HEREIN, TENANT'S LEASE OF THE
EXPANSION PREMISES SHALL BE ON ALL OF THE TERMS AND CONDITIONS OF THE LEASE
(INCLUDING, WITHOUT LIMITATION, EXTENSION RIGHTS OF TENANT FOR EXTENSION TERMS)
AND THE TERM OF THE LEASE WITH RESPECT TO THE EXPANSION PREMISES SHALL BE
COTERMINOUS WITH THE ORIGINAL TERM (AND, IF EXERCISED, EXTENSION TERMS) OF THE
LEASE FOR THE EXISTING PREMISES. AS OF THE EXPANSION PREMISES COMMENCEMENT DATE,
ALL REFERENCES IN THE LEASE TO (I) THE "PREMISES" AND/OR THE PREMISES DEMISED BY
THE LEASE SHALL MEAN THE EXISTING PREMISES AND THE EXPANSION PREMISES
COLLECTIVELY AS SHOWN ON THE EXHIBIT A TO THE LEASE, EXHIBIT A-1 ATTACHED TO THE
FIRST AMENDMENT TO LEASE, AND ON EXHIBIT A-2 ATTACHED TO THIS AMENDMENT; (II)
THE "TENANT'S PROPORTIONATE FRACTION" SHALL MEAN 24.78% WHICH IS CALCULATED
BASED UPON THE RENTABLE SQUARE FOOTAGE OF THE PREMISES LESS THE 71 RENTABLE
SQUARE FEET OF THE ADDITIONAL SPACE DESCRIBED IN THE FIRST AMENDMENT; AND (III)
THE "PREMISES SQUARE FOOTAGE" SHALL MEAN 14,314 RENTABLE SQUARE FEET.
3.
FIXED RENT. TENANT SHALL PAY TO LANDLORD FIXED RENT WITH RESPECT
TO THE EXPANSION PREMISES IN THE MANNER AND AT THE TIMES SET FORTH IN THE LEASE,
IN THE AMOUNTS SET FORTH BELOW:
TERM
ANNUAL FIXED RENTAL RATE FOR THE
EXPANSION PREMISES
From the Expansion Premises Commencement Date through December 31, 2008.
$37,305.00
From January 1, 2009 through the expiration of the Lease Term, as the same may
be extended.
Calculated in the same fashion as for the Existing Premises under
subclause (iii) of the definition of Annual Fixed Rental Rate in Section 1.1 of
the Existing Lease, except that only the Annual Fixed Rental Rate for the
Expansion Premises shall be used in such calculation, and the first day after
the Second Rent Period will be January 1, 2009.
4.
CONDITION; LANDLORD'S WORK. EXCEPT FOR THE PERFORMANCE OF
"LANDLORD'S EXPANSION PREMISES WORK" (AS HEREINAFTER DEFINED), THE EXPANSION
PREMISES ARE BEING LEASED IN THEIR AS IS CONDITION AS OF THE DATE OF THIS LEASE.
LANDLORD SHALL, AT LANDLORD'S SOLE COST AND EXPENSE, DELIVER THE EXPANSION
PREMISES TO TENANT ON THE APPLICABLE COMMENCEMENT DATE THEREFOR (I) VACANT,
BROOM-CLEAN, AND WITH ALL DEBRIS AND PERSONAL PROPERTY REMOVED THEREFROM, (II)
WITH THE DEMISING WALLS AND SUITE ENTRY DOOR INSTALLED IN THE LOCATIONS SHOWN ON
EXHIBIT A-2 ATTACHED HERETO AND WITH ALL SUCH WALLS PRIMED AND READY FOR
PAINTING, AND (III) WITH THE ELECTRICAL INSTALLED TO THE EDGE OF THE EXPANSION
PREMISES AND THE TWO BUILDING-STANDARD HVAC VAV BOXES MOUNTED WITHIN THE
EXPANSION PREMISES (COLLECTIVELY, THE "LANDLORD'S EXPANSION PREMISES WORK").
TENANT ACKNOWLEDGES THAT THE PORTION OF LANDLORD'S EXPANSION PREMISES WORK
DESCRIBED IN (II) OF THIS PARAGRAPH 4 HAS BEEN COMPLETED AS OF THE DATE HEREOF.
2
5.
TENANT EXPANSION PREMISES WORK; TENANT IMPROVEMENT ALLOWANCE.
LANDLORD ACKNOWLEDGES THAT TENANT DESIRES TO PERFORM CERTAIN ALTERATIONS AND
IMPROVEMENTS TO THE EXPANSION PREMISES TO PREPARE THE SAME FOR TENANT'S
OCCUPANCY (THE "TENANT EXPANSION PREMISES WORK"). LANDLORD SHALL PAY TO TENANT
AN ALLOWANCE IN THE AMOUNT OF FORTY-NINE THOUSAND SEVEN HUNDRED