Common use of RELOCATION OF TENANT Clause in Contracts

RELOCATION OF TENANT. Upon prior written notice to Tenant, Landlord shall have the right to relocate Tenant to new space (the “Relocation Space”) within the Project that is comparable in size, utility, and condition to the Premises, including similar Tenant Improvements. Such relocation will be effective on a date specified by Landlord in its relocation notice, which date will not be less than ninety (90) days after the date of such notice. If Landlord relocates Tenant, Landlord will reimburse Tenant for Tenant’s reasonable out-of-pocket expenses for moving Tenant’s furniture, equipment, and supplies from the Premises to the Relocation Space, and other reasonable relocation costs. Tenant shall be entitled to concurrently occupy both the Premises and Relocation Space for a period not to exceed twenty (20) days in order to effectuate its relocation in a minimally non-disruptive manner. Upon such relocation, the Relocation Space will be deemed to be the Premises and the terms of this Lease will remain in full force and effect and apply to the Relocation Space. No amendment or other instrument shall be necessary to effectuate the relocation contemplated by this Section; however, if requested by Landlord, Tenant shall execute and deliver to Landlord an appropriate amendment document within twenty (20) days after Landlord’s request therefor. If Tenant fails to execute and deliver such relocation amendment within such time period, or if Tenant fails to relocate within the time period stated in Landlord’s relocation notice to Tenant (or, if the Relocation Space is not available on the date specified in Landlord’s relocation notice, as soon thereafter as the Relocation Space becomes available and is tendered to Tenant in the condition required by this Lease), then, in addition to Landlord’s other remedies set forth in this Lease, at law and/or in equity, Landlord may terminate this Lease by notifying Tenant in writing thereof at least sixty (60) days prior to the termination date contained in Landlord’s termination notice. Landlord’s exercise of its rights as permitted by this Section shall not (a) constitute a constructive eviction, an interference with Tenant’s right of quiet enjoyment, or a disturbance of Tenant’s right to use the Premises; and (b) subject Landlord to damages, including, but not limited to, damages for loss of goodwill, business, or profits. Time is of the essence with respect to Tenant’s obligations under this Section.

RELOCATION OF TENANT. Upon prior written notice to TenantLandlord, Landlord shall have the right to relocate Tenant to new space (the “Relocation Space”) within the Project that is comparable in sizeat its sole expense, utility, and condition to the Premises, including similar Tenant Improvements. Such relocation will be effective on a date specified by Landlord in its relocation notice, which date will upon not be less than ninety (90) days after the date of such notice. If Landlord relocates Tenant, Landlord will reimburse Tenant for Tenant’s reasonable out-of-pocket expenses for moving Tenant’s furniture, equipment, and supplies from the Premises to the Relocation Space, and other reasonable relocation costs. Tenant shall be entitled to concurrently occupy both the Premises and Relocation Space for a period not to exceed twenty (20) days in order to effectuate its relocation in a minimally non-disruptive manner. Upon such relocation, the Relocation Space will be deemed to be the Premises and the terms of this Lease will remain in full force and effect and apply to the Relocation Space. No amendment or other instrument shall be necessary to effectuate the relocation contemplated by this Section; however, if requested by Landlord, Tenant shall execute and deliver to Landlord an appropriate amendment document within twenty (20) days after Landlord’s request therefor. If Tenant fails to execute and deliver such relocation amendment within such time period, or if Tenant fails to relocate within the time period stated in Landlord’s relocation notice to Tenant (or, if the Relocation Space is not available on the date specified in Landlord’s relocation notice, as soon thereafter as the Relocation Space becomes available and is tendered to Tenant in the condition required by this Lease), then, in addition to Landlord’s other remedies set forth in this Lease, at law and/or in equity, Landlord may terminate this Lease by notifying Tenant in writing thereof at least sixty (60) days prior written notice to Tenant (the termination date contained “Relocation Notice”), but not more than one (1) time during the term of this Lease, may require Tenant to relocate from the Premises to other premises of comparable size within the Building in order to permit Landlord to consolidate the Premises with other adjoining space leased or to be leased to another tenant in or coming into the Building; provided, however, that in the event of delivery of any such Relocation Notice, Tenant, by written notice to Landlord given not later than thirty (30) days following Tenant’s receipt of the Relocation Notice, may elect not to relocate to such other premises, and in lieu thereof, may terminate this Lease and Tenant shall thereafter vacate the Premises in accordance with the terms of this Lease no later than thirty (30) days after the expiration of such thirty (30) day period; provided, however, that if Tenant elects to so terminate this Lease, Landlord may, but shall not be required to, within ten (10) days after Landlord’s termination notice. Landlord’s exercise of its rights as permitted by this Section shall not (a) constitute a constructive eviction, an interference with Tenant’s right of quiet enjoyment, or a disturbance receipt of Tenant’s right election to use terminate, withdraw the Relocation Notice, in which event Tenant’s termination of this Lease shall automatically be rendered null and void and this Lease shall continue in full force and effect. In the event of any such relocation, Landlord shall: (i) pay all the expenses of preparing and decorating the new premises so that such premises will be substantially similar to the Premises; (ii) pay the expense of moving Tenant’s furniture, furnishings, equipment, files and other personal property to the new premises; and (biii) subject Landlord to damagespay the reasonable costs of replacing existing stocks of Tenant’s letterhead, includingenvelopes, but not limited to, damages for loss of goodwill, business, or profitsbilling statements and other stationery having Tenant’s address thereon. Time is Use and occupancy by Tenant of the essence with respect new premises shall be under and pursuant to the same terms, conditions and provisions of this Lease (except that in the event the new premises contain fewer rentable square feet than the Premises, rent and Tenant’s obligations under Proportionate Share shall be adjusted accordingly) and Tenant shall execute any and all amendments to this SectionLease as Landlord shall deem necessary to effectuate the provisions of this Paragraph. Notwithstanding the foregoing, Landlord shall not have the right to deliver a Relocation Notice during the first 36 months of the term.

RELOCATION OF TENANT. Upon prior written notice to TenantDuring the term of this Lease Term, Landlord shall have the right to relocate Tenant to new substitute for the Demised Premises other space (in the Building such other space hereinafter called the “Relocation Space”) within the Project that is comparable in size, utility, and condition to the Premises, including similar Tenant Improvements. Such relocation will be effective on a date specified Substitute Premises by Landlord in its relocation notice, which date will not be less than ninety (90) days after the date of such notice. If Landlord relocates Tenant, Landlord will reimburse Tenant for Tenant’s reasonable out-of-pocket expenses for moving Tenant’s furniture, equipment, and supplies from the Premises to the Relocation Space, and other reasonable relocation costs. Tenant shall be entitled to concurrently occupy both the Premises and Relocation Space for a period not to exceed twenty (20) days in order to effectuate its relocation in a minimally non-disruptive manner. Upon such relocation, the Relocation Space will be deemed to be the Premises and the terms of this Lease will remain in full force and effect and apply to the Relocation Space. No amendment or other instrument shall be necessary to effectuate the relocation contemplated by this Section; however, if requested by Landlord, Tenant shall execute and deliver to Landlord an appropriate amendment document within twenty (20) days after Landlord’s request therefor. If Tenant fails to execute and deliver such relocation amendment within such time period, or if Tenant fails to relocate within the time period stated in Landlord’s relocation written notice given to Tenant not later than Thirty (or, if the Relocation Space is not available on the date specified in Landlord’s relocation notice, as soon thereafter as the Relocation Space becomes available and is tendered to Tenant in the condition required by this Lease), then, in addition to Landlord’s other remedies set forth in this Lease, at law and/or in equity, Landlord may terminate this Lease by notifying Tenant in writing thereof at least sixty (6030) days prior to the termination date contained set forth in said notice as the date (the “Substitution Date”) on or before which Tenant must surrender the Demised Premises. Said Substitute Premises shall have a rentable area not less than 95% of the rentable space of the Demised Premises and similar. The substitute space shall be for the balance of the term and upon all the terms and conditions of this Lease except that if the new premises contains less square feet, (however new premises shall not be less than 95% of original space) the rental shall be proportionately reduced, in the Building of substantially similar size and layout described in such In the event of any such relocation, Landlord at Its expense shall prepare and decorate the space in which Tenant is to be relocated so as to substantially similar in layout and decoration to the Demised Premises (with such changes as Tenant reasonably may request, provided they do not increase the cost or time within which the space can be prepared for Lessee’s occupancy) and move Lessee’s furniture, fixtures, and equipment to such space. Provided Tenant is not then in default under any of the terms or conditions of this Lease, Landlord shall reimburse Tenant for any reasonable expenses, documented to Landlord’s termination noticereasonable satisfaction, incurred in moving from the replaced premises to the Substitute Premises. No rights granted in his Lease to Tenant, including the right of peaceful possession and quiet enjoyment, will be deemed breached or interfered with by reason of Landlord’s exercise of its rights as permitted by this Section shall not (a) constitute a constructive eviction, an interference with Tenant’s the relocation right of quiet enjoyment, or a disturbance of Tenant’s right to use the Premises; and (b) subject Landlord to damages, including, but not limited to, damages for loss of goodwill, business, or profits. Time is of the essence with respect to Tenant’s obligations under this Sectionreserve herein.

RELOCATION OF TENANT. Upon Landlord, at its sole expense, on at least sixty (60) days’ prior written notice to Tenantand not more than once during the Term (and in no event during the final twelve (12) months of the Term), Landlord shall have the right to relocate may require Tenant to new move from the Premises to other space of comparable size and decor in order to permit Landlord to consolidate the space leased to Tenant with other adjoining space leased. In the event of any such relocation, (i) the “Relocation Space”relocation space will be on a floor no lower than the twelfth (12th) within floor of the Project that is Building, (ii) the relocation space will be on the side of the Building facing the Cxxxxxx River and in comparable in size, utility, and condition to configuration as the Premises, (iii) even if the relocation space is larger than the Premises, in no event will Tenant pay more Rent for the relocation space (including similar operating expenses and real estate taxes) than Tenant Improvements. Such pays for the Premises, provided however that if rentable square footage of the relocation space is smaller than the existing Premises, Rent and Tenant’s Proportionate Share shall be recalculated accordingly and (iii) Landlord will pay all expenses of preparing and decorating the new premises so that they will be effective on a date specified by Landlord in its relocation noticesubstantially similar to the Premises from which Tenant is moving, which date will not be less than ninety (90) days after including the date level and design of such notice. If Landlord relocates Tenantall materials and finishes, and Landlord will reimburse Tenant for also pay the expense of moving and installing Tenant’s reasonable out-of-pocket expenses for moving furniture, fixtures and equipment to the relocated premises. In the event of a relocation pursuant to the terms hereof, Tenant will have no removal or restoration obligations with regard to the existing premises or the relocation premises other than removal of Tenant’s furniture, equipment, and supplies from the Premises to the Relocation Space, trade fixtures and other reasonable relocation costspersonal property from both such locations. Tenant shall be entitled to concurrently occupy both the Premises In such event this Lease and Relocation Space for a period not to exceed twenty (20) days in order to effectuate its relocation in a minimally non-disruptive manner. Upon such relocation, the Relocation Space will be deemed to be the Premises each and all of the terms of this Lease will and covenants and conditions hereof shall remain in full force and effect and apply thereupon be deemed applicable to such new space except that revised Reference Pages and a revised Exhibit A shall become part of this Lease and shall reflect the location of the new premises, subject to the Relocation Space. No amendment or other instrument shall be necessary to effectuate the relocation contemplated by this Section; however, if requested by Landlord, Tenant shall execute and deliver to Landlord an appropriate amendment document within twenty (20) days after Landlord’s request therefor. If Tenant fails to execute and deliver such relocation amendment within such time period, or if Tenant fails to relocate within the time period stated in Landlord’s relocation notice to Tenant (or, if the Relocation Space is not available limitations on the date specified in Landlord’s relocation notice, as soon thereafter as the Relocation Space becomes available and is tendered to Tenant in the condition required by this Lease), then, in addition to Landlord’s other remedies Rent set forth in this Lease, at law and/or in equity, Landlord may terminate this Lease by notifying Tenant in writing thereof at least sixty (60) days prior to the termination date contained in Landlord’s termination notice. Landlord’s exercise of its rights as permitted by this Section shall not (a) constitute a constructive eviction, an interference with Tenant’s right of quiet enjoyment, or a disturbance of Tenant’s right to use the Premises; and (b) subject Landlord to damages, including, but not limited to, damages for loss of goodwill, business, or profits. Time is of the essence with respect to Tenant’s obligations under this Sectionherein.

RELOCATION OF TENANT. Upon Lessor expressly reserves the right to remove Lessees from the Expansion Space and to relocate Lesees in some other space of Lessor's choosing of approximately the same dimensions and size within the Shopping Center. If said relocation occurs after Lessees have expended money to improve or prepare the Expansion Space for occupancy, then Lessor shall, at Lessor's sole cost and expense, prepare the new premises to substantially the same condition as the Expansion Space was In prior written to notice of relocation and Lessor shall otherwise reimburse Lessees for any costs directly attributable to Tenant, Landlord said relocation. Lessor shall have the right right, in Lessor's sole discretion, to use such decoration; and materials from the existing Expansion Space, or other materials so that the space in which Lessees are relocated shall be comparable in its interior design and decoration to the Expansion Space from which Lessees are removed. Any provisions pertaining to the rentable area of the Expansion Space shall be applied to the space in which Lessees are relocated on the same basis as said provisions were applied to the Expansion Space from which Lessees are removed. Lessor shall notify Lessees in writing of Lessor's intention to relocate Tenant the Expansion Space (Notice of Relocation)- In the event that Lessees do not wish to new space (relocate the “Relocation Expansion Space”) , Lessees shall have the option to terminate the Lease for the Expansion Space only. Lessees shall so notify Lessor in writing within 10 days of Lessees' receipt of Lessor's Notice of Relocation. In the Project event that is comparable in size, utility, and condition to the Premises, including similar Tenant Improvements. Such relocation will be effective on a date specified by Landlord in its relocation Lessees timely give such notice, which date will Lessees shall vacate the Expansion Space within 90 days of the initial Notice of Relocation. In the event that Lessees do not be less than ninety (90) days after the date of such notice. If Landlord relocates Tenantso notify Lessor, Landlord will reimburse Tenant for Tenant’s reasonable out-of-pocket expenses for moving Tenant’s furniture, equipment, and supplies from the Premises to the Relocation Space, and other reasonable relocation costs. Tenant shall be entitled to concurrently occupy both the Premises and Relocation Space for a period not to exceed twenty (20) days in order to effectuate its relocation in a minimally non-disruptive manner. Upon such relocation, the Relocation Space will be deemed to be the Premises and the terms of this Lease will remain in full force and effect and apply to the Relocation Space. No amendment or other instrument shall be necessary to effectuate the relocation contemplated by this Section; however, if requested by Landlord, Tenant shall execute and deliver to Landlord an appropriate amendment document within twenty (20) days after Landlord’s request therefor. If Tenant fails to execute and deliver such relocation amendment within such time period, or if Tenant fails to relocate within the time period stated in Landlord’s relocation notice to Tenant (or, if the Relocation Space is not available on the date specified in Landlord’s relocation notice, as soon thereafter as the Relocation Space becomes available and is tendered to Tenant in the condition required by this Lease), then, in addition to Landlord’s other remedies set forth in this Lease, at law and/or in equity, Landlord may terminate this Lease by notifying Tenant in writing thereof at least sixty (60) days prior to the termination date contained in Landlord’s termination notice. Landlord’s Lessees agree that Lessor's exercise of its rights as permitted by this Section election to remove and relocate Lessees shall not (a) constitute a constructive evictionterminate the Lease, an interference with Tenant’s right of quiet enjoymentas amended, or a disturbance of Tenant’s right release Lessees, in whole or in part, from Lessees' obligation to use pay rent and other charges and to perform the Premises; covenants and (b) subject Landlord to damages, including, but not limited to, damages agreements hereunder for loss of goodwill, business, or profits. Time is the full term of the essence with respect to Tenant’s obligations under this SectionLease, as amended.

RELOCATION OF TENANT. Upon prior Landlord reserves the right from time to time, at Landlord's sole cost and expense, and after first giving Tenant at least 60 days' advance written notice ("Landlord's Relocation Notice"), to Tenant, Landlord shall have remove Tenant from the right to Premises and relocate Tenant to new some other space in the Building or the Hall Office Park (the “Relocation Space”"New Premises") within of approximately the Project same dimensions and size as the Premises. The New Premises will be finished out and decorated by Landlord, at Landlord's sole cost and expense, so that is the New Premises will be comparable in size, utility, its interior design and condition decoration to the Premises. If Tenant elects to install security system devices to the Premises, including similar Tenant ImprovementsLandlord must provide comparable security system devices in the "New Premises". Such relocation will be effective on a date specified by Landlord in its relocation notice, which date will not be less than ninety (90) days after the date of such notice. If Landlord relocates Tenant, Landlord will also reimburse Tenant for Tenant’s 's reasonable out-of-pocket expenses for moving Tenant’s 's furniture, equipment, supplies and supplies telephone equipment from the Premises to the New Premises. If Landlord exercises this relocation option, the effective date of the relocation (the "Relocation SpaceEffective Date") will be the later of (i) sixty (60) days following the delivery of Landlord's Relocation Notice, and other reasonable relocation costs(ii) the date on which Landlord substantially completes the tenant finish work required of Landlord under this Article XIX. Upon the Relocation Effective Date, Tenant shall be entitled to concurrently occupy both will surrender possession of the Premises and Relocation Space for a period not to exceed twenty (20) days in order to effectuate its relocation in a minimally non-disruptive mannermove into the New Premises. Upon such relocation, the Relocation Space will be deemed to be the Premises and the terms of this This Lease will remain continue in full force and effect with no change in the terms, covenants or conditions hereof other than the substitution of the New Premises for the Premises specified in Section 1.2 hereof and apply such other adjustments as may be required due to any difference between the Relocation Spacenumber of Rentable Square Feet comprising the Premises and the number of Rentable Square Feet comprising the New Premises. No amendment Except as otherwise provided hereinabove, Tenant will not be entitled to any compensation by virtue of any such substitution of premises or other instrument for any inconvenience or interference with Tenant's business due to relocation of Tenant, nor shall Tenant be necessary entitled to effectuate the relocation contemplated any abatement or reduction of Base Rental or additional rental under this Lease by this Sectionreason of such relocation; provided, however, if requested that the Base Rental for the New Premises will be the product of the Base Rental rate per Rentable Square Foot under the Lease at such time multiplied by Landlordthe number of Rentable Square Feet in the New Premises, and the Tenant's Pro-Rata Share of Building Operating Costs and the Premises' Pro-Rata Share of Energy Costs shall each be subject to adjustment based upon the number of Rentable Square Feet contained in the New Premises. Tenant shall agrees to execute and deliver to Landlord an appropriate amendment document within twenty (20) days after Landlord’s , upon request therefor. If Tenant fails to execute and deliver such relocation amendment within such time period, or if Tenant fails to relocate within the time period stated in Landlord’s relocation notice to Tenant (or, if the Relocation Space is not available on the date specified in Landlord’s relocation notice, as soon thereafter as the Relocation Space becomes available and is tendered to Tenant in the condition required by this Lease), then, in addition to Landlord’s other remedies set forth in this Lease, at law and/or in equity, Landlord may terminate this Lease by notifying Tenant in writing thereof at least sixty (60) days prior to the termination date contained in Landlord’s termination notice. Landlord’s exercise of its rights as permitted by this Section shall not (a) constitute a constructive eviction, an interference with Tenant’s right of quiet enjoyment, or a disturbance of Tenant’s right to use amendment confirming the Premises; and (b) subject Landlord to damages, including, but not limited to, damages for loss of goodwill, business, or profits. Time is substitution of the essence with respect New Premises for the initial Premises pursuant to Tenant’s obligations under this SectionArticle XIX.

RELOCATION OF TENANT. Upon prior Landlord shall have the right, upon not less than sixty (60) days' written notice to Tenant, Landlord shall have the right to relocate Tenant to new space another location (the “"Relocation Space”Premises") in the Complex. The Relocation Premises shall have a rentable area equal to or greater than the Rentable Square Feet of the Premises and have a reasonably similar configuration. Additionally, the Relocation Premises shall be improved with tenant improvements which are reasonably similar to the tenant improvements within the Project that is comparable in size, utility, and condition to the Premises, including similar Tenant Improvements. Such relocation will shall be effective on a date specified by performed through Landlord's personnel or contractors and Tenant shall cooperate with Landlord in its relocation noticeconnection with the relocation, which date will not be less than ninety (90) days after including, without limitation, timely responding to any requests for review and approval of proposed plans for tenant improvements for the date of such noticeRelocation Premises. If Landlord relocates Tenant, Landlord will shall reimburse Tenant for for, and only for, Tenant’s 's reasonable out-of-pocket moving expenses paid to third parties for moving and reinstalling Tenant’s 's equipment, furniture, equipmenttrade fixtures, telephones and supplies from the Premises other personal property to the Relocation Space, Premises and other reasonable relocation costsfor replacing stationery and business cards rendered unusable by such relocation. Tenant shall be entitled waives any claim for damages, abatement of Rent or loss of profits due to concurrently occupy both the Premises and Relocation Space for a period not to exceed twenty (20) days in order to effectuate its relocation in a minimally non-disruptive mannersuch relocation. Upon the date of such relocation, the Relocation Space will Premises shall become and be deemed to be the Premises hereunder and all the terms and conditions of this Lease will remain in full force and effect and apply shall be applicable to the Relocation Spacenew Premises, including, without limitation, the right of Landlord to again relocate Tenant pursuant to this Section 19. No amendment or other instrument Landlord and Tenant agree that, notwithstanding such relocation, the Rent hereunder shall not be necessary to effectuate the relocation contemplated by this Section; howeveradjusted. After such relocation, if requested by LandlordLandlord and Tenant, Tenant shall execute and deliver to Landlord an appropriate amendment document within twenty thirty (2030) days after Landlord’s the written request therefor. If Tenant fails of either Landlord or Tenant, shall execute a written amendment to execute and deliver such relocation amendment within such time period, or if Tenant fails to relocate within the time period stated in Landlord’s relocation notice to Tenant (or, if the Relocation Space is not available on the date specified in Landlord’s relocation notice, as soon thereafter as the Relocation Space becomes available and is tendered to Tenant in the condition required by this Lease), then, in addition to Landlord’s other remedies set forth in this Lease, at law and/or in equity, Landlord may terminate this Lease by notifying Tenant in writing thereof at least sixty (60) days prior to confirming the termination date contained in Landlord’s termination notice. Landlord’s exercise of its rights as permitted by this Section shall not (a) constitute a constructive eviction, an interference with Tenant’s right of quiet enjoyment, or a disturbance of Tenant’s right to use the Premises; and (b) subject Landlord to damages, including, but not limited to, damages for loss of goodwill, business, or profits. Time is of the essence with respect to Tenant’s obligations under this Sectionforegoing relocation.

RELOCATION OF TENANT. Upon LANDLORD expressly reserves the right at LANDLORD'S sole cost and expense to remove TENANT from the Demised Premises and to relocate TENANT in some other space of LANDLORD'S choosing of approximately the same dimensions and size within the Oakwood Business Center, which other space shall be improved and decorated by LANDLORD, at LANDLORD'S expense, to the same degree as the Demised Premises are improved immediately prior to the relocation. LANDLORD shall have the right, in LANDLORD'S sole discretion, to use such decorations and materials from the existing Demised Premises, or other materials so that the space in which TENANT is relocated shall be comparable in its interior design and decoration to the Demised Premises from which TENANT is removed. Nothing herein contained shall be construed to relieve TENANT or imply that TENANT is relieved of the liability for, or obligation to pay, any Additional Rent due by reason of the provisions of Section 6 of this Lease, the provisions of which Sections shall be applied to the space in which TENANT is relocated on the same basis as said provisions of which Section shall be applied to the space in which TENANT is relocated on the same basis as said provisions were applied to the Demised Premises from which TENANT is removed. TENANT agrees that LANDLORD'S exercise of its election to remove and relocate TENANT shall not terminate this Lease or release TENANT, in whole or in part, from TENANT'S obligations to pay Rent and perform the covenants and agreements hereunder for the full Term. In the case Landlord exercised its rights under this paragraph, Tenant may at its option cancel this Lease upon thirty (30) days written notice to Tenant, Landlord shall have the right to relocate Tenant to new space (the “Relocation Space”) within the Project that is comparable in size, utility, and condition to the Premises, including similar Tenant Improvements. Such relocation will be effective on a date specified by Landlord in its relocation notice, which date will not be less than ninety (90) days after the date of such notice. If Landlord relocates Tenant, Landlord will reimburse Tenant for Tenant’s reasonable out-of-pocket expenses for moving Tenant’s furniture, equipment, and supplies from the Premises to the Relocation Space, and other reasonable relocation costs. Tenant shall be entitled to concurrently occupy both the Premises and Relocation Space for a period not to exceed twenty (20) days in order to effectuate its relocation in a minimally non-disruptive manner. Upon such relocation, the Relocation Space will be deemed to be the Premises and the terms of this Lease will remain in full force and effect and apply to the Relocation Space. No amendment or other instrument shall be necessary to effectuate the relocation contemplated by this Section; however, if requested by Landlord, Tenant shall execute and deliver to Landlord an appropriate amendment document within twenty (20) days after Landlord’s request therefor. If Tenant fails to execute and deliver such relocation amendment within such time period, or if Tenant fails to relocate within the time period stated in Landlord’s relocation notice to Tenant (or, if the Relocation Space is not available on the date specified in Landlord’s relocation notice, instead of relocating as soon thereafter as the Relocation Space becomes available and is tendered to Tenant in the condition required by this Lease), then, in addition to Landlord’s other remedies set forth in this Lease, at law and/or in equity, Landlord may terminate this Lease by notifying Tenant in writing thereof at least sixty (60) days prior to the termination date contained in Landlord’s termination notice. Landlord’s exercise of its rights as permitted by this Section shall not (a) constitute a constructive eviction, an interference with Tenant’s right of quiet enjoyment, or a disturbance of Tenant’s right to use the Premises; and (b) subject Landlord to damages, including, but not limited to, damages for loss of goodwill, business, or profits. Time is of the essence with respect to Tenant’s obligations under this Sectionprovided herein.

RELOCATION OF TENANT. Upon prior written notice Landlord expressly reserves the right at Landlord’s sole cost and expense to Tenantremove Tenant from the Demised Premises and to relocate Tenant in some other space of Landlord’s choosing of approximately the same dimensions and size, which other space shall be improved and decorated by Landlord at Landlord’s expense. Landlord shall have the right right, in Landlord’s sole discretion, to relocate use such decorations and materials from the existing Demised Premises, or other materials so that the space in which Tenant to new space (the “Relocation Space”) within the Project that is relocated shall be comparable in size, utility, its interior design and condition decoration to the Premises, including similar Demised Premises from which Tenant Improvementsis removed. Such relocation will be effective on a date specified by Landlord in its relocation notice, which date will not be less than ninety (90) days after the date of In addition to such notice. If Landlord relocates Tenantcosts, Landlord will shall reimburse Tenant in up to the amount of $1,000.00 for Tenant’s reasonable out-of-pocket expenses for moving costs of reprinting letterhead, business cards and other office items bearing Tenant’s furniture, equipment, and supplies from the Premises to the Relocation Space, and other reasonable relocation costsaddress. Tenant Nothing herein contained shall be entitled construed to concurrently occupy both relieve Tenant or imply that Tenant is relieved of the Premises and Relocation Space liability for a period not or obligation to exceed twenty (20) days in order to effectuate its relocation in a minimally non-disruptive manner. Upon such relocation, pay any Additional Rent due by reason of the Relocation Space will be deemed to be the Premises and the terms provisions of this Lease will remain in full force and effect and apply to the Relocation Space. No amendment or other instrument shall be necessary to effectuate the relocation contemplated by this Section; however, if requested by Landlord, Tenant shall execute and deliver to Landlord an appropriate amendment document within twenty (20) days after Landlord’s request therefor. If Tenant fails to execute and deliver such relocation amendment within such time period, or if Tenant fails to relocate within the time period stated in Landlord’s relocation notice to Tenant (or, if the Relocation Space is not available on the date specified in Landlord’s relocation notice, as soon thereafter as the Relocation Space becomes available and is tendered to Tenant in the condition required by this Lease), then, in addition to Landlord’s other remedies set forth in Paragraph 14 of this Lease, at law and/or in equity, Landlord may terminate this Lease by notifying Tenant in writing thereof at least sixty (60) days prior the provisions of which paragraph shall be applied to the termination date contained space in Landlord’s termination noticewhich Tenant is relocated on the same basis as said provisions were applied to the Demised Premises from which Tenant is removed. Tenant agrees that Landlord’s exercise of its rights as permitted by this Section election to remove and relocate Tenant shall not (a) constitute a constructive evictionterminate this Lease or release Tenant, an interference with Tenant’s right of quiet enjoymentin whole or in part, or a disturbance of Tenant’s right to use the Premises; and (b) subject Landlord to damages, including, but not limited to, damages for loss of goodwill, business, or profits. Time is of the essence with respect to from Tenant’s obligations under this Sectionto pay Rent and perform the covenants and agreements hereunder for the full Lease Term.

RELOCATION OF TENANT. Upon prior written notice to TenantLandlord, Landlord shall have the right to relocate Tenant to new space (the “Relocation Space”) within the Project that is comparable in sizeat its sole expense, utility, and condition to the Premises, including similar Tenant Improvements. Such relocation will be effective on a date specified by Landlord in its relocation notice, which date will not be less than at least ninety (90) days after the date of such prior written notice. If Landlord relocates Tenant, Landlord will reimburse may require Tenant for Tenant’s reasonable out-of-pocket expenses for moving Tenant’s furniture, equipment, and supplies to move from the Premises to the Relocation Space, other space of comparable size and other reasonable relocation costs. Tenant shall be entitled to concurrently occupy both the Premises and Relocation Space for a period not to exceed twenty (20) days decor in order to effectuate permit Landlord to consolidate the space leased to Tenant with other adjoining space leased or to be leased to another tenant; provided however, such relocation space shall include at least one full floor and shall not consist of more than three suites in total. If the new space in the Building offered to Tenant is not acceptable to Tenant, Tenant may terminate this Lease by written notice to Landlord given not later than ten (10) days after Tenant inspects the new space, such termination to be effective on the date originally specified for relocation in Landlord’s relocation notice. However, Landlord may withdraw its relocation notice and nullify Tenant’s termination of the Lease by written notice to Tenant given not later than ten (10) days after Landlord’s receipt of Tenant’s termination notice, whereupon the Lease shall continue in a minimally non-disruptive mannerfull force and effect without relocating the Premises. Upon In the event of any such relocation, Landlord will pay all expenses of preparing and decorating the Relocation Space new premises so that they will be deemed substantially similar to be the Premises from which Tenant is moving, and Landlord will also pay the expense of moving Tenant’s furniture and equipment to the relocated premises, as well as all other reasonable out of pocket costs incurred by Tenant due to the relocation, such as new stationery and business cards. In such event this Lease and each and all of the terms of this Lease will and covenants and conditions hereof shall remain in full force and effect and apply thereupon be deemed applicable to the Relocation Space. No amendment or other instrument such new space except that revised Reference Pages and a revised Exhibit A shall be necessary to effectuate the relocation contemplated by this Section; however, if requested by Landlord, Tenant shall execute and deliver to Landlord an appropriate amendment document within twenty (20) days after Landlord’s request therefor. If Tenant fails to execute and deliver such relocation amendment within such time period, or if Tenant fails to relocate within the time period stated in Landlord’s relocation notice to Tenant (or, if the Relocation Space is not available on the date specified in Landlord’s relocation notice, as soon thereafter as the Relocation Space becomes available and is tendered to Tenant in the condition required by this Lease), then, in addition to Landlord’s other remedies set forth in this Lease, at law and/or in equity, Landlord may terminate become part of this Lease by notifying Tenant in writing thereof at least sixty (60) days prior to and shall reflect the termination date contained in Landlord’s termination noticelocation of the new premises. Landlord’s exercise of its rights as permitted by right to relocate under this Section shall not (a) constitute a constructive eviction, an interference with Tenant’s right of quiet enjoyment, may only be exercised once during the Term or a disturbance of Tenant’s right to use the Premises; and (b) subject Landlord to damages, including, but not limited to, damages for loss of goodwill, business, or profits. Time is of the essence with respect to Tenant’s obligations under this Sectionany extension thereof.

RELOCATION OF TENANT. Upon prior written notice to TenantTenant acknowledges that Landlord retains the right, Landlord shall have the right to relocate Tenant to new space (the “Relocation Space”) within the Project that is comparable in size, utility, and condition to the Premises, including similar Tenant Improvements. Such relocation will be effective on a date specified by Landlord in its relocation noticesole discretion, which date will not be less than upon ninety (90) days after days' prior written notice, to require Tenant to relocate prior to the date Expiration Date if Landlord believes such relocation to be necessary to enable proposed developments on the present site of the Building. In such notice. If Landlord relocates Tenantevent, Landlord will reimburse shall make available approximately 80,000 square feet of alternative office and warehouse space to Tenant for Tenant’s reasonable out-of-pocket expenses for moving Tenant’s furniture, equipment, and supplies from on terms substantially the Premises to the Relocation Space, and other reasonable relocation costssame as set forth herein. Tenant hereby acknowledges that Landlord shall be entitled bear no responsibility for any claims of any kind, including for disruption of business, which Tenant might otherwise bring against Landlord in any respect relating to concurrently occupy both the Premises and Relocation Space for a period not to exceed twenty (20) days in order to effectuate its relocation in a minimally non-disruptive mannersuch relocation. Upon In connection with such relocation, the Relocation Space will be deemed to be the Premises Landlord and the terms of Tenant shall amend this Lease as necessary, including to change the description and square footage of the demised premises. Landlord will remain in full force and effect and apply use reasonable efforts to the Relocation Space. No amendment or other instrument shall be necessary to effectuate the prevent any relocation contemplated by this Section; howeverSection 19.01 from occurring, if requested by Landlord, but cannot provide any assurance that a relocation will not be required. Tenant shall execute and deliver to Landlord an appropriate amendment document within twenty (20) days after Landlord’s request therefor. If Tenant fails to execute and deliver such bear all costs of any relocation amendment within such time period, or if Tenant fails to relocate within the time period stated in Landlord’s relocation notice to Tenant (or, if the Relocation Space is not available on the date specified in Landlord’s relocation notice, as soon thereafter as the Relocation Space becomes available and is tendered to Tenant described in the condition required by this Lease), then, in addition to Landlord’s other remedies set forth in this Lease, at law and/or in equity, Landlord may terminate this Lease by notifying Tenant in writing thereof at least sixty (60) days prior to the termination date contained in Landlord’s termination notice. Landlord’s exercise of its rights as permitted by this Section shall not (a) constitute a constructive eviction, an interference with Tenant’s right of quiet enjoyment, or a disturbance of Tenant’s right to use the Premises; and (b) subject Landlord to damagesimmediately preceding paragraph, including, but not limited to, damages for loss the costs of goodwillrelocating personnel, businesssystems and fixtures and any costs of any modifications or renovations required at such new premises; provided, or profits. Time is however, that Landlord shall bear all costs of any such relocation if all of the essence with respect following conditions are satisfied: (a) Landlord requires Tenant to vacate the Building prior to June 15, 2001, (b) Tenant is relocated to space other than the Abercrombie & Fitch Home Office space in Reynoldsburg, Ohio (the "A&F OFFICE SPACE") and (c) Tenant’s obligations under this Section's relocation is to space that is temporary and not expected to be Tenant's ongoing and permanent headquarters location as mutually determined in good faith by the Tenant and Landlord. Tenant agrees that if (x) Tenant is relocated to the A&F Office Space or (y) Landlord is required to bear the costs of Tenant's relocation pursuant to the proviso of the immediately preceding sentence, then Landlord shall have the right to approve the selection of the contractor AND the final modification/renovation plans prior to the commencement of such modification/renovation."

RELOCATION OF TENANT. Upon prior written notice to TenantAt any time after the twenty-fourth (24th) month of the Term of this Lease, Landlord shall have but no more than one (1) time during the right to relocate Tenant to new space (the “Relocation Space”) within the Project that is comparable in sizeinitial Term, utilityLandlord, and condition to the Premisesat its sole expense, including similar Tenant Improvements. Such relocation will be effective on a date specified by Landlord in its relocation notice, which date will not be less than at least ninety (90) days after the date of such prior written notice. If Landlord relocates Tenant, Landlord will reimburse may require Tenant for Tenant’s reasonable out-of-pocket expenses for moving Tenant’s furniture, equipment, and supplies to move from the Premises to other space of comparable size and decor located on or above the Relocation Space, and other reasonable relocation costs. Tenant shall be entitled to concurrently occupy both tenth (10th) floor of the Premises and Relocation Space for a period not to exceed twenty (20) days Building in order to effectuate its relocation in a minimally non-disruptive mannerpermit Landlord to consolidate the space leased to Tenant with other adjoining space leased or to be leased to another tenant. Upon In the event of any such relocation, Landlord will pay all expenses of preparing and decorating the Relocation Space new premises so that they will be deemed substantially similar to be the Premises from which Tenant is moving, and Landlord will also pay the expense of moving Tenant’s furniture and equipment to the relocated premises. In such event this Lease and each and all of the terms of this Lease will and covenants and conditions hereof shall remain in full force and effect and apply thereupon be deemed applicable to such new space except that revised Reference Pages and a revised Exhibit A shall become part of this Lease and shall reflect the location of the new premises. Notwithstanding anything herein to the Relocation Space. No amendment or other instrument shall be necessary to effectuate the relocation contemplated by this Section; howevercontrary, if requested by Landlordthe relocated premises is larger than the existing Premises, Tenant shall execute and deliver pay the same Annual Rent for the relocated premises as Tenant was paying for the existing Premises. Notwithstanding anything herein to Landlord an appropriate amendment document within twenty (20) days after Landlord’s request therefor. If Tenant fails to execute and deliver such relocation amendment within such time period, or if Tenant fails to relocate within the time period stated in Landlord’s relocation notice to Tenant (orcontrary, if the Relocation Space relocated premises is not available on smaller than the date specified in Landlord’s relocation noticeexisting Premises, as soon thereafter as the Relocation Space becomes available and is tendered to Tenant in the condition required by this Lease), then, in addition to Landlord’s other remedies set forth in this Lease, at law and/or in equity, Landlord may terminate this Lease by notifying Tenant in writing thereof at least sixty (60) days prior to the termination date contained in Landlord’s termination notice. Landlord’s exercise of its rights as permitted by this Section shall not (a) constitute Tenant shall pay reduced Annual Rent for the relocated premises on a constructive eviction, an interference with Tenant’s right of quiet enjoyment, or a disturbance of Tenant’s pro-rata basis and (b) Tenant shall continue to have the right to use the same number of parking spaces as if the relocated premises were the exact size as the Premises; and (b) subject . Landlord shall use commercially reasonable efforts to damages, including, but not limited to, damages for loss of goodwill, business, or profits. Time is of schedule any such relocation at night and/or over a weekend to minimize the essence with respect inconvenience to Tenant’s obligations under this Sectionbusiness operations and following any such relocation, Landlord shall provide Tenant with an allowance of $1,000.00 to compensate Tenant for the cost of replacing business cards, stationery and other related materials on hand at the time of such relocation.

RELOCATION OF TENANT. Upon prior written notice to TenantLandlord, Landlord shall have the right to relocate Tenant to new space (the “Relocation Space”) within the Project that is comparable in sizeat its sole expense, utility, and condition to the Premises, including similar Tenant Improvements. Such relocation will be effective on a date specified by Landlord in its relocation notice, which date will not be less than at least ninety (90) days after prior written notice, may require Tenant to move from the date Premises to other space of comparable utility, size and decor within the project in which the Building is located in order to permit Landlord to consolidate the space leased to Tenant with other adjoining space leased or to be leased to another tenant. Landlord can only exercise this provision once within the term of this lease, and during the first 60 days of such notice90 day period may decline such move and, upon notice terminate the lease without penalty effective at the end of such 90 day period. If Landlord relocates TenantIn the event of any such relocation, Landlord will reimburse pay all expenses of preparing and decorating the new premises so that they will be materially equivalent to the Premises from which Tenant for is moving, and Landlord shall pay Tenant’s reasonable out-of-pocket expenses actual costs for moving Tenant’s furniture, equipment, supplies and supplies other personal property to the relocated premises, as well as the cost of printing and distributing change of address notices to Tenant’s customers and one month’s supply of stationery showing the new address. Landlord shall also reimburse Tenant for the actual cost associated with said move including but not limited to install and connect telecommunication and data cabling in the relocated premises in the manner and to the extent such cabling existed in the Premises prior to the relocation, relocating security systems, signage, amending contracts as required, and cost of delays related to business interruption and/or missed schedules and targets resulting from the Premises to move. In the Relocation Space, and other reasonable relocation costs. Tenant shall be entitled to concurrently occupy both the Premises and Relocation Space for event of a period not to exceed twenty (20) days in order to effectuate its relocation in a minimally non-disruptive manner. Upon such relocation, the Relocation Space will be deemed to be the Premises and the terms of this Lease will Lease, as amended hereby, shall remain in full force and effect and apply thereupon be deemed applicable to such new space except that Exhibit “B” (Floor Plan) attached to the Relocation Space. No amendment or other instrument Lease shall be necessary to effectuate replaced with a revised Exhibit “B” and shall reflect the relocation contemplated by this Section; however, if requested by Landlord, Tenant shall execute and deliver to Landlord an appropriate amendment document within twenty (20) days after Landlord’s request therefor. If Tenant fails to execute and deliver such relocation amendment within such time period, or if Tenant fails to relocate within the time period stated in Landlord’s relocation notice to Tenant (or, if the Relocation Space is not available on the date specified in Landlord’s relocation notice, as soon thereafter as the Relocation Space becomes available and is tendered to Tenant in the condition required by this Lease), then, in addition to Landlord’s other remedies set forth in this Lease, at law and/or in equity, Landlord may terminate this Lease by notifying Tenant in writing thereof at least sixty (60) days prior to the termination date contained in Landlord’s termination notice. Landlord’s exercise of its rights as permitted by this Section shall not (a) constitute a constructive eviction, an interference with Tenant’s right of quiet enjoyment, or a disturbance of Tenant’s right to use the Premises; and (b) subject Landlord to damages, including, but not limited to, damages for loss of goodwill, business, or profits. Time is location of the essence with respect to Tenant’s obligations under this Sectionnew premises.

RELOCATION OF TENANT. Upon prior written notice to Tenant, Landlord shall have the right to relocate Tenant to new space (the “Relocation Space”) within the Project that is comparable in size, utility, and condition to the Premises, including similar Tenant Improvements. Such relocation will be effective on a date specified by Landlord in its relocation notice, which date will not be less than ninety (90) days after the date of such notice. If Landlord relocates Tenant, Landlord will reimburse Tenant for Tenant’s reasonable out-of-pocket expenses for moving Tenant’s furniture, equipment, and supplies from the Premises to the Relocation Space, and other reasonable relocation costs. Tenant shall be entitled to concurrently occupy both the Premises and Relocation Space for a period not to exceed twenty (20) days in order to effectuate its relocation in a minimally non-disruptive manner. Upon such relocation, the Relocation Space will be deemed to be the Premises and the terms of this Lease will remain in full force and effect and apply to the Relocation Space. No amendment or other instrument shall be necessary to effectuate the relocation contemplated by this Section; however, if requested by Landlord, Tenant shall execute and deliver to Landlord an appropriate amendment document within twenty (20) days after Landlord’s request therefor. If Tenant fails to execute and deliver such relocation amendment within such time periodat its sole expense, or if Tenant fails to relocate within the time period stated in Landlord’s relocation notice to Tenant (or, if the Relocation Space is not available on the date specified in Landlord’s relocation notice, as soon thereafter as the Relocation Space becomes available and is tendered to Tenant in the condition required by this Lease), then, in addition to Landlord’s other remedies set forth in this Lease, at law and/or in equity, Landlord may terminate this Lease by notifying Tenant in writing thereof at least sixty (60) days prior written notice, may, at any time after the first (1st) year of the Term, require Tenant to move from the Premises to other space of comparable size and decor (to include comparable tenant finish out) on the North side of the Building in order to permit Landlord to consolidate the space leased to Tenant with other adjoining space leased or to be leased to another tenant. In the event of any such relocation, Landlord will pay all expenses of preparing, constructing and decorating the new premises so that they will be substantially similar to the termination date contained in Landlord’s termination notice. Landlord’s exercise Premises from which Tenant is moving, and Landlord will also pay the expense of its rights as permitted by this Section shall not (a) constitute a constructive eviction, an interference with moving Tenant’s right furniture and equipment to the relocated premises, together with the cost of quiet enjoymentrelocating Tenant’s then existing data and telecommunication cabling and equipment from the Premises to the new space, or a disturbance and, the cost (not exceeding $500.00) of obtaining new stationary and business cards with Txxxxx’s address thereon of the same quantity and quality of Tenant’s right supply on hand immediately prior to use Landlord’s notice to Tenant of exercise of this relocation right. In such event this Lease and each and all of the terms and covenants and conditions hereof shall remain in full force and effect and thereupon be deemed applicable to such new space except that revised Reference Pages and a revised Exhibit A shall become part of this Lease and shall reflect the location of the new premises. In no event shall the new space be smaller in size than the Premises; , unless such reduction is marginal (i.e. by no more than two hundred (200) feet). If the new space is smaller in size than the Premises, then the rent and (b) subject Landlord to damages, including, but not limited to, damages for loss of goodwill, business, or profits. Time is other provisions in this Lease which are dependent upon the size of the essence with respect space shall be proportionately reduced. If the new space is larger than the Premises, then the additional square footage shall be discounted for purposes of calculating the rent payable by Tenant so that Tenant shall not be required to Tenantpay a Monthly Installment of Rent in excess of the amount shown in the rent schedule on the Reference Pages. In addition, Txxxxx’s obligations Proportionate Share and any other charges payable by Tenant under this SectionLease which are dependent upon the size of the Premises shall not be increased by virtue of the increase in size of the new space.

RELOCATION OF TENANT. Upon Lessor expressly reserves the right to remove Lessees from the Expansion Space and to relocate Lessees in some other space of Lessor's choosing of approximately the same dimensions and size within the Shopping Center. If said relocation occurs after Lessees have expended money to improve or prepare the Expansion Space for occupancy, then Lessor shall, at Lessor's sole cost and expense, prepare the new premises to substantially the same condition as the Expansion Space was in prior written to notice of relocation and Lessor shall otherwise reimburse Lessees for any costs directly attributable to Tenant, Landlord said relocation. Lessor shall have the right right, in Lessor's sole discretion, to use such decoration; and materials from the existing Expansion Space, or other materials so that the space in which Lessees are relocated shall be comparable in its interior design and decoration to the Expansion Space from which Lessees are removed. Any provisions pertaining to the rentable area of the Expansion Space shall be applied to the space in which Lessees are relocated on the same basis as said provisions were applied to the Expansion Space from which Lessees are removed. Lessor shall notify Lessees in writing of Lessor's intention to relocate Tenant the Expansion Space (Notice of Relocation). In the event that Lessees do not wish to new space (relocate the “Relocation Space”) within the Project that is comparable in size, utility, and condition to the Premises, including similar Tenant Improvements. Such relocation will be effective on a date specified by Landlord in its relocation notice, which date will not be less than ninety (90) days after the date of such notice. If Landlord relocates Tenant, Landlord will reimburse Tenant for Tenant’s reasonable out-of-pocket expenses for moving Tenant’s furniture, equipment, and supplies from the Premises to the Relocation Expansion Space, and other reasonable relocation costsLessees shall have the option to terminate the Lease for the Expansion Space only. Tenant Lessees: shall be entitled to concurrently occupy both the Premises and Relocation Space for a period not to exceed twenty (20) days so notify Lessor in order to effectuate its relocation in a minimally non-disruptive manner. Upon such relocation, the Relocation Space will be deemed to be the Premises and the terms of this Lease will remain in full force and effect and apply to the Relocation Space. No amendment or other instrument shall be necessary to effectuate the relocation contemplated by this Section; however, if requested by Landlord, Tenant shall execute and deliver to Landlord an appropriate amendment document writing within twenty (20) days after Landlord’s request thereforof Lessees' receipt of Lessor's Notice of Relocation. If Tenant fails to execute and deliver In the event that Lessees timely give such relocation amendment within such time period, or if Tenant fails to relocate within the time period stated in Landlord’s relocation notice to Tenant (or, if the Relocation Space is not available on the date specified in Landlord’s relocation notice, as soon thereafter as Lessees shall vacate the Relocation Expansion Space becomes available and is tendered to Tenant in within 90 days of the condition required by this Lease)initial Notice of Relocation. In the event that Lessees do not so notify Lessor, then, in addition to Landlord’s other remedies set forth in this Lease, at law and/or in equity, Landlord may terminate this Lease by notifying Tenant in writing thereof at least sixty (60) days prior to the termination date contained in Landlord’s termination notice. Landlord’s Lessees agree that Lessor's exercise of its rights as permitted by this Section election to remove and relocate Lessees shall not (a) constitute a constructive evictionterminate the Lease, an interference with Tenant’s right of quiet enjoymentas amended, or a disturbance of Tenant’s right release Lessees, in whole or in part, from Lessees' obligation to use pay rent and other charges and to perform the Premises; covenants and (b) subject Landlord to damages, including, but not limited to, damages agreements hereunder for loss of goodwill, business, or profits. Time is the full term of the essence with respect to Tenant’s obligations under this SectionLease, as amended.

RELOCATION OF TENANT. Upon prior written notice to TenantLandlord, Landlord shall have the right to relocate Tenant to new space (the “Relocation Space”) within the Project that is comparable in sizeat its sole expense, utility, and condition to the Premises, including similar Tenant Improvements. Such relocation will be effective on a date specified by Landlord in its relocation notice, which date will upon not be less than ninety (90) days after the date of such notice. If Landlord relocates Tenant, Landlord will reimburse Tenant for Tenant’s reasonable out-of-pocket expenses for moving Tenant’s furniture, equipment, and supplies from the Premises to the Relocation Space, and other reasonable relocation costs. Tenant shall be entitled to concurrently occupy both the Premises and Relocation Space for a period not to exceed twenty (20) days in order to effectuate its relocation in a minimally non-disruptive manner. Upon such relocation, the Relocation Space will be deemed to be the Premises and the terms of this Lease will remain in full force and effect and apply to the Relocation Space. No amendment or other instrument shall be necessary to effectuate the relocation contemplated by this Section; however, if requested by Landlord, Tenant shall execute and deliver to Landlord an appropriate amendment document within twenty (20) days after Landlord’s request therefor. If Tenant fails to execute and deliver such relocation amendment within such time period, or if Tenant fails to relocate within the time period stated in Landlord’s relocation notice to Tenant (or, if the Relocation Space is not available on the date specified in Landlord’s relocation notice, as soon thereafter as the Relocation Space becomes available and is tendered to Tenant in the condition required by this Lease), then, in addition to Landlord’s other remedies set forth in this Lease, at law and/or in equity, Landlord may terminate this Lease by notifying Tenant in writing thereof at least sixty (60) days prior written notice to Tenant (the "Relocation Notice"), may require Tenant to relocate from the Demised Premises to other premises of comparable size within the Building in order to permit Landlord to consolidate the Demised Premises with other adjoining space leased or to be leased to another tenant in or coming into the Building; provided, however, that in the event of delivery of any such Relocation Notice, Tenant, by written notice to Landlord given not later than thirty (30) days following Tenant's receipt of the Relocation Notice, may elect not to relocate to such other premises, and in lieu thereof, may terminate this Lease and Tenant shall thereafter vacate the Demised Premises no later than sixty (60) days after the expiration of such thirty (30) day period; provided, however, that if Tenant elects to so terminate this Lease, Landlord may, but shall not be required to, within ten (10) days after Landlord's receipt of Tenant's election to terminate, withdraw the Relocation Notice, in which event Tenant's termination of this Lease shall automatically be rendered null and void and this Lease shall continue in full force and effect. In the event of any such relocation, Landlord shall: (i) pay all the expenses of preparing and decorating the new premises so that such premises will be substantially similar to the termination date contained in Landlord’s termination notice. Landlord’s exercise Demised Premises; (ii) pay the expense of its rights as permitted by this Section shall not (a) constitute a constructive evictionmoving Tenant's furniture, an interference with Tenant’s right of quiet enjoymentfurnishings, or a disturbance of Tenant’s right equipment, files and other personal property to use the Premisesnew premises; and (biii) subject Landlord to damagespay the reasonable costs of replacing existing stocks of Tenant's letterhead, includingenvelopes, but not limited to, damages for loss of goodwill, business, or profitsbilling statements and other stationery having Tenant's address thereon. Time is Use and occupancy by Tenant of the essence with respect new premises shall be under and pursuant to Tenant’s obligations under the same terms, conditions and provisions of this SectionLease and Tenant shall execute any and all amendments to this Lease as Landlord shall deem necessary to effectuate the provisions of this Paragraph.

RELOCATION OF TENANT. Upon To relocate Tenant, upon one hundred eighty (180) days’ prior written notice. In such event, Landlord shall give Tenant notice (“Landlord’s Relocation Notice”) of Landlord’s election to so relocate Tenant from the Premises to another area in the Project, which notice shall specify the space to which Landlord desires to relocate Tenant (the “New Premises”). Landlord may not deliver Landlord’s Relocation Notice until the last day of the eighteenth (1 8th) month following the Commencement Date. Upon delivery of Landlord’s Relocation Notice, all Rent payable by Tenant under this Lease shall be abated for a period of one hundred eighty (180) days. Tenant shall have thirty (30) days following the date of Landlord’s Relocation Notice in which to either accept or reject relocation of the Premises to the New Premises and to provide written notice thereof to Landlord (“Tenant’s Response Notice”). Failure to timely deliver Tenant’s Response Notice shall be deemed to be Tenant’s acceptance of the New Premises and Tenant’s waiver of its right to reject relocation of the Premises to the New Premises. If, pursuant to Tenant’s Response Notice, Tenant rejects relocation of the Premises to the New Premises, Landlord shall have the right to relocate cancel and terminate this Lease by providing notice thereof to Tenant to new space (“Landlord’s Termination Notice”) which termination of this Lease shall be effective as of the date which is one hundred eighty (180) days after delivery of Landlord’s Relocation Notice (the “Relocation SpaceTermination Date”) within the Project that is comparable in size, utility, and condition ). If Landlord exercises its right to terminate this Lease pursuant to the immediately preceding sentence, Tenant shall vacate the Premises on or before the Relocation Termination Date. If Tenant is relocated to the New Premises, including similar Tenant Improvements. Such the relocation will shall be effective on a completed before the date specified by Landlord in its relocation notice, which date will not be less than ninety is one hundred eighty (90180) days after the date delivery of such notice. If Landlord relocates Tenant, Landlord will reimburse Tenant for TenantLandlord’s reasonable out-of-pocket expenses for moving Tenant’s furniture, equipmentRelocation Notice and subject to, and supplies from the Premises to the Relocation Space, and other reasonable relocation costs. Tenant shall be entitled to concurrently occupy both the Premises and Relocation Space for a period not to exceed twenty (20) days in order to effectuate its relocation in a minimally non-disruptive manner. Upon such relocationaccordance with, the Relocation Space will be deemed to be the Premises and the terms of this Lease will remain in full force and effect and apply to the Relocation Space. No amendment or other instrument shall be necessary to effectuate the relocation contemplated by this Section; however, if requested by Landlord, Tenant shall execute and deliver to Landlord an appropriate amendment document within twenty (20) days after Landlord’s request therefor. If Tenant fails to execute and deliver such relocation amendment within such time period, or if Tenant fails to relocate within the time period stated in Landlord’s relocation notice to Tenant (or, if the Relocation Space is not available on the date specified in Landlord’s relocation notice, as soon thereafter as the Relocation Space becomes available and is tendered to Tenant in the condition required by this Lease), then, in addition to Landlord’s other remedies set forth in this Lease, at law and/or in equity, Landlord may terminate this Lease by notifying Tenant in writing thereof at least sixty (60) days prior to the termination date contained in Landlord’s termination notice. Landlord’s exercise of its rights as permitted by this Section shall not (a) constitute a constructive eviction, an interference with Tenant’s right of quiet enjoyment, or a disturbance of Tenant’s right to use the Premises; and (b) subject Landlord to damages, including, but not limited to, damages for loss of goodwill, business, or profits. Time is of the essence with respect to Tenant’s obligations under this Section.following:

RELOCATION OF TENANT. Upon prior written notice to Tenant, It is understood and agreed that Landlord shall have the right right, at its sole cost and expense, to relocate Tenant to new space other reasonably comparable premises within the Building as Landlord deems necessary or advisable (the “Relocation Comparable Space”), provided that (i) within Landlord shall pay the Project that is comparable in sizereasonable and actual costs to move Tenant’s moveable fixtures, utilityfurniture and equipment into the Comparable Space, and condition to (ii) the Premises, including similar Tenant Improvements. Such relocation will be effective on a date specified by Landlord in its relocation notice, which date will square footage of the Comparable Space shall not be less than ninety percent (90%) of the square footage of the Premises unless Tenant agrees otherwise, and (iii) upon occupancy of the Comparable Space, Base Rent and Additional Rent payable under this Lease shall be adjusted to reflect the square footage of the Comparable Space as set forth in an Architect’s Certificate for the Comparable Space, provided that in no event shall the Base Rent and Additional Rent for the Comparable Space exceed the Base Rent and Additional Rent for the Demised Premises. Landlord shall provide written notice to Tenant of relocation no less than sixty (60) days after the date of such notice. If Landlord relocates Tenant, Landlord will reimburse Tenant for Tenant’s reasonable out-of-pocket expenses for moving Tenant’s furniture, equipment, and supplies from the Premises prior to the Relocation Space, and other reasonable relocation costs. Tenant shall be entitled to concurrently occupy both the Premises and Relocation Space for a period not to exceed twenty (20) days in order to effectuate its relocation in a minimally non-disruptive manner. Upon such relocation, and Tenant shall relocate to the Relocation Comparable Space will be deemed within ten (10) business days following Landlord’s notice to be Tenant that the Premises and the terms Comparable Space is ready for occupancy. Tenant agrees to execute within ten (10) days of Landlord’s request, a modification of this Lease will remain in full force and effect and apply documenting the change to the Relocation SpaceComparable Space and the adjustments in Base Rent and Additional Rent. No amendment or All other instrument terms and conditions of this Lease shall be necessary to effectuate remain unchanged. In the relocation contemplated by this Section; however, if requested by Landlord, Tenant shall execute and deliver to Landlord an appropriate amendment document within twenty (20) days after Landlord’s request therefor. If event Tenant fails to execute and deliver such relocation amendment within such time period, or if Tenant fails refuses to relocate within at the time period stated in Landlord’s relocation notice to Tenant end of the aforesaid sixty (or, if the Relocation Space is not available on the date specified in Landlord’s relocation notice, as soon thereafter as the Relocation Space becomes available and is tendered to Tenant in the condition required by this Lease), then, in addition to Landlord’s other remedies set forth in this Lease, at law and/or in equity60)-day period, Landlord may terminate this Lease by notifying giving Tenant in writing thereof at least sixty ten (6010) days prior to the termination date contained in Landlord’s termination notice. Landlord’s exercise written notice of its rights as permitted by this Section shall not (a) constitute a constructive eviction, an interference with Tenant’s right of quiet enjoyment, or a disturbance of Tenant’s right to use the Premises; and (b) subject Landlord to damages, including, but not limited to, damages for loss of goodwill, business, or profits. Time is of the essence with respect to Tenant’s obligations under this Sectiontermination.

RELOCATION OF TENANT. Upon prior written notice to Tenant, Landlord shall have reserves the right to relocate Tenant to new space (the “Relocation Space”) within the Project that is comparable in size, utility, and condition to the Premises, including similar Tenant Improvements. Such relocation will be effective on a date specified by Landlord in its relocation notice, which date will not be less than ninety (90) days after the date execution, or during the term of such notice. If Landlord relocates Tenantthis Lease, Landlord will reimburse at its sole cost and expense, to remove the Tenant for Tenant’s reasonable out-of-pocket expenses for moving Tenant’s furniture, equipment, and supplies from the Premises and relocate Tenant in some other space of Landlord"s choosing of approximately the same dimensions and size within the office Center which other space shall be decorated by Landlord at Landlord"s expense and in its direction to use such decorations and materials from the existing Premises, or other materials, so that the space in which Tenant is relocating shall be comparable in its interior design and decoration to the Relocation SpacePremises from which Tenant Is removed; provided however, that the Landlord exercises its election to remove and relocate the Tenant in other reasonable relocation costs. space within the Office Center, which is at that time leasing for a higher rental rate, then Tenant shall not be entitled required to concurrently occupy both pay the Premises and Relocation Space for a period not to exceed twenty (20) days in order to effectuate its relocation in a minimally non-disruptive manner. Upon such relocation, difference between the Relocation Space will be deemed to be then rent of the Premises and the terms higher rental rate of this Lease will remain the space in full force which Tenant is relocated; provided further, that if Tenant is removed and effect and apply relocated in other space within the Office Center which is then leasing at a rental rate less than the rental rate of the Premises at that time, Tenant"s rent shall be reduced to the Relocation Spacerental rate then being charged for the space in which Tenant has been relocated. No amendment or other instrument shall be necessary to effectuate Tenant, by the relocation contemplated by this Section; however, if requested by Landlord, Tenant shall execute and deliver to Landlord an appropriate amendment document within twenty (20) days after Landlord’s request therefor. If Tenant fails to execute and deliver such relocation amendment within such time period, or if Tenant fails to relocate within the time period stated in Landlord’s relocation notice to Tenant (or, if the Relocation Space is not available on the date specified in Landlord’s relocation notice, as soon thereafter as the Relocation Space becomes available and is tendered to Tenant in the condition required by this Lease), then, in addition to Landlord’s other remedies set forth in execution of this Lease, at law and/or in equity, Landlord may terminate this Lease by notifying Tenant in writing thereof at least sixty (60) days prior to acknowledges the termination date contained in Landlord’s termination notice. Landlord’s exercise of its rights as permitted by this Section shall not (a) constitute a constructive eviction, an interference with Tenant’s foregoing right of quiet enjoymentLandlord, or a disturbance of and no rights herein granted to Tenant’s right to use the Premises; and (b) subject Landlord to damages, including, but not limited to, damages for loss the right of goodwillpeaceful and quiet enjoyment, businessshall be deemed or construed to have been breached or interfered with by reason of Landlord"s exercise of the right herein reserved in this Section 36. In the event of the removal and relocation of Tenant, Landlord"s sole obligation shall be the actual cost of relocating and decorating the space in which Tenant is relocated, and Tenant agrees that Landlord"s exercise of its election to remove and relocate Tenant shall not terminate the Lease, or profitsrelease the Tenant in whole or in part from Tenant"s obligation to pay rents ant perform the covenants and agreements hereunder for the full term of this Lease. Time is 37. ADMINISTRATIVE CHARGES: In the event any check, bank draft or negotiable instrument given for any money payment hereunder shall be dishonored at any time and from time to time, for any reason whatsoever not attributable to Landlord, Landlord shall be entitled, in addition to any other remedy that may be available, to make an administrative charge of the essence with respect to Tenant’s obligations under this Section$25.00.

RELOCATION OF TENANT. Upon prior written notice to Tenant, Landlord shall have a one-time right at any time after the right seventh (7th) anniversary of the Commencement Date to relocate Tenant to new space substitute for the Premises other premises in the Project, or any other comparable building owned by Landlord or any Landlord affiliate in Emeryville (the “Relocation SpaceNew Premises”) within ), in which event the Project that is comparable in size, utility, and condition to the Premises, including similar Tenant Improvements. Such relocation will be effective on a date specified by Landlord in its relocation notice, which date will not be less than ninety (90) days after the date of such notice. If Landlord relocates Tenant, Landlord will reimburse Tenant for Tenant’s reasonable out-of-pocket expenses for moving Tenant’s furniture, equipment, and supplies from the New Premises to the Relocation Space, and other reasonable relocation costs. Tenant shall be entitled to concurrently occupy both the Premises and Relocation Space for a period not to exceed twenty (20) days in order to effectuate its relocation in a minimally non-disruptive manner. Upon such relocation, the Relocation Space will be deemed to be the Premises for all purposes under this Lease, provided that (i) the New Premises shall be substantially the same as the Premises in area and interior functionality; (ii) Landlord shall pay all costs and expenses of physically moving Tenant, its property and equipment to the terms New Premises; (iii) Landlord shall give Tenant not less than one hundred twenty (120) days’ prior written notice of this Lease will such substitution; (iv) Landlord, at its expense, shall improve the New Premises with improvements substantially the same as those in the Premises at the time of such substitution; (v) there shall be no downtime in the operation of Tenant’s business as a result of the substitution, with the result that the existing Premises (including all of the improvements, and Tenant’s property and equipment therein) must remain in full force place and effect fully functional until such time as Landlord, at its expense, has caused the New Premises to be fully functional with like property and apply equipment); (vi) notwithstanding anything to the Relocation Space. No amendment or other instrument shall be necessary to effectuate the relocation contemplated by this Section; however, if requested by Landlord, Tenant shall execute and deliver to Landlord an appropriate amendment document within twenty (20) days after Landlord’s request therefor. If Tenant fails to execute and deliver such relocation amendment within such time period, or if Tenant fails to relocate within the time period stated in Landlord’s relocation notice to Tenant (or, if the Relocation Space is not available on the date specified in Landlord’s relocation notice, as soon thereafter as the Relocation Space becomes available and is tendered to Tenant in the condition required by this Lease), then, in addition to Landlord’s other remedies set forth contrary in this Lease, at law and/or in equitythe event of relocation, Landlord may terminate this Lease by notifying Tenant in writing thereof at least sixty (60) days prior shall have no restoration obligations with respect to the termination date contained in Landlord’s termination notice. Landlord’s exercise of its rights Premises as permitted by this Section they existed before the relocation or with respect to the New Premises; (vii) Tenant shall not be obligated to incur or pay any costs or expenses of the relocation, including without limitation, any increased Rent; (aviii) constitute a constructive eviction, an interference with Tenant’s right of quiet enjoyment, or a disturbance of Tenant’s Tenant shall have the right to use approve the Premises; size and (b) subject Landlord to damages, including, but not limited to, damages for loss of goodwill, business, or profits. Time is location of the essence New Premises, which approval shall not be unreasonably withheld; (ix) if the New Premises are smaller than the Premises as they existed before the relocation, Monthly Base Rent, Rent Adjustments and Rent Adjustment Deposits shall be proportionately reduced; (x) Landlord shall be responsible for obtaining all necessary use permits from the City of Emeryville with respect to Tenant’s obligations under operations in the New Premises, and Tenant shall reasonably cooperate with Landlord in Landlord’s efforts to obtain such permits; and (xi) Tenant shall have parking and signage rights with respect to the New Premises reasonably comparable to the parking and signage rights outlined in this SectionLease.

RELOCATION OF TENANT. Upon prior written notice to TenantLandlord, Landlord shall have the right to relocate Tenant to new space (the “Relocation Space”) within the Project that is comparable in sizeat its sole expense, utility, and condition to the Premises, including similar Tenant Improvements. Such relocation will be effective on a date specified by Landlord in its relocation notice, which date will not be less than at least ninety (90) days after the date of such prior written notice. If Landlord relocates Tenant, Landlord will reimburse may require Tenant for Tenant’s reasonable out-of-pocket expenses for moving Tenant’s furniture, equipment, and supplies to move from the Premises to the Relocation Space, other space of comparable size and other reasonable relocation costs. Tenant shall be entitled to concurrently occupy both the Premises and Relocation Space for a period not to exceed twenty (20) days decor in order to effectuate permit Landlord to consolidate the space leased to Tenant with other adjoining space leased or to be leased to another tenant. If the new space in the Building offered to Tenant is not acceptable to Tenant, Tenant may terminate this Lease by written notice to Landlord given not later than ten (10) days after Tenant inspects the new space, such termination to be effective on the date originally specified for relocation in Landlord’s relocation notice. However, Landlord may withdraw its relocation notice and nullify Tenant’s termination of the Lease by written notice to Tenant given not later than ten (10) days after Landlord’s receipt of Tenant’s termination notice, whereupon the Lease shall continue in a minimally non-disruptive mannerfull force and effect without relocating the Premises. Upon In the event of any such relocation, Landlord will pay all expenses of preparing and decorating the Relocation Space new premises so that they will be deemed substantially similar to be the Premises from which Tenant is moving, and Landlord will also pay the expense of moving Tenant’s furniture and equipment to the relocated premises, as well as all other reasonable out of pocket costs incurred by Tenant due to the relocation, such as new stationery and business cards. In such event this Lease and each and all of the terms of this Lease will and covenants and conditions hereof shall remain in full force and effect and apply thereupon be deemed applicable to the Relocation Space. No amendment or other instrument such new space except that revised Reference Pages and a revised Exhibit A shall be necessary to effectuate the relocation contemplated by this Section; however, if requested by Landlord, Tenant shall execute and deliver to Landlord an appropriate amendment document within twenty (20) days after Landlord’s request therefor. If Tenant fails to execute and deliver such relocation amendment within such time period, or if Tenant fails to relocate within the time period stated in Landlord’s relocation notice to Tenant (or, if the Relocation Space is not available on the date specified in Landlord’s relocation notice, as soon thereafter as the Relocation Space becomes available and is tendered to Tenant in the condition required by this Lease), then, in addition to Landlord’s other remedies set forth in this Lease, at law and/or in equity, Landlord may terminate become part of this Lease by notifying Tenant in writing thereof at least sixty (60) days prior to and shall reflect the termination date contained in Landlord’s termination noticelocation of the new premises. Landlord’s exercise of its rights as permitted by right to relocate under this Section shall not (a) constitute a constructive eviction, an interference with Tenant’s right of quiet enjoyment, may only be exercised once during the Term or a disturbance of Tenant’s right to use the Premises; and (b) subject Landlord to damages, including, but not limited to, damages for loss of goodwill, business, or profits. Time is of the essence with respect to Tenant’s obligations under this Sectionany extension thereof.

RELOCATION OF TENANT. Upon prior written notice Landlord’s request and, if mutually convenient to Tenantboth parties, Landlord shall have expressly reserves the right after the execution and during the Term of this Lease, or any extension or renewal thereof, at its sole cost and expense, to remove the Tenant from the Premises and relocate the Tenant to new some other space (of Landlord's choosing of approximately the “Relocation Space”) same size within the Project Project, which other space shall be built-out and decorated by Landlord at Landlord's expense and Landlord may in its discretion use such decorations and materials from the existing Premises or other materials, so that the space in which Tenant is relocated is comparable in size, utility, its interior design and condition decoration to the Premises, including similar Premises from which Tenant Improvementsis removed. Such relocation will be effective on a date specified by Landlord in its relocation notice, which date will not be less than ninety (90) days after the date of such notice. If Landlord relocates Tenant, Landlord will reimburse Tenant for Tenant’s reasonable out-of-pocket expenses for moving Tenant’s furniture, equipment, and supplies from by the Premises to the Relocation Space, and other reasonable relocation costs. Tenant shall be entitled to concurrently occupy both the Premises and Relocation Space for a period not to exceed twenty (20) days in order to effectuate its relocation in a minimally non-disruptive manner. Upon such relocation, the Relocation Space will be deemed to be the Premises and the terms execution of this Lease will remain in full force and effect and apply to the Relocation Space. No amendment or other instrument shall be necessary to effectuate the relocation contemplated by this Section; however, if requested by Landlord, Tenant shall execute and deliver to Landlord an appropriate amendment document within twenty (20) days after Landlord’s request therefor. If Tenant fails to execute and deliver such relocation amendment within such time period, or if Tenant fails to relocate within the time period stated in Landlord’s relocation notice to Tenant (or, if the Relocation Space is not available on the date specified in Landlord’s relocation notice, as soon thereafter as the Relocation Space becomes available and is tendered to Tenant in the condition required by this Lease), then, in addition to Landlord’s other remedies set forth in this Lease, at law and/or acknowledges the foregoing right of Landlord, and no rights granted in equity, Landlord may terminate this Lease by notifying Tenant in writing thereof at least sixty (60) days prior to the termination date contained in Landlord’s termination notice. Landlord’s exercise of its rights as permitted by this Section shall not (a) constitute a constructive eviction, an interference with Tenant’s right of quiet enjoyment, or a disturbance of Tenant’s right to use the Premises; and (b) subject Landlord to damages, including, but not limited to, damages for loss the right of goodwillpeaceful and quiet enjoyment, business, shall be deemed to have been breached or profits. Time is interfered with by reason of Landlord's exercise of the essence right of relocation reserved in this Paragraph. Landlord's sole obligation for costs and expenses of removal and relocation shall be the actual cost of relocating and decorating the space in which Tenant is relocated and the reasonable moving costs of Tenant actually incurred in connection with respect the same, and Tenant agrees that Landlord's exercise of its election to remove and relocate Tenant shall not terminate this Lease or release the Tenant’s obligations under , in whole or in part, from the Tenant's obligation to pay the Rents and perform the covenants and agreements hereunder for the full Term of this SectionLease.