Common use of Rent and Term Clause in Contracts

Rent and Term. The Must-Take 1 Space shall become part of the Premises for all purposes hereunder on the Must-Take 1 Lease Commencement Date, and, except as otherwise provided in this Section 1.5, shall be subject to every term and condition of this Lease. Notwithstanding the foregoing, Tenant’s obligation to pay Base Rent and Tenant’s Share of Direct Expenses with respect to the Must-Take 1 Space shall commence on the date that occurs two hundred two (210) days after the Must-Take 1 Lease Commencement Date (the “Must-Take 1 Rent Commencement Date”). The Base Rent and Tenant’s Share of Direct Expenses for the Must-Take 1 Space shall be at the same rate per rentable square foot, and shall thereafter be escalated in the same manner, as the then current Base Rent for the Initial Premises located in the podium, as such Base Rent and Additional Rent are adjusted and escalated pursuant to the terms of this Lease. Furthermore, for purposes of calculating Tenant’s obligations under Article 4 of this Lease, Tenant’s Share shall be 1.56%, and the Base Year applicable to the Must-Take 1 Space shall be the calendar year in which the Must-Take 1 Rent Commencement Date occurs if it occurs on or before July 31 and the following calendar year if it occurs after July 31. The lease term for the Must-Take 1 Space shall commence on the Must-Take 1 Lease Commencement Date, Tenant shall commence payment of the Base Rent and the Tenant’s Share of Direct Expenses for the Must-Take 1 Space upon the Must-Take 1 Rent Commencement Date, and the lease term for the Must-Take 1 Space shall expire upon the Lease Expiration Date, as extended.

Rent and Term. The Must-Take 1 2 Space shall become part of the Premises for all purposes hereunder on the Must-Take 1 2 Lease Commencement Date, and, except as otherwise provided in this Section 1.5, shall be subject to every term and condition of this Lease. Notwithstanding the foregoing, Tenant’s obligation to pay Base Rent and Tenant’s Share of Direct Expenses with respect to the Must-Take 1 2 Space shall commence on the date that occurs two hundred two (210) days after the Must-Take 1 2 Lease Commencement Date (the “Must-Take 1 2 Rent Commencement Date”). The Base Rent and Tenant’s Share of Direct Expenses for the Must-Take 1 2 Space shall be at the same rate per rentable square foot, and shall thereafter be escalated in the same manner, as the then current Base Rent for the Initial Premises located in the podium, as such Base Rent and Additional Rent are adjusted and escalated pursuant to the terms of this Lease. Furthermore, for purposes of calculating Tenant’s obligations under Article 4 of this Lease, Tenant’s Share shall be 1.564.80%, and the Base Year applicable to the Must-Take 1 2 Space shall be the calendar year in which the Must-Take 1 2 Rent Commencement Date occurs if it occurs on or before July 31 and the following calendar year if it occurs after July 31. The lease term for the Must-Take 1 2 Space shall commence on the Must-Take 1 2 Lease Commencement Date, Tenant shall commence payment of the Base Rent and the Tenant’s Share of Direct Expenses for the Must-Take 1 2 Space upon the Must-Take 1 2 Rent Commencement Date, and the lease term for the Must-Take 1 2 Space shall expire upon the Lease Expiration Date, as extended.

Rent and Term. The lease term for the Must-Take 1 Space shall commence, and Tenant shall commence payment of “Rent” (as that term is defined in Section 4.1 of this Lease) for the Must-Take Space, on the Must-Take Space Commencement Date, and the lease term for the Must-Take Space shall expire upon the Lease Expiration Date (such period during which Tenant leases the Must-Take Space shall be referred to as the “Must-Take Term”). Upon the Must-Take Space Commencement Date, the Must-Take Space shall become part of the Premises for all purposes hereunder on the Must-Take 1 Lease Commencement Datehereunder, and, except as otherwise provided in this Section 1.5, 1.3 shall be subject to every term and condition all of the TCCs of this Lease. Notwithstanding Lease and accordingly, the foregoing, Tenant’s obligation to pay Base Rent base rent and Tenant’s Share of Direct Expenses with respect to the Must-Take 1 Space shall commence on the date that occurs two hundred two (210) days after the Must-Take 1 Lease Commencement Date (the “Must-Take 1 Rent Commencement Date”). The Base Rent and Tenant’s Share of Direct Expenses additional rent for the Must-Take 1 Space shall be at the same rate per rentable square footrate, and shall thereafter be escalated in the same manner, as the then then-current Base Rent and “Additional Rent” (as that term is defined in Section 4.1 below) for the Initial Premises located in the podiuminitial Premises, as such Base Rent and Additional Rent are adjusted and escalated pursuant to the terms of this Lease; provided, however, in no event shall Tenant be entitled to the “Initial Premises Base Rent Abatement” (as that term is defined in Section 3.2 of this Lease), and Tenant shall only be entitled to the “Must-Take Base Rent Abatement” (as that term is defined in Section 3.3 of this Lease); provided further, however, Landlord’s contribution towards the cost of the Improvements in the Must-Take Space shall not exceed the “Must-Take Space Improvement Contribution Amount” (as that term is defined in Section 13.2 of the Summary), as more particularly contemplated by Section 1.3.4 below. Furthermore, for purposes of calculating Tenant’s obligations under Article 4 of this Lease, Tenant’s Share of Direct Expenses shall be 1.56%, and the Base Year applicable to effective as of the Must-Take 1 Space shall be Commencement Date increased as contemplated by Section 6 of the calendar year in which Summary. At any time during the Tenant’s lease of the Must-Take 1 Rent Commencement Date occurs if it occurs on or before July 31 and Space, Landlord may deliver to Tenant a notice in the following calendar year if it occurs after July 31. The lease term for form set forth in Exhibit C, attached hereto, as a confirmation of the actual Must-Take 1 Space shall commence on the Must-Take 1 Lease Commencement Date, which Tenant shall commence payment execute and return such notice to Landlord within ten (10) business days of the Base Rent and the Tenant’s Share of Direct Expenses for the Must-Take 1 Space upon the Must-Take 1 Rent Commencement Date, and the lease term for the Must-Take 1 Space shall expire upon the Lease Expiration Date, as extendedreceipt thereof.

Rent and Term. The From and after the Must-Take 1 Delivery Date, the Must-Take Space shall become part of the Premises for all purposes hereunder on the Must-Take 1 Lease Commencement Datehereunder, and, except as otherwise provided in this Section 1.51.3, shall be subject to every term and condition of this Lease. Notwithstanding Lease and accordingly, the foregoing, Tenant’s obligation to pay Base Rent and Tenant’s Share of Direct Expenses with respect to the Must-Take 1 Space shall commence on the date that occurs two hundred two (210) days after the Must-Take 1 Lease Commencement Date (the “Must-Take 1 Rent Commencement Date”). The Base Rent and Tenant’s Share of Direct Expenses base rent for the Must-Take 1 Space shall be at the same rate per rentable square foot, and shall thereafter be escalated in the same manner, as the then current “Base Rent Rent,” as that term is defined in Article 3 of this Lease, for the Initial Premises located in the podiuminitial Premises, as such Base Rent and Additional Rent are is adjusted and escalated pursuant to the terms of this Lease. Furthermore, for purposes of calculating Tenant’s obligations under Article 4 of this Lease, (i) Tenant’s Share shall be 1.56%of “Direct Expenses,” as that term is defined in Article 4 of this Lease, and the Base Year applicable to the Must-Take 1 Space shall be equal to 17.4236% (i.e., the rentable square footage of the Must-Take Space (116,732) divided by the rentable square footage of the Building (669,996)), and (ii) the Base Year for the Must-Take Space shall be the calendar year in which 2020; provided, however, that if the Must-Take 1 Rent Commencement Delivery Date occurs if it occurs on from or before July 31 and after October 1, 2020, the following Base Year for the Must-Take Space shall be the calendar year if it occurs after July 312021. The lease term for the Must-Take 1 Space shall commence on the Must-Take 1 Lease Commencement Datecommence, and Tenant shall commence payment of the Base Rent and the Tenant’s Share of Direct Expenses Additional Rent for the Must-Take 1 Space Space, upon the date that occurs one hundred eighty (180) days after the Must-Take 1 Rent Delivery Date (the “Must-Take Commencement Date”), and the lease term Lease Term for the Must-Take 1 Space shall expire upon the Lease Expiration DateDate (the “Must-Take Space Term”). Notwithstanding the immediately preceding sentence, provided that Tenant is not then in default of this Lease beyond any applicable notice and cure period expressly set forth in this Lease (hereinafter, “Default”), then during the initial six (6) full calendar months of the Must-Take Space Term (the “Must-Take Rent Abatement Period”), Tenant shall not be obligated to pay any Base Rent otherwise attributable to the Must-Take Space during such Must-Take Rent Abatement Period (the “Must-Take Rent Abatement”). Landlord and Tenant acknowledge that, provided the entire Must-Take Rent Abatement Period occurs during Lease Year 3, the aggregate amount of the Must-Take Rent Abatement equals $4,024,919.34 (i.e., an amount equal to $670,819.89 per month, which amount shall be adjusted for any month during the Must-Take Rent Abatement Period that does not occur during Lease Year 3). If at any time during the Must-Take Rent Abatement Period, Tenant would otherwise be entitled to an abatement of rent payable under this Lease (e.g., pursuant to the provisions of Article 13, below, or Section 19.5.2 below, then the Must-Take Rent Abatement Period shall be deemed suspended during the period during which Tenant is otherwise entitled to an abatement of rent payable under this Lease and shall be reinstated following the expiration of such other period of rent abatement) subject to the aggregate amount of Must-Take Rent Abatement in the immediately preceding sentence). Tenant acknowledges and agrees that the foregoing Must-Take Rent Abatement has been granted to Tenant as additional consideration for entering into this Lease, and for agreeing to pay the rental and performing the terms and conditions otherwise required under this Lease. If Tenant shall be in Default under this Lease at any time prior to the expiration of the Must-Take Rent Abatement Period, and shall fail to cure such Default within the notice and cure period, if any, permitted for cure pursuant to the terms and conditions of this Lease, or if this Lease is terminated prior to the expiration of the Must-Take Rent Abatement Period for any reason other than as described in Article 11, below, or Article 13, below or Landlord’s breach of this Lease, then the dollar amount of the unapplied portion of the Must-Take Rent Abatement as of the date of such Default or termination, as extendedthe case may be, shall be converted to a credit to be applied to the Base Rent applicable for the Must-Take Space at the end of the Lease Term, and Tenant shall immediately be obligated to begin paying Base Rent for the Must-Take Space in full.

Rent and Term. The As of the Must-Take 1 Commencement Date, the Must-Take Space 1 shall become part of the Premises for all purposes hereunder on the Must-Take 1 Lease Commencement Datehereunder, and, except as otherwise expressly provided in this Section 1.51.3, shall be subject to every term and condition of this Lease. Notwithstanding The lease term for the foregoing, Tenant’s obligation to pay Base Rent and Tenant’s Share of Direct Expenses with respect to Must-Take Space 1 shall commence on the Must-Take 1 Space shall commence on Commencement Date; and the date that occurs two hundred two (210) days after lease term for the Must-Take Space 1 shall expire, unless earlier terminated, upon the Lease Commencement Date Expiration Date; and Tenant shall commence payment of the Must-Take Space 1 Base Rent and the Additional Rent for the Must-Take Space 1 (in addition to the “Initial Premises Base Rent and the Additional Rent for the Initial Premises) on the Must-Take 1 Rent Commencement Date”); and the amount of the Must-Take Space 1 Base Rent shall be increased on each Xxxx 1 & 2 Rent Adjustment Date in accordance with Section 4.2 of the Summary. The Notwithstanding the foregoing, and for the avoidance of doubt as to the exact amount payable by Tenant as the monthly installment of Initial Premises Base Rent and Tenant’s Share of Direct Expenses for Must-Take Space 1 Base Rent, promptly following the Must-Take 1 Space Rent Commencement Date, Landlord and Tenant shall be at enter into an amendment to this Lease amending and restating Sections 4.1 thru 4.3 of the same rate per rentable square foot, and shall thereafter be escalated Summary in the same manner, as the then current form of a Base Rent Schedule for the Initial Premises located in and Must-Take Space 1, to be attached and incorporated as an exhibit to this Lease, setting forth the podium, as such exact Xxxx 1 & 2 Adjustment Dates and the related adjustments to Annual Base Rent and Additional the monthly installments of Annual Base Rent are adjusted payable by Tenant for the Initial Premises and escalated pursuant to Must-Take Space 1, and the terms exact monthly installments of this LeaseBase Rent payable by Tenant for the Initial Premises and the Must-Take Space 1 for the duration of the Lease Term. Furthermore, for purposes of calculating Tenant’s 's obligations under Article 4 of this Lease, Tenant’s 's Share of Building Direct Expenses for the Xxxx 2 Building shall be 1.56%, and increased in accordance with Section 6 of the Base Year applicable to Summary as of the Must-Take 1 Space shall be the calendar year in which the Must-Take 1 Rent Commencement Date occurs if it occurs on or before July 31 and the following calendar year if it occurs after July 31. The lease term for the Must-Take 1 Space shall commence on the Must-Take 1 Lease Commencement Date, Tenant shall commence payment of the Base Rent and the Tenant’s Share of Direct Expenses for the Must-Take 1 Space upon the Must-Take 1 Rent Commencement Date, and the lease term for the Must-Take 1 Space shall expire upon the Lease Expiration Date, as extended.

Rent and Term. The As of the Must-Take 1 3 Commencement Date, the Must-Take Space 3 shall become part of the Premises for all purposes hereunder on the Must-Take 1 Lease Commencement Datehereunder, and, except as otherwise expressly provided in this Section 1.51.5.3, shall be subject to every term and condition of this Lease. Notwithstanding the foregoing, Tenant’s obligation to pay Base Rent and Tenant’s Share Tenant shall commence payment of Direct Expenses with respect to the Must-Take 1 Space shall commence on the date that occurs two hundred two (210) days after the Must-Take 1 Lease Commencement Date (the “Must-Take 1 Rent Commencement Date”). The 3 Base Rent and Tenant’s Share of Direct Expenses the Additional Rent for the Must-Take Space 3 (in addition to the Initial Premises Base Rent, the Must-Take Space 1 Base Rent and any Must-Take Space shall be at the same rate per rentable square foot2 Base Rent, and shall thereafter be escalated in the same manner, as the then current Base Additional Rent payable for the Initial Premises located Premises, Must-Take Space 1 and Must-Take Space 2) on the Must-Take 3 Rent Commencement Date; and the amount of the Must-Take Space 3 Base Rent shall be increased on each Xxxx 1 & 2 Rent Adjustment Date in accordance with Section 4.9 of the podiumSummary. Notwithstanding the foregoing, and for the avoidance of doubt, promptly following the Must-Take 3 Rent Commencement Date, Landlord and Tenant shall enter into an amendment to this Lease amending and restating Sections 4.9 and 4.10 of the Summary, and the Base Rent Schedule prepared by Landlord in accordance with Section 1.3.3 above, as such a new Base Rent Schedule for the Initial Premises, Must-Take Space 1 and Additional Rent are adjusted Must-Take Space 3, collectively, to be attached to and escalated pursuant to the terms of incorporated into this Lease, setting forth the exact dates of adjustment to Annual Base Rent payable for the Initial Premises, Must-Take Space 1 and Must-Take Space 3, collectively, the exact monthly installments of such Annual Base Rent amount payable by Tenant during the remaining Lease Term. Furthermore, for purposes of calculating Tenant’s 's obligations under Article 4 of this Lease, Tenant’s 's Share of Building Direct Expenses for the Xxxx 2 Building shall be 1.56%, and increased in accordance with Section 6 of the Base Year applicable to Summary as of the Must-Take 1 Space shall be the calendar year in which the Must-Take 1 3 Rent Commencement Date occurs if it occurs on or before July 31 and the following calendar year if it occurs after July 31Date. The lease term for the Must-Take 1 Space 3 shall commence on the Must-Take 1 Lease 3 Commencement Date, Tenant shall commence payment of the Base Rent and the Tenant’s Share of Direct Expenses for the Must-Take 1 Space upon the Must-Take 1 Rent Commencement Date, ; and the lease term for the Must-Take 1 Space 3 shall expire expire, unless earlier terminated, upon the Lease Expiration Date, as extended.

Rent and Term. The Must-Take 1 Space shall become part of the Premises for all purposes hereunder on the Must-Take 1 Lease Commencement Datehereunder, and, except as otherwise provided in this Section 1.51.1.4, shall be subject to every term and condition of this Lease. Notwithstanding Lease and accordingly, the foregoing, Tenant’s obligation to pay Base Rent base rent and Tenant’s Share of Direct Expenses with respect to the Must-Take 1 Space shall commence on the date that occurs two hundred two (210) days after the Must-Take 1 Lease Commencement Date (the “Must-Take 1 Rent Commencement Date”). The Base Rent and Tenant’s Share of Direct Expenses additional rent for the Must-Take 1 Space shall be at the same rate per rentable square footrate, and shall thereafter be escalated in the same manner, as the then current “Base Rent Rent” and “Additional Rent,” as those terms are defined in Article 3 and Section 4.1 of this Lease, respectively, for the Initial Premises located in the podiumPremises, as such Base Rent and Additional Rent are adjusted and escalated pursuant to the terms of this Lease. Furthermore, for purposes of calculating Tenant’s obligations under Article 4 of this Lease, Tenant’s Share of Building Direct Expenses shall be 1.56%as set forth in Section 6 of the Summary; provided, and however, the Base Year applicable to the Must-Must Take 1 Space shall be as set forth in Section 5 of the calendar year in which Summary with respect to the Must-Must Take 1 Rent Commencement Date occurs if it occurs on or before July 31 and the following calendar year if it occurs after July 31Space. The lease term for the Must-Take 1 Space shall commence on commence, and, as set forth in Section 4 of the Must-Take 1 Lease Commencement DateSummary, Tenant shall commence payment of the Base Rent and the Tenant’s Share of Direct Expenses Additional Rent for the Must-Take 1 Space Space, upon the Must-Must Take 1 Rent Commencement Date, and the lease term for the Must-Take 1 Space shall expire upon the Lease Expiration Date, as extended.

Rent and Term. The Must-Take 1 2 Space shall become part of the Premises for all purposes hereunder on the Must-Take 1 2 Lease Commencement Date, and, except as otherwise provided in this Section 1.5, shall be subject to every term and condition of this Lease. Notwithstanding the foregoing, TenantXxxxxx’s obligation to pay Base Rent and Tenant’s Share of Direct Expenses with respect to the Must-Take 1 2 Space shall commence on the date that occurs two hundred two (210) days after the Must-Take 1 2 Lease Commencement Date (the “Must-Take 1 2 Rent Commencement Date”). The Base Rent and Tenant’s Share of Direct Expenses for the Must-Take 1 2 Space shall be at the same rate per rentable square foot, and shall thereafter be escalated in the same manner, as the then current Base Rent for the Initial Premises located in the podium, as such Base Rent and Additional Rent are adjusted and escalated pursuant to the terms of this Lease. Furthermore, for purposes of calculating Tenant’s obligations under Article 4 of this Lease, TenantXxxxxx’s Share shall be 1.564.80%, and the Base Year applicable to the Must-Take 1 2 Space shall be the calendar year in which the Must-Take 1 2 Rent Commencement Date occurs if it occurs on or before July 31 and the following calendar year if it occurs after July 31. The lease term for the Must-Take 1 2 Space shall commence on the Must-Must- Take 1 2 Lease Commencement Date, Tenant shall commence payment of the Base Rent and the Tenant’s Share of Direct Expenses for the Must-Take 1 2 Space upon the Must-Take 1 2 Rent Commencement Date, and the lease term for the Must-Take 1 2 Space shall expire upon the Lease Expiration Date, as extended.

Rent and Term. The Must-Take 1 Must‑Take Space shall become part of the Premises for all purposes hereunder on the Must-Take 1 Lease Commencement Datehereunder, and, except as otherwise provided in this Section 1.51.3, shall be subject to every term and condition of this Lease. Notwithstanding Lease and accordingly, the foregoing, Tenant’s obligation to pay Base Rent base rent and Tenant’s Share of Direct Expenses with respect to the Must-Take 1 Space shall commence on the date that occurs two hundred two (210) days after the Must-Take 1 Lease Commencement Date (the “Must-Take 1 Rent Commencement Date”). The Base Rent and Tenant’s Share of Direct Expenses additional rent for the Must-Take 1 Must‑Take Space shall be at the same rate per rentable square foot, and shall thereafter be escalated in the same manner, as the then current "Base Rent Rent" and "Additional Rent," as those terms are defined in Article 3 and Section 4.1 of this Lease, respectively, for the Initial Premises located in the podiumPremises, as such Base Rent and Additional Rent are adjusted and escalated pursuant to the terms of this Lease. Furthermore, for purposes of calculating Tenant’s 's obligations under Article 4 of this Lease, Tenant’s 's Share of Direct Expenses shall be 1.56%, and as set forth in Section 6 of the Base Year applicable to the Must-Take 1 Space shall be the calendar year in which the Must-Take 1 Rent Commencement Date occurs if it occurs on or before July 31 and the following calendar year if it occurs after July 31Summary. The lease term for the Must-Take 1 Must‑Take Space shall commence on the Must-Take 1 Lease Commencement Datecommence, and Tenant shall commence payment of the Base Rent and the Tenant’s Share of Direct Expenses Additional Rent for the Must‑Take Space (the "Must‑Take Space Commencement Date"), upon the earlier to occur of (i) the date that Tenant “Commences Business” in the Must‑Take Space, as that term is defined below, and (ii) the date that is the later to occur of (a) the first (1st) anniversary of the Lease Commencement Date, and (b) the date that occurs eight (8) months following the date of delivery of the Must‑Take Space by Landlord to Tenant in the “Delivery Condition” (as defined in the Tenant Work Letter) (the “Must-Take 1 Space upon Premises Outside Date”), subject to extension pursuant to the Must-Take 1 Rent Commencement DateTenant Work Letter, and the lease term for the Must-Take 1 Must‑Take Space shall expire upon the Lease Expiration DateDate (the "Must‑Take Space Lease Term"). For purposes of this Section 1.3, the term “Commences Business” shall mean the date Tenant has requested and been given access to seventy-five percent (75%) of the Must‑Take Space for the conduct of ordinary business (as extendedopposed to access for construction of the Tenant Improvements or installation of Tenant’s furniture, fixtures and equipment).

Rent and Term. The Must-Take 1 Space shall become part of the Premises for all purposes hereunder on the Must-Take 1 Lease Commencement Date, and, except as otherwise provided in this Section 1.5, shall be subject to every term and condition of this Lease. Notwithstanding the foregoing, TenantXxxxxx’s obligation to pay Base Rent and Tenant’s Share of Direct Expenses with respect to the Must-Take 1 Space shall commence on the date that occurs two hundred two (210) days after the Must-Take 1 Lease Commencement Date (the “Must-Take 1 Rent Commencement Date”). The Base Rent and Tenant’s Share of Direct Expenses for the Must-Take 1 Space shall be at the same rate per rentable square foot, and shall thereafter be escalated in the same manner, as the then current Base Rent for the Initial Premises located in the podium, as such Base Rent and Additional Rent are adjusted and escalated pursuant to the terms of this Lease. Furthermore, for purposes of calculating Tenant’s obligations under Article 4 of this Lease, TenantXxxxxx’s Share shall be 1.56%, and the Base Year applicable to the Must-Take 1 Space shall be the calendar year in which the Must-Take 1 Rent Commencement Date occurs if it occurs on or before July 31 and the following calendar year if it occurs after July 31. The lease term for the Must-Take 1 Space shall commence on the Must-Must- Take 1 Lease Commencement Date, Tenant shall commence payment of the Base Rent and the Tenant’s Share of Direct Expenses for the Must-Take 1 Space upon the Must-Take 1 Rent Commencement Date, and the lease term for the Must-Take 1 Space shall expire upon the Lease Expiration Date, as extended.