TO BE PAID BY TENANT TO LANDLORD AND HELD AND APPLIED
PURSUANT TO SECTION 4.6.
1.20
"TENANT IMPROVEMENTS" SHALL MEAN THE IMPROVEMENTS TO THE PREMISES
INSTALLED OR TO BE INSTALLED FOR TENANT PURSUANT TO EXHIBIT B.
1.21
"TENANT'S BROKER" SHALL MEAN THE INDIVIDUAL OR CORPORATE BROKER
IDENTIFIED ON THE BASIC LEASE INFORMATION PAGE AS THE BROKER FOR TENANT, IF ANY.
1.22
"TENANT'S PROPORTIONATE SHARE" IS SPECIFIED ON THE BASIC LEASE
INFORMATION PAGE AND IS BASED ON THE PERCENTAGE WHICH THE RENTABLE AREA OF THE
PREMISES BEARS TO THE TOTAL RENTABLE AREA OF THE BUILDING.
IF THE RENTABLE AREA
OF THE PREMISES CHANGES AS A RESULT OF THE MODIFICATION OF THE PREMISES IN
ACCORDANCE WITH THE PROVISIONS OF SECTION 2.2 BELOW, TENANT'S PROPORTIONAL SHARE
SHALL BE RECALCULATED.
1.23
"TERM" SHALL MEAN THE PERIOD COMMENCING WITH THE COMMENCEMENT DATE
AND ENDING AT 11:59 P.M. ON THE EXPIRATION DATE.
1.24
OTHER TERMS.
OTHER TERMS USED IN THIS LEASE AND ON THE BASIC LEASE
INFORMATION PAGE SHALL HAVE THE MEANINGS GIVEN TO THEM HEREIN AND THEREON.
ARTICLE 2.
PREMISES
2.1
LEASE.
LANDLORD HEREBY LEASES TO TENANT AND TENANT HEREBY LEASES
FROM LANDLORD THE PREMISES UPON ALL OF THE TERMS, COVENANTS AND CONDITIONS SET
FORTH IN THIS LEASE.
2.2
MODIFICATION OF PREMISES.
TENANT SHALL HAVE THE RIGHT TO INCREASE
OR DECREASE THE SIZE OF THE PREMISES DESCRIBED IN THE BASIC LEASE INFORMATION
AND SHOWN ON THE ATTACHED EXHIBIT A, PROVIDED THE SPECIFIC CONFIGURATION OF THE
MODIFIED PREMISES SHALL BE SUBJECT TO LANDLORD'S APPROVAL, WHICH SHALL NOT BE
UNREASONABLY WITHHELD, AND SUCH MODIFICATION SHALL BE MADE IN ACCORDANCE WITH
THE TERMS AND CONDITIONS OF THIS SECTION 2.2.
IF TENANT DESIRES TO INCREASE THE
SIZE OF THE SECOND FLOOR PREMISES OR THE FOURTH FLOOR PREMISES, OR TO DECREASE
THE SIZE OF THE SECOND FLOOR PREMISES, THE THIRD FLOOR PREMISES, OR THE FOURTH
FLOOR PREMISES, TENANT SHALL PROVIDE LANDLORD WITH WRITTEN NOTICE OF SUCH
ELECTION (THE "PREMISES MODIFICATION NOTICE") NOT LATER THAN SIXTY (60) DAYS
AFTER THE FULL EXECUTION OF THIS LEASE BY LANDLORD AND TENANT (THE "PREMISES
MODIFICATION NOTICE DEADLINE"), WHICH PREMISES MODIFICATION NOTICE SHALL INCLUDE
A DEPICTION OF THE DESIRED CONFIGURATION OF THE MODIFIED PREMISES.
TENANT'S
RIGHT TO MODIFY THE PREMISES IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
(I) THE TOTAL RENTABLE AREA OF THE PREMISES FOLLOWING SUCH MODIFICATION SHALL
NOT BE LESS THAN 92,000 RENTABLE SQUARE FEET, (II) THE SECOND FLOOR PREMISES MAY
BE INCREASED TO INCLUDE PART OR ALL OF THE AREA LABELED "INITIAL EXPANSION AREA"
ON ATTACHED EXHIBIT A (THE "INITIAL EXPANSION AREA"), (III) THE CONFIGURATION OF
EACH INCREMENT OF THE PREMISES MUST BE PERMITTED BY APPLICABLE LAWS REGARDING
EXITING, (IV) SPACE INCLUDED IN THE PREMISES ON EACH FLOOR SHALL BE REASONABLY
CONTIGUOUS, (V) IF TENANT LEASES A PORTION OF THE INITIAL EXPANSION AREA, THE
BALANCE OF THE INITIAL EXPANSION AREA NOT LEASED BY TENANT, TAKEN TOGETHER WITH
THE BALANCE OF THE THEN-UNLEASED SPACE ON THE FLOOR, SHALL IN LANDLORD'S
REASONABLE JUDGMENT BE READILY LEASEABLE FOR GENERAL OFFICE PURPOSES WITH LEGAL
EXITING