Relocated Premises. Effective on the Relocation Date, which shall be defined as 11:59 p.m. CST on May 7, 2002, Landlord hereby leases to Tenant 9,495 square feet of rentable area (the "Relocated Premises") situated at 0000 Xxxxxxxxx Xxxxx, Xxxxx XX-000 of the Building and more particularly described on the floor plan attached hereto as Exhibit "A." Effective on the Relocation Date, the defined term "Premises," when used in the Lease, as amended by this Fifth Amendment, shall hereafter be deemed to mean and refer to the Relocated Premises. Notwithstanding the definition of "Relocation Date," Landlord agrees that as to Tenant's existing data center (approximately 3,500 square feet) as shown more particularly on Exhibit "J" attached hereto, Tenant shall have until 11:59 p.m. CST on May 12, 2002 to relocate such data center. In addition, Tenant acknowledges that any rights under Article 29 (Expansion) of the Lease shall no longer be applicable following the Relocation Date and that Article 29A (Storage Space) of the Lease shall no longer be applicable following the Relocation Date. If Tenant fails to vacate the Original Premises by the Relocation Date, or if Tenant fails to vacate its existing data center within five days after the Relocation Date, Tenant will pay a penalty to Landlord to compensate Landlord for its losses suffered as a result of such delay. Such penalty shall be paid in seven (7) equal monthly installments totaling the sum of the Base Rent on the Original Premises for a period of seven months. This payment is in addition to the Relocated Premises Fee described in Paragraph 4 below which shall be payable as set forth therein. Such penalty payments shall begin on May 1, 2002 and continue through November 1, 2002. Notwithstanding the foregoing, if Tenant's failure to vacate the Original Premises or its data center by the referenced dates is due solely to the actions or inactions of Landlord (excluding any contractor delays or other delays by Tenant or its agents), Tenant shall not incur the aforementioned penalty; provided, however, that in all events Tenant will remain liable for the payment of the Relocated Premises Fee. All payments that are due pursuant to the terms of Paragraph 3 and 4 of this Fifth Amendment shall constitute rent, such that Tenant's failure to pay same shall constitute a monetary default under the Lease.

Relocated Premises. 52 Article 32. Miscellaneous ................................................. 52 Exhibit A: Floor Plan of the Premises Exhibit B: Rules and Regulations Exhibit C: Approved Contractors Exhibit D: Form of Letter of Credit AGREEMENT OF LEASE, made as of February ___, 2000, between 111 CHELSEA LLC (successor-in-interest to 000 Xxxxxx Xxxxxx LLC), a Delaware limited liability company with an address c/o Taconic Investment Partners LLC, 0000 Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000 ("Landlord"), and FIBERNET TELECOM GROUP, INC., a corporation with an address at 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 ("Tenant").

Relocated Premises. Section 31.1 (a) Landlord shall have the right at any time during the Term, upon giving Tenant not less than ninety (90) days prior written notice (a "Relocation Notice"), to provide and furnish Tenant with space elsewhere in the Building of approximately the same size as the Premises (the "Substitute Premises") and remove and place Tenant in such space, and Landlord will pay all reasonable costs and expenses incurred by Tenant in connection with such relocation. Notwithstanding the foregoing, Tenant shall have no obligation to relocate to the Substitute Promises unless or until (i) Tenant shall have approved the Substitute Premises as being reasonably feasible in terms of layout and location for use by Tenant, which approval shall not be unreasonably withheld, (ii) Landlord pays to Tenant in advance the full costs estimated by Tenant for purchase, installation, testing and implementation of new Alterations, facilities and equipment in the Substitute Premises which duplicate all of the Initial Alterations, Alterations and Tenant's Property in the Premises provided, however, that Tenant shall deliver to Landlord reasonable evidence of the costs of same, and (iii) Tenant has confirmed that such new facilities and equipment have been fully installed, tested and placed into service and are fully capable of substituting for Tenant's operations in the Premises. Landlord shall promptly reimburse Tenant for any costs or expenses exceeding the estimated amounts paid by Landlord in advance provided that Tenant delivers to Landlord reasonable evidence of same.

Relocated Premises. From and after the New Space Commencement Date (as hereinafter defined): (a) Landlord shall lease to Tenant, Suite 420, (the "New Space") consisting of approximately 2,581 rentable square feet (the "Rentable Area"), as further described on Exhibit A attached hereto and made a part hereof; and (b) the term "Premises" shall refer to the New Space. Tenant shall vacate and surrender the Original Premises in accordance with the terms of the Lease no later than the day prior to the New Space Commencement Date. "New Space Commencement Date" shall mean the date Landlord delivers the Premises to Tenant, which date the parties estimate to be April 1, 2020. If there is a delay in the New Space Commencement Date, Landlord shall not be deemed to be in default under the Lease or this Amendment. Tenant agrees to accept possession of the New Space when Landlord can tender the same. Landlord reserves the right to require Tenant to execute a commencement letter to evidence the actual date the Original Premises were surrendered and the New Space Commencement Date.

Relocated Premises. Effective as of December 1, 2021, the Basic Rental due and payable for the Relocated Premises shall be in the following amounts: The Crescent®/ Westwood Management Corporation Lease Months Annual Basic Rental Rate Per Rentable Monthly Basic Sguare Foot Rental Installment 12/1/21 -3/31/22 $32.00 $57,565.33 4/1/22 - 3/31/23 $32.50 $58,464.79 4/1/23 - 3/31/24 $33.00 $59,364.25 4/1/24 - 3/31/25 $33.50 $60,263.71 4/1/25 - ED $34.00 $61,163.17 ED = Expiration Date In the event Tenant fails to timely surrender any portion of the Released Space to Landlord pursuant to Paragraph 3 above, Tenant shall be in holdover of the applicable Released Space pursuant to the terms of Paragraph 15 of the Lease. All Rent shall be payable in accordance with the terms and provisions of the Lease, as modified by this Fifteenth Modification.

Related to Relocated Premises

Premises defective, dangerous or unsafe condition of the facilities; falls; collisions with objects, walls, equipment or persons; dangerous, unsafe, or irregular conditions on floors, ice, or other surfaces, extreme weather conditions; travel to and from premises.
The Premises Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit A attached hereto, and an outline of the Project is set forth in Exhibit A-1 attached hereto. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease, Tenant shall accept the Premises in its presently existing “as-is” condition and Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease. However, notwithstanding the foregoing, Landlord agrees that base Building electrical, mechanical, heating, ventilation and air conditioning and plumbing systems located in the Premises shall be in good working order and the roof shall be water tight as of the date Landlord delivers possession of the Premises to Tenant. Except to the extent caused by the acts or omissions of Tenant or any Tenant Parties (as defined in Section 10.13 below) by any alterations or improvements performed by or on behalf of Tenant, if such systems and/or the roof are not in good working order as of the date possession of the Premises is delivered to Tenant and Tenant provides Landlord with notice of the same within ninety (90) days following the date Landlord delivers possession of the Premises to Tenant, Landlord shall be responsible for repairing or restoring the same at Landlord’s sole cost and expense. Subject to any repairs or restoration required by the immediately preceding sentence, the commencement of business operations from the Premises by Tenant shall presumptively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair. For purposes of Section 1938 of the California Civil Code, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that the Premises, the Building and the Project have not undergone inspection by a Certified Access Specialist (CASp).
Leased Premises Lessor hereby leases to Lessee, and Lessee leases and takes from Lessor, the Leased Premises subject to the conditions of this Lease.
Subleased Premises Sublandlord hereby subleases to Subtenant and Subtenant hereby subleases from Sublandlord for the term, at the rental, and upon all of the conditions set forth herein, the Subleased Premises.
Demised Premises The Landlord hereby demises and leases to the Tenant, and the Tenant hereby leases from the Landlord, upon and subject to the terms and provisions of this Lease (which term is used herein shall include all Exhibits attached hereto or referred to herein), the commercial space (sometimes hereinafter referred to as the "Demised Premises") depicted on Exhibit A hereto annexed and made a part hereof. Said Demised Premises contain approximately six thousand six hundred fifty-one (6,651) square feet of floor area (measuring from (i) the center of the two side demising walls and (ii) the front lease line of the Demised Premises, through the rear wall), commonly known as suite 3800 on level 3 as shown on Exhibit A-1 attached hereto of the multi-level structure (the "Mall Building"), which Landlord has constructed on a parcel of land (the "Shopping Center Site") located in Dallas, Dallas County, Texas. The metes and bounds description of the Shopping Center Site is set forth on Exhibit A-2 annexed hereto and made a part hereof. In the event, within sixty (60) days after commencement of the term of this Lease, either party hereto finds that the actual floor area of the Demised Premises differs by ten (10) square feet or more from the floor area set forth hereinabove and such difference is confirmed by Landlord's independent architect (which confirmation shall be binding upon Landlord and Tenant absent bad faith or manifest error on the part of Landlord's architect), Landlord and Tenant shall execute an amendment to this Lease setting forth the actual floor area, and proportionately changing Tenant's monetary obligations, including Minimum Rent, based upon the ratio of the actual floor area of the Demised Premises to the floor area set forth hereinabove. The term "
Vacating Premises (i) If the Assuming Bank elects not to purchase any owned Bank Premises, the notice of such election in accordance with Section 4.6(a) shall specify the date upon which the Assuming Bank's occupancy of such premises shall terminate, which date shall not be later than ninety (90) days after the date of the Assuming Bank's notice not to exercise such option. The Assuming Bank promptly shall relinquish and release to the Receiver such premises and the Furniture and Equipment and Fixtures located thereon in the same condition as at Bank Closing, normal wear and tear excepted. By occupying any such premises after the expiration of such ninety (90)-day period, the Assuming Bank shall, at the Receiver's option, (x) be deemed to have agreed to purchase such Bank Premises, and to assume all leases, obligations and liabilities with respect to leased Furniture and Equipment and leased Fixtures located thereon and any ground lease with respect to the land on which such premises are located, and (y) be required to purchase all Furniture and Equipment and Fixtures owned by the Failed Bank and located on such premises as of Bank Closing.
Adjacent Premises If the Premises are part of a larger building, or of a group of buildings owned by Lessor which are adjacent to the Premises, the Lessee shall pay for any increase in the premiums for the property insurance of such building or buildings if said increase is caused by Lessee's acts, omissions, use or occupancy of the Premises.
Landlord’s Property All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, however, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.
Building and Improvements Lessor shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor and to any Lender(s), insuring against loss or damage to the Premises. Such insurance shall be for full replacement cost, as the same shall exist from time to time, or the amount required by any Lender(s), but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property shall be insured by Lessee pursuant to Paragraph 8.4. If the coverage is available and commercially appropriate, Lessor's policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located.
Premises Building Project and Common Areas 1.1 Premises, Building, Project and Common Areas.

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