Common use of Building Name Clause in Contracts

Building Name. Landlord has the right at any time to change the name, number or designation by which the Building is commonly known. Notwithstanding the foregoing, so long as (i) the Original Tenant or any Related Entities are occupying at least the equivalent of two (2) full floors comprising the Premises (excluding periods during which Tenant cannot occupy the Premises due to repairs or damage to the Premises), and (ii) Tenant is not in default under this Lease (beyond any applicable notice and cure period), Landlord agrees that, subject to the terms of this Section 14.2, it will not name the Building after any Direct Competitor (defined below) of Tenant or grant any signage rights in the lobby of the Building to any Direct Competitor. For purposes hereof, the term “Direct Competitor” shall mean any entity which is known to the general public primarily as the issuer, licensor or operator of payment services, which entity may be involved in the electronic commerce industries, provided that such term shall not include an entity that offers such services merely as an incident to its primary business. Tenant’s current Direct Competitors are set forth on the list attached hereto as Exhibit G, Tenant shall have the right to update Exhibit G by January 31st of each calendar year based on the same criteria used by Tenant in preparing the initial Exhibit G; provided, however, in no event shall such update (a) preclude Landlord from entering into a lease with a third party whose name was not on Exhibit G prior to Landlord’s initiation of “serious” negotiations with such third party (for the purposes of this Section 14.2, “serious” negotiations shall be deemed to mean Landlord’s delivery of a draft of a letter of intent with a prospective tenant), or (b) affect Landlord’s ability to maintain and/or renew a lease with an existing tenant whose name was not Exhibit G prior to any such update. Notwithstanding any provision to the contrary set forth in this Section 14.2, (i) Landlord shall have the right to grant signage rights in the lobby of the Building to any tenant leasing space in the retail portion of the ground floor of the Building or on the second (2nd) floor of the Building and (ii) nothing in this Section 14.2 shall restrict the right of Landlord to maintain any existing signage at the project for any existing tenant of the Building or their successors and/or assigns, provided that any such successor and/or assign has the right to any such existing signage pursuant to the terms of the existing tenant’s lease. The rights set forth in this Section 14.2 shall be personal to the Original Tenant and a Related Assignee.

Building Name. Paragraph (c) (continued) of Article Fourth of the ------------- Lease is hereby amended to read in full as follows: "The Landlord has the right at any time to shall not change the name, street number or designation by which the Building building is commonly known. Notwithstanding Provided that the foregoing, so long as (i) the Original Tenant or any Related Entities are occupying EURO RSCG SA occupies at least 60,000 square feet of space in the equivalent of two (2) full floors comprising the Premises building (excluding periods during which Tenant cannot occupy from any such calculation any space occupied by the Premises due to repairs Tenant's subleases and assignees but including space occupied by the Tenant's or damage to the PremisesEURO RSCG SA's Affiliates (as hereinafter defined)), and EURO RSCG SA (iibut not its successor by assignment) Tenant is not in default under this Lease (beyond any applicable notice and cure period), Landlord agrees that, subject to the terms of this Section 14.2, it will not name the Building after any Direct Competitor (defined below) of Tenant or grant any signage rights in the lobby of the Building to any Direct Competitor. For purposes hereof, the term “Direct Competitor” shall mean any entity which is known to the general public primarily as the issuer, licensor or operator of payment services, which entity may be involved in the electronic commerce industries, provided that such term shall not include an entity that offers such services merely as an incident to its primary business. Tenant’s current Direct Competitors are set forth on the list attached hereto as Exhibit G, Tenant shall have the right to update Exhibit G require the Landlord to affix a sign bearing its name or the name of one of its Affiliates to the building and the Landlord shall thereafter promptly affix such a sign to the building at the Tenant's expense. In the event that the square footage occupied by January 31st of each calendar year based on the same criteria used by Tenant in preparing the initial Exhibit G; provided, however, in no event shall such update (a) preclude Landlord from entering into a lease with a third party whose name was not on Exhibit G prior to Landlord’s initiation of “serious” negotiations with such third party (for the purposes of this Section 14.2, “serious” negotiations or EURO RSCG SA and their Affiliates shall be deemed reduced below 60,000 square feet, but subsequently shall once again increase to mean Landlord’s delivery at least 60,000 square feet, EURO RSCG SA shall once again have the right to require Landlord to affix a sign bearing its name or the name of a draft one of a letter its Affiliates. The design, style and proposed location of intent with a prospective tenant), or (b) affect Landlord’s ability to maintain and/or renew a lease with an existing tenant whose name was not Exhibit G prior to any such update. Notwithstanding any provision sign are to the contrary be substantially as set forth in this Section 14.2Exhibit C hereto. In case the Landlord shall deem it necessary to remove any such sign in order to paint or to make any other repairs, (i) Landlord alterations, or improvements in or upon the building, or any part thereof, it shall have the right to grant signage rights do so, providing it causes the same to be removed and promptly replaced at its expense. In the event that EURO RSCG SA or its Affiliate then designated by such sign changes its name from time to time, EURO RSCG SA may request that the Landlord change the sign to reflect its or its Affiliate's then current name, and the Landlord shall thereafter promptly change the sign at the Tenant's expense. As long as a sign with the name of EURO RSCG or its Affiliate is affixed to the building in accordance with this paragraph, the Landlord will not install, and will not permit any other tenant in the lobby building to install (i) any other sign on the building of comparable size and prominence, provided that the Building to foregoing shall not limit the sign directly above any tenant leasing space in the retail portion of store or restaurant located on the ground floor of the Building or on the second (2nd) floor of the Building and floor; (ii) nothing in this Section 14.2 shall restrict a sign for a retail tenant on the right of Landlord to maintain any existing signage at the project for any existing tenant exterior walls of the Building or their successors and/or assigns, provided that any such successor and/or assign has building which are angled away from the right to any such existing signage pursuant main entrance to the terms building greater than fifty percent of the existing tenant’s lease. The rights set forth in this Section 14.2 shall be personal to size of EURO RSCG SA's sign; or (iii) a sign bearing the Original Tenant and a Related Assigneename of any office or loft tenant which exceeds fifty percent of the size of EURO RSCG SA's sign."

Building Name. Landlord has the right at any time to change the name, number or designation by which the Building is commonly known. Notwithstanding the foregoing, so So long as Tenant and its Affiliates lease (i) the Original Tenant or including pursuant to any Related Entities are occupying at least the equivalent sublease of two (2) full floors comprising the Premises (excluding periods during which Tenant cannot occupy the Premises due to repairs or damage to the Premises), and (ii) Tenant is not in default under this Lease (beyond any applicable notice and cure period), Landlord agrees that, subject to the terms of this Section 14.2, it will not name the Building after any Direct Competitor (defined below) Affiliates of Tenant or grant any signage rights in the lobby which qualify as an Affiliated Transfer) not less than three hundred twenty-five thousand (325,000) square feet of Rentable Area of the Building to any Direct Competitor. For purposes hereof, the term “Direct Competitor” shall mean any entity which is known to the general public primarily as the issuer, licensor or operator of payment services, which entity may be involved in the electronic commerce industries, provided that such term shall not include an entity that offers such services merely as an incident to its primary business. Tenant’s current Direct Competitors are set forth on the list attached hereto as Exhibit GBuilding, Tenant shall have the right to update Exhibit G select and from time to time change the name of the Building, provided that if Tenant changes the name of the Building after October 1, 1999, Tenant shall pay all reasonable costs incurred by January 31st Landlord in the removal and replacement of each calendar year based on all common area signs containing the same criteria used by name of the Building. At such time as Tenant in preparing the initial Exhibit G; providedno longer leases such minimum amount of space, however, in no event shall such update (a) preclude Landlord from entering into a lease with a third party whose name was not on Exhibit G prior to Landlord’s initiation of “serious” negotiations with such third party (for the purposes of this Section 14.2, “serious” negotiations shall be deemed to mean Landlord’s delivery of a draft of a letter of intent with a prospective tenant), or (b) affect Landlord’s ability to maintain and/or renew a lease with an existing tenant whose name was not Exhibit G prior to any such update. Notwithstanding any provision to the contrary set forth in this Section 14.2, (i) Landlord shall have the right to grant signage rights designate the name of the Building, provided that in no event shall the lobby name of the Building to be in any tenant leasing space in the retail manner associated with any Financial Services Business other than Tenant or any of its Affiliates so long as Tenant (or its Affiliates) lease and occupy all or any portion of the ground floor then existing Premises. Landlord shall have the right to approve any name selected by Tenant, but such approval shall be deemed given if not denied in notice to Tenant given within fifteen (15) days after Tenant's request for approval, provided that no approval is required if the name selected by Tenant is associated with the Tenant's name, the name of any Affiliate of Tenant, or marketing strategy of Tenant or any of its Affiliates as determined by Tenant in its sole discretion. Any disapproval by Landlord must be based solely upon the fact that such name is inappropriate for use in connection with a first class office building in Minneapolis, Minnesota. The initial name of the Building or on shall be "U.S. Bancorp Center". Any change in the second (2nd) floor name of the Building by Tenant shall be made (a) at any time prior to October 1, 1999, upon not less than five (5) days' prior written notice to Landlord, and (iib) nothing in thereafter upon not less than ninety (90) days' notice to Landlord. At any time prior to or during the Term or after the expiration or termination of this Section 14.2 Lease, Tenant shall restrict have the right of in its sole discretion to require Landlord to maintain immediately cease use of any existing signage at name associated with Tenant, any of its Affiliates or any marketing strategy of Tenant or its Affiliates in connection with the project for any existing tenant Building. The provisions of the Building immediately preceding sentence shall survive such expiration or their successors and/or assigns, provided that any such successor and/or assign has the right to any such existing signage pursuant to the terms of the existing tenant’s lease. The rights set forth in this Section 14.2 shall be personal to the Original Tenant and a Related Assigneetermination."

Building Name. Landlord has the right at any time to change the name, number or designation by which the Building is commonly known. Notwithstanding the foregoing, so So long as Tenant and its Affiliates lease (i) including pursuant to any sublease of the Original Premises to Affiliates of Tenant or any Related Entities are occupying at least the equivalent other sublease) not less than two hundred thousand (200,000) square feet of two (2) full floors comprising the Premises (excluding periods during which Tenant cannot occupy the Premises due to repairs or damage to the Premises), and (ii) Tenant is not in default under this Lease (beyond any applicable notice and cure period), Landlord agrees that, subject to the terms of this Section 14.2, it will not name the Building after any Direct Competitor (defined below) of Tenant or grant any signage rights in the lobby Rentable Area of the Building to any Direct Competitor. For purposes hereof, the term “Direct Competitor” shall mean any entity which is known to the general public primarily as the issuer, licensor or operator of payment services, which entity may be involved in the electronic commerce industries, provided that such term shall not include an entity that offers such services merely as an incident to its primary business. Tenant’s current Direct Competitors are set forth on the list attached hereto as Exhibit GBuilding, Tenant shall have the right to update Exhibit G select and from time to time change the name of the Building, provided that if Tenant changes the name of the Building after December 1, 1999, Tenant shall pay all reasonable costs incurred by January 31st Landlord in the removal and replacement of each calendar year based on Common Area signs containing the same criteria used by name of the Building. At such time as Tenant in preparing the initial Exhibit G; providedno longer leases such minimum amount of space, however, in no event shall such update (a) preclude Landlord from entering into a lease with a third party whose name was not on Exhibit G prior to Landlord’s initiation of “serious” negotiations with such third party (for the purposes of this Section 14.2, “serious” negotiations shall be deemed to mean Landlord’s delivery of a draft of a letter of intent with a prospective tenant), or (b) affect Landlord’s ability to maintain and/or renew a lease with an existing tenant whose name was not Exhibit G prior to any such update. Notwithstanding any provision to the contrary set forth in this Section 14.2, (i) Landlord shall have the right to grant signage rights designate the name of the Building, provided that in no event shall the lobby name of the Building be in any manner associated with any Financial Services Business other than Tenant or any of its Affiliates. Landlord shall have the right to approve any tenant leasing space name selected by Tenant, but such approval shall be deemed given if not denied in notice to Tenant given within fifteen (15) days after Tenant’s request for approval, provided that no approval is required if the retail portion name selected by Tenant is associated with the Tenant’s name, the name of any Affiliate of Tenant, or marketing strategy of Tenant or any of its Affiliates as determined by Tenant in its sole discretion. Any disapproval by Landlord must be based solely upon the ground floor fact that such name is inappropriate for use in connection with a first class office building in Minneapolis, Minnesota. The initial name of the Building or on shall be “Xxxxx Xxxxxxx Center”. Any change in the second (2nd) floor name of the Building by Tenant shall be made (a) at any time prior to December 1, 1999, upon not less than five (5) days’ prior written notice to Landlord, and (iib) nothing thereafter upon not less than ninety (90) days’ notice to Landlord. At any time prior to or during the Term or after the expiration or termination of this Lease, Tenant shall have the right in its sole discretion to require Landlord to immediately cease use of any name associated with Tenant, any of its Affiliates or any marketing strategy of Tenant or its Affiliates in connection with the Building. The provisions of this Section 14.2 35.1 shall restrict the right of Landlord to maintain any existing signage at the project for any existing tenant of the Building survive such expiration or their successors and/or assigns, provided that any such successor and/or assign has the right to any such existing signage pursuant to the terms of the existing tenant’s lease. The rights set forth in this Section 14.2 shall be personal to the Original Tenant and a Related Assigneetermination.

Building Name. Paragraph (c) (continued) of Article Fourth of the ------------- Lease is hereby amended to read in full as follows: "The Landlord has the right at any time to shall not change the namehome, street number or designation by which the Building is commonly known. Notwithstanding Provided that the foregoing, so long as (i) the Original Tenant named in this Fourth Amendment or any Related Entities are occupying an Affiliate occupies at least 60,000 rentable square feet of space in the equivalent of two (2) full floors comprising the Premises Building (excluding periods during from any such calculation any space occupied by Tenant's sublessees and assignees which Tenant canare not occupy the Premises due to repairs or damage to the PremisesAffiliates), and (ii) Tenant is not named in default under this Lease (beyond any applicable notice and cure period), Landlord agrees that, subject to but not the terms of this Section 14.2, it will not name the Building after any Direct Competitor (defined belowTenant's successor by assignment other than an Affiliate) of Tenant or grant any signage rights in the lobby of the Building to any Direct Competitor. For purposes hereof, the term “Direct Competitor” shall mean any entity which is known to the general public primarily as the issuer, licensor or operator of payment services, which entity may be involved in the electronic commerce industries, provided that such term shall not include an entity that offers such services merely as an incident to its primary business. Tenant’s current Direct Competitors are set forth on the list attached hereto as Exhibit G, Tenant shall have the right to update Exhibit G by January 31st require the Landlord to affix to the Building a sign bearing its name or the name of each calendar year based on an Affiliate then occupying space in the same criteria used Building (the "Approved Names") and the Landlord shall thereafter promptly affix such sign to the Building at Tenant's expense. In the event that the rentable square footage occupied by Tenant in preparing the initial Exhibit G; provided, however, in no event shall such update (a) preclude Landlord from entering into a lease with a third party whose name was not on Exhibit G prior to Landlord’s initiation of “serious” negotiations with such third party (for the purposes of this Section 14.2, “serious” negotiations and its Affiliates shall be deemed reduced below 60,000 rentable square feet, but subsequently shall once again increase to mean at least 60,000 rentable square feet, Tenant shall once again have the right to require Landlord to affix a sign bearing an Approved Name. The design, style and proposed location of any such sign shall be subject to the Landlord’s delivery of a draft of a letter of intent with a prospective tenant)'s prior written approval, which shall not be unreasonably withheld, delayed or conditioned. In case the Landlord shall deem it necessary to remove any such sign in order to paint or to make any other repairs, alterations or improvements in or upon the Building, or (b) affect Landlord’s ability to maintain and/or renew a lease with an existing tenant whose name was not Exhibit G prior to any such update. Notwithstanding any provision to the contrary set forth in this Section 14.2part thereof, (i) Landlord it shall have the right to grant signage rights do so, provided it causes the same to be removed and promptly replaced at its expense. In the event the Tenant changes the name it desires to have on the sign, Tenant may request Landlord to reflect the desired name and, provided the desired name is an Approved Name, Landlord shall thereafter change the sign at Tenant's expense. As long as a sign with an Approved Name is affixed to the Building in accordance with this paragraph, the Landlord will not install, and will not permit any other tenant in the lobby Building to install (i) any other sign on the Building of comparable size and prominence, provided that the foregoing shall not limit the sign directly above any retail store or restaurant located On the ground floor; (ii) a sign for a retail tenant on the exterior walls of the Building to any tenant leasing space in which is angled away form the retail portion of the ground floor of the Building or on the second (2nd) floor main entrance of the Building and (ii) nothing in this Section 14.2 shall restrict the right of Landlord to maintain any existing signage at the project for any existing tenant greater than fifty percent of the Building size of Tenant's sign; or their successors and/or assigns, provided that (iii) a sign bearing the name of any such successor and/or assign has the right to any such existing signage pursuant to the terms office or loft tenant which exceeds fifty percent of the existing tenant’s lease. The rights set forth in this Section 14.2 shall be personal to the Original Tenant and a Related Assigneesize of Tenant's sign."

Building Name. Landlord has the right at any time to change the name, number or designation by which the Building is commonly known. Notwithstanding the foregoing, so So long as Tenant and its Affiliates lease (i) the Original Tenant or including pursuant to any Related Entities are occupying at least the equivalent sublease of two (2) full floors comprising the Premises (excluding periods during which Tenant cannot occupy the Premises due to repairs or damage to the Premises), and (ii) Tenant is not in default under this Lease (beyond any applicable notice and cure period), Landlord agrees that, subject to the terms of this Section 14.2, it will not name the Building after any Direct Competitor (defined below) Affiliates of Tenant or grant any signage rights in the lobby which qualify as an Affiliated Transfer) not less than three hundred twenty-five thousand (325,000) square feet of Rentable Area of the Building to any Direct Competitor. For purposes hereof, the term “Direct Competitor” shall mean any entity which is known to the general public primarily as the issuer, licensor or operator of payment services, which entity may be involved in the electronic commerce industries, provided that such term shall not include an entity that offers such services merely as an incident to its primary business. Tenant’s current Direct Competitors are set forth on the list attached hereto as Exhibit GBuilding, Tenant shall have the right to update Exhibit G select and from time to time change the name of the Building, provided that if Tenant changes the name of the Building after October 1, 1999, Tenant shall pay all reasonable costs incurred by January 31st Landlord in the removal and replacement of each calendar year based on all common area signs containing the same criteria used by name of the Building. At such time as Tenant in preparing the initial Exhibit G; providedno longer leases such minimum amount of space, however, in no event shall such update (a) preclude Landlord from entering into a lease with a third party whose name was not on Exhibit G prior to Landlord’s initiation of “serious” negotiations with such third party (for the purposes of this Section 14.2, “serious” negotiations shall be deemed to mean Landlord’s delivery of a draft of a letter of intent with a prospective tenant), or (b) affect Landlord’s ability to maintain and/or renew a lease with an existing tenant whose name was not Exhibit G prior to any such update. Notwithstanding any provision to the contrary set forth in this Section 14.2, (i) Landlord shall have the right to grant signage rights designate the name of the Building, provided that in no event shall the lobby name of the Building to be in any tenant leasing space in the retail manner associated with any Financial Services Business other than Tenant or any of its Affiliates so long as Tenant (or its Affiliates) lease and occupy all or any portion of the ground floor then existing Premises. Landlord shall have the right to approve any name selected by Tenant, but such approval shall be deemed given if not denied in notice to Tenant given within fifteen (15) days after Tenant’s request for approval, provided that no approval is required if the name selected by Tenant is associated with the Tenant’s name, the name of any Affiliate of Tenant, or marketing strategy of Tenant or any of its Affiliates as determined by Tenant in its sole discretion. Any disapproval by Landlord must be based solely upon the fact that such name is inappropriate for use in connection with a first class office building in Minneapolis, Minnesota. The initial name of the Building or on shall be “U.S. Bancorp Center”. Any change in the second (2nd) floor name of the Building by Tenant shall be made (a) at any time prior to October 1, 1999, upon not less than five (5) days’ prior written notice to Landlord, and (iib) nothing in thereafter upon not less than ninety (90) days’ notice to Landlord. At any time prior to or during the Term or after the expiration or termination of this Section 14.2 Lease, Tenant shall restrict have the right of in its sole discretion to require Landlord to maintain immediately cease use of any existing signage at name associated with Tenant, any of its Affiliates or any marketing strategy of Tenant or its Affiliates in connection with the project for any existing tenant Building. The provisions of the Building immediately preceding sentence shall survive such expiration or their successors and/or assigns, provided that any such successor and/or assign has the right to any such existing signage pursuant to the terms of the existing tenant’s lease. The rights set forth in this Section 14.2 shall be personal to the Original Tenant and a Related Assigneetermination.”