PARTIES SURRENDERING SUITES 550 AND 560 TO LANDLORD UPON THE NATURAL
EXPIRATION OF THEIR EXISTING LEASES, AS APPLICABLE; AND (II) LANDLORD'S ABILITY
TO RELOCATE THE THIRD PARTY CURRENTLY OCCUPYING SUITE 570 TO OTHER SPACE ON SUCH
TERMS AND CONDITIONS AS IS ACCEPTABLE TO LANDLORD IN ITS SOLE AND ABSOLUTE
DISCRETION.
LANDLORD SHALL HAVE NO LIABILITY WHATSOEVER TO TENANT RELATING TO
OR ARISING FROM LANDLORD'S INABILITY OR FAILURE TO DELIVER, OR LANDLORD'S DELAY
IN DELIVERING, THE PREMISES TO TENANT.
1.3
RENTABLE SQUARE FEET OF PREMISES, BUILDING AND PROJECT.
FOR
PURPOSES OF THIS LEASE, THE RENTABLE AND USABLE SQUARE FOOTAGES SET FORTH IN THE
SUMMARY AND ALL PERCENTAGES BASED THEREUPON SHALL BE DEEMED ACCURATE AND NEITHER
THE PREMISES, BUILDING OR PROJECT SHALL BE SUBJECT TO REMEASUREMENT.
1.4
TENANT EXPANSION RIGHT.
1.4.1
EXPANSION SPACE.
LANDLORD HEREBY GRANTS TO THE ORIGINALLY
NAMED TENANT HEREIN (THE "ORIGINAL TENANT") AND ANY "PERMITTED TRANSFEREE" (AS
THAT TERM IS DEFINED IN SECTION 14.8 OF THIS LEASE), TO WHOM ALL OF TENANT'S
INTEREST IN THIS LEASE HAS BEEN ASSIGNED, THE ONE-TIME RIGHT TO LEASE
APPROXIMATELY 6,384 RENTABLE SQUARE FEET OF SPACE, COMMONLY KNOWN AS SUITE 600,
AND LOCATED ON THE SIXTH (6TH) FLOOR OF THE BUILDING (THE "EXPANSION SPACE");
PROVIDED, HOWEVER, IN THE EVENT THAT PRIOR TO LANDLORD'S DELIVERY TO TENANT OF
AN "EXPANSION SPACE OFFER NOTICE" (AS THAT TERM IS DEFINED IN SECTION 1.4.2,
BELOW), LANDLORD EXERCISES ITS RIGHT TO MOVE TENANT TO "SUBSTITUTION PREMISES"
(AS THAT TERM IS DEFINED IN ARTICLE 22, BELOW) ON THE TERMS AND CONDITIONS SET
FORTH IN ARTICLE 22, AND, AS A RESULT, TENANT NO LONGER OCCUPIES THAT PORTION OF
THE PREMISES THAT IS COMMONLY KNOWN AS SUITE 620 AND IS LOCATED ON THE SIXTH
(6TH) FLOOR OF THE BUILDING ("SUITE 620"), THEN THE TERM "EXPANSION SPACE" SHALL
BE DEEMED TO REFER TO AN AREA OF APPROXIMATELY 6,000 RENTABLE SQUARE FEET OF
SPACE LOCATED ADJACENT TO THE SUBSTITUTION PREMISES.
THE PRECISE AMOUNT OF AND
THE LOCATION OF ANY SUCH EXPANSION SPACE SHALL BE DESIGNATED BY LANDLORD, UPON
THE TERMS AND CONDITIONS SET FORTH IN THIS SECTION 1.4.
NOTWITHSTANDING THE
FOREGOING, SUCH EXPANSION OPTION SHALL BE SUBORDINATE TO ALL RIGHTS, IF ANY, OF
ANY EXISTING TENANTS IN THE PROJECT (COLLECTIVELY, THE "SUPERIOR RIGHT
HOLDERS"), INCLUDING, WITHOUT LIMITATION, SEDGWICK CLAIMS MANAGEMENT
SERVICES, INC. AND R.L. POLK & CO., WITH RESPECT TO SUCH EXPANSION SPACE.
1.4.2
PROCEDURE FOR OFFER OF EXPANSION SPACE.
LANDLORD SHALL NOTIFY
TENANT (THE "EXPANSION SPACE OFFER NOTICE") AS SOON AS IS REASONABLY PRACTICABLE
FOLLOWING LANDLORD'S CONFIRMATION OF WHEN AND IF (SUBJECT TO THE TERMS OF
SECTION 1.4.1, ABOVE) THE EXPANSION SPACE WILL BECOME AVAILABLE FOR LEASE TO
TENANT, WHICH AVAILABILITY LANDLORD ANTICIPATES WILL BEGIN ON APPROXIMATELY
DECEMBER 1, 2009.
PURSUANT TO SUCH EXPANSION SPACE OFFER NOTICE, LANDLORD SHALL
OFFER TO LEASE TO TENANT THE EXPANSION SPACE.
THE EXPANSION SPACE NOTICE SHALL
DESCRIBE THE SPACE SO OFFERED TO TENANT AND SHALL SET FORTH THE "EXPANSION
RENT," AS THAT TERM IS DEFINED IN SECTION 1.4.4 BELOW, AND THE OTHER ECONOMIC
TERMS UPON WHICH LANDLORD