Common use of Commencement Date Clause in Contracts

Commencement Date. Upon the Effective Date, the terms and provisions hereof shall be fully binding on Landlord and Tenant, including prior to the occurrence of the Commencement Date. The Term of this Lease shall commence on the Commencement Date and, unless sooner terminated or extended as hereinafter provided, shall end on the Expiration Date. If Landlord does not tender possession of the Premises to Tenant on or before any specified date, for any reason whatsoever, Landlord shall not be liable for any damage thereby, this Lease shall not be void or voidable thereby, and the Term shall not commence until Landlord tenders possession of the Premises to Tenant. No failure to tender possession of the Premises to Tenant on or before any specified date shall affect any other obligations of Tenant hereunder. Once the Commencement Date is determined, Landlord and Tenant shall execute an agreement in the form of Exhibit F hereto stating the Commencement Date and the Expiration Date, but the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession of the Premises, Tenant shall be deemed to have done so when Tenant first moves Tenant’s Property and/or any of its personnel into the Premises and/or commences construction, except to the extent that Tenant is authorized in this Lease or by Landlord’s agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. Notwithstanding the foregoing, if the Commencement Date has not occurred by August 1, 2002 (as such date may be extended by any Tenant Delay and/or Unavoidable Delay), Tenant shall have the right, as Tenant’s sole remedy, to terminate this Lease by delivering written notice of such termination (the “Termination Notice”) to Landlord at any time on or after such date but prior to the Commencement Date with such termination being effective 30 days after Landlord’s receipt of the Termination Notice; provided however, if the Commencement Date occurs within such 30 day period, the Termination Notice shall be deemed null and void. If Landlord incurs an Unavoidable Delay in connection with Landlord’s Substantial Completion of the Tenant Improvements due to any delay in the issuance of any permits or in connection with any governmental inspections of the Tenant Improvements, Landlord will send Tenant written notice of such Unavoidable Delay within 2 business days after Landlord obtains actual knowledge of such Unavoidable Delay. If Landlord fails to send such notice to Tenant within such 2 business day period, then the delay will not be treated as an Unavoidable Delay until the day on which Landlord sends such notice to Tenant.

Commencement Date. Upon “Commencement Date” means, subject to the Effective Dateterms of subparagraph (c) below, the terms and provisions hereof shall be fully binding on day that Landlord and Tenant, including prior tenders the Premises to Tenant with the occurrence of the Commencement Date. The Term of this Lease shall commence on the Commencement Date and, unless sooner terminated Work Substantially Complete or extended as hereinafter provided, shall end on the Expiration Date. If that date that Landlord does not tender would have tendered possession of the Premises to but for a Tenant on or before any specified date, for any reason whatsoever, Delay Day. If Landlord shall not be liable for any damage thereby, this Lease shall not be void or voidable thereby, and the Term shall not commence until Landlord tenders possession of the Premises to Tenant. No failure fails to tender possession of the Premises to Tenant on by the Scheduled Commencement Date, such failure will not constitute a default of this Lease or before any specified date shall affect any other obligations grounds for termination of Tenant hereunder. Once the Commencement Date is determinedthis Lease, Landlord and Tenant shall execute an agreement in the form of Exhibit F hereto stating the Commencement Date and the Expiration Date, but the failure agrees to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted accept possession of the PremisesPremises when same are tendered by Landlord. If, for any reason other than a Tenant Delay Day or a Force Majeure event, Landlord fails to tender possession of the Premises to Tenant with the Work Substantially Completed within [***] after the date of this Lease, then for each day after such date that Landlord is late in so tendering, Tenant shall be deemed entitled to have done so [***] of abatement of Base Rent (which shall be applied following the Commencement Date) (the day for day rent credit shall be referred to as the “Late Delivery Rent Credit”). The Late Delivery Rent Credit, if any, shall be applied in equal monthly installments against Base Rent as and when Tenant first moves Tenant’s Property and/or any of its personnel into the Premises and/or commences constructionsame comes due and is payable until fully applied, except provided that such Late Delivery Rent Credit shall be in addition to the extent that Tenant is authorized application of any abatement of Rent or other off-set provided herein. Delay in this Lease or by Landlord’s agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. Notwithstanding the foregoing, if the Commencement Date has shall not occurred by August 1, 2002 (as such date may be extended by any Tenant Delay and/or Unavoidable Delay), Tenant shall have the right, as subject Landlord to liability for loss or damage resulting therefrom and Tenant’s sole remedy, to terminate this Lease by delivering written notice of such termination (the “Termination Notice”) to Landlord at any time on or after such date but prior to the Commencement Date with such termination being effective 30 days after Landlord’s receipt of the Termination Notice; provided however, if the Commencement Date occurs within such 30 day period, the Termination Notice recourse shall be deemed null and voidas provided in this Section above. If Landlord incurs an Unavoidable Delay in connection with Landlord’s Substantial Completion of the Tenant Improvements due to any delay in the issuance of any permits or in connection with any governmental inspections of the Tenant Improvements, Landlord will send Tenant written notice of such Unavoidable Delay within 2 business days after Landlord obtains actual knowledge of such Unavoidable Delay. If Landlord fails to send such notice to Tenant within such 2 business day period, then the delay will not be treated as an Unavoidable Delay until the day on which Landlord sends such notice to Tenant.​

Commencement Date. Upon the Effective Date, the terms and provisions hereof shall be fully binding on Landlord and Tenant, including prior to the occurrence of the Commencement Date. The Term of this Lease shall commence on the Commencement Date and, unless Date. Unless sooner terminated or extended as may be hereinafter provided, the Term shall end on the Expiration Date. If Landlord does not tender possession of the Premises to Tenant on or before any specified particular date, for any reason whatsoever, Landlord shall not be liable for any damage therebythereby (except as expressly set forth in this Section 2.2 below), this Lease shall not be void or voidable thereby, and the Term shall not commence until the Commencement Date. Notwithstanding the foregoing, if Landlord tenders does not cause the Initial Installations (defined in the Work Letter) to be Substantially Completed on or before the date that is sixty (60) days following the full execution and delivery of this Lease by Landlord and Tenant (the “Fixed Rent Abatement Outside Date”), then Tenant shall be entitled to an abatement of Fixed Rent in an amount equal to the product of (i) the number of days occurring after the Fixed Rent Abatement Outside Date and prior to the Commencement Date, less the number of days attributable to any Tenant Delays (as defined in Exhibit B and the Work Letter) and/or Unavoidable Delays (as defined in the Exhibit B), and (ii) Five Hundred Sixty-Four and 62/100 Dollars ($564.62) (i.e., two (2) times the daily amount of Fixed Rent payable during the first Lease Year) (such Fixed Rent abatement amount is referred to herein as the “Fixed Rent Abatement Amount”). The Fixed Rent Abatement Amount, if any, shall be applied, if at all, to Tenant’s obligation to pay Fixed Rent under this Lease commencing on the first day of the thirteenth (13th) full calendar month of the Term and continuing thereafter until such Fixed Rent Abatement Amount is fully exhausted. Landlord shall be deemed to have tendered possession of the Premises to Tenant upon the giving of notice by Landlord to Tenant stating that the Premises are vacant, in the condition required by this Lease and available for Tenant’s occupancy. No Except as otherwise specifically provided in this Section 2.2 above, no failure to tender possession of the Premises to Tenant on or before any specified particular date shall affect any other obligations of Tenant hereunder. Once There shall be no postponement of the Commencement Date is determined, Landlord and Tenant shall execute an agreement in the form of Exhibit F hereto stating the Commencement Date and the Expiration Date, but the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession of the Premises, Tenant shall be deemed to have done so when Tenant first moves Tenant’s Property and/or any of its personnel into the Premises and/or commences construction, except to the extent that Tenant is authorized in this Lease or by Landlord’s agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. Notwithstanding the foregoing, if the Commencement Date has not occurred by August 1, 2002 for (as such date may be extended by any Tenant Delay and/or Unavoidable Delay), Tenant shall have the right, as Tenant’s sole remedy, to terminate this Lease by delivering written notice of such termination (the “Termination Notice”i) to Landlord at any time on or after such date but prior to the Commencement Date with such termination being effective 30 days after Landlord’s receipt of the Termination Notice; provided however, if the Commencement Date occurs within such 30 day period, the Termination Notice shall be deemed null and void. If Landlord incurs an Unavoidable Delay in connection with Landlord’s Substantial Completion of the Tenant Improvements due to any delay in the issuance tender of possession to Tenant which results from any Tenant Delay or (ii) any delays by Landlord in the performance of any permits or in connection with punch list items relating to Initial Installations. At any governmental inspections of time during the Tenant ImprovementsTerm, Landlord will send Tenant written notice of such Unavoidable Delay within 2 business days after Landlord obtains actual knowledge of such Unavoidable Delay. If Landlord fails to send such notice may deliver to Tenant a Notice of Lease Term Dates in the form as set forth in Exhibit G, attached hereto, which notice Tenant shall execute and return to Landlord within such 2 business day period, then the delay will not be treated as an Unavoidable Delay until the day on which Landlord sends such notice to Tenantfive (5) days of receipt thereof.

Commencement Date. Upon the Effective Date, the terms and provisions hereof shall be fully binding on Landlord and Tenant, including Tenant prior to the occurrence of the Commencement Date. The Term of this Lease shall commence on that date (the Commencement "COMMENCEMENT DATE") which is the earlier to occur of (i) the Effective Date andor (ii) the date on which Landlord completes the acquisition of title to the Real Property. Immediately following the close of escrow of Landlord's purchase of the Real Property, unless Landlord shall advise Tenant in writing of the same. Unless sooner terminated or extended as hereinafter provided, the Term shall end on the Expiration Date"EXPIRATION DATE" specified in Article 1. If Landlord does not tender possession of the Premises Block One to Tenant on or before any specified datethe Scheduled Rent Commencement Date (Block One) or Block Two by the Scheduled Rent Commencement Date (Block Two), for any reason whatsoever, Landlord shall not be liable for any damage thereby, and this Lease shall not be void or voidable thereby, and the Term shall not commence until Landlord tenders possession of the Premises to Tenant. . No failure to tender possession of the applicable portion of the Premises to Tenant on or before the Scheduled Rent Commencement Date (Block One) or the Scheduled Rent Commencement Date (Block Two), as the case may be, shall in any specified date shall way affect any other obligations of Tenant hereunder, provided, however, that Landlord shall use its commercially reasonable efforts to recover possession of Block Two on May 31, 2000, or as soon thereafter as is reasonably feasible (without any obligation to commence any unlawful detainer proceedings against Chevron Corporation). In addition, Landlord covenants and agrees not to amend the lease with Chevron Corporation in order to grant Chevron Corporation the right to remain in possession of Block Two after May 31, 2000. In addition, if Landlord is unable to tender Block Two to Tenant on or before May 31, 2000, but Landlord has other available units of space within the Building (the "TEMPORARY SPACE"), then Landlord may (if Landlord elects to do so in its sole discretion), make such Temporary Space available for Tenant's use and occupancy for a period not to exceed 60 days. If Tenant elects to occupy such Temporary Space, Tenant shall do so on all of the terms and provisions of this Lease (including those with respect to Rent) for such period as Landlord may specify. Landlord shall tender such Temporary Space in its then As-Is condition and shall have no obligation to ready the space for Tenant's use and occupancy. Once the respective Rent Commencement Date is Dates are determined, Landlord and Tenant shall execute an agreement in the form of Exhibit F hereto stating the Commencement Date, Rent Commencement Date (Block One), Rent Commencement Date (Block Two) and the Expiration Date, but the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession of the Premises, Tenant shall be deemed to have done so when Tenant first moves Tenant’s 's Property and/or any of its personnel into the Premises and/or commences constructionPremises, except to the extent that Tenant is authorized in this Lease or by Landlord’s 's agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. Notwithstanding the foregoing, if the Commencement Date has not occurred by August 1, 2002 (as such date may be extended by any Tenant Delay and/or Unavoidable Delay), Tenant shall have the right, as Tenant’s sole remedy, to terminate this Lease by delivering written notice of such termination (the “Termination Notice”) to Landlord at any time on or after such date but prior to the Commencement Date with such termination being effective 30 days after Landlord’s receipt of the Termination Notice; provided however, if the Commencement Date occurs within such 30 day period, the Termination Notice shall be deemed null and void. If Landlord incurs an Unavoidable Delay in connection with Landlord’s Substantial Completion of the Tenant Improvements due to any delay in the issuance of any permits or in connection with any governmental inspections of the Tenant Improvements, Landlord will send Tenant written notice of such Unavoidable Delay within 2 business days after Landlord obtains actual knowledge of such Unavoidable Delay. If Landlord fails to send such notice to Tenant within such 2 business day period, then the delay will not be treated as an Unavoidable Delay until the day on which Landlord sends such notice to Tenant.\

Commencement Date. Upon 2.4.1 Landlord shall complete the Effective Tenant Improvements in accordance with the Plans and Specifications. Landlord's completion of the Tenant Improvements shall be performed by Landlord's contractor selected by Landlord as provided in Paragraph 2.3.2 hereof, and the Tenant Improvement Allowance shall be applied against the cost thereof as provided in paragraph 2.5 hereof. Landlord shall notify Tenant in writing of Substantial Completion. If Tenant believes that Substantial Completion has not occurred, Tenant shall notify Landlord in writing of its objections within five (5) Business Days after its receipt of the Landlord's notice described in the preceding sentence. Landlord shall have a reasonable time after its receipt of Tenant's notice in which to take such action as may be necessary to achieve Substantial Completion, and shall notify Tenant in writing when such has been achieved. Taking of possession by Tenant shall establish the Commencement Date as specified in the definition of that term even if Tenant disputes whether Substantial Completion has occurred or attempts to condition or qualify the taking of possession. Taking of possession shall further establish that the Premises are in good and satisfactory condition on the Commencement Date and any alleged defects or deficiencies are waived by the Tenant except for any incomplete Punch List Work and latent defects. Tenant shall notify Landlord of any latent defects in the Tenant Improvements within six (6) months after the Commencement Date or Tenant shall be deemed to have waived any rights on account thereof. Landlord shall correct any latent defects in the Tenant Improvements of which Tenant notifies Landlord in writing within six (6) months after the Commencement Date. With the exception of the Tenant Improvements to be made by Landlord, Tenant acknowledges that the Premises shall be delivered AS IS and that no representations as to the condition of the Premises have been made by Landlord. In the event of any dispute as to whether Substantial Completion has occurred, a certificate of Landlord's architect or general contractor shall be deemed conclusive. If on the Commencement Date, the terms and provisions hereof shall Punch List Work remains to be fully binding on completed, Landlord and Tenant, including Tenant shall agree on such Punch List Work prior to occupancy by Tenant and Landlord will work diligently to complete it within thirty (30) days after the Commencement Date. In no event shall Tenant's refusal or failure to agree on the nature and extent of Punch List Work or the existence of items of Punch List Work delay or postpone the occurrence of the Commencement Date. The Term Tenant shall make no changes to the Plans and Specifications or the work reflected in the Plans and Specifications without the consent of this Lease shall commence on the Commencement Date andLandlord, unless sooner terminated or extended as hereinafter provided, shall end on the Expiration Date. If Landlord does not tender possession of the Premises to Tenant on or before any specified date, for any reason whatsoever, Landlord which consent shall not be liable for any damage thereby, this Lease shall not be void or voidable thereby, and the Term shall not commence until Landlord tenders possession of the Premises to Tenant. No failure to tender possession of the Premises to Tenant on or before any specified date shall affect any other obligations of Tenant hereunder. Once the Commencement Date is determined, Landlord and Tenant shall execute an agreement in the form of Exhibit F hereto stating the Commencement Date and the Expiration Date, but the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession of the Premises, Tenant shall be deemed to have done so when Tenant first moves Tenant’s Property and/or any of its personnel into the Premises and/or commences construction, except to the extent that Tenant is authorized in this Lease or by Landlord’s agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. Notwithstanding the foregoing, if the Commencement Date has not occurred by August 1, 2002 (as such date may be extended by any Tenant Delay and/or Unavoidable Delay), Tenant shall have the right, as Tenant’s sole remedy, to terminate this Lease by delivering written notice of such termination (the “Termination Notice”) to Landlord at any time on or after such date but prior to the Commencement Date with such termination being effective 30 days after Landlord’s receipt of the Termination Notice; provided however, if the Commencement Date occurs within such 30 day period, the Termination Notice shall be deemed null and void. If Landlord incurs an Unavoidable Delay in connection with Landlord’s Substantial Completion of the Tenant Improvements due to any delay in the issuance of any permits or in connection with any governmental inspections of the Tenant Improvements, Landlord will send Tenant written notice of such Unavoidable Delay within 2 business days after Landlord obtains actual knowledge of such Unavoidable Delay. If Landlord fails to send such notice to Tenant within such 2 business day period, then the delay will not be treated as an Unavoidable Delay until the day on which Landlord sends such notice to Tenantunreasonably withheld.

Commencement Date. Upon April 1, 1997, unless the Effective DateCommencement Date is changed or the Lease is terminated as provided herein. In the event that the Leased Premises cannot be delivered to Tenant for occupancy on or before March 1, 1997, the terms and provisions hereof Commencement Date shall be fully binding on thirty days after the later to occur of (A) Substantial Completion of the Leased Premises (as hereinafter defined in Section 9(e)), or (B) the date the Landlord and has delivered possession of the Leased Premises to Tenant, including free of all tenants and occupants. Tenant may occupy the Leased Premises for the 30-day period prior to the occurrence Commencement Date, without any obligation to pay any Base Rent hereunder; provided, however, that Tenant will otherwise be required throughout the period of its occupancy prior to the Commencement DateDate to perform all of its other duties and obligations under this Lease. The Term of this Lease shall commence on the Commencement Date and, unless extended or sooner terminated or extended as hereinafter provided, shall end on the Expiration Termination Date, as such dates are respectively defined herein. If Landlord does not tender possession Tenant may elect to accept delivery of a portion of the Leased Premises to Tenant on or before any specified date, for any reason whatsoever, Landlord shall not be liable for any damage thereby, this Lease shall not be void or voidable therebywhen such portion is Substantially Complete (as that term is defined in Section 9(e)) without accepting delivery of all of the Leased Premises, and the Term shall not commence until Landlord tenders possession of the Premises to Tenant. No failure to tender possession of the Premises to Tenant on or before any specified date shall affect any other obligations of Tenant hereunder. Once the Commencement Date is determined, Landlord and Tenant shall execute an agreement in the form of Exhibit F hereto stating the Commencement Date and the Expiration Date, but the failure to do so will not affect the determination of for such dates. For purposes of determining whether Tenant has accepted possession of the Premises, Tenant portion shall be deemed to have done so when Tenant first moves Tenant’s Property and/or any the date of its personnel into the Premises and/or commences construction, except to the extent that Tenant is authorized in this Lease or by Landlord’s agreement to do any such acceptance of all of the foregoing without being deemed Leased Premises; provided, however, that if Tenant elects to have accepted possession so accept delivery of a portion of the Leased Premises. Notwithstanding , then commencing on the foregoing, if the Commencement Date has not occurred by August 1, 2002 (as such date may be extended by any Tenant Delay and/or Unavoidable Delay), Tenant shall have the right, as Tenant’s sole remedy, to terminate this Lease by delivering written notice of such termination (the “Termination Notice”) to Landlord at any time on or after such date but prior to the Commencement Date with such termination being effective which is 30 days after Landlord’s receipt such acceptance, it will be obligated to pay Base Rent on the occupied portion of the Termination Notice; provided howeverLeased Premises in an amount equal to the Base Rent specified in Exhibit B to the Lease, if multiplied by a fraction, having as its numerator the Commencement Date occurs number of rentable square feet contained within such 30 day period, the Termination Notice shall be deemed null and void. If Landlord incurs an Unavoidable Delay in connection with Landlord’s Substantial Completion portion of the Tenant Improvements due to any delay in Leased Premises so occupied by Tenant, and having as its denominator the issuance number of any permits or in connection with any governmental inspections of rentable square feet contained within the Tenant Improvements, Landlord will send Tenant written notice of such Unavoidable Delay within 2 business days after Landlord obtains actual knowledge of such Unavoidable Delay. If Landlord fails to send such notice to Tenant within such 2 business day period, then the delay will not be treated as an Unavoidable Delay until the day on which Landlord sends such notice to Tenantentire Leased Premises.

Commencement Date. Upon the Effective DateUnless otherwise provided herein, the terms Commencement Date and provisions hereof Termination Date shall be fully binding as set forth in Section 1.3. If the Landlord is unable to give possession of the Premises on the date set forth in Section 1.3 by reason of holding over of any tenant or because construction, repairs, or improvements being made or to be made by Landlord are not substantially completed, the Commencement Date and Termination Date shall be postponed for the period that possession by Tenant is delayed for causes other than delays caused by Tenant, including but under no circumstances shall Landlord be responsible for direct or consequential damages because of its inability to furnish possession to Tenant by any particular date. If the Commencement Date is after the date set forth in Section 1.3, it shall not be later than the date upon which the Premises would have been substantially completed but for delays caused by Tenant. Should Tenant occupy the Premises prior to the occurrence of the Commencement Date. The Term date set forth in Section 1.3, with such early occupancy being in all respects fully approved in writing by Landlord, all terms of this Lease shall then commence on and the Commencement Date and, unless sooner terminated or extended as hereinafter provided, shall end on the Expiration Date. If Landlord does not tender possession term of the Premises to Tenant on or before any specified date, for any reason whatsoever, Landlord shall not be liable for any damage thereby, this Lease shall not be void or voidable thereby, and the Term Rental provided herein shall not commence until Landlord tenders possession of go into effect (being prorated if necessary on an actual daily basis for the Premises to Tenant. No failure to tender possession of the Premises to Tenant on or before any specified date shall affect any other obligations of Tenant hereunder. Once first month if the Commencement Date is determinedother than the first day of a calendar month). It is mutually agreed that the Commencement Date of the term under such early occupancy shall be the date Tenant takes occupancy of the Premises and that the Termination Date stated above shall remain in effect. When the Commencement Date and Termination Date of the Lease Term have been determined as provided herein, Landlord shall deliver and Tenant shall execute an agreement a statement specifying the Commencement Date and the Termination Date of the Lease Term, in the form of Exhibit F hereto stating the Commencement Date and the Expiration Date, but the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession of the Premises, Tenant shall be deemed to have done so when Tenant first moves Tenant’s Property and/or any of its personnel into the Premises and/or commences construction, except to the extent that Tenant is authorized in this Lease or by Landlord’s agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. Notwithstanding the foregoing, if the Commencement Date has not occurred by August 1, 2002 (as such date may be extended by any Tenant Delay and/or Unavoidable Delay), Tenant shall have the right, as Tenant’s sole remedy, to terminate this Lease by delivering written notice of such termination (the “Termination Notice”) to Landlord at any time on or after such date but prior to the Commencement Date with such termination being effective 30 days after Landlord’s receipt of the Termination Notice; provided however, if the Commencement Date occurs within such 30 day period, the Termination Notice shall be deemed null and void. If Landlord incurs an Unavoidable Delay in connection with Landlord’s Substantial Completion of the Tenant Improvements due to any delay in the issuance of any permits or in connection with any governmental inspections of the Tenant Improvements, Landlord will send Tenant written notice of such Unavoidable Delay within 2 business days after Landlord obtains actual knowledge of such Unavoidable Delay. If Landlord fails to send such notice to Tenant within such 2 business day period, then the delay will not be treated as an Unavoidable Delay until the day on which Landlord sends such notice to Tenant"D" attached hereto.

Commencement Date. Upon the Effective Date, the terms and provisions hereof The Commencement Date shall be fully binding on Landlord and Tenant, including prior to the occurrence date provided in Item 5 of the Commencement DateBasic Lease Provisions. The Term of If this Lease shall commence on is executed before the Commencement Date andPremises become vacant or otherwise available or if any present tenant or occupant of the Premises holds over, unless sooner terminated or extended as hereinafter provided, shall end on the Expiration Date. If and Landlord does cannot tender acquire possession of the Premises in time to Tenant on or before any specified date, for any reason whatsoever, Landlord shall not be liable for any damage therebydeliver them by the Commencement Date, this Lease shall not be void or voidable therebyvoidable, and the Term Landlord shall not commence until be deemed to be in default hereunder, nor shall Landlord tenders possession be liable for any loss or damage directly or indirectly arising out of or resulting from such holdover, provided that in the event that the actual date of commencement is more than sixty (60) days after the date provided in Item 5 of the Premises Basic Lease Provisions (subject to force majeure delays and any delays caused by Tenant. No failure , its agents, employees or contractors), Tenant shall be entitled, as its sole and exclusive remedy, to tender possession of the Premises a rent credit equal to Tenant on or before any specified date shall affect any other obligations of Tenant hereunder. Once one day's Base Rent for each day that the Commencement Date is determineddelayed beyond such sixty (60) day period. In the event that the actual date of commencement is more than one (1) year after the date that this Lease is fully executed (subject to force majeure delays and any delays caused by Tenant, Landlord and Tenant shall execute an agreement in the form of Exhibit F hereto stating the Commencement Date and the Expiration Dateits agents, but the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession of the Premisesemployees or contractors), Tenant shall be deemed to have done so when Tenant first moves Tenant’s Property and/or any of its personnel into the Premises and/or commences construction, except to the extent that Tenant is authorized in this Lease or by Landlord’s agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. Notwithstanding the foregoing, if the Commencement Date has not occurred by August 1, 2002 (as such date may be extended by any Tenant Delay and/or Unavoidable Delay), Tenant shall have the rightentitled, as Tenant’s its sole and exclusive remedy, to terminate this Lease by delivering upon written notice to Landlord given within thirty (30) days after the expiration of such termination one (the “Termination Notice”1) to Landlord at year period (but in any time on or after such date but event prior to the Commencement Date with such termination being effective 30 days after Landlord’s receipt date that Landlord delivers possession of the Termination Notice; provided howeverPremises with Landlord's Work substantially complete). Except as set forth herein, if Tenant agrees to accept possession of the Premises at such time as Landlord is able to tender the same, which date shall thenceforth be deemed the Commencement Date occurs within such 30 day periodDate. After the Commencement Date, the Termination Notice shall be deemed null Tenant shall, upon demand, execute and void. If deliver to Landlord incurs an Unavoidable Delay in connection with Landlord’s Substantial Completion a letter of acceptance of delivery of the Tenant Improvements due to any delay in Premises specifying the issuance of any permits or in connection with any governmental inspections Commencement Date. 1.4. Condition of the Tenant Improvements, Landlord will send Tenant written notice of such Unavoidable Delay within 2 business days after Landlord obtains actual knowledge of such Unavoidable DelayPremises; Commencement Date. If Landlord fails to send such notice to Tenant within such 2 business day period, then the delay will not be treated as an Unavoidable Delay until the day on which Landlord sends such notice to Tenant1.5.

Commencement Date. Upon the Effective Date, the terms and provisions hereof (a) The Commencement Date shall be fully binding on January 1, 2009 (or such other date when the Premises are substantially complete in regard to Article 27 of this Lease). Tenant acknowledged that it has inspected and accepts the Premises, and specifically the buildings and improvements comprising the same, in their present condition as suitable for the purpose for which the Premises are leased. Taking of possession by Tenant shall be deemed conclusively to establish that said buildings and other improvements are in good and satisfactory condition as of when possession was taken and that Tenant has determined that the Premises are suitable for Tenant’s intended purposes. Landlord has made no warranties with respect to suitability and Tenant, including prior Tenant hereby expressly waives any implied warranty of same. Tenant further acknowledges that no representations as to the occurrence of the Commencement Date. The Term of this Lease shall commence on the Commencement Date and, unless sooner terminated or extended as hereinafter provided, shall end on the Expiration Date. If Landlord does not tender possession of the Premises to Tenant on or before any specified date, for any reason whatsoever, Landlord shall not be liable for any damage thereby, this Lease shall not be void or voidable thereby, and the Term shall not commence until Landlord tenders possession of the Premises to Tenant. No failure to tender possession of the Premises to Tenant on or before any specified date shall affect any other obligations of Tenant hereunder. Once the Commencement Date is determined, Landlord and Tenant shall execute an agreement in the form of Exhibit F hereto stating the Commencement Date and the Expiration Date, but the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession repair of the Premises, Tenant shall be deemed nor promises to have done so when Tenant first moves Tenant’s Property and/or any of its personnel into alter, remodel or improve the Premises and/or commences constructionhave been made by Landlord, except unless such are expressly set forth in writing in this Lease. Landlord hereby waives payment of rent covering any period prior to the extent that tendering of possession to Tenant is authorized in this Lease or by Landlord’s agreement hereunder except as may be otherwise specifically set forth herein . After the Commencement Date, Tenant shall, upon demand, execute and deliver to do any Landlord a letter of the foregoing without being deemed to have accepted possession acceptance of delivery of the Premises. Notwithstanding Tenant agrees to inspect the foregoingPremises immediately upon occupancy and to notify Landlord in writing with ten (10) calendar days of occupancy of any “Punchlist” items, which Landlord if the Commencement Date has not occurred by August 1it is otherwise required to complete or correct such items, 2002 (as such date may be extended by any Tenant Delay and/or Unavoidable Delay), Tenant shall have the rightagrees to complete or correct, as applicable, within a reasonable amount of time. The failure to provide a list within said ten (10) days or to include any item on such list shall be conclusively presumed to mean that the condition of the Premises is acceptable to Tenant and in good working order. Landlord agrees to repair any latent defects which are reported to Landlord in writing by Tenant within ten (10) calendar days of Tenant’s sole remedy, to terminate this Lease by delivering written notice of such termination (the “Termination Notice”) discovery and notification to Landlord at any time on or after such date but prior to the Commencement Date with such termination being effective 30 days after Landlord’s receipt of the Termination Notice; provided however, if the Commencement Date occurs within such 30 day period, the Termination Notice shall be deemed null and void. If Landlord incurs an Unavoidable Delay in connection with Landlord’s Substantial Completion of the Tenant Improvements due to any delay in the issuance of any permits or in connection with any governmental inspections of the Tenant Improvements, Landlord will send Tenant written notice of such Unavoidable Delay within 2 business days after Landlord obtains actual knowledge of such Unavoidable Delay. If Landlord fails to send such notice to Tenant within such 2 business day period, then the delay will not be treated as an Unavoidable Delay until the day on which Landlord sends such notice to Tenantsame.

Commencement Date. Upon Landlord shall prepare the Effective Premises for Tenants occupancy in accordance with the Plans and Specifications. Landlord's preparation of the Premises ("Landlord's Work") shall be performed by Landlord's contractors and the Tenant Improvement Allowance shall be applied against the cost thereof as provided in paragraph 2.5 hereof. Landlord shall notify Tenant in writing of Substantial Completion. If Tenant believes that Substantial Completion has not occurred, Tenant shall notify Landlord in writing of its objections within ten (10) Business Days after its receipt of the Landlord's notice described in the preceding sentence. Landlord shall have a reasonable time after its receipt of Tenant's notice in which to take such action as may be necessary to achieve Substantial Completion, and shall notify Tenant in writing when such has been completed. Taking of possession by tenant of the whole or any part of the Premises shall establish the Commencement Date as specified in the definition of that term and the establishment of such fact upon the taking of possession shall occur even if Tenant disputes whether Substantial Completion has occurred or attempts to condition or qualify the taking of possession. Such taking of possession shall further establish that the Premises are in good and satisfactory condition when possession was so taken and the Commencement Date has occurred. Tenant acknowledges that no representations as to the condition of the Premises have been made by Landlord, unless such are expressly set forth in this Lease. In the event of any dispute as to whether Substantial Completion has occurred, the certificate of Landlord's architect or general contractor shall be conclusive. If on the Commencement Date, the terms and provisions hereof shall Punch List Work remains to be fully binding on completed, Landlord and Tenant, including Tenant shall agree on such Punch List Work prior to occupancy by Tenant and Landlord will promptly complete it after the Commencement Date. In no event shall Tenant's refusal or failure to agree on the nature and extent of Punch List Work or the existence of items of Punch List Work delay or postpone the occurrence of the Commencement Date. The Term of this Lease shall commence on the Commencement Date and, unless sooner terminated or extended as hereinafter provided, shall end on the Expiration Date. If Landlord does not tender possession of the Premises to Tenant on or before any specified date, for any reason whatsoever, Landlord shall not be liable for any damage thereby, this Lease shall not be void or voidable thereby, and the Term shall not commence until Landlord tenders possession of the Premises to Tenant. No failure to tender possession of the Premises to Tenant on or before any specified date shall affect any other obligations of Tenant hereunder. Once the Commencement Date is determined, Landlord and Tenant shall execute an agreement make no changes to the Plans and Specifications or the work reflected in the form Plans and Specifications without the written consent of Exhibit F hereto stating the Commencement Date and the Expiration Date, but the failure to do so will not affect the determination of such datesLandlord. For purposes of determining whether Tenant has accepted possession of the Premises, Tenant shall be deemed to have done so when Tenant first moves Tenant’s Property and/or any of its personnel into the Premises and/or commences construction, except Notwithstanding anything to the extent that Tenant is authorized in this Lease or by Landlord’s agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. Notwithstanding the foregoingcontrary herein contained, if the Commencement Date has shall not have occurred by August 1, 2002 the date (as such "Last Construction Completion Date") which is seven (7) months after the date may be extended of this Lease for any reason other than delays caused by any Tenant Delay and/or Unavoidable Delayor delays attributable to force majeure (see paragraph 6.8), then Tenant shall have the right, as Tenant’s sole remedy, right to terminate this Lease Lease, exercisable by delivering giving Landlord a written thirty (30) day termination notice of such termination (the “Termination Notice”) to Landlord at any time on or after such the Last Construction Completion Date and on or before the date but prior to which is fourteen (14) calendar days after the Last Construction Completion Date, time being of the essence in respect of Tenant's giving said notice. If the Commencement Date with such termination being effective 30 days after shall occur on or before the thirtieth (30th) day following Landlord’s 's receipt of the Termination Notice; provided howeversuch notice, if the Commencement Date occurs within such 30 day period, the Termination Notice Tenant's termination notice shall be deemed null and voidvoid and of no further force or effect. Notwithstanding anything to the contrary in the foregoing contained, there shall be no postponement of the Commencement Date if delay in Substantial Completion shall be due to any change required by Tenant in the Plans and Specifications. In addition to the Tenant Improvements to be constructed as shown in Tenant's Plans and Specifications, subject to Landlord's approval of the Conduit Plan, as defined below, Landlord shall install a conduit ("Tenant's Conduit") to run telecommunications cabling between the Premises and other premises currently demised to Tenant in another building ("Building 500") in the Office Park. Tenant shall prepare plans and specifications (the "Conduit Plan") showing dimensions, materials, location and connection points of Tenant's Conduit for submission to Landlord for its approval or disapproval. Tenant's Conduit Plan shall specify materials having sufficient capacity to meet Tenant's anticipated telecommunications needs during the Lease Term. All costs for labor and materials associated with the installation of Tenant's Conduit, plus the Construction Management Fee in respect of such cost shall be borne solely by Tenant and shall be paid directly to Landlord in full prior to the commencement of any work associated with Tenant's Conduit. No portion of the Tenant Improvement Allowance or the Construction Principal (as defined below in paragraph 2.5) shall be allocated to such cost. Landlord shall perform the installation of Tenant's Conduit during the performance of Landlord's Work to prepare the Premises for Tenant's occupancy. At the expiration or sooner termination of the Lease Term, Tenant's Conduit shall become the property of Landlord. Notwithstanding anything to the contrary contained in the foregoing, Landlord may elect, (without being obligated to do so), (i) to install a conduit of larger size or greater capacity in place of Tenant's Conduit, in which case, if there shall be an incremental increase in the cost to procure materials for and/or install such substitute conduit (for purposes hereof, also to be deemed Tenant's Conduit), Landlord shall pay such incremental cost, and/or (ii) to install, at Landlord's own cost and expense, a separate conduit running alongside Tenant's Conduit for all or a portion of the length of Tenant's Conduit. Regardless of whether Landlord shall make either or both of the preceding elections, Landlord shall have the right to utilize Tenant's Conduit to provide telecommunications or other services to other tenants in the Office Park, provided that such utilization by Landlord shall not diminish or interfere with Tenant's use of Tenant's Conduit. If and for so long as Tenant's Conduit shall be used solely and exclusively by Tenant, all maintenance and repair of Tenant's Conduit shall be performed by and at the expense of Tenant. In performing such maintenance and repair, Tenant shall not interfere with Landlord's operation, administration, and maintenance of any portion of Landlord's real or personal property or other facilities in the Office Park, nor with the use and enjoyment by any other tenant of other premises in the Office Park. If Landlord incurs an Unavoidable Delay shall also use Tenant's Conduit as aforesaid, Landlord shall perform all maintenance and repair thereof and the costs of such maintenance and repair shall be included in connection with Operating Costs for purposes of this Lease. Tenant shall, at its own cost and expense, repair any and all damage to the Building, Building 500, the Land, paved areas, drives, walks, and landscaping or to Landlord’s Substantial Completion 's other facilities and equipment, and shall otherwise defend, indemnify and hold Landlord harmless for any loss, cost, liability, damage or expense (including, without limitation, reasonable attorneys' fees) directly or indirectly arising out of the Tenant Improvements due to any delay in the issuance installation, use, maintenance or repair of any permits or in connection with any governmental inspections of the Tenant ImprovementsTenant's Conduit, Landlord will send Tenant written notice of such Unavoidable Delay within 2 business days after Landlord obtains actual knowledge of such Unavoidable Delay. If Landlord fails to send such notice to Tenant within such 2 business day period, then the delay will not be treated as an Unavoidable Delay until the day on which Landlord sends such notice to Tenantunless caused by Landlord's negligence.

Commencement Date. Upon Landlord shall prepare the Effective Date, Premises for Tenant's occupancy in accordance with the terms Plans and provisions hereof Specifications. Landlord's preparation of the Premises ("Landlord's Work") shall be fully binding on performed by Landlord's contractors and the Tenant Improvement Allowance shall be applied against the cost thereof as provided in paragraph 2.5 hereof. Landlord shall notify Tenant in writing of Substantial Completion. If Tenant believes that Substantial Completion has not occurred, Tenant shall notify Landlord in writing of its objections within ten (10) Business Days after its receipt of the Landlord's notice described in the preceding sentence. Landlord shall have a reasonable time after its receipt of Tenant's notice in which to take such action as may be necessary to achieve Substantial Completion, and Tenantshall notify Tenant in writing when such has been completed. As of the date of this Lease, including Tenant is in possession of Premises C. Taking of possession by Tenant of the whole or any part of Premises A and/or Premises B prior to the occurrence March 1, 2000 or Substantial Completion in respect of the Commencement Date. The Term of this Lease Premises A and B shall commence on establish the Commencement Date and, unless sooner terminated as specified in the definition of that term for both Premises A and B and the establishment of such fact upon the taking of possession shall occur even if Tenant disputes whether Substantial Completion has occurred or extended attempts to condition or qualify the taking of possession. Such taking of possession shall further establish that the Premises are in good and satisfactory condition when possession was so taken and the Commencement Date has occurred. Tenant acknowledges that no representations as hereinafter provided, shall end on to the Expiration Date. If Landlord does not tender possession condition of the Premises have been made by Landlord, unless such are expressly set forth in this Lease. In the event of any dispute as to Tenant whether Substantial Completion has occurred, the certificate of Landlord's architect or general contractor shall be conclusive. If on or before any specified datethe date of Substantial Completion, for any reason whatsoever, Landlord shall not Punch List Work remains to be liable for any damage thereby, this Lease shall not be void or voidable thereby, and the Term shall not commence until Landlord tenders possession of the Premises to Tenant. No failure to tender possession of the Premises to Tenant on or before any specified date shall affect any other obligations of Tenant hereunder. Once the Commencement Date is determinedcompleted, Landlord and Tenant shall execute an agreement agree on such Punch List Work prior to occupancy by Tenant and Landlord will promptly complete it after the date of Substantial Completion. In no event shall Tenant's refusal or failure to agree on the nature and extent of Punch List Work or the existence of items of Punch List Work delay or postpone the occurrence of the date of Substantial Completion or the Commencement Date. Tenant shall make no changes to the Plans and Specifications or the work reflected in the form Plans and Specifications without the written consent of Exhibit F hereto stating Landlord. Notwithstanding anything to the Commencement Date contrary herein contained, Landlord shall perform Landlord's Work in respect of Premises C while Tenant is in occupancy of Premises C and the Expiration Datemay perform Landlord's Work in respect of Premises A and/or B subsequent to March 1, but the failure to do so will not affect the determination 2000 and possibly while Tenant is in occupancy of such datesPremises A and/or B, or parts thereof. For purposes of determining whether Tenant has accepted possession of the Premises, Tenant There shall be deemed to have done so when Tenant first moves Tenant’s Property and/or any of its personnel into the Premises and/or commences construction, except to the extent that Tenant is authorized in this Lease or by Landlord’s agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. Notwithstanding the foregoing, if the Commencement Date has not occurred by August 1, 2002 (as such date may be extended by any Tenant Delay and/or Unavoidable Delay), Tenant shall have the right, as Tenant’s sole remedy, to terminate this Lease by delivering written notice of such termination (the “Termination Notice”) to Landlord at any time on or after such date but prior to the Commencement Date with such termination being effective 30 days after Landlord’s receipt of the Termination Notice; provided however, if the Commencement Date occurs within such 30 day period, the Termination Notice shall be deemed null and void. If Landlord incurs an Unavoidable Delay in connection with Landlord’s Substantial Completion of the Tenant Improvements due to any delay in the issuance of any permits or in connection with any governmental inspections of the Tenant Improvements, Landlord will send Tenant written notice of such Unavoidable Delay within 2 business days after Landlord obtains actual knowledge of such Unavoidable Delay. If Landlord fails to send such notice no allowance to Tenant within such 2 business day periodfor diminution of rental value and no liability on the part of Landlord by reason of inconvenience, then annoyance or injury to Tenant arising from the delay will not be treated as an Unavoidable Delay until the day on which Landlord sends such notice to Tenantperformance of Landlord's Work.

Commencement Date. Upon 2.4.1 Landlord shall complete the Effective Tenant Improvements in accordance with the Plans and Specifications. Landlord's completion of the Tenant Improvements shall be performed by Landlord's contractors, and the Tenant Improvement Allowance shall be applied against the cost thereof as provided in paragraph 2.5 hereof. Landlord shall notify Tenant in writing of Substantial Completion. If Tenant believes that Substantial Completion has not occurred, Tenant shall notify Landlord in writing of its objections within five (5) Business Days after its receipt of the Landlord's notice described in the preceding sentence. Landlord shall have a reasonable time after its receipt of Tenant's notice in which to take such action as may be necessary to achieve Substantial Completion, and shall notify Tenant in writing when such has been achieved. Taking of possession by Tenant shall establish the Commencement Date as specified in the definition of that term even if Tenant disputes whether Substantial Completion has occurred or attempts to condition or qualify the taking of possession. Taking of possession shall further establish that the Premises are in good and satisfactory condition on the Commencement Date and, except as expressly provided below with respect to latent defects in the Tenant Improvements, any alleged defects or deficiencies are waived by the Tenant except for any incomplete Punch List Work. Tenant shall notify the Landlord in writing within three (3) months after Substantial Completion of the existence of any latent defects pertaining to the Tenant Improvements. If Tenant fails to notify the Landlord of any latent defects pertaining to the Tenant Improvements within such period, Tenant shall be deemed to have waived any rights on account thereof. Tenant acknowledges that no representations as to the condition of the Premises have been made by Landlord, unless such are expressly set forth in this Lease. With the exception of the Tenant Improvements to be made by Landlord, Tenant acknowledges that the Premises shall be delivered AS IS and that no representations as to the condition of the Premises have been made by Landlord. In the event of any dispute as to whether Substantial Completion has occurred, the receipt of a temporary certificate of occupancy shall be conclusive unless a temporary certificate of occupancy is unavailable or delayed due to causes which are Tenant's responsibility. If on the Commencement Date, the terms and provisions hereof shall Punch List Work remains to be fully binding on completed, Landlord and Tenant, including Tenant shall agree on such Punch List Work prior to occupancy by Tenant and Landlord will promptly complete it after the Commencement Date. In no event shall Tenant's refusal or failure to agree on the nature and extent of Punch List Work or the existence of items of Punch List Work delay or postpone the occurrence of the Commencement Date. The Term Tenant shall make no changes to the Plans and Specifications or the work reflected in the Plans and Specifications without the consent of this Lease shall commence on the Commencement Date andLandlord, unless sooner terminated or extended as hereinafter provided, shall end on the Expiration Date. If Landlord does not tender possession of the Premises to Tenant on or before any specified date, for any reason whatsoever, Landlord which consent shall not be liable for any damage thereby, this Lease shall not be void or voidable thereby, and the Term shall not commence until Landlord tenders possession of the Premises to Tenant. No failure to tender possession of the Premises to Tenant on or before any specified date shall affect any other obligations of Tenant hereunder. Once the Commencement Date is determined, Landlord and Tenant shall execute an agreement in the form of Exhibit F hereto stating the Commencement Date and the Expiration Date, but the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession of the Premises, Tenant shall be deemed to have done so when Tenant first moves Tenant’s Property and/or any of its personnel into the Premises and/or commences construction, except to the extent that Tenant is authorized in this Lease or by Landlord’s agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. Notwithstanding the foregoing, if the Commencement Date has not occurred by August 1, 2002 (as such date may be extended by any Tenant Delay and/or Unavoidable Delay), Tenant shall have the right, as Tenant’s sole remedy, to terminate this Lease by delivering written notice of such termination (the “Termination Notice”) to Landlord at any time on or after such date but prior to the Commencement Date with such termination being effective 30 days after Landlord’s receipt of the Termination Notice; provided however, if the Commencement Date occurs within such 30 day period, the Termination Notice shall be deemed null and void. If Landlord incurs an Unavoidable Delay in connection with Landlord’s Substantial Completion of the Tenant Improvements due to any delay in the issuance of any permits or in connection with any governmental inspections of the Tenant Improvements, Landlord will send Tenant written notice of such Unavoidable Delay within 2 business days after Landlord obtains actual knowledge of such Unavoidable Delay. If Landlord fails to send such notice to Tenant within such 2 business day period, then the delay will not be treated as an Unavoidable Delay until the day on which Landlord sends such notice to Tenantunreasonably withheld.

Commencement Date. Upon Landlord shall notify Tenant in writing of Substantial Completion and Tenant shall commence occupancy of the Effective Initial Premises on the Commencement Date. Tenant shall occupy the Additional Space on the Second Commencement Date. Tenant shall occupy the Additional Space on the Second Commencement Date. In the event that the Tenant contends that the Tenant Improvements have not in fact been Substantially Completed, Tenant shall notify Landlord in writing of its objections within ten (10) calendar days after its receipt of the Landlord's notice described in the preceding sentence. Landlord shall have a reasonable time after its receipt of Tenant's notice in which to take such action as may be necessary to achieve Substantial Completion, and shall notify Tenant in writing when such action has been completed. Notwithstanding any notification by Tenant to the contrary, taking of possession by Tenant shall establish the Commencement Date as specified in the definition of that term and that the Premises and Tenant Improvements are in good and satisfactory condition, as and when possession was so taken and that the Commencement Date occurred. Tenant acknowledges that no representations as to the condition of the Premises have been made by Landlord, unless such are expressly set forth in this Lease. In the event of any dispute as to whether the Tenant Improvements have been Substantially Completed in accordance with the Plans and Specifications, the certificate of Landlord's architect or general contractor shall be conclusive. If on the Commencement Date, Punch List Work for the terms and provisions hereof shall Tenant Improvements remains to be fully binding on completed, Landlord and Tenant, including Tenant shall agree on such Punch List Work prior to occupancy by Tenant and Landlord will promptly complete it after the Commencement Date. In no event shall Punch List Work delay or postpone the occurrence of the Commencement Date. The Term Changes to the Plans and Specifications shall require the written consent of this Lease shall commence on Landlord and Tenant. Tenant has Landlord's permission to enter the Commencement Date andpremises to install equipment, unless sooner terminated or extended as hereinafter providedfurniture, shall end on the Expiration Datephones and data cable prior to occupancy. If Landlord does not tender possession of Tenant may enter the Premises to Tenant on or before any specified date, for any reason whatsoever, Landlord shall not be liable for any damage thereby, this Lease shall not be void or voidable thereby, and the Term shall not commence until Landlord tenders possession of the Premises to Tenant. No failure to tender possession of the Premises to Tenant on or before any specified date shall affect any other obligations of Tenant hereunder. Once the Commencement Date is determined, Landlord and Tenant shall execute an agreement in the form of Exhibit F hereto stating the Commencement Date and the Expiration Date, but the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession of the Premises, Tenant shall be deemed to have done so when Tenant first moves Tenant’s Property and/or any of its personnel into the Premises and/or commences construction, except to the extent that Tenant is authorized in this Lease or by Landlord’s agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. Notwithstanding the foregoing, if the Commencement Date has not occurred by August 1, 2002 (as such date may be extended by any Tenant Delay and/or Unavoidable Delay), Tenant shall have the right, as Tenant’s sole remedy, to terminate this Lease by delivering written notice of such termination (the “Termination Notice”) to Landlord at any time on or after such date but prior to the Commencement Date to install equipment, furniture, phones and data cabling, provided that, Tenant shall not interfere with such termination being effective 30 days after Landlord’s receipt of the Termination Notice; provided however, if the Commencement Date occurs within such 30 day period, the Termination Notice shall be deemed null and void. If Landlord incurs an Unavoidable Delay in connection with Landlord’s Substantial Completion of the Tenant Improvements due to any delay in the issuance of any permits or in connection with any governmental inspections construction of the Tenant Improvements. All terms of this Lease, Landlord will send Tenant written notice including Tenant's indemnifications and obligation to maintain insurance, but excluding payment of rent, shall apply to such Unavoidable Delay within 2 business days after Landlord obtains actual knowledge of such Unavoidable Delay. If Landlord fails to send such notice to Tenant within such 2 business day period, then the delay will not be treated as an Unavoidable Delay until the day on which Landlord sends such notice to early entry by Tenant.

Commencement Date. Upon Improvements are to be erected upon the Effective Leased Premises pursuant to a separate Leasehold Improvements Agreement between Lessor and Lessee, as described in Section 6.1, and the "Commencement Date" shall be the earlier of the date Lessee begins operating its business in the Leased Premises or the scheduled "Commencement Date" as stated herein; and if no improvements are to be erected upon the Leased Premises pursuant to a Leasehold Improvements Agreement, the terms and provisions hereof Commencement Date shall be fully binding on Landlord January 1, 1996 (the "Commencement Date"). The Commencement Date shall constitute the commencement of the term of this Lease for all purposes, whether or not Lessee has actually taken possession. If this Lease is executed before the Leased Premises become vacant or otherwise available and Tenantready for occupancy by Lessxx, including prior to xx if any present occupant of the occurrence Leased Premises holds over and Lessor cannot acquire possession of the Leased Premises before the Commencement Date. The Term of this Lease , then (a) Lessee's obligation to pay rent hereunder shall commence on the Commencement Date and, unless sooner terminated or extended as hereinafter provided, shall end on the Expiration Date. If Landlord does not tender possession of the Premises to Tenant on or before any specified date, for any reason whatsoever, Landlord shall not be liable for any damage thereby, this Lease shall not be void or voidable thereby, and the Term shall not commence waived until Landlord Lessor tenders possession of the Leased Premises to Tenant. No failure to tender possession of Lessee, (b) the Premises to Tenant on or before any specified date term shall affect any other obligations of Tenant hereunder. Once be extended by the Commencement Date is determined, Landlord and Tenant shall execute an agreement in time between the form of Exhibit F hereto stating the scheduled Commencement Date and the Expiration Date, but the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted date on which Lessor tenders possession of the Leased Premises to Lessee (which date will then be defined as the Commencement Date), (c) Lessor shall not be in default hereunder or be liable for damages therefore, and (d) Lessee shall accept possession of the Leased Premises when Lessor tenders possession thereof to Lessee. By occupying the Leased Premises, Tenant Lessee shall be deemed to have done so when Tenant first moves Tenant’s Property and/or any of its personnel into accepted the Leased Premises and/or commences construction, except to the extent that Tenant is authorized in this Lease or by Landlord’s agreement to do any their condition as of the foregoing without being deemed to have accepted possession of the Premises. Notwithstanding the foregoing, if the Commencement Date has not occurred by August 1, 2002 (as such date may be extended by any Tenant Delay and/or Unavoidable Delay), Tenant shall have the right, as Tenant’s sole remedy, to terminate this Lease by delivering written notice of such termination (the “Termination Notice”) occupancy. Lessee shall execute and deliver to Landlord at any time on or after such date but prior to the Commencement Date with such termination being effective 30 days after Landlord’s receipt of the Termination Notice; provided howeverLessor, if the Commencement Date occurs within such 30 day period, the Termination Notice shall be deemed null and void. If Landlord incurs an Unavoidable Delay in connection with Landlord’s Substantial Completion of the Tenant Improvements due to any delay in the issuance of any permits or in connection with any governmental inspections of the Tenant Improvements, Landlord will send Tenant written notice of such Unavoidable Delay within 2 business days after Landlord obtains actual knowledge of such Unavoidable Delay. If Landlord fails to send such notice to Tenant within such 2 business day period, then the delay will not be treated as an Unavoidable Delay until the day on which Landlord sends such notice to Tenant.within

Commencement Date. Upon The Commencement Date shall be the Effective earlier of (a) the date of Substantial Completion of the Tenant Improvements in the Premises and (b) the date Tenant commences to conduct business in the Premises. Landlord shall notify Tenant in writing at least five (5) Business Days in advance of the estimated Substantial Completion. If Tenant believes that Substantial Completion has not occurred, Tenant shall notify Landlord in writing of its objections within five (5) Business Days after its receipt of the Landlord's notice described in the preceding sentence. Landlord shall have a reasonable time after its receipt of Tenant's notice in which to take such action as may be necessary to achieve Substantial Completion, and shall notify Tenant in writing when such has been completed. The conduct of business by Tenant from the Premises shall establish the Commencement Date as specified in the definition of that term and the establishment of such fact upon the commencement of the conduct of business shall occur even if Tenant disputes whether Substantial Completion has occurred or attempts to condition or qualify Tenant's acceptance of the Premises. Such commencement of the conduct of business shall further establish that the Premises are in good and satisfactory condition upon such commencement and the Commencement Date has occurred. Tenant acknowledges that no representations as to the condition of the Premises have been made by Landlord, unless such are expressly set forth in this Lease. In the event of any dispute as to whether Substantial Completion has occurred, the certificate of Landlord's architect or general contractor or the certificate of occupancy or the equivalent sign-off by the municipal building inspector shall be conclusive, except that any delay in receipt of such certificate or in Substantial Completion which is caused by Tenant or Tenant's Agents or caused by any of Tenants uncompleted work being contained in the same building permit as the Tenant Improvements shall be charged to Tenant in the amount of the daily Base Rent multiplied by the number of days of such delays. If on the Commencement Date, the terms and provisions hereof shall Punch List Work remains to be fully binding on completed, Landlord and Tenant, including Tenant shall agree on such Punch List Work prior to occupancy by Tenant and Landlord will endeavor to promptly complete it after the Commencement Date. In no event shall Tenant's refusal or failure to agree on the nature and extent of Punch List Work or the existence of items of Punch List Work Delay or postpone the occurrence of the Commencement Date. The Term Tenant shall make no changes to the Plans or the work reflected in the Plans without the prior written consent Of Landlord, which consent shall not be unreasonably withheld. If the estimated date of Substantial Completion changes at any time after Landlord has given notice pursuant to this Paragraph, then Landlord shall give at least five (5) Business Days advance notice of the new estimated date of Substantial Completion. If (a) Substantial Completion has not occurred by the date which is twelve (12) weeks after the Tenant Waiver Date (as defined in Section 4.5 of the Tenant Work Letter) (the "Target Date"), this Lease shall commence on the Commencement Date and, unless sooner terminated or extended as hereinafter provided, shall end on the Expiration Date. If Landlord does not tender possession of the Premises to Tenant on or before any specified date, for any reason whatsoever, Landlord shall not be liable for any damage thereby, this Lease remain in full force and effect and shall not be void or voidable therebyvoidable; and (b) such delay is not due to any delays resulting from or arising out of any acts or omissions of Tenant or Tenant's Agents or any Force Majeure event (as defined below; provided, and however, that for purposes of this sentence, the Term term "Force Majeure" shall not commence until Landlord tenders possession of include any labor strikes, unless the Premises to Tenant. No failure to tender possession of same are caused by the Premises to Tenant on or before any specified date shall affect any other obligations acts of Tenant hereunder. Once or Tenant's Agents), then for each day that Substantial Completion is delayed beyond the Commencement Date is determined, Landlord and Tenant shall execute an agreement in the form of Exhibit F hereto stating the Commencement Date and the Expiration Target Date, but the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession of the Premises, Tenant shall be deemed to have done receive one (1) day of Base Rent credit against Base Rent next coming due so when long as Tenant first moves Tenant’s Property and/or any of its personnel into has not yet commenced business operations from the Premises and/or commences construction, except to the extent that and Tenant is authorized not in this Lease or by Landlord’s agreement to do default beyond applicable cure periods under any of the foregoing without being deemed to have accepted possession terms or conditions of the Premisesthis Lease. Notwithstanding the foregoing, if the Commencement Date Substantial Completion has not occurred by August 1, 2002 the date which is sixteen (as such date may be extended by any 16) weeks after the Tenant Delay and/or Unavoidable DelayWaiver Date (the "Outside Date"), and such delay in Substantial Completion is not due in whole or in part to the acts or omissions of Tenant or Tenant's Agents or to any event of Force Majeure (provided, however, that for purposes of this sentence, the term "Force Majeure" shall not include any labor strikes, unless the same are caused by the acts of Tenant or Tenant's Agents), the Tenant shall have the right, as Tenant’s its sole remedy, to terminate this Lease by delivering written notice of such termination (the “Termination Notice”) to Landlord at any time on or after before the tenth (10th) day following the Outside Date. If Tenant timely and properly exercises its right to terminate this Lease pursuant to this Section, then Landlord shall promptly return the Security Deposit and the Prepaid Rent to Tenant. If Tenant fails to deliver such date but prior to notice on or before the Commencement Date with such termination being effective 30 days after Landlord’s receipt of tenth (10th) day following the Termination Notice; provided howeverOutside Date, if the Commencement Date occurs within such 30 day period, the Termination Notice then Tenant shall be deemed null and void. If Landlord incurs an Unavoidable Delay in connection with Landlord’s Substantial Completion of the Tenant Improvements due to any delay in the issuance of any permits or in connection with any governmental inspections of the Tenant Improvements, Landlord will send Tenant written notice of such Unavoidable Delay within 2 business days after Landlord obtains actual knowledge of such Unavoidable Delay. If Landlord fails have waived its right to send such notice to Tenant within such 2 business day period, then the delay will not be treated as an Unavoidable Delay until the day on which Landlord sends such notice to Tenantterminate this Lease under this Section 2.5.

Commencement Date. Upon The “Commencement Date” shall mean the Effective Date, the terms and provisions hereof date that Landlord shall be fully binding on Landlord and Tenant, including prior to the occurrence have delivered possession of the Commencement DateLeased Premises to Tenant in broom clean condition with the Landlord's Work and the Tenant Improvements within the Leased Premises Substantially Completed. The Term of this Lease shall commence on Landlord estimates that the Commencement Date and, unless sooner terminated or extended as hereinafter provided, shall end on the Expiration Date. If Landlord does not tender possession of the Premises to Tenant occur on or before any specified the date that is one hundred five (105) days after the date upon which Landlord receives all necessary permits for the construction of the Tenant Improvements. Such date, for any reason whatsoeveras applicable and subject to extension due to Force Majeure and Tenant Delays, Landlord shall not be liable for any damage thereby, this Lease shall not be void or voidable thereby, and is referred to herein as the Term shall not commence until Landlord tenders possession of the Premises to Tenant. No failure to tender possession of the Premises to Tenant on or before any specified date shall affect any other obligations of Tenant hereunder. Once “Estimated Commencement Date.” At such time as the Commencement Date is determinedshall have been established, Landlord and Tenant the parties shall execute enter into an agreement confirming the same substantially in the form of attached hereto as Exhibit F hereto stating the Commencement Date and the Expiration Date, but the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession of the Premises, Tenant shall be deemed to have done so when Tenant first moves Tenant’s Property and/or any of its personnel into the Premises and/or commences construction, except to the extent that Tenant is authorized in this Lease or by Landlord’s agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. C. Notwithstanding the foregoing, if the Commencement Date has does not occurred by August occur on or before the day that is thirty (30) days following the Estimated Commencement Date, Tenant shall be entitled to one (1) day of abatement of Base Rent for every day in the period beginning on the day following the thirtieth (30th) day following Estimated Commencement Date and ending on the Commencement Date, 2002 (as such date which abatement shall be in addition to any other abatement, free rent periods or other rental concessions to which Tenant may be extended by entitled under this Lease. Subject to Tenant Delays and Force Majeure, if the Commencement Date does not occur on or before the date that is two hundred seventy (270) days following the mutual execution of this Lease (the “Outside Commencement Date”), Tenant shall be entitled to two (2) days of abatement of Base Rent for every day in the period beginning on the day following the Outside Commencement Date and ending on the Commencement Date, which abatement shall be in addition to any other abatement, free rent periods or other rental concessions to which Tenant Delay and/or Unavoidable Delay)may be entitled under this Lease. Notwithstanding the foregoing, Tenant shall have the right, as Tenant’s sole remedy, right to terminate this Lease by delivering written notice of such termination enter the Leased Premises thirty (the “Termination Notice”30) to Landlord at any time on or after such date but days prior to the Commencement Date with such termination being effective 30 days after Landlord’s receipt anticipated date of the Termination Notice; provided however, if the Commencement Date occurs within such 30 day period, the Termination Notice shall be deemed null and void. If Landlord incurs an Unavoidable Delay in connection with Landlord’s Substantial Completion of the Landlord's Work and the Tenant Improvements due for the purposes of installing cabling, wiring, telephone equipment, fixtures, furniture, and equipment to facilitate Tenant's move-in and start-up of business operations, so long as any delay such entry is coordinated with Landlord and Landlord's contractors and such entry and installations do not unreasonably interfere with the work being performed by Landlord's workmen or contractors in the issuance Leased Premises. No such entry shall be deemed Tenant's possession of the Leased Premises, or otherwise affect the occurrence of the Commencement Date. In any such event, the Tenant's workmen and contractors shall take reasonable steps to minimize interference with any work being simultaneously performed by the Landlord's workmen or contractors in the Leased Premises. In the event of any permits or in connection with any governmental inspections of the Tenant Improvementsunreasonable interference prior to Substantial Completion, Landlord will send Tenant shall have the right to provide written notice of such Unavoidable Delay within 2 business days after Landlord obtains actual knowledge of such Unavoidable Delay. If Landlord fails to send such notice to Tenant within of such 2 business day periodinterference, then and Tenant shall cause its workmen and contractors to cease such interference or cease performing such work until Landlord's workmen and contractors have completed their work. Any such early entry into and occupancy of the delay will not Leased Premises by Tenant or any person or entity working for or on behalf of Tenant shall be treated as an Unavoidable Delay until deemed to be subject to all of the day on which Landlord sends such notice terms, covenants, conditions and provisions of the Lease, including, without limitation, providing certificate(s) of insurance required under this Lease, excluding only the covenant to Tenantpay Rent (defined herein).

Commencement Date. Upon the Effective The “Commencement Date, the terms and provisions hereof ” shall be fully binding on the date Landlord and Tenant, including prior to the occurrence of the Commencement Date. The Term of this Lease shall commence on the Commencement Date and, unless sooner terminated or extended as hereinafter provided, shall end on the Expiration Date. If Landlord does not tender delivers possession of the Premises to Tenant on in the condition required hereunder. No Base Rent (as hereinafter defined) or before other rent or charges of any specified datekind or nature, for any reason whatsoever, Landlord other than those charges described in Sections 6.1(b) and (c) shall not be liable for any damage thereby, this Lease shall not be void or voidable thereby, and the Term shall not commence until Landlord tenders possession of payable by Tenant with respect to the Premises to Tenantuntil the Rent Commencement Date. No failure to tender possession of the Premises to Tenant on or before any specified date shall affect any other obligations of Tenant hereunder. Once the The “Rent Commencement Date is determined, Landlord and Tenant shall execute an agreement in the form of Exhibit F hereto stating the Commencement Date and the Expiration Date, but the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession of the Premises, Tenant ” shall be deemed the earlier to have done so when Tenant first moves occur of (i) Tenant’s Property and/or any of its personnel into the Premises and/or commences construction, except to the extent that Tenant is authorized in this Lease or by Landlord’s agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. Notwithstanding the foregoing, if the Commencement Date has not occurred by August 1, 2002 (as such date may be extended by any Tenant Delay and/or Unavoidable Delay), Tenant shall have the right, as Tenant’s sole remedy, to terminate this Lease by delivering written notice of such termination (the “Termination Notice”) to Landlord at any time on or after such date but prior to the Commencement Date with such termination being effective 30 days after Landlord’s receipt of the Termination Notice; provided however, if the Commencement Date occurs within such 30 day period, the Termination Notice shall be deemed null and void. If Landlord incurs an Unavoidable Delay in connection with Landlord’s Substantial Completion of the Tenant Improvements due to any delay in or (ii) six (6) months after the issuance of any permits or in connection with any governmental inspections Commencement Date; provided, however, such six (6) month period shall be extended by one (1) day for each day Tenant’s Substantial Completion of the Tenant ImprovementsImprovements is actually delayed beyond such six (6) month period due to force majeure. As used herein, Landlord will send “Substantial Completion” shall mean the date that the Tenant written notice Improvements are complete, subject only to minor punch-list items that do not interfere with Tenant’s use or occupancy of such Unavoidable Delay within 2 business days after Landlord obtains actual knowledge the Premises, and Tenant has received all governmental permits and approvals required for the legal occupancy of such Unavoidable Delaythe Premises for the use permitted hereunder, including a permanent certificate of occupancy. If Landlord fails to send such deliver possession of the Premises in the required condition within fifteen (15) days after execution of this Lease or Tenant fails to Substantially Complete the Tenant Improvements within six (6) months after Tenant’s execution of this Lease or Tenant is unable to complete the Tenant Improvements at a cost of less than One Million Dollars ($1,000,000), then Tenant may terminate this Lease by written notice to Tenant within such 2 business day period, then the delay will not be treated as an Unavoidable Delay until the day on which Landlord sends such notice to TenantLandlord.

Commencement Date. Upon the Effective Date, the terms and provisions hereof of this Lease shall be fully binding on Landlord and Tenant, including prior to the occurrence of the Commencement Date. The Term of this Lease shall commence on the Commencement Date and, unless sooner terminated or extended as hereinafter provided, shall end on the Expiration Date. If Landlord does not tender possession of the Premises to Tenant on or before any specified date, for any reason whatsoever, Landlord shall not be liable for any damage therebythereby caused, this Lease shall not be void or voidable thereby, and the Term shall not commence until Landlord tenders possession of the Premises to Tenant. Landlord shall be deemed to have tendered possession of the Premises to Tenant upon the giving of notice by Landlord to Tenant stating that the Premises are vacant, in the condition required by this Lease and available for Tenant’s occupancy. No failure to tender possession of the Premises to Tenant on or before any specified date shall affect any other obligations of Tenant hereunder. There shall be no postponement of the Commencement Date (or the Rent Commencement Date) for (i) any delay in the tender of possession to Tenant which results from any Tenant Delay or (ii) any delays by Landlord in the performance of any Punch List Items related to the Initial Installations. Once the Commencement Date is determined, Landlord and Tenant shall execute an agreement in the form of Exhibit F hereto stating the Commencement Date, Rent Commencement Date and the Expiration Date, but the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession of Notwithstanding anything to the Premisescontrary contained in this Lease, Tenant shall be deemed to have done so when Tenant first moves Tenant’s Property and/or any of its personnel into the Premises and/or commences construction, except to the extent and Landlord hereby agree that Tenant is authorized in this Lease or by Landlord’s agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. Notwithstanding the foregoing, if the Commencement Date has shall not have occurred by August 1within nine (9) months following the Effective Date, 2002 (as such date may be extended by any Unavoidable Delays and Tenant Delay and/or Unavoidable Delay)Delays, Tenant shall have the right, as Tenant’s sole remedy, to may terminate this Lease by delivering giving written notice of such termination (the “Termination Notice”) to Landlord at in which case this Lease shall terminate and neither party shall have any time on or after such date but prior further liability to the Commencement Date with such other except (i) those obligations expressly intended to survive the termination being effective 30 days after Landlord’s receipt of this Lease, and (ii) an obligation on the Termination Notice; provided however, if the Commencement Date occurs within such 30 day period, the Termination Notice shall be deemed null and void. If part of Landlord incurs an Unavoidable Delay in connection with Landlord’s Substantial Completion of the Tenant Improvements due to any delay in the issuance of any permits or in connection with any governmental inspections of the Tenant Improvements, Landlord will send Tenant written notice of such Unavoidable Delay within 2 business days after Landlord obtains actual knowledge of such Unavoidable Delay. If Landlord fails to send such notice return to Tenant within such 2 business day period, then the delay will not be treated as an Unavoidable Delay until the day on which Landlord sends such notice to Tenantany amounts deposited by Tenant under this Lease.

Commencement Date. Upon the Effective Date, the terms and provisions hereof shall be fully binding on Landlord and Tenant, including Tenant prior to the occurrence of the Commencement Date. The Term of this Lease shall commence on the Commencement Date and, unless Date. Unless sooner terminated or extended as hereinafter provided, the Term shall end on the Expiration Date. If Landlord does not tender possession of the Premises to Tenant on or before the Delivery Date or any specified other particular date, for any reason whatsoever, Landlord shall not be liable for any damage thereby, this Lease shall not be void or voidable thereby, and the Term shall not commence until the Commencement Date. Notwithstanding the foregoing, the Commencement Date shall be extended by one day for each day delivery of the Premises is delayed past the Delivery Date. In addition, if the Delivery Date does not occur on or before November 1, 2006 then Tenant shall have the right to terminate this Lease effective upon delivery or written notice thereof to Landlord tenders on or before December 1, 2006, provided further, however, that Tenant shall not be entitled to so terminate this Lease if the Delivery Date occurs subsequent to November 1, 2006 but prior to delivery of such notice by Tenant. Landlord shall be deemed to have tendered possession of the Premises to Tenant upon the giving of notice by Landlord to Tenant stating that the Premises are vacant, in the condition required by this Lease and available for Tenant’s occupancy. No Except as otherwise provided herein, no failure to tender possession of the Premises to Tenant on or before any specified date the Delivery Date shall affect any other obligations of Tenant hereunder. Once There shall be no postponement of the Commencement Date is determined, Landlord and Tenant shall execute an agreement in the form of Exhibit F hereto stating the Commencement Date and the Expiration Date, but the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession of the Premises, Tenant shall be deemed to have done so when Tenant first moves Tenant’s Property and/or any of its personnel into the Premises and/or commences construction, except to the extent that Tenant is authorized in this Lease or by Landlord’s agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. Notwithstanding the foregoing, if the Commencement Date has not occurred by August 1, 2002 (as such date may be extended by any Tenant Delay and/or Unavoidable Delay), Tenant shall have the right, as Tenant’s sole remedy, to terminate this Lease by delivering written notice of such termination (the “Termination Notice”) to Landlord at any time on or after such date but prior to the Commencement Date with such termination being effective 30 days after Landlord’s receipt of the Termination Notice; provided however, if the Commencement Date occurs within such 30 day period, the Termination Notice shall be deemed null and void. If Landlord incurs an Unavoidable Delay in connection with Landlord’s Substantial Completion of the Tenant Improvements due to for any delay in the issuance tender of any permits or in connection with any governmental inspections of the Tenant Improvements, Landlord will send Tenant written notice of such Unavoidable Delay within 2 business days after Landlord obtains actual knowledge of such Unavoidable Delay. If Landlord fails to send such notice possession to Tenant within such 2 business day period, then the delay will not be treated as an Unavoidable Delay until the day on which Landlord sends such notice to Tenantresults from any Tenant Delay.

Commencement Date. Upon The "Commencement Date" for each Building shall be ----------------- the Effective earlier of the date that Tenant takes possession of the Premises or ten (10) days after Landlord notifies Tenant that the Building is, or will be by a date certain, ready for Tenant to take possession. The Commencement Date shall constitute the commencement of the Lease Term for all purposes, whether or not Tenant has actually taken possession as evidenced by a Certificate of Occupancy. By mutual agreement of the parties, the Commencement Date may be changed. Within thirty (30) days after the Commencement Date for each Building, Landlord will provide to Tenant a letter acknowledging the Commencement, Rental Commencement (if different) Expiration Dates, and the square footage of the Building which letter will then be attached hereto as Exhibit D. Notwithstanding anything herein to the contrary, the Lease Term shall extend through and end on the last day of the last month of the Term. If Tenant is permitted access to the Premises prior to the Commencement Date, such early entry will be subject to all the terms and provisions hereof shall be fully binding on Landlord and Tenant, including prior to the occurrence of the Commencement Date. The Term of this Lease shall commence on as though the Commencement Date andhad occurred, unless sooner terminated or extended as hereinafter provided, otherwise agreed to in writing by Landlord. The Rental Commencement for each Building shall end on be the Expiration Date. If Landlord does not tender possession of the Premises to Tenant on or before any specified date, for any reason whatsoever, Landlord shall not be liable for any damage thereby, this Lease shall not be void or voidable thereby, and the Term shall not commence until Landlord tenders possession of the Premises to Tenant. No failure to tender possession of the Premises to Tenant on or before any specified date shall affect any other obligations of Tenant hereunder. Once fifteenth (15 th) day after the Commencement Date is determined, Landlord and Tenant shall execute an agreement except as provided in the form of Exhibit F hereto stating the Commencement Date and the Expiration Date, but the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession of the Premises, Tenant shall be deemed to have done so when Tenant first moves Tenant’s Property and/or any of its personnel into the Premises and/or commences construction, except to the extent that Tenant is authorized in this Lease or by Landlord’s agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. Notwithstanding the foregoing, if the Commencement Date has not occurred by August 1, 2002 (as such date may be extended by any Tenant Delay and/or Unavoidable Delay), Tenant shall have the right, as Tenant’s sole remedy, to terminate this Lease by delivering written notice of such termination (the “Termination Notice”) to Landlord at any time on or after such date but prior to the Commencement Date with such termination being effective 30 days after Landlord’s receipt of the Termination Notice; provided however, if the Commencement Date occurs within such 30 day period, the Termination Notice shall be deemed null and void. If Landlord incurs an Unavoidable Delay in connection with Landlord’s Substantial Completion of the Tenant Improvements due to any delay in the issuance of any permits or in connection with any governmental inspections of the Tenant Improvements, Landlord will send Tenant written notice of such Unavoidable Delay within 2 business days after Landlord obtains actual knowledge of such Unavoidable Delay. If Landlord fails to send such notice to Tenant within such 2 business day period, then the delay will not be treated as an Unavoidable Delay until the day on which Landlord sends such notice to TenantAddendum.

Commencement Date. Upon the Effective Date, the terms and provisions hereof shall be fully binding on Landlord and Tenant, including prior to the occurrence of the Commencement Date. The Initial Term of this Lease shall commence on the Commencement Date and, unless sooner terminated or extended as hereinafter provided, shall end on the Expiration Date. If Landlord does not tender possession ----------------- earlier of the following two dates to occur ("Commencement Date"): (i) November 1, 1994; or (ii) one (1) month after the date of substantial completion of the Tenant Improvements and issuance of a certificate of occupancy as to the Premises to (during which one month period Tenant on or before any specified date, may occupy the Premises for any reason whatsoever, Landlord shall not be liable for any damage thereby, the conducting of its business upon otherwise complying with the insurance requirements of this Lease shall not be void without incurring any obligation to pay Basic Rent or voidable thereby, and the Term shall not commence until Landlord tenders possession of the Premises to Tenant. No failure to tender possession of the Premises to additional rent other than any utilities consumed by Tenant on or before any specified date shall affect any other obligations of Tenant hereunder. Once the Commencement Date is determined, Landlord and Tenant shall execute an agreement in the form of Exhibit F hereto stating the Commencement Date and the Expiration Date, but the failure to do so will not affect the determination of during such datesperiod). For purposes of determining whether this Lease, the Tenant has accepted possession of the Premises, Tenant Improvements (or any other construction work hereunder) shall be deemed to have done so when Tenant first moves Tenant’s Property and/or any of its personnel into the Premises and/or commences construction, except to the extent that Tenant is authorized in this Lease or by Landlord’s agreement to do any been substantially completed as of the foregoing without being deemed date on which Tenant's architect or engineer issues a certificate to Landlord and Tenant stating that the Tenant Improvements (or such other construction work) have accepted possession of been completed in accordance with the Premises. Notwithstanding the foregoingFinal Tenant Plans (or such other applicable plans) or, if applicable, the date the Tenant Improvements (or such other construction work) would have been substantially complete but for Tenant Delay. The outside calendar date provided for the Commencement Date has not occurred of the Initial Term (or for the commencement of rental obligations with respect to any additional space pursuant to paragraphs 1(c) or 1(d) hereof), shall be extended for any delays in the construction of the applicable tenant's alterations and improvements caused by August 1, 2002 any Landlord Delay (as such defined in paragraph 46(c)). Upon determination of the actual Commencement Date, the parties shall sign a commencement date may be extended by any Tenant Delay and/or Unavoidable Delay)memorandum in the form attached hereto as Exhibit B, Tenant which shall have become a part of --------- this Lease. However, Tenant's failure to execute the right, as Tenant’s sole remedy, to terminate this Lease by delivering written notice of such termination (commencement date memorandum shall not affect the “Termination Notice”) to Landlord at any time on or after such date but prior to the actual Commencement Date with such termination being effective 30 days after Landlord’s receipt or expiration date of the Termination Notice; provided however, if this Lease. If the Commencement Date occurs within such 30 on the first day period, the Termination Notice shall be deemed null and void. If Landlord incurs an Unavoidable Delay in connection with Landlord’s Substantial Completion of the Tenant Improvements due to any delay in the issuance of any permits or in connection with any governmental inspections of the Tenant Improvements, Landlord will send Tenant written notice of such Unavoidable Delay within 2 business days after Landlord obtains actual knowledge of such Unavoidable Delay. If Landlord fails to send such notice to Tenant within such 2 business day perioda calendar month, then the delay will not Initial Term shall be treated as an Unavoidable Delay until five (5) years. If the Commencement Date occurs on any day on which Landlord sends such notice other than the first day of a calendar month, then the Initial Term shall be the period from the Commencement Date to Tenantthe first day of the first full calendar month thereafter, plus the following sixty (60) full calendar months.

Commencement Date. Upon the Effective Date, the terms and provisions hereof shall be fully binding on Landlord and Tenant, including Tenant prior to the occurrence of the any Commencement Date. The Term of this Lease shall commence in respect of each portion of the Premises on the Commencement Date in respect thereof and, unless sooner terminated or extended as hereinafter provided, shall end on the Expiration Date. If Landlord does not tender possession of any portion of the Premises to Tenant on or before any specified date, for any reason whatsoever, Landlord shall not be liable for any damage thereby, this Lease shall not be void or voidable thereby, and the Term shall not commence in respect of such portion of the Premises until Landlord tenders possession of such portion of the Premises to Tenant. Landlord shall be deemed to have tendered possession of each portion of the Premises to Tenant upon the giving of notice by Landlord to Tenant stating that such portion of the Premises is vacant, in the condition required by this Lease and available for Tenant's occupancy. No failure to tender possession of any portion of the Premises to Tenant on or before any specified date shall affect any other obligations of Tenant hereunder. Once the a Commencement Date is determined, Landlord and Tenant shall execute an agreement in stating such Commencement Date, the form of Exhibit F hereto stating the applicable Rent Commencement Date and the Expiration Date, but the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession of any portion of the Premises, Tenant shall be deemed to have done so when Tenant first moves Tenant’s 's Property and/or any of its personnel into such portion of the Premises and/or commences construction, except to the extent that Tenant is authorized in this Lease or by Landlord’s 's agreement to do any of the foregoing without being deemed to have accepted possession of such portion of the Premises. Notwithstanding The provisions of this SECTION 2.2 are intended to constitute "an express provision to the foregoingcontrary" within the meaning of Section 223-a of the New York Real Property Law or any successor Requirement. Landlord shall deliver vacant possession of the Premises (other than the 2nd Floor Premises, if the Commencement Date has not occurred by August 1, 2002 (as such date may be extended by any Tenant Delay and/or Unavoidable Delay), Tenant shall have 14th Floor Premises and the right, as Tenant’s sole remedy, to terminate 15th Floor Premises) simultaneously with the execution and delivery of this Lease by delivering written notice the parties hereto. Tenant acknowledges that the 2nd Floor Premises are on the date hereof subject to a lease that currently has an expiration date of such termination (July 31, 2002 and that the “Termination Notice”) 14th Floor Premises and the 15th Floor Premises are on the date hereof subject to Landlord at any time on or after such date but prior a lease that is being modified to provide for the Commencement Date with such termination being effective 30 days after Landlord’s receipt surrender of the Termination Notice; provided however, if 14th Floor Premises and the Commencement Date occurs within such 30 day period, the Termination Notice 15th Floor Premises. Landlord shall be deemed null and void. If Landlord incurs an Unavoidable Delay in connection with Landlord’s Substantial Completion deliver vacant possession of the 2nd Floor Premises to Tenant Improvements due to any delay in the issuance of any permits or in connection with any governmental inspections of the Tenant Improvementsas promptly as reasonably possible after July 31, Landlord will send Tenant written notice of such Unavoidable Delay within 2 business days 2002 and after Landlord obtains actual knowledge vacant possession of such Unavoidable Delayspace. If Landlord fails to send such notice shall deliver vacant possession of the 14th Floor Premises and the 15th Floor Premises to Tenant within as promptly as reasonably possible after Landlord obtains vacant possession of such space. Landlord shall endeavor, without liability for failure to do so, to give Tenant not less than 2 business day period, then Business Days prior notice of the delay will not be treated as an Unavoidable Delay until date of delivery of possession of each of the day on which 14th Floor Premises and the 15th Floor Premises by Landlord sends such notice to Tenant.

Commencement Date. Upon The Lease shall commence on the Effective Datedate specified in Section 1(b), or on such earlier or later date as may be specified by written notice delivered by Landlord to Tenant advising Tenant that the terms Premises are ready for possession and provisions hereof shall be fully binding on Landlord and Tenant, including prior to the occurrence of specifying the Commencement Date, which shall not be less than _____ (30 if not completed) days following the date of such notice. If Tenant occupies the Premises before the Commencement Date specified in Section 1(b), then the Commencement Date shall be the date of occupancy. If Landlord acts diligently to make the Premises available to Tenant, neither Landlord nor any agent or employee of Landlord shall be liable for any damage or loss due to Landlord's inability or failure to deliver possession of the Premises to Tenant as provided in this Lease EXCEPT IF SUCH FAILURE RESULTS FROM LANDLORD'S NEGLIGENCE. The Term Termination Date shall be modified upon any change in the Commencement Date so that the length of the Lease term is not changed. If Landlord does not deliver possession of the Premises to Tenant within THIRTY (30) days (60 if not completed) after the date specified in Section 1(b), Tenant may elect to cancel this Lease by giving written notice to Landlord within 30 days after such time period ends. If Tenant gives such notice, the Lease shall be canceled, all prepaid rent and security deposits shall be refunded to tenant, and neither Landlord nor Tenant shall have any further obligations to the other. The first "Lease Year" shall commence on the Commencement Date and, unless sooner terminated or extended as hereinafter provided, and shall end on the Expiration Date. If Landlord does not tender possession date which is twelve (12) months from the end of the Premises to Tenant on or before any specified date, for any reason whatsoever, Landlord shall not be liable for any damage thereby, this Lease shall not be void or voidable thereby, and the Term shall not commence until Landlord tenders possession of the Premises to Tenant. No failure to tender possession of the Premises to Tenant on or before any specified date shall affect any other obligations of Tenant hereunder. Once month in which the Commencement Date is determinedoccurs. Each successive Lease Year during the initial term and any LEASE AGREEMENT (SINGLE TENANT FOR ENTIRE PARCEL - TRIPLE NET) (CONTINUED) extension terms shall be twelve (12) months, Landlord and Tenant shall execute an agreement in commencing on the form of Exhibit F hereto stating first day following the Commencement Date and the Expiration Date, but the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession end of the Premises, Tenant shall be deemed to have done so when Tenant first moves Tenant’s Property and/or any of its personnel into the Premises and/or commences constructionpreceding Lease Year, except to that the extent that Tenant is authorized in this last Lease or by Landlord’s agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. Notwithstanding the foregoing, if the Commencement Date has not occurred by August 1, 2002 (as such date may be extended by any Tenant Delay and/or Unavoidable Delay), Tenant Year shall have the right, as Tenant’s sole remedy, to terminate this Lease by delivering written notice of such termination (the “Termination Notice”) to Landlord at any time end on or after such date but prior to the Commencement Date with such termination being effective 30 days after Landlord’s receipt of the Termination Notice; provided however, if the Commencement Date occurs within such 30 day period, the Termination Notice shall be deemed null and void. If Landlord incurs an Unavoidable Delay in connection with Landlord’s Substantial Completion of the Tenant Improvements due to any delay in the issuance of any permits or in connection with any governmental inspections of the Tenant Improvements, Landlord will send Tenant written notice of such Unavoidable Delay within 2 business days after Landlord obtains actual knowledge of such Unavoidable Delay. If Landlord fails to send such notice to Tenant within such 2 business day period, then the delay will not be treated as an Unavoidable Delay until the day on which Landlord sends such notice to TenantDate.

Commencement Date. Upon the Effective Date, the terms and provisions hereof The Commencement Date shall be fully binding on Landlord and Tenant, including prior to the occurrence date provided in Item 5 of the Commencement DateBasic Lease Provisions. The Term of If this Lease shall commence on is executed before the Commencement Date andPremises become vacant or otherwise available or if any present tenant or occupant of the Premises holds over, unless sooner terminated or extended as hereinafter provided, shall end on the Expiration Date. If and Landlord does cannot tender acquire possession of the Premises in time to Tenant on or before any specified date, for any reason whatsoever, Landlord shall not be liable for any damage therebydeliver them by the Commencement Date, this Lease shall not be void or voidable therebyvoidable, and the Term Landlord shall not commence until be deemed to be in default hereunder, nor shall Landlord tenders possession be liable for any loss or damage directly or indirectly arising out of or resulting from such holdover, provided that in the event that the actual date of commencement is more than sixty (60) days after the date provided in Item 5 of the Premises Basic Lease Provisions (subject to force majeure delays and any delays caused by Tenant. No failure , its agents, employees or contractors), Tenant shall be entitled, as its sole and exclusive remedy, to tender possession of the Premises a rent credit equal to Tenant on or before any specified date shall affect any other obligations of Tenant hereunder. Once one day's Base Rent for each day that the Commencement Date is determineddelayed beyond such sixty (60) day period. In the event that the actual date of commencement is more than one (1) year after the date that this Lease is fully executed (subject to force majeure delays and any delays caused by Tenant, Landlord and Tenant shall execute an agreement in the form of Exhibit F hereto stating the Commencement Date and the Expiration Dateits agents, but the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession of the Premisesemployees or contractors), Tenant shall be deemed to have done so when Tenant first moves Tenant’s Property and/or any of its personnel into the Premises and/or commences construction, except to the extent that Tenant is authorized in this Lease or by Landlord’s agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. Notwithstanding the foregoing, if the Commencement Date has not occurred by August 1, 2002 (as such date may be extended by any Tenant Delay and/or Unavoidable Delay), Tenant shall have the rightentitled, as Tenant’s its sole and exclusive remedy, to terminate this Lease by delivering upon written notice to Landlord given within thirty (30) days after the expiration of such termination one (the “Termination Notice”1) to Landlord at year period (but in any time on or after such date but event prior to the Commencement Date with such termination being effective 30 days after Landlord’s receipt date that Landlord delivers possession of the Termination Notice; provided howeverPremises with Landlord's Work substantially complete). Except as set forth herein, if Tenant agrees to accept possession of the Premises at such time as Landlord is able to tender the same, which date shall thenceforth be deemed the Commencement Date occurs within such 30 day periodDate. After the Commencement Date, the Termination Notice shall be deemed null Tenant shall, upon demand, execute and void. If deliver to Landlord incurs an Unavoidable Delay in connection with Landlord’s Substantial Completion a letter of acceptance of delivery of the Tenant Improvements due to any delay in Premises specifying the issuance of any permits or in connection with any governmental inspections of the Tenant Improvements, Landlord will send Tenant written notice of such Unavoidable Delay within 2 business days after Landlord obtains actual knowledge of such Unavoidable DelayCommencement Date. If Landlord fails to send such notice to Tenant within such 2 business day period, then the delay will not be treated as an Unavoidable Delay until the day on which Landlord sends such notice to Tenant1.4.

Commencement Date. Upon the Effective Date, the terms and provisions hereof shall be fully binding on Landlord and Tenant, including prior to the occurrence of the The "Commencement Date. The Term " of this Lease shall commence on be the Commencement Date and, unless sooner terminated or extended as hereinafter provided, shall end on the Expiration Date. If Landlord does not tender possession later of Substantial Completion of the Premises to Tenant on or before any specified date, for any reason whatsoever, Landlord shall not be liable for any damage thereby, this Lease shall not be void or voidable thereby, and the Term shall not commence until Landlord tenders possession of the Premises to TenantScheduled Commencement Date. No failure to tender possession of the Premises to Tenant on or before any specified date shall affect any other obligations of Tenant hereunder. Once Promptly following the Commencement Date is determinedDate, Landlord and Tenant shall execute an agreement in acknowledging that Tenant has accepted possession, and reciting the form exact Commencement Date and termination date of Exhibit F hereto stating the Lease. Should the actual Commencement Date be later than the Scheduled Commencement Date, the Termination Date shall be extended by the same period as the Commencement Date and is extended past the Expiration Scheduled Commencement Date. The failure by either party, but the failure or both parties, to do so will execute such an agreement shall not affect the determination rights or obligations of such dateseither party hereunder. For purposes Such agreement, when so executed and delivered, shall be deemed to be a part of determining whether this Lease. "Substantial Completion" shall mean that date after which Landlord has completed Landlord's Work at the Premises and a temporary Certificate of Occupancy allowing Tenant to occupy the Premises has accepted possession of been issued by the Premises, Tenant appropriate governmental authority. Substantial Completion shall be deemed to have done so when Tenant first moves Tenant’s Property and/or any of its personnel into occurred notwithstanding a requirement to complete "punch list" or similar corrective work and notwithstanding that tenant special improvements, if any, may not be completed or operable. If the Premises and/or commences construction, except premises are not delivered to the extent that Tenant is authorized in this Lease or Substantial Completion by Landlord’s agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. Notwithstanding the foregoing, if the Commencement Date has not occurred by August September 1, 2002 (as such date may be extended by 1999, for any reason other than Tenant Delay and/or Unavoidable Delay)delays, Tenant shall have the right, as Tenant’s sole remedy, right to terminate this Lease by delivering written notice of such termination (the “Termination Notice”) to Landlord at any time on or after such date but prior to extend the Commencement Date with such termination being effective 30 days after Landlord’s receipt Date, at the option of Tenant, for up to six (6), thirty (30) day periods until the Termination Notice; provided howevertemporary Certificate of Occupancy is obtained allowing the Tenant to occupy the Premises and open for business. After that period of time, if the Commencement Date occurs within such 30 day period, temporary Certificate of Occupancy is still not obtained by the Termination Notice shall be deemed null and void. If Landlord incurs an Unavoidable Delay in connection with Landlord’s Substantial Completion of the Tenant Improvements due to any delay in the issuance of any permits or in connection with any governmental inspections of the Tenant Improvements, Landlord will send Tenant written notice of such Unavoidable Delay within 2 business days after Landlord obtains actual knowledge of such Unavoidable Delay. If Landlord fails to send such notice to Tenant within such 2 business day period, then the delay will not be treated as an Unavoidable Delay until the day on which Landlord sends such notice to TenantTenant may terminate this Lease.

Commencement Date. Upon 2.4.1 Landlord shall notify Tenant in writing of Substantial Completion. If Tenant believes that Substantial Completion has not occurred, Tenant shall notify Landlord in writing of its objections within five (5) Business Days after its receipt of the Effective Landlord's notice described in the preceding sentence. Landlord shall have a reasonable time after its receipt of Tenant's notice in which to take such action as may be necessary to achieve Substantial Completion, and shall notify Tenant in writing when such has been achieved. Taking of possession by Tenant for the purpose of doing business shall establish the Commencement Date as specified in the definition of that term even if Tenant disputes whether Substantial Completion has occurred or attempts to condition or qualify the taking of possession. Taking of possession for the purpose of doing business shall further establish that the Premises are in good and satisfactory condition on the Commencement Date and any alleged defects or deficiencies are waived by the Tenant except for any latent defects not reasonably discoverable by Tenant and incomplete Punch List Work. Tenant acknowledges that no representations as to the condition of the Premises have been made by Landlord, unless such are expressly set forth in this Lease. In the event of any dispute as to whether Substantial Completion has occurred, the receipt of a temporary certificate of occupancy shall be conclusive unless a temporary certificate of occupancy is unavailable or delayed due to causes that are Tenant's responsibility shall be conclusive. If the parties anticipate that Punch List Work will remain to be completed on the Commencement Date, the terms and provisions hereof shall be fully binding on Landlord and Tenant, including Tenant shall agree on such Punch List Work prior to occupancy by Tenant and Landlord will promptly complete it after the Commencement Date; provided that at Tenant's request Landlord and Tenant will prepare a supplemental list of Punch List Work within thirty (30) days after the Commencement Date to address Punch List Work that the parties inadvertently overlooked prior to the Commencement Date. Damage caused by Tenant's Agents will not be deemed Punch List Work. Landlord will promptly complete such supplemental Punch List Work after Landlord and Tenant agree upon the list. In no event shall Tenant's refusal or failure to agree on the nature and extent of Punch List Work or the existence of items of Punch List Work delay or postpone the occurrence of the Commencement Date. The Term of this Lease shall commence on the Commencement Date and, unless sooner terminated or extended as hereinafter provided, shall end on the Expiration Date. If Landlord does not tender possession of the Premises to Tenant on or before any specified date, for any reason whatsoever, Landlord shall not be liable for any damage thereby, this Lease shall not be void or voidable thereby, and the Term shall not commence until Landlord tenders possession of the Premises to Tenant. No failure to tender possession of the Premises to Tenant on or before any specified date shall affect any other obligations of Tenant hereunder. Once the Commencement Date is determined, Landlord and Tenant shall execute an agreement make no changes to the Plans and Specifications or the work reflected in the form Plans and Specifications without the consent of Exhibit F hereto stating the Commencement Date and the Expiration Date, but the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession of the Premises, Tenant shall be deemed to have done so when Tenant first moves Tenant’s Property and/or any of its personnel into the Premises and/or commences construction, except to the extent that Tenant is authorized in this Lease or by Landlord’s agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. Notwithstanding the foregoing, if the Commencement Date has not occurred by August 1, 2002 (as such date may be extended by any Tenant Delay and/or Unavoidable Delay), Tenant shall have the right, as Tenant’s sole remedy, to terminate this Lease by delivering written notice of such termination (the “Termination Notice”) to Landlord at any time on or after such date but prior to the Commencement Date with such termination being effective 30 days after Landlord’s receipt of the Termination Notice; provided however, if the Commencement Date occurs within such 30 day period, the Termination Notice shall be deemed null and void. If Landlord incurs an Unavoidable Delay in connection with Landlord’s Substantial Completion of the Tenant Improvements due to any delay in the issuance of any permits or in connection with any governmental inspections of the Tenant Improvements, Landlord will send Tenant written notice of such Unavoidable Delay within 2 business days after Landlord obtains actual knowledge of such Unavoidable Delay. If Landlord fails to send such notice to Tenant within such 2 business day period, then the delay will not be treated as an Unavoidable Delay until the day on which Landlord sends such notice to Tenant.

Commencement Date. Upon The Lease shall commence on the Effective Datedate specified in Section 1(b), or on such earlier or later date as may be specified by written notice delivered by Landlord to Tenant advising Tenant that the terms Premises are ready for possession and provisions hereof shall be fully binding on Landlord and Tenant, including prior to the occurrence of specifying the Commencement Date, which shall not be less than ten (10) days following the date of such notice. If Tenant occupies the Premises before the Commencement Date specified in Section 1(b), then the Commencement Date shall be the date of occupancy. If Landlord acts diligently to make the Premises available to Tenant, neither Landlord nor any agent or employee of Landlord shall be liable for any damage or loss due to Landlord's inability or failure to deliver possession of the Premises to Tenant as provided in this Lease. The Term Termination Date shall be modified upon any change in the Commencement Date so that the length of the Lease term is not changed. If Landlord does not deliver possession of the Premises to Tenant within ninety days (90) after the date specified in Section 1(b), Tenant may elect to cancel this Lease by giving written notice to Landlord within 10 days after such time period ends. If Tenant gives such notice, the Lease shall be cancelled, all prepaid rent and security deposits shall be refunded to tenant, and neither Landlord nor Tenant shall have any further obligations to the other. The first "Lease Year" shall commence on the Commencement Date and, unless sooner terminated or extended as hereinafter provided, and shall end on the Expiration Date. If Landlord does not tender possession date which is twelve (12) months from the end of the Premises to Tenant on or before any specified date, for any reason whatsoever, Landlord shall not be liable for any damage thereby, this Lease shall not be void or voidable thereby, and the Term shall not commence until Landlord tenders possession of the Premises to Tenant. No failure to tender possession of the Premises to Tenant on or before any specified date shall affect any other obligations of Tenant hereunder. Once month in which the Commencement Date is determinedoccurs. Each successive Lease Year during the initial term and any extension terms shall be twelve (12) months, Landlord and Tenant shall execute an agreement in commencing on the form of Exhibit F hereto stating first day following the Commencement Date and the Expiration Date, but the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession end of the Premises, Tenant shall be deemed to have done so when Tenant first moves Tenant’s Property and/or any of its personnel into the Premises and/or commences constructionpreceding Lease Year, except to that the extent that Tenant is authorized in this last Lease or by Landlord’s agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. Notwithstanding the foregoing, if the Commencement Date has not occurred by August 1, 2002 (as such date may be extended by any Tenant Delay and/or Unavoidable Delay), Tenant Year shall have the right, as Tenant’s sole remedy, to terminate this Lease by delivering written notice of such termination (the “Termination Notice”) to Landlord at any time end on or after such date but prior to the Commencement Date with such termination being effective 30 days after Landlord’s receipt of the Termination Notice; provided however, if the Commencement Date occurs within such 30 day period, the Termination Notice shall be deemed null and void. If Landlord incurs an Unavoidable Delay in connection with Landlord’s Substantial Completion of the Tenant Improvements due to any delay in the issuance of any permits or in connection with any governmental inspections of the Tenant Improvements, Landlord will send Tenant written notice of such Unavoidable Delay within 2 business days after Landlord obtains actual knowledge of such Unavoidable Delay. If Landlord fails to send such notice to Tenant within such 2 business day period, then the delay will not be treated as an Unavoidable Delay until the day on which Landlord sends such notice to TenantDate.

Commencement Date. Upon the Effective Date, the The terms and provisions hereof of this Lease shall be fully binding effective as of the date of this Lease. The term of this Lease (the "Term") shall be for the duration set forth in Section 1.3 hereof and shall commence on the date set forth in Section 1.3.2 of this Lease (the "Commencement Date") and shall terminate on the date set forth in Section 1.3.3 of this Lease, unless sooner terminated pursuant to the terms of this Lease. For purposes of this Lease, the term "Lease Year" shall mean each consecutive twelve (12) month period during the Term. Notwithstanding the definition of the Commencement Date for the Premises set forth in Section 1.3.2, above, Tenant shall have the right to commence business operations from any portion of the Premises (such space, the "Pre- Occupancy Space") during the "Pre-Occupancy Period," as that term is defined below, provided that (i) Tenant shall give Landlord at least ten (10) days prior notice of any such use of the Premises, and Tenant, including (ii) a certificate of occupancy or its equivalent permitting occupancy shall have been issued by the appropriate governmental authorities for the Pre- Occupancy Space. If Tenant does commence business operations from any Pre- Occupancy Space prior to the occurrence of the Lease Commencement Date. The Term , all of the terms and conditions of this Lease shall commence on the Commencement Date and, unless sooner terminated or extended as hereinafter provided, shall end on the Expiration Date. If Landlord does not tender possession apply to that portion of the Premises containing the Pre-Occupancy Space, except that Tenant shall have no obligation to pay Basic Rent or Tenant's Share of Expenses during the period commencing on the date Tenant on or before any specified date, for any reason whatsoever, Landlord shall not be liable for any damage thereby, this commences business operations from the applicable Pre-Occupancy Space and continuing until the Lease shall not be void or voidable thereby, and the Term shall not commence until Landlord tenders possession of the Premises to Tenant. No failure to tender possession of the Premises to Tenant on or before any specified date shall affect any other obligations of Tenant hereunder. Once the Commencement Date is determined, Landlord and Tenant shall execute an agreement in (the form of Exhibit F hereto stating the Commencement Date and the Expiration Date, but the failure to do so will not affect the determination of such dates"Pre-Occupancy Period"). For purposes of determining whether Tenant has accepted Following Tenant's possession of the Premises, Tenant shall be deemed to have done so when Tenant first moves Tenant’s Property and/or any of its personnel into the Premises and/or commences construction, except to the extent that Tenant is authorized in this Lease or by Landlord’s agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. Notwithstanding the foregoing, if confirm the Commencement Date has not occurred by August 1, 2002 (as such date may be extended by any upon Landlord's delivery to Tenant Delay and/or Unavoidable Delay), of an instrument in the form set forth on Exhibit B attached hereto. Tenant shall have the right, as Tenant’s sole remedy, to terminate this Lease by delivering written notice of execute and return such termination instrument within ten (the “Termination Notice”10) to Landlord at any time on or after such date but prior to the Commencement Date with such termination being effective 30 days after written request from Landlord’s receipt . This Lease shall be a binding contractual agreement effective upon the date of execution hereof by both Landlord and Tenant, notwithstanding the later commencement of the Termination Notice; provided however, if the Commencement Date occurs within such 30 day period, the Termination Notice shall be deemed null and voidTerm. If Landlord incurs an Unavoidable Delay in connection with Landlord’s Substantial Completion of the Tenant Improvements due to any delay in the issuance of any permits or in connection with any governmental inspections of the Tenant Improvements, Landlord will send Tenant written notice of such Unavoidable Delay within 2 business days after Landlord obtains actual knowledge of such Unavoidable Delay. If Landlord fails to send such notice to Tenant within such 2 business day period, then the delay will not be treated as an Unavoidable Delay until the day on which Landlord sends such notice to Tenant4.

Commencement Date. Upon Landlord shall prepare the Effective Premises for Tenant's occupancy in accordance with the Plans and Specifications. Landlord's preparation of the Premises ("Landlord's Work") shall be performed by Landlord's contractors and the Tenant Improvement Allowance shall be applied against the cost thereof as provided in paragraph 2.5 hereof. Landlord shall notify Tenant in writing of Substantial Completion. If Tenant believes that Substantial Completion has not occurred, Tenant shall notify Landlord in writing of its objections within ten (10) Business Days after its receipt of the Landlord's notice described in the preceding sentence. Landlord shall have a reasonable time after its receipt of Tenant's notice in which to take such action as may be necessary to achieve Substantial Completion, and shall notify Tenant in writing when such has been completed. Taking of possession by Tenant of the whole or any part of the Premises shall establish the Commencement Date as specified in the definition of that term and the establishment of such fact upon the taking of possession shall occur even if Tenant disputes whether Substantial Completion has occurred or attempts to condition or qualify the taking of possession. Such taking of possession shall further establish that the Premises are in good and satisfactory condition when possession was so taken and the Commencement Date has occurred. Tenant acknowledges that no representations as to the condition of the Premises have been made by Landlord, unless such are expressly set forth in this Lease. In the event of any dispute as to whether Substantial Completion has occurred, the certificate of Landlord's architect or general contractor shall be conclusive. If on the Commencement Date, the terms and provisions hereof shall Punch List Work remains to be fully binding on completed, Landlord and Tenant, including Tenant shall agree on such Punch List Work prior to occupancy by Tenant and Landlord will promptly complete it after the Commencement Date. In no event shall Tenant's refusal or failure to agree on the nature and extent of Punch List Work or the existence of items of Punch List Work delay or postpone the occurrence of the Commencement Date. The Term of this Lease shall commence on the Commencement Date and, unless sooner terminated or extended as hereinafter provided, shall end on the Expiration Date. If Landlord does not tender possession of the Premises to Tenant on or before any specified date, for any reason whatsoever, Landlord shall not be liable for any damage thereby, this Lease shall not be void or voidable thereby, and the Term shall not commence until Landlord tenders possession of the Premises to Tenant. No failure to tender possession of the Premises to Tenant on or before any specified date shall affect any other obligations of Tenant hereunder. Once the Commencement Date is determined, Landlord and Tenant shall execute an agreement make no changes to the Plans and Specifications or the work reflected in the form Plans and Specifications without the written consent of Exhibit F hereto stating the Commencement Date and the Expiration Date, but the failure to do so will not affect the determination of such datesLandlord. For purposes of determining whether Tenant has accepted possession of the Premises, Tenant shall be deemed to have done so when Tenant first moves Tenant’s Property and/or any of its personnel into the Premises and/or commences construction, except Notwithstanding anything to the extent that Tenant is authorized in this Lease or by Landlord’s agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. Notwithstanding the foregoingcontrary herein contained, if the Commencement Date has shall not have occurred by August 1, 2002 the date (as such "Last Construction Completion Date") which IS [SEVEN (7)] months after the date may be extended of this Lease for any reason other than delays caused by any Tenant Delay and/or Unavoidable Delayor delays attributable to force majeure (see paragraph 6.8), then Tenant shall have the right, as Tenant’s sole remedy, right to terminate this Lease Lease, exercisable by delivering giving Landlord a written thirty (30) day termination notice of such termination (the “Termination Notice”) to Landlord at any time on or after such the Last Construction Completion Date and on or before the date but prior to which is fourteen (14) calendar days after the Last Construction Completion Date, time being of the essence in respect of Tenant's giving said notice. If the Commencement Date with such termination being effective 30 days after shall occur on or before the thirtieth (30th) day following Landlord’s 's receipt of the Termination Notice; provided howeversuch notice, if the Commencement Date occurs within such 30 day period, the Termination Notice Tenant's termination notice shall be deemed null and voidvoid and of no further force or effect. If Landlord incurs an Unavoidable Delay Notwithstanding anything to the contrary in connection with Landlord’s the foregoing contained, there shall be no postponement of the Commencement Date if delay in Substantial Completion of the Tenant Improvements shall be due to any delay change required by Tenant in the issuance of any permits or in connection with any governmental inspections of the Tenant Improvements, Landlord will send Tenant written notice of such Unavoidable Delay within 2 business days after Landlord obtains actual knowledge of such Unavoidable Delay. If Landlord fails to send such notice to Tenant within such 2 business day period, then the delay will not be treated as an Unavoidable Delay until the day on which Landlord sends such notice to TenantPlans and Specifications.

Commencement Date. Upon the Effective DateIf this Lease is not terminated pursuant to Section 2.1 above or Section 2.4 below, the terms and provisions hereof “Commencement Date” shall be fully binding occur on Landlord and Tenant, including prior to the occurrence earlier of: (i) the date of Substantial Completion of the Commencement DateTenant Improvements (as such terms are defined in Exhibit B attached hereto), or (ii) the date which is three (3) months following the Delivery Date as determined as provided in Section 2.3 below, subject to any Landlord Delay, Force Majeure Delay not to exceed ninety (90) days and Tenant Plan Delay (not to exceed ninety (90) days (as such terms are defined in Exhibit B). The Term of this Lease Tenant shall commence on use Landlord’s Contractor (as defined below) for the Commencement Date andTenant Improvements, unless sooner terminated or extended as hereinafter providedsubject to (i) Tenant’s approval, shall end on the Expiration Date. If Landlord does not tender possession of the Premises to Tenant on or before any specified date, for any reason whatsoever, Landlord which shall not be liable for any damage therebyunreasonably withheld or delayed if the bids submitted are competitive, this Lease of the bids submitted by Landlord’s Contractor and its subcontractors, and (ii) Tenant’s right to audit Landlord’s Contractor’s books and records with respect to the Tenant Improvements as set forth in Exhibit B attached hereto. Within ten (10) business days after written request by Landlord (which request shall not be void or voidable thereby, and the Term shall not commence made until Landlord tenders possession Substantial Completion of the Premises to Tenant. No failure to tender possession of Tenant Improvements has occurred in all the Premises to Tenant on or before any specified date shall affect any other obligations of Tenant hereunder. Once the Commencement Date is determinedBuildings), Landlord and Tenant shall execute an agreement a written amendment to this Lease, substantially in the form of Exhibit F hereto stating D hereto, wherein the parties shall specify the actual Commencement Date as calculated as set forth above (which such date shall be the “Commencement Date” for all purposes of this Lease), the Expiration Date and the Expiration Date, but date on which Tenant is to commence paying Rent. The word “Term” whenever used herein refers to the failure to do so will not affect the determination initial term of such datesthis Lease and any valid extension(s) or renewal(s) thereof. For avoidance of doubt, Tenant’s occupancy of one or more Buildings for purposes of determining whether Tenant has accepted possession of the Premises, Tenant shall be deemed to have done so when Tenant first moves Tenant’s Property and/or any of its personnel into the Premises and/or commences construction, except to the extent that Tenant is authorized in this Lease or by Landlord’s agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. Notwithstanding the foregoing, if the Commencement Date has not occurred by August 1, 2002 (as such date may be extended by any Tenant Delay and/or Unavoidable Delay), Tenant shall have the right, as Tenant’s sole remedy, to terminate this Lease by delivering written notice of such termination (the “Termination Notice”) to Landlord at any time on or after such date but commencing business operations prior to the Commencement Date with such termination being effective 30 days after Landlord’s receipt of the Termination Notice; provided however, if the Commencement Date occurs within such 30 day period, the Termination Notice shall be deemed null and void. If Landlord incurs an Unavoidable Delay in connection with Landlord’s Substantial Completion of the Tenant Improvements due in all of the Buildings shall not be deemed to any delay modify the Commencement Date or the Expiration Date of this Lease, but Tenant’s obligation to pay Rent for such Building or Buildings shall be as set forth in the issuance Basic Lease Information and Tenant shall be subject to all the other terms and conditions of any permits or in connection this Lease with any governmental inspections of respect to the Tenant Improvements, Landlord will send Tenant written notice of such Unavoidable Delay within 2 particular occupancy and business days after Landlord obtains actual knowledge of such Unavoidable Delay. If Landlord fails to send such notice to Tenant within such 2 business day period, then the delay will not be treated as an Unavoidable Delay until the day on which Landlord sends such notice to Tenantoperations.

Commencement Date. Upon the Effective Date, the terms and provisions hereof shall be fully binding on Landlord and Tenant, including Tenant prior to the occurrence of the Commencement Date. The Term of this Lease shall commence on the Commencement Date and, unless sooner terminated or extended as hereinafter provided, shall end on the Expiration Date. If Landlord does not tender possession of the Premises to Tenant on or before any specified date, for any reason whatsoever, Landlord shall not be liable for any damage thereby, this Lease shall not be void or voidable thereby, and the Term shall not commence until Landlord tenders possession of the Premises to Tenant. Landlord shall be deemed to have tendered possession of the Premises to Tenant upon the giving of notice by Landlord to Tenant stating that the Premises are vacant, in the condition required by this Lease and available for Tenant’s occupancy. Landlord shall provide Tenant with at least 10 days’ prior notice of the date Landlord reasonably anticipates will be the Commencement Date. No failure to tender possession of the Premises to Tenant on or before any specified date shall affect any other obligations of Tenant hereunder. There shall be no postponement of the Commencement Date (or the Rent Commencement Date) for (i) any delay in the delivery of possession of the Premises to Tenant which results from any Tenant Delay or (ii) any delay by Landlord in the performance of any Punch List Items relating to Landlord’s Work. Once the Commencement Date is determined, Landlord and Tenant shall execute an agreement in the form of Exhibit F hereto stating the Commencement Date, Rent Commencement Date and the Expiration Date, but the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession of the Premises, Tenant shall be deemed to have done so when Tenant first moves Tenant’s Property and/or any of its personnel into the Premises and/or commences constructionconstruction of the Initial Installations, except to the extent that Tenant is authorized in this Lease or by Landlord’s agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. Notwithstanding the foregoing, if the Commencement Date has not occurred by August 1, 2002 (as such date may be extended by any Tenant Delay and/or Unavoidable Delay), Tenant shall have the right, as Tenant’s sole remedy, The provisions of this Section 2.2 are intended to terminate this Lease by delivering written notice of such termination (the constitute “Termination Notice”) to Landlord at any time on or after such date but prior an express provision to the Commencement Date with such termination being effective 30 days after Landlord’s receipt contrary” within the meaning of Section 223-a of the Termination Notice; provided however, if the Commencement Date occurs within such 30 day period, the Termination Notice shall be deemed null and void. If Landlord incurs an Unavoidable Delay in connection with Landlord’s Substantial Completion of the Tenant Improvements due to New York Real Property Law or any delay in the issuance of any permits or in connection with any governmental inspections of the Tenant Improvements, Landlord will send Tenant written notice of such Unavoidable Delay within 2 business days after Landlord obtains actual knowledge of such Unavoidable Delay. If Landlord fails to send such notice to Tenant within such 2 business day period, then the delay will not be treated as an Unavoidable Delay until the day on which Landlord sends such notice to Tenantsuccessor Requirement.

Commencement Date. Upon the Effective DateExcept as otherwise set forth herein, the terms and provisions hereof “Commencement Date” shall be fully binding occur on Landlord and TenantNovember 1, including prior 2010. Prior to the occurrence of the Commencement Date. The Term of this Lease , Seller shall commence on the Commencement Date and, unless sooner terminated or extended as hereinafter have no obligation to sell and deliver Product and Buyer shall have no obligation to purchase and accept Product: provided, shall end on however, the Expiration Date. If Landlord does not tender possession of the Premises Parties may mutually agree to Tenant on or before any specified date, for any reason whatsoever, Landlord shall not be liable for any damage thereby, this Lease shall not be void or voidable thereby, sell and the Term shall not commence until Landlord tenders possession of the Premises to Tenant. No failure to tender possession of the Premises to Tenant on or before any specified date shall affect any other obligations of Tenant hereunder. Once the Commencement Date is determined, Landlord and Tenant shall execute an agreement in the form of Exhibit F hereto stating the Commencement Date and the Expiration Date, but the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession of the Premises, Tenant shall be deemed to have done so when Tenant first moves Tenant’s Property and/or any of its personnel into the Premises and/or commences construction, except to the extent that Tenant is authorized in this Lease or by Landlord’s agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. Notwithstanding the foregoing, if the Commencement Date has not occurred by August 1, 2002 (as such date may be extended by any Tenant Delay and/or Unavoidable Delay), Tenant shall have the right, as Tenant’s sole remedy, to terminate this Lease by delivering written notice of such termination (the “Termination Notice”) to Landlord at any time on or after such date but purchase Product prior to the Commencement Date with such termination being effective 30 days after Landlordon the terms and conditions of this Contract but in no event will Buyer have an obligation to purchase the minimum Monthly quantity requirement of Product (set forth below). Seller shall keep Buyer informed of Seller’s receipt of projected completion date for the Termination Notice; propylene production facility. Prior to Commencement Date. Seller shall have the option on up to two occasions to delay the Commencement Date: provided however, if Seller shall notify Buyer of any such delay by providing at least ninety (90) days prior written notice to Buyer. In no event shall the Commencement Date occurs within such 30 day periodbe delayed beyond January 1, 2011 except for the Termination Notice shall be deemed null and voidoccurrence a Force Majeure Event as provided below. If Landlord incurs an Unavoidable Delay in connection with Landlord’s Substantial Completion of Seller sends a notice extending the Tenant Improvements due to any delay in the issuance of any permits or in connection with any governmental inspections of the Tenant Improvements, Landlord will send Tenant written notice of such Unavoidable Delay within 2 business days after Landlord obtains actual knowledge of such Unavoidable Delay. If Landlord fails to send such notice to Tenant within such 2 business day periodCommencement Date, then the delay will not new date set forth in such notice shall for all purpose be treated as an Unavoidable Delay the “Commencement Date”. The Commencement Date shall be subject to extension due to a Force Majeure Event. In the event the Seller is unable to commence deliveries of Product to Buyer under this Contract on the Commencement Date, then until the day on completion of the construction of Seller’s propylene plant and Seller’s commencement of deliveries required hereunder, Buyer’s sole remedy shall be the right to procure replacement quantities of Product, up to a Monthly quantity of 21.750.000 pounds, and charge Seller with the additional costs paid by Buyer for such replacement quantities in excess of the costs that Buyer would have been obligated to pay Seller hereunder. As to any replacement quantities purchased by Buyer, Buyer shall use commercially reasonable efforts to minimize the purchase price of such replacement Product. If the completion of the construction of Seller’s propylene plant and Seller’s commencement of deliveries required hereunder has not occurred by March 31, 2011, and such delay has not been caused by Force Majeure Event(s), then Buyer shall have the right to terminate this Contract by providing Seller with thirty (30) days prior written notice, which Landlord sends such notice must be provided, if at all, prior to Tenantthe completion of the construction of Seller’s propylene plant and Seller’s commencement of deliveries required hereunder.