9. The parties confirm that the terms of paragraph 5 of Section 2.1 of the Lease (regarding the Common Area Work) shall apply to the entirety of the Premises as increased herein (i.e. the Original Premises and Additional Premises), provided that the parenthetical statement (it being agreed any such relocation of demising walls will occur prior to the Commencement Date) in the first sentence of paragraph 5 of Section 2.1 shall not be applicable in connection with the Additional Premises (i.e. such time limitation shall not apply to Common Area Work in the Additional Premises).
10. Effective as of the date hereof, Section 2.1 of the Lease is amended by adding the following paragraph:
Landlord reserves the right, at its own cost and expense, to require Tenant, upon ninety (90) days written notice, to relocate the Additional Premises elsewhere in the Building or the Park, to an area of substantially equivalent size and at least of the equivalent quality, and with substantially similar improvements as are in the Additional Premises, as designated by Landlord (provided that the Annual Fixed Rent Rate and Monthly Fixed Rent Rate shall remain unchanged). If Landlord shall exercise such right to relocate Tenant, Landlord shall pay for all of Tenants reasonable relocation costs. In the event that Tenant should in the future lease additional space from Landlord under the Lease such that the Premises shall consist of 40,000 or more rentable square feet in the Building, then the relocation right contained in this paragraph shall be null and void.
11. The prior tenant of the Additional Premises (the Prior Tenant) is conveying to Tenant certain furniture and other personal property located in the Additional Premises (the Conveyed Items) pursuant to a separate agreement between those parties. Tenant acknowledges and agrees that the Conveyed Items are considered as Tenants personal property for all purposes under the Lease, including but not limited to the yield-up requirements under Section 6.1.9. Further, Tenant acknowledges and agrees that all computer and telecommunications wiring installed by the Prior Tenant are hereby deemed to have been installed by Tenant and subject to all of the terms and conditions of the Lease, including but not limited to the yield-up requirements of Section 6.1.9. Landlord acknowledges and agrees that, other than the computer and telecommunications wiring referenced in the prior sentence, Tenant shall have no obligation to remove any alterations made in the Additional Premises by the Prior Tenant.
12. Tenant represents to Landlord it has dealt with no broker in connection with this Amendment other than Transwestern RBJ (the Broker), and in the event of any claims for commissions against Landlord by any other brokers predicated upon prior dealings with Tenant, Tenant agrees to defend the same and indemnify and hold harmless Landlord against any such claims. Landlord shall pay a commission to the Broker in connection with this Amendment pursuant to the terms of a separate agreement.
13. Each of Landlord and Tenant represents that the person executing this Amendment is duly authorized to execute and deliver this Amendment on behalf of said company, trust, corporation and/or limited liability company.
14. This Amendment contains the entire agreement of the parties regarding the subject matter hereof. There are no promises, agreements, conditions, undertakings, warranties or representations, oral or written, express or implied, among them, relating to this subject matter, other than as set forth herein.