Common use of Substitute Premises Clause in Contracts

Substitute Premises. At any time during the Term of this Lease, Landlord shall have the right to request in writing that Tenant move to substitute premises situated within the Building ("Substitute Premises"). The Substitute Premises shall contain the same approximate square footage, shall contain similar decor as the Premises and shall provide the same fiber optic technical abilities as the Premises. Except for the change in designation of Premises, all provisions of this Lease shall remain the same. Landlord shall pay the cost of relocating Tenant and its technical equipment, the reasonable cost of reprinting Tenant's stationery, and all costs of preparing and decorating, the Substitute Premises. Tenant shall have thirty (30) days from the date of Landlord's request to accept the Substitute Premises. If Tenant refuses to accept the Substitute Premises or fails to reply to Landlord's request within the time stated, or no Substitute Premises is available, either party may, at its option, terminate this Lease upon thirty (30) days written notice to the other party. If Tenant accepts the Substitute Premises, Tenant shall have four (4) months from the date of landlord's request, to relocate to the Substitute Premises. Landlord represents that such relocation will be accomplished in a manner that will result in Tenant having no interruption of the service it provides to its customers and any expenses incident to same shall be borne by Landlord.

Substitute Premises. At Landlord shall have the right at any time during the Term hereof, upon giving Tenant not less than ninety (90) days prior notice, to provide and furnish Tenant with space elsewhere in the Project (provided that in the event that the Project is a part of this Leasea multi-building development, Landlord shall have the right to request such space may be located anywhere in writing that Tenant move to substitute premises situated within the Building ("Substitute Premises"). The Substitute Premises shall contain such development) of approximately the same approximate square footage, shall contain similar decor size as the Premises and shall provide remove and place Tenant in such space (“Substitute Premises”), with Landlord to pay all verified and previously approved costs and expenses incurred as a result of such movement to such new space, including, without limitation, (i) the same fiber optic technical abilities construction of any improvements in the substitute premises of at least equal quality as the Premises, (ii) installation of functionally equivalent cabling and wiring in the substitute premises; and (iii) reprinting of reasonable quantities of Tenant’s stationery with the new address. Except for If Landlord moves Tenant to such new space, this Lease and each and all of its terms, covenants and conditions shall remain in full force and effect and shall be deemed applicable to such new space and such new space shall thereafter be deemed to be the change in designation of “Premises, all provisions ” as though Landlord and Tenant had entered into an express written amendment of this Lease with respect thereto. Tenant shall remain surrender and vacate the same. then current Premises for which Landlord shall pay the cost of relocating Tenant has exercised this right when required hereunder and its technical equipment, the reasonable cost of reprinting Tenant's stationeryin accordance with Section 29, and all costs any failure to do so shall be subject to Section 5, time being of preparing and decoratingthe essence. In the event the Substitute Premises contain more rentable square feet than the existing Premises, Tenant’s Monthly Basic Rental obligation shall not increase during the then-existing Term; provided however, in the event the Substitute Premises contain fewer rentable square feet than the existing Premises, Tenant’s Monthly Basic Rental shall be calculated on a per rentable square foot basis based on the square footage of the Substitute Premises. Tenant shall have thirty (30) days from the date of Landlord's request to accept the Substitute Premises. If Tenant refuses to accept the Substitute Premises or fails to reply to Landlord's request within the time stated, or no Substitute Premises is available, either party may, at its option, terminate this Lease upon thirty (30) days written notice to the other party. If Tenant accepts the Substitute Premises, Tenant shall have four (4) months from the date of landlord's request, to relocate to the Substitute Premises. Landlord represents that such relocation will be accomplished in a manner that will result in Tenant having no interruption of the service it provides to its customers and any expenses incident to same shall be borne by Landlord.

Substitute Premises. At any time during After the Term date hereof, Landlord may substitute for the Premises other space (hereinafter called “Substitute Premises”) in the Shopping Center. Insofar as reasonably possible, the Substitute Premises shall have a comparable square foot area and a configuration substantially similar to the Premises. Tenant agrees that all of the obligations of this Lease, Landlord shall have including the right payment of Minimum Rent, will continue despite Tenant’s relocation to request in writing that Tenant move to substitute premises situated within the Building ("Substitute Premises"). The Substitute Premises shall contain the same approximate square footage, shall contain similar decor as the Premises and shall provide the same fiber optic technical abilities as the Premises. Except for the change in designation of Premises, all provisions of this Lease shall remain the same. Landlord shall pay the cost of relocating Tenant and its technical equipment, the reasonable cost of reprinting Tenant's stationery, and all costs of preparing and decorating, the Substitute Premises. Upon substantial completion of the Substitute Premises, this Lease will apply to the Substitute Premises as if it had been the space originally described in the Lease. Landlord shall use commercially reasonable efforts to minimize any period when the Premises shall be closed to the public as a result of relocation. Provided that Tenant shall have be unable to conduct any business at the Shopping Center solely due to such relocation, all Rent shall axxxx from the date the Premises are closed until the date the Substitute Premises are open for business. Tenant agrees to use all reasonable efforts to open for business in the Substitute Premises as quickly as is reasonably possible under the circumstances, and in all events within thirty (30) days from the date after Landlord delivers possession of Landlord's request to accept the Substitute Premises. If Tenant refuses to accept the Substitute Premises to Tenant. Landlord hereby agrees to pay the reasonable cost of relocation such as equipment moving and installation costs. Landlord shall not, however, be liable or fails responsible in any way for damages, loss of business, income or profits or injuries suffered by Tenant pursuant to reply to Landlord's request within the time stateda relocation in accordance with this provision including, but limited to, loss of goodwill, business, or no Substitute Premises is available, either party may, at its option, terminate this Lease upon thirty (30) days written notice to the other party. If Tenant accepts the Substitute Premises, Tenant shall have four (4) months from the date of landlord's request, to relocate to the Substitute Premises. Landlord represents that such relocation will be accomplished in a manner that will result in Tenant having no interruption of the service it provides to its customers and any expenses incident to same shall be borne by Landlordprofits.

Substitute Premises. At any time during the Term of this Lease, Landlord shall have the right at any time during the Tenn, upon giving Tenant not less than sixty (60) days prior notice, to request provide and furnish Tenant with space elsewhere in writing the Project (provided that Tenant move to substitute premises situated within in the Building ("Substitute Premises"). The Substitute Premises shall contain event that the Project is a part of a multi-building development, such space may be located anywhere in such development) of approximately the same approximate square footage, shall contain similar decor size as the Premises and shall provide remove and place Tenant in such space, with Landlord to pay all verified and previously approved costs and expenses incurred as a result of such movement to such new space, including without limitation, (i) the same fiber optic technical abilities construction of any improvements in the substitute premises of at least equal quality as the Premises, (ii) installation of functionally equivalent cabling and wiring in the substitute premises; and (iii) reprinting of reasonable quantities of Tenant’s stationery with the new address. Except for If Landlord moves Tenant to such new space, this Lease and each and all of its terms, covenants and conditions shall remain in full force and effect and shall be deemed applicable to such new space and such new space shall thereafter be deemed to be the change in designation of “Premises, all provisions ” as though Landlord and Tenant had entered into an express written amendment of this Lease shall remain the same. Landlord shall pay the cost of relocating Tenant and its technical equipment, the reasonable cost of reprinting Tenant's stationery, and all costs of preparing and decorating, the Substitute Premiseswith respect thereto. Tenant shall have thirty (30) days from surrender and vacate the date then current Premises for which Landlord has exercised this right when required hereunder and in accordance with Section 29, and any failure to do so shall be subject to Section 5, time being of Landlord's request to accept the Substitute Premisesessence. If Notwithstanding the foregoing, Landlord shall not require Tenant refuses to accept the Substitute Premises or fails to reply to Landlord's request within the time stated, or no Substitute Premises is available, either party may, at its option, terminate this Lease upon thirty (30) days written notice to the other party. If Tenant accepts the Substitute Premises, Tenant shall have four (4) months from the date of landlord's request, to relocate pursuant to the Substitute Premises. Landlord represents that such relocation will be accomplished in a manner that will result in Tenant having no interruption of the service it provides this Section 30R at any time prior to its customers and any expenses incident to same shall be borne by LandlordMay 31, 2011.

Substitute Premises. At Landlord shall have the right at any time during the Term hereof, upon giving Tenant not less than sixty (60) days prior notice, to provide and furnish Tenant with space elsewhere in the Project and remove and place Tenant in such space, provided that (a) space shall be of this Lease, Landlord shall have the right to request in writing that Tenant move to substitute premises situated within the Building ("Substitute Premises"). The Substitute Premises shall contain approximately the same approximate square footage, shall contain similar decor size as the Premises with at least comparable improvements as existed in the Premises as of the Commencement Date; (b) Landlord shall pay all verified and reasonable costs and expenses incurred as a result of such movement to new space, including, without limitation, all reasonable out-of-pocket telephone and computer wiring expenses (not to exceed then-current supply) and re-hook up charges, reasonable out-of-pocket replacement costs for then-existing stationery and business cards (with address and Suite number references), not to exceed then-current supply, that would need to be replaced as a result of such relocation, and reasonable out-of-pocket moving company costs; (c) the relocation will take place on a weekend and/or after-hours, and shall provide be accomplished as quickly as reasonably practicable; and (d) Basic Rental and Tenant's Proportionate Share and all other amounts based upon the same fiber optic technical abilities square footage of the Premises shall be based upon the square footage of such new space. If Landlord moves Tenant to such new space, this Lease and each and all of its terms, covenants and conditions shall remain in full force and effect and shall be deemed applicable to such new space and such new space shall thereafter be deemed to be the "Premises" as the Premises. Except for the change in designation of Premises, all provisions though Landlord and Tenant had entered into an express written amendment of this Lease shall remain the same. Landlord shall pay the cost of relocating Tenant and its technical equipment, the reasonable cost of reprinting Tenant's stationery, and all costs of preparing and decorating, the Substitute Premises. Tenant shall have thirty (30) days from the date of Landlord's request to accept the Substitute Premises. If Tenant refuses to accept the Substitute Premises or fails to reply to Landlord's request within the time stated, or no Substitute Premises is available, either party may, at its option, terminate this Lease upon thirty (30) days written notice to the other party. If Tenant accepts the Substitute Premises, Tenant shall have four (4) months from the date of landlord's request, to relocate to the Substitute Premises. Landlord represents that such relocation will be accomplished in a manner that will result in Tenant having no interruption of the service it provides to its customers and any expenses incident to same shall be borne by Landlordwith respect thereto.

Substitute Premises. At On or prior to the date upon which the work, if any, commences in the Premises, as provided for in Section 2.02 hereof, Landlord may, by notice to Tenant, change the location of the Premises from that set forth herein to another space within the Building of approximately the same size as the Premises. Landlord shall also have the right at any time during the Term Term, upon giving Tenant not less than ninety (90) days prior written notice, to provide and furnish Tenant with space elsewhere in the Building of this Leaseapproximately the same size as the Premises and remove and place Tenant in such space, with Landlord paying all reasonable costs and expenses incurred as a result of such move by Tenant. Should Tenant refuse to permit Landlord to move Tenant to such new space at the end of said ninety (90) day period, Landlord shall have the right to request cancel and terminate this Lease effective ninety (90) days after the date of original notification by Landlord by delivering written notice of cancellation to Tenant. If Landlord moves Tenant to such new space, this Lease and all of its terms, covenants and conditions shall remain in writing that Tenant move full force and effect and shall be deemed applicable to substitute premises situated within the Building ("Substitute Premises"). The Substitute Premises such new space and such new space shall contain the same approximate square footage, shall contain similar decor as thereafter be deemed to be the Premises as though Landlord and shall provide the same fiber optic technical abilities as the Premises. Except for the change in designation of Premises, all provisions Tenant had entered into an express written amendment of this Lease shall remain with respect thereto with an appropriate adjustment for any changes in square feet of rentable area in the same. Landlord shall pay the cost of relocating Tenant and its technical equipment, the reasonable cost of reprinting Tenant's stationery, and all costs of preparing and decorating, the Substitute Premises. Tenant shall have thirty (30) days from the date of Landlord's request to accept the Substitute Premises. If Tenant refuses to accept the Substitute Premises or fails to reply to Landlord's request within the time stated, or no Substitute Premises is available, either party may, at its option, terminate this Lease upon thirty (30) days written notice to the other party. If Tenant accepts the Substitute Premises, Tenant shall have four (4) months from the date of landlord's request, to relocate to the Substitute Premises. Landlord represents that such relocation will be accomplished in a manner that will result in Tenant having no interruption of the service it provides to its customers and any expenses incident to same shall be borne by Landlordnew space.

Substitute Premises. At any time during Effective as of the Term Substantial Completion of this Leasethe Ninth Amendment Landlord’s Work (as both terms are hereinafter defined) (the “Relocation Date”), Landlord the Substitute Premises shall have be leased to Tenant in substitution for the right to request in writing that Tenant move to substitute premises situated within the Building ("Substitute Relocation Premises"). The Substitute Premises shall contain be subject to any and all the same approximate terms and conditions of the Lease. On or before the Relocation Date, Tenant shall surrender and yield up the Relocation Premises pursuant to all terms and conditions of the Lease and this Amendment, as applicable, and the Lease shall terminate in part with respect only to the Relocation Premises, and any and all monetary obligations under the Lease with respect to the Relocation Premises shall be paid by Tenant to Landlord through the Relocation Date in accordance with any and all terms and conditions of the Lease, subject to the terms and conditions contained herein. From and after the Relocation Date, provided that Tenant has vacated the Relocation Premises in accordance with the terms contained herein and all terms and conditions of the Lease, as applicable, then (i) the rentable square footagefootage of the Premises shall be amended to mean approximately 253,090 rentable square feet (the “Resulting Premises”) for all purposes under the Lease, shall contain similar decor as including, without limitation, the calculation of Operating Expenses Allocable to the Premises and shall provide the same fiber optic technical abilities as Landlord’s Tax Expenses Allocable to the Premises. Except for the change in designation of Premises, all provisions of this Lease shall remain the same. Landlord shall pay the cost of relocating Tenant and its technical equipment, the reasonable cost of reprinting Tenant's stationery, and (ii) the definition of Premises specified in the Lease and all costs of preparing and decorating, references in the Substitute Lease to “Premises. Tenant shall have thirty (30) days from the date of Landlord's request to accept the Substitute Premises. If Tenant refuses to accept the Substitute Premises or fails to reply to Landlord's request within the time stated, or no Substitute Premises is available, either party may, at its option, terminate this Lease upon thirty (30) days written notice to the other party. If Tenant accepts the Substitute Premises, Tenant shall have four (4) months from the date of landlord's request, to relocate to the Substitute Premises. Landlord represents that such relocation will be accomplished in a manner that will result in Tenant having no interruption of the service it provides to its customers and any expenses incident to same ” shall be borne by Landlorddeemed to mean the “Resulting Premises”.

Substitute Premises. At With respect to the Ninth Floor Premises, Landlord shall have the right at any time during the Term Lease Term, upon giving Tenant not less than sixty (60) days prior written notice, to provide and furnish Tenant with space elsewhere in the Building (provided that such space shall be located on or above the ninth (9th) floor of this Leasethe Building) of approximately the same size and containing the same tenant improvements (which tenant improvements shall be constructed by Landlord at Landlord’s sole cost and expense) as the Ninth Floor Premises and remove and place Tenant in such space, with Landlord to pay all verified and previously approved costs and expenses incurred as a result of such removal of Tenant, exclusive of the cost of replacing Tenant’s existing supply of stationery and business cards. Should Tenant refuse to permit Landlord to move Tenant to such new space at the end of said sixty (60) day period, Landlord shall have the right to request in writing that Tenant move cancel and terminate this Lease with respect to substitute premises situated within the Building ("Substitute Premises"). The Substitute Premises shall contain the same approximate square footage, shall contain similar decor as the Ninth Floor Premises and shall provide Tenant’s prospective obligations hereunder with respect to the same fiber optic technical abilities as the Premises. Except for the change in designation of Premises, all provisions of this Lease shall remain the same. Landlord shall pay the cost of relocating Tenant and its technical equipment, the reasonable cost of reprinting Tenant's stationery, and all costs of preparing and decorating, the Substitute Premises. Tenant shall have thirty Ninth Floor Premises effective ninety (3090) days from after the date of Landlord's request ’s original notification to accept the Substitute PremisesTenant of its intent to relocate Tenant. If Landlord moves Tenant refuses to accept the Substitute Premises or fails to reply to Landlord's request within the time statedsuch new space, or no Substitute Premises is available, either party may, at its option, terminate this Lease upon thirty (30) days written notice to the other party. If Tenant accepts the Substitute Premisesand each and all of its terms, Tenant covenants and conditions shall have four (4) months from the date of landlord's request, to relocate to the Substitute Premises. Landlord represents that such relocation will be accomplished remain in a manner that will result in Tenant having no interruption of the service it provides to its customers full force and any expenses incident to same effect and shall be borne by Landlorddeemed applicable to such new space and such new space shall thereafter be deemed to be the “Substituted Ninth Floor Premises” as though Landlord and Tenant had entered into an express written amendment of this Lease with respect thereto.