terms hereof, the Pathway is hereby expanded to include one
(1) Maxcell sleeve (i) from the 6A Expansion Premises-B to the SPOP (the "6A
Pathway-B"), (ii) from the 6A Expansion Premises-B to the 6A Expansion
Premises-C (the "6A Pathway-BC"), and (iii) from the 6A Expansion Premises-C to
the PPOP (the "6A Pathway-C"; together with the 6A Pathway-B and the 6A
Pathway-BC, collectively, the "6A Pathway").
-4-
[*] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY
BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE
COMMISSION.
B. Total Pathway. Accordingly, notwithstanding anything in the Lease to the
contrary, effective as of the 6A Commencement Date, and continuing through the
Initial Term of the Lease, all references to Pathway under the Lease as amended
hereby shall mean and refer to the following:
Pathway:
The Original Pathway as described on Exhibit "C" to the Original TKD Lease,
the 1A Pathway as depicted on Exhibit "A" to 1A; and
the 6A Pathway described in Section 2.A.of this Amendment
The Original Pathway, 1A Pathway and 6A Pathway shall be referred to,
collectively, as the "Pathway"
3. Extension Options.
A. 6A Expansion Premises-A. Section 2.3 of the Lease, granting Tenant certain
Extension Options, shall apply in its entirety to the 6A Expansion Premises-A.
Tenant's right to exercise any Extension Option with respect to the Suite [*]
Premises shall not be conditioned upon Tenant's exercise of any Extension Option
with respect to the 6A Expansion Premises-B (as set forth below).
B. 6A Expansion Premises-B.
(i) Except as otherwise expressly provided herein, and conditioned upon Tenant's
exercise of the First Extension Option with respect to the Suite [*] Premises,
Section 2.3 of the Lease shall apply only to that portion of the 6A Expansion
Premises-B, that has been reduced by three (3) rows (approximately fifty-two
(52) cabinets), as depicted on the attached Exhibit "A-6A-2" (the "Premises-B
Option Space"). Tenant shall have two (2) options of three (3) months each (the
"Premises-B Options"; each individually, a "Premises-B Option") to extend the
term of the Lease as to the Premises-B Option Space only (the "Premises-B Option
Term"), upon the same terms and conditions as pertain to the Suite [*] Premises,
including the then applicable rate for kW. During any Premises-B Option Term,
Landlord shall furnish 120 total kW to the Premises-B Option Space and the
Tenant's Electricity Consumption Threshold shall be increased accordingly
thereby. Tenant shall have no right to extend the Term as to any other part of
the 6A Expansion Premises-B.
(ii) Tenant may exercise each Premises-B Option by delivering written notice
thereof to Landlord which notice must be received at least forty-five (45) days
prior to the then applicable expiration date of the Premises-B Option Term,
specifying that Tenant is irrevocably exercising its then applicable Premises-B
Option. In the event that Tenant shall fail to deliver such notice within the
applicable time period specified herein for the delivery thereof, time being of
the essence, at the election of Landlord, Tenant shall