Common use of Revised Term Clause in Contracts

Revised Term. Landlord and Tenant have agreed to extend the Term of the Existing Lease and to modify certain terms and provisions of the Existing Lease in connection therewith on the terms and conditions set forth in this Second Amendment. Notwithstanding any provision in the Existing Lease to the contrary, the Term shall be extended such that the Term Expiration Date shall be the date that is eighty-four (84) months after the Revised Term Commencement Date (as hereinafter defined), and shall be subject to further extension pursuant to Section 14 of this Second Amendment. The "Revised Term Commencement Date" shall be the later of (a) January 1, 2016 and (b) the day Landlord tenders possession of the Premises to Tenant. The "Term" in the Lease and the "Revised Term" in this Second Amendment shall mean and refer to the period of time commencing on the Revised Term Commencement Date and continuing through the Term Expiration Date, as extended by this Second Amendment, and as the same may be extended pursuant to Section 14 of this Second Amendment, and subject to the earlier termination of the Lease as therein provided. Landlord and Tenant shall execute and deliver to the other written acknowledgment of the actual Revised Term Commencement Date and the Term Expiration Date within ten (10) days after in the form provided by Landlord, which form shall be consistent with the form attached as Exhibit B to this Second Amendment. Notwithstanding anything to the contrary contained in this Second Amendment, in the event that (i) the Effective Date does not occur or (ii) Landlord fails to deliver the Premises to Tenant on or before February 1, 2016 for any reason, except for any delay caused by Tenant or an event of Force Majeure (however, Force Majeure shall not include holdover in the Premises by JCVI), then Tenant shall receive either (y) a day-for-day abatement of fifty percent (50%) of the amount of the initial Monthly Base Rent (i.e. $2,540.08 per day of delay during the month of February), if such failure to deliver is due to holdover in the Premises by JCVI or (z) a day-for-day abatement of one hundred percent (100%) of the amount of the initial Monthly Base Rent (i.e. $5,080.15 per day of delay during the month of February), if such failure to deliver the Premises is not due to holdover in the Premises by JCVI, in each case for each day after February 1, 2016 that the Effective Date does not occur or Landlord fails to deliver possession of the Premises to Tenant, which abatement shall be applied against the first and subsequent accruing Monthly Base Rent due for the Premises following the Revised Term Commencement Date until exhausted. To the extent not delivered by JCVI directly to Tenant pursuant to the Assignment Agreement, Landlord shall deliver all keys, security codes and electronic access cards to the Premises and all offices and restrooms therein received by Landlord from JCVI.

Revised Term. Landlord and Tenant have agreed to extend the Term of the Existing Lease and to modify certain terms and provisions of the Existing Lease in connection therewith on the terms and conditions set forth in this Second Amendment. Notwithstanding any provision in the Existing Lease to the contrary, the Term shall be extended such that the Term Expiration Date shall be the date that is eighty-four (84) months after the Revised Term Commencement Date (as hereinafter defined), [***] and shall be subject to further extension pursuant to Section 14 of this Second Amendment. The "“Revised Term Commencement Date" ” shall be the later of (a) January 1, 2016 [***] and (b) the day Landlord tenders possession of the Premises to Tenant. The "“Term" ” in the Lease and the "“Revised Term" ” in this Second Amendment shall mean and refer to the period of time commencing on the Revised Term Commencement Date and continuing through the Term Expiration Date, as extended by this Second Amendment, and as the same may be extended pursuant to Section 14 of this Second Amendment, and subject to the earlier termination of the Lease as therein provided. Landlord and Tenant shall execute and deliver to the other written acknowledgment of the actual Revised Term Commencement Date and the Term Expiration Date within ten (10) days after [***] in the form provided by Landlord, which form shall be consistent with the form attached as Exhibit B to this Second Amendment. Notwithstanding anything to the contrary contained in this Second Amendment, in the event that (i) the Effective Date does not occur or (ii) Landlord fails to deliver the Premises to Tenant on or before February 1, 2016 [***] for any reason, except for any delay caused by Tenant or an event of Force Majeure (however, Force Majeure shall not include holdover in the Premises by JCVI), then Tenant shall receive either (y) a day-for-day abatement of fifty percent (50%) of the amount [***] of the initial Monthly Base Rent (i.e. $2,540.08 per day of delay during the month of February), [***] if such failure to deliver is due to holdover in the Premises by JCVI or (z) a day-for-day abatement of one hundred percent (100%) % of the amount of the initial Monthly Base Rent (i.e. $5,080.15 per day of delay during the month of February), [***] if such failure to deliver the Premises is not due to holdover in the Premises by JCVI, in each case for each day after February 1, 2016 [***] that the Effective Date does not occur or Landlord fails to deliver possession of the Premises to Tenant, which abatement shall be applied against the first and subsequent accruing Monthly Base Rent due for the Premises following the Revised Term Commencement Date until exhausted. To the extent not delivered by JCVI directly to Tenant pursuant to the Assignment Agreement, Landlord shall deliver all keys, security codes and electronic access cards to the Premises and all offices and restrooms therein received by Landlord from JCVI.