Common use of Substitution of Premises Clause in Contracts

Substitution of Premises. Subject to the conditions specified in this Xxxxxxxxx 00, Xxxxxxxx reserves the right without Tenant’s consent after giving not less than 90 days prior notice, may move Tenant to other space in the Building comparable in size and utility to the Premises, provided that the size of the new space is no less than ninety-five percent (95%) of the original Premises. In addition, such other space must: (i) contain similar finishes, quality and layout as the Premises, and the same or greater number of work stations, offices, breakrooms, ping pong room and reception areas as are contained in the Premises as of the date Tenant receives Landlord’s notice of relocation; and (ii) be located on the ground floor. In such event, all terms hereof shall apply to the new space, except that Base Rent and Tenant’s Proportionate Share shall not increase as a result of such relocation (if the substituted premises are larger and shall decrease proportionately if the new space is smaller than the Premises. Landlord, at its expense, shall provide Tenant with tenant improvements in the new space at least equal in quality to those in the Premises. Landlord shall reimburse Tenant for Tenant’s reasonable out-of-pocket costs incurred in connection with such relocation, including without limitation, moving, re-cabling, installing Tenant’s furniture, fixtures and equipment signage and stationery-replacement costs. The parties shall execute a written agreement prepared by Landlord memorializing the relocation. Unless otherwise agreed to in writing by Tenant, Landlord shall effect the relocation move into the new space during a weekend or any Holiday or after 5:00 p.m. on a Friday (the “Approved Relocation Times”) so that Tenant’s business is not interrupted during the relocation. Notwithstanding the foregoing, if Landlord fails to substantially complete the relocation during the Approved Relocation Times and, as a result thereof, Tenant cannot open in the Relocation Space on the business day immediately following the relocation during the Approved Relocation Times, Tenant shall be entitled to receive a per diem abatement of Base Rent for each business day the relocation prohibits the Tenant from operating its business during such business day(s) as a result of the acts or omissions Tenant, its agents, employees or contractors.

Substitution of Premises. Subject If (a) Tenant at any time during the thirty-seven (37) months of the original Term of this Lease shall notify Landlord in writing (herein, the "Expansion Request Notice") that Tenant desires to expand the conditions specified in amount of space leased by Tenant by one hundred percent (100%) or more over the amount of space then being leased by Tenant pursuant to this Xxxxxxxxx 00Lease, Xxxxxxxx reserves which Expansion Request Notice shall set forth the right without Tenant’s consent after giving not less amount of space then required by Tenant for such expansion of the size of the Premises, and (b) Tenant has not, as of the date of such Expansion Request Notice, subleased, assigned or otherwise transferred more than 90 days prior noticefive percent (5%) of the space comprising the original Premises under this Lease, may move Tenant to other and (c) there is not, as of the date of such Expansion Request Notice, sufficient contiguous space in the Building comparable then reasonably available for lease to Tenant sufficient to satisfy Tenant's expansion needs as described in size such Expansion Request Notice, and utility (d) sufficient contiguous space is then reasonably available in another building in the Hall Office Park to the Premisessatisfy Tenant's expansion requirements as set forth in such Expansion Request Notice, then, provided that the size all of the new foregoing conditions are satisfied, Landlord shall reasonably endeavor to assist Tenant in relocating to such other available space is no in the Hall Office Park (which space would then be substituted for the Premises covered by this Lease, pursuant to an amendment to this Lease to be executed by and between Landlord and Tenant in form and content mutually and reasonably satisfactory to each of Landlord and Tenant); provided, that as conditions precedent to any such relocation of Tenant to such other building in the Hall Office Park and the substitution of premises in such other building for the Premises covered by this Lease, (i) the rent for any such substitute premises must be mutually and reasonably agreed upon between Landlord and Tenant in advance in writing, which rent must be at a rate not less than ninety-five percent that which is the then current market rate for the particular building in the Hall Office Park in which such substitute premises are located, (95%ii) all logistical details of such relocation of Tenant, including without limitation details as to the process and allocation of responsibility for constructing or installing alterations or improvements to the substitute premises, the vacating and surrender of the original Premises. In additionPremises covered under this Lease, applicable changes to the rights of Tenant under the Parking Agreement attached hereto as Exhibit "F", must all be mutually and reasonably agreed to by Landlord and Tenant in advance in writing, (iii) appropriate modifications to Section 2.2 hereof, with regard to the measurements of the building in which the substitute premises are situated and the measurement of such other space must: (i) contain similar finishessubstitute premises, quality and layout as well as the Premisesresulting change in Tenant's applicable pro-rata shares under this Lease, must be mutually and the same or greater number of work stationsreasonably agreed to by Landlord and Tenant in advance in writing, offices, breakrooms, ping pong room and reception areas as are contained in the Premises as of the date Tenant receives Landlord’s notice of relocation; and (iiiv) be located on the ground floor. In such event, all terms hereof shall apply any applicable changes to the new spaceSecurity Deposit as may be reasonably requested by Landlord in connection with any such substitution of premises must be mutually and reasonably agreed to by Landlord and Tenant in advance in writing, except that Base Rent (v) Tenant shall pay all moving costs and Tenant’s Proportionate Share shall not increase as a result of such relocation (if the substituted premises are larger and shall decrease proportionately if the new space is smaller than the Premises. Landlord, at its expense, shall provide Tenant with tenant improvements in the new space at least equal in quality to those in the Premises. Landlord shall reimburse Tenant for Tenant’s reasonable out-of-pocket costs incurred expenses in connection with such relocationsubstitution of premises pursuant to this paragraph, including without limitation, moving, re-cabling, installing Tenant’s furniture, fixtures and equipment signage (vi) Tenant and stationery-replacement costs. The parties shall execute a written agreement prepared by Landlord memorializing the relocation. Unless otherwise agreed to must mutually and reasonably agree in writing by Tenantin advance, Landlord shall effect in form and content reasonably satisfactory to each, upon all other terms and conditions applicable to any such relocation of Tenant to another building in the relocation move into the new space during a weekend or any Holiday or after 5:00 p.m. on a Friday (the “Approved Relocation Times”) so that Tenant’s business is not interrupted during the relocationHall Office Park and substitution of premises pursuant to this paragraph. Notwithstanding anything to the foregoingcontrary above, if Landlord fails to substantially complete the relocation during the Approved Relocation Times and, as a result thereof, Tenant candoes not open have any space available in the Relocation Space Hall Office Park to satisfy Tenant's expansion requirements then Tenant may terminate this lease within sixty (60) days of the notice from Landlord that no such space is available, which Landlord will use their best efforts to respond in a commercially reasonable timeframe, and Tenant shall pay to Landlord the unamortized costs of this Lease transaction which shall include three-fifths (3/5's) of the tenant finishout cost of the Premises which totals $13.20 per rentable square foot, the in-house commissions on the business day immediately following transaction and the relocation during value of the Approved Relocation Times, free rental all amortized over the term with an interest rate of eight percent (8%) plus the value of two (2) months rental payment. Tenant shall be entitled responsible for all base rental and other rental charges until the date they vacate and the date of termination of this Lease. NOTICE OF INDEMNIFICATION The parties to receive a per diem abatement of Base Rent for each business day the relocation prohibits the this Lease agreement hereby acknowledge and agree that this lease agreement contains certain indemnification provisions. EXECUTED, made and entered into by Landlord and Tenant from operating its business during such business day(s) effective as a result of the acts or omissions Tenant, its agents, employees or contractorsEffective Date.

Substitution of Premises. Subject With respect to (i) Suite 620, (ii) the conditions specified Expansion Space, and (iii) any other space leased by Tenant in this Xxxxxxxxx 00the Building and comprising less than a full floor (such items (i)-(iii) above are, Xxxxxxxx reserves individually or collectively, the “Eligible Space”), Landlord shall have the right without Tenant’s consent after giving not less than 90 days prior notice, may to move Tenant from any such Eligible Space, upon sixty (60) days’ prior written notice of the date of such move, to other space in the Building which is reasonably comparable in size and utility to the applicable Eligible Space in size, design, layout and improvements (“Substitution Premises, provided that the size of the new space is no less than ninety-five percent (95%) of the original Premises. In addition, such other space must: (i) contain similar finishes, quality and layout as the Premises”), and the same or greater number of work stations, offices, breakrooms, ping pong room and reception areas as are contained in the Premises as of the date Tenant receives Landlord’s notice of relocation; and (ii) be located on the ground floor. In such event, all terms hereof shall apply to the new spacespace with equal force; provided, except however, to the extent that Base Rent and Tenant’s Proportionate Share any space comprising Eligible Space is immediately adjacent to or contiguous with another space comprising Eligible Space, then Landlord shall not increase as a result have the right to only move Tenant from one such Eligible Space, but shall only have the right to move Tenant from all of such relocation adjacent or contiguous Eligible Space. In the event that Landlord elects to move Tenant from Eligible Space, Landlord shall (if the substituted premises are larger and shall decrease proportionately if the new space is smaller i) give Tenant not less than the Premises. Landlordsixty (60) days’ prior written notice, (ii) provide Tenant, at its Landlord’s sole cost and expense, shall provide Tenant with a reasonable allowance for moving expenses, stationery, business cards and related items to replace those which become obsolete by such move, (iii) provide, at Landlord’s sole cost and expense, tenant improvements in the new space at least equal in quality and design to those in the Premises. Landlord shall reimburse Tenant for Tenant’s reasonable out-of-pocket costs incurred in connection with such relocationapplicable Eligible Space, including including, without limitation, moving, re-cabling, installing any Alterations or data and voice cabling which may have been installed in the applicable Eligible Space by Tenant and Landlord and shall move Tenant’s furniture, fixtures and equipment signage and stationery-replacement costs. The parties shall execute a written agreement prepared by Landlord memorializing the relocation. Unless otherwise agreed effects to in writing by Tenant, Landlord shall effect the relocation move into the new space during a weekend or any Holiday or after 5:00 p.m. on a Friday (at Landlord’s sole cost and expense at such time and in such manner as to inconvenience Tenant as little as reasonably practicable. Simultaneously with such relocation of such portion of the “Approved Relocation Times”) so that Premises, the parties shall immediately execute an amendment to this Lease stating the relocation of such portion of the Premises. In no event shall Tenant’s business is not interrupted during Rent be increased unless Tenant has requested a space larger than the relocationapplicable Eligible Space at the time of notice of relocation or unless Tenant has then currently been in negotiations with Landlord for expansion space. Except as otherwise specified in this Article 22, such relocation of Tenant from the Eligible Space to other space in the Building shall have no effect on Tenant’s lease of the remainder of the Premises. Notwithstanding anything to the foregoingcontrary set forth in this Article 22, if Landlord fails to substantially complete the relocation during extent that all of the Approved Relocation Times andEligible Space that is located on any one floor of the Building comprises, as a result thereof, Tenant cannot open in the Relocation Space aggregate, at least seventy-five percent (75%) of the applicable rentable square footage on such floor of the business day immediately following the relocation during the Approved Relocation TimesBuilding, Tenant Landlord’s rights under this Article 22 shall be entitled ineffective except to receive a per diem abatement of Base Rent for each business day the relocation prohibits extent that such Eligible Space shall at any point thereafter comprise, in the Tenant from operating its business during such business day(saggregate, less than seventy-five percent (75%) as a result of the acts or omissions Tenant, its agents, employees or contractorsapplicable rentable square footage on such floor of the Building.