Common use of Expansion of Premises Clause in Contracts

Expansion of Premises. 43.01 Tenant is hereby granted the option (the "Expansion Option") to cause Landlord to construct or cause to be constructed an expansion of the building in which the Premises are located which expansion shall include approximately one hundred forty-five thousand (145,000) square feet of warehouse space located on the South portion of the real property included in the Project as shown on Exhibit A- 2 attached hereto as "Future Expansion" (the "Expansion Premises"). The Expansion Option may be exercised by Tenant only by delivery of written notice to Landlord or Tenant's exercise of its rights under this Article 43. (the "Expansion Notice"), which must be received by Landlord not later than the third (3rd) anniversary of the Lease Commencement Date. If Tenant fails to timely deliver such Expansion Notice or if the Lease is terminated pursuant to any of its other terms or provisions prior to the third (3rd) anniversary of the Lease Commencement Date, Tenant's rights to exercise the Expansion Option shall lapse and Landlord shall be free to develop, hold, or sell the portion of the Project on which the Expansion Premises are to be located as Landlord chooses, in Landlord's sole and absolute discretion. The Expansion Option shall be exercisable by Tenant on the express conditions that (i) at the time of delivery of the Expansion Notice, Tenant shall not be in default under this Lease after expiration of the applicable cure period, (ii) Tenant has not previously been in default after expiration of the applicable cure period under this Lease on more than three (3) separate occasions during the Lease Term, and (iii) Tenant has not assigned this Lease or sublet all or any part of the Premises, it being understood that the Expansion Option is personal to the original named Tenant under this Lease. In the event of any such assignment or sublease, the Expansion Option shall lapse and be null and void and of no further force and effect.

Expansion of Premises. 43.01 Tenant is hereby granted Effective upon the option earliest to occur of: (i) the date that the Expansion Improvements (as defined in Section 6 below) are substantially completed, or (ii) the date that the Expansion Improvements would have been substantially completed except for Tenant-caused delays, or (iii) the date that Tenant, or any person occupying any of the Expansion Premises with Tenant’s permission, commences business operations from the Expansion Premises (such earliest date being the “Expansion Date” and estimated to be August 1, 2018), the Premises shall be expanded to include that certain Suite 1500, which contains approximately 2,616 rentable square feet on the Fifteenth Floor of the Building, as further depicted on Exhibit A attached hereto (the "“Expansion Option"Premises”), for a Term that is coterminous with the Lease Term (which is currently scheduled to expire on November 30, 2022) and which Expansion Premises shall be leased by Tenant upon and subject to cause all of the existing terms and provisions of the Lease, except as otherwise amended herein. As of the Expansion Date, all references in the Lease to the “Premises” shall refer to both the Existing Premises and the Expansion Premises and shall be stipulated to contain a total of 7,863 rentable square feet. Upon the Expansion Date, Landlord shall prepare and deliver to construct or cause to be constructed Tenant, an expansion of the building in commencement certificate which the Premises are located which expansion Tenant shall include approximately one hundred forty-five thousand (145,000) square feet of warehouse space located on the South portion of the real property included in the Project as shown on Exhibit A- 2 attached hereto as "Future Expansion" (the "Expansion Premises"). The Expansion Option may be exercised acknowledge by Tenant only by delivery of written notice executing a copy and returning it to Landlord or Tenant's exercise of its rights under this Article 43. (the "Expansion Notice"), which must be received by Landlord not later than the third (3rd) anniversary of the Lease Commencement DateLandlord. If Tenant fails to timely deliver such Expansion Notice sign and return the expansion commencement certificate or if provide to Landlord detailed comments thereto reasonably questioning the Lease is terminated pursuant to any date set forth by Landlord within ten (10) days of its other terms or provisions prior to receipt from Landlord, the third (3rd) anniversary of the Lease Commencement Date, Tenant's rights to exercise the Expansion Option shall lapse and expansion commencement certificate as sent by Landlord shall be free deemed to develop, hold, or sell the portion of the Project on which have correctly set forth the Expansion Premises are Date and the other matters addressed in the expansion commencement certificate. Failure of Landlord to be located as Landlord chooses, in Landlord's sole and absolute discretion. The Expansion Option send the expansion commencement certificate shall be exercisable by Tenant have no effect on the express conditions that (i) at the time of delivery of the Expansion Notice, Tenant shall not be in default under this Lease after expiration of the applicable cure period, (ii) Tenant has not previously been in default after expiration of the applicable cure period under this Lease on more than three (3) separate occasions during the Lease Term, and (iii) Tenant has not assigned this Lease or sublet all or any part of the Premises, it being understood that the Expansion Option is personal to the original named Tenant under this Lease. In the event of any such assignment or sublease, the Expansion Option shall lapse and be null and void and of no further force and effectDate.

Expansion of Premises. 43.01 Tenant is hereby granted the option (the "Expansion Option") to cause Landlord to construct or cause to be constructed an expansion Effective as of the building in which Second Expansion Date (as hereafter defined), the Premises are located which expansion approximately 2,447 rentable square foot Second Expansion Space shall include approximately one hundred forty-five thousand (145,000) square feet of warehouse space located on the South be deemed added to and shall become a portion of the real property included in Premises demised under the Project as shown on Exhibit A- 2 attached hereto as "Future Expansion" (the "Expansion Premises"). The Expansion Option may be exercised by Tenant only by delivery of written notice to Landlord or Tenant's exercise of its rights under this Article 43. (the "Expansion Notice"), which must be received by Landlord not later than the third (3rd) anniversary Lease for all purposes of the Lease Commencement for the remainder of the Term of this Lease as extended by this Second Amendment. Except as otherwise provided in this Second Amendment, all of the terms and provisions of the Lease shall apply to the Second Expansion Space. The Term of this Lease as to the Second Expansion Space shall be co-terminous with the remainder of the Premises as provided in paragraph 2(a) of this Second Amendment. As used in this Second Amendment, the term “Second Expansion Date” shall mean (i) that date which is the last to occur of May 1, 2005 or (ii) the date which is thirty (30) days immediately following the Delivery Date (as said term is hereafter defined). As used herein, the term “Delivery Date” shall mean that date on which Landlord shall deliver possession and control of the Second Expansion Space to Tenant free and clear of all claims and rights of possession of the third party (the “Existing Tenant”) which is presently in possession and control of the Second Expansion Space. Landlord anticipates that the Delivery Date shall occur on or about May 1, 2005 subject to the Existing Tenant timely vacating the Second Expansion Space. Within ten (10) days after the written request of either party, Landlord and Tenant shall execute and deliver a written memorandum confirming the Delivery Date and the Second Expansion Date. If From and after the Delivery Date, Tenant fails and its employees and contractors shall be permitted to timely deliver such enter the Premises solely for the limited purpose of performing Tenant’s Work (as hereafter defined). Notwithstanding the foregoing to the contrary, in the event Tenant shall use or occupy the Second Expansion Notice or if Space for the Lease is terminated pursuant to any conduct of its other terms or provisions business prior to the third date which is thirty (3rd30) anniversary days after the Delivery Date, such date of use shall be deemed the Second Expansion Date for all purposes of this Second Amendment. Effective as of the Lease Commencement Second Expansion Date, Tenant's rights to exercise the Expansion Option shall lapse and Landlord Lease shall be free to develop, hold, or sell deemed amended in the portion of the Project on which the Expansion Premises are to be located as Landlord chooses, in Landlord's sole and absolute discretion. The Expansion Option shall be exercisable by Tenant on the express conditions that (i) at the time of delivery of the Expansion Notice, Tenant shall not be in default under this Lease after expiration of the applicable cure period, (ii) Tenant has not previously been in default after expiration of the applicable cure period under this Lease on more than three (3) separate occasions during the Lease Term, and (iii) Tenant has not assigned this Lease or sublet all or any part of the Premises, it being understood that the Expansion Option is personal to the original named Tenant under this Lease. In the event of any such assignment or sublease, the Expansion Option shall lapse and be null and void and of no further force and effect.following respects:

Expansion of Premises. 43.01 Tenant is hereby granted Effective on and as of the option date upon which Landlord delivers possession of the below-defined Premises broom-swept, vacant and with hall Building systems in good working condition, but no earlier than January 1, 2018 (the "“Expansion Option") Commencement Date”), the Existing Premises shall be expanded to cause Landlord to construct or cause to be constructed an expansion of the building in which the Premises are located which expansion shall include approximately one hundred forty-five thousand (145,000) that certain 4,098 rentable square feet of warehouse space located as further depicted on Exhibit A attached hereto (the South portion “Expansion Premises”), for a term that is coterminous with the Lease Term, as extended pursuant to Paragraph 3 below. As of the real property included Expansion Commencement Date, the Existing Premises and the Expansion Premises shall collectively hereinafter be known as the “Premises” and shall contain a total of 16,992 rentable square feet (i.e., since the new measurement for the Existing Premises shall be utilized as noted in Paragraph 1 above) made up of the entirety of the fourth (4th) floor of the office building. Landlord shall use commercially reasonable efforts to deliver the Expansion Premises to Tenant as of the Expansion Commencement Date; provided, however, Tenant acknowledges that an existing tenant currently occupies the Expansion Premises pursuant to a lease agreement with Landlord that is currently scheduled to expire on March 18, 2018 and that Landlord shall not be liable to Tenant nor shall this Fourth Amendment be void or voidable in the Project as shown on Exhibit A- 2 attached hereto as "Future Expansion" (event that the "existing tenant remains in the Expansion Premises"). The Premises following the Expansion Option may be exercised by Tenant only by delivery of written notice to Landlord or Tenant's exercise of its rights under this Article 43. (the "Expansion Notice"), which must be received by Landlord not later than the third (3rd) anniversary of the Lease Commencement Date. If Tenant fails In such case the Expansion Premises shall be delivered following the date that such existing tenant surrenders possession of the Expansion Premises to timely deliver such Expansion Notice or if Landlord in accordance with the Lease is terminated pursuant to any terms and conditions of its other terms lease or provisions prior such earlier date as such existing tenant’s leasehold with respect to the third (3rd) anniversary Expansion Premises has been terminated and Landlord has recaptured possession of the Lease Commencement Date, Tenant's rights to exercise Expansion Premises. In the Expansion Option shall lapse and Landlord shall be free to develop, hold, or sell the portion of the Project on which event the Expansion Premises are not delivered to Tenant until after January 1, 2018, then in no event shall Tenant be located liable for Base Rent or Additional Rent attributable to the Expansion Premises between January 1, 2018 and such date as the Expansion Premises are actually delivered to Tenant. Notwithstanding anything to the contrary contained herein, if the Expansion Premises is not delivered to Tenant by April 1, 2018, Tenant shall have the option, but not the obligation, to terminate the Lease by delivering written notice (the “Termination Notice”) to Landlord choosesafter April 1, 2018 but prior to the date that Landlord actually delivers the Expansion Premises to Tenant, in which case the Lease shall terminate effective as of the date that is thirty (30) days following Landlord's sole and absolute discretion. The Expansion Option shall be exercisable by Tenant on ’s receipt of the express conditions that Termination Notice (isuch date being the “Early Termination Date”) at the time of delivery unless Landlord delivers possession of the Expansion Notice, Premises to Tenant shall not be in default under this Lease after expiration of the applicable cure within such thirty (30) day period, (ii) Tenant has not previously been in default after expiration of the applicable cure period under this Lease on more than three (3) separate occasions during the Lease Term, and (iii) Tenant has not assigned this Lease or sublet all or any part of the Premises, it being understood that the Expansion Option is personal to the original named Tenant under this Lease. In the event of any such assignment or sublease, Tenant timely delivers the Termination Notice and Landlord does not deliver the Expansion Option Premises to Tenant by the Early Termination Date, then Tenant shall lapse surrender the Existing Premises to Landlord no later than the Early Termination Date and the parties shall be null and void and released from any liability arising under the Lease following the Early Termination Date other than those obligations that survive the expiration or earlier termination of no further force and effectthe Lease.

Expansion of Premises. 43.01 Tenant is hereby granted shall have the option (the "“Expansion Option"”) to cause Landlord construct an addition to construct or cause to be constructed an expansion of the building in which Building and/or expand the Premises are located parking areas serving the Building (the “Expansion Space”), which expansion shall include approximately one hundred forty-five thousand be constructed pursuant to the terms of this Article. Any Expansion Space added to the Building pursuant to this Article shall be subject to the terms and provisions of this Lease. In addition, Landlord expressly agrees that there will be no adjustment to the Annual Rent payable hereunder (145,000during not only the Term, but also during and any and all extension(s) square feet of warehouse space located on the South portion of the real property included in Term) should such Expansion Space be constructed by Tenant, it being agreed that, since Tenant will, if at all, be constructing the Project as shown on Exhibit A- 2 attached hereto as "Future Expansion" (Expansion Space at its sole cost and expense, no Annual Rent will be charged for the "Expansion Premises")Space. The Expansion Option may be exercised by Tenant only by delivery Tenant’s notifying Landlord in writing of written notice to Landlord or Tenant's such exercise of its rights under this Article 43. (the "date of such notice is hereinafter referred to as the “Expansion Notice"Exercise Date”), which must be received by Landlord not later than the third (3rd) anniversary of the Lease Commencement Date. If Tenant fails to timely deliver such Expansion Notice or if shall be accompanied by conceptual and preliminary design plans showing the Lease is terminated pursuant to any of its other terms or provisions prior to the third (3rd) anniversary of the Lease Commencement Date, Tenant's rights to exercise general layout and uses for the Expansion Option Space and general specifications. Tenant shall lapse prepare and furnish to Landlord shall be free to develop, hold, or sell the portion of the Project on which within sixty (60) days after the Expansion Premises are to be located as Landlord chooses, in Landlord's sole Exercise Date complete architectural drawings and absolute discretionspecifications (hereinafter called the “Expansion Plans”). The Expansion Option Plans shall be exercisable prepared by a licensed architect retained by Tenant, which architect shall be subject to the reasonable approval of Landlord. Landlord agrees to review the Expansion Plans and in each case to approve same or state what changes, if any, Landlord requires therein within thirty (30) days after receipt thereof. If Landlord requires any changes, Tenant shall cause the Expansion Plans to be revised in accordance with any reasonable requirements of Landlord and to resubmit same to Landlord for Landlord’s review within fifteen (15) days after receipt of Landlord’s changes. In addition, Landlord may review said Expansion Plans and request changes therein during the course of preparation thereof by said architect and Tenant shall cause said architect to revise the Expansion Plans accordingly. The revisions and resubmissions shall continue until Landlord shall have approved the Expansion Plans (said approved Expansion Plans being hereinafter called the “Approved Plans”). Landlord’s approval of the Expansion Plans shall not constitute an opinion or agreement by Landlord that the proposed improvements are structurally sufficient or that the Approved Plans are in compliance with Legal Requirements (it being agreed that such compliance is solely Tenant’s responsibility). Tenant shall provide Landlord with two (2) sets of the Approved Plans and Landlord and Tenant shall execute counterparts thereof. The Approved Plans shall be final and shall not be changed by Tenant on without the express conditions prior consent of Landlord. Tenant agrees to use diligent (commercially reasonable) efforts to obtain all necessary permits for development and construction of the Expansion Space, or so much thereof as the law and local rules and regulations shall allow, although the parties acknowledge that (i) the laws and development environment at the time of delivery of the permitting for the Expansion NoticeSpace may be more restrictive than at present. Landlord agrees to reasonably cooperate with Tenant regarding Tenant’s efforts to obtain permits, licenses and approvals pertaining to the Expansion Space. Tenant shall not be in default under required to remove, alter, or demolish the Expansion Space at the expiration or earlier termination of this Lease after expiration of the applicable cure period, (ii) Tenant has not previously been in default after expiration of the applicable cure period under this Lease on more than three (3) separate occasions during the Lease Term, and (iii) Tenant has not assigned this Lease or sublet all or any part of the Premises, it being understood that except as to leave the Expansion Option Space in the same condition as is personal to required for the original named Tenant under Premises itself including, but not limited to, the requirements set forth in Section 6.3 and Article 26 of this Lease. In Notwithstanding anything to the event contrary contained in this Article 5, if Tenant expands the Premises as set forth herein and, as a direct result of any the addition of such assignment or subleaseExpansion Space, Landlord’s rent under the Ground Lease increases, then Tenant shall be responsible for reimbursing Landlord for such increase (but solely to the extent the increase is directly attributable to the Expansion Option shall lapse and be null and void and of no further force and effectSpace).