Common use of Terms for Refusal Space Clause in Contracts

Terms for Refusal Space. (1) The term for the subject portion of the Refusal Space shall commence upon the commencement date stated in the Advice and thereupon such Refusal Space shall be considered a part of the Premises, provided that all of the terms stated in the Advice, including the termination date set forth in the Advice (subject to the terms hereof) and any work to be performed by Landlord as expressly indicated in the Advice, if any, shall govern Tenant’s leasing of the subject portion of the Refusal Space and only to the extent that they do not conflict with the Advice, the terms and conditions of the Lease shall apply to such Refusal Space. Tenant shall pay Base Rent and Additional Rent for the subject portion of the Refusal Space in accordance with the terms and conditions of the Advice. The term of the Lease for which any Refusal Space shall be leased shall be as follows: (i) if the remaining balance of the Term for the Premises at the time Tenant will take possession of the Refusal Space shall be less than three (3) years then, the term for the Refusal Space shall be as stated in the Advice; and (ii) if the remaining balance of the Term for the Premises (as the same may have been extended by the exercise in accordance with the terms of the Lease of any Renewal Option) at the time Tenant will take possession of the Refusal Space shall be a period of three (3) years or more, then the term for the Refusal Space shall be co-terminus with the Term for the Premises. Notwithstanding the foregoing, if Tenant shall exercise any Renewal Option after the date Tenant delivers the Notice of Exercise with respect to any Refusal Space, the term for the Refusal Space shall be extended to be co-terminus with the Term for the Premises, as so extended. (2) The subject portion of the Refusal Space (including improvements and personalty, if any) shall be accepted by Tenant in its condition and as-built configuration existing on the earlier of the date Tenant takes possession of the Refusal Space or the date the term for such Refusal Space commences, unless the Advice specifies work to be performed by Landlord in the Refusal Space, in which case Landlord shall perform such work in the Refusal Space. If Landlord is delayed delivering possession of the Refusal Space due to the holdover or unlawful possession of such space by any party, Landlord shall use commercially reasonable efforts to obtain possession of the space, and the commencement of the term for the Refusal Space shall be postponed until the date Landlord delivers possession of the Refusal Space to Tenant free from occupancy by any party.

Terms for Refusal Space. (1) A. Sections 5 and 6 above shall not apply to the Refusal Space unless the term for the Refusal Space is coterminous with the term for the initial Premises hereunder, in which case, notwithstanding any contrary provision of Section 7.1.A above, the Advice shall not be required to include any extension or renewal option. B. The term for the subject portion of the Refusal Space shall commence upon on the commencement date stated in the Advice and thereupon such the Refusal Space shall be considered a part of the Premises, provided that all Premises subject to the provisions of the terms stated in Lease; provided, however, that the Advice, including the termination date set forth in provisions of the Advice (subject to including the terms hereof) and any work to be performed by Landlord as expressly indicated in the Advice, if any, shall govern Tenant’s leasing provision of the subject portion of Advice establishing the expiration date for the Refusal Space and only Space) shall prevail to the extent that they do not conflict with the Advice, the terms and conditions provisions of the Lease shall apply to such Refusal Space. Lease. C. Tenant shall pay Base Rent and Additional Monthly Rent for the subject portion of the Refusal Space in accordance with the terms and conditions provisions of the Advice. The term of the Lease for which any Refusal Space shall be leased shall be as follows: (i) if the remaining balance of the Term for the Premises at the time Tenant will take possession of Base Year with respect to the Refusal Space shall be less than three (3) years then, the term for calendar year in which the Refusal Space shall be as stated in the Advice; and (ii) if the remaining balance of the Term for the Premises (as the same may have been extended by the exercise is scheduled to commence in accordance with the terms of the Lease of any Renewal Option) at the time Tenant will take possession of the Refusal Space shall be a period of three (3) years or more, then the term for the Refusal Space shall be co-terminus with the Term for the Premises. Notwithstanding the foregoing, if Tenant shall exercise any Renewal Option after the date Tenant delivers the Notice of Exercise with respect to any Refusal Space, the term for the Refusal Space shall be extended to be co-terminus with the Term for the Premises, as so extendedAdvice. D. Except as may be otherwise provided in the Advice, (2i) The subject portion of the Refusal Space (including improvements and personalty, if any) shall be accepted by Tenant in its configuration and condition and as-built configuration existing on the earlier of the date Tenant takes possession of the Refusal Space or the commencement date the term for such Refusal Space commences, unless the Advice specifies work to be performed by Landlord in the Refusal Space, in which case Landlord shall perform such work in the Refusal Space. If ; and (ii) if Landlord is delayed in delivering possession of the Refusal Space due to the by any holdover or unlawful possession of such space the Refusal Space by any party, Landlord shall use commercially reasonable efforts to obtain possession of the spaceRefusal Space and any obligation of Landlord to tender possession of, permit entry to, or perform alterations to the Refusal Space shall be deferred until after Landlord has obtained possession of the Refusal Space (plus any tenant improvement period that may be included in the Advice). E. If Landlord sends the Advice on or prior to the first anniversary of the date of full execution and delivery of this Lease, then notwithstanding anything in this Section 7 to the contrary, the Advice shall provide (with any concessions being in lieu of and not in addition to concessions that Landlord was prepared to offer the prospect): (i) the commencement of date for the Refusal Space shall be the Refusal Space Commencement Date (as defined below) and the term for the Refusal Space shall be postponed until coterminous with the date Landlord delivers possession initial Term for the original Premises hereunder; (ii) the amount of Base Rent payable for the Refusal Space to Tenant free from occupancy by any party.shall be the same, on a per-rentable-square-foot basis, as the Base Rent that is then

Terms for Refusal Space. a. If the commencement date proposed by Landlord for the Refusal Space is scheduled to occur on or before the one-year anniversary of the Expansion Commencement Date, then the Advice Landlord delivers to Tenant shall reflect that Landlord is prepared to Lease the Refusal Space to Tenant on a co-terminus basis with the remainder of the Premises (1) The i.e., to expire on the Extended Termination Date). However, if the commencement date proposed by Landlord for the Refusal Space is scheduled to occur after the one-year anniversary of the Expansion Commencement Date, then the term for the subject portion Refusal Space shall expire on the date contemplated for the third-party Acceptable Offer, as described in the Advice. In either event, Tenant’s lease of the Refusal Space shall shall, if exercised, commence upon the commencement date stated in the Advice and thereupon such Refusal Space shall be considered a part of the Premises, provided that all of the terms stated in the Advice, including the termination date set forth in the Advice (subject to the terms hereof) and any work to be performed by Landlord as expressly indicated in the Advice, if any, shall govern Tenant’s 's leasing of the subject portion of the Refusal Space and only to the extent that they do not conflict with the Advice, the terms and conditions of the Lease shall apply to such the Refusal Space. Tenant shall pay Base Rent and Additional Rent for the subject portion of the Refusal Space in accordance with the terms and conditions of the Advice. The term of the Lease for which any Refusal Space shall be leased shall be as follows: (i) if the remaining balance of the Term for the Premises at the time Tenant will take possession of the Refusal Space shall be less than three (3) years then, the term for the Refusal Space shall be as stated in the Advice; and (ii) if the remaining balance of the Term for the Premises (as the same may have been extended by the exercise in accordance with the terms of the Lease of any Renewal Option) at the time Tenant will take possession of the Refusal Space shall be a period of three (3) years or more, then the term for the Refusal Space shall be co-terminus with the Term for the Premises. Notwithstanding the foregoing, if Tenant shall exercise any Renewal Option after the date Tenant delivers the Notice of Exercise with respect to any Refusal Space, the term for the Refusal Space shall be extended to be co-terminus with the Term for the Premises, as so extended. (2) b. The subject portion of the Refusal Space (including improvements and personalty, if any) shall be accepted by Tenant in its the condition described in the Acceptable Offer and as-built configuration existing on the earlier of the date Tenant takes possession of the Refusal Space or the date the term for such Refusal Space commences, unless the Advice Acceptable Offer specifies work to be performed by Landlord in the Refusal Space, in which case Landlord shall perform such work in the Refusal Space. If Landlord is delayed delivering possession of the Refusal Space due to the holdover or unlawful possession of such space by any party, Landlord shall use commercially reasonable efforts to obtain possession of the space, and the commencement of the term for the Refusal Space shall be postponed until the date Landlord delivers possession of the Refusal Space to Tenant free from occupancy by any party, provided that Tenant reserves the right to terminate and rescind its Notice of Exercise if Landlord is unable to deliver possession of the Refusal Space within one hundred and twenty (120) days after the scheduled delivery date. 9.03.

Terms for Refusal Space. (1) 33.2.1 The term Term for the subject portion of the Refusal Space shall commence upon the commencement date stated in the Advice ROFR Advice, and thereupon such Refusal Space shall be considered a part of the Premises, provided that all of the terms stated in the ROFR Advice, including the termination date set forth in the Advice (subject to the terms hereof) and any work to be performed by Landlord as expressly indicated in the ROFR Advice, if any, shall govern Tenant’s leasing of the subject portion of the Refusal Space and only to the extent that they do not conflict with the ROFR Advice, the terms and conditions of the this Lease shall apply to such the Refusal Space. Tenant shall pay Base Rent and Additional Escalation Rent for the subject portion of the Refusal Space in accordance with the terms and conditions of the ROFR Advice. The term of Notwithstanding anything elsewhere in this Article 33 to the Lease for which contrary, any Refusal Space shall be leased shall be as follows: (i) if the remaining balance of the Term for the Premises at the time Tenant will take possession leasing of the Refusal Space shall be less than three (3) years then, under this Article 33 will not include terms or provisions of the term for ROFR Advice that are specific to the Refusal Space shall be as stated parties involved in the transaction giving rise to the ROFR Advice, such as payment of commissions to the brokers involved in that transaction; options or rights to expand, contract, renew, extend or shorten the term; security deposit; and (ii) if any rights that are personal to the remaining balance of third party making the Term for the Premises (as the same may have been extended by the exercise in accordance with the terms of the Lease of any Renewal Option) at the time Tenant will take possession of the Refusal Space shall be a period of three (3) years or more, then the term for the Refusal Space shall be co-terminus with the Term for the Premises. Notwithstanding the foregoing, if Tenant shall exercise any Renewal Option after the date Tenant delivers the Notice of Exercise with respect to any Refusal Space, the term for the Refusal Space shall be extended to be co-terminus with the Term for the Premises, as so extendedROFR Advice. (2) 33.2.2 The subject portion of the Refusal Space (including improvements and personalty, if any) shall be accepted by Tenant in its condition and as-built configuration existing on the earlier of the date Tenant takes possession of the Refusal Space or the date the term for such Refusal Space commences, unless the ROFR Advice specifies work to be performed by Landlord in the Refusal Space, in which case Landlord shall perform such work in the Refusal Space. If Landlord is delayed delivering possession of the Refusal Space due to the holdover or unlawful possession of such space by any party, Landlord shall use commercially reasonable efforts to obtain possession of the space, and the commencement of the term for the Refusal Space shall be postponed until the date Landlord delivers possession of the Refusal Space to Tenant free from occupancy by any party. 33.2.3 In the event that, pursuant to Tenant’s Right of First Refusal set forth in this Section 33, and so long as the Premises continues to include the entire 11th floor of the Building, Tenant expands the Premises to include all of the rentable area located on the 10th floor of the Building, at Tenant’s request and as part of the preparation, negotiation, and execution of the Refusal Space Amendment making the entire rentable area on 10th floor of the Building part of the Premises, Landlord shall, at its sole cost and expense, re-open the enclosed internal stairwell connecting the 10th and 11th floors of the Building.

Terms for Refusal Space. (1) The Except as provided below, the term for the subject portion of the Refusal Space shall commence upon the commencement date stated in the Advice Refusal Notice and thereupon such Refusal Space shall be considered a part of the Premises, provided that all of the business terms stated in the Advice, including Refusal Notice (except for the termination date set forth in the Advice (subject to the terms hereofas described below) and any work to be performed by Landlord as expressly indicated in the Advice, if any, shall govern Tenant’s 's leasing of the subject portion of the Refusal Space and only to the extent that they do not conflict with the AdviceRefusal Notice, the terms and conditions of the this Lease shall apply to such the Refusal Space. Tenant shall pay Base Rent and Additional Rent for the subject portion of the Refusal Space in accordance with the terms and conditions of the Advice. The term of the Lease for which any Refusal Space shall be leased shall be as follows: (i) if the remaining balance of the Term for the Premises at the time Tenant will take possession of the Refusal Space shall be less than three the greater of (3A) years then, the term set forth in the Refusal Notice or (B) the term of this Lease (as extended by the exercise of any or all of the Extension Options by Tenant) unless earlier terminated pursuant to the provisions of this Lease. The tenant finish allowance, if any, and all other concessions set forth in the Refusal Notice, if any, shall not be prorated if the term of the Refused Notice is different than the Term of this Lease. If the remaining term of this Lease is greater than the term set forth in the Refusal Notice, Landlord shall include in the Refusal Notice Landlord's designation of the market rent for the Refusal Space during the period between the expiration date of the proposed lease and the expiration date of this Lease (and such rate shall be as stated appropriately adjusted to reflect that no allowances are provided for any term in excess of the term in the Advice; and (ii) if the remaining balance of the Term for the Premises (as the same may have been extended by the exercise in accordance with the terms of the Lease of any Renewal Option) at the time Tenant will take possession of the Refusal Notice). The Refusal Space shall be a period of three (3) years or more, then the term for the Refusal Space shall be co-terminus with the Term for the Premises. Notwithstanding the foregoing, if Tenant shall exercise any Renewal Option after the date Tenant delivers the Notice of Exercise with respect to any Refusal Space, the term for the Refusal Space shall be extended to be co-terminus with the Term for the Premises, as so extended. (2) The subject portion of the Refusal Space (including improvements and personalty, if any) shall be accepted by Tenant in its condition and as-built configuration existing on the earlier of the date Tenant takes possession of the Refusal Space or the date the term for such Refusal Space commences, unless the Advice specifies parties determine that work to will be performed by Landlord in the Refusal Space, in which case Landlord shall perform such work in the Refusal Space. If Landlord is delayed delivering possession of the Refusal Space due to the holdover or unlawful possession of such space by any party, Landlord shall use commercially reasonable efforts to obtain possession of the space, and the commencement of the term for the The Refusal Space shall have a configuration reasonably acceptable to Landlord and Tenant and shall be postponed until contiguous to the date Landlord delivers possession of the Refusal Space to Tenant free from occupancy by any partyPremises.

Terms for Refusal Space. (1) . The term for the subject portion of the Refusal Space shall be not less than five (5) years and shall commence upon the commencement date stated in the Advice and thereupon such Refusal Space shall be considered a part of the Premises, provided that all the term of the terms stated in Refusal Space expire on the Advice, including later of (a) the termination fifth (5th) anniversary of the commencement date set forth in the Advice (subject to or the expiration of the Term of this Lease, as the same may be extended. Notwithstanding the terms hereof) and any work to be performed by Landlord as expressly indicated in of the Advice, if anyTenant timely and properly exercises its Right of First Refusal, then the rent commencement date applicable to such Refusal Space (including Tenant’s obligation to pay Additional Rent applicable to the Refusal Space) shall be not less than one hundred twenty (120) days after Landlord delivers possession of the Refusal Space to Tenant in accordance with the terms of the Refusal Space Amendment (as defined below). Except as expressly provided herein, all other terms stated in the Advice shall govern Tenant’s leasing of the subject portion of the Refusal Space and and, only to the extent that they do not conflict with the Advice, the terms and conditions of the Lease shall apply to such the Refusal Space. , except Tenant shall pay (i) Base Rent and Additional Rent for the subject portion of the Refusal Space in accordance with the terms and conditions of the Advice. The term of the Lease for which any Refusal Space shall be leased shall be as follows: (i) if the remaining balance of the Term for the Premises at the time Tenant will take possession of the Refusal Space shall be less than three (3) years then, the term for the Refusal Space shall be as stated in the Advice; and (ii) if the remaining balance of the Term for the Premises (as the same may have been extended by the exercise Additional Rent in accordance with the terms of the Lease of any Renewal Option) this Lease. In addition, at the time Tenant exercises its Refusal Right, if required by Landlord, Tenant will take possession post an additional letter of the Refusal Space credit or other security reasonably acceptable to Landlord. Tenant shall be a period of three (3) years or more, then the term pay Base Rent and Additional Rent for the Refusal Space shall be co-terminus in accordance with the Term for terms and conditions of the Premises. Notwithstanding the foregoing, if Tenant shall exercise any Renewal Option after the date Tenant delivers the Notice of Exercise with respect to any Refusal Space, the term for the Refusal Space shall be extended to be co-terminus with the Term for the Premises, as so extendedAdvice. (2) . The subject portion of the Refusal Space (including improvements and personalty, if any) shall be accepted by Tenant in its “as is” condition and as-built configuration existing on the earlier of the date Tenant takes possession of the Refusal Space or the date the term for such Refusal Space commences, unless the Advice specifies work to be performed by Landlord in the Refusal Space, in which case Landlord shall perform such work in prior to delivering the Refusal SpaceSpace to Tenant. If Landlord is delayed delivering possession of the Refusal Space due to the holdover or unlawful possession of such space by any party, Landlord shall use commercially reasonable efforts to obtain possession of the space, and the commencement of the term for the Refusal Space shall be postponed until the date Landlord delivers possession of the Refusal Space to Tenant free from occupancy by any party.