SEPTEMBER 30, 2016; AND THE SECOND TERM
EXTENSION OPTION SHALL BE FOR THE PERIOD FROM OCTOBER 1, 2016, THROUGH
SEPTEMBER 30, 2021.
IF TENANT ELECTS TO EXERCISE ONE OR BOTH OF THE EXTENSION
OPTIONS, IT SHALL DO SO IN ACCORDANCE WITH SECTION 3.3 OF THE LEASE.
IN
ADDITION, TENANT MAY EXERCISE SUCH OPTIONS IF AND ONLY IF AS OF THE DATE TENANT
EXERCISES SUCH OPTION TENANT MEETS THE CREDIT TEST (AS DEFINED IN SECTION 6
BELOW).
3.
BASIC ANNUAL RENT.
NOTWITHSTANDING ANY PROVISION OF THE LEASE TO
THE CONTRARY, THE BASIC ANNUAL RENT PAYABLE FOR THE DEMISED PREMISES FOR THE
LEASE YEAR BEGINNING OCTOBER 1, 2004, IS $3,843,840, WHICH IS EQUIVALENT TO
$320,320 PER MONTH; AND SAID BASIC ANNUAL RENT SHALL BE AUTOMATICALLY INCREASED
BY 4% PER YEAR OVER THE BASIC ANNUAL RENT FOR THE PRIOR YEAR, COMMENCING AS OF
OCTOBER 1, 2005, AND ON EACH OCTOBER 1 THEREAFTER DURING THE TERM OF THE LEASE
AND ANY EXTENSIONS OF THE TERM OF THE LEASE.
ACCORDINGLY, NOTWITHSTANDING ANY
PROVISION OF THE LEASE TO THE CONTRARY, THE SCHEDULED MONTHLY INSTALLMENT OF
BASIC ANNUAL RENT FOR THE TWELVE CALENDAR MONTH PERIOD COMMENCING AS OF
OCTOBER 1 OF EACH YEAR OF THE TERM OF THE LEASE IS AS FOLLOWS:
Starting October 1,
in the Year:
Monthly Installment of Basic Annual Rent
(rounded to $1.00)
2004
$
320,320
2005
$
333,133
2006
$
346,458
2007
$
360,316
2008
$
374,729
2009
$
389,718
2010
$
405,307
2011
$
421,519
2012
$
438,380
2013
$
455,915
2014
$
474,152
2015
$
493,118
2016
$
512,843
2017
$
533,356
2018
$
554,690
2019
$
576,878
2020
$
599,953
Section 5.1 of the Lease is hereby amended to reflect the new rent schedule as
set forth above; and the provisions of Sections 3.3.1 (other than the last
sentence thereof), 6.1 and 6.2 and the second sentence of Section 3.3.3 of the
Lease are hereby deleted.
There shall be no "Fair Rental Value" adjustments to
the Basic Annual Rent upon exercise of either of the extension options referred
to above.
4.
NO TENANT IMPROVEMENT ALLOWANCE.
SECTIONS
3.3.4 THROUGH 3.3.7
OF THE LEASE ARE HEREBY DELETED AND LANDLORD SHALL HAVE NO OBLIGATION TO PROVIDE
ANY TENANT IMPROVEMENT ALLOWANCE UPON EXERCISE OF EITHER OF EXTENSION OPTIONS
REFERRED TO ABOVE.
5.
FEES PAYABLE BY TSI.
SECTION 3.3.8 OF THE LEASE OBLIGATES
LANDLORD TO PAY TO TENANT A CERTAIN AMOUNTS IN CONNECTION WITH EXTENSIONS OF THE
TERM OF THE LEASE UNDER CERTAIN CIRCUMSTANCES.
THE PROVISIONS IN SECTION 3.3.8
OF THE LEASE ARE HEREBY AMENDED TO PROVIDE AS FOLLOWS:
A.
CONDITIONAL UPON: (I)
BI DELIVERING TO LANDLORD BY THE EFFECTIVE
DATE COPIES OF THE FOLLOWING MATERIALS (TO THE EXTENT OWNED BY BI AND
TRANSFERABLE, AND WITH ALL PROPRIETARY INFORMATION REDACTED) UTILIZED BY, OR ON
BEHALF OF, BI TO MARKET THE DEMISED PREMISES FOR LEASE, INCLUDING WITHOUT
LIMITATION: ALL MARKETING BROCHURES; COPIES OF ALL HTML AND OTHER COMPUTER FILES
RELATED TO THE WEBSITE; THE LIST OF CONSULTANTS USED TO MARKET THE PREMISES; AND
THE