Common use of Lease of Additional Premises Clause in Contracts

Lease of Additional Premises. Upon and subject to the terms and conditions as set forth in this First Amendment and the Lease, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord those certain premises consisting of approximately 9,391 rentable square feet located on the fifth floor adjacent to the Existing Premises, as depicted on Schedule 2 attached hereto and incorporated by this reference and described herein as the Additional Premises. The term of the Lease, as it applies to the Additional Premises, shall commence upon the earlier of (a) the date of Substantial Completion of the Additional Premises Tenant Improvements, which is currently estimated to be June 1, 2003 (the “Delivery Date”); (b) the date Tenant commences business operations in the Additional Premises; or (c) the date Substantial Completion of the Additional Premises Tenant Improvements would have occurred but for Tenant Delay (the foregoing terms are defined in Exhibit A). If Landlord does not tender possession of the Additional Premises to Tenant on or before the Delivery Date, subject to Force Majeure and Tenant Delay, Landlord will pay to Tenant an amount equal to $17,897.00 (the “Penalty Fee”) in cash within thirty (30) days of the Delivery Date. If Landlord is unable to tender possession of the Premises to Tenant on or before the Delivery Date, the Lease, as it applies to the Additional Premises, remains in full force and effect and Landlord is not liable to Tenant for any resulting loss or damage, except for the payment of the Penalty Fee; provided, however, that unless the delay is caused by Tenant Delay, Additional Premises Base Rent shall xxxxx on a day-for-day basis for those days (after the Delivery Date) during which Landlord is unable to tender possession of the Additional Premises to Tenant. The expiration date of the Lease, as it applies to the Additional Premises, shall expire on February 1, 2009, unless sooner terminated pursuant to the provisions of the Lease (the “Additional Premises Termination Date”). The “Additional Premises Term” of the Lease shall commence on the Additional Premises Commencement Date and terminate on the Additional Premises Termination Date.

Lease of Additional Premises. Upon and subject The Lease is hereby amended to the terms and conditions as set forth in this First Amendment and the Lease, provide that Landlord hereby leases to Tenant demises and lets unto Tenant, and Tenant hereby leases and hires from Landlord those Landlord, all that certain premises consisting of approximately 9,391 rentable square feet located space on the fifth fourth floor adjacent to of the Existing Building (Suite 450) containing approximately 7,835 RSF of space (the “Additional Premises”), as depicted shown on Schedule 2 Exhibit “A”, attached hereto and incorporated by this reference and described herein as the Additional Premisesmade a part hereof. The term of the Lease, as it applies to Lease for the Additional Premises, Premises shall commence upon (the “Additional Premises Commencement Date”) on the date which is the earlier of (ai) the date of Substantial Completion of the Additional Premises Tenant Improvementswhen Tenant, which is currently estimated to be June 1with Landlord’s prior consent, 2003 (the “Delivery Date”); (b) the date Tenant commences business operations in the Additional Premises; or (c) the date Substantial Completion of the Additional Premises Tenant Improvements would have occurred but for Tenant Delay (the foregoing terms are defined in Exhibit A). If Landlord does not tender assumes possession of the Additional Premises for its Permitted Uses, or (ii) upon Substantial Completion (defined below) of the improvements required to be made by Landlord, under Article 3. Substantial Completion means that the initial improvements called for by this Fourth Amendment to Lease have been completed to the extent that the Additional Premises may be occupied by Tenant on or before the Delivery Datefor its Permitted Use, subject only to Force Majeure completion of minor finishing, adjustment of equipment, and Tenant Delayother minor construction aspects, and Landlord will pay to Tenant an amount equal to $17,897.00 (has procured a temporary or permanent certificate of occupancy permitting the “Penalty Fee”) in cash within thirty (30) days occupancy of the Delivery Date. If Landlord is unable to tender possession of the Premises to Tenant on or before the Delivery Date, the Lease, as it applies to the Additional Premises, remains in full force and effect and Landlord is not liable to Tenant for any resulting loss or damageif required by law (hereafter, except for the payment of the Penalty Fee; provided, however, that unless the delay is caused by Tenant Delay, Additional Premises Base Rent shall xxxxx on a day-for-day basis for those days (after the Delivery Date) during which Landlord is unable to tender possession of the Additional Premises to Tenant. The expiration date of the Lease, as it applies to the Additional Premises, shall expire on February 1, 2009, unless sooner terminated pursuant to the provisions of the Lease (the “Additional Premises Termination DateSubstantial Completion”). The Tenant understands and acknowledges that Tenant’s compliance with the Tele/Data requirements as set forth on Exhibit “Additional Premises Term” B”, attached hereto, is a prerequisite to Substantial Completion of Landlord’s Work. Tenant covenants that it will comply in good faith with the Lease shall commence on terms of Exhibit “B”. It is estimated that the Additional Premises Commencement Date shall be on or about December 1, 2011. It is the mutual intention of Landlord and terminate on Tenant that the Additional Premises Termination shall be leased to and occupied by Tenant on and subject to all of the terms, covenants and conditions of the Lease except as otherwise expressly provided to the contrary in this Fourth Amendment to Lease, and to that end, Landlord and Tenant hereby agree that from and after the Additional Premises Commencement Date, the word “Premises”, as defined in the Lease, shall mean and include both the Original Premises and the Additional Premises, containing a total of 30,617 RSF, unless the context otherwise requires.

Lease of Additional Premises. Upon and subject a. The Lease is hereby amended to the terms and conditions as set forth in this First Amendment and the Lease, provide that Landlord hereby leases to Tenant demises and lets unto Tenant, and Tenant hereby leases and hires from Landlord those Landlord, all that certain premises consisting of approximately 9,391 rentable square feet located space on the fifth first floor adjacent to of the Existing Building containing approximately 2,941 RSF of space (the “Additional Premises”), as depicted shown on Schedule 2 attached hereto Exhibit “A” and incorporated by this reference and described herein as the Additional Premises. made a part hereof The term of the Lease, as it applies to Lease for the Additional Premises, Premises shall commence upon the earlier of (a) the date of Substantial Completion substantial completion of the Additional Premises Tenant Improvements, which is currently estimated to be June 1, 2003 Landlord’s Work (the “Delivery Date”); as defined in subparagraph (b) the date Tenant commences business operations in the Additional Premises; or hereof) (c) the date Substantial Completion of the Additional Premises Tenant Improvements would have occurred but for Tenant Delay (the foregoing terms are defined in Exhibit A). If Landlord does not tender possession of the Additional Premises to Tenant on or before the Delivery Date, subject to Force Majeure and Tenant Delay, Landlord will pay to Tenant an amount equal to $17,897.00 (the “Penalty Fee”) in cash within thirty (30) days of the Delivery Date. If Landlord is unable to tender possession of the Premises to Tenant on or before the Delivery Date, the Lease, as it applies to the Additional Premises, remains in full force and effect and Landlord is not liable to Tenant for any resulting loss or damage, except for the payment of the Penalty Fee; provided, however, that unless the delay is caused by Tenant Delay, Additional Premises Base Rent shall xxxxx on a day-for-day basis for those days (after the Delivery Date) during which Landlord is unable to tender possession of the Additional Premises to Tenant. The expiration date of the Lease, as it applies to the Additional Premises, shall expire on February 1, 2009, unless sooner terminated pursuant to the provisions of the Lease (the “Additional Premises Termination Commencement Date”). The “Additional Premises Termshall be deemed “substantially completed” when the Landlord’s Work has been completed to the extent that the Additional Premises maybe occupied by Tenant for its Permitted Uses, subject only to completion of minor finishing, adjustment of equipment, and other minor punchlist items and construction aspects, and Landlord has procured a temporary or permanent certificate of occupancy permitting the occupancy of the Premises (hereafter, “substantially completed”). It is the mutual intention of Landlord and Tenant that the Additional Premises shall be leased to and occupied by Tenant on and subject to all of the terms, covenants and conditions of the Lease shall commence on except as otherwise expressly provided to the contrary in this Amendment, and to that end Landlord and Tenant hereby agree that from and after the Additional Premises Commencement Date the word ‘Premises”, as defined in the Lease, shall mean and terminate on include both the Original Premises and the Additional Premises, containing a total of 39,313 RSF, unless the context otherwise requires. On or before sixty (60) days following the Additional Premises Termination Commencement Date, Landlord’s architect shall utilize the 1996 BOMA standard to determine Tenant’s rentable square footage for the Additional Premises, thereafter Tenant’s Fixed Rent for the Additional Premises and Tenant’s Allocated Share of the Building shall be adjusted to accurately reflect their respective values based on the rentable square footage so determined.

Lease of Additional Premises. Upon and subject (a) The Lease is hereby amended to the terms and conditions as set forth in this First Amendment and the Lease, provide that Landlord hereby leases to Tenant demises and lets unto Tenant, and Tenant hereby leases and hires from Landlord those Landlord, all that certain premises consisting of approximately 9,391 rentable square feet located space on the fifth second floor adjacent to of the Existing Building (Suite 205) containing approximately 2,979 RSF of space (the “Additional Premises”), as depicted shown on Schedule 2 Exhibit “A” which is attached hereto and incorporated by this reference and described herein as the Additional Premisesmade a part hereof. The term of the Lease, as it applies to Lease for the Additional Premises, Premises shall commence upon on the date which is the earlier of (ai) the date of Substantial Completion of the Additional Premises Tenant Improvementswhen Tenant, which is currently estimated to be June 1with Landlord's prior consent, 2003 (the “Delivery Date”); (b) the date Tenant commences business operations in the Additional Premises; or (c) the date Substantial Completion of the Additional Premises Tenant Improvements would have occurred but for Tenant Delay (the foregoing terms are defined in Exhibit A). If Landlord does not tender assumes possession of the Additional Premises for its Permitted Uses, or (ii) upon substantial completion of the improvements required to be made by Landlord, if any under Article 2(b) below (“Additional Premises Commencement Date”). Substantial completion means that the initial improvements called for by this First Amendment have been completed to the extent that the Additional Premises may be occupied by Tenant on or before the Delivery Datefor its Permitted Use, subject only to Force Majeure completion of minor finishing, adjustment of equipment, and Tenant Delayother minor construction aspects, and Landlord will pay to Tenant an amount equal to $17,897.00 (has procured a temporary or permanent certificate of occupancy permitting the “Penalty Fee”) in cash within thirty (30) days occupancy of the Delivery Date. If Landlord is unable to tender possession of the Premises to Tenant on or before the Delivery Date, the Lease, as it applies to the Additional Premises, remains in full force if required by law (hereafter, “substantial completion”). It is the mutual intention of Landlord and effect and Landlord is not liable to Tenant for any resulting loss or damage, except for the payment of the Penalty Fee; provided, however, that unless the delay is caused by Tenant Delay, Additional Premises Base Rent shall xxxxx on a day-for-day basis for those days (after the Delivery Date) during which Landlord is unable to tender possession of the Additional Premises shall be leased to Tenant. The expiration date and occupied by Tenant on and subject to all of the Leaseterms, as it applies to the Additional Premises, shall expire on February 1, 2009, unless sooner terminated pursuant to the provisions covenants and conditions of the Lease (except as otherwise expressly provided to the “Additional Premises Termination Date”). The “Additional Premises Term” of the Lease shall commence on contrary in this First Amendment, and to that end Landlord and Tenant hereby agree that from and after the Additional Premises Commencement Date the word “Premises”, as defined in the Lease, shall mean and terminate on include both the Original Premises and the Additional Premises Termination DatePremises, containing a total of 7,718 RSF, unless the context otherwise requires.

Lease of Additional Premises. Upon and subject to the terms and conditions as set forth in this First Amendment and the Lease, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord those certain premises consisting of approximately 9,391 rentable square feet located on the fifth floor adjacent to the Existing Premises, as depicted on Schedule 2 attached hereto and incorporated by this reference and described herein as the Additional Premises. The term of the Lease, as it applies to the Additional Premises, shall commence upon the earlier of (a) Sublandlord hereby subleases to Subtenant, and Subtenant hereby subleases from Sublandlord the Additional Premises for a term commencing on the later of (i) the date of Substantial Completion upon which Sublandlord receives written consent from Hiro Real Estate Co. (“Overlandlord”) to Subtenant’s subleasing of the Additional Premises Tenant Improvements, which is currently estimated to be June 1, 2003 from Sublandlord (the “Delivery DateOverlandlord Consent”) (which Overlandlord Consent shall be evidenced by Overlandlord’s signature appended hereto or a separate consent in the form utilized by Overlandlord); , or (bii) the date Tenant commences business operations in the Additional Premises; or (c) the date Substantial Completion of the Additional Premises Tenant Improvements would have occurred but for Tenant Delay (the foregoing terms are defined in Exhibit A). If Landlord does not tender upon which Sublandlord delivers possession of the Additional Premises to Tenant on or before the Delivery Date, subject to Force Majeure and Tenant Delay, Landlord will pay to Tenant an amount equal to $17,897.00 Subtenant (the “Penalty Fee”) in cash within thirty (30) days later of the Delivery Date. If Landlord is unable to tender possession of the Premises to Tenant on or before the Delivery Datesuch dates, the Lease, as it applies to the “Additional Premises, remains in full force and effect and Landlord is not liable to Tenant for any resulting loss or damage, except for the payment of the Penalty FeePremises Commencement Date”; provided, however, that unless Sublandlord shall notify Subtenant on the delay date it receives the Overlandlord Consent), and ending on the Sublease Expiration Date, or such earlier date upon which the term of the Sublease may expire or be terminated pursuant to any of the conditions of limitation or other provisions of the Sublease or pursuant to law. upon all of the terms and conditions of the Original Sublease. as modified by this Amendment. Following the execution of this Amendment by Sublandlord and Subtenant. Sublandlord shall promptly and diligently pursue the Overlandlord Consent in accordance with the terms and conditions of the Xxxxxxxxx (as such term is caused by Tenant Delay, hereinafter defined below). Sublandlord and Subtenant shall execute an instrument in form and substance reasonably acceptable to both parties setting forth the Additional Premises Base Rent Commencement Date; provided, however, that the failure to prepare or execute such instrument shall xxxxx on not affect or be a day-for-day basis for those days (after condition to the Delivery Date) during which Landlord is unable to tender possession commencement of the sublease of the Additional Premises to TenantPremises. The expiration date of the Lease, as it applies Notwithstanding anything to the Additional Premisescontrary contained herein, shall expire on February 1, 2009, unless sooner terminated pursuant prior to the provisions of the Lease (the “Additional Premises Termination Date”). The “Additional Premises Term” of the Lease shall commence on the Additional Premises Commencement Date and terminate on upon Sublandlord’s prior reasonable approval, Subtenant may enter the Additional Premises, at times reasonably convenient to Sublandlord, solely to inspect the Additional Premises Termination Date.(including FF&E (as such term is hereinafter defined below)) and to take inventory of the FF&E.