Common use of Lease Amendment Clause in Contracts

Lease Amendment. In the event that Tenant timely exercises Tenant’s right to lease any First Offer Space as set forth in this Section 7, Landlord and Tenant shall within thirty (30) days following Landlord’s receipt of the First Offer Exercise Notice, execute an amendment to the Lease, as amended hereby, adding such First Offer Space to the Premises, upon the terms and conditions as set forth in the First Offer Notice and this Section 7, and otherwise in compliance with the terms of the Lease, as amended hereby. To the extent the First Offer Rent shall not have been determined at the time of the execution of the amendment as provided for hereinabove, at either party’s option, upon such determination, the parties’ shall execute an additional amendment setting forth the First Offer Rent. Tenant shall commence payment of Rent for the First Offer Space, and the term of the First Offer Space shall commence, upon such date as is determined as a component of the First Offer Rent (the “First Offer Commencement Date”). Commencing on the First Offer Commencement Date, notwithstanding anything in the Lease to the contrary, Tenant shall have the right, but not the obligation, to rent parking passes in connection with Tenant’s lease of the subject First Offer Space, in amount equal to 3.5 unreserved parking passes for each 1,000 rentable square feet of the First Offer Space leased by Tenant (the “First Offer Parking Passes”), upon and subject to the terms of Section 29.18 of the Original Lease, as amended. Tenant shall pay the prevailing rate for First Offer Parking Passes rented by Tenant, plus any applicable parking taxes. The term of Tenant’s lease of the First Offer Space, shall terminate concurrently with the lease of the remainder of Tenant’s Premises (the “First Offer Term”). The term of Tenant’s lease of First Offer Space, commencing as of the First Offer Commencement Date and terminating concurrently with Tenant’s lease of the remainder of Tenant’s Premises, shall be referred to herein as the “First Offer Term”. Upon the First Offer Commencement Date, First Offer Space leased by Tenant shall be part of the Premises along with all other space leased by ▇▇▇▇▇▇ and, accordingly, Tenant shall have the right to extend the term of Tenant’s lease of the Premises (including First Offer Space leased by ▇▇▇▇▇▇), upon and subject to the terms of Section 2.2 of the Original Lease.

Lease Amendment. In the event that Tenant timely exercises Tenant’s right to lease any First Offer Space as set forth in this Section 71.3, Landlord and Tenant shall within thirty (30) days following Landlord▇▇▇▇▇▇▇▇’s receipt of the First Offer Exercise Notice or Landlord’s delivery of the First Offer Confirmation Notice, as the case may be, execute an amendment to the Lease, as amended hereby, this Lease adding such First Offer Space to the Premises, upon the terms and conditions as set forth in the First Offer Notice and this Section 71.3, and otherwise in general compliance with the terms of the this Lease, as amended hereby. and with other appropriate modifications given the nature of the First Offer Space and the terms of the First Offer Rent, To the extent the First Offer Rent shall not have been determined at the time of the execution of the amendment as provided for hereinabove, at either party’s option, upon such determination, the parties’ shall execute an additional amendment setting forth the First Offer Rent. Tenant shall commence payment of Rent for the First Offer Space, and the term of the First Offer Space shall commence, upon such date as is determined as a component of the First Offer Rent (the “First Offer Commencement Date”); provided, however, that in the event that the First Offer Rent shall be as set forth in Section 1.3.3.1, above, the First Offer Commencement Date shall be the earlier to occur of (i) the date Tenant commences the conduct of business in any portion of the First Offer Space, and (ii) the date that is one hundred eighty (180) days following delivery of the First Offer Space by Landlord to Tenant. Commencing on the First Offer Commencement Date, notwithstanding anything in the Lease to the contrary, Tenant shall have the right, but not the obligation, entitled to rent parking passes in connection with Tenant’s lease of the subject First Offer Space, in amount equal to 3.5 unreserved parking passes for each 1,000 rentable square feet of the First Offer Space leased by Tenant (the “First Offer Parking Passes”), upon and subject to the terms of Section 13 of the Summary and Section 29.18 of the Original this Lease, as amended. Tenant shall pay the prevailing rate for First Offer Parking Passes rented by Tenant, plus any applicable parking taxes. The term of Tenant’s lease of the First Offer Space, shall terminate concurrently with the lease of the remainder of Tenant’s Premises (the “First Offer Term”). The period granted to Tenant following delivery of First Offer Space and prior to the First Offer Commencement Date shall be referred to herein as the “First Offer Build-Out Period “ and the term of Tenant’s lease of First Offer Space, commencing as of the First Offer Commencement Date and terminating concurrently with Tenant’s lease of the remainder of Tenant’s Premises, shall be referred to herein as the “First Offer Term”. Upon the First Offer Commencement Date, First Offer Space leased by Tenant shall be part of the Premises along with all other space leased by ▇▇▇▇▇▇ and, accordingly, Tenant shall have the right to extend the term of Tenant’s lease of the Premises (including First Offer Space leased by ▇▇▇▇▇▇), upon and subject to the terms of Section 2.2 of the Original Lease2.2, below.

Lease Amendment. In the event that If Tenant timely exercises Tenant’s right elects to lease any the Right of First Offer Space as set forth in this Section 7Offering Space, then Landlord and Tenant, within 10 business days after Tenant delivers to Landlord the Election Notice exercising the Right of First Offering, or, if applicable, 10 business days after Tenant delivers the Second Election Notice exercising the Right of First Offering, shall within thirty (30) days following Landlord’s receipt of the First Offer Exercise Notice, execute an amendment to this Lease which shall (i) add the Lease, as amended hereby, adding such applicable Right of First Offer Offering Space to the PremisesPremises under this Lease, upon (ii) increase the terms annual Basic Rent by an amount equal to the product of the total number of Rentable Square Feet in the Right of First Offering Space, multiplied by the ROFO Market Rent for the Right of First Offering Space, as reasonably determined by Landlord and conditions as set forth in the Right of First Offer Offering Notice or, if applicable, in the Revised Right of First Offering Notice, (iii) increase the annual Amenity Building Rent by an amount equal to the product of the total number of Rentable Square Feet of the Amenity Building that is allocable to the Right of First Offering Space, multiplied by the then-prevailing annual rent rate for the Amenity Building, as reasonably determined by Landlord and as set forth in the Right of First Offering Notice, (iv) increase Tenant’s Proportionate Share in direct proportion to the increase of Rentable Square Footage in the Premises as a result of said amendment, and (v) memorialize the other terms set forth in Landlord’s Right of First Offering Notice or, if applicable, in the Revised Right of First Offering Notice. Except as otherwise indicated in Landlord’s Right of First Offering Notice or, if applicable, in the Revised Right of First Offering Notice, and this Section 7Article XXVI, and otherwise in compliance with all of the terms of the Lease, as amended hereby. To the extent the First Offer Rent and conditions contained in this Lease shall not have been determined at the time of the execution of the amendment as provided for hereinabove, at either party’s option, upon such determination, the parties’ shall execute an additional amendment setting forth the First Offer Rent. Tenant shall commence payment of Rent for the First Offer Space, and the term of the First Offer Space shall commence, upon such date as is determined as a component of the First Offer Rent (the “First Offer Commencement Date”). Commencing on the First Offer Commencement Date, notwithstanding anything in the Lease apply to the contraryRight of First Offering Space; provided, however, Tenant shall have not be entitled to any improvement allowance, moving allowance, free rent or rent abatement concession for any Right of First Offering Space, unless specifically set forth in Landlord’s Right of First Offering Notice or, if applicable, in the rightRevised Right of First Offering Notice. Unless otherwise set forth in Landlord’s Right of First Offering Notice, but not the obligation, to rent parking passes in connection with commencement date for any Right of First Offering Space shall be 30 days after the later of (x) Tenant’s lease delivery to Landlord of the subject Election Notice exercising said Right of First Offer SpaceOffering Space or (y) vacation of such Right of First Offering Space by the previous tenant; provided, however, in amount equal to 3.5 unreserved parking passes for each 1,000 rentable square feet the event Tenant actually occupies any portion of the First Offer Space leased by Tenant (the “First Offer Parking Passes”), upon and subject to the terms of Section 29.18 of the Original Lease, as amended. Tenant shall pay the prevailing rate for First Offer Parking Passes rented by Tenant, plus any applicable parking taxes. The term of Tenant’s lease of the First Offer Space, shall terminate concurrently with the lease of the remainder of Tenant’s Premises (the “First Offer Term”). The term of Tenant’s lease Right of First Offer SpaceOffering Space prior to such date for the conduct of its business, commencing as of the First Offer Commencement Date and terminating concurrently with Tenant’s lease of the remainder of Tenant’s Premises, commencement date shall be referred to herein as the “earlier date upon which Tenant occupies such Right of First Offer Term”. Upon the First Offer Commencement Date, First Offer Space leased by Tenant shall be part of the Premises along with all other space leased by ▇▇▇▇▇▇ and, accordingly, Tenant shall have the right to extend the term of Tenant’s lease of the Premises (including First Offer Space leased by ▇▇▇▇▇▇), upon and subject to the terms of Section 2.2 of the Original LeaseOffering Space.

Lease Amendment. In the event that If Tenant timely exercises Tenant’s its right to lease any the Right of First Offer Refusal Space as set forth in pursuant to this Section 7Article XXVIII, Landlord and Tenant shall shall, within thirty (30) days following after Tenant exercises its Right of First Refusal, enter into a lease amendment with respect to such portion of the Right of First Refusal Space leased on the terms, covenants and conditions set forth in Landlord’s receipt Notice, including, but not limited to, Basic Rent, tenant improvement allowance and term (however, such term will not commence earlier than ninety (90) days after Landlord delivers possession of the Right of First Offer Exercise Notice, execute an amendment to the Lease, as amended hereby, adding such First Offer Refusal Space to the PremisesTenant); provided, upon the however, all other terms and conditions contained in this Lease shall apply to the Right of First Refusal Space as set forth a result of Tenant’s election hereunder, except to the extent specified otherwise in the First Offer Notice and this Section 7, and otherwise in compliance with the terms Landlord’s Notice. Effective upon delivery of the LeaseRight of First Refusal Space, as amended hereby. To the extent Right of First Refusal Space shall be added to the First Offer definition of Premises under this Lease and the annual Basic Rent shall not have been determined at the time of the execution of the amendment as provided for hereinabove, at either party’s option, upon such determination, the parties’ shall execute be increased by an additional amendment setting forth the First Offer Rent. Tenant shall commence payment of Rent for the First Offer Space, and the term of the First Offer Space shall commence, upon such date as is determined as a component of the First Offer Rent (the “First Offer Commencement Date”). Commencing on the First Offer Commencement Date, notwithstanding anything in the Lease to the contrary, Tenant shall have the right, but not the obligation, to rent parking passes in connection with Tenant’s lease of the subject First Offer Space, in amount equal to 3.5 unreserved parking passes for each 1,000 rentable square feet the product obtained by multiplying (1) the number of Rentable Square Feet in the Right of First Offer Refusal Space leased times (2) the annual Basic Rent rate (as reflected in the Landlord’s Notice) per Rentable Square Foot. Additionally, Tenant’s Proportionate Share of Operating Expenses and Real Estate Taxes shall be increased by Tenant (the “First Offer Parking Passes”), upon amount of Operating Expenses and subject Real Estate Taxes allocable to the terms of Section 29.18 of the Original Lease, as amended. Tenant shall pay the prevailing rate for First Offer Parking Passes rented by Tenant, plus any applicable parking taxes. The term of Tenant’s lease of the First Offer Space, shall terminate concurrently with the lease of the remainder of Tenant’s Premises (the “First Offer Term”). The term of Tenant’s lease Right of First Offer Space, commencing Refusal Space (i.e. in the same manner as of the First Offer Commencement Date and terminating concurrently with Tenant’s lease of the remainder of Tenant’s Premises, shall be referred to herein as the “First Offer Term”. Upon the First Offer Commencement Date, First Offer Space leased by Tenant shall be part of the Premises along with all other space leased by ▇▇▇▇▇▇ and, accordingly, Tenant shall have the right to extend the term of Tenant’s lease of the Premises (including First Offer Space leased by ▇▇▇▇▇▇), upon responsible for Operating Expenses and subject Real Estate Taxes allocable to the terms of Section 2.2 of the Original original Premises under this Lease).

Lease Amendment. In the event that If Tenant timely exercises Tenant’s right elects to lease any the Right of First Offer Space as set forth in this Section 7Offering Space, then Landlord and Tenant, within 10 business days after Tenant delivers to Landlord the ROFO Election Notice exercising the Right of First Offering shall within thirty (30) days following Landlord’s receipt of the First Offer Exercise Notice, execute an amendment to this Lease which shall (i) add the Lease, as amended hereby, adding such applicable Right of First Offer Offering Space to the PremisesPremises under this Lease, upon (ii) increase the terms annual Basic Rent by an amount equal to the product of the total number of Rentable Square Feet in the Right of First Offering Space, multiplied by the ROFO Market Rent per Rentable Square Foot contained in the Right of First Offering Space as determined by Landlord and conditions set forth in the Right of First Offering Notice, (iii) increase the annual Amenity Building Rent by an amount equal to the product of the total number of Rentable Square Feet of the Amenity Building that is allocable to the Right of First Offering Space, multiplied by the then-prevailing annual rent rate for the Amenity Building, as determined by Landlord and as set forth in the Right of First Offer Notice and this Section 7Offering Notice, and otherwise (iv) increase Tenant’s Proportionate Share in compliance with direct proportion to the terms increase of Rentable Square Footage in the LeasePremises as a result of said amendment, as amended hereby. To the extent the First Offer Rent shall not have been determined at the time of the execution of the amendment as provided (v) provide for hereinabove, at either partya credit to Tenant’s option, upon such determination, the parties’ shall execute an additional amendment setting forth the First Offer Rent. Tenant shall commence payment of monthly Basic Rent for the Right of First Offer SpaceOffering Space in the amount of the Deposit, (vi) any increase in the Security Deposit or Letter of Credit, as applicable, as reasonably determined by Landlord based on Landlord’s review of the Tenant’s financial statements delivered with the Election Notice, (vii) memorialize the other material economic terms set forth in Landlord’s Right of First Offering Notice, and the term of the First Offer (viii) proportionate adjustment to Tenant’s Parking Space shall commence, upon such date as is determined as a component of the First Offer Rent (the “First Offer Commencement Date”). Commencing Allocation based on the First Offer Commencement Date, notwithstanding anything Rentable Square Footage in the Lease Right of First Offering Space. Notwithstanding anything to the contrary, if Tenant fails or refuses to execute such amendment, then Landlord shall have retain the rightDeposit, which shall not constitute Rent, but not rather shall be deemed liquidated damages paid by Tenant to Landlord as reimbursement Landlord for the obligationattorneys’ fees, to rent parking passes administrative costs and other expenses incurred by Landlord in connection with Tenantthe Right of First Offering. Except as otherwise indicated in Landlord’s lease Right of First Offering Notice and this Article XXVI, all of the subject First Offer Space, terms and conditions contained in amount equal to 3.5 unreserved parking passes for each 1,000 rentable square feet of the First Offer Space leased by Tenant (the “First Offer Parking Passes”), upon and subject this Lease shall apply to the terms of Section 29.18 of the Original Lease, as amended. Tenant shall pay the prevailing rate for First Offer Parking Passes rented by Tenant, plus any applicable parking taxes. The term of Tenant’s lease of the First Offer Space, shall terminate concurrently with the lease of the remainder of Tenant’s Premises (the “First Offer Term”). The term of Tenant’s lease Right of First Offer Offering Space; provided, commencing as of the First Offer Commencement Date and terminating concurrently with Tenant’s lease of the remainder of Tenant’s Premises, shall be referred to herein as the “First Offer Term”. Upon the First Offer Commencement Date, First Offer Space leased by Tenant shall be part of the Premises along with all other space leased by ▇▇▇▇▇▇ and, accordinglyhowever, Tenant shall have not be entitled to any improvement allowance, moving allowance, free rent or rent abatement concession for any Right of First Offering Space, unless specifically set forth in Landlord’s Right of First Offering Notice. Unless otherwise set forth in Landlord’s Right of First Offering Notice, the right to extend commencement date for any Right of First Offering Space shall be 30 days after the term later of (x) Tenant’s lease delivery to Landlord of the Premises ROFO Election Notice exercising said Right of First Offering or (including y) Landlord’s delivery of such Right of First Offer Offering Space leased after vacation by ▇▇▇▇▇▇)the previous tenant; provided, upon and subject to however, in the terms of Section 2.2 event Tenant actually occupies any portion of the Original LeaseRight of First Offering Space prior to such date for the conduct of its business and not solely for Early Access Activities, the commencement date shall be the earlier date upon which Tenant occupies such Right of First Offering Space.

Lease Amendment. In 4.1 The Assignee and the event Landlord agree that Tenant timely exercises Tenant’s right the following amendments shall be made to lease any First Offer Space the Lease effective as set forth in this Section 7, Landlord and Tenant shall within thirty (30) days following Landlord’s receipt of the First Offer Exercise Notice, execute an amendment to the Lease, as amended hereby, adding such First Offer Space to the Premises, upon the terms and conditions as set forth in the First Offer Notice and this Section 7, and otherwise in compliance with the terms of the Lease, as amended hereby. To the extent the First Offer Rent shall not have been determined at the time of the execution of the amendment as provided for hereinabove, at either party’s option, upon such determination, the parties’ shall execute an additional amendment setting forth the First Offer Rent. Tenant shall commence payment of Rent for the First Offer Space, and the term of the First Offer Space shall commence, upon such date as is determined as a component of the First Offer Rent Effective Date: (the “First Offer Commencement Date”). Commencing on the First Offer Commencement Date, notwithstanding a) Notwithstanding anything in the Lease to the contrary, Tenant shall have the right, but not the obligation, to rent parking passes in connection with Tenant’s lease Term of the subject First Offer SpaceLease shall be and is hereby extended for a further period of three (3) years commencing on May 14, in amount equal to 3.5 unreserved parking passes for each 1,000 rentable square feet of the First Offer Space leased by Tenant 2020 and expiring on May 13, 2023 (the “First Offer Parking Passes”), upon and subject to the terms of Section 29.18 of the Original Lease, as amended. Tenant shall pay the prevailing rate for First Offer Parking Passes rented by Tenant, plus any applicable parking taxes. The term of Tenant’s lease of the First Offer Space, shall terminate concurrently with the lease of the remainder of Tenant’s Premises (the “First Offer Extension Term”). The term Landlord and the Tenant hereby covenant and agree that the definition of Tenant’s lease “Term” set out in the Lease is amended to include the First Extension Term. (b) Notwithstanding the use of First Offer Spacethe terms “Minimum Rent” and “Additional Rent”, commencing as during each year of the First Offer Commencement Date Extension Term, the Tenant shall pay to the Landlord each and terminating concurrently every month during the First Extension Term, in equal monthly installments in advance on the first day of each month of the First Extension Term, annual gross rent with respect to the Demised Premises in the amount of $6,000.00 based on an annual gross rent of $72,000.00. (c) Annual gross rent shall include all costs for which the Tenant was otherwise liable under Section 5.3 of the Lease (excepting Sales Taxes, for which the Tenant shall remain liable throughout the First Extension Term). The Landlord shall be responsible for making the timely payment of all property taxes or any other assessments levied against the Property. In the event the Landlord fails to make such payments, Tenant may, but shall not be obligated to make such payments upon the Landlord’s behalf and the Landlord shall forthwith reimburse Tenant upon receipt of reasonable evidence of Tenant to such effect. (d) In relation to the Tenant’s lease surrender an Initial Reclamation and Final Reclamation obligations, the Tenant shall not be obliged to pay rent following the Initial Reclamation and during the Landlord’s growing season, UNLESS the crops planted are not reasonably similar in quality (as provided in Section 3(b) of the remainder of TenantLease Amending Agreement, in which case the Tenant shall pay rent for that period as provided in the Lease Amending Agreement, FURTHER, the Landlord’s crops planted in that growing season must be the same as the crops planted on the surrounding lands (such that the yield comparison is accurate) and in the event the Landlord elects not to plant crops during that growing season, then the Full Reclamation shall be deemed to have occurred. (e) The Landlord and Tenant confirm that the Schedule B attached to this Assignment Agreement sets out the Schedule “A” to the Lease, outlining in red the Demised Premises, shall be referred to herein as the “First Offer Term”. Upon the First Offer Commencement Date, First Offer Space leased by Tenant shall be part comprising 10 acres. (f) Paragraph 3 of Section 9.2 of the Premises along Lease is amended such that the Tenant may hold the Deposit with all other space leased by ▇▇▇▇▇▇ and, accordingly, Tenant shall have the right to extend the term of Tenant’s lease of the Premises (including First Offer Space leased by ▇▇▇▇▇▇)its solicitors or a recognized trust company, upon and subject escrow terms acceptable to the terms of Section 2.2 of the Original LeaseLandlord, acting reasonably.