Common use of Subleased Premises Clause in Contracts

Subleased Premises. (a) The Subleased Premises shall consist initially of the area located on the first floor of the Building and designated "Space A" on the drawing attached to this Sublease as Exhibit B, which Sublessor and Sublessee agree, for all purposes of this Sublease, contains 4,000 square feet. Sublessor shall deliver to Sublessee, and Sublessee shall accept from Sublessor, possession of Space A on the later to occur of October 14, 1996 or the day on which Sublessor receives the Master Landlord's written consent to this Sublease (the "Commencement Date"). When the Commencement Date is ascertainable, Sublessor and Sublessee shall enter into a side-letter agreement confirming the actual date of the Commencement Date. (b) Effective as of a date specified by at least 10 days prior written notice from Sublessor to Sublessee, which date shall not be earlier than April 1, 1997 or later than July 1, 1997 (the "Space B Commencement Date"), Sublessor shall deliver to Sublessee, and Sublessee shall accept from Sublessor, possession of the area designated as "Space B" on Exhibit B hereto, consisting of the remainder of the space on the first floor of the Building leased by Sublessor, and, thereafter, the Subleased Premises shall consist of Space A and Space B. Sublessor and Sublessee agree that, for all purposes of this Sublease, the Subleased Premises, from and after the Space B Commencement date, shall contain 9,107 square feet. When the Space B Commencement Date is ascertainable, Sublessor and Sublessee shall enter into a side letter agreement confirming the actual date of the Space B Commencement Date. Sublessor agrees to abat▇ ▇▇▇e Rent (defined herein) at a rate of two times the per diem rate for Base Rent for that portion of the Subleased Premises to be delivered on the Space B Commencement Date for each day following July 1, 1997, until delivery of possession of such space (such abatement being hereinafter referred to as the "Space B Delivery Abatement"). The Space B Delivery Abatement shall be applied immediately following the Space B Commencement Date. (c) During the period beginning on the Commencement Date and ending on the Space B Commencement Date (at which time the Subleased Premises will consist of the entire first floor area leased by Sublessor), Sublessee and Sublessee's employees and invitees shall have the right to use, in common with Sublessor and Sublessor's employees and invitees and subject to such reasonable rules and regulations governing the use thereof as Sublessor may from time to time establish, which rules and regulations shall not unreasonably interfere with Sublessee's use and enjoyment of the Subleased Premises, Sublessor's first floor entrance and reception area and the kitchen and conference room presently located within Space B. Sublessor and Sublessee shall each indemnify and hold harmless the other against any loss, claim, liability, cost or expense, including reasonable attorneys' fees and expenses, arising out of the use or possession of the areas in Space B used in common by Sublessor and Sublessee prior to the Space B Commencement Date.

Subleased Premises. (a) As hereinabove provided, the "Minimum Annual Rent" shall mean, during the Initial Term, the First Space Base Rent and, during the Second Space Term, both the First Space Base Rent and the Second Space Base Rent. The Subleased Premises Minimum Annual Rent shall consist initially of the area located be payable, in equal monthly installments, on or before the first floor day of each month (during the Building Sublease Term with respect to the First Space Base Rent and designated "during the Second Space A" on Term with respect to the drawing attached to this Sublease as Exhibit B, which Sublessor and Sublessee agree, for all purposes of this Sublease, contains 4,000 square feet. Sublessor shall deliver to Sublessee, and Sublessee shall accept from Sublessor, possession of Second Space A on the later to occur of October 14, 1996 or the day on which Sublessor receives the Master Landlord's written consent to this Sublease (the "Commencement Date"). When the Commencement Date is ascertainable, Sublessor and Sublessee shall enter into a side-letter agreement confirming the actual date of the Commencement Date. (b) Effective as of a date specified by at least 10 days prior written notice from Sublessor to Sublessee, which date shall not be earlier than April 1, 1997 or later than July 1, 1997 (the "Space B Commencement Date"Base Rent), Sublessor shall deliver to Sublessee, and Sublessee shall accept from Sublessor, possession except that the payment of the area designated as "First Space B" on Exhibit B hereto, consisting of the remainder of the space on the first floor of the Building leased by Sublessor, and, thereafter, the Subleased Premises shall consist of Space A and Space B. Sublessor and Sublessee agree that, for all purposes of this Sublease, the Subleased Premises, from and after the Space B Commencement date, shall contain 9,107 square feet. When the Space B Commencement Date is ascertainable, Sublessor and Sublessee shall enter into a side letter agreement confirming the actual date of the Space B Commencement Date. Sublessor agrees to abat▇ ▇▇▇e Rent (defined herein) at a rate of two times the per diem rate for Base Rent for that portion the first full calendar month of the Sublease Term (following expiration of the sixty (60) day abatement period provided for in Paragraph 4(a) above) shall be made upon Subtenant's signing of this Sublease and the payment of the Second Space Base Rent for the first full calendar month of the Second Space Term shall be made on or before October 1, 2001. Notwithstanding the foregoing, the parties hereby confirm and agree that Subtenant shall be liable for, among other things, the entire amount of the Minimum Annual Rent due to Sublandlord under this Sublease with respect to the entire Subleased Premises (i.e., both the First Space and the Second Space) for the entire Sublease Term in the event of a default (following notice and a five (5) day cure period (in the case of a monetary default) and/or a fifteen (15) day cure period (in the case of a non-monetary default; provided, however, that if such default is not reasonably capable of being cured within such fifteen (15) day period, then so long as Subtenant has commenced curative action within such period and thereafter continues to pursue diligently such curative action, such fifteen (15) day period shall be extended for the period necessary to cure such default, but not more than thirty (30) days, inclusive of the original 15-day period) of Subtenant's obligations under this Sublease during the Initial Term and/or at any time prior to Subtenant taking possession to the Second Space. Except as herein expressly set forth, the Minimum Annual Rent (and all other payments to be delivered on the Space B Commencement Date for each day following July 1, 1997, until delivery of possession of such space (such abatement being hereinafter referred made by Subtenant to as the "Space B Delivery Abatement"). The Space B Delivery Abatement Sublandlord in accordance with this Sublease) shall be applied immediately following the Space B Commencement Date. (c) During the period beginning on the Commencement Date payable without notice or other demand, and ending on the Space B Commencement Date (without recoupment, counterclaim, set-off or other deduction, at which time the Subleased Premises will consist of the entire first floor area leased by Sublessor)Sublandlord's address set forth in Paragraph 13 hereinbelow, Sublessee and Sublessee's employees and invitees shall have the right to use, in common with Sublessor and Sublessor's employees and invitees and subject to or at such reasonable rules and regulations governing the use thereof other place as Sublessor Sublandlord may designate from time to time establish, which rules and regulations shall not unreasonably interfere with Sublessee's use and enjoyment of the Subleased Premises, Sublessor's first floor entrance and reception area and the kitchen and conference room presently located within Space B. Sublessor and Sublessee shall each indemnify and hold harmless the other against any loss, claim, liability, cost or expense, including reasonable attorneys' fees and expenses, arising out of the use or possession of the areas in Space B used in common by Sublessor and Sublessee prior notice to the Space B Commencement DateSubtenant.

Subleased Premises. (a) The Subleased Premises shall consist initially of the area located on the first floor of the Building and designated "Space A" on the drawing attached 1.1 Sublessor sublets to this Sublease as Exhibit B, which Sublessor Sublessee and Sublessee agree, for all purposes of this Sublease, contains 4,000 square feet. Sublessor shall deliver to Sublessee, and Sublessee shall accept subleases from Sublessor, possession of Space A on the later to occur of October 14, 1996 or the day on which Sublessor receives the Master Landlord's written consent to this Sublease (the "Commencement Date"). When the Commencement Date is ascertainable, Sublessor and Sublessee shall enter into a side-letter agreement confirming the actual date of the Commencement Date. (b) Effective as of a date specified by at least 10 days prior written notice from Sublessor to Sublessee, which date shall not be earlier than April 1, 1997 or later than July 1, 1997 (the "Space B Commencement Date"), Sublessor shall deliver to Sublessee, and Sublessee shall accept from Sublessor, possession of the area designated as "Space B" on Exhibit B hereto, consisting of the remainder of the space on the first floor of the Building leased by Sublessor, and, thereafter, the Subleased Premises shall consist of Space A and Space B. Sublessor and Sublessee agree that, for all purposes of this Sublease, the Subleased Premises, from . Sublessor warrants and after represents that the Space B Commencement date, shall contain 9,107 square feet. When the Space B Commencement Date is ascertainable, Sublessor and Sublessee shall enter into a side letter agreement confirming the actual date copy of the Space B Commencement DatePrime Lease attached hereto as EXHIBIT A is a true, correct and complete copy thereof and that such Prime Lease represents the entire understanding and agreement between Landlord and Sublessor with respect to the Subleased Premises. Except as otherwise provided in this Sublease, Sublessee acknowledges and agrees that Sublessor has made and makes no warranties or representations of any nature whatsoever with respect to any aspect of the condition or otherwise relative to the Subleased Premises and that Sublessee is taking the Subleased Premises strictly in its “AS IS” condition. Sublessor agrees to abat▇ ▇▇▇e provide Sublessee with a Tenant Improvement Allowance of [***]. Such allowance shall be paid to Sublessee as a Rent credit over the six (defined herein6) at a rate of two times the per diem rate for Base Rent for that portion month period of the Subleased Premises to be delivered on the Space B Commencement Date for each day following sublease term from July 1, 19972007 through December 31, until delivery of possession of such space (such abatement being hereinafter referred to as the "Space B Delivery Abatement")2007. The Space B Delivery Abatement shall be applied immediately following the Space B Commencement Date. (c) During the period beginning on the Commencement Date and ending on the Space B Commencement Date (at which time the Subleased Premises will consist of the entire first floor area leased by Sublessor)As such, Sublessee and Sublessee's employees and invitees shall have the right to usededuct up to one sixth (1/6th) of the Tenant Improvement Allowance or [***] from its monthly Rent during the six (6) month period of July 1, 2007 through December 31, 2007 of the Sublease. 1.2 As of the Effective Date, Sublessor warrants and represents to Sublessee that: (a) Sublessor is not now, and as of the Commencement Date (as defined below) will not be, in common default or breach of any of the terms or provisions of the Prime Lease, (b) Sublessor has no notice or knowledge of any claim by Landlord that Sublessor is or would, with Sublessor the passage of time or the giving of notice or otherwise, be in default or breach of any of the terms or provisions of the Prime Lease, (c) to the knowledge of Sublessor, Landlord is not in default or breach of any of the terms or provisions of the Prime Lease, (d) to the knowledge of Sublessor, the Subleased Premises are in full compliance with all applicable laws, statutes, ordinances, rules, regulations, directives, orders and Sublessor's employees other requirements of any federal, state and invitees municipal entities, or otherwise, including without limitation the Americans with Disabilities Act and subject to such reasonable all applicable environmental laws, rules and regulations governing the use thereof as regulations. 1.3 Sublessor may from time to time establish, which rules and regulations shall not unreasonably interfere with Sublessee's use and enjoyment of the Subleased Premises, Sublessor's first floor entrance and reception area and the kitchen and conference room presently located within Space B. Sublessor and Sublessee shall each indemnify and hold Sublessee harmless from claims arising from Sublessor’s breach of its representations and warranties contained in this Sublease. This Section 1.3 shall survive the other against any loss, claim, liability, cost termination or expense, including reasonable attorneys' fees and expenses, arising out expiration of the use or possession of the areas in Space B used in common by Sublessor and Sublessee prior to the Space B Commencement Datethis Lease.

Subleased Premises. (a) The Subleased Premises shall consist initially of the area located on the first floor of the Building and designated "Space A" on the drawing attached Tenant intends to this Sublease as Exhibit B, which Sublessor and Sublessee agree, for all purposes of this Sublease, contains 4,000 square feet. Sublessor shall deliver to Sublessee, and Sublessee shall accept from Sublessor, possession of Space A on the later to occur of October 14, 1996 or the day on which Sublessor receives the Master Landlord's written consent to this Sublease (the "Commencement Date"). When the Commencement Date is ascertainable, Sublessor and Sublessee shall enter into a side-letter agreement confirming the actual date of the Commencement Date. (b) Effective as of a date specified by at least 10 days prior written notice from Sublessor to Sublessee, which date shall not be earlier than April 1, 1997 or later than July 1, 1997 sublease (the "Space B Commencement Date"“Sublease”) with Central Industrial Supply Company (“CIS”), Sublessor shall deliver to Sublessee, and Sublessee shall accept from Sublessor, possession of the area designated as "Space B" on Exhibit B hereto, consisting of the remainder of the space on the first floor of the Building leased by Sublessor, and, thereafter, the Subleased Premises shall consist of Space A and Space B. Sublessor and Sublessee agree that, for all purposes of this Sublease, the Subleased Premises, from and after the Space B Commencement date, shall contain 9,107 square feet. When the Space B Commencement Date is ascertainable, Sublessor and Sublessee shall enter into a side letter agreement confirming the actual date of the Space B Commencement Date. Sublessor agrees to abatthat certain premises located ▇▇ ▇▇▇e Rent ▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇ (defined herein) at a rate of two times the per diem rate for Base Rent for that portion “Subleased Premises”), which such Subleased Premises is adjacent to the Premises. Provided the terms of the Subleased Premises Sublease require that Tenant, as subtenant under the Sublease, will pay the rent under the Sublease in the amounts set forth in that certain Standard Industrial Lease dated August 16, 2006 by and between Landlord, as landlord, and CIS, as tenant (the “CIS Lease”), Landlord will agree that in the event Landlord elects to terminate the CIS Lease due to a default by CIS prior to the termination of the Sublease, the Sublease shall not terminate (even if the Sublease term has not commenced pursuant to the terms of the Sublease) and Tenant, as subtenant under the Sublease, shall attorn to Landlord and recognize Landlord as the sublandlord under the Sublease, upon the terms and conditions and at the rental rate specified in the Sublease, and for the then remaining term of the Sublease, except that Landlord shall not be delivered on bound by any provision of the Space B Sublease which in any way increases Landlord’s duties, obligations or liabilities to Tenant, as sublesee, beyond those owed to CIS under the CIS Lease. If the CIS Lease is terminated after the Sublease has been executed but prior to the commencement date of the Sublease term, Landlord will agree that (i) the Sublease term shall commence upon the termination of the CIS Lease (the “Early Sublease Commencement Date Date”) and that Tenant, as subtenant, shall commence paying rent under the Sublease (at the rates set forth in the CIS Lease) upon the Early Sublease Commencement Date, and (ii) Tenant, as subtenant, shall not be responsible for each day following July 1any amounts due under the CIS Lease and unpaid by CIS for periods prior to the Early Sublease Commencement Date. The foregoing provisions of this paragraph shall apply notwithstanding that, 1997as a matter of law, until delivery the Sublease may otherwise terminate upon the termination of possession the CIS Lease. In the event of such space an attornment, Landlord shall not (such abatement being hereinafter referred i) be liable to Tenant, as the "Space B Delivery Abatement"). The Space B Delivery Abatement shall be applied immediately following the Space B Commencement Date. (c) During the period beginning on the Commencement Date and ending on the Space B Commencement Date (at which time the Subleased Premises will consist sublessee, for any act, omission or breach of the entire first floor area leased Sublease by Sublessor)CIS, Sublessee and Sublessee's employees and invitees (ii) be subject to any offsets or defenses which Tenant, as sublessee, might have against CIS, (iii) be bound by any rent or additional rent which Tenant, as sublessee, might have paid in advance to CIS, (iv) be bound to honor any rights of Tenant, as sublessee, in any security deposit made with CIS except to the extent CIS has turned over such security deposit to Landlord. Landlord shall have the right to use, in common with Sublessor reasonably review and Sublessor's employees and invitees and subject to such reasonable rules and regulations governing the use thereof as Sublessor may from time to time establish, which rules and regulations shall not unreasonably interfere with Sublessee's use and enjoyment of the Subleased Premises, Sublessor's first floor entrance and reception area and the kitchen and conference room presently located within Space B. Sublessor and Sublessee shall each indemnify and hold harmless the other against any loss, claim, liability, cost or expense, including reasonable attorneys' fees and expenses, arising out of the use or possession of the areas in Space B used in common by Sublessor and Sublessee prior consent to the Space B Commencement DateSublease and to require Tenant and CIS to enter into a consent form provided by Landlord.

Subleased Premises. Sublessor hereby subleases to Sublessee and Sublessee hereby rents from Sublessor the Premises. On and after May 1, 2002 (aor such earlier date as provided herein or otherwise agreed to in writing by the Parties), Sublessee also rents from Sublessor the ACC Sublease Premises which shall also be included in the Premises. Sublessor shall not be responsible for any delays in delivering possession of the ACC Sublease Premises to Sublessee so long as it uses reasonable steps to deliver possession to Sublessee as soon as possible after May 1, 2002. In the event that Sublessor is unable, notwithstanding its reasonable steps, to deliver possession of the ACC Sublease Premises to Sublessee on May 1, 2002, Sublessee's obligations to pay Base Rent (as set forth below) The Subleased and other Rent (as defined below) which is attributable to the ACC Sublease Premises shall consist initially be suspended until Sublessor is able to deliver possession of the area located on the first floor ACC Sublease Premises. In other words, until Sublessor is able to deliver possession of the Building ACC Sublease Premises, Sublessee shall pay only Eighty-Nine and designated "Space A" on 03/100 percent (89.03%) of the drawing attached Base Rent for the applicable period(s) set forth below in section 2.1 plus those costs for Additional Rent set forth in section 2.2 (in lieu of section 2.3) below, in addition to its other obligations under the Sublease. None of the Existing ACC Sublease provisions shall apply to this Sublease. Notwithstanding the provisions of this section 1.1 above, in the event that the Existing ACC Sublease is terminated prior to May 1, 2002, then so long as Exhibit B, which Sublessor and Sublessee agree, for all purposes is not then in default under the terms of this Sublease, contains 4,000 square feet. Sublessor and no event shall deliver to Sublesseehave occurred and be continuing which, and under the terms of this Sublease would constitute a default under the Sublease after the giving of notice or passage of time, or both, Sublessee shall accept from Sublessor, possession of Space A on begin renting the later to occur of October 14, 1996 or ACC Sublease Premises immediately following the day on which Sublessor receives the Master Landlord's written consent to this Sublease (the "Commencement Date"). When the Commencement Date is ascertainable, Sublessor and Sublessee shall enter into a side-letter agreement confirming the actual date termination of the Commencement Date. (b) Effective as of a date specified Existing ACC Sublease and the vacancy by at least 10 days prior written notice from Sublessor to Sublessee, which date shall not be earlier than April 1, 1997 or later than July 1, 1997 (the "Space B Commencement Date"), Sublessor shall deliver to Sublessee, and Sublessee shall accept from Sublessor, possession ACC of the area designated as "Space B" on Exhibit B hereto, consisting ACC Sublease Premises. In the event of such early renting by Sublessee of the remainder of the space on the first floor of the Building leased by Sublessor, and, thereafter, the Subleased Premises shall consist of Space A and Space B. Sublessor and Sublessee agree that, for all purposes of this Sublease, the Subleased ACC Sublease Premises, then from and after the Space B Commencement date, shall contain 9,107 square feet. When the Space B Commencement Date is ascertainable, Sublessor and Sublessee shall enter into a side letter agreement confirming the actual date of such early renting, in addition to all of Sublessee's obligations under the Space B Commencement Date. Sublessor agrees to abat▇ ▇▇▇e Sublease, the Additional Rent (defined herein) at a rate of two times shall be payable by Sublessee in accordance with section 2.3 below, and the per diem rate for monthly Base Rent for that portion of the Subleased Premises to be delivered on the Space B Commencement Date for each day following July 1, 1997, until delivery of possession of such space (such abatement being hereinafter referred to as the "Space B Delivery Abatement"). The Space B Delivery Abatement set forth in section 2.1 shall be applied immediately modified in accordance with the following the Space B Commencement Date. (c) During the period beginning on the Commencement schedule: Starting Ending Monthly Date and ending on the Space B Commencement Date (at which time the Subleased Premises will consist of the entire first floor area leased by Sublessor), Sublessee and Sublessee's employees and invitees shall have the right to use, in common with Sublessor and Sublessor's employees and invitees and subject to such reasonable rules and regulations governing the use thereof as Sublessor may from time to time establish, which rules and regulations shall not unreasonably interfere with Sublessee's use and enjoyment of the Subleased Premises, Sublessor's first floor entrance and reception area and the kitchen and conference room presently located within Space B. Sublessor and Sublessee shall each indemnify and hold harmless the other against any loss, claim, liability, cost or expense, including reasonable attorneys' fees and expenses, arising out of the use or possession of the areas in Space B used in common by Sublessor and Sublessee prior to the Space B Commencement Date.Base Rent ----------- ----------- ------------ 02/01/99 01/31/2000 $90,915.00 02/01/2000 01/31/2001 $95,700.00 02/01/2001 01/31/2002 $100,485.00 02/01/2002 01/31/2003 $105,270.00 02/01/2003 01/31/2004 $110,055.00 02/01/2004 05/31/2004 $115,797.00