Common use of Sixth Expansion Premises Clause in Contracts

Sixth Expansion Premises. The “Sixth Expansion Premises Commencement Date” shall be the day that is 1 business day after the mutual execution and delivery of this Seventh Amendment by the parties. Landlord shall deliver the Sixth Expansion Premises to Tenant on the Sixth Expansion Premises Commencement Date free of all tenants and occupants, broom clean and free of debris and personal property. The “Third Floor/First Floor Sixth Expansion Premises Rent Commencement Date” shall be July 1, 2018. Tenant shall commence paying Base Rent with respect to the Third Floor Sixth Expansion Premises and the First Floor Sixth Expansion Premises on the Third Floor/First Floor Sixth Expansion Premises Commencement Date. The “Fourth Floor/Lower Level Sixth Expansion Premises Rent Commencement Date” shall be Except as set forth in this Seventh Amendment: (i) Tenant shall accept the Sixth Expansion Premises in their “as-is” condition as of the Sixth Expansion Premises Commencement Date; (ii) Landlord shall have no obligation for any defects in the Sixth Expansion Premises (but the foregoing language shall not relieve Landlord from any or its maintenance obligations under the Lease); and (iii) Tenant’s taking possession of the Sixth Expansion Premises shall be conclusive evidence that Tenant accepts the Sixth Expansion Premises and that the Sixth Expansion Premises were in good condition at the time possession was taken.

Sixth Expansion Premises. (a) From and after the Sixth Expansion Premises Commencement Date (as defined below), approximately 5,544 rentable square feet of space on the eighth (8th) floor of the Building known as Suite 8W02 (the “Sixth Expansion Premises”) as outlined on the plan attached hereto and incorporated herein as Exhibit B shall be deemed added to and incorporated into the Premises demised under the Lease and thereafter the Premises shall consist of approximately 37,150 rentable square feet and all references to the Premises in the Lease shall be deemed to include the Sixth Expansion Space. The anticipated delivery date of the Sixth Expansion Premises is February 1, 2020, subject to (x) the right of the existing tenant to extend the term of its lease thereon, (y) delays caused by factors beyond the reasonable control of Landlord, or (z) the prior delivery due to the vacancy, early termination and/or yield-up of the tenant occupying the Sixth Expansion Premises prior. Subject to Section 10 below, Landlord shall not be liable to Tenant, and Landlord shall not be in default, for any failure to deliver the Sixth Expansion Premises on any specified date; provided in no event shall Tenant be required to pay Basic Rent on the Sixth Expansion Premises until the Sixth Expansion Premises Rent Commencement Date (as defined below), but Tenant shall be required to pay Additional Rent applicable to the Sixth Expansion Premises as required under the Lease from and after the Sixth Expansion Premises Commencement Date (as defined below). The actual “Sixth Expansion Premises Commencement Date” shall be the day that is 1 business day after date of the mutual execution and delivery of this Seventh Amendment by the parties. Landlord shall deliver the Sixth Expansion Premises to Tenant on in accordance with the Sixth Expansion Premises Commencement Date free of all tenants terms and occupantsconditions hereof. As used herein, broom clean and free of debris and personal property. The the “Third Floor/First Floor Sixth Expansion Premises Rent Commencement Date” shall be July 1, 2018. Tenant shall commence paying Base Rent with respect to the Third Floor Sixth Expansion Premises and date that is five (5) months following the First Floor Sixth Expansion Premises on the Third Floor/First Floor Sixth Expansion Premises Commencement Date. The “Fourth Floor/Lower Level Landlord and Tenant agree to execute a supplemental agreement confirming the actual Sixth Expansion Premises Commencement Date, the Sixth Expansion Premises Rent Commencement Date” shall be Except as set forth in this Seventh Amendment: (i) Tenant shall accept the Sixth Expansion Premises in their “as-is” condition as of the Sixth Expansion Premises Commencement Date; (ii) Landlord shall have no obligation for any defects in the Sixth Expansion Premises (but the foregoing language shall not relieve Landlord from any or its maintenance obligations under the Lease); Date and (iii) Tenant’s taking possession of the Sixth Expansion Premises shall be conclusive evidence that Tenant accepts the Sixth Expansion Premises and that the Sixth Expansion Premises were in good condition at the time possession was takenProportionate Share once same are determined.