant, Suite 900, which is the entire ninth (9th) floor of the Building (the "Expansion Space") on the terms and conditions hereinafter set forth. The "Rentable Area in the Expansion Space" shall mean the area contained within the demising walls of the Expansion Space and any other area designated for the exclusive use of Tenant plus an allocation of forth herein, Landlord hereby leases to Tenant's pro rata share of the square footage of the Common Areas and the Service Areas. The Rentable Area in the Expansion Space consists of approximately 20,456 square feet of rentable area (18,822 usable square feet) as measured in accordance with standards observed by the Building Owners and Managers Association, including ANSI-Z65.1-1996, as interpreted by Xxxxxxxxx Systems (the "BOMA Standard"), and is depicted Tenant hereby leases from Landlord, for a term beginning on Exhibit "A" attached hereto. Exhibit "A" attached hereto showing the Expansion Space is hereby incorporated into and made a part of the Lease as amended hereby, supplementing the description of the Premises set forth therein. Tenant's use and occupancy of the Expansion Space shall be in accordance with all of the terms and conditions of the Lease as amended hereby. Upon completion of the tenant improvements for the Expansion Space, Landlord's architect shall provide to Tenant "as-built" CAD drawings for the Expansion Space and Tenant shall be entitled to independently verify the rentable and usable areas of the Expansion Space using the BOMA Standard; provided, however, that the Rentable Area in the Expansion Space and the usable square footage thereof shall not be modified unless Landlord and Tenant both agree to either increase or decrease the square footage of the Expansion Space. If the parties are unable to agree upon said increase or decrease, either party shall have the right to submit the matter to arbitration under the terms and conditions specified in Section 30 of the Lease. As of the Expansion Space Commencement Date and ending on the Expansion Space Expiration Date, approximately 5,293 rentable square feet of space in the Building, which is shown on the attached Exhibit A (the “Expansion Space”). As of the Effective Date, the aggregate number of rentable square feet of space demised to Tenant under the Lease (consisting of the Original Premises and the Expansion Space) shall be 16,314. Notwithstanding any provision to the contrary contained in the Lease, (i) Landlord hereby warrants and represents to Tenant that, as of the date of delivery of the Expansion Space to Tenant, the base Building systems serving the Expansion Space as of such date, including HVAC, electrical, life safety, mechanical and plumbing systems (collectively, the “Base Building Systems”), shall be in good working order and condition, (ii) Landlord hereby warrants and represents, to the best of Landlord’s knowledge, to Tenant that, as of the date of delivery of the Expansion Space to Tenant, the base Building is structurally sound and the Base Building Systems serving the Expansion Space are not in violation of any applicable Legal Requirements (hereinafter defined), all references in the Lease (iii) Landlord hereby warrants and represents to Tenant that, to the defined term "Premises" shall mean and refer to best of Landlord’s knowledge, as of the date of delivery of the Expansion Space and to Tenant, the Existing Premises Expansion Space (specifically excluding any Tenant Improvements (hereinafter collectively, the "New Premises"). The New Premises shall consist of approximately 60,517 rentable (55,736 usabledefined) square feet in the aggregate.and any Expansion Space

Expansion Space. Effective as of the date on which Landlord delivers possession of the Expansion Space (as hereinafter defined) to Tenant hereby agrees to lease from Landlord and Landlord hereby agrees to lease to Tenantwith the Landlord’s Work Substantially Complete (as hereinafter defined) (the “Expansion Space Commencement Date”), Suite 900, which is approximately 9,660 rentable square feet of space on the entire ninth (9th) first floor of the Building known as Suite 700, as identified on the plan attached hereto as Exhibit A-1 (the "“Expansion Space"”) and labeled on said plan as Expansion Space shall be deemed added to and incorporated into the terms and conditions hereinafter set forthExisting Premises. The "Rentable Area in the Expansion Space" shall mean the area contained within the demising walls of the Expansion Space demise and any other area designated for the exclusive use of Tenant plus an allocation of Tenant's pro rata share of the square footage of the Common Areas and the Service Areas. The Rentable Area in the Expansion Space consists of approximately 20,456 square feet of rentable area (18,822 usable square feet) as measured in accordance with standards observed by the Building Owners and Managers Association, including ANSI-Z65.1-1996, as interpreted by Xxxxxxxxx Systems (the "BOMA Standard"), and is depicted on Exhibit "A" attached hereto. Exhibit "A" attached hereto showing the Expansion Space is hereby incorporated into and made a part of the Lease as amended hereby, supplementing the description of the Premises set forth therein. Tenant's use and occupancy of the Expansion Space shall be in accordance with upon and subject to all of the terms and conditions of the Lease Lease, except as amended herebyexpressly set forth in this First Amendment. Upon completion Effective as of the tenant improvements Expansion Space Commencement Date, and throughout the Extended Term (as hereinafter defined) all references to the Premises and Existing Premises in the Lease shall include the Expansion Space and all references to Exhibit A in the Lease shall be deemed to include and refer to Exhibit A-1 attached hereto, as applicable. Effective as of the Expansion Space Commencement Date, the total rentable square footage of the Premises, including the Expansion Space, shall be 19,335 rentable square feet. The Expansion Space shall be delivered at Landlord’s sole cost and expense (including the cost of all plans and specifications for the Landlord’s Work), in broom clean condition, free of all occupants, personal property, trade fixtures and equipment, in accordance with the plans and specifications attached hereto as Exhibit B (collectively, the “Landlord’s Work”), and, shall be accepted by Tenant in “as-is”, “where-is” condition without any warranty of fitness for use or occupancy, express or implied, except as set forth in this First Amendment. As part of the Landlord’s Work, Landlord shall, at its sole cost and expense, separately meter Tenant’s electricity for the Expansion Space, . The Landlord's architect ’s Work shall provide be deemed “Substantially Complete” on the date Landlord or Landlord’s contractors have delivered notice to Tenant "as-built" CAD drawings for that the Landlord’s Work has been substantially completed in accordance with the plans and specifications set forth in Exhibit B, including finishes of the same standard as the Existing Premises and Landlord has obtained and delivered a copy to Tenant of a certificate of occupancy or temporary certificate of occupancy allowing Tenant to occupy the Expansion Space and for the Permitted Use. Tenant shall be entitled identify any punchlist items to independently verify Landlord in writing within five (5) business days after the rentable and usable areas of the Expansion Space using the BOMA Standard; provided, however, that the Rentable Area in the Expansion Space and the usable square footage thereof shall not be modified unless Landlord and date Tenant both agree to either increase or decrease the square footage takes possession of the Expansion Space. If Landlord shall use commercially reasonable efforts to complete such punchlist items within thirty (30) days following Landlord’s receipt of Tenant’s notice thereof. Tenant agrees that Landlord has no work to perform in or on the parties are unable Expansion Space to agree upon said increase or decrease, either party prepare same for Tenant’s use and occupancy except for the Landlord’s Work. Tenant shall have provide Landlord access to the right Existing Premises as reasonably needed during and after business hours to submit complete the matter to arbitration Landlord’s Work. None of the Landlord’s Work as contemplated in this Section shall be considered Required Removables under the terms and conditions specified in Section 30 Article VIII of the Lease. As Notwithstanding the foregoing, any lab-related items, including casework, hoods, air handlers (including without limitation any portion thereof located on the roof or exterior of the Building), lab sinks, and any specialty items such as any equipment related to “gas storage” and “hazardous materials” storage installed by Tenant shall be considered Required Removables under Article VIII of the Lease. All roof penetrations created by Tenant in the Expansion Space shall be closed and restored back to the condition existing on the date of execution of this First Amendment. Landlord shall use commercially reasonable efforts to cause the Expansion Space Commencement Date to occur on or before May 1, 2015 (as hereinafter definedthe “Scheduled Expansion Space Commencement Date”), all references in . In the Lease to the defined term "Premises" shall mean and refer to event that the Expansion Space and the Existing Premises Commencement Date has not occurred on or before September 1, 2015, as such date shall be extended one (hereinafter collectively, the "New Premises"). The New Premises shall consist 1) day for every one (1) day of approximately 60,517 rentable delay due to (55,736 usablei) square feet any change in the aggregateLandlord’s Work requested by Tenant; (ii) any request by Tenant for a delay in the commencement or completion of Landlord’s Work for any reason; (iii) any act or omission of Tenant or its employees, agents or contractors which reasonably inhibits the Landlord from timely completing the Landlord’s Work; (iv) governmental delays; or (v) matters of force majeure or any causes beyond the reasonable control of Landlord, Tenant shall be credited one (1) day of Base Rent for the Expansion Space for each one (1) day thereafter until the Expansion Space Commencement Date occurs, such abatement to commence upon the Expansion Space Commencement Date. It is understood and agreed that the provisions of (i) and (ii) above do not, in any way, obligate Landlord to make any Tenant requested changes to Landlord’s Work or to delay the commencement or completion of Landlord’s Work at Tenant’s request.