Example ContractsClausesExpansion in the Building
Expansion in the Building
Expansion in the Building contract clause examples

Expansion in the Building. Following the Second Expansion Premises Commencement Date, Tenant shall have the one-time right, but not the obligation, to expand the Premises (theExpansion Right”) to include the Expansion Space upon the terms and conditions set forth in this Section. For purposes of this Section 8(a), “Expansion Space” shall mean that certain space on the second floor of the Building consisting of approximately 9,521 rentable square feet commonly known as Suite 201, which is not occupied by a tenant or which is occupied by a then-existing tenant whose lease is being terminated or whose lease is expiring within 9 months or less and such tenant does not wish to renew (whether or not such tenant has a right to renew) its occupancy of such space. If all or a portion of the Expansion Space become available Landlord shall, at such time as Landlord shall elect so long as Tenant’s rights hereunder are preserved, deliver to Tenant written notice (theExpansion Notice”) of such Expansion Space, together with the terms and conditions on which Landlord is prepared to lease Tenant the Expansion Space. Tenant shall be entitled to exercise its right under this Section 8(a) only with respect to the entire Expansion Space identified in the Expansion Notice (“Identified Expansion Space”). Tenant shall have 10 business days following delivery of the Expansion Notice to deliver to Landlord written notification of Tenant’s exercise of the Expansion Right (“Exercise Notice”) with respect to the Identified Expansion Space. Tenant shall be entitled to lease the Identified Expansion Space upon the terms and conditions set forth in the Expansion Notice and otherwise consistent with the terms of the Lease. The Term of the Lease with respect to the Identified Expansion Space may not be co-terminous with the Term of the Lease with respect to the then-existing Premises, but in no event shall the Term of the lease with respect to the Identified Expansion Space be longer than 7 years from the date on which the Lease commences with respect to the Identified Expansion Space. Notwithstanding anything to the contrary contain herein, in no event shall the Fourth Amendment Improvement Allowance apply with respect to the Identified Expansion Space. If Tenant fails to deliver an Exercise Notice to Landlord for the Identified Expansion Space within the required 10

Expansion in the Building. Tenant shall, during the Base Term, have the one-time right, but not the obligation, to expand the Premises (theExpansion Right”) to include the Expansion Space upon the terms and conditions set forth in this Section. For purposes of this Section 39(a), “Expansion Space” shall mean that certain space immediately adjacent to the Premises, consisting of approximately 3,168 rentable square feet, as shown on Exhibit G, which is not occupied by a tenant or which is occupied by a then-existing tenant whose lease is expiring within 9 months or less and such tenant does not wish to renew (whether or not such tenant has a right to renew) its occupancy of such space. If there is any Expansion Space in the Building, Landlord shall, within a reasonable period, deliver to Tenant written notice (theExpansion Notice”) of such Expansion Space, together with the terms and conditions on which Landlord is prepared to lease Tenant the Expansion Space; provided that Base Rent for the Available Space shall be at the Market Rate (as defined in Section 40(a) below). Tenant shall be entitled to exercise its right under this Section 39(a) only with respect to the entire Expansion Space. Tenant shall have 10 days following delivery of the Expansion Notice to deliver to Landlord written notification of Tenant’s exercise of the Expansion Right (“Exercise Notice”). Tenant shall be entitled to lease the Expansion

Expansion in the Building. Following the Second Expansion Premises Commencement Date, Tenant shall have the one-time right with respect to each suite identified as part of the Expansion Space, but not the obligation, to expand the Premises (theExpansion Rights”) to include the Expansion Space upon the terms and conditions set forth in this Section. For purposes of this Section 8(a), “Expansion Space” shall mean # that certain space on the first floor of the Building consisting of approximately 7,893 rentable square feet commonly known as Suite 104 (along with that certain space on the first floor of the Building commonly known as Suite 100G, containing approximately 260 rentable square feet of storage space), # that certain space on the second floor of the Building consisting of approximately 9,521 rentable square feet commonly known as Suite 203 (along with that certain space on the first floor of the Building commonly known as Suite 100D, containing approximately 424 rentable square feet of storage space), # that certain space on the second floor of the Building consisting of approximately 5,327 rentable square feet commonly known as Suite 204 (along with that certain space on the first floor of the Building commonly known as Suite 100C, containing approximately 489 rentable square feet of storage space), and # that certain space on the third floor of the Building consisting of approximately 12,695 rentable square feet commonly known as Suite 304 (along with that certain space on the first floor of the Building commonly known as Suite 100E, containing approximately 400 rentable square feet of TC lab space), to the extent that each such space is not occupied by a tenant or which is occupied by a then-existing tenant whose lease is being terminated or whose lease is expiring within 9 months or less and such tenant does not wish to renew (whether or not such tenant has a right to renew) its occupancy of such space. If all or a portion of the Expansion Space becomes available Landlord shall, at such time as Landlord shall elect so long as Tenant’s rights hereunder are preserved, deliver to Tenant written notice (each, an “Expansion Notice”) of the availability of such Expansion Space, together with the terms and conditions on which Landlord is prepared to lease Tenant such Expansion Space. Tenant shall be entitled to exercise its right under this Section 8(a) only with respect to the entire Expansion Space identified in an Expansion Notice (“Identified Expansion Space”). Tenant shall have 10 business days following delivery of the Expansion Notice to deliver to Landlord written notification of Tenant’s exercise of its Expansion Right (“Exercise Notice”) with respect to the Identified Expansion Space identified in the Expansion Notice. Tenant shall be entitled to lease the Identified Expansion Space upon the terms

Expansion in the Building. Tenant shall have the right, but not the obligation, to expand the Premises (“Expansion Right”) to include any Expansion Space (as defined below) in the Building upon the terms and conditions in this Section. For purposes of this Section, “Expansion Space” shall mean any space in the Building that is not occupied by a tenant or that is occupied by an existing tenant whose lease is expiring within 6 months or less and such tenant does not wish to renew (whether or not such tenant has a right to renew) its occupancy of such space. In no event shall the Expansion Space include any space on the first floor for the On Site Food Service (unless Landlord is not then operating and does not intend to operate the On Site Food Service) or Landlord’s management office. If there is any Expansion Space in the Building, Landlord shall, when the availability of the Expansion Space becomes known (but not earlier than 180 days before such availability), deliver to Tenant written notice (“Expansion Notice”) of the Expansion Space. The Expansion Notice shall set forth the terms and conditions on which Landlord is prepared to lease the Expansion Space to Tenant. The rental terms for the Expansion Space shall be the fair market rent, including market concessions (collectively, “Expansion Space FMR/Concessions”) as mutually determined by Landlord and Tenant, and the Expansion Notice shall set forth Landlord’s proposed Expansion Space FMR/Concessions. Tenant shall respond to the Expansion Notice within 10 business days after receipt thereof, which response shall state that Tenant # declines to lease the Expansion Space, # agrees to lease the Expansion Space on the terms set forth in the Expansion Notice (including the Expansion Space FMR/Concessions), in which event Landlord and Tenant shall within a period of 15 thereafter days execute and deliver an amendment to this Lease or a lease agreement for the Expansion Space, or # desires to lease the Expansion Space but in good faith disagrees with the proposed Expansion Space FMR/Concessions, in which event Landlord and Tenant shall, for a period of up to 15 days, negotiate in good faith for Tenant’s lease of the Expansion Space on mutually acceptable Expansion Space FMR/Concessions. If Landlord and Tenant are unable to agree on the Expansion Space FMR/Concessions within such 15 day period after negotiating in good faith, the parties shall proceed to arbitration as set forth below.

Expansion in the Project. Tenant shall have the right, but not the obligation, to expand the Premises (“Project Expansion Right”) to include any Project Expansion Space (as defined below) in the Project upon the terms and conditions in this Section. For purposes of this Section, “Project Expansion Space” means any space in the Project containing at least 50,000 rentable square feet of contiguous space in Building B that is not occupied by a tenant or that is occupied by an existing tenant whose lease is expiring within 6 months or less and such tenant does not wish to renew (whether or not such tenant has a right to renew) its occupancy of such space. Landlord shall, when the availability of the Project Expansion Space becomes known (but not earlier than 180 days before such availability), deliver to Tenant written notice (“Project Expansion Notice”) of the Project Expansion Space. The Project Expansion Notice shall set forth the terms and conditions on which Landlord is prepared to lease the Project Expansion Space. The rental terms for the Project Expansion Space shall be the fair market rent, including market concessions (collectively, “Project Expansion Space FMR/Concessions”) as mutually determined by Landlord and Tenant, and the Project Expansion Notice shall set forth Landlord’s proposed Project Expansion Space FMR/Concessions. Tenant shall respond to the Project Expansion Notice within 10 business days after receipt thereof, which response shall state that Tenant # declines to lease the Project Expansion Space, # agrees to lease the Project Expansion Space on the terms set forth in the Project Expansion Notice (including the Project Expansion Space FMR/Concessions), in which event Landlord and Tenant shall within a period of 15 days thereafter execute and deliver an amendment to this Lease or a lease agreement for the Project Expansion Space, or # desires to lease the Project Expansion Space but in good faith disagrees with the proposed Project Expansion Space FMR/Concessions, in which event Landlord and Tenant shall, for a period of up to 15 days, negotiate in good faith for Tenant’s lease of the Project Expansion Space on mutually acceptable Project Expansion Space FMR/Concessions. If Landlord and Tenant are unable to agree on the Project

Expansion in the Project. Tenant shall have the right, but not the obligation, to expand the Premises (“Project Expansion Right”) to include any Project Expansion Space (as defined below) in the Project upon the terms and conditions in this Section. For purposes of this Section, “Project Expansion Space” means any space in the Project containing at least 50,000 rentable square feet of contiguous space in Building B that is not occupied by a tenant or that is occupied by an existing tenant whose lease is expiring within 6 months or less and such tenant does not wish to renew (whether or not such tenant has a right to renew) its occupancy of such space. Landlord shall, when the availability of the Project Expansion Space becomes known (but not earlier than 180 days before such availability), deliver to Tenant written notice (“Project Expansion Notice”) of the Project Expansion Space. The Project Expansion Notice shall set forth the terms and conditions on which Landlord is prepared to lease the Project Expansion Space. The rental terms for the Project Expansion Space shall be the fair market rent, including market concessions (collectively, “Project Expansion Space FMR/Concessions”) as mutually determined by Landlord and Tenant, and the Project Expansion Notice shall set forth Landlord’s proposed Project Expansion Space FMR/Concessions. Tenant shall respond to the Project Expansion Notice within 10 business days after receipt thereof, which response shall state that Tenant # declines to lease the Project Expansion Space, # agrees to lease the Project Expansion Space on the terms set forth in the Project Expansion Notice (including the Project Expansion Space FMR/Concessions), in which event Landlord and Tenant shall within a period of 15 days thereafter execute and deliver an amendment to this Lease or a lease agreement for the Project Expansion Space, or # desires to lease the Project Expansion Space but in good faith disagrees with the proposed Project Expansion Space FMR/Concessions, in which event Landlord and Tenant shall, for a period of up to 15 days, negotiate in good faith for Tenant’s lease of the Project Expansion Space on mutually acceptable Project Expansion Space FMR/Concessions. If Landlord and Tenant are unable to agree on the Project Expansion Space FMR/Concessions within such 15 day period after negotiating in good faith, the parties shall proceed to arbitration as set forth below.

Expansion. Effective as of the Expansion Premises Commencement Date (as hereinafter defined), the Current Premises are hereby expanded to include 1,409 rentable square feet as shown on Exhibit A-11] attached hereto and made a part hereof (“Expansion Premises”), which Exhibit A-11] shall be deemed part of and attached to the Original Lease. TheExpansion Premises Commencement Date” or “EPCD” shall mean the earlier of # the date Tenant occupies the Expansion Premises or any portion thereof for the conduct of Tenant's business; or # the date Landlord Substantially Completes the Work (as hereinafter defined) in the Expansion Premises and tenders possession of the Expansion Premises to Tenant. As of the Expansion Premises Commencement Date, thePremises” shall include both the Current Premises and the Expansion Premises. After the Expansion Premises Commencement Date occurs, Landlord shall deliver to Tenant an instrument confirming the Expansion Premises Commencement Date. The rentable square feet stated herein shall be conclusive on both parties. As used herein, the term “Work” shall mean installing, at Landlord’s sole cost and expense, new Building standard carpet as selected by Tenant, constructing an interior passageway connecting Suite A-210 and the Expansion Premises, installing an interior door between Suite A-210 and the Expansion Premises (if required by applicable fire codes), and painting the Expansion Premises using Building standard colors and materials selected by Tenant.

Expansion. Tracon may propose to the JSC to expand the Field to include additional Indications (beyond the Indications as of the Effective Date or any substitutes as permitted in [Section 3.6(a)]), including proposed amendments to the Development Plan to support such additional Indications. The JSC shall review and determine whether or not to approve such proposal, provided that Eucure’s JSC representatives shall not unreasonably withhold such approval, and upon such approval, the Field shall be amended to reflect such addition of Indications.

Landlord shall deliver possession of the Expansion Premises to Tenant and Tenant agrees to accept the Expansion Premises with # those items of work set forth in Exhibit A-11] to the Lease in the column titled “Provided by Landlord at Landlord Cost” substantially complete with respect to the Expansion Premises (hereinafter, theExpansion Base Building Work”) (and all references to the second floor in such Exhibit A-11] shall mean the first floor for purposes of the Expansion Base Building Work), and # with Landlord’s Expansion Work, as defined below, substantially complete. Other than with respect to the Expansion Base Building Work and Landlord’s Expansion Work, the Expansion Premises shall be delivered in their current condition as of the date of this First Amendment, Landlord’s sole obligation to make changes to such current condition prior to the Expansion Date being the Expansion Base Building Work and Landlord’s Expansion Work. Tenant acknowledges that except as set forth in this Section 5 it is not relying on any representations of Landlord or Landlord’s agents or employees as to the current condition of the Expansion Premises or the condition of the Expansion Base Building Work, and Landlord shall have no obligation with respect thereto except as may be expressly set forth in this First Amendment. The Expansion Base Building Work will be completed in accordance with all applicable laws and building codes and in compliance with plans and permits for the Expansion Base Building Work as submitted to the City of San Diego, and no costs associated with the Expansion Base Building Work will be charged against Landlord’s Expansion Contribution or otherwise charged to Tenant, including any costs associated with changes required to cause the Expansion Base Building Work to comply with applicable laws.

Premises at such time. The date upon which Tenant takes possession of the Expansion Premises under the Existing Lease shall be the "Expansion Possession Date." Consequently, effective upon the Expansion Commencement Date, the Existing Premises shall be increased to include the Expansion Premises. Landlord and Tenant hereby acknowledge that such addition of the Expansion Premises to the Existing Premises shall, effective as of the Expansion Commencement Date, increase the size of the Premises to approximately 61,399 RSF. The Existing Premises and the Expansion Premises may hereinafter collectively be referred to as the "Premises.". All references in the Lease, as amended, to the Building shall mean # the 700 Building when the context applies to the 700 Building or any portion of the Premises located in the 700 Building, # the 300 Building when the context applies to the 300 Building or any portion of the Premises located in the 300 Building, and # both the 700 Building and the 300 Building when the context applies to both of such buildings.

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