Common use of Expansion Premises Clause in Contracts

Expansion Premises. (a) In addition to and together with the Premises, from and after the Expansion Premises Rent Commencement Date (as defined in Paragraph 4 below), Landlord leases to Tenant and Tenant leases from Landlord that certain Expansion Premises (herein so called) located, in part, in the building comprising “Block B” (the “Expansion Premises Building”) and, in part, in the Building, and consisting of approximately ninety-one thousand seven hundred forty- eight (91,748) rentable square feet (with 37,717 square feet located on the 1st floor and 51,856 square feet located on the 2nd floor of the Expansion Premises Building and 2,175 square feet located on the 1st floor of the Building adjacent to the Premises). The Expansion Premises is identified as the “Expansion Premises” on the Site Plan attached hereto as Exhibit “A-1”. From and after the Expansion Premises Rent Commencement Date, references in the Lease to the “Premises” shall be deemed to include the “Expansion Premises” and Tenant's use, lease and occupancy of the Expansion Premises shall be subject to all of the terms, covenants and provisions of the Lease, except as expressly set forth in this Amendment. (b) Landlord consents to entry by Tenant in the Expansion Premises from and after the date Landlord tenders possession of the Expansion Premises to Tenant as described in Paragraph 8 below (the “Expansion Premises Delivery Date”) for the purposes of readying the Expansion Premises for Tenant’s business operations and completing the Expansion Premises Work (as defined below). Tenant acknowledges that the (i) indemnification and waiver provisions of Article 10 of the Lease, (ii) the waiver of subrogation provisions of Section 10.5 of the Lease, and the insurance provisions of Article 10 of the Lease, apply to Tenant’s early entry in the Expansion Premises. 3.

Expansion Premises. (a) In addition Contingent upon the execution of the Termination Agreement, Sublandlord shall sublease to Subtenant and together with Subtenant shall sublease from Sublandlord the Expansion Premises, from upon and after subject to the terms, covenants and conditions set forth in the Sublease and this Amendment, effective as of the later of September 1, 2009 or the date that Subtenant takes possession of the Expansion Premises Rent Commencement Date (as defined in Paragraph 4 below), Landlord leases to Tenant and Tenant leases from Landlord that certain Expansion Premises (herein so called) located, in part, in the building comprising “Block B” (the “Expansion Premises BuildingEffective Date”) and, in part, in ). The parties stipulate that the Building, and consisting of approximately ninety-one thousand seven hundred forty- eight (91,748) rentable square feet (with 37,717 square feet located on the 1st floor and 51,856 square feet located on the 2nd floor footage of the Expansion Premises Building and 2,175 square feet located on the 1st floor of the Building adjacent as set forth in Recital B above shall not be subject to the Premises). The Expansion Premises is identified as the “Expansion Premises” on the Site Plan attached hereto as Exhibit “A-1”remeasurement. From and after the Expansion Premises Rent Commencement Effective Date, (a) ) except for use in calculating Subtenant’s Share, all references in the Lease Sublease to the “Sublease Premises” shall be deemed to include the “Expansion Premises” ; (b) Subtenant’s Share shall mean 17.82% as to the original Sublease Premises (i.e.17,390 square feet) and Tenant's use, lease and occupancy of 5.6% as to the Expansion Premises, such Expansion Premises shall to be subject to all a different Base Year in calculating Subtenant’s Share of Operating Expenses and Taxes, per Section 4 hereof; (c) the number of parking spaces Subtenant is entitled to use in the Parking Facility of the terms, covenants and provisions Building in accordance with Section 8 of the Lease, except as expressly set forth in this Amendment. Sublease shall he increased from fifty-five (b55) Landlord consents to entry by Tenant in seventy-two (72); (d) Sublandlord shall provide Building standard signage at the Expansion Premises from and after the date Landlord tenders possession of the Expansion Premises entrance to Tenant as described in Paragraph 8 below (the “Expansion Premises Delivery Date”) for the purposes of readying the Expansion Premises for TenantSubtenant’s business operations name in accordance with Section 7 of the Sublease and completing (e) in addition to all Rent provided for in the Sublease, Subtenant shall pay Rent upon the Expansion Premises Work (as defined below). Tenant acknowledges that in accordance with the (i) indemnification terms and waiver provisions of Article 10 of the Lease, (ii) the waiver of subrogation provisions of Section 10.5 of the Lease, and the insurance provisions of Article 10 of the Lease, apply to Tenant’s early entry conditions provided in the Sublease, including Base Rental for the Expansion Premises. 3Premises calculated at the rates set forth below, such Rent to be paid together with the Rent otherwise due under the Sublease.

Expansion Premises. (a) In Landlord and Tenant hereby agree to add the Expansion Premises to the Premises in two (2) stages, with (i) the first stage consisting of the addition to and together with the Premises, from and after as of the First Expansion Premises Rent Commencement Date (as defined in Paragraph 4 belowhereinafter defined), Landlord leases to Tenant and Tenant leases from Landlord of that certain portion of the Expansion Premises (herein so called) located, in part, in the building comprising “Block B” (the “Expansion Premises Building”) and, in part, in the Building, and consisting of approximately ninetyfourteen thousand nine hundred seventy-one thousand seven hundred forty- eight three (91,74814,973) rentable square feet shown on First Amendment Exhibit A attached hereto (with 37,717 square feet located on "Expansion Premises A"), and (ii) the 1st floor and 51,856 square feet located on second stage consisting of the 2nd floor addition to the Premises, as of the Second Expansion Commencement Date (as hereinafter defined), of that portion of the Expansion Premises Building and 2,175 consisting of approximately fourteen thousand nine hundred seventy-three (14,973) rentable square feet located shown on First Amendment Exhibit B attached hereto ("Expansion Premises !2"). Landlord hereby leases to Tenant, and Tenant hereby rents from Landlord, the 1st Expansion Premises upon the terms and conditions of this First Amendment. (b) As of the First Expansion Commencement Date, the entire Premises shall consist of approximately seventy-six thousand eight hundred sixty (76,860) rentable s~uare feet comprising the entire third (3rd) and fourth (4th) floors and a portion of the second (2n ) floor of the Building adjacent to Building. On the Premises). The First Expansion Premises is identified as the “Expansion Premises” on the Site Plan attached hereto as Exhibit “A-1”. From and after the Expansion Premises Rent Commencement Date, references in the Lease to the “Premises” Expansion Premises A shall be deemed to include the “Expansion Premises” and Tenant's use, lease and occupancy become part of the Expansion Premises and, except as otherwise provided below, shall be subject to all of the termsterms and conditions of the Lease for the remainder of the Term. (c) As of the Second Expansion Commencement Date, covenants the entire Premises shall consist of approximately ninety-one thousand eight hundred thi~-three (91,833) rentable square feet consisting of the entire second (2nd), third (3rd) and provisions fourth (41) floors of the Building. On the Second Expansion Commencement Date, Expansion Premises B shall become part of the Premises and, except as otherwise provided below, shall be subject to all of the terms and conditions of the Lease for the remainder of the Term. (d) Notwithstanding anything to the contrary contained in the Lease, except as expressly set forth in this Amendment. (b) Landlord consents including but not limited to entry by Tenant in the Section 1, neither Expansion Premises from and after the date Landlord tenders possession of the A nor Expansion Premises B shall be subject to Tenant as described in Paragraph 8 below (the “Expansion Premises Delivery Date”) for the purposes of readying the Expansion Premises for Tenant’s business operations and completing the Expansion Premises Work (as defined below). Tenant acknowledges that the (i) indemnification and waiver provisions of Article 10 of the Lease, (ii) the waiver of subrogation provisions of Section 10.5 of the Lease, remeasurement and the insurance provisions of Article 10 of the Leaserentable square footage thereof as recited in Section 2(a) hereof shall be shall be final, apply to Tenant’s early entry in the Expansion Premisesconclusive and controlling. 3.