Common use of SPACE PLANNING AND SUBSTITUTION Clause in Contracts

SPACE PLANNING AND SUBSTITUTION. Landlord shall have the right, upon providing not less than 60 days written notice, to move Tenant to other space of comparable size in the Building or in the Project. The new space shall be provided with an ocean view, improvements of comparable quality to those within the Premises and shall contain similar finishes as the Premises, approximately the same rentable square footage as the Premises and approximately the same number of work stations, offices, breakrooms and reception areas as are contained in the Premises as of the date Tenant receives Landlord’s notice of relocation. The total monthly Basic Rent for the new space shall in no event exceed the total monthly Basic Rent for the Premises prior to the relocation and Tenant’s Share for the new space shall in no event exceed Tenant’s Share for the Premises prior to the relocation. Landlord shall pay the reasonable out-of-pocket costs to relocate and reconnect Tenant’s personal property and equipment within the new space. Landlord shall also reimburse Tenant for such other reasonable out-of-pocket costs that Tenant may incur in connection with the relocation. Within 10 days following request by Landlord, Tenant shall execute an amendment to this Lease prepared by Landlord to memorialize the relocation. Notwithstanding the foregoing, if Landlord provides Tenant with a notice of relocation and Tenant, in its reasonable judgment, determines that the new space is not of reasonably comparable size and utility when compared to the Premises, Tenant shall have the right to terminate this Lease by giving written notice of termination to Landlord within 10 days after the date of Landlord's notice of relocation to Tenant. Tenant’s notice of termination shall set forth the reasons why Tenant believes the new space is not comparable to the Premises. Such termination shall be effective 60 days after the date of Landlord's notice of relocation, provided that Landlord, within 10 days after receipt of Tenant's notice of termination, shall have the right to withdraw its notice of relocation. In such event, this Lease shall continue in full force and effect as if Landlord had never provided Tenant with a notice of relocation.

SPACE PLANNING AND SUBSTITUTION. Landlord shall have the right, upon providing not less than 60 90 days prior written notice, to move Tenant to other space of comparable size in the Building or in the Project. The new space shall be provided with an ocean view, improvements of comparable or better quality to those within the Premises and shall contain similar or better finishes as the Premises, approximately the same or more rentable square footage as the Premises and approximately the same or more number of work stations, offices, breakrooms and reception areas as are contained in the Premises as of the date Tenant receives Landlord’s notice of relocation. The total monthly Basic Rent for the new space shall in no event exceed the total monthly Basic Rent for the Premises prior to the relocation and Tenant’s Share for the new space shall in no event exceed Tenant’s Share for the Premises prior to the relocation. Landlord shall pay the reasonable out-of-pocket costs to relocate and reconnect all of Tenant’s personal property and equipment within the new space, including, but not limited to, all telecommunications and audio/visual equipment. Landlord shall also reimburse Tenant for such other reasonable out-of-pocket costs that Tenant may incur in connection with the relocation. Within 10 days following request by Landlord, Tenant shall execute an amendment to this Lease prepared by Landlord to memorialize the relocation. Notwithstanding the foregoing, if Landlord provides Tenant with a notice of relocation and Tenant, in its reasonable judgment, determines that the new space is not of reasonably comparable size and utility when compared acceptable to the PremisesTenant for any reason, then Tenant shall have the right may, by written notice to Landlord given not later than 15 days following Landlord’s original 90-day notice to Tenant, elect to terminate this Lease by giving written notice of (such termination to Landlord within 10 days after the date of Landlord's notice of relocation to Tenant. Tenant’s notice of termination shall set forth the reasons why Tenant believes the new space is not comparable to the Premises. Such termination shall be effective 60 90 days after the date of following such notice to Landlord's notice of relocation, provided that Landlord, within 10 days after receipt of Tenant's notice of termination, shall have the right to withdraw its notice of relocation. In such event, this Lease shall continue in full force and effect as if Landlord had never provided Tenant with a notice of relocation).

SPACE PLANNING AND SUBSTITUTION. Landlord shall have the right, upon providing not less than 60 days prior written notice, to move Tenant to other space of comparable size in the Building or in the ProjectProject or in other space owned by Landlord or its affiliate(s) within 3 miles of the Building. The new space shall be provided with an ocean view, improvements of comparable quality to those within the Premises and shall contain similar finishes as the Premises, approximately the same rentable square footage as the Premises and approximately the same number of work stations, offices, breakrooms and reception areas as are contained in the Premises as of the date Tenant receives Landlord’s notice of relocation. The total monthly Basic Rent for the new space shall in no event exceed the total monthly Basic Rent for the Premises prior to the relocation and Tenant’s Share for the new space shall in no event exceed Tenant’s Share for the Premises prior to the relocation. Landlord shall pay the reasonable out-of-pocket costs to relocate and reconnect Tenant’s personal property and equipment within the new space. Landlord shall also reimburse Tenant for such other reasonable out-of-pocket costs that Tenant may incur in connection with the relocation. Within 10 days following request by Landlord, Tenant shall execute an amendment to this Lease prepared by Landlord to memorialize the relocation. Notwithstanding the foregoing, if Landlord provides Tenant with a notice of relocation and Tenant, in hereby agrees that it shall not exercise its reasonable judgment, determines that the new space is not of reasonably comparable size and utility when compared to the Premises, Tenant shall have the right to terminate this relocate Tenant hereunder during the initial 43-month Lease by giving written notice of termination to Landlord within 10 days after the date of Landlord's notice of relocation to Tenant. Tenant’s notice of termination shall set forth the reasons why Tenant believes the new space is not comparable to the Premises. Such termination shall be effective 60 days after the date of Landlord's notice of relocation, provided that Landlord, within 10 days after receipt of Tenant's notice of termination, shall have the right to withdraw its notice of relocation. In such event, this Lease shall continue in full force and effect as if Landlord had never provided Tenant with a notice of relocationTerm.

SPACE PLANNING AND SUBSTITUTION. Landlord shall have the right, upon providing not less than 60 forty-five (45) days written notice, to move Tenant to other space of comparable size in the Building or in the Project. The new space shall be provided with an ocean view, improvements of comparable quality to those within the Premises and shall must contain similar finishes as the Premises, and approximately the same rentable square footage as the Premises and approximately the same number of work stations, offices, breakrooms and reception areas as are contained in the Premises as of the date Tenant receives Landlord’s notice of relocation. .The total monthly Basic Rent for the new space shall in no event exceed the total monthly Basic Rent for the Premises prior to the relocation relocation, and Tenant’s Share proportionate share for the new space shall in no event exceed Tenant’s Share proportionate share for the Premises prior to the relocation. Landlord shall pay the reasonable out-of-pocket costs to relocate and reconnect Tenant’s personal property and equipment within the new space; provided that Landlord may elect to cause such work to be done by its contractors. Landlord shall also reimburse Tenant for such other reasonable out-of-pocket costs that Tenant may incur in connection with the relocation, including without limitation necessary stationery revisions, provided that a reasonable estimate thereof is given to Landlord within twenty (20) days following Landlord’s notice. In no event, however, shall Landlord be obligated to incur or fund total relocation costs, exclusive of tenant improvement expenditures, in an amount in excess of two (2) months of Basic Rent at the rate then payable hereunder. Landlord shall also reimburse Tenant for the reasonable cost to install and connect telecommunication and data cabling in the new space in the manner and to the extent such cabling existed in the Premises prior to the relocation. Within 10 ten (10) days following request by Landlord, Tenant shall execute an amendment to this Lease prepared by Landlord to memorialize the relocation. Notwithstanding Should Tenant fail timely to execute and deliver the foregoingamendment to Landlord, if or should Tenant thereafter fail to comply with the terms thereof, then Landlord provides Tenant with a notice of relocation and Tenant, in may at its reasonable judgment, determines that the new space is not of reasonably comparable size and utility when compared to the Premises, Tenant shall have the right option elect to terminate this Lease by giving upon not less than sixty (60) days prior written notice of termination to Landlord within 10 days after the date of Landlord's notice of relocation to Tenant. Tenant’s notice of termination shall set forth Upon the reasons why Tenant believes the new space is not comparable to the Premises. Such termination shall be effective 60 days after the date of Landlord's notice any termination of relocationthis Lease, provided that Landlord, within 10 days after receipt of Tenant's notice of termination, Tenant shall have vacate the right to withdraw its notice of relocation. In such event, this Lease shall continue Premises in full force and effect as if Landlord had never provided Tenant accordance with a notice of relocationSection 15.3.

SPACE PLANNING AND SUBSTITUTION. Landlord shall have the right, upon providing not less than 60 sixty (60) days written notice, to move Tenant to other space of comparable size in the Building or in the Project. The new space shall be provided with an ocean view, improvements of comparable quality to those within the Premises and shall contain similar finishes as the Premises, approximately the same rentable square footage as the Premises and approximately the same number of work stations, offices, breakrooms and reception areas as are contained in the Premises as of the date Tenant receives Landlord’s notice of relocation. The total monthly Basic Rent for the new space shall in no event exceed the total monthly Basic Rent for the Premises prior to the relocation relocation, and Tenant’s Share proportionate share for the new space shall in no event exceed Tenant’s Share proportionate share for the Premises prior to the relocation. Landlord shall pay the reasonable out-of-pocket costs to relocate and reconnect Tenant’s personal property and equipment within the new space; provided that Landlord may elect to cause such work to be done by its contractors. Landlord shall also reimburse Tenant for such other reasonable out-of-pocket costs that Tenant may incur in connection with the relocation, including without limitation necessary stationery revisions, provided that a reasonable estimate thereof is given to Landlord within twenty (20) days following Landlord’s notice. In no event, however, shall Landlord be obligated to incur or fund total relocation costs, exclusive of tenant improvement expenditures, in an amount in excess of two (2) months of Basic Rent at the rate then payable hereunder. Within 10 ten (10) days following request by Landlord, Tenant shall execute an amendment to this Lease prepared by Landlord to memorialize the relocation. Should Tenant fail timely to execute and deliver the amendment to Landlord, or should Tenant thereafter fail to comply with the terms thereof, then Landlord may at its option elect to terminate this Lease upon not less than sixty (60) days prior written notice to Tenant. Upon the effective date of any termination of this Lease, Tenant shall vacate the Premises in accordance with Section 15.3. Notwithstanding the foregoing, if Landlord provides Tenant with a notice of relocation and Tenant, in its reasonable judgment, determines that the new space is not of reasonably comparable size and utility when compared to the Premises, Tenant shall have the right to terminate this Lease by giving written notice of termination to Landlord within 10 days after the date of Landlord's ’s notice of relocation to Tenant. Tenant’s notice of termination shall set forth the reasons why Tenant believes the new space is not comparable to the Premises. Such termination shall be effective 60 days after the date of Landlord's ’s notice of relocation, provided that Landlord, within 10 days after receipt of Tenant's ’s notice of termination, shall have the right to withdraw its notice of relocation. In such event, this Lease shall continue in full force and effect as if Landlord had never provided Tenant with a notice of relocation.

SPACE PLANNING AND SUBSTITUTION. Landlord shall have the right, upon providing not less than 60 forty-five (45) days written notice, to move Tenant to other space of comparable size in the Building or in the Project. The new space shall be provided with an ocean view, improvements of comparable quality to those within the Premises and shall contain similar finishes as the Premises, approximately the same rentable square footage as the Premises and approximately the same number of work stations, offices, breakrooms and reception areas as are contained in the Premises as of the date Tenant receives Landlord’s notice of relocation. The total monthly Basic Rent for the new space shall in no event exceed the total monthly Basic Rent for the Premises prior to the relocation and Tenant’s Share for the new space shall in no event exceed Tenant’s Share for the Premises prior to the relocation. Landlord shall pay the reasonable out-of-pocket costs to relocate and reconnect Tenant’s 's personal property and equipment within the new space; provided that Landlord may elect to cause such work to be done by its contractors. Landlord shall also reimburse Tenant for such other reasonable out-of-pocket costs that Tenant may incur in connection with the relocation, including without limitation necessary stationery revisions, provided that a reasonable estimate thereof is given to Landlord within twenty (20) days following Landlord's notice. In no event, however, shall Landlord be obligated to incur or fund total relocation costs, exclusive of tenant improvement expenditures, in an amount in excess of two (2) months of Basic Rent at the rate then payable hereunder. Within 10 ten (10) days following request by Landlord, Tenant shall execute an amendment to this Lease prepared by Landlord to memorialize the relocation. Notwithstanding Should Tenant fail timely to execute and deliver the foregoingamendment to Landlord for any reason (including without limitation the inability of the parties to reach an agreement on the proposed relocation), if or should Tenant thereafter fail to comply with the terms thereof, then Landlord provides Tenant with a notice of relocation and Tenant, in may at its reasonable judgment, determines that the new space is not of reasonably comparable size and utility when compared to the Premises, Tenant shall have the right option elect to terminate this Lease by giving upon not less than ninety (90) days prior written notice of termination to Landlord within 10 days after the date of Landlord's notice of relocation to Tenant. In the event of such termination, Tenant’s notice 's obligation to pay Basic Rent during the final two (2) months of termination shall set forth the reasons why Tenant believes the new space is not comparable to the Premises. Such termination Term shall be waived. Upon the effective 60 days after the date of Landlord's notice any termination of relocationthis Lease, provided that Landlord, within 10 days after receipt of Tenant's notice of termination, Tenant shall have vacate the right to withdraw its notice of relocation. In such event, this Lease shall continue Premises in full force and effect as if Landlord had never provided Tenant accordance with a notice of relocationSection 15.3.

SPACE PLANNING AND SUBSTITUTION. Landlord shall have the right, upon providing not less than 60 days written notice, to move Tenant to other space of comparable size in the Building or in the ProjectProject on or above the 4th floor. The new space shall be provided with an ocean view, improvements of comparable quality to those within the Premises and shall contain similar finishes as the Premises, approximately the same rentable square footage as the Premises and approximately the same number of work stations, offices, breakrooms and reception areas as are contained in the Premises as of the date Tenant receives Landlord’s notice of relocation. The total monthly Basic Rent for the new space shall in no event exceed the total monthly Basic Rent for the Premises prior to the relocation and Tenant’s Share for the new space shall in no event exceed Tenant’s Share for the Premises prior to the relocation. Landlord shall pay the reasonable out-of-pocket costs to relocate and reconnect Tenant’s personal property and equipment within the new space. Landlord shall also reimburse Tenant for such other reasonable out-of-pocket costs that Tenant may incur in connection with the relocation. Within 10 days following request by Landlord, Tenant shall execute an amendment to this Lease prepared by Landlord to memorialize the relocation. Notwithstanding the foregoing, if Landlord provides Tenant with a notice of relocation and Tenant, in its reasonable judgment, determines that the new space is not of reasonably comparable size and utility when compared to the Premises, Tenant shall have the right to terminate this Lease by giving written notice of termination to Landlord within 10 days after the date of Landlord's ’s notice of relocation to Tenant. Tenant’s notice of termination shall set forth the reasons why Tenant believes the new space is not comparable to the Premises. Such termination shall be effective 60 days after the date of Landlord's ’s notice of relocation, provided that Landlord, within 10 days after receipt of Tenant's ’s notice of termination, shall have the right to withdraw its notice of relocation. In such event, this Lease shall continue in full force and effect as if Landlord had never provided Tenant with a notice of relocation.

SPACE PLANNING AND SUBSTITUTION. Landlord shall have the one-time right, upon providing not less than 60 forty-five (45) days written notice, to move Tenant to other space of comparable size and on the same floor or above in the Building or in one of the Projectbuildings located at 610, 620 or 600 Xxxxxxx Xxxxxx Xxxxx. The new space shall be provided with an ocean view, improvements of comparable quality to those within the Premises and shall contain similar finishes as the Premises, approximately the same rentable square footage as the Premises and approximately the same number of work stations, offices, breakrooms and reception areas as are contained in the Premises as of the date Tenant receives Landlord’s notice of relocation. The total monthly Basic Rent for the new space shall in no event exceed the total monthly Basic Rent for the Premises prior to the relocation and Tenant’s Share for the new space shall in no event exceed Tenant’s Share for the Premises prior to the relocationhave a comparable interior configuration. Landlord shall pay the reasonable out-of-pocket costs to relocate and reconnect Tenant’s 's personal property and equipment within the new space; provided that Landlord may elect to cause such work to be done by its contractors. Landlord shall also reimburse Tenant for such other reasonable out-of-pocket costs that Tenant may incur in connection with the relocation, including without limitation necessary stationery revisions, provided that a reasonable estimate thereof is given to Landlord within twenty (20) days following Landlord's notice. In no event, however, shall Landlord be obligated to incur or fund total relocation costs, exclusive of tenant improvement expenditures, in an amount in excess of three (3) months of Basic Rent at the rate then payable hereunder. Should Tenant be relocated by Landlord pursuant to this Section, Tenant shall also be afforded an abatement of the first full month of Basic Rent for the new space. Within 10 ten (10) business days following request by Landlord, Tenant shall execute an amendment to this Lease prepared by Landlord to memorialize the relocation. Notwithstanding the foregoing, if Landlord provides Tenant with a notice of relocation and Tenant, in its reasonable judgment, determines that the event the new space is designated by Landlord not of reasonably comparable size and utility when compared be acceptable to the PremisesTenant for any reason, then Tenant shall have the right may, by written notice to Landlord within ten (10) business days following Landlord's relocation notice, elect to terminate this Lease by giving written notice of termination to Landlord within 10 days after the date of Landlord's notice of relocation to Tenant. Tenant’s notice of termination shall set forth the reasons why Tenant believes the new space is not comparable to the Premises. Such without penalty, which termination shall be effective 60 sixty (60) days after the date following delivery of Landlord's relocation notice of relocation, provided that Landlord, within 10 days after receipt of Tenant's notice of termination, shall have unless otherwise agreed in writing by the right to withdraw its notice of relocation. In such event, this Lease shall continue in full force and effect as if Landlord had never provided Tenant with a notice of relocationparties.

SPACE PLANNING AND SUBSTITUTION. Landlord shall have the right, upon providing not less than 60 days 180 days’ prior written notice, to move Tenant to other space of comparable size in the Building or in the ProjectProject or in other space owned by Landlord or its affiliate(s) within 3 miles of the Building. The new space shall be provided with an ocean view, improvements of comparable quality to those within the Premises and shall contain similar finishes as the Premises, approximately the same rentable square footage as the Premises and approximately the same number of work stations, offices, breakrooms and reception areas as are contained in the Premises as of the date Tenant receives Landlord’s notice of relocation. The total monthly Basic Rent for the new space shall in no event exceed the total monthly Basic Rent for the Premises prior to the relocation and Tenant’s Share for the new space shall in no event exceed TenantXxxxxx’s Share for the Premises prior to the relocation. Landlord shall pay the reasonable out-of-pocket costs to relocate and reconnect Tenant’s personal property and equipment within the new space. Landlord shall also reimburse Tenant for such other reasonable out-of-pocket costs that Tenant may incur in connection with the relocation. Within 10 days following request by LandlordXxxxxxxx, Tenant Xxxxxx shall execute an amendment to this Lease prepared by Landlord to memorialize the relocation. Notwithstanding the foregoing, if Landlord provides Tenant with a notice of relocation and Tenant, in its reasonable judgment, determines that the new space is not of reasonably comparable size and utility when compared to the Premises, Tenant shall have the right to terminate this Lease by giving written notice of termination to Landlord within 10 days after the date of Landlord's ’s notice of relocation to Tenant. Tenant’s notice of termination shall set forth the reasons why Tenant Xxxxxx believes the new space is not comparable to the Premises. Such termination shall be effective 60 180 days after the date of Landlord's ’s notice of relocation, provided that Landlord, within 10 days after receipt of Tenant's ’s notice of termination, shall have the right to withdraw its notice of relocation. In such event, this Lease shall continue in full force and effect as if Landlord had never provided Tenant with a notice of relocation.

SPACE PLANNING AND SUBSTITUTION. Landlord shall have the right, upon providing not less than 60 forty-five (45) days written notice, to move Tenant to other space of substantially comparable size in the Building Building, the Project or in other space owned by Landlord within three (3) miles of the ProjectBuilding (“New Premises”), and this Lease shall continue in effect except that the Premises hereunder shall be redefined to mean the New Premises. The new space New Premises shall be provided with an ocean view, improvements of comparable quality to those within the Premises and shall contain similar finishes as the existing Premises, approximately the same rentable square footage as the Premises and approximately the same number of work stations, offices, breakrooms and reception areas as are contained in the Premises as of the date Tenant receives Landlord’s notice of relocation. The total monthly Basic Rent for the new space shall in no event exceed the total monthly Basic Rent for the Premises prior to the relocation and Tenant’s Share for the new space shall in no event exceed Tenant’s Share for the Premises prior to the relocation. Landlord shall pay the reasonable out-of-pocket costs to relocate and reconnect Tenant’s personal property and equipment within the new spaceNew Premises; provided that Landlord may elect to cause such work to be done by its contractors. Landlord shall also reimburse Tenant for such other reasonable out-of-pocket costs that Tenant may incur in connection with the relocation, including without limitation necessary stationery revisions, provided that a reasonable estimate thereof is given to Landlord within twenty (20) days following Landlord’s notice. In no event, however, shall Landlord be obligated to incur or fund total relocation costs, exclusive of tenant improvement expenditures, in an amount in excess of two (2) months of Basic Rent at the rate then payable hereunder. Within 10 ten (10) days following request by Landlord, Tenant shall execute an amendment to this Lease prepared by Landlord to memorialize the relocation. Notwithstanding Should Tenant fail timely to execute and deliver the foregoingamendment to Landlord for any reason or in the event of any other breach of this Section 7.6 such failure or breach shall be an Event of Default and damages to Landlord as a result shall be determined on the assumption that the New Premises have become the Premises as defined in this Lease, if Landlord provides regardless of whether Tenant with a notice of relocation and Tenanthas signed the requested amendment, in its reasonable judgment, determines that addition to damages payable to Landlord which result from any failure by Tenant to vacate the new space is not of reasonably comparable size and utility when compared to the existing Premises, Tenant shall have the right to terminate this Lease by giving written notice of termination as well as any other damages or remedies available to Landlord within 10 days after the date as a result of Landlord's notice such Event of relocation to Tenant. Tenant’s notice of termination shall set forth the reasons why Tenant believes the new space is not comparable to the Premises. Such termination shall be effective 60 days after the date of Landlord's notice of relocation, provided that Landlord, within 10 days after receipt of Tenant's notice of termination, shall have the right to withdraw its notice of relocation. In such event, this Lease shall continue in full force and effect as if Landlord had never provided Tenant with a notice of relocationDefault.

SPACE PLANNING AND SUBSTITUTION. Landlord shall have the right, upon providing not less than 60 days prior written noticenotice (“Landlord’s Relocation Notice”), to move Tenant to other space of comparable size in the Building Building, or in the Project; provided, however, that Landlord’s Relocation Notice shall not be delivered sooner than the expiration of the 12th full calendar month of the Term following the Commencement Date. The new space shall be provided at no additional rent and with an ocean view, improvements of comparable quality and utility (including a comparable TV wall) to those within the Premises Premises, and shall contain similar finishes as the Premises, approximately the same rentable square footage as the Premises and approximately the same number of work stations, offices, breakrooms breakrooms, server rooms (with supplemental HVAC and adequate electrical service) and reception areas as are contained in the Premises as of the date Tenant receives Landlord’s notice of relocation. The total monthly Basic Rent for the new space shall in no event exceed the total monthly Basic Rent for the Premises prior to the relocation and Tenant’s Share for the new space shall in no event exceed Tenant’s Share for the Premises prior to the relocation. Landlord shall pay the reasonable out-of-pocket costs to relocate and reconnect Tenant’s personal property and equipment within the new space; provided that Landlord may elect to cause such work to be done by its contractors. Landlord shall also reimburse Tenant for such other reasonable out-of-pocket costs that Tenant may incur in connection with the relocation. Within 10 days following request by Landlord, Tenant shall execute an amendment to this Lease prepared by Landlord to memorialize the relocation. Notwithstanding the foregoing, if Landlord provides Tenant with a notice of relocation and Tenant, in its reasonable judgment, determines that the new space is not of reasonably comparable size and utility when compared acceptable to the PremisesTenant for any reason, then Tenant shall have the right may, by written notice to Landlord given not later than 15 days following Landlord’s Relocation Notice, elect to terminate this Lease by giving written notice of (such termination to Landlord within 10 days after the date of Landlord's notice of relocation to Tenant. Tenant’s notice of termination shall set forth the reasons why Tenant believes the new space is not comparable to the Premises. Such termination shall be effective 60 days after the date of following such notice to Landlord's notice of relocation, provided that Landlord, within 10 days after receipt of Tenant's notice of termination, shall have the right to withdraw its notice of relocation. In such event, this Lease shall continue in full force and effect as if Landlord had never provided Tenant with a notice of relocation).

SPACE PLANNING AND SUBSTITUTION. Landlord shall have the right, upon providing not less than 60 forty-five (45) days written notice, to move Tenant to other space of substantially comparable size in the Building Building, the Project or in other space owned by Landlord within three (3) miles of the ProjectBuilding ("New Premises"), and this Lease shall continue in effect except that the Premises hereunder shall be redefined to mean the New Premises. The new space New Premises shall be provided with an ocean view, improvements of comparable quality to those within the Premises and shall contain similar finishes as the existing Premises, approximately the same rentable square footage as the Premises and approximately the same number of work stations, offices, breakrooms and reception areas as are contained in the Premises as of the date Tenant receives Landlord’s notice of relocation. The total monthly Basic Rent for the new space shall in no event exceed the total monthly Basic Rent for the Premises prior to the relocation and Tenant’s Share for the new space shall in no event exceed Tenant’s Share for the Premises prior to the relocation. Landlord shall pay the reasonable out-of-pocket costs to relocate and reconnect Tenant’s 's personal property and equipment within the new spaceNew Premises; provided that Landlord may elect to cause such work to be done by its contractors. Landlord shall also reimburse Tenant for such other reasonable out-of-pocket costs that Tenant may incur in connection with the relocation, including without limitation necessary stationery revisions, provided that a reasonable estimate thereof is given to Landlord within twenty (20) days following Landlord's notice. In no event, however, shall Landlord be obligated to incur or fund total relocation costs, exclusive of tenant improvement expenditures, in an amount in excess of two (2) months of Basic Rent at the rate then payable hereunder. Within 10 ten (10) days following request by Landlord, Tenant shall execute an amendment to this Lease prepared by Landlord to memorialize the relocation. Notwithstanding Should Tenant fail timely to execute and deliver the foregoingamendment to Landlord for any reason or in the event of any other breach of this Section 7.6, if such failure or breach shall be an Event of Default and damages to Landlord provides as a result shall be determined on the assumption that the New Premises have become the Premises as defined in this Lease, regardless of whether Tenant with a notice of relocation and Tenanthas signed the requested amendment, in its reasonable judgment, determines that addition to damages payable to Landlord which result from any failure by Tenant to vacate the new space is not of reasonably comparable size and utility when compared to the existing Premises, Tenant shall have the right to terminate this Lease by giving written notice of termination as well as any other damages or remedies available to Landlord within 10 days after the date as a result of Landlord's notice such Event of relocation to Tenant. Tenant’s notice of termination shall set forth the reasons why Tenant believes the new space is not comparable to the Premises. Such termination shall be effective 60 days after the date of Landlord's notice of relocation, provided that Landlord, within 10 days after receipt of Tenant's notice of termination, shall have the right to withdraw its notice of relocation. In such event, this Lease shall continue in full force and effect as if Landlord had never provided Tenant with a notice of relocationDefault.

SPACE PLANNING AND SUBSTITUTION. Landlord shall have the right, upon providing not less than 60 days written notice, to move Tenant to other space of comparable size and quality on the 7th floor or higher in the Building or in the Project. The new space shall be provided with an ocean view, improvements of comparable quality to those within the Premises and shall contain similar finishes as the Premises, approximately the same rentable square footage as the Premises and approximately the same number of work stations, offices, breakrooms and reception areas as are contained in the Premises as of the date Tenant receives Landlord’s notice of relocation. The total monthly Basic Rent for the new space shall in no event exceed the total monthly Basic Rent for the Premises prior to the relocation and Tenant’s Share for the new space shall in no event exceed Tenant’s Share for the Premises prior to the relocation. Landlord shall pay the reasonable out-of-pocket costs to relocate and reconnect Tenant’s personal property and equipment within the new space. Landlord shall also reimburse Tenant for such other reasonable out-of-pocket costs that Tenant may incur in connection with the relocation. Within 10 days following request by Landlord, Tenant shall execute an amendment to this Lease prepared by Landlord to memorialize the relocation. Notwithstanding the foregoing, if Landlord provides Tenant with a notice of relocation and Tenant, in its reasonable judgment, determines that the new space is not of reasonably comparable size and utility when compared to the Premises, Tenant shall have the right to terminate this Lease by giving written notice of termination to Landlord within 10 days after the date of Landlord's notice of relocation to Tenant. Tenant’s notice of termination shall set forth the reasons why Tenant believes the new space is not comparable to the Premises. Such termination shall be effective 60 days after the date of Landlord's notice of relocation, provided that Landlord, within 10 days after receipt of Tenant's notice of termination, shall have the right to withdraw its notice of relocation. In such event, this Lease shall continue in full force and effect as if Landlord had never provided Tenant with a notice of relocation.

SPACE PLANNING AND SUBSTITUTION. Landlord shall have the right, upon providing not less than 60 90 days written notice, to move Tenant to other space of comparable size in the Building or in the Project. The new space shall be provided with an ocean view, improvements of comparable quality to those within the Premises and shall contain similar finishes as the Premises, approximately the same rentable square footage as the Premises and approximately the same number of work stations, offices, breakrooms and reception areas as are contained in the Premises as of the date Tenant receives Landlord’s notice of relocation. The total monthly Basic Rent for the new space shall in no event exceed the total monthly Basic Rent for the Premises prior to the relocation and Tenant’s Share for the new space shall in no event exceed Tenant’s Share for the Premises prior to the relocation. Landlord shall pay the reasonable out-of-pocket costs to relocate and reconnect Tenant’s personal property and equipment within the new space. Landlord shall also reimburse Tenant for such other reasonable out-of-pocket costs that Tenant may incur in connection with the relocation. The total monthly Basic Rent for the new space shall in no event exceed the total monthly Basic Rent for the Premises prior to the relocation and Tenant’s Share for the new space shall in no event exceed Tenant’s Share for the Premises prior to the relocation. Within 10 days following request by Landlord, Tenant shall execute an amendment to this Lease prepared by Landlord to memorialize the relocation. No rent shall be payable during the period in which Tenant is unable to operate as a result of the relocation and reconstruction as provided herein. Notwithstanding the foregoing, if in the event the relocation space designated by Landlord provides Tenant with a notice of relocation and is not acceptable to Tenant, in its reasonable judgmentthen Tenant may, determines that the new space is not by written notice to Landlord within 5 business days following delivery of reasonably comparable size and utility when compared to the PremisesLandlord’s relocation notice, Tenant shall have the right elect to terminate this Lease by giving written notice of termination to Landlord (the "Termination Notice"); in such event, unless Landlord revokes in writing its relocation election within 10 three business days after thereafter (in which case the date of Landlord's notice of relocation to Tenant. Tenant’s notice of termination shall set forth the reasons why Tenant believes the new space is not comparable to the Premises. Such termination Termination Notice shall be effective 60 days after the date of Landlord's notice of relocation, provided that Landlord, within 10 days after receipt of Tenant's notice of termination, shall have the right to withdraw its notice of relocation. In such eventnull and void), this Lease shall continue in full force and effect as if Landlord had never provided Tenant with a notice terminate 60 days following delivery of relocationthe Termination Notice.

SPACE PLANNING AND SUBSTITUTION. Landlord shall have the right, upon providing not less than 60 sixty (60) days written notice, to move Tenant to other space of comparable size in the Building or in the Project. The new space shall be provided with an ocean view, improvements of comparable quality to those within the Premises and shall contain similar finishes as the Premises, approximately the same rentable square footage as the Premises and approximately the same number of work stations, offices, breakrooms and reception areas as are contained in the Premises as of the date Tenant receives Landlord’s notice of relocation. The total monthly Basic Rent for the new space shall in no event exceed the total monthly Basic Rent for the Premises prior to the relocation relocation, and Tenant’s Share proportionate share for the new space shall in no event exceed Tenant’s Share proportionate share for the Premises prior to the relocation. Landlord shall pay reimburse Tenant for the reasonable out-of-pocket costs cost to relocate install and reconnect Tenant’s personal property connect telecommunication and equipment within data cabling in the new spacespace in the manner and to the extent such cabling existed in the Premises prior to the relocation; provided that Landlord may elect to cause such work to be done by its contractors. Landlord shall also reimburse Tenant for such other reasonable out-of-pocket costs that Tenant may incur in connection with the relocation, including without limitation necessary stationery revisions, provided that a reasonable estimate thereof is given to Landlord within twenty (20) days following Landlord’s notice. In no event, however, shall Landlord be obligated to incur or fund total relocation costs, exclusive of tenant improvement expenditures, in an amount in excess of two (2) months of Basic Rent at the rate then payable hereunder. Within 10 ten (10) days following request by Landlord, Tenant shall execute an amendment to this Lease prepared by Landlord to memorialize the relocation. Notwithstanding Should Tenant fail timely to execute and deliver the foregoingamendment to Landlord, if or should Tenant thereafter fail to comply with the terms thereof, then Landlord provides Tenant with a notice of relocation and Tenant, in may at its reasonable judgment, determines that the new space is not of reasonably comparable size and utility when compared to the Premises, Tenant shall have the right option elect to terminate this Lease by giving upon not less than sixty (60) days prior written notice of termination to Landlord within 10 days after the date of Landlord's notice of relocation to Tenant. Tenant’s notice of termination shall set forth Upon the reasons why Tenant believes the new space is not comparable to the Premises. Such termination shall be effective 60 days after the date of Landlord's notice any termination of relocationthis Lease, provided that Landlord, within 10 days after receipt of Tenant's notice of termination, Tenant shall have vacate the right to withdraw its notice of relocation. In such event, this Lease shall continue Premises in full force and effect as if Landlord had never provided Tenant accordance with a notice of relocationSection 15.3.

SPACE PLANNING AND SUBSTITUTION. Landlord shall have the right, upon providing not less than 60 days days’ written notice, to move Tenant to other space of comparable size in the Building or in the Project. The new space shall be provided with an ocean view, improvements of comparable quality to those within the Premises and shall contain similar finishes as the Premises, approximately the same rentable square footage as the Premises and approximately the same number of work stations, offices, breakrooms and reception areas as are contained in the Premises as of the date Tenant receives Landlord’s notice of relocation. The total monthly Basic Rent for the new space shall in no event exceed the total monthly Basic Rent for the Premises prior to the relocation and Tenant’s Share for the new space shall in no event exceed Tenant’s Share for the Premises prior to the relocation. Landlord shall pay the reasonable out-of-pocket costs to relocate and reconnect Tenant’s personal property and equipment within the new space. Landlord shall also reimburse Tenant for such other reasonable out-of-pocket costs that Tenant may incur in connection with the relocation. Within 10 days following request by Landlord, Tenant shall execute an amendment to this Lease prepared by Landlord to memorialize the relocation. Notwithstanding the foregoing, if Landlord provides Tenant with a notice of relocation and Tenant, in its reasonable judgment, determines that the new space is not of reasonably comparable size and utility when compared to the Premises, Tenant shall have the right to terminate this Lease by giving written notice of termination to Landlord within 10 days after the date of Landlord's ’s notice of relocation to Tenant. Tenant’s notice of termination shall set forth the reasons why Tenant believes the new space is not comparable to the Premises. Such termination shall be effective 60 days after the date of Landlord's ’s notice of relocation, provided that Landlord, within 10 days after receipt of Tenant's ’s notice of termination, shall have the right to withdraw its notice of relocation. In such event, this Lease shall continue in full force and effect as if Landlord had never provided Tenant with a notice of relocation. Notwithstanding the foregoing, Landlord shall not be entitled to provide Tenant with notice of relocation during the initial 13 month Term.

SPACE PLANNING AND SUBSTITUTION. Landlord shall have the right, upon providing not less than 60 days written notice, to move Tenant to other space of comparable size and quality in the Building or in the Project. The new space shall be provided with an ocean view, improvements of comparable quality to those within the Premises and shall contain similar finishes as the Premises, approximately the same rentable square footage as the Premises and approximately the same number of work stations, offices, breakrooms and reception areas as are contained in the Premises as of the date Tenant receives Landlord’s notice of relocation. The total monthly Basic Rent for the new space shall in no event exceed the total monthly Basic Rent for the Premises prior to the relocation and Tenant’s Share for the new space shall in no event exceed Tenant’s Share for the Premises prior to the relocation. Landlord shall pay the reasonable out-of-pocket costs to relocate and reconnect Tenant’s personal property and equipment within the new space. Landlord shall also reimburse Tenant for such other reasonable out-of-pocket costs that Tenant may incur in connection with the relocation. Within 10 days following request by Landlord, Tenant shall execute an amendment to this Lease prepared by Landlord to memorialize the relocation. Notwithstanding the foregoing, Landlord hereby agrees that it shall not exercise its right to relocate Tenant hereunder during the initial 39 month Lease Term Notwithstanding the foregoing, if Landlord provides Tenant with a notice of relocation and Tenant, in its reasonable judgment, determines that the new space is not of reasonably comparable size and utility when compared to the Premises, Tenant shall have the right to terminate this Lease by giving written notice of termination to Landlord within 10 days after the date of Landlord's notice of relocation to Tenant. Tenant’s notice of termination shall set forth the reasons why Tenant believes the new space is not comparable to the Premises. Such termination shall be effective 60 days after the date of Landlord's notice of relocation, provided that Landlord, within 10 days after receipt of Tenant's notice of termination, shall have the right to withdraw its notice of relocation. In such event, this Lease shall continue in full force and effect as if Landlord had never provided Tenant with a notice of relocation.

SPACE PLANNING AND SUBSTITUTION. Landlord shall have the right, upon providing not less than 60 days written notice, to move Tenant to other space of comparable size in the Building or in the Project. The new space shall be provided with an ocean view, improvements of comparable quality to those within the Premises and shall contain similar finishes as the Premises, approximately the same rentable square footage as the Premises and approximately the same number of work stations, offices, breakrooms and reception areas as are contained in the Premises as of the date Tenant receives Landlord’s notice of relocation. The total monthly Basic Rent for the new space shall in no event exceed the total monthly Basic Rent for the Premises prior to the relocation and Tenant’s Share for the new space shall in no event exceed Tenant’s Share for the Premises prior to the relocation. Landlord shall pay the reasonable out-of-pocket costs to relocate and reconnect Tenant’s personal property and equipment within the new space. Landlord shall also reimburse Tenant for such other reasonable out-of-pocket costs that Tenant may incur in connection with the relocation. Within 10 days following request by Landlord, Tenant shall execute an amendment to this Lease prepared by Landlord to memorialize the relocation. Notwithstanding the foregoing, if Landlord provides Tenant with TURNING POINT THERAPEUTICS-3580 Carmel Mountain Rd-250,Opp-043437_L5.docx 4/12/2021-Opp-043437 a notice of relocation and Tenant, in its reasonable judgment, determines that the new space is not of reasonably comparable size and utility when compared to the Premises, Tenant shall have the right to terminate this Lease by giving written notice of termination to Landlord within 10 days after the date of Landlord's notice of relocation to Tenant. Tenant’s notice of termination shall set forth the reasons why Tenant believes the new space is not comparable to the Premises. Such termination shall be effective 60 days after the date of Landlord's notice of relocation, provided that Landlord, within 10 days after receipt of Tenant's notice of termination, shall have the right to withdraw its notice of relocation. In such event, this Lease shall continue in full force and effect as if Landlord had never provided Tenant with a notice of relocation. Notwithstanding the foregoing, Landlord hereby agrees that it shall not exercise its right to relocate Tenant hereunder during the initial 25 months of the Lease Term.

SPACE PLANNING AND SUBSTITUTION. Following the initial Term, Landlord shall have the right, upon providing not less than 60 90 days written notice, to move Tenant to other space of comparable size in the Building or in on a floor not lower than the Projecttwelfth floor of the Building. The new IOPLEGAL-10-33191 5/10/2019-253184-1.3 space shall be provided with an ocean view, improvements of comparable quality to those within the Premises and shall contain similar finishes as the Premises, approximately the same rentable square footage as the Premises and approximately the same number of work stations, offices, breakrooms and reception areas as are contained in the Premises as of the date Tenant receives Landlord’s notice of relocation. The total monthly Basic Rent for the new space shall in no event exceed the total monthly Basic Rent for the Premises prior to the relocation and Tenant’s Share for the new space shall in no event exceed Tenant’s Share for the Premises prior to the relocation. Landlord shall pay the reasonable out-of-pocket costs to relocate and reconnect Tenant’s personal property and equipment within the new space, including but not limited to moving, furniture, assembly, etc., and constructing similar tenant improvements as the Premises (layout, quality and quantities). Landlord shall also reimburse Tenant for the reasonable cost to move, install and reconnect telecommunication and data cabling in the new space in the manner and to the extent such cabling existed in the Premises prior to the relocation; provided that Landlord may elect to cause all such work to be done by its contractors. Landlord shall also reimburse Tenant for such other reasonable out-of-pocket costs that Tenant may incur in connection with the relocation, including without limitation necessary business card and stationery revisions. Additionally, in the event the new space is larger than the Premises, there shall be no increase in the Basic Rent or Tenant’s Share of Operating Expenses due to the increased size, but in the event the space is smaller than the Premises, the Basic Rent and Tenant’s Share of Operating Expenses shall decrease proportionately. Within 10 business days following request by Landlord, Tenant shall execute an amendment to this Lease prepared by Landlord to memorialize the relocation. Notwithstanding Should Tenant fail timely to execute and deliver the foregoingamendment to Landlord, if or should Tenant thereafter fail to comply with the terms thereof, then Landlord provides Tenant with a notice of relocation and Tenantmay, in at its reasonable judgmentoption, determines that the new space is not of reasonably comparable size and utility when compared to the Premises, Tenant shall have the right elect to terminate this Lease by giving upon not less than 60 days’ prior written notice of termination to Landlord within 10 days after the date of Landlord's notice of relocation to Tenant. Tenant’s notice of termination shall set forth the reasons why Tenant believes the new space is not comparable to the Premises. Such termination shall be effective 60 days after the date of Landlord's notice of relocation, provided that Landlord, within 10 days after receipt of Tenant's notice of termination, shall have the right to withdraw its notice of relocation. In such event, this Lease shall continue in full force and effect as if Landlord had never provided Tenant with a notice of relocation.

SPACE PLANNING AND SUBSTITUTION. Landlord shall have the right, upon providing not less than 60 forty-five (45) days written notice, to move Tenant to other space of substantially comparable size in the Building Building, the Project or in other space owned by Landlord within three (3) miles of the ProjectBuilding (“New Premises”), and this Lease shall continue in effect except that the Premises hereunder shall be redefined to mean the New Premises. The new space New Premises shall be provided with an ocean view, improvements of comparable quality to those within the Premises and shall contain similar finishes as the existing Premises, approximately the same rentable square footage as the Premises and approximately the same number of work stations, offices, breakrooms and reception areas as are contained in the Premises as of the date Tenant receives Landlord’s notice of relocation. The total monthly Basic Rent for the new space shall in no event exceed the total monthly Basic Rent for the Premises prior to the relocation and Tenant’s Share for the new space shall in no event exceed Tenant’s Share for the Premises prior to the relocation. Landlord shall pay the reasonable out-of-pocket costs to relocate and reconnect Tenant’s personal property and equipment within the new spaceNew Premises; provided that Landlord may elect to cause such work to be done by its contractors. Landlord shall also reimburse Tenant for such other reasonable out-of-pocket costs that Tenant may incur in connection with the relocation, including without limitation necessary stationery revisions, provided that a reasonable estimate thereof is given to Landlord within twenty (20) days following Landlord’s notice. In no event, however, shall Landlord be obligated to incur or fund total relocation costs, exclusive of tenant improvement expenditures, in an amount in excess of two (2) months of Basic Rent at the rate then payable hereunder. Within 10 ten (10) days following request by Landlord, Tenant shall execute an amendment to this Lease prepared by Landlord to memorialize the relocation. Notwithstanding Should Tenant fail timely to execute and deliver the foregoingamendment to Landlord for any reason or in the event of any other breach of this Section 7.6, if such failure or breach shall be an Event of Default and damages to Landlord provides as a result shall be determined on the assumption that the New Premises have become the Premises as defined in this Lease, regardless of whether Tenant with a notice of relocation and Tenanthas signed the requested amendment, in its reasonable judgment, determines that addition to damages payable to Landlord which result from any failure by Tenant to vacate the new space is not of reasonably comparable size and utility when compared to the existing Premises, Tenant shall have the right to terminate this Lease by giving written notice of termination as well as any other damages or remedies available to Landlord within 10 days after the date as a result of Landlord's notice such Event of relocation to Tenant. Tenant’s notice of termination shall set forth the reasons why Tenant believes the new space is not comparable to the Premises. Such termination shall be effective 60 days after the date of Landlord's notice of relocation, provided that Landlord, within 10 days after receipt of Tenant's notice of termination, shall have the right to withdraw its notice of relocation. In such event, this Lease shall continue in full force and effect as if Landlord had never provided Tenant with a notice of relocationDefault.

SPACE PLANNING AND SUBSTITUTION. Landlord shall have the right, upon providing not less than 60 sixty (60) days written notice, to move Tenant to other space of comparable size and quality on the third floor or higher in the Building or in the Project; provided that Landlord shall not cause Tenant to be relocated pursuant to this Section more than once during the initial Term of this Lease. The new space shall be provided with an ocean view, improvements of comparable quality to those within the Premises and shall contain similar finishes as the Premises, approximately the same rentable square footage as the Premises and approximately the same number of work stations, offices, breakrooms and reception areas as are contained in the Premises as of the date Tenant receives Landlord’s notice of relocation. The total monthly Basic Rent for the new space shall in no event exceed the total monthly Basic Rent for the Premises prior to the relocation and Tenant’s Share for the new space shall in no event exceed Tenant’s Share for the Premises prior to the relocation. Landlord shall pay the reasonable out-of-pocket costs to relocate and reconnect Tenant’s 's personal property and equipment within the new space; provided that Landlord may elect to cause such work to be done by its contractors. Landlord shall also reimburse Tenant for such other reasonable out-of-pocket costs that Tenant may incur in connection with the relocation, including without limitation necessary stationery revisions, provided that a reasonable estimate thereof is given to Landlord within twenty (20) days following Landlord's notice. In no event, however, shall Landlord be obligated to incur or fund total relocation costs, exclusive of tenant improvement expenditures, in an amount in excess of three (3) months of Basic Rent at the rate then payable hereunder. Within 10 ten (10) days following receipt of request by Landlord, Tenant shall execute an amendment to this Lease prepared by Landlord to memorialize the relocation. Notwithstanding Should Tenant fail timely to execute and deliver the foregoingamendment to Landlord for any reason (including without limitation the inability of the parties to reach an agreement on the proposed relocation), if Landlord provides or should Tenant thereafter fail to comply with a notice of relocation and Tenantthe terms thereof, in its reasonable judgment, determines that the new space then provided such failure is not cured within five (5) business days after receipt of reasonably comparable size and utility when compared to the Premiseswritten notice from Landlord, Tenant shall have the right Landlord may at its option elect to terminate this Lease by giving upon not less than ninety (90) days prior written notice of termination to Landlord within 10 days after the date of Landlord's notice of relocation to Tenant. In the event of such termination, Tenant’s notice 's obligation to pay Basic Rent during the final two (2) months of termination shall set forth the reasons why Tenant believes the new space is not comparable to the Premises. Such termination Term shall be waived. Upon the effective 60 days after the date of Landlord's notice any termination of relocationthis Lease, provided that Landlord, within 10 days after receipt of Tenant's notice of termination, Tenant shall have vacate the right to withdraw its notice of relocation. In such event, this Lease shall continue Premises in full force and effect as if Landlord had never provided Tenant accordance with a notice of relocationSection 15.3.

SPACE PLANNING AND SUBSTITUTION. Landlord shall have the right, upon providing not less than 60 120 days prior written notice, to move Tenant to other space of comparable size in the Building or in the ProjectProject or in other space owned by Landlord or its affiliate(s) in the Discovery Park project or the Sand Canyon Business Center project; provided, however, that Landlord shall not exercise such right during the initial 60 month Term of this Lease. The new space shall be provided with an ocean view, improvements of comparable quality to those within the Premises and shall contain similar finishes as the Premises, approximately the same rentable square footage as the Premises (and if the rentable square footage is lower, the Basic Rent and Tenant’s Share shall be appropriately reduced, but if the rentable square footage is higher, neither the Basic Rent nor Tenant’s Share shall be increased) and approximately the same number of work stations, offices, breakrooms and reception areas as are contained in the Premises as of the date Tenant receives Landlord’s notice of relocation. The total monthly Basic Rent for the new space shall in no event exceed the total monthly Basic Rent for the Premises prior to the relocation and Tenant’s Share for the new space shall in no event exceed Tenant’s Share for the Premises prior to the relocation. Landlord shall pay the reasonable out-of-pocket costs to relocate and reconnect Tenant’s personal property and equipment within the new space. Landlord shall also reimburse Tenant for such other reasonable out-of-pocket costs that Tenant may incur in connection with the relocation. Within 10 days following request by Landlord, Tenant shall execute an amendment to this Lease prepared by Landlord to memorialize the relocation. Notwithstanding the foregoing, if in the event the relocation space designated by Landlord provides Tenant with a notice of relocation and meets the foregoing requirements but is not acceptable to Tenant, in its reasonable judgmentthen Tenant may, determines that the new space is not by written notice to Landlord within 5 business days following delivery of reasonably comparable size and utility when compared to the PremisesLandlord’s relocation notice, Tenant shall have the right elect to terminate this Lease by giving written notice of termination to Landlord (the "Termination Notice"); in such event, unless Landlord revokes in writing its relocation election within 10 three business days after thereafter (in which case the date of Landlord's notice of relocation to Tenant. Tenant’s notice of termination shall set forth the reasons why Tenant believes the new space is not comparable to the Premises. Such termination Termination Notice shall be effective 60 days after the date of Landlord's notice of relocation, provided that Landlord, within 10 days after receipt of Tenant's notice of termination, shall have the right to withdraw its notice of relocation. In such eventnull and void), this Lease shall continue in full force and effect as if Landlord had never provided Tenant with a notice terminate 120 days following delivery of relocationthe Termination Notice.

SPACE PLANNING AND SUBSTITUTION. Landlord shall have the right, upon providing not less than 60 days written notice, to move Tenant to other space of with double-door access directly off the elevator lobby comparable size in the Building or in the Project. The new space shall be provided with an ocean view, improvements of comparable quality to those within the Premises and shall contain similar finishes as the Premises, approximately the same rentable square footage as the Premises and approximately the same number of work stations, offices, breakrooms and reception areas as are contained in the Premises as of the date Tenant receives Landlord’s notice of relocation. The total monthly Basic Rent for the new space shall in no event exceed the total monthly Basic Rent for the Premises prior to the relocation and Tenant’s Share for the new space shall in no event exceed Tenant’s Share for the Premises prior to the relocation. Landlord shall pay the reasonable out-of-pocket costs to relocate and reconnect Tenant’s personal property and equipment within the new space; provided that Landlord may elect to cause such work to be done by its contractors. Landlord shall reimburse Tenant for the reasonable cost to install and connect telecommunication and data cabling in the new space in the manner and to the extent such cabling existed in the Premises prior to the relocation. Landlord shall also reimburse Tenant for such other reasonable out-of-pocket costs that Tenant may incur in connection with the relocation, including without limitation necessary stationery revisions, provided that a reasonable estimate thereof is given to Landlord within 20 days following Landlord’s notice. In no event, however, shall Landlord be obligated to incur or fund total relocation costs, exclusive of tenant improvement expenditures, in an amount in excess of 2 months of Basic Rent at the rate then payable hereunder. Within 10 business days following request by Landlord, Tenant shall execute an amendment to this Lease prepared by Landlord to memorialize the relocation. Notwithstanding Should Tenant fail timely to execute and deliver the foregoingamendment to Landlord, if or should Tenant thereafter fail to comply with the terms thereof, then Landlord provides Tenant with a notice of relocation and Tenant, in may at its reasonable judgment, determines that the new space is not of reasonably comparable size and utility when compared to the Premises, Tenant shall have the right option elect to terminate this Lease by giving upon not less than 60 days prior written notice of termination to Landlord within 10 days after the date of Landlord's notice of relocation to Tenant. Tenant’s notice of termination shall set forth the reasons why Tenant believes the new space is not comparable to the Premises. Such termination shall be effective 60 days after the date of Landlord's notice of relocation, provided that Landlord, within 10 days after receipt of Tenant's notice of termination, shall have the right to withdraw its notice of relocation. In such event, this Lease shall continue in full force and effect as if Landlord had never provided Tenant with a notice of relocation.

SPACE PLANNING AND SUBSTITUTION. Landlord shall have the right, upon providing not less than 60 forty-five (45) days written notice, to move Tenant to other space of substantially comparable size in the Building Building, the Project or in other space owned by Landlord within three (3) miles of the ProjectBuilding ("New Premises"), and this Lease shall continue in effect except that the Premises hereunder shall be redefined to mean the New Premises. The new space New Premises shall be provided with an ocean view, improvements of comparable quality to those within the Premises and shall contain similar finishes as the existing Premises, approximately the same rentable square footage as the Premises and approximately the same number of work stations, offices, breakrooms and reception areas as are contained in the Premises as of the date Tenant receives Landlord’s notice of relocation. The total monthly Basic Rent for the new space shall in no event exceed the total monthly Basic Rent for the Premises prior to the relocation and Tenant’s Share for the new space shall in no event exceed Tenant’s Share for the Premises prior to the relocation. Landlord shall pay the reasonable out-of-pocket costs to relocate and reconnect Tenant’s 's personal property and equipment within the new spaceNew Premises; provided that Landlord may elect to. cause such work to be done by its contractors. Landlord shall also reimburse Tenant for such other reasonable out-out- of-pocket costs that Tenant may incur in connection with the relocation, including without limitation necessary stationery revisions, provided that a reasonable estimate thereof is given to Landlord within twenty (20) days following Landlord's notice. In no event, however, shall Landlord be obligated to incur or fund total relocation costs, exclusive of tenant improvement expenditures, in an amount in excess of two (2) months of Basic Rent at the rate then payable hereunder. Within 10 ten (10) days following request by Landlord, Tenant shall execute an amendment to this Lease prepared by Landlord to memorialize the relocation. Notwithstanding Should Tenant tail timely to execute and deliver the foregoingamendment to Landlord for any reason or in the event of any other breach of this Section 7.6, if such failure or breach shall be an Event of Default and damages to Landlord provides as a result shall be determined on the assumption that the New Premises have become the Premises as defined in this Lease, regardless of whether Tenant with a notice of relocation and Tenanthas signed the requested amendment, in its reasonable judgment, determines that addition to damages payable to Landlord which result from any failure by Tenant to vacate the new space is not of reasonably comparable size and utility when compared to the existing Premises, Tenant shall have the right to terminate this Lease by giving written notice of termination as well as any other damages or remedies available to Landlord within 10 days after the date as a result of Landlord's notice such Event of relocation to Tenant. Tenant’s notice of termination shall set forth the reasons why Tenant believes the new space is not comparable to the Premises. Such termination shall be effective 60 days after the date of Landlord's notice of relocation, provided that Landlord, within 10 days after receipt of Tenant's notice of termination, shall have the right to withdraw its notice of relocation. In such event, this Lease shall continue in full force and effect as if Landlord had never provided Tenant with a notice of relocationDefault.