Common use of Expansion Clause in Contracts

Expansion. Lessee shall have a right of first offer (“ROFO”) to lease additional space as it becomes available in the Building (“ROFO Space”) during the initial Term of the Lease, provided (a) Lessee is the party originally named herein or a permitted affiliate assignee, (b) Lessee actually occupies and operates its business in at least 80% of the Leased Premises, (c) no event of Default of the Lessee’s obligations hereunder beyond all applicable notice and cure periods exists as of the date of exercise of the rights described in this Article 41. For purposes hereof, the ROFO Space will be available when it is vacant or otherwise ready, in Lessor’s commercially reasonable judgment, to be marketed by Lessor to third parties other than the then existing tenant or then current occupant thereof. Lessor shall give Lessee prompt written notice of the availability of the ROFO Space. Lessee shall have twenty (20) days from the receipt of Xxxxxx’s notice to notify Lessor whether Lessee wishes to lease the ROFO Space. Except for the length of lease term thereof, the lease for the ROFO Space will be on substantially similar terms to this Lease. To exercise the ROFO, a minimum term of five (5) years will be required for the existing Leased Premises and ROFO Space, such space leases to be co-terminus. If, in any particular instance, Lessee does not exercise its ROFO, after the ROFO Space in question has been leased by Lessor to a third party, if the ROFO Space should again become available, Lessee shall again have the first right to lease with respect thereto as set forth in this Article 41.

Expansion. Lessee shall have a right of first offer (“ROFO”) the option to lease certain additional space as it becomes available adjacent to the Premises currently leased to IDC, Inc. (the "IDC Space") and additional areas in the Building building in which the Premises are located as existing leases in such building expire. With respect to the IDC Space, Lessee shall be entitled to lease such space at any time, upon one hundred twenty (“ROFO 120) days prior notice to Lessor, so long as IDC, Inc. is still the tenant of such space under a lease under a lease under which Lessor has a lease termination right. With respect to other additional areas in the building in which the Premises are located (except for the IDC Space”) during the initial Term of the Lease, provided (a) Lessee is the party originally named herein or a permitted affiliate assignee, (b) Lessee actually occupies and operates its business in at least 80% of the Leased Premises, (c) no event of Default of the Lessee’s obligations hereunder beyond all applicable notice and cure periods exists as of the date of exercise of the rights described in this Article 41. For purposes hereof, the ROFO Space will be available when it is vacant or otherwise ready, in Lessor’s commercially reasonable judgment, to be marketed by Lessor to third parties other than the then existing tenant or then current occupant thereof. Lessor shall give provide Lessee prompt written with notice of the availability pending expiration of the ROFO Spaceexisting leases. Lessee shall have twenty sixty (2060) days from the receipt of Xxxxxx’s Lessor's notice to notify Lessor whether Lessee wishes to lease exercise its option for such space. Expansion into the ROFO Space. Except for the length of lease term thereof, the lease for the ROFO Space adjacent warehouse area will be on substantially similar terms at $4.75 per square foot if such expansion occurs before December 31, 1993 and any other such areas and any space in the adjacent warehouse area after December 31, 1993 shall be at the prevailing market rate. In the event Lessee needs to this Lease. To exercise expand the ROFO, a minimum term of five (5) years will be required for the existing Leased Premises and ROFO SpaceLessor cannot accommodate Lessee's expansion needs, or if Lessee needs additional parking spaces to accommodate its expansion and Lessor cannot accommodate such space leases to be co-terminus. If, parking needs as required in any particular instanceSECTION 1(A), Lessee does shall have the right to terminate this Lease provided Lessee pays the unamortized portion of Lessor's Improvement Advance plus the portion of the real estate commission referenced in SECTION 31 equal to the balance of the term remaining; PROVIDED, HOWEVER, that if Lessee has, within the prior ninety (90) day period, received notice from Lessor of the availability of additional space, and Lessee did not exercise its ROFO, after the ROFO Space in question has been leased by Lessor to a third party, if the ROFO Space should again become available, Lessee shall again have the first right option to lease with respect thereto as set forth in such space, it must give Lessor three (3) months prior notice of its intent to terminate this Article 41Lease.

Expansion. Subject to the provisions of this Section, Lessee shall have a right of first offer the option (“ROFO”the "Expansion Option") to lease additional space as it becomes available subject the second floor of the Building, containing approximately 6,500 rentable square feet (the "Expansion Premises"), to all of the terms of this Lease (except for Basic Rent, which shall be calculated in the Building manner provided below). Lessee acknowledges that the Expansion Premises are currently occupied by another lessee (“ROFO Space”"Current Occupant") during the initial Term whose lease expires on or about December 31, 1994. Provided that both (i) an "Event of the Lease, provided Default" (aas hereinafter defined) Lessee has not occurred and is the party originally named herein or a permitted affiliate assignee, (b) Lessee actually occupies and operates its business in at least 80% of the Leased Premises, (c) no event of Default of the Lessee’s obligations hereunder beyond all applicable notice and cure periods exists not then continuing as of the day on which Lessee purports to exercise the option herein granted, and (ii) as of such date of exercise the Lessee named herein is actually occupying at least twenty-five (25%) percent of the rights described in this Article 41. For purposes hereofPremises, Lessee shall have the ROFO Space will be available when it is vacant or otherwise readyright to lease the Expansion Premises for a term commencing on the date on which Lessor delivers possession thereof to Lessee, in Lessor’s commercially reasonable judgmentand ending on the last day of the "Lease Term" (as hereinafter defined), to be marketed by Lessor to third parties other than the then existing tenant or then current occupant thereof. Lessor shall give Lessee prompt giving written notice of the availability of the ROFO Spaceexercise to Lessor not later than July 1, 1994. If Lessee shall have twenty (20) days from the receipt of Xxxxxx’s notice to notify Lessor whether Lessee wishes exercises its right under this Section to lease the ROFO Space. Except for the length of lease term thereofExpansion Premises, the lease for the ROFO Space will be on substantially similar terms to this Lease. To exercise the ROFO, a minimum term of five (5) years will be required for the existing Leased Premises and ROFO Space, then such space leases shall become subject to all of the terms of this Lease EXCEPT that "Basic Rent" for such space shall be co-terminusin an amount equal to the "Fair Market Value" thereof (as these terms are hereinafter defined). IfIn the event that Lessee, in for any particular instancereason whatsoever, Lessee does not exercise its ROFOfails or refuses to give such notice by July 1, after the ROFO Space in question has been leased by Lessor to a third party, if the ROFO Space should again become available1994, Lessee shall again be deemed to have the first right to lease waived its rights under this Section with respect thereto as set forth in this Article 41to the Expansion Premises for the remainder of the Lease Term.

Expansion. If Lessee requires more industrial space in addition to Module B or in the event Lessee does not exercise its option to lease Module B, Lessor agrees to use its best efforts to provide the additional space adjacent to the Leased Premises as depicted on Exhibit H attached hereto and incorporated herein (the “Adjacent Space”). If the Adjacent Space cannot be delivered, Lessor shall have a right of first offer provide another building (“ROFO”owned by Lessor) to lease additional provide the total industrial space as it becomes available required by Lessee. If Lessee agrees to move into another building owned by Lessor, Lessor agrees to (i) reimburse Lessee for all moving expenses incurred by Lessee in connection with the move and (ii) pay for fifty percent (50%) of the tenant improvements to be constructed in the Building new space. If Lessee decides to exercise its option to expand into the Adjacent Space or if parties agree on a new building to which Lessee can move its operations, the parties hereto shall either (“ROFO Space”i) during execute an amendment to this Lease which redefines the initial Term of Leased Premises to include the Lease, provided (a) Lessee is Adjacent Space or substitute the party originally named herein or a permitted affiliate assignee, (b) Lessee actually occupies new building as the Leased Premises and operates its business recalculates rent by multiplying the rental rate set forth in at least 80% Section 5.1 by the new square footage of the Leased PremisesPremises or (ii) enter into a new lease agreement under similar terms and conditions as those set forth herein. Notwithstanding the foregoing, (c) no event of Default of any new lease or amendment to this Lease entered into between the Lessee’s obligations hereunder beyond all applicable notice and cure periods exists as of the date of exercise of the rights described in parties pursuant to this Article 41. For purposes hereof, 23 shall include language which sets forth a term or extends the ROFO Space will be available when it is vacant or otherwise ready, in Lessor’s commercially reasonable judgment, to be marketed by Lessor to third parties other than the then existing tenant or then current occupant thereof. Lessor shall give Lessee prompt written notice Term for a period of the availability of the ROFO Space. Lessee shall have twenty (20) days from the receipt of Xxxxxx’s notice to notify Lessor whether Lessee wishes to lease the ROFO Space. Except for the length of lease term thereof, the lease for the ROFO Space will be on substantially similar terms to this Lease. To exercise the ROFO, a minimum term of at least five (5) years will be required for commencing on the existing Leased Premises and ROFO Space, execution date of the amendment or the new lease or such space leases other date as set forth therein. It is agreed by the parties that in the event the parties enter into a new lease pursuant to be co-terminus. If, in any particular instance, Lessee does not exercise its ROFO, after the ROFO Space in question has been leased by Lessor to a third party, if the ROFO Space should again become availableterms of this Article 23, Lessee shall again have cause a guaranty, similar to the first right Guaranty granted to lease with respect thereto as set forth in this Article 41Lessor pursuant to Exhibit F hereto, be granted to Lessor.