Common use of Substitution Term Clause in Contracts

Substitution Term. From and after the Substitution Effective Date (defined in Section 2.l.A below), the Premises shall be the Substitution Space, subject to the terms hereof (the "Substitution"). The term of the Lease for the Substitution Space (the "Substitution Term") shall commence on the Substitution Effective Date and, unless sooner terminated in accordance with the Lease, end on the Extended Expiration Date. From and after the Substitution Effective Date, the Substitution Space shall be subject to all the terms and conditions of the Lease except as provided herein. Except as may be expressly provided herein, (a) Tenant shall not be entitled to receive, with respect to the Substitution Space, any allowance, free rent or other financial concession granted with respect to the Existing Premises, and (b) no representation or warranty made by Landlord with respect to the Existing Premises shall apply to the Substitution Space. Notwithstanding anything herein to the contrary, Landlord and Tenant acknowledge that Landlord shall have primary possession of the Substitution Space for the purpose of performing the Tenant Improvement Work during the period beginning on the Substitution Effective Date and ending on the Substitution Rent Commencement Date (the "Construction Period"). Tenant shall have no obligation to pay Base Rent or Additional Rent for the Substitution Space during the Construction Period. In addition, Landlord shall indemnify, defend, protect, and hold Tenant harmless from any obligation, loss, claim, action, liability, penalty, damage, cost or expense (including reasonable attorneys' and consultants' fees and expenses) that is imposed or asserted by any third party and arises from (a) any negligence or willful misconduct of Landlord or any Landlord Parties (defined in Section 10.1 of the Original Lease) in the Substitution Space during the Construction Period, or (b) the performance of Tenant Improvement Work by Landlord in the Substitution Space. A. Substitution Effective Date; Substitution Rent Commencement Date. As used herein, "Substitution Effective Date" means December 15, 2014. As used herein, the "Substitution Rent Commencement Date" the earlier to occur of (i) the date on which Tenant first conducts business in the Substitution Space, or (ii) the date on which the Tenant Improvement Work (defined in Exhibit B attached hereto) is Substantially Complete (defined in Exhibit B attached hereto), which is anticipated to be February 1, 2015 (the "Target Substitution Rent Commencement Date"). The adjustment of the Substitution Rent Commencement Date and, accordingly, the postponement of Tenant's obligation to pay rent for the Substitution Space shall be Tenant's sole remedy if the Tenant Improvement Work is not Substantially Complete on the Substitution Rent Commencement Date. Without limiting the foregoing, during the period prior to the Substitution Rent Commencement Date, Tenant shall continue to pay rent for the Existing Premises in accordance with the terms of the Lease.

Substitution Term. From With respect to the period of time from and after the Substitution Effective Date (defined in Section 2.l.A below), ) (i) the Premises (as defined in the Lease) shall be the Substitution SpaceSpace and (ii) the Building (as defined in the Lease) shall be Concourse I, subject to the terms hereof (the "“Substitution"”). The term of the Lease for the Substitution Space (the "“Substitution Term"”) shall commence on October 1, 2018 (the “Substitution Effective Date Date”) and, unless sooner terminated in accordance with the Lease, end on September 30, 2024 (the “Second Extended Expiration Date”). The portion of the term of the Lease beginning on the date immediately following the Extended Expiration Date (the “Second Extension Date”) and ending on the Second Extended Expiration Date shall be referred to herein as the “Second Extended Term”. From and after the Substitution Effective Date, the Substitution Space shall be subject to all the terms and conditions of the Lease except as provided herein. Except as may be expressly provided herein, (a) Tenant shall not be entitled to receive, with respect to the Substitution Space, any allowance, free rent or other financial concession granted with respect to the Existing Current Premises, and (b) no representation or warranty made by Landlord with respect to the Existing Current Premises shall apply to the Substitution Space. Notwithstanding anything herein Space and (c) no representation or warranty made by Landlord with respect to the contrary, Landlord and Concourse II shall apply to Concourse I. Tenant acknowledge that Landlord shall have primary possession of may enter the Substitution Space and Concourse I early before the Substitution Effective Date (but not before September 1, 2018), solely for the purpose of performing the Tenant Improvement Work during the period beginning on installing telecommunications and data cabling, equipment, furnishings and other personal property in the Substitution Effective Date and ending on Space. Other than the Substitution Rent Commencement Date (the "Construction Period"). Tenant shall have no obligation to pay (with respect to the Substitution Space) Base Rent and Tenant’s Pro Rata Share of Expenses and Taxes, all of Tenant’s obligations under the Lease (as amended hereby) shall apply during any period of such early entry. Notwithstanding the foregoing, Landlord may limit, suspend or Additional Rent for terminate Tenant’s rights to enter the Substitution Space during the Construction Period. In addition, and Concourse I early pursuant hereto if Landlord shall indemnify, defend, protect, and hold Tenant harmless from any obligation, loss, claim, action, liability, penalty, damage, cost or expense (including reasonable attorneys' and consultants' fees and expenses) reasonably determines that such early entry is imposed or asserted by any third party and arises from (a) any negligence or willful misconduct of Landlord or any Landlord Parties (defined in Section 10.1 of the Original Lease) endangering individuals working in the Substitution Space during the Construction Period, or (b) the performance is delaying completion of Tenant Improvement Work by Landlord in the Substitution Space. A. Substitution Effective Date; Substitution Rent Commencement Date. As used herein, "Substitution Effective Date" means December 15, 2014. As used herein, the "Substitution Rent Commencement Date" the earlier to occur of (i) the date on which Tenant first conducts business in the Substitution Space, or (ii) the date on which the Tenant Improvement Work (defined in Exhibit B attached hereto) is Substantially Complete (defined in Exhibit B attached hereto), which is anticipated to be February 1, 2015 (the "Target Substitution Rent Commencement Date"). The adjustment of the Substitution Rent Commencement Date and, accordingly, the postponement of Tenant's obligation to pay rent for the Substitution Space shall be Tenant's sole remedy if the Tenant Improvement Work is not Substantially Complete on the Substitution Rent Commencement Date. Without limiting the foregoing, during the period prior to the Substitution Rent Commencement Date, Tenant shall continue to pay rent for the Existing Premises in accordance with the terms of the Lease.