Common use of Temporary Space Clause in Contracts

Temporary Space. 40.01 During the period (hereinafter referred to as the "Temporary Period") commencing on the later to occur of (a) January 1, 2000 and (b) the date which shall be fifteen (15) days after the date of mutual execution and delivery of this lease and continuing until the date that shall be the earlier to occur of (a) the six (6) month anniversary of the Commencement Date and (b) the date Tenant commences business in the Demised Premises (such date being hereinafter referred to as the "Temporary Space Expiration Date"), Landlord shall make available to Tenant the space set forth on Exhibit C annexed hereto and made a part hereof (hereinafter referred to as the "Temporary Space") which Landlord and Tenant agree shall be deemed to consist of 4,750 rentable square feet, for temporary occupancy by Tenant during such period that Tenant is performing Tenant's Work. Tenant shall pay Landlord on account of its use of the Temporary Space, as additional rent, the amount (hereinafter referred to as the "Temporary Space Rent") of $126,817.50 per annum ($10,568.13 per month) payable on the first day of each calendar month during the Temporary Period, which Temporary Space Rent includes $12,567.50 per annum ($1,047.29 per month) on account of electricity furnished to the Temporary Space by Landlord. 40.02 Such occupancy shall be upon all of the terms, covenants and conditions of this Lease except that the provisions of Sections 1.03, 1.04, 1.08, 16.01, 16.02, 16.07 and 1608 and Articles 4, 5, 31 and 39 shall not apply to the Temporary Space. 40.03 Tenant shall accept the Temporary Space in "as is" condition. 40.04 Notwithstanding anything herein to the foregoing, in the event ▇▇▇▇▇▇ fails to surrender vacant possession of the entire Temporary Space to Landlord on or before the Temporary Space Expiration Date, then from and after the Temporary Space Expiration Date, up to and including the date Tenant surrenders vacant possession of the entire Temporary Space to Landlord, the reference in Section 24.02(a) to "fixed rent and additional rent payable by Tenant under this lease" shall be deemed to refer to the Temporary Space Rent and the provisions of Section 24.02(b) and (c) shall apply with respect thereto with the reference in Section 24.02(b) to "any rent paid by Tenant pursuant to Section 24.02(a) above" being deemed to refer to the Temporary Space Rent. 40.05 Nothing herein shall be deemed an agreement of, or consent by, Landlord to allow Tenant to remain in possession of the Temporary Space, or any portion thereof, beyond the Temporary Space Expiration Date and if ▇▇▇▇▇▇ does not surrender vacant possession of the entire Temporary Space to Landlord by the Temporary Space Expiration Date, Landlord shall be entitled to exercise all rights available to it at law, in equity and/or under this lease for a holdover by Tenant with respect to the Temporary Space.

Temporary Space. 40.01 During In the period event that Landlord in unable to timely cause the termination of the Nuera Lease as set forth in Section 29.37, above, and in the event that despite Tenant’s good faith, diligent efforts, Tenant is unable to enter into such Nuera Sublease as set forth in Section 39.37.1, above (hereinafter referred which failure shall be deemed not to as have occurred in the "event that Tenant refuses to enter into the Nuera Sublease on commercially reasonable terms) on or before June 1, 2006, then no later than June 1, 2006, Landlord shall provide Tenant with at least 20,000 rentable square feet of space in the building located at ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ (the “Temporary Period") commencing Space”). The term of Tenant’s lease of the Temporary Space shall terminate on the later to occur of date (a) January 1, 2000 and (b) the date which shall be fifteen (15) days after the date of mutual execution and delivery of this lease and continuing until the date that shall be the earlier to occur of (a) the six (6) month anniversary of the Commencement Date and (b) the date Tenant commences business in the Demised Premises (such date being hereinafter referred to as the "“Temporary Space Expiration Date")”) which is ninety-one (91) days following the date upon which Landlord tenders possession of all or any portion of the 10445 Premises to Tenant. Tenant’s possession of the Temporary Space shall be subject to the terms and conditions of this Lease as though such Temporary Space were included in the Premises, Landlord except that (A) Tenant shall make available not be required to Tenant pay Base Rent or, generally, Tenant’s Share of the space set forth on Exhibit C annexed hereto and made a part hereof (hereinafter referred Direct Expenses otherwise attributable to as such Temporary Space during Tenant’s period of occupancy of the "Temporary Space") which Landlord and Tenant agree shall be deemed to consist of 4,750 rentable square feet; provided, for temporary occupancy by Tenant during such period that Tenant is performing Tenant's Work. however, Tenant shall pay Landlord on account of its for all utilities and other costs incurred in connection with Tenant’s use and occupancy of the Temporary Space, as additional rent(B) Tenant shall have no right to assign, the amount (hereinafter referred to as the "Temporary Space Rent") of $126,817.50 per annum ($10,568.13 per month) payable on the first day of each calendar month during the Temporary Period, which Temporary Space Rent includes $12,567.50 per annum ($1,047.29 per month) on account of electricity furnished to the Temporary Space by Landlord. 40.02 Such occupancy shall be upon all of the terms, covenants and conditions of this Lease except that the provisions of Sections 1.03, 1.04, 1.08, 16.01, 16.02, 16.07 and 1608 and Articles 4, 5, 31 and 39 shall not apply sublease or otherwise transfer its interest with respect to the Temporary Space. 40.03 , (C) Tenant shall accept the Temporary Space in "its existing “as is" ” condition. 40.04 Notwithstanding anything herein , (D) Tenant shall not make any alterations or improvements to the foregoingTemporary Space or any portion thereof, without Landlords prior written approval, which approval may be withheld in Landlord’s sole discretion, (E) the event ▇▇▇▇▇▇ fails to surrender vacant possession terms of the entire Tenant Work Letter shall be inapplicable to the Temporary Space, and (F) Landlord shall have no obligation to provide or pay for improvements of any kind with respect to the Temporary Space. Tenant shall vacate and surrender the Temporary Space to Landlord on or before the Temporary Space Expiration DateDate in as good order and condition as when Tenant took possession, then from reasonable wear and after the Temporary Space Expiration Date, up to and including the date tear excepted. Tenant surrenders vacant possession of the entire Temporary Space to Landlord, the reference in Section 24.02(a) to "fixed rent and additional rent payable by Tenant under this lease" shall be deemed to refer to the Temporary Space Rent solely responsible for all costs incurred in connection with moving in and the provisions of Section 24.02(b) and (c) shall apply with respect thereto with the reference in Section 24.02(b) to "any rent paid by Tenant pursuant to Section 24.02(a) above" being deemed to refer to the Temporary Space Rent. 40.05 Nothing herein shall be deemed an agreement of, or consent by, Landlord to allow Tenant to remain in possession out of the Temporary Space, or any portion thereof, beyond the Temporary Space Expiration Date and if ▇▇▇▇▇▇ does not surrender vacant possession of the entire Temporary Space to Landlord by the Temporary Space Expiration Date, Landlord shall be entitled to exercise all rights available to it at law, in equity and/or under this lease for a holdover by Tenant with respect to the Temporary Space.

Temporary Space. 40.01 During Subject to the period (hereinafter referred to as the "Temporary Period") commencing on the later to occur of (a) January 1, 2000 terms and (b) the date which shall be fifteen (15) days after the date of mutual execution and delivery provisions of this lease and continuing until the date that shall be the earlier to occur of (a) the six (Section 6) month anniversary of the Commencement Date and (b) the date Tenant commences business in the Demised Premises (such date being hereinafter referred to as the "Temporary Space Expiration Date"), Landlord shall make available provide Tenant with the right and license to Tenant use and occupy on a temporary basis certain space in the space set forth on Exhibit C annexed hereto and made a part hereof (hereinafter referred to as the "Temporary Space") which Landlord and Tenant agree shall be deemed to consist of 4,750 Building comprising approximately 17,289 rentable square feet, being all of the leaseable space on the 12th floor of the Building (the “Temporary Space”), subject to all of the terms and provisions of the Lease (including, without limitation, the use, indemnification, waiver, and insurance provisions set forth herein, but excluding any obligation for temporary occupancy by Basic Rent with respect thereto). The term of such license shall commence on February 1, 2012 and shall end on July 31, 2012 (the “Temporary Space Term”). Tenant may only use the Temporary Space in a manner consistent with the terms and provisions of the Lease. During the Temporary Space Term, Tenant shall be required to pay Landlord Tenant’s Proportionate Share as to the Temporary Space (being 3.687%) of Taxes and Operating Expenses (the “Temporary Space Rent”) and shall also be responsible for electricity charges to the Temporary Space. In addition, if Tenant requires any additional services to the Temporary Space (such as additional cleaning or after-hours HVAC service) during such period that Tenant is performing Tenant's Work. the Temporary Space Term, Tenant shall pay Landlord on account of its use of for the Temporary Space, as additional rent, same at the amount (hereinafter referred rates established by Landlord from time to as the "Temporary Space Rent") of $126,817.50 per annum ($10,568.13 per month) payable on the first day of each calendar month during the Temporary Period, which time. The Temporary Space Rent includes $12,567.50 per annum ($1,047.29 per month) on account of electricity furnished to the Temporary Space by Landlord. 40.02 Such occupancy shall be upon all paid at the same time and in the same manner as installments of Basic Rent payable under the terms, covenants and conditions of this Lease except that the provisions of Sections 1.03, 1.04, 1.08, 16.01, 16.02, 16.07 and 1608 and Articles 4, 5, 31 and 39 shall not apply to the Temporary Space. 40.03 Lease. Tenant shall and hereby agrees to accept the Temporary Space in "its “AS IS” condition as is" condition. 40.04 Notwithstanding anything herein existing as of February 1, 2012, without any agreements, representations, understandings, or obligations on the part of Landlord to perform any alterations, repairs (except for Landlord’s general repair obligations to the foregoing, extent expressly set forth in the event ▇▇▇▇▇▇ fails Lease), or improvements therein, or to provide any allowance therefor. Tenant shall vacate and surrender vacant possession of the entire Temporary Space to Landlord on or before the Temporary Space Expiration Date, then from and after expiration of the Temporary Space Expiration Date, up to Term in accordance with the terms and including the date Tenant surrenders vacant possession provisions of the entire Temporary Space Original Lease, including Section 12.2 therein, and Tenant’s failure to Landlord, the reference in Section 24.02(a) to "fixed rent so vacate and additional rent payable by Tenant under this lease" shall be deemed to refer to surrender the Temporary Space Rent and shall be subject to the provisions of Section 24.02(b) 12.1 of the Original Lease. Tenant shall be solely responsible for any and (c) shall apply with respect thereto with the reference in Section 24.02(b) to "any rent paid all moving, cabling, and related costs incurred by Tenant pursuant to Section 24.02(a) above" being deemed to refer to in connection with the Temporary Space Rent. 40.05 Nothing herein shall be deemed an agreement of, or consent by, Landlord to allow Tenant to remain in possession of the Temporary Space, or any portion thereof, beyond and/or Tenant’s move from the Temporary Space Expiration Date to the Premises demised hereunder, and if ▇▇▇▇▇▇ does not surrender vacant possession of the entire Temporary Space to Landlord by the Temporary Space Expiration Date, Landlord shall be entitled to exercise all rights available to it at law, in equity and/or under this lease have no liability or responsibility for a holdover by Tenant with respect to the Temporary Spaceany such costs.

Temporary Space. 40.01 During The Sublessor shall vacate the period second floor (hereinafter referred to as the per Exhibit "Temporary PeriodA") commencing on of the later to occur of (a) January 1, 2000 and (b) the Premises by a date which shall be fifteen is twenty-one (1521) days after following the date of mutual execution and delivery of this lease Sublease (the "Temporary Space Date"). Sublessee shall utilize such Temporary Space for Sublessee's business commencing on the date which is ten (10) days after Sublessee's delivery to Sublessor of written notice of Sublessee's intention to occupy the Temporary Space (provided that, regardless of the date of such notice or whether such notice is delivered, Sublessee shall be obligated to pay rent for the Temporary Space commencing on a date which is no later than the Temporary Space Date) and continuing until the date that shall be the earlier to occur of (a) the six (6) month anniversary of the Commencement Date and (b) the date Tenant Sublease term commences business in the Demised Premises (such date being hereinafter referred to as the "Temporary Space Expiration Date")on December 1, Landlord shall make available to Tenant the space set forth on Exhibit C annexed hereto and made a part hereof (hereinafter referred to as the "Temporary Space") which Landlord and Tenant agree shall be deemed to consist of 4,750 rentable square feet, for temporary occupancy by Tenant during such period that Tenant is performing Tenant's Work1999. Tenant Sublessee shall pay Landlord on account of its to Sublessor $8,000.00 upon the execution hereof as base rent for such use of the Temporary Space for the first one-month period. Thereafter, Sublessee shall pay to Sublessor, in advance, base rent for the use of the Temporary Space at the rate of $8,000 per month (prorated for any partial months) until the Sublease term commences on December 1, 1999. Sublessor shall also pay all parking, utilities and the triple net costs during the three (3) months of the Temporary Space term. If this Sublease is terminated pursuant to the terms of Paragraph 13 hereof, Sublessee shall thereupon vacate the Temporary Space, as additional . Except for the payment of rent, the amount (hereinafter referred to which shall be as the "Temporary Space Rent") set forth above, Sublessee shall comply with all other terms of $126,817.50 per annum ($10,568.13 per month) payable on the first day of each calendar month this Sublease during the Temporary PeriodSpace term including, which Temporary Space Rent includes $12,567.50 per annum ($1,047.29 per month) on account of electricity furnished without limitation, the obligation to maintain insurance, indemnify Sublessor and Master Lessor, and the Temporary Space by Landlord. 40.02 Such occupancy shall be upon all of the terms, covenants and conditions of this Lease except that the provisions of Sections 1.03, 1.04, 1.08, 16.01, 16.02, 16.07 and 1608 and Articles 4, 5, 31 and 39 shall not apply obligation to the Temporary Space. 40.03 Tenant shall accept surrender the Temporary Space in "as is" conditionthe condition required under the Sublease. 40.04 Notwithstanding anything herein to the foregoing, in the event ▇▇▇▇▇▇ fails to surrender vacant possession of the entire Temporary Space to Landlord on or before the Temporary Space Expiration Date, then from and after the Temporary Space Expiration Date, up to and including the date Tenant surrenders vacant possession of the entire Temporary Space to Landlord, the reference in Section 24.02(a) to "fixed rent and additional rent payable by Tenant under this lease" shall be deemed to refer to the Temporary Space Rent and the provisions of Section 24.02(b) and (c) shall apply with respect thereto with the reference in Section 24.02(b) to "any rent paid by Tenant pursuant to Section 24.02(a) above" being deemed to refer to the Temporary Space Rent. 40.05 Nothing herein shall be deemed an agreement of, or consent by, Landlord to allow Tenant to remain in possession of the Temporary Space, or any portion thereof, beyond the Temporary Space Expiration Date and if ▇▇▇▇▇▇ does not surrender vacant possession of the entire Temporary Space to Landlord by the Temporary Space Expiration Date, Landlord shall be entitled to exercise all rights available to it at law, in equity and/or under this lease for a holdover by Tenant with respect to the Temporary Space.