Common use of Commencement Date Clause in Contracts

Commencement Date. The “Commencement Date” for each of Premises A, Premises B and Premises C shall be the Scheduled Commencement Dates set forth in Section 1.1, Notwithstanding the foregoing, if Tenant’s personnel shall occupy all or any part of the Premises for the conduct of its business prior to the applicable Commencement Date as determined pursuant to the preceding sentence, such date of occupancy shall, for all purposes of this Lease, be the Commencement Date for Premises A, Premises B or Premises C as, applicable. Promptly upon the occurrence of the Premises B/C Commencement Date, landlord and Tenant shall execute and deliver a letter designating the commencement dates for Premises A, Premises B and Premises C substantially in the form attached hereto as Exhibit C, but the failure by either party to execute and deliver such a letter shall have no effect on the commencement dates, as hereinabove determined. Notwithstanding anything to the contrary contained herein, in the event Tenant is unable to obtain a building permit on or before July 15, 2006 for the Work (as defined in Exhibit E attached hereto) to be performed in Premises B and/or Premises C, and Tenant filed for such permit immediately following Landlord’s approval of the Working Drawings for such Work and exercised all reasonable and diligent efforts to obtain such permit, and as a result thereof the Work to be performed in Premises B and/or Premises C is not substantially completed prior to the Premises B/C Commencement Date specified in Section 1.1 above, then the Premises B/C Commencement Date shall be extended to the date that is the earliest of (i) the date on which such Work is substantially completed, (ii) the Premises B/C Commencement Date specified in Section 1.1 above plus the number of days in the period commencing on July 16, 2006 and ending on the date on which Tenant receives the building permit for such Work, and (iii) September 1, 2006.

Commencement Date. The “Commencement Date” for each of Premises A, Premises B and Premises C shall be the Scheduled Commencement Dates set forth in Section 1.1, Notwithstanding the foregoing, if Tenant’s personnel shall occupy all or any part of date the Premises Aggregate Improvements for the conduct of 10th Floor Space (as described in Paragraph 6 below) are substantially completed by Tenant or the date Tenant receives a TCO or its business prior to equivalent for the applicable Commencement Date as determined pursuant to the preceding sentence10th Floor Space, such date of occupancy shall, for all purposes of this Lease, be the Commencement Date for Premises A, Premises B or Premises C as, applicable. Promptly upon the occurrence 10th Floor space shall be the same as the Commencement Date for the remainder of the Premises B/C (excluding the Additional Space) and such Commencement DateDate shall continue to be determined pursuant to Section 1 (p) of the Lease without any reference or regard to the 10th Floor Space or the status of the Aggregate Improvements therefor, landlord it being acknowledged by Tenant that: (a) the 10th Floor Space and the remainder of the Premises (excluding the Additional Space) have previously been delivered by Landlord to Tenant shall execute and deliver a letter designating the commencement dates for Premises A, Premises B and Premises C substantially in the form condition described on Attachment 1 to the Work Letter Agreement attached hereto to the Lease as Exhibit C; (b) the 10th Floor Space is not part of any Package described in Section 1(p) and thus will not delay or extend the Commencement Date or the Final Period described therein, but notwithstanding any subsequently occurring Force Majeure Delays or Landlord Delays which actually delay substantial completion of the failure by either party Aggregate Improvements for the 10th Floor Space; and (c) Package 4 was deemed delivered pursuant to execute Section 1(p) of the Lease on March 30, 1990, and deliver thus the Commencement Date for the Premises and 10th Floor Space is scheduled to occur on August 27, 1990, which is 150 days after such a letter shall have no effect on the commencement dates, as hereinabove determineddeemed delivery date. Notwithstanding anything to the contrary contained hereinsubclause (b) above, in the event Landlord agrees that for each day that Tenant is unable to obtain a building permit on or before July 15, 2006 actually delayed beyond the Commencement Date in substantially completing the Aggregate Improvements for the Work (as defined in Exhibit E attached hereto) to be performed in Premises B and/or Premises C, and Tenant filed for such permit immediately following Landlord’s approval of the Working Drawings for such Work and exercised all reasonable and diligent efforts to obtain such permit, and 10th Floor Space as a result thereof of Force Majeure Delays occurring after the Work date hereof, and/or as a result of Landlord Delays occurring after the date hereof for which Tenant has provided Landlord requisite notice and opportunity to cure as set forth on Pages 15 and 16 of Section 1(p), Tenant shall be performed entitled to a corresponding abatement of one (1) day’s Base Rent otherwise payable for the 10th Floor Space. Such abatement shall be in Premises B and/or Premises C is not substantially completed prior addition to the Premises B/C Commencement Date specified 6-month abatement provided in Section 1.1 above, then the Premises B/C Commencement Date shall be extended to the date that is the earliest of (iParagraph 4(a) the date on which such Work is substantially completed, (ii) the Premises B/C Commencement Date specified in Section 1.1 above plus the number of days in the period commencing on July 16, 2006 and ending on the date on which Tenant receives the building permit for such Work, and (iii) September 1, 2006below.

Commencement Date. The “date of commencement for the Additional Space (the "Additional Space Commencement Date” for each of Premises A, Premises B and Premises C ") shall be the Scheduled date of substantial completion of Landlord's Work, as hereinafter defined, in the Additional Space, which is projected to be three (3) months from Landlord's receipt of final approved Working Drawings, as hereinafter defined, or such earlier date as Tenant takes possession or commences use of the Additional Space for any purpose other than construction. The Additional Space Commencement Dates set forth Date and the commencement of rental payment hereunder shall not be extended or delayed for any period of time that substantial completion of Landlord's Work and the delivery of possession of the Additional Space is delayed beyond that date which is three (3) months from Landlord's receipt of final approved Working Drawings, as hereinafter defined, by any reason of: (i) special work, changes, alterations or additions required or made by Tenant in Section 1.1the Additional Space; (ii) delays and/or default on the part of Tenant in submitting on a timely basis any plans and/or specifications, Notwithstanding supplying information, approving plans, specifications or estimates, or giving authorizations required hereunder or otherwise for the foregoingcompletion of Landlord's Work; and/or (iii) delays otherwise caused in whole or in part by Tenant. However, in no event shall the Additional Space Commencement Date and the commencement of rental payment hereunder be later than July 1, 2000. The foregoing notwithstanding, if Tenant’s personnel the Additional Space shall occupy not be substantially complete and the Tenant shall not have taken possession or commenced use of the Additional Space on or before the date which shall be one hundred fifty (150) days from the date Landlord commences construction of Landlord's Work as herein defined, as such date may be extended by the number of days, if any, of any (i) Tenant Delays, as herein defined; (ii) Force Majeure delays; and/or (iii) any other delays pursuant to this Section, then Tenant shall receive a credit at the next monthly rent payment date equal to ninety five dollars ($95) for each business day the Commencement Date is delayed beyond such one hundred fifty (150) day period, as such may be extended. "Force Majeure" means, with respect to the occurrence of a specified date or event, any and all events beyond the reasonable control of Landlord, including, without limitation, strikes, lockouts, acts of God, enemy actions, civil commotion or war, casualties and governmental actions, but excluding lack of funds, which events delay the occurrence of the specified date or event in question. If the Additional Space Commencement Date occurs on any day other that the first day of a month, then the Basic Rent will be pro-rated on a daily basis (i.e., annual rental divided by 365 days, or 366 days in a leap year). As of the Additional Space Commencement Date, the Additional Space shall be deemed to be a part of the Premises for demised under the conduct of its business prior to the applicable Commencement Date as determined pursuant to the preceding sentence, such date of occupancy shall, for all purposes of this Lease, be the Commencement Date for Premises A, Premises B or Premises C as, applicable. Promptly upon the occurrence of the Premises B/C Commencement Date, landlord and Tenant shall execute and deliver a letter designating the commencement dates for Premises A, Premises B and Premises C substantially in the form attached hereto as Exhibit C, but the failure by either party to execute and deliver such a letter shall have no effect on the commencement dates, as hereinabove determined. Notwithstanding anything to the contrary contained herein, in the event Tenant is unable to obtain a building permit on or before July 15, 2006 for the Work (as defined in Exhibit E attached hereto) to be performed in Premises B and/or Premises C, and Tenant filed for such permit immediately following Landlord’s approval of the Working Drawings for such Work and exercised all reasonable and diligent efforts to obtain such permit, and as a result thereof the Work to be performed in Premises B and/or Premises C is not substantially completed prior to the Premises B/C Commencement Date specified in Section 1.1 above, then the Premises B/C Commencement Date shall be extended to the date that is the earliest of (i) the date on which such Work is substantially completed, (ii) the Premises B/C Commencement Date specified in Section 1.1 above plus the number of days in the period commencing on July 16, 2006 and ending on the date on which Tenant receives the building permit for such Work, and (iii) September 1, 2006.

Commencement Date. The “Commencement Date” for each term of Premises A, Premises B and Premises C this Lease ("Lease Term") shall be for ----------------- eleven (11) years beginning on the Scheduled Commencement Dates set forth in Section 1.1, Notwithstanding earlier of (i) the foregoing, if Tenant’s personnel shall occupy all or any part date a Certificate of the Premises Occupancy (which means for the conduct of its business prior to the applicable Commencement Date as determined pursuant to the preceding sentence, such date of occupancy shall, for all purposes of this Lease, either a Certificate of Occupancy or its equivalent which allows legal occupancy and including, without limitation, a Notice of Substantial Completion) first is issued affecting the Building, or (ii) the date on which Lessee first occupies or conducts business at the Premises and the Seaport Boulevard improvements, the baseball and soccer fields have been substantially completed (the "Commencement Date") provided that, (i) for each day of delay by Lessee in failing to approve the interior schematic drawings or the Working Drawings when required under Section 2.04(d), or (ii) for each day of delay by Lessee in failing to approve the Budget, in writing, within fourteen (14) days after delivery by the General Contractor as provided in Section 2.04(d), or (iii) for each day of delay caused by any changes to the approved Working Drawings requested by Lessee, or (iv) for each day that any other act or omission by Lessee causes the construction schedule for Tenant Improvements to be delayed provided that Lessor gives Lessee written notice of such Lessee Delay within five (5) business days after its occurrence (collectively "Lessee Delay"), the Commencement Date for Premises A, Premises B or Premises C as, applicable. Promptly upon the occurrence shall occur one (1) day in advance of the Premises B/C date of the Certificate of Occupancy for each such day of delay. For example, if seven (7) days of Lessee Delay causes the date of issuance of the Certificate of Occupancy to occur on August 8, 2001 rather than August 1, 2001, the Commencement Date shall be August 1, 2001 for all purposes, including payment of Base Rent and Additional Rent. The Lease Term shall expire, unless sooner terminated or extended as provided herein, on the date which completes eleven (11) years after the Commencement Date occurs or is deemed to have occurred, e.g. if the date on which the Certificate of Occupancy is issued or deemed to be issued for the Building is August 1, 2001, the Lease Term shall expire on July 31, 2012 and if that date is August 3, 2001, the Lease Term shall expire on August 2, 2012 ("Expiration Date, landlord and Tenant "). The parties shall execute a "Memorandum of Commencement of Lease Term" when the Commencement Date becomes known, which shall include a certification by Lessor's architect of the actual Rentable Area of the Building determined by the methodology described in Section 2.01. and deliver a letter designating the commencement dates for Premises Aactual monthly installments of Base Rent to be paid pursuant to Section 4.01., Premises B and Premises C shall be substantially in the form attached hereto as Exhibit C, but the failure by either party to execute and deliver such a letter shall have no effect on the commencement dates, as hereinabove determined. Notwithstanding anything to the contrary contained herein, in the event Tenant is unable to obtain a building permit on or before July 15, 2006 for the Work (as defined in Exhibit E attached hereto) to be performed in Premises B and/or Premises C, and Tenant filed for such permit immediately following Landlord’s approval of the Working Drawings for such Work and exercised all reasonable and diligent efforts to obtain such permit, and as a result thereof the Work to be performed in Premises B and/or Premises C is not substantially completed prior to the Premises B/C Commencement Date specified in Section 1.1 above, then the Premises B/C Commencement Date shall be extended to the date that is the earliest of (i) the date on which such Work is substantially completed, (ii) the Premises B/C Commencement Date specified in Section 1.1 above plus the number of days in the period commencing on July 16, 2006 and ending on the date on which Tenant receives the building permit for such Work, and (iii) September 1, 2006."E."

Commencement Date. The “Commencement Date” for each term of Premises A, Premises B and Premises C this Lease shall be for TWELVE (12) MONTHS unless sooner terminated as hereinafter provided, commencing on the Scheduled Commencement Dates set forth date which is the earlier of: (a) the date on which the Premises are Substantially Complete (as hereinafter defined); or (b) the date that Tenant opens for business in Section 1.1the Premises; (or, Notwithstanding at Landlord's election, upon the foregoingfirst day of the first full month following the earlier to occur of (a) or (b) above). The Premises shall be deemed to be "Substantially Complete" on the earliest of the date on which: (1) Landlord files or causes to be filed with the City of Pleasanton (the "City"), if Tenant’s personnel shall occupy required, and delivers to Tenant an architect's notice of substantial completion, or similar written notice that the Premises are substantially complete, (2) Tenant first occupies all or any part portion of the Premises Premises, or (3) a certificate of occupancy (or a reasonably substantial equivalent such as a signoff from a building inspector or a temporary certificate of occupancy) is issued for the conduct Premises. 1.1.1 The date that the Lease commences in accordance with this Article 1 shall be referred to herein as the "Commencement Date". If either of its business prior to the applicable Commencement Date as determined pursuant to events described in Paragraph 1.1(a) or (b) occurs on the preceding sentencefirst day of a month, such that date of occupancy shall, for all purposes of this Lease, shall be the Commencement Date for Premises A, Premises B or Premises C as, applicable. Promptly upon of this Lease. 1.1.2 On and after the occurrence of the Premises B/C Commencement Date, landlord the Lease shall continue in full force and effect for the period of time specified as the Term or until this Lease is terminated as otherwise provided herein. As soon as the Commencement Date is determined, Tenant shall execute and deliver a letter designating the commencement dates for Premises A, Premises B and Premises C substantially Commencement Date Memorandum in the form attached hereto as Exhibit CF acknowledging, but among other things, the (a) Commencement Date, (b) scheduled termination date of this Lease and (c) Tenant's acceptance of the Premises. The Tenant's failure by either party to execute and deliver such the Commencement Date Memorandum shall not affect Tenant's liability hereunder. 1.1.3 Reference in this Lease to a letter "Lease Year" shall have no effect on mean each successive twelve month period commencing with the commencement dates, as hereinabove determined. Notwithstanding anything to the contrary contained herein, in the event Tenant is unable to obtain a building permit on or before July 15, 2006 for the Work (as defined in Exhibit E attached hereto) to be performed in Premises B and/or Premises C, Commencement Date. 1.1.4 Landlord and Tenant filed for such permit immediately following Landlord’s approval of estimate that the Working Drawings for such Work and exercised all reasonable and diligent efforts to obtain such permit, and as a result thereof the Work to be performed in Premises B and/or Premises C is not substantially completed prior to the Premises B/C Commencement Date specified in Section 1.1 above, then the Premises B/C Commencement Date shall be extended to the date that is the earliest of (i) the date on which such Work is substantially completed, (ii) the Premises B/C Commencement Date specified in Section 1.1 above plus the number of days in the period commencing on July 16, 2006 and ending on the date on which Tenant receives the building permit for such Work, and (iii) September 115, 2006, but such estimate is not and shall not be deemed to be a representation or warranty by Landlord that Premises shall be ready for Tenant's occupancy on such date.

Commencement Date. The “term of this Lease ("Lease Term") shall be for twelve (12) years beginning on the earlier of (i) the date a Certificate of Occupancy first is issued affecting the Building, or (ii) the date on which Lessee first occupies or conducts business at the Premises (the "Commencement Date” ") provided that, (i) for each day of Premises Adelay by Lessee in failing to approve the interior schematic drawings or the Working Drawings when required under Section 2.04(d), Premises B and Premises C shall be or (ii) for each day of delay by Lessee in failing to approve the Scheduled Commencement Dates set forth Budget, in writing, within ten (10) business days after delivery by the General Contractor as provided in Section 1.12.04(d), Notwithstanding the foregoing, if Tenant’s personnel shall occupy all or (iii) for each day of delay caused by any part of the Premises for the conduct of its business prior changes to the applicable Commencement Date as determined pursuant approved Working Drawings requested by Lessee, or (iv) for each day that any other act or omission by Lessee causes the construction schedule for Tenant Improvements to the preceding sentencebe delayed (collectively "Lessee Delay"), such date of occupancy shall, for all purposes of this Lease, be the Commencement Date for Premises A, Premises B or Premises C as, applicable. Promptly upon the occurrence shall occur one (1) day in advance of the Premises B/C date of the Certificate of Occupancy for each such day of delay, provided that, in no event shall Lessee Delay be used to advance the Commencement Date to a date earlier than September 1, 2001. For example, if seven (7) days of Lessee Delay causes the date of issuance of the Certificate of Occupancy to occur on September 8, 2001 rather than September 1, 2001, the Commencement Date shall be September 1, 2001 for all purposes, including payment of Base Rent and Additional Rent. The Lease Term shall expire, unless sooner terminated or extended as provided herein, on the date which completes twelve years and six months after the Commencement Date occurs or is deemed to have occurred, e.g. if the date on which the Certificate of Occupancy is issued or deemed to be issued for the Building is September 1, 2001, the Lease Term shall expire on August 31, 2013 and if that date is September 3, 2001, the Lease Term shall expire on September 2, 2013 ("Expiration Date, landlord and Tenant "). The parties shall execute a "Memorandum of Commencement of Lease Term" when the Commencement Date becomes known, which shall include a certification of the actual Rentable Area of the Building determined by the methodology described in Section 2.01. and deliver a letter designating the commencement dates for Premises Aactual monthly installments of Base Rent to be paid pursuant to Section 4.01., Premises B and Premises C shall be substantially in the form attached hereto as Exhibit C, but the failure by either party to execute and deliver such a letter shall have no effect on the commencement dates, as hereinabove determined. Notwithstanding anything to the contrary contained herein, in the event Tenant is unable to obtain a building permit on or before July 15, 2006 for the Work (as defined in Exhibit E attached hereto) to be performed in Premises B and/or Premises C, and Tenant filed for such permit immediately following Landlord’s approval of the Working Drawings for such Work and exercised all reasonable and diligent efforts to obtain such permit, and as a result thereof the Work to be performed in Premises B and/or Premises C is not substantially completed prior to the Premises B/C Commencement Date specified in Section 1.1 above, then the Premises B/C Commencement Date shall be extended to the date that is the earliest of (i) the date on which such Work is substantially completed, (ii) the Premises B/C Commencement Date specified in Section 1.1 above plus the number of days in the period commencing on July 16, 2006 and ending on the date on which Tenant receives the building permit for such Work, and (iii) September 1, 2006."E."

Commencement Date. The term of this Lease (“Lease Term”) shall be for five (5) years and six (6) months beginning on the earlier of (i) the date the Premises are “Ready for Occupancy”, or (ii) the date on which Lessee first occupies or conducts business at the Premises (the “Commencement Date” ”) provided that, for each day that any act or omission by Lessee causes the construction schedule for Tenant Improvements to be delayed (collectively “Lessee Delay”), the Commencement Date shall occur one (1) day in advance of the date the Premises Aare Ready for Occupancy for each such day of delay, provided that, in no event shall Lessee Delay be used to advance the Commencement Date to a date earlier than January 1, 2007. For example, if seven (7) days of Lessee Delay causes the date the Premises B and Premises C are Ready for Occupancy to occur on January 8, 2007 rather than January 1, 2007, the Commencement Date shall be January 1, 2007 for all purposes, including payment of Base Rent and Additional Rent. The Lease Term shall expire, unless sooner terminated or extended as provided herein, on the Scheduled date which completes five (5) years and six (6) months after the Commencement Dates set forth in Section 1.1Date occurs or is deemed to have occurred (“Expiration Date”), Notwithstanding e.g. if the foregoingdate on which the Premises are Ready for Occupancy is or is deemed to be January 1, 2007, the Lease Term shall expire on June 30, 2012 and if Tenant’s personnel that date is January 3, 2007, the Lease Term shall occupy all or any part expire on July 2, 2012. The parties shall execute a “Memorandum of Commencement of Lease Term” when the Commencement Date becomes known, which shall include a certification of the actual Rentable Area of the Premises for determined by the conduct methodology described in Section 2.01. and the actual monthly installments of its business prior Base Rent to the applicable Commencement Date as determined be paid pursuant to the preceding sentenceSection 4.01., such date of occupancy shall, for all purposes of this Lease, and shall be the Commencement Date for Premises A, Premises B or Premises C as, applicable. Promptly upon the occurrence of the Premises B/C Commencement Date, landlord and Tenant shall execute and deliver a letter designating the commencement dates for Premises A, Premises B and Premises C substantially in the form attached hereto as Exhibit C, but the failure by either party to execute and deliver such a letter shall have no effect on the commencement dates, as hereinabove determined. Notwithstanding anything to the contrary contained herein, in the event Tenant is unable to obtain a building permit on or before July 15, 2006 for the Work (as defined in Exhibit E attached hereto) to be performed in Premises B and/or Premises C, and Tenant filed for such permit immediately following Landlord’s approval of the Working Drawings for such Work and exercised all reasonable and diligent efforts to obtain such permit, and as a result thereof the Work to be performed in Premises B and/or Premises C is not substantially completed prior to the Premises B/C Commencement Date specified in Section 1.1 above, then the Premises B/C Commencement Date shall be extended to the date that is the earliest of (i) the date on which such Work is substantially completed, (ii) the Premises B/C Commencement Date specified in Section 1.1 above plus the number of days in the period commencing on July 16, 2006 and ending on the date on which Tenant receives the building permit for such Work, and (iii) September 1, 2006.“E.”

Commencement Date. The term of this Lease (“Term”) shall be seven (7) years commencing on the Commencement Date (defined below), unless sooner terminated and subject to any extension granted hereunder. The “Commencement Date” for each of Premises A, Premises B and Premises C this Lease shall be the Scheduled Commencement Dates set forth later of (i) March 1, 2011; or (ii) the date of substantial completion of the Tenant Improvements to be completed by Landlord pursuant to the terms of the Work Letter Agreement attached as EXHIBIT C. For purposes of this Lease, the date of substantial completion shall be the date that all of the following has occurred: (i) the Tenant Improvements are complete except for minor items of adjustment or repair of the type commonly found on an architect’s punchlist which would not materially interfere with Tenant’s use and enjoyment of the Premises; and (ii) the City of Sunnyvale has approved the Tenant Improvements in Section 1.1accordance with its building code, evidenced by its completion of a final inspection and written approval of such improvements as so completed in accordance with the building permit issued for the Tenant Improvements. If Landlord cannot deliver possession of the Premises to Tenant with the Tenant Improvements substantially complete on or before March 1, 2011, this Lease shall not be void or voidable, nor shall Landlord, or Landlord’s Agents be liable to Tenant for any loss or damage resulting therefrom. In such event, subject to the provisions of Paragraph 3(c), Tenant shall not be liable for Rent until Landlord delivers possession of the Premises to Tenant with the Tenant Improvements substantially complete, and the expiration date of the Term shall be extended by the same number of days that Tenant’s possession of the Premises is delayed. Notwithstanding the foregoing, if Tenant’s personnel shall occupy all or any part Landlord is unable to deliver possession of the Premises to Tenant with the Tenant Improvements substantially complete by August 31, 2011 for the conduct of its business prior to the applicable Commencement Date as determined pursuant to the preceding sentenceany reason other than a Tenant Delay, such date of occupancy shall, for all purposes of this Lease, be the Commencement Date for Premises A, Premises B or Premises C as, applicable. Promptly upon the occurrence of the Premises B/C Commencement Date, landlord and then Tenant shall execute have the right to terminate this Lease by delivery of written notice to landlord no later than September 15, 2011. Tenant’s right to terminate this Lease as permitted herein shall be Tenant’s sole and deliver a letter designating exclusive remedy for Landlord’s inability to complete the commencement dates for Premises ATenant Improvements by August 31, Premises B 2011, and Premises C substantially in the form attached hereto as Exhibit C, but the failure by either party to execute and deliver such a letter Landlord shall have no effect on the commencement dates, as hereinabove determined. Notwithstanding anything liability to the contrary contained herein, in the event Tenant is unable to obtain a building permit on for any other damages or before July 15, 2006 for the Work (as defined in Exhibit E attached hereto) to be performed in Premises B and/or Premises C, and losses suffered or incurred by Tenant filed for such permit immediately following Landlord’s approval of the Working Drawings for such Work and exercised all reasonable and diligent efforts to obtain such permit, and as a result thereof the Work to be performed in Premises B and/or Premises C is not substantially completed prior to the Premises B/C Commencement Date specified in Section 1.1 above, then the Premises B/C Commencement Date shall be extended to the date that is the earliest of (i) the date on which such Work is substantially completed, (ii) the Premises B/C Commencement Date specified in Section 1.1 above plus the number of days in the period commencing on July 16, 2006 and ending on the date on which Tenant receives the building permit for such Work, and (iii) September 1, 2006thereof.

Commencement Date. The Subject to the terms and conditions set forth herein, Landlord hereby leases and demises to Tenant and Tenant hereby takes and leases from Landlord that certain space identified in Article 1 and shown on a plan attached hereto as Exhibit A (“Premises”) for a term (“Term”) commencing on the Commencement Date” for each of Premises A, Premises B Date and Premises C shall be ending on the Scheduled Commencement Dates Expiration Date set forth in Section 1.1Article 1, Notwithstanding the foregoing, if Tenant’s personnel unless sooner terminated as provided herein. The Commencement Date set forth in Article 1 shall occupy all or any part be advanced to such earlier date as Tenant commences substantial occupancy of the Premises (as defined in Article 1) for the conduct of its business prior to (it being understood that interim, phased occupancy of less than a substantial portion of the applicable Premises during the construction of the Tenant Improvements shall not trigger the Commencement Date as determined pursuant to Date). Upon the preceding sentenceearlier of (i) substantial completion of the Tenant Improvements, such the date of occupancy shallwhich shall be established by Landlord’s construction supervisor, for all purposes of this Leaseor (ii) the date by which Tenant has substantially occupied the Premises as provided in Article 1.H set forth above, be Landlord shall execute and deliver to Tenant the Commencement Date for Premises AConfirmation in the form as set forth in Exhibit E, Premises B or Premises C as, applicable. Promptly upon the occurrence of the Premises B/C Commencement Date, landlord and which Tenant shall execute and deliver a letter designating the commencement dates for Premises A, Premises B and Premises C substantially in the form attached hereto as Exhibit C, but the return to Landlord within 5 days after receipt thereof. Tenant’s failure by either party to timely execute and deliver the Commencement Date Confirmation shall constitute an acknowledgment by Tenant that the statements included in such notice are true and correct, without exception. If Tenant disagrees with any matters set forth in the Commencement Date Confirmation, it shall set forth in a letter written notice to Landlord within such five-day period the matters which it disagrees with, the reasons for such disagreement, and the Commencement Date which Tenant contends should be established. Landlord shall have no effect on the commencement dates, as hereinabove determinedfive days thereafter to accept or reject Tenant’s proposed Commencement Date. Notwithstanding anything to the contrary contained herein, in the event Tenant is unable to obtain a building permit on or before July 15, 2006 for the Work (as defined in Exhibit E attached hereto) to be performed in Premises B and/or Premises C, and Tenant filed for If Landlord rejects such permit immediately following Landlord’s approval of the Working Drawings for such Work and exercised all reasonable and diligent efforts to obtain such permit, and as a result thereof the Work to be performed in Premises B and/or Premises C is not substantially completed prior to the Premises B/C Commencement Date specified in Section 1.1 abovedate, then the Premises B/C Commencement date set forth in the initial Commence Date Confirmation executed and delivered by Landlord shall be extended to used for the date that purposes hereof until the matter is resolved by legal proceedings or further agreement of the earliest of (i) Parties. To the date on which such Work is substantially completed, (ii) extent the Premises B/C Commencement Date specified in Section 1.1 above plus includes an entire floor of the number Building, Tenant shall have exclusive use of days in the period commencing on July 16, 2006 and ending on the date on which Tenant receives the building permit for Common Areas located within such Work, and (iii) September 1, 2006floor.

Commencement Date. The “term of this Lease ("Lease Term") shall be for the period specified in Paragraph 1.5 above, commencing on the date set forth in Paragraph 1.6 ("Commencement Date” for each of Premises A"); provided, Premises B however, in the event the ADA Work and Premises C any UBC Work to be performed by Landlord as to which Landlord has been advised prior to the Execution Date, if any ("Landlord's Work"), is not completed by the aforesaid Commencement Date, then the Commencement Date shall be the Scheduled Commencement Dates set forth in Section 1.1, Notwithstanding the foregoing, if Tenant’s personnel date on which Landlord's Work is substantially completed. Landlord's Work shall occupy all or any part of the Premises for the conduct of its business prior be deemed to the applicable Commencement Date as determined pursuant to the preceding sentence, such date of occupancy shall, for all purposes of this Lease, be the Commencement Date for Premises A, Premises B or Premises C as, applicable. Promptly substantially completed upon the occurrence of the earlier of the following: (a) The date on which all improvements to be constructed by Landlord have been substantially completed except for punch list items which do not prevent Tenant from using the Premises B/C for its intended use, and the appropriate governmental approvals for occupancy of the Premises have been issued; or (b) The date on which all improvements to be constructed by Landlord would have been substantially completed except for such work as Landlord is required to perform but which is delayed because of any of the following (each, a "Tenant Delay"): (i) fault or neglect of Tenant, acts of Tenant or Tenant's agents (including without limitation delays caused by work done on the Premises by Tenant or Tenant's agents or by acts of Tenant's contractors or subcontractors); (ii) delays caused by change orders requested by Tenant or required because of any errors or omissions in plans submitted by Tenant: and (iii) such work as Landlord is required to perform but cannot complete until Tenant performs necessary portions of construction work it has elected or is required to do; or (c) The date Tenant opens for business in the Premises. If the improvements to be constructed by Landlord are deemed to be substantially completed pursuant to Paragraph 3.1(b) above, Tenant acknowledges that the Commencement Date shall occur, and therefore Tenant's obligation to pay Rentals shall commence, earlier than the date of actual completion of Landlord's Work. Landlord's Work shall be deemed to be substantially completed one day earlier than the date of actual completion for each day that actual completion is delayed by reason of a Tenant Delay. If the Commencement Date is a date other than the date set forth in Paragraph 1.6, then the Ending Date set forth in Paragraph 1.7, the rental adjustment dates set forth in Paragraph 1.8 and any other certain dates specified herein shall be adjusted accordingly. When the Commencement Date, landlord Ending Date, rental adjustment dates, and such other dates become ascertainable, Landlord and Tenant shall specify the same in writing, in the form of the attached Exhibit D, which writing shall be deemed incorporated herein. Tenant's failure to execute and deliver a the letter designating the commencement dates for Premises A, Premises B and Premises C substantially in the form attached hereto as Exhibit CD within thirty (30) days after Tenant receives written request from Landlord to do so (subject to any legitimate disagreement by Tenant with the terms thereof, but the failure which both parties shall use reasonable efforts to resolve) shall be a Default by either party to execute and deliver such a letter shall have no effect on the commencement dates, as hereinabove determinedTenant hereunder. Notwithstanding anything to the contrary contained herein, in the event Tenant is unable to obtain a building permit on or before July 15, 2006 for the Work (as defined in Exhibit E attached hereto) to be performed in Premises B and/or Premises C, and Tenant filed for such permit immediately following Landlord’s approval The expiration of the Working Drawings for such Work and exercised all reasonable and diligent efforts Lease Term or sooner termination of this Lease is referred to obtain such permit, and herein as a result thereof the Work to be performed in Premises B and/or Premises C is not substantially completed prior to the Premises B/C Commencement Date specified in Section 1.1 above, then the Premises B/C Commencement Date shall be extended to the date that is the earliest of (i) the date on which such Work is substantially completed, (ii) the Premises B/C Commencement Date specified in Section 1.1 above plus the number of days in the period commencing on July 16, 2006 and ending on the date on which Tenant receives the building permit for such Work, and (iii) September 1, 2006"Lease Termination."

Commencement Date. The “Commencement Date” for each term of Premises A, Premises B and Premises C this Lease (the "Lease ----------------- Term") shall be for the Scheduled Commencement Dates period specified in Paragraph 1.5 above, commencing on the date set forth in Section 1.1Paragraph 1.6 ("Commencement Date"); provided, Notwithstanding however, in the foregoingevent any improvements to be constructed by Landlord, if Tenant’s personnel shall occupy all or any part of as set forth on Exhibits "C-1" and "C-2", are not completed by the Premises for the conduct of its business prior to the applicable aforesaid Commencement Date as determined pursuant to the preceding sentenceDate, such date of occupancy shall, for all purposes of this Lease, be then the Commencement Date for Premises A, Premises B or Premises C as, applicableshall be deemed to be the date on which the improvements to be constructed by Landlord are substantially completed. Promptly Such improvements shall be deemed to be substantially completed upon the occurrence of the earlier of the following: (a) The date on which all improvements to be constructed by Landlord have been substantially completed except for: (i) punch list items which do not prevent Tenant from using the Premises B/C for its intended use; (ii) such work as Landlord is required to perform but which is delayed because of fault or neglect of Tenant, acts of Tenant or Tenant's agents (including without limitation, delays caused by work done on the Premises by Tenant or Tenant's agents or by acts of Tenant's contractors or subcontractors) or delays caused by change orders requested by Tenant or required because of any errors or omissions in plans submitted by Tenant; and (iii) such work as Landlord is required to perform but cannot complete until Tenant performs necessary portions of construction work it has elected or is required to do; or (b) The issuance of appropriate governmental approvals for occupancy of the Premises; or (c) The date Tenant opens for business in the Premises. If the Commencement Date is a date other than the date set forth in Paragraph 1.6, then the Ending Date set forth in paragraph 1.7, and any other certain dates specified herein shall be adjusted accordingly. When the Commencement Date, landlord Ending Date and such other dates become ascertainable, Landlord and Tenant shall specify the same in writing, in the form of the attached Exhibit "D," which writing shall be deemed incorporated herein. Tenant's failure to execute and deliver a the letter designating the commencement dates for Premises A, Premises B and Premises C substantially in the form attached hereto as Exhibit C"D" (subject to any legitimate disagreement by Tenant with the terms thereof, but the failure which both parties shall use reasonable efforts to resolve) shall be a Default by either party to execute and deliver such a letter shall have no effect on the commencement dates, as hereinabove determinedTenant hereunder. Notwithstanding anything to the contrary contained herein, in the event Tenant is unable to obtain a building permit on or before July 15, 2006 for the Work (as defined in Exhibit E attached hereto) to be performed in Premises B and/or Premises C, and Tenant filed for such permit immediately following Landlord’s approval The expiration of the Working Drawings for such Work and exercised all reasonable and diligent efforts Lease Term or sooner termination of this Lease is referred to obtain such permit, and herein as a result thereof the Work to be performed in Premises B and/or Premises C is not substantially completed prior to the Premises B/C Commencement Date specified in Section 1.1 above, then the Premises B/C Commencement Date shall be extended to the date that is the earliest of (i) the date on which such Work is substantially completed, (ii) the Premises B/C Commencement Date specified in Section 1.1 above plus the number of days in the period commencing on July 16, 2006 and ending on the date on which Tenant receives the building permit for such Work, and (iii) September 1, 2006"Lease Termination."

Commencement Date. The term of this Lease (“Commencement Date” for each of Premises A, Premises B and Premises C Lease Term”) shall be for eleven (11) years beginning on the Scheduled Commencement Dates set forth in Section 1.1, Notwithstanding earlier of (i) the foregoing, if Tenant’s personnel shall occupy all or any part date a Certificate of the Premises Occupancy (which means for the conduct of its business prior to the applicable Commencement Date as determined pursuant to the preceding sentence, such date of occupancy shall, for all purposes of this Lease, either a Certificate of Occupancy or its equivalent which allows legal occupancy and including, without limitation, a Notice of Substantial Completion) first is issued affecting the Building, or (ii) the date on which Lessee first occupies or conducts business at the Premises and the Seaport Boulevard improvements, the baseball and soccer fields have been substantially completed (the “Commencement Date”) provided that, (i) for each day of delay by Lessee in failing to approve the interior schematic drawings or the Working Drawings when required under Section 2.04(d), or (ii) for each day of delay by Lessee in failing to approve the Budget, in writing, within fourteen (14) days after delivery by the General Contractor as provided in Section 2.04(d), or (iii) for each day of delay caused by any changes to the approved Working Drawings requested by Lessee, or (iv) for each day that any other act or omission by Lessee causes the construction schedule for Tenant Improvements to be delayed provided that Lessor gives Lessee written notice of such Lessee Delay within five (5) business days after its occurrence (collectively “Lessee Delay”), the Commencement Date for Premises A, Premises B or Premises C as, applicable. Promptly upon the occurrence shall occur one (1) day in advance of the Premises B/C date of the Certificate of Occupancy for each such day of delay. For example, if seven (7) days of Lessee Delay causes the date of issuance of the Certificate of Occupancy to occur on August 8, 2001 rather than August 1, 2001, the Commencement Date shall be August 1, 2001 for all purposes, including payment of Base Rent and Additional Rent. The Lease Term shall expire, unless sooner terminated or extended as provided herein, on the date which completes eleven (11) years after the Commencement Date occurs or is deemed to have occurred, e.g. if the date on which the Certificate of Occupancy is issued or deemed to be issued for the Building is August 1, 2001, the Lease Term shall expire on July 31, 2012 and if that date is August 3, 2001, the Lease Term shall expire on August 2, 2012 (“Expiration Date, landlord and Tenant ”). The parties shall execute a “Memorandum of Commencement of Lease Term” when the Commencement Date becomes known, which shall include a certification by Lessor’s architect of the actual Rentable Area of the Building determined by the methodology described in Section 2.01. and deliver a letter designating the commencement dates for Premises Aactual monthly installments of Base Rent to be paid pursuant to Section 4.01., Premises B and Premises C shall be substantially in the form attached hereto as Exhibit C, but the failure by either party to execute and deliver such a letter shall have no effect on the commencement dates, as hereinabove determined. Notwithstanding anything to the contrary contained herein, in the event Tenant is unable to obtain a building permit on or before July 15, 2006 for the Work (as defined in Exhibit E attached hereto) to be performed in Premises B and/or Premises C, and Tenant filed for such permit immediately following Landlord’s approval of the Working Drawings for such Work and exercised all reasonable and diligent efforts to obtain such permit, and as a result thereof the Work to be performed in Premises B and/or Premises C is not substantially completed prior to the Premises B/C Commencement Date specified in Section 1.1 above, then the Premises B/C Commencement Date shall be extended to the date that is the earliest of (i) the date on which such Work is substantially completed, (ii) the Premises B/C Commencement Date specified in Section 1.1 above plus the number of days in the period commencing on July 16, 2006 and ending on the date on which Tenant receives the building permit for such Work, and (iii) September 1, 2006.“E.”

Commencement Date. The “(a) Notwithstanding the February 1, 1997 date specified in Section 1.1(i), above, the "Commencement Date” for each " of Premises A, Premises B and Premises C this Lease shall be the Scheduled Commencement Dates date upon which Landlord delivers the Completion Notice to Tenant (as set forth in Section 1.1, Notwithstanding the foregoing, if Tenant’s personnel shall occupy all or any part paragraph 10 of the Premises for the conduct of its business prior to the applicable Commencement Date as determined pursuant to the preceding sentence, such date of occupancy shall, for all purposes of this Lease, be the Commencement Date for Premises A, Premises B or Premises Exhibit C as, applicable. Promptly upon the occurrence of the Premises B/C Commencement Date, landlord and Tenant shall execute and deliver a letter designating the commencement dates for Premises A, Premises B and Premises C substantially in the form attached hereto as Exhibit C, but the failure by either party to execute and deliver such a letter shall have no effect on the commencement dates, as hereinabove determinedhereto). Notwithstanding anything to the contrary contained herein, (i) in the event Tenant is unable to obtain a building permit the Commencement Date has not occurred on or before July February 15, 2006 for the Work 1997 (other than as a result of any "Tenant Delay", as such term is defined in Exhibit E attached C hereto) to be performed ), the parties mutually agree that the Term of this Lease shall expire on February 15, 2003, regardless of when the Commencement Date occurs (in Premises B and/or Premises Cother words, and Tenant filed for such permit immediately following Landlord’s approval the Term of the Working Drawings for such Work and exercised all reasonable and diligent efforts to obtain such permitLease shall be shorter than seventy-two (72) full months if the Commencement Date occurs after February 15, and 1997 other than as a result thereof of any Tenant Delay), (ii) in the Work event the date upon which Landlord delivers the Completion Notice to be performed in Premises B and/or Premises C Tenant is not substantially completed prior delayed more than fifteen (15) days due to the Premises B/C Commencement Date specified in Section 1.1 aboveany Tenant Delay, then the Premises B/C Commencement Date of this Lease shall be February 15, 1997 irrespective of whether construction of Landlord's Work has been completed by February 15, 1997. The foregoing notwithstanding, if a combination of Tenant Delay and delay occurring other than as a result of Tenant Delay causes the date upon which construction of Landlord's Work is completed to extend past February 15, 1997, then the Commencement Date shall be extended adjusted to be that date upon which Landlord's Work would have been completed but for such Tenant Delay (but only to the extent such Tenant Delay exceeded fifteen (15) days), and the Lease Term shall expire on the earlier of (1) that date which is seventy-two (72) full months after the Commencement Date or (2) that date which is calculated by measuring seventy-two (72) full months after the date Landlord's Work would have been completed but for such Tenant Delay (but not later than February 15, 1997), plus the total number of days of Tenant Delay which occurred. For purposes of illustrating the foregoing provision only, and not by way of limitation, (A) if there were twenty (20) days of Tenant Delay and completion of Landlord's Work and delivery of the Completion Notice was achieved on February 28, 1997, then the Lease Commencement Date shall be deemed to be February 23, 1997, and the expiration of the Lease Term shall be February 22, 2003, (B) if there were ten (10) days of Tenant Delay and completion of Landlord's Work and delivery of the Completion Notice was achieved on February 28, 1997, then the Lease Commencement Date shall be February 28, 1997, and the expiration of the Lease Term shall occur on February 24, 2003, (C) if there were ten (10) days of Tenant Delay and completion of Landlord's Work and delivery of the Completion Notice was achieved on February 20, 1997, then the Lease Commencement Date shall be February 20, 1997, and the expiration of the Lease Term shall occur on February 19, 2003, and (D) if there was no Tenant Delay and completion of Landlord's Work and delivery of the Completion Notice was achieved on February 28, 1997, then the Lease Commencement Date shall be February 28, 1997, and the expiration of the Lease Term shall occur on February 15, 2003. (b) Any entry and/or occupancy of the Premises by Tenant, its agents, employees or contractors prior to the Commencement Date shall be at Tenant's sole risk, and deemed pursuant to, and subject to, all of the terms and provisions of this Lease; provided, however, in no event shall Tenant, its agents, employees or contractors be entitled to enter the Premises or take occupancy thereof prior to the date it receives Landlord's notice that is the earliest of (i) same are Ready for Occupancy except for the date on which such Work is substantially completed"Early Work", (ii) the Premises B/as set forth in Exhibit C Commencement Date specified in Section 1.1 above plus the number of days in the period commencing on July 16, 2006 and ending on the date on which Tenant receives the building permit for such Work, and (iii) September 1, 2006hereto.

Commencement Date. The “Scheduled Commencement Date shall be an estimate of the actual commencement Date” for each , and the term of Premises Athis Lease shall begin on the first to occur of the following, Premises B and Premises C which shall be the Scheduled "Commencement Dates set forth in Section 1.1, Date": (i) the date Landlord offers to deliver possession of the Premises to Tenant following substantial completion of al improvements to be constructed by Landlord pursuant to 2.3 except for punchlist items which do not prevent Tenant from using the Premises for the Permitted Use and such work as Landlord is required to perform but cannot complete until Tenant performs necessary portions of construction work it has elected or is required to do; or (ii) the date Tenant enters into occupancy of the Premises. Notwithstanding the foregoing, if Tenant’s personnel shall occupy all or any part of the Premises for the conduct of its business prior to the applicable Commencement Date as determined pursuant to the preceding sentence, such date of occupancy shall, for all purposes of this Lease, be the Commencement Date for Premises A, Premises B or Premises C as, applicable. Promptly upon the occurrence of the Premises B/C Commencement Date, landlord and Tenant shall execute and deliver a letter designating the commencement dates for Premises A, Premises B and Premises C substantially described in the form attached hereto as Exhibit C, but foregoing item (i) (the failure by either party to execute and deliver such a letter shall have no effect on the commencement dates, as hereinabove determined. Notwithstanding anything to the contrary contained herein, in the event Tenant "Delivery Date") is unable to obtain a building permit on or before July 15, 2006 for the Work (as defined in Exhibit E attached hereto) to be performed in Premises B and/or Premises C, and Tenant filed for such permit immediately following Landlord’s approval of the Working Drawings for such Work and exercised all reasonable and diligent efforts to obtain such permit, and delayed as a result thereof the Work to be performed in Premises B and/or Premises C is not substantially completed prior to the Premises B/C Commencement Date specified in Section 1.1 aboveof any Tenant Delay, defined below, then the Premises B/C Commencement Delivery Date shall be extended deemed to the date that is the earliest of (i) be the date on which the Delivery Date would have occurred but for such Work is substantially completedTenant Delay, as reasonably determined by Landlord. The term "Tenant Delay" shall mean any delay in the completion of construction fo improvements by Landlord pursuant to 2.3 caused by any action or omission of Tenant, or Tenant's employees, agents, contractors, including without limitation, the following: (i) Tenant's failure to furnish information to Landlord for the preparation of plans and drawings for such construction; (ii) the Premises B/C Commencement Date specified in Section 1.1 above plus the number of days in the period commencing on July 16Tenant's request for special materials, 2006 and ending on the date on finishes or installations which Tenant receives the building permit for such Workare not readily available, and (iii) September 1Tenant's failure to reasonably approve plans and working drawings in accordance with the terms of Exhibit B and Exhibit C; (iv) Tenant's change requests pursuant to Exhibit B and Exhibit C; and (v) interference with Landlord's work caused by Tenant or Tenant's employees, 2006agents or contractors.

Commencement Date. The “(a) As used in this Lease, "Commencement Date” for each " shall mean the ----------------- earlier of Premises A, Premises B and Premises C shall be (i) the Scheduled Commencement Dates set forth in Section 1.1, Notwithstanding the foregoing, if Tenant’s personnel shall occupy first date of use or occupancy of all or any part portion of the Initial Leased Premises by Tenant for the conduct purpose of conducting its business prior to business, or (ii) the applicable Commencement Completion Date as determined pursuant to (defined below) for the preceding sentence, such date Initial Leased Premises provided that the Completion Date shall be accelerated by the number of occupancy shall, for all purposes of this Lease, be days the Commencement Date for Premises A, Premises B or Premises C as, applicable. Promptly upon the occurrence achievement of the Premises B/C Commencement Date, landlord and Completion Date is delayed as the result of Tenant shall execute and deliver a letter designating the commencement dates for Premises A, Premises B and Premises C substantially in the form attached hereto as Exhibit C, but the failure by either party to execute and deliver such a letter shall have no effect on the commencement dates, as hereinabove determinedDelays. Notwithstanding anything to the contrary contained herein, Tenant shall not be permitted to occupy the Initial Leased Premises prior to the date of Substantial Completion of the Tenant Improvements if Landlord determines in its sole discretion that such occupancy may cause undue interference or delay in the event completion of the Tenant Improvements. As used in this Exhibit C-1, "Completion Date" with respect to ----------- --------------- the Initial Leased Premises shall mean the date on which there is unable to obtain a building permit on or before July 15, 2006 Substantial Completion of the Tenant Improvements for the Work (Initial Leased Premises as defined described in Paragraph 2(e) of this Exhibit E attached hereto) to be performed in Premises B and/or Premises C, C-1. Landlord and Tenant filed for estimate ----------- that the Completion Date will be February 1, 1999; however in no event shall such permit immediately following Landlord’s approval estimate be binding on Landlord or Tenant. As used in this Exhibit C-1, "Tenant Delay," shall mean the ----------- ------------ number of days that the occurrence or achievement of the Working Drawings for such Work and exercised all reasonable and diligent efforts to obtain such permitparticular event or date identified in this Lease, and including without limitation the Completion Date, is delayed as a result thereof the Work to be performed in Premises B and/or Premises C is not substantially completed prior to the Premises B/C Commencement Date specified in Section 1.1 above, then the Premises B/C Commencement Date shall be extended to the date that is the earliest of (i) Tenant's failure to meet the date on which such Work is substantially completeddates established in this Exhibit C-1, (ii) Long Lead Time Items (defined below), (iii) any changes ----------- to the Premises B/C Commencement Date specified in Section 1.1 above plus Tenant Improvements requested to be made by Tenant (and approved by Landlord), (iv) Tenant's failure to sufficiently respond to Landlord's inquiries pursuant to Paragraph 1(c), (v) any breach by Tenant of its obligations under this Lease, including without limitation, the number of days in the period commencing on July 16, 2006 and ending on the date on which Tenant receives the building permit for such Workfailure to comply with this Exhibit C-1, and (iiivi) September 1any other delays caused by Tenant or Tenant's engineers, 2006----------- architects (including Tenant Architect), consultants, employees, agents, contractors and subcontractors.

Commencement Date. The “term of this Lease ("Lease Term") shall be for twelve (12) years beginning on the earlier of (i) the date a Certificate of Occupancy first is issued affecting the Building, or (ii) the date on which Lessee first occupies or conducts business at the Premises (the "Commencement Date” ") provided that, (i) for each day of Premises Adelay by Lessee in failing to approve the interior schematic drawings or the Working Drawings when required under Section 2.04(d), Premises B and Premises C shall be or (ii) for each day of delay by Lessee in failing to approve the Scheduled Commencement Dates set forth Budget, in writing, within ten (10) business days after delivery by the General Contractor as provided in Section 1.12.04(d), Notwithstanding the foregoing, if Tenant’s personnel shall occupy all or (iii) for each day of delay caused by any part of the Premises for the conduct of its business prior changes to the applicable Commencement Date as determined pursuant approved Working Drawings requested by Lessee, or (iv) for each day that any other act or omission by Lessee causes the construction schedule for Tenant Improvements to the preceding sentencebe delayed (collectively "Lessee Delay"), such date of occupancy shall, for all purposes of this Lease, be the Commencement Date for Premises A, Premises B or Premises C as, applicable. Promptly upon the occurrence shall occur one (1) day in advance of the Premises B/C date of the Certificate of Occupancy for each such day of delay, provided that, in no event shall Lessee Delay be used to advance the Commencement Date to a date earlier than August 1, 2001. For example, if seven (7) days of Lessee Delay causes the date of issuance of the Certificate of Occupancy to occur on August 8, 2001 rather than August 1, 2001, the Commencement Date shall be August 1, 2001 for all purposes, including payment of Base Rent and Additional Rent. The Lease Term shall expire, unless sooner terminated or extended as provided herein, on the date which completes twelve (12) years after the Commencement Date occurs or is deemed to have occurred, e.g. if the date on which the Certificate of Occupancy is issued or deemed to be issued for the Building is August 1, 2001, the Lease Term shall expire on August 31, 2013 and if that date is September 3, 2001, the Lease Term shall expire on September 2, 2013 ("Expiration Date, landlord and Tenant "). The parties shall execute a "Memorandum of Commencement of Lease Term" when the Commencement Date becomes known, which shall include a certification of the actual Rentable Area of the Building determined by the methodology described in Section 2.01. and deliver a letter designating the commencement dates for Premises Aactual monthly installments of Base Rent to be paid pursuant to Section 4.01., Premises B and Premises C shall be substantially in the form attached hereto as Exhibit C, but the failure by either party to execute and deliver such a letter shall have no effect on the commencement dates, as hereinabove determined. Notwithstanding anything to the contrary contained herein, in the event Tenant is unable to obtain a building permit on or before July 15, 2006 for the Work (as defined in Exhibit E attached hereto) to be performed in Premises B and/or Premises C, and Tenant filed for such permit immediately following Landlord’s approval of the Working Drawings for such Work and exercised all reasonable and diligent efforts to obtain such permit, and as a result thereof the Work to be performed in Premises B and/or Premises C is not substantially completed prior to the Premises B/C Commencement Date specified in Section 1.1 above, then the Premises B/C Commencement Date shall be extended to the date that is the earliest of (i) the date on which such Work is substantially completed, (ii) the Premises B/C Commencement Date specified in Section 1.1 above plus the number of days in the period commencing on July 16, 2006 and ending on the date on which Tenant receives the building permit for such Work, and (iii) September 1, 2006."E."

Commencement Date. The “Commencement Date” for each earlier of Premises A, Premises B and Premises C shall be the Scheduled Commencement Dates set forth in Section 1.1, Notwithstanding the foregoing, if Tenant’s personnel shall occupy all or any part (1) twenty (20) business days after ----------------- Landlord has delivered to Tenant written notice of the Premises for the conduct substantial completion of its business prior to the applicable Commencement Date as determined pursuant to the preceding sentence, such date of occupancy shall, for all purposes of this Lease, be the Commencement Date for Premises A, Premises B or Premises C as, applicable. Promptly upon the occurrence of the Premises B/C Commencement Date, landlord and Tenant shall execute and deliver a letter designating the commencement dates for Premises A, Premises B and Premises C substantially in the form attached hereto as Exhibit C, but the failure by either party to execute and deliver such a letter shall have no effect on the commencement dates, as hereinabove determined. Notwithstanding anything to the contrary contained herein, in the event Tenant is unable to obtain a building permit on or before July 15, 2006 for the Landlord's Work (as defined specified in Exhibit E attached hereto) to be performed in Premises B and/or Premises CB), including passage of final inspection by the City of Escondido, issuance of a certificate of occupancy and Tenant filed for such permit immediately following Landlord’s approval of the Working Drawings for such Work and exercised all reasonable and diligent efforts to obtain such permit, and as a result thereof the Work to be performed in Premises B and/or Premises C is not substantially completed prior to the Premises B/C Commencement Date specified in Section 1.1 above, then the Premises B/C Commencement Date shall be extended to the date that is the earliest of electric meter activation or (i2) the date on which such Work Tenant opens for business, but in no event earlier than March 1, 2002. Landlord and Tenant acknowledge that it is substantially completedtheir intent that Tenant shall begin its Tenant Improvements at the earliest possible time in conjunction with the Project Schedule (attached hereto as Exhibit G), (ii) but in no event later than November 15, 2001. In the Premises B/C event Tenant is granted access to make its Tenant Improvements later than November 15, 2001, the Commencement Date shall be adjusted accordingly. In the event that Landlord does not complete Landlord's Work (as specified in Section 1.1 above plus the number Exhibit B) on or before May 1, 2002, except as may be extended by an Unavoidable Delay or as a result of days any act or omission of Tenant, then for each day until Landlord delivers to Tenant written notice of substantial completion of Landlord's Work, Tenant shall receive $1,000.00 a day credit toward its first month's rent obligation (and any immediately successive months in the period commencing on July 16event the credit exceeds the first month's rent), 2006 and ending on following the date on which Commencement Date. If Landlord has not delivered notice of substantial completion of Landlord's work by March 1, 2002, Tenant receives may cancel the Lease by written notice to Landlord given before delivery to Tenant of written notice of substantial completion. Further, in the event Landlord does not deliver written notice to Tenant of issuance of building permit for such Workpermits, and (iii) approval of the Drive-through facility and zoning for Tenant's intended banking uses by the City of Escondido, for the Project on or before September 1, 20062001, Tenant may cancel the Lease by written notice given to Landlord on or before October 1, 2001.

Commencement Date. (a) The commencement date of the Term for the N2 Premises (the “N2 Commencement Date” for each of Premises A, Premises B and Premises C ”) shall be February 1, 2008 or such earlier date as the Scheduled Commencement Dates set forth in Section 1.1, Notwithstanding the foregoing, if Tenant’s personnel shall Tenant may occupy all or any part substantial portion of the N2 Premises for the conduct of its business as opposed to preparing the Premises for occupancy, but in no event shall it be prior to the applicable substantial completion of Landlord’s Work and Tenant’s Work for ▇▇▇▇▇▇▇▇ ▇▇, as hereinafter defined. Once determined, the N2 Commencement Date as determined pursuant shall be memorialized in a Term Commencement Letter to be executed by both Landlord and Tenant, which Letter is to be substantially identical to the preceding sentence, such one attached hereto as Exhibit P. (b) The commencement date of the Term for the N3 Premises (the “N3 Commencement Date”) shall be no earlier than October 1, 2008 except to the extent the Tenant may occupy any substantial portion of the N3 Premises for the conduct of its business as opposed to preparing the Premises for occupancy shallprior to said date, but in no event shall it be prior to the substantial completion of Landlord’s Work and Tenant’s Work for all Building N3. Once determined, the N3 Commencement Date shall be memorialized in a Term Commencement Letter to be executed by both Landlord and Tenant, which Letter is to be substantially identical to the one attached hereto as Exhibit P. (c) For purposes of the seven (7) year duration of the Term of this Lease, be the Commencement Date for Premises A, Premises B or Premises C as, applicable. Promptly upon the occurrence of the Premises B/C Commencement Date, landlord and Tenant shall execute and deliver a letter designating the commencement dates for Premises A, Premises B and Premises C substantially in the form attached hereto as Exhibit C, but the failure by either party to execute and deliver such a letter shall have no effect on the commencement dates, as hereinabove determined. Notwithstanding anything to the contrary contained herein, in the event Tenant is unable to obtain a building permit on or before July 15, 2006 for the Work (as defined in Exhibit E attached hereto) to be performed in Premises B and/or Premises C, and Tenant filed for such permit immediately following Landlord’s approval of the Working Drawings for such Work and exercised all reasonable and diligent efforts to obtain such permit, and as a result thereof the Work to be performed in Premises B and/or Premises C is not substantially completed prior to the Premises B/C Commencement Date specified in Section 1.1 above, then the Premises B/C N2 Commencement Date shall be extended deemed to be the date that is beginning of the earliest of (i) the date on which such Work is substantially completed, (ii) the Premises B/C Commencement Date specified in Section 1.1 above plus the number of days in the period commencing on July 16, 2006 and ending on the date on which Tenant receives the building permit for such Work, and (iii) September 1, 2006Term.

Commencement Date. (a) The term of this Lease (the “Term”) shall commence on the Commencement Date” for each of Premises A, Premises B and Premises C unless sooner terminated or extended as hereinafter provided, shall be end on the Scheduled Commencement Dates set forth in Section 1.1, Notwithstanding the foregoingExpiration Date. Except as otherwise expressly provided herein, if Tenant’s personnel shall occupy all or any part Landlord does not tender possession of the Premises for the conduct of its business prior to the applicable Commencement Date as determined pursuant to the preceding sentence, such date of occupancy shallTenant on or before any specified date, for all purposes of any reason whatsoever, Landlord shall not be liable for any damage thereby, this LeaseLease shall not be void or voidable, be and the Term shall not commence until the Commencement Date for Premises A, Premises B or Premises C as, applicableactually occurs. Promptly upon the occurrence Landlord shall be deemed to have tendered possession of the Premises B/C Commencement Dateto Tenant upon the giving of at least three (3) days advance notice by Landlord to Tenant stating that the Premises is vacant, landlord and Tenant shall execute and deliver a letter designating the commencement dates for Premises A, Premises B and Premises C substantially in the form attached hereto as Exhibit C, but condition required by this Lease and available DocuSign Envelope ID: 9A9C9B12-A895-460A-B922-02EA96CBF419888 F039-07D3 96C 95C7 5 F6CAE9878F (b) Notwithstanding the failure by either party to execute and deliver such a letter shall have no effect on the commencement dates, as hereinabove determined. Notwithstanding foregoing or anything to the contrary contained hereinin this Lease, in if the event Tenant is unable to obtain a building permit Commencement Date does not occur on or before July 15February 1, 2006 for the Work 2024 (other than due to Tenant Delay or Unavoidable Delay), then, as defined in Exhibit E attached hereto) to be performed in Premises B and/or Premises C, and Tenant filed for such permit immediately following LandlordTenant’s approval of the Working Drawings for such Work and exercised all reasonable and diligent efforts to obtain such permitsole remedy therefor, and as liquidated damages and not as a result thereof penalty, for each day after February 1, 2024 until the Work to be performed in Premises B and/or Premises C is not substantially completed prior to the Premises B/C Commencement Date specified in Section 1.1 aboveoccurs, then or would have occurred except for Tenant Delay or Unavoidable Delay (each such day, a “Late Delivery Day”), the Premises B/C period from the Commencement Date until the Rent Commencement Date shall be extended to by: (a) one (1) day for each Late Delivery Day, for the first sixty (60) Late Delivery Days, and (b) two (2) days for each Late Delivery Day, for any Late Delivery Days in excess of the first sixty (60) Late Delivery Days, and if the Commencement Date does not occur (and would not have not occurred except for Tenant Delay or Unavoidable Delay) on or before September 1, 2024, then Tenant may thereafter give Landlord notice terminating this Lease as of the date that is forty five (45) days after the earliest giving of such notice; and if by such 45th day, the Commencement Date has not occurred (i) the date and would not have occurred except for Tenant Delay or Unavoidable Delay), then on which such Work is substantially completed45th day, (ii) this Lease shall terminate; Tenant shall have no further rights to lease the Premises B/C Commencement Date specified in Section 1.1 above plus the number of days in the period commencing on July 16, 2006 hereunder; and ending on the date on which Landlord shall return to Tenant receives the building permit for such Work, any Advance Rent and (iii) September 1, 2006Security Deposit.

Commencement Date. The “Commencement Date” for each of Premises A, Premises B and Premises C shall be the Scheduled Commencement Dates set forth in Section 1.1, Notwithstanding the foregoing, if Tenant’s personnel shall occupy all or any part terms of the Premises for the conduct of its business prior to the applicable Commencement Date as determined pursuant to the preceding sentence, such date of occupancy shall, for all purposes of this Lease, be the Commencement Date for Premises A, Premises B or Premises C as, applicable. Promptly upon the occurrence of the Premises B/C Commencement Date, landlord Paragraph 1 above and Tenant shall execute and deliver a letter designating the commencement dates for Premises A, Premises B and Premises C substantially in the form attached hereto as Exhibit C, but the failure by either party to execute and deliver such a letter shall have no effect on the commencement dates, as hereinabove determined. Notwithstanding notwithstanding anything to the contrary contained herein, in the event Tenant is unable Lease (including without limitation, the provisions of Section 8(b) of Exhibit C to obtain a building permit on or before July 15the Lease), 2006 for the Work (Term of the Lease as defined in Exhibit E attached hereto) to be performed in both Premises A and Premises B and/or and Tenant's obligation to pay additional rent including operating expenses, Real Property Taxes and Assessments and Insurance Costs and parking charges (but not Tenant's obligation to pay Monthly Basic Rent as to Premises C, and Tenant filed for such permit immediately following Landlord’s approval of the Working Drawings for such Work and exercised all reasonable and diligent efforts to obtain such permit, and as a result thereof the Work to be performed in Premises B and/or Premises C is not substantially completed prior to the A or Premises B/C Commencement Date specified in Section 1.1 above), then the Premises B/C Commencement Date shall be extended to will commence on the date that (the "Commencement Date") which is the earliest of earlier of: (i) the date on which such Work is substantially completed, Tenant moves into any portion of the Premises to commence operation of its business from the Premises; (ii) the Premises B/C Commencement Date specified date which is ninety (90) days after Landlord completes the Base Building Improvements; or (iii) the date the March 23 Improvements have been "substantially completed"; provided, however, in any event the parking garage must be completed such that Tenant may utilize the parking garage, and provided that if substantial completion of the Base Building Improvements are delayed as a result of any "Tenant Delays" (as defined in the Lease), then the date for establishing substantial completion under item (ii) herein as would otherwise have been established pursuant to this Section 1.1 above plus will be accelerated by the number of days in the period commencing on July 16of such "Tenant Delays". For purposes of item (ii) above, 2006 and ending on a Tenant Delay shall not be deemed to accelerate the date on which for establishing substantial completion of the Base Building Improvements unless Landlord has given Tenant receives written notice of such Tenant Delay and Tenant has not ceased such activity causing the building permit for alleged Tenant Delay within two (2) Business Days after Tenant has received such Work, and (iii) September 1, 2006notice.

Commencement Date. The “Commencement Date” for each term of Premises A, Premises B and Premises C this Lease shall be for FORTY-ONE (41) MONTHS unless sooner terminated as hereinafter provided, commencing on the Scheduled Commencement Dates set forth date which is the earlier of: (a) the date on which the Premises are Substantially Complete (as hereinafter defined); or (b) the date that Tenant opens for business in Section 1.1the Premises; (or, Notwithstanding at Landlord's election, upon the foregoingfirst day of the first full month following the earlier to occur of (a) or (b) above). The Premises shall be deemed to be "Substantially Complete" on the earliest of the date on which: (1) Landlord files or causes to be filed with the City of Pleasanton (the "City"), if Tenant’s personnel shall occupy required, and delivers to Tenant an architect's notice of substantial completion, or similar written notice that the Premises are substantially complete (and the Tenant Improvements have been substantially completed), (2) Tenant first occupies all or any part portion of the Premises Premises, or (3) a certificate of occupancy (or a reasonably substantial equivalent such as a signoff from a building inspector or a temporary certificate of occupancy) is issued for the conduct Premises. 1.1.1 The date that the Lease commences in accordance with this Article 1 shall be referred to herein as the "Commencement Date". If either of its business prior to the applicable Commencement Date as determined pursuant to events described in Paragraph 1.1 (a) or (b) occurs on the preceding sentencefirst day of a month, such that date of occupancy shall, for all purposes of this Lease, shall be the Commencement Date for Premises A, Premises B or Premises C as, applicable. Promptly upon of this Lease. 1.1.2 On and after the occurrence of the Premises B/C Commencement Date, landlord the Lease shall continue in full force and effect for the period of time specified as the Term or until this Lease is terminated as otherwise provided herein. As soon as the Commencement Date is determined, Tenant shall execute and deliver a letter designating the commencement dates for Premises A, Premises B and Premises C substantially Commencement Date Memorandum in the form attached hereto as Exhibit CF acknowledging, but among other things, the (a) Commencement Date, (b) scheduled termination date of this Lease and (c) Tenant's acceptance of the Premises. The Tenant's failure by either party to execute and deliver such a letter shall have no effect on the commencement dates, as hereinabove determined. Notwithstanding anything to the contrary contained herein, in the event Tenant is unable to obtain a building permit on or before July 15, 2006 for the Work (as defined in Exhibit E attached hereto) to be performed in Premises B and/or Premises C, and Tenant filed for such permit immediately following Landlord’s approval of the Working Drawings for such Work and exercised all reasonable and diligent efforts to obtain such permit, and as a result thereof the Work to be performed in Premises B and/or Premises C is not substantially completed prior to the Premises B/C Commencement Date specified Memorandum shall not affect Tenant's liability hereunder. 1.1.3 Reference in Section 1.1 above, then the Premises B/C Commencement Date this Lease to a "Lease Year" shall be extended to the date that is the earliest of (i) the date on which such Work is substantially completed, (ii) the Premises B/C Commencement Date specified in Section 1.1 above plus the number of days in the mean each successive twelve month period commencing on July 16, 2006 and ending on with the date on which Tenant receives the building permit for such Work, and (iii) September 1, 2006Commencement Date.

Commencement Date. The “term of this Lease ("Lease Term") shall be ----------------- for twelve (12) years beginning on the earlier of (i) the first date on which Lessee occupies or conducts business at the Premises or (ii) the date on which a Certificate of Occupancy is issued affecting the Building and the Seaport Boulevard improvements, the baseball and soccer fields and the amenities/athletic facility have been substantially completed (the "Commencement Date” ") provided that, (A) for each day of Premises Adelay by Lessee in failing to approve the interior schematic drawings or the Working Drawings when required under Section 2.04(d), Premises B and Premises C shall be or (B) for each day of delay by Lessee in failing to approve the Scheduled Commencement Dates set forth Budget, in writing, within fourteen (14) days after delivery by the General Contractor as provided in Section 1.12.04(d), Notwithstanding the foregoing, if Tenant’s personnel shall occupy all or (C) for each day of delay caused by any part of the Premises for the conduct of its business prior changes to the applicable Commencement Date as determined pursuant approved Working Drawings requested by Lessee, or (D) for each day that any other act or omission by Lessee causes the construction schedule for Tenant Improvements to the preceding sentencebe delayed provided that Lessor gives Lessee written notice of such Lessee Delay within five (5) business days after its occurrence (collectively "Lessee Delay"), such date of occupancy shall, for all purposes of this Lease, be the Commencement Date for Premises A, Premises B or Premises C as, applicable. Promptly upon the occurrence shall occur one (1) day in advance of the Premises B/C date of the Certificate of Occupancy for each such day of delay. For example, if seven (7) days of Lessee Delay causes the date of issuance of the Certificate of Occupancy to occur on April 8, 2001 rather than April 1, 2001, the Commencement Date shall be April 1, 2001 for all purposes, including payment of Base Rent and Additional Rent. The Lease Term shall expire, unless sooner terminated or extended as provided herein, on the date which completes twelve years after the Commencement Date occurs or is deemed to have occurred, e.g. if the date on which the Certificate of Occupancy is issued or deemed to be issued for the Building is April 1, 2001, the Lease Term shall expire on March 31, 2013 and if that date is April 3, 2001, the Lease Term shall expire on April 2, 2013 ("Expiration Date, landlord and Tenant "). The parties shall execute a "Memorandum of Commencement of Lease Term" when the Commencement Date becomes known, which shall include a certification of the actual Rentable Area of the Building determined by the methodology described in Section 2.01. and deliver a letter designating the commencement dates for Premises Aactual monthly installments of Base Rent to be paid pursuant to Section 4.01., Premises B and Premises C shall be substantially in the form attached hereto as Exhibit C, but the failure by either party to execute and deliver such a letter shall have no effect on the commencement dates, as hereinabove determined. Notwithstanding anything to the contrary contained herein, in the event Tenant is unable to obtain a building permit on or before July 15, 2006 for the Work (as defined in Exhibit E attached hereto) to be performed in Premises B and/or Premises C, and Tenant filed for such permit immediately following Landlord’s approval of the Working Drawings for such Work and exercised all reasonable and diligent efforts to obtain such permit, and as a result thereof the Work to be performed in Premises B and/or Premises C is not substantially completed prior to the Premises B/C Commencement Date specified in Section 1.1 above, then the Premises B/C Commencement Date shall be extended to the date that is the earliest of (i) the date on which such Work is substantially completed, (ii) the Premises B/C Commencement Date specified in Section 1.1 above plus the number of days in the period commencing on July 16, 2006 and ending on the date on which Tenant receives the building permit for such Work, and (iii) September 1, 2006."E."

Commencement Date. The “Commencement Date” for each term of Premises A, Premises B and Premises C this Lease ("Lease Term") shall be for the Scheduled Commencement Dates period specified in Paragraph 1.5 above, commencing on the date set forth in Section 1.1Paragraph 1.6 ("Commencement Date"); provided, Notwithstanding however, in the foregoingevent any improvements to be constructed by Landlord, if Tenant’s personnel shall occupy all as set forth on Exhibit C, are not completed by the aforesaid Commencement Date or any part of the Premises for the conduct of its business are completed prior to the applicable such Commencement Date as determined pursuant to the preceding sentenceDate, such date of occupancy shall, for all purposes of this Lease, be then the Commencement Date for Premises A, Premises B or Premises C as, applicableshall be deemed to be the date on which the improvements to be constructed by Landlord are substantially completed. Promptly Such improvements shall be deemed to be substantially completed upon the occurrence of the earlier of the following: (a) The date on which all improvements to be constructed by Landlord have been substantially completed except for punch list items which do not prevent Tenant from using the Premises B/C for its intended use, and the appropriate governmental approvals for occupancy of the Premises have been issued; or (b) The date on which all improvements to be constructed by Landlord would have been substantially completed except for such work as Landlord is required to perform but which is delayed because of any of the following (each, a "Tenant Delay"): (i) fault or neglect of Tenant, acts of Tenant or Tenant's agents (including without limitation delays caused by work done on the Premises by Tenant or Tenant's agents or by acts of Tenant's contractors or subcontractors); (ii) delays caused by change orders requested by Tenant or required because of any errors or omissions in plans submitted by Tenant; and (iii) such work as Landlord is required to perform but cannot complete until Tenant performs necessary portions of construction work it has elected or is required to do; or (c) The date Tenant opens for business in the Premises. If the improvements to be constructed by Landlord are deemed to be substantially completed pursuant to Paragraph 3.1(b) above, Tenant acknowledges that the Commencement Date shall occur, and therefore Tenant's obligation to pay Rentals shall commence, earlier than the date of actual completion of such improvements. The improvements to be constructed by Landlord shall be deemed to be substantially completed one day earlier than the date of actual completion for each day that actual completion is delayed by reason of a Tenant Delay. If the Commencement Date is a date other than the date set forth in Paragraph 1.6, then the Ending Date set forth in Paragraph 1.7, the rental adjustment dates set forth in Paragraph 1.8 and any other certain dates specified herein shall be adjusted accordingly. When the Commencement Date, landlord Ending Date, rental adjustment dates, and such other dates become ascertainable, Landlord and Tenant shall specify the same in writing, in the form of the attached Exhibit D, which writing shall be deemed incorporated herein. Tenant's failure to execute and deliver a the letter designating the commencement dates for Premises A, Premises B and Premises C substantially in the form attached hereto as Exhibit CD within thirty (30) days after Tenant receives written request from Landlord to do so (subject to any legitimate disagreement by Tenant with the terms thereof, but the failure which both parties shall use reasonable efforts to resolve) shall be a Default by either party to execute and deliver such a letter shall have no effect on the commencement dates, as hereinabove determinedTenant hereunder. Notwithstanding anything to the contrary contained herein, in the event Tenant is unable to obtain a building permit on or before July 15, 2006 for the Work (as defined in Exhibit E attached hereto) to be performed in Premises B and/or Premises C, and Tenant filed for such permit immediately following Landlord’s approval The expiration of the Working Drawings for such Work and exercised all reasonable and diligent efforts Lease Term or sooner termination of this Lease is referred to obtain such permit, and herein as a result thereof the Work to be performed in Premises B and/or Premises C is not substantially completed prior to the Premises B/C Commencement Date specified in Section 1.1 above, then the Premises B/C Commencement Date shall be extended to the date that is the earliest of (i) the date on which such Work is substantially completed, (ii) the Premises B/C Commencement Date specified in Section 1.1 above plus the number of days in the period commencing on July 16, 2006 and ending on the date on which Tenant receives the building permit for such Work, and (iii) September 1, 2006"Lease Termination".

Commencement Date. The term of this Lease (the “Commencement Date” for each Term”) shall commence (i) with respect to the 2007 Space, on the earlier to occur of Premises A, Premises B and Premises C shall be (a) the Scheduled Commencement Dates set forth in Section 1.1, Notwithstanding date which is four (4) months after the foregoing, if Tenant’s personnel shall occupy all Delivery Date or (b) the date on which Tenant takes possession of or occupies any part portion of the Premises 2007 Space for the conduct of its business prior (the “2007 Space Commencement Date”), and (ii) with respect to the applicable 2008 Space, on the earlier to occur of (a) August 1, 2008 or the date which is four (4) months after the Delivery Date, whichever comes later, or (b) the date on which Tenant takes possession of or occupies any portion of the 2008 Space for the conduct of its business (the “2008 Space Commencement Date as determined Date”), subject to Section 3.2 below, and shall end on the Termination Date, unless sooner permissibly terminated pursuant to the preceding sentence, such date of occupancy shall, for all purposes terms of this Lease, be . Promptly following each of the 2007 Space Commencement Date for Premises A, Premises B or Premises C as, applicable. Promptly upon and the occurrence of the Premises B/C 2008 Space Commencement Date, landlord Landlord and Tenant shall execute confirm the 2007 Space Commencement Date and deliver the 2008 Space Commencement Date and the Termination Date by executing and delivering a letter designating the commencement dates for Premises A, Premises B and Premises C substantially Memorandum of Commencement Date in the form attached hereto as Exhibit C, but the failure by either party “D”. If Tenant fails to execute and deliver such a letter shall have no effect on the commencement dates, as hereinabove determined. Notwithstanding anything Memorandum of Commencement Date to the contrary contained herein, in the event Tenant is unable to obtain a building permit on or before July 15, 2006 for the Work Landlord within ten (as defined in Exhibit E attached hereto10) to be performed in Premises B and/or Premises C, and Tenant filed for such permit immediately following days after Landlord’s approval request, which failure continues for at least ten (10) days after a second written request from Landlord after the lapse of the Working Drawings for such Work and exercised all reasonable and diligent efforts to obtain such permit, and as a result thereof the Work to be performed in Premises B and/or Premises C is not substantially completed prior to the Premises B/C Commencement Date specified in Section 1.1 abovefirst 10 day period, then the Premises B/C 2007 Space Commencement Date (or the 2008 Space Commencement Date, as applicable) and Termination Date shall be extended to the date that is the earliest of (i) the date on which such Work is substantially completed, (ii) the Premises B/C Commencement Date specified in Section 1.1 above plus the number of days in the period commencing on July 16, 2006 and ending on the date on which Tenant receives the building permit for such Work, and (iii) September 1, 2006dates designated by Landlord.

Commencement Date. The “"Commencement Date” for each " of Premises A, Premises B and Premises C this Lease shall be the Scheduled earlier of (a) the date Lessee commences business operations in the Premises, or (b) the date Lessor delivers possession of the Premises to Lessee with Lessor's Work substantially completed. For purposes hereof Lessor's Work shall be EXHIBIT B deemed "substantially completed" when the Contractor completes the Lessor's Work pursuant to the Working Drawings, minor punch-list and decorative items excepted, and Lessor receives a temporary certificate of occupancy (or its equivalent) issued by the City of Santa Fe Springs permitting occupancy of the Premises. The parties estimate that Lessor's Work will be substantially completed and the Commencement Dates Date will occur on or about February 15, 1997; provided, however, if for any reason Lessor cannot deliver possession of the Premises to Lessee with Lessor's Work substantially completed by such date, then Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or provide Lessee with a right to terminate this Lease (subject, however, to Lessee's termination right in Paragraph 5 below), but in such case, Lessee's sole remedy (subject to Paragraph 5 below) shall be the extension of the Commencement Date until the earlier of the two dates set forth in Section 1.1, Paragraphs 3(a) and (b) above. Notwithstanding the foregoingforegoing provisions of this Paragraph 3 to the contrary, if Tenant’s personnel shall occupy all or any part to the extent Lessor is delayed in delivering possession of the Premises for the conduct of its business prior to the applicable Commencement Date as determined pursuant to the preceding sentence, such date of occupancy shall, for all purposes of this Lease, be the Commencement Date for Premises A, Premises B or Premises C as, applicable. Promptly upon the occurrence of the Premises B/C Commencement Date, landlord and Tenant shall execute and deliver a letter designating the commencement dates for Premises A, Premises B and Premises C Lessee with Lessor's Work substantially in the form attached hereto as Exhibit C, but the failure by either party to execute and deliver such a letter shall have no effect on the commencement dates, as hereinabove determined. Notwithstanding anything to the contrary contained herein, in the event Tenant is unable to obtain a building permit on or before July 15, 2006 for the Work (as defined in Exhibit E attached hereto) to be performed in Premises B and/or Premises C, and Tenant filed for such permit immediately following Landlord’s approval of the Working Drawings for such Work and exercised all reasonable and diligent efforts to obtain such permit, and completed as a result thereof of any delays caused by the Work to be performed in Premises B and/or Premises C is not substantially completed prior to the Premises B/C Commencement Date specified in Section 1.1 aboveacts, changes or omissions of Lessee or Lessee's agents, architects, engineers, contractors or employees or any improvements, fixtures, furniture or equipment constructed or installed by Lessee (collectively "Tenant Delays"), then the Premises B/C Commencement Date shall be extended accelerated to the date that is the earliest of (i) the date on which such Work is substantially completed, (ii) the Premises B/C Commencement Date specified in Section 1.1 above plus the number of days in the period commencing on July 16, 2006 and ending on the date on which Tenant receives the building permit would have occurred but for such WorkTenant Delays; provided, however, that no Tenant Delay shall be deemed to occur unless and until Lessor has provided notice to Lessee (iiithe "Delay Notice") September specifying the action or inaction by Lessee which Lessor contends constitutes the Tenant Delay. If such action or inaction is not cured by Lessee within one (1) business day of receipt of such Delay Notice (the "Grace Period"), 2006then a Tenant Delay, as set forth in such Delay Notice, shall be deemed to have occurred commencing as of the expiration of the Grace Period; provided that Lessee shall only be permitted an aggregate of three (3) days of Grace Period and, thereafter, a Tenant Delay shall commence upon delivery of the Delay Notice to Lessee.

Commencement Date. The “Notwithstanding any other provision of the Lease, the "Commencement Date” for each of Premises A, Premises B and Premises C " shall be the Scheduled Commencement Dates set forth earliest date on which a, b, and c of the following events shall have occurred, but in Section 1.1no event later than August 1, Notwithstanding 2000: (a) Landlord shall have substantially completed the foregoingTenant Improvement work in accordance with the provisions of the Lease, it being agreed that the Tenant Improvement work shall be substantially completed when Tenant's Architect certifies in writing to Landlord and Tenant that, in Tenant's Architect's good faith professional judgment, the Tenant Improvement work is completed except for minor punchlist-type items of a nature that such items can be promptly completed with only minor inconvenience to Tenant. (b) A temporary certificate of occupancy for the Premises (and all other governmental permits, approvals and certificates, if Tenant’s personnel any, required by applicable law, excluding, however, any business licenses necessary for Tenant to operate its business, which licenses Tenant shall occupy all or any part of be obligated to obtain) sufficient to permit Tenant to gain access to the Premises and to possess and lawfully use the Premises for the conduct of its business prior to purpose described in the applicable Commencement Date as determined pursuant to the preceding sentence, such date of occupancy shall, for all purposes of this Lease, shall have been issued and shall be in full force and effect; and (c) Landlord shall have tendered possession of the Premises to Tenant cleaned, free of debris and suitable for occupancy. (d) Tenant understands that for each and every day that the Commencement Date for Premises A, Premises B or Premises C as, applicable. Promptly upon the occurrence does not occur as a result of the Premises B/C Commencement Date, landlord and a Tenant shall execute and deliver a letter designating the commencement dates for Premises A, Premises B and Premises C substantially in the form attached hereto as Exhibit C, but the failure by either party to execute and deliver such a letter shall have no effect on the commencement dates, as hereinabove determined. Notwithstanding anything to the contrary contained herein, in the event Tenant is unable to obtain a building permit on or before July 15, 2006 for the Work Delay (as defined in Exhibit E attached hereto) to be performed in Premises B paragraph 10 above), and/or Premises CForce Majeure delay, and Tenant filed for such permit immediately following Landlord’s approval of the Working Drawings for such Work and exercised all reasonable and diligent efforts to obtain such permit, and as a result thereof the Work to be performed in Premises B and/or Premises C is not substantially completed prior to the Premises B/C Commencement Date specified in Section 1.1 above, then the Premises B/C Commencement Date shall be extended moved forward by one (1) day with no penalty to Landlord; however, Tenant shall pay rent including operating expenses and taxes for each day by which the Commencement Date is delayed as measured from August 1, 2000 if caused by Tenant delay. (e) Landlord understands that for each and every day that the Commencement Date does not occur, for any reason whatsoever other than that as a result of either a Tenant Delay or a Force Majeure Delay (as defined below) (each such day of delay for any other reason other than a Tenant delay or a Force Majeure Delay being herein referred to as a "Landlord Delay"), the Tenant shall receive rental abatement, including operating expenses and taxes for each multiplied by one (1) day by which the Commencement Date is delayed as measured from August 1, 2000. (f) Landlord agrees to promptly notify Tenant in writing of any act or omission which Landlord believes may result in a Tenant Delay or Force Majeure Delay. Tenant agrees to promptly notify Landlord in writing of any act or omission which Tenant believes may result in a Landlord Delay. The mere sending of any such notice shall not conclusively determine the existence of a Tenant Delay, Force Majeure Delay, or a Landlord Delay. (g) As used in the Lease, "Force Majeure Delay" shall mean a delay caused by any one or combination of the following events of "Force Majeure": on-site accident, on-site casualty, act of God, on-site explosion, war, invasion, insurrection, riot, mob violence, sabotage, strikes, lockouts, labor disputes, condemnation, governmental restrictions first adopted and effective after the date that is the earliest of (i) Lease has been signed and delivered or laws first adopted and effective after the date on which such Work is substantially completedthe Lease has been signed and delivered, (ii) the Premises B/C Commencement Date specified in Section 1.1 above plus the number shortages of days in the period commencing on July 16, 2006 materials and ending on the date on which Tenant receives the building permit for such Work, and (iii) September 1, 2006contractor's delays.

Commencement Date. The “term of this Lease ("Lease Term") shall be for twelve years and six months (12 yrs. 6 months) beginning on the earlier of (i) the date a Certificate of Occupancy first is issued affecting the Building, or (ii) the date on which Lessee first occupies or conducts business at the Premises (the "Commencement Date” ") provided that, (i) for each day of Premises Adelay by Lessee in failing to approve the interior schematic drawings or the Working Drawings when required under Section 2.04(d), Premises B and Premises C shall be or (ii) for each day of delay by Lessee in failing to approve the Scheduled Commencement Dates set forth Budget, in writing, within ten (10) business days after delivery by the General Contractor as provided in Section 1.12.04(d), Notwithstanding the foregoing, if Tenant’s personnel shall occupy all or (iii) for each day of delay caused by any part of the Premises for the conduct of its business prior changes to the applicable Commencement Date as determined pursuant approved Working Drawings requested by Lessee, or (iv) for each day that any other act or omission by Lessee causes the construction schedule for Tenant Improvements to the preceding sentencebe delayed (collectively "Lessee Delay"), such date of occupancy shall, for all purposes of this Lease, be the Commencement Date for Premises A, Premises B or Premises C as, applicable. Promptly upon the occurrence shall occur one (1) day in advance of the Premises B/C date of the Certificate of Occupancy for each such day of delay, provided that, in no event shall Lessee Delay be used to advance the Commencement Date to a date earlier than April 1, 2001. For example, if seven (7) days of Lessee Delay causes the date of issuance of the Certificate of Occupancy to occur on April 8, 2001 rather than April 1, 2001, the Commencement Date shall be April 1, 2001 for all purposes, including payment of Base Rent and Additional Rent. The Lease Term shall expire, unless sooner terminated or extended as provided herein, on the date which completes twelve years and six months after the Commencement Date occurs or is deemed to have occurred, e.g. if the date on which the Certificate of Occupancy is issued or deemed to be issued for the Building is April 1, 2001, the Lease Term shall expire on September 30, 2013 and if that date is April 3, 2001, the Lease Term shall expire on October 2, 2013 ("Expiration Date, landlord and Tenant "). The parties shall execute a "Memorandum of Commencement of Lease Term" when the Commencement Date becomes known, which shall include a certification of the actual Rentable Area of the Building determined by the methodology described in Section 2.01. and deliver a letter designating the commencement dates for Premises Aactual monthly installments of Base Rent to be paid pursuant to Section 4.01., Premises B and Premises C shall be substantially in the form attached hereto as Exhibit C, but the failure by either party to execute and deliver such a letter shall have no effect on the commencement dates, as hereinabove determined. Notwithstanding anything to the contrary contained herein, in the event Tenant is unable to obtain a building permit on or before July 15, 2006 for the Work (as defined in Exhibit E attached hereto) to be performed in Premises B and/or Premises C, and Tenant filed for such permit immediately following Landlord’s approval of the Working Drawings for such Work and exercised all reasonable and diligent efforts to obtain such permit, and as a result thereof the Work to be performed in Premises B and/or Premises C is not substantially completed prior to the Premises B/C Commencement Date specified in Section 1.1 above, then the Premises B/C Commencement Date shall be extended to the date that is the earliest of (i) the date on which such Work is substantially completed, (ii) the Premises B/C Commencement Date specified in Section 1.1 above plus the number of days in the period commencing on July 16, 2006 and ending on the date on which Tenant receives the building permit for such Work, and (iii) September 1, 2006."E."

Commencement Date. Tenant shall have and hold the same Premises, without any liability or obligation on the part of Landlord to make any alterations, improvements or repairs of any kind in or about the Premises, except as expressly provided herein, for the Term set forth on the Data Sheet, unless sooner terminated in the manner provided herein. The “Term hereof shall commence on the Commencement Date” for each of Premises A. The "Targeted Delivery Date" is January 1, Premises B and Premises C 1998. For purposes hereof, the Delivery Date shall be the Scheduled Commencement Dates date that Tenant, if Tenant elects to construct its tenant improvements ("Tenant Work"), is provided access to the Premises for purposes of commencing Tenant Work. The Delivery Date shall not occur until the Premises are in substantial compliance with the minimum shell requirement conditions more particularly set forth on Exhibit "H" attached hereto. If Landlord is unable to give possession of the Premises on the Targeted Delivery Date because the construction of the Facility or the completion of Landlord's Improvements in Section 1.1the Premises has not been sufficiently completed to comply with the terms of Exhibit "H", Notwithstanding or for any reason, Landlord shall not be subject to any claims, damages or liabilities for the foregoingfailure to give possession on said date (except as specifically set forth below) provided, however in the event the Delivery Date does not occur on or before February 15, 1998, Tenant shall, upon notice to Landlord given on or before February 25, 1998, terminate this Lease effective upon Landlord's receipt of the Notice unless the Delivery Date occurs prior to the tolling of said notice period, in which event the Lease shall remain in full force and effect. In the event that prior to February 15, 1998 Landlord notifies Tenant of a delay in the Delivery Date beyond February 15, 1998 and sets forth a revised specific Delivery Date ("Revised Date"), Tenant within ten (10) days of the date of said notice may (i) terminate the Lease, or (ii) accept said Revised Date as the new Delivery Date as if said Revised Date were the date originally set forth as the Delivery Date. In the event Tenant terminates the Lease, Landlord shall not be liable for damages or subject to claims or liabilities, however, if (i) the delay was the result of reasons beyond the reasonable control of Landlord ("Force Majeure"), in such event Landlord shall be responsible for the Holdover Penalties (as defined below) suffered by Tenant through (x) the date the Tenant occupies a new premises, (y) the date Tenant renews its Lease in its existing premises, or (z) the date twelve (12) weeks after the actual Delivery Date of the Premises, whichever is earlier, or (ii) in the event the delay was not the result of Force Majeure, Landlord shall be responsible for payment of the Holdover Penalty through the earlier to occur of (x) or (y) above. In the event Tenant selects Landlord's contractor to perform the Tenant Work, the Commencement Date shall be April 1, 1998, provided the Premises are substantially completed on or before April 1, 1998 and Landlord obtains a certificate of occupancy (whether full or partial, permanent or temporary) for the Premises on or before April 1, 1998. Substantial completion of the Premises shall be evidenced by the issuance of a certificate of occupancy (whether full or partial, temporary or permanent) for the Premises. If Landlord's contractor performs Tenant’s personnel 's Work, the rent reserved and covenant to pay same shall not commence until the later of (i) April 1, 1998, or (ii) the Commencement Date, even if occupancy of the Premises is delivered prior to April 1, 1998. If Tenant selects a contractor other than Landlord's contractor to perform Tenant Work, the Rent reserved and covenant to pay same shall commence on April 1, 1998 unless the Delivery Date has not occurred on or before January 1, 1998, in which event the Commencement Date shall be the later of (i) April 1, 1998, or (ii) twelve (12) weeks from the Delivery Date. Tenant shall have the right to occupy all or any part the Premises on March 1, 1997 without payment of Rent other than utility costs. In the event (i) Landlord fails to deliver possession of the Premises for commencement of Tenant Work on or before the conduct of its business prior Targeted Delivery Date, or Revised Date, or (ii) Landlord's contractor is performing the Tenant Work and the Premises are not substantially completed and ready for occupancy by Tenant on or before April 1, 1998 and the delay is not due to the applicable Commencement Date as determined pursuant action or inaction of Tenant, Landlord shall not be liable for damages or subject to the preceding sentence, such date of occupancy shall, for any claims or liabilities however Landlord agrees to reimburse to Tenant all purposes of this Lease, be the Commencement Date for Premises A, Premises B or Premises C as, applicable. Promptly upon the occurrence costs directly resulting solely from either Landlord's failure to deliver possession of the Premises B/C Commencement to Tenant on or before January 1, 1998, or Landlord's failure to deliver occupancy of the Premises by April 1, 1998 including but not limited to the amount of Tenant's rent and other lease charges in excess of the amounts due from Tenant under its existing lease immediately prior to April 1, 1998 ("Holdover Penalty"). Failure to give possession of the Premises on or before April 1, 1998 shall in no way affect the validity of this Lease or the obligations of Tenant hereunder. In the event that there is no Revised Date, landlord Landlord's contractor is performing the improvements and Tenant shall execute and deliver a letter designating the commencement dates for Premises A, Premises B and Premises C substantially in the form attached hereto as Exhibit C, but the failure by either party to execute and deliver such a letter shall have no effect on the commencement dates, as hereinabove determined. Notwithstanding anything to the contrary contained herein, in the event Tenant Landlord is unable to obtain a building permit deliver occupancy of the Premises to Tenant on or before July 151, 2006 for 1998, Tenant's sole remedy shall be the Work Holdover Penalty set forth hereinabove plus termination of this Lease upon five (as defined 5) days written notice to Landlord given on or before July 5, 1998. Landlord's obligation to pay Holdover Penalties shall terminate on the earliest date that Tenant could move into replacement premises or executes an amended lease in Exhibit E attached hereto) its present premises. Whenever in this Lease Landlord is obligated to be performed in Premises B and/or Premises Cpay a Holdover Penalty, and Tenant filed for such permit immediately following Landlord’s approval of the Working Drawings for such Work and exercised agrees it shall use all reasonable and diligent efforts to obtain such permit, minimize the amount of Holdover Penalty and as to expeditiously enter into a result thereof new lease or renew its existing lease so that the Work damages to be performed in Premises B and/or Premises C is not substantially completed prior to the Premises B/C Commencement Date specified in Section 1.1 above, then the Premises B/C Commencement Date shall be extended to the date that is the earliest of (i) the date on which such Work is substantially completed, (ii) the Premises B/C Commencement Date specified in Section 1.1 above plus the number of days in the period commencing on July 16, 2006 and ending on the date on which Tenant receives the building permit for such Work, and (iii) September 1, 2006Landlord are mitigated.

Commencement Date. (a) Landlord, on behalf of Tenant, shall cause the Leasehold Improvements to be substantially completed in accordance with the Approved Plans and possession of the Premises to be delivered to Tenant on or before the date reasonably established by Landlord and announced to Tenant in writing as provided in Section 3.01(c) above (such date, the "Target Delivery Date", currently estimated to be thirty (30) business days following Final Plan Approval Date) and issuance of a building permit therefor, subject, however, to the effect of Section 3.01(c) hereof; provided, however, that Landlord will make every reasonable effort to assure completion of Phase I, as defined by the approved plans, fourteen (14) days following final plan approval date. The “term of this Lease and the obligations of the parties hereto shall commence on a date (hereinafter referred to as the "Commencement Date” for each of Premises A, Premises B and Premises C ") which shall be the Scheduled sooner of (a) the date Tenant commences operation of its business in all or any portion of the Premises; or (b) the date that the Leasehold Improvements have been "substantially completed". (b) For purposes of this Article 3, the Leasehold Improvements shall be deemed substantially completed when the Architect certifies to Landlord and Tenant in writing that the Leasehold Improvements have been completed in accordance with the Approved Plans, subject only to normal punchlist items. Landlord shall cause such general contractor or subcontractors to complete any outstanding punchlist items reasonably promptly following the Commencement Dates set forth in Section 1.1, Date. (c) Notwithstanding the foregoing, if Tenant’s personnel shall occupy all or any part of the Premises for the conduct of its business prior to the applicable Commencement Date as determined pursuant to the preceding sentence, such date of occupancy shall, for all purposes of this Lease, be the Commencement Date for Premises A, Premises B or Premises C as, applicable. Promptly upon the occurrence of the Premises B/C Commencement Date, landlord and Tenant shall execute and deliver a letter designating the commencement dates for Premises A, Premises B and Premises C Leasehold Improvements are not substantially in the form attached hereto as Exhibit C, but the failure by either party to execute and deliver such a letter shall have no effect on the commencement dates, as hereinabove determined. Notwithstanding anything to the contrary contained herein, in the event Tenant is unable to obtain a building permit completed on or before July 15, 2006 for the Work (as defined in Exhibit E attached hereto) to be performed in Premises B and/or Premises C, and Tenant filed for such permit immediately following Landlord’s approval of the Working Drawings for such Work and exercised all reasonable and diligent efforts to obtain such permit, and as a result thereof the Work to be performed in Premises B and/or Premises C is not substantially completed prior to the Premises B/C Commencement Date specified in Section 1.1 aboveTarget Delivery Date, then the Premises B/C Commencement Target Delivery Date shall be extended to the date that is the earliest of (i) the date on which such Work is substantially completed, (ii) the Premises B/C Commencement Date specified in Section 1.1 above plus by the number of days of construction delay in achieving substantial completion resulting from any "Force Majeure Delay" or "Tenant Delay" (as such terms are defined in Section 3.03), subject to the period commencing on July 16, 2006 and ending on the date on which Tenant receives the building permit for such Work, and (iii) September 1, 2006operation of Section 3.03.

Commencement Date. (a) The “Commencement Date” for each of Premises A, Premises B and Premises C Date shall be targeted for the Scheduled Commencement Dates date set forth in Section 1.12.03 hereof, Notwithstanding the foregoing, if Tenant’s personnel but shall occupy all or any part of the Premises for the conduct of its business prior to the applicable Commencement Date as determined pursuant to the preceding sentence, such date of occupancy shall, for all purposes of this Lease, be the Commencement Date for Premises A, Premises B or Premises C as, applicable. Promptly upon the occurrence of the Premises B/C Commencement Date, landlord and Tenant shall execute and deliver a letter designating the commencement dates for Premises A, Premises B and Premises C substantially in the form attached hereto as Exhibit C, but the failure by either party to execute and deliver such a letter shall have no effect on the commencement dates, as hereinabove determined. Notwithstanding anything to the contrary contained herein, in the event Tenant is unable to obtain a building permit on or before July 15, 2006 for the Work (as defined in Exhibit E attached hereto) to be performed in Premises B and/or Premises C, and Tenant filed for such permit immediately following Landlord’s approval of the Working Drawings for such Work and exercised all reasonable and diligent efforts to obtain such permit, and as a result thereof the Work to be performed in Premises B and/or Premises C is not substantially completed prior to the Premises B/C Commencement Date specified in Section 1.1 above, then the Premises B/C Commencement Date shall be extended to the date that is the earliest of earlier of: (i) the date on which such the Tenant Work is substantially completed, completed and Tenant can take occupancy of the Demised Premises; or (ii) the Premises B/C day on which Landlord obtains a Certificate of Occupancy (temporary or final) or other form of governmental approval permitting Tenant's occupancy of the Demised Premises; or (iii) the day on which Tenant takes occupancy of the Demised Premises; provided that Landlord is not unreasonably delayed in the completion of Tenant Work due to Tenant's Work Changes to the Plans and Specifications, Additional Work requests or Tenant's delays in giving necessary approvals, in which case the Commencement Date specified in Section 1.1 above plus will be accelerated by the number of any such days of delay. Landlord shall inform Tenant of the anticipated dates on which it expects to install the carpet in the period commencing on July 16Demised Premises so that Tenant may install its furniture (the "Carpet Install Date"), 2006 and ending on substantially complete the Tenant Work and/or receive a Certificate of Occupancy (temporary or final). Notwithstanding the foregoing, Tenant may elect to delay its occupancy of the Demised Premises for the purpose of conducting its normal business operations, and thus delay the Commencement Date as follows: (i) In the event the Carpet Install Date is prior to May 20, 2005 and the Commencement Date would have otherwise occurred prior to June 1, 2005, Tenant may elect to delay taking occupancy of the Demised Premises (but may install its furniture and equipment), and thus delay the Commencement Date to the date on which Tenant receives takes occupancy of the building permit for such WorkDemised Premises, but in no event later than June 1, 2005; (ii) In the event the Carpet Install Date is later than May 20, 2005 but prior to June 1, 2005, Tenant may elect to delay taking occupancy of the Demised Premises (but may install its furniture and equipment), and thus delay the Commencement Date to the date Tenant takes occupancy of the Demised Premises, but in no event later than July 1, 2005 provided that Tenant is obligated to pay, and does pay, Holdover Rent (as defined in Section 4.02 (b) below) for the month of June 2005; and (iii) September In the event the Commencement Date would have otherwise occurred later than June 1, 20062005 but prior to July 1, 2005, Tenant may elect to delay taking occupancy of the Demised Premises (but may install its furniture and equipment), and thus delay the Commencement Date to the date Tenant takes occupancy of the Demised Premises, but in no event later than July 1, 2005, provided that Tenant is obligated to pay, and does pay, Holdover Rent (as defined in Section 4.02 (b) below) for the month of June. (b) In the event Landlord does not substantially complete the Tenant Work or obtain a Certificate of Occupancy (or other form of governmental approval permitting Tenant's occupancy of the Demised Premises) by no later than July 1, 2005 (the "Outside Completion Date"), which date shall be extended on a day-for-day basis for (1) each day of "Force Majeure," as defined herein, or (2) for each day of delay caused by Tenant as described above or (3) for each day of delay attributable to governmental officials providing approvals, and as a result, Tenant can not take occupancy of the Demised Premises for the purpose of conducting its normal business operations, provided such delay is not attributable to Landlord's delay, then Tenant shall be entitled to additional Base Rent credits as follows: For each day beyond the Outside Completion Date that Tenant is obligated to pay a holdover rent payment above the rent otherwise due under its current lease at ▇▇-▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇, Fairlawn, New Jersey, which Tenant represents the holdover payment to be a maximum of $22,128 per month (the "Holdover Rent"), then Landlord agrees to absorb the Holdover Rent and will provide Tenant with a per diem rent credit not to exceed $737.60 per day, subject to Landlord's receipt of paid rent substantiating the Holdover Rent (for example, if the Outside Completion Date is not met by 5 days, but Tenant is obligated to pay a full month's rent plus the Holdover Rent of $22,128, then Landlord will provide for Base rent credits of $22,128; however, if Tenant is only obligated to pay 5 days of holdover rent, then Landlord will provide Base Rent credits of $3,688). (c) After the commencement of the Term, Landlord and Tenant shall promptly execute, acknowledge and deliver to each other the Commencement Date Memorandum attached hereto as Exhibit G, which confirms the actual Commencement and Expiration Dates of the Lease.

Commencement Date. The “earlier of (a) (i) if Landlord is not designated by Tenant to perform Tenant's Work, six (6) months from the completion of the core and shell of the Building to the extent necessary so that Tenant may commence Tenant's Work, together with the 5 delivery of Architect's Certificate, or (ii) if Landlord is designated to perform Tenant's Work, the date on which Landlord Substantially Completes Tenant's Work and delivers the Demised Premises to Tenant, provided, however, that in the case of (i) or (ii) above, the Commencement Date” Date shall not occur prior to the thirtieth (30th) day after delivery of the Commencement Notice, nor earlier than January 1, 1999, (b) the date Tenant, or anyone claiming under or through Tenant, first occupies the Demised Premises or any part thereof and is open for each of Premises Abusiness, Premises B and Premises C provided that in such event, the Commencement Date shall be deemed to have occurred only for the Scheduled Commencement Dates set forth in Section 1.1, Notwithstanding floors of the foregoing, Demised Premises actually so occupied and provided further that if Tenant’s personnel Tenant shall occupy all or any part of the Demised Premises and shall be open for the conduct of its business prior to January 1, 1989, the applicable Commencement Date shall not be deemed to have occurred until January 1, 1989, provided that Tenant shall occupy the Demised Premises on all of the terms and conditions of this Lease and Tenant shall pay as determined rent hereunder an amount equal to the product of fifty cents (50cts) and the Floor Space per month as well as all Additional changes incurred pursuant to the preceding sentenceprovisions hereof for every month or portion thereof commencing on the date Tenant shall so occupy the Demised Premises or any portion thereof and be open for business and terminating on the day prior to the Commencement Date, such or (c) the date of occupancy shall, for all purposes of this Lease, be upon which the Commencement Date for Premises A, Premises B or Premises C as, applicable. Promptly upon the occurrence of the Premises B/C Commencement Date, landlord and Tenant shall execute and deliver a letter designating the commencement dates for Premises A, Premises B and Premises C substantially in the form attached hereto as Exhibit Cwould have occurred under (a) above, but for delays caused by the failure by either party to execute and deliver such a letter shall have no effect on the commencement dates, as hereinabove determined. Notwithstanding anything to the contrary contained herein, in the event Tenant is unable to obtain a building permit on or before July 15, 2006 for the Work (as defined in Exhibit E attached hereto) to be performed in Premises B and/or Premises C, and Tenant filed for such permit immediately following Landlord’s approval of the Working Drawings for such Work and exercised all reasonable and diligent efforts to obtain such permit, and as a result thereof the Work to be performed in Premises B and/or Premises C is not substantially completed prior to the Premises B/C Commencement Date specified in Section 1.1 above, then the Premises B/C Commencement Date shall be extended to the date that is the earliest of (i) the date on which such Work is substantially completed, (ii) the Premises B/C Commencement Date specified in Section 1.1 above plus the number of days in the period commencing on July 16, 2006 and ending on the date on which Tenant receives the building permit for such Work, and (iii) September 1, 2006Tenant.

Commencement Date. The term of this Lease (“Lease Term”) shall be for the period specified in Paragraph 1.5 above, commencing on the date set forth in Paragraph 1.6 (“Commencement Date” for each of Premises A”); provided, Premises B and Premises C shall however, in the event any improvements to be the Scheduled Commencement Dates constructed by Landlord, as set forth in Section 1.1on Exhibit C, Notwithstanding are not substantially completed by the foregoingaforesaid Commencement Date, if Tenant’s personnel shall occupy all or any part of the Premises for the conduct of its business prior to the applicable Commencement Date as determined pursuant to the preceding sentence, such date of occupancy shall, for all purposes of this Lease, be then the Commencement Date for Premises A, Premises B or Premises C as, applicableshall be deemed to be the date on which the improvements to be constructed by Landlord are substantially completed. Promptly Such improvements shall be deemed to be substantially completed upon the occurrence of the earlier of the following: (a) The date on which all improvements to be constructed by Landlord have been substantially completed except for punch list items which do not, either individually or in the aggregate, adversely affect Tenant’s use of the Premises B/for its intended use; or (b) The date, on or after the date set forth in Paragraph 1.6 hereof, on which all improvements to be constructed by Landlord would have been substantially completed except for such work as Landlord is required to perform but which is delayed, notwithstanding Landlord’s reasonable efforts to avoid or reduce the same, because of any of the following (each, a “Tenant Delay”): (i) fault or neglect of Tenant, acts of Tenant or Tenant’s agents (including without limitation delays caused by work done on or in the Premises by Tenant or Tenant’s agents or by acts of Tenant’s contractors or subcontractors); (ii) delays caused by change orders requested by Tenant or required because of any errors or omissions in plans submitted by Tenant; (iii) such work as Landlord is required to perform but cannot complete until Tenant performs necessary portions of construction work it has elected or is required to do; and (iv) any of the other events defined as a Tenant Delay in Exhibit C attached hereto; or (c) The date Tenant opens for business in the Premises. If the improvements to be constructed by Landlord are deemed to be substantially completed pursuant to Paragraph 3.1(b) above, Tenant acknowledges that the Commencement DateDate shall occur (but in no event earlier than the date set forth in Paragraph 1.6 above), landlord and therefore Tenant’s obligation to pay Rentals shall commence, earlier than the date of actual completion of such improvements (but in no event earlier than the date set forth in Paragraph 1.6 above). The improvements to be constructed by Landlord shall be deemed to be substantially completed one day earlier than the date of actual completion for each day that actual completion is delayed by reason of a Tenant Delay; provided, however, in no event shall the Commencement Date be earlier than December 1, 2006. In the event that by November 15, 2006 the Landlord has not permitted Tenant reasonable access to the Premises for the installation of Tenant’s fixtures, flooring, furniture, furnishings, telephone and cabling, then the earliest date on which the Commencement Date may occur shall be January 15, 2007. When the Commencement Date becomes ascertainable, Landlord and Tenant shall specify the same in writing, in the form of the attached Exhibit D, which writing shall be deemed incorporated herein. Tenant’s failure to execute and deliver a the letter designating the commencement dates for Premises A, Premises B and Premises C substantially in the form attached hereto as Exhibit CD within thirty (30) days after Tenant receives written request from Landlord to do so (subject to any legitimate disagreement by Tenant with the terms thereof, but the failure by either party which both parties shall use reasonable efforts to execute and deliver such a letter resolve) shall have no effect on the commencement dates, as hereinabove determined. Notwithstanding anything to the contrary contained herein, in the event Tenant is unable to obtain a building permit on or before July 15, 2006 for the Work (as defined in Exhibit E attached hereto) be deemed to be performed in Premises B and/or Premises C, and Tenant filed for such permit immediately following LandlordTenant’s approval of the Working Drawings for such Work and exercised all reasonable and diligent efforts to obtain such permit, and as a result thereof the Work to be performed in Premises B and/or Premises C is not substantially completed prior to the Premises B/C Commencement Date specified in Section 1.1 above, then the Premises B/C Commencement Date shall be extended agreement to the date that set forth therein as the Commencement Date. The expiration of the Lease Term or sooner termination of this Lease is referred to herein as the earliest of (i) the date on which such Work is substantially completed, (ii) the Premises B/C Commencement Date specified in Section 1.1 above plus the number of days in the period commencing on July 16, 2006 and ending on the date on which Tenant receives the building permit for such Work, and (iii) September 1, 2006“Lease Termination.”

Commencement Date. The “Phase 1 Commencement Date” for each of Premises A, Premises B and Premises C shall be the Scheduled Commencement Dates set forth in Section 1.1, Notwithstanding earlier to occur of (x) the foregoing, if Tenant’s personnel shall occupy all or any part date that is nine (9) months after the date of the Premises for the conduct of its business prior to the applicable Commencement Date as determined pursuant to the preceding sentence, such date of occupancy shall, for all purposes execution of this Lease, be the Commencement Date for Premises A, Premises B or Premises C as, applicable. Promptly upon the occurrence of the Premises B/C Commencement Date, landlord and Tenant shall execute and deliver a letter designating the commencement dates for Premises A, Premises B and Premises C substantially in the form attached hereto as Exhibit C, but the failure by either party to execute and deliver such a letter shall have no effect on the commencement dates, as hereinabove determined. Notwithstanding anything to the contrary contained herein, in the event Tenant is unable to obtain a building permit on or before July 15, 2006 for the Work (as defined in Exhibit E attached hereto) to be performed in Premises B and/or Premises C, and Tenant filed for such permit immediately following Landlord’s approval of the Working Drawings for such Work and exercised all reasonable and diligent efforts to obtain such permit, and as a result thereof the Work to be performed in Premises B and/or Premises C is not substantially completed prior to the Premises B/C Commencement Date specified in Section 1.1 above, then the Premises B/C Commencement Date shall be extended to the date that is the earliest of (iy) the date on which such the Phase 1 Premises Tenant Work is substantially completed, provided that Tenant shall have access to the Phase 1 Premises when and not before all necessary building permits have been issued to begin the Tenant Work for such space.The “Phase 2 UPS Space Commencement Date” shall be the earlier to occur of the date that is two (ii2) months after the Premises B/C Commencement Date specified date the Landlord provides Tenant with written notice that the Phase 2 UPS Space is free of all tenancies and other rights of other tenants to take occupancy thereof and is in construction ready condition as required in Section 1.1 above plus the number 6(a) of days in the period commencing on July 16this Lease, 2006 and ending on or the date on which the Phase 2 UPS Space Tenant receives Work is substantially completed.Subject to the building permit for provisions of the fourth sentence of Section 3(b) below, the “Phase 2 Fourth Floor Space Commencement Date” shall be the earlier to occur of the date that is four (4) months after the date the Landlord gives Tenant access to the Phase 2 Fourth Floor Space, or the date the Phase 2 Fourth Floor Space Tenant Work is substantially completed.The “Phase 2 Second Floor Space Commencement Date” shall be the earlier to occur of twelve (12) months from the date Landlord provides Tenant with written notice that the Phase 2 Second Floor Space is free of all tenancies and other rights of other tenants to take occupancy thereof provided such Work, and (iii) September notice shall not be earlier than July 1, 20062022 (but not later than October 1, 2022) , or the date the Phase 2 Second Floor Space Tenant Work is substantially completed.Notwithstanding anything in this Lease provided to the contrary, no part of the Phase 2 Second Floor Space shall be tendered or delivered to the Tenant before, but not later than, when all necessary permits have been issued to begin Tenant Work for the Phase 2 Second Floor Space. In no event shall the Phase 2 Premises Base Rent, without abatement, except as provided in Section 3(c) of this Lease, begin later than the earlier of substantial completion or July 1, 2023.The anticipated availability dates for the Phase 2 Premises for the:Phase 2 UPS Space is July 1, 2022Phase 2 Fourth Floor Space is June 1, 2022Phase 2 Second Floor Space is July 1, 2022.The “Phase 3 Commencement Date“ shall be one hundred twenty (120) days after the date Tenant [See Section 3(a)] ​ ​ ​ ​ ​ ​ ​ ​ requests that Landlord fund any portion of the Phase 3 Construction Allowance in accordance with Section 45 below. ​

Commencement Date. The “(a) Upon the Effective Date, the terms and provisions hereof shall be fully binding on Landlord and Tenant prior to the occurrence of the Commencement Date” for each . The Term of Premises Athis Lease shall commence on the Commencement Date. Unless sooner terminated or extended as hereinafter provided, Premises B and Premises C the Term shall end on the Expiration Date. Landlord shall be deemed to have tendered possession of the Scheduled Commencement Dates set forth Premises to Tenant upon the mutual execution and delivery of this Lease, it being understood that the Premises are vacant, in the condition required by this Lease (except for Landlord’s performance of Landlord’s Work pursuant to Article 4 below) and available for Tenant’s occupancy (subject to Section 1.1, 2.2(b) below). Notwithstanding the foregoingforegoing or anything to the contrary contained in Article 1 above, if Tenant’s personnel shall Tenant is not legally permitted to occupy all or any part of the Premises for the conduct of its business prior to on August 1, 2009, as a result of any act or omission on the applicable part of Landlord or Landlord’s agents or employees, and if Tenant does not occupy the Premises for the conduct of its business as a result thereof, then the Commencement Date as determined pursuant shall not occur until Tenant is legally permitted to occupy the preceding sentencePremises for the conduct of its business; provided, such date of occupancy shallhowever, for all purposes of if the Commencement Date has not occurred on or before October 1, 2009, then Tenant shall have the right to terminate this Lease, which right shall be the Commencement Date for Premises Aexercisable only by written notice to Landlord delivered not earlier than October 2, Premises B or Premises C as, applicable. Promptly upon the occurrence of the Premises B/C Commencement Date, landlord and Tenant shall execute and deliver a letter designating the commencement dates for Premises A, Premises B and Premises C substantially in the form attached hereto as Exhibit C, but the failure by either party to execute and deliver such a letter shall have no effect on the commencement dates, as hereinabove determined. Notwithstanding anything to the contrary contained herein, in the event Tenant is unable to obtain a building permit on or before July 15, 2006 for the Work (as defined in Exhibit E attached hereto) to be performed in Premises B and/or Premises C2009, and Tenant filed for such permit immediately following Landlord’s approval of not later than the Working Drawings for such Work and exercised all reasonable and diligent efforts earlier to obtain such permit, and as a result thereof the Work to be performed in Premises B and/or Premises C is not substantially completed prior to the Premises B/C Commencement Date specified in Section 1.1 above, then the Premises B/C Commencement Date shall be extended to the date that is the earliest occur of (i) the date on which such Work is substantially completedthe Commencement Date occurs, and (ii) October 10, 2009. At any time following the Commencement Date, Landlord shall have the right to deliver to Tenant a notice in the form as set forth in Exhibit G, attached hereto, as a confirmation only of the information set forth therein, which, if accurate, Tenant shall execute and return to Landlord within five (5) business days of receipt thereof; provided, however, Tenant’s failure to execute and return such notice to Landlord within such time shall be conclusive upon Tenant that the information set forth in such notice is as specified therein. 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 B/C Commencement Date specified and/or commences construction, except to the extent that Tenant is authorized in this Lease or by Landlord’s agreement (such as set forth in Section 1.1 above plus 2.2(b) below) to do any of the number foregoing without being deemed to have accepted possession of days in the period commencing on July 16, 2006 and ending on the date on which Tenant receives the building permit for such Work, and (iii) September 1, 2006Premises.

Commencement Date. The term of this Sublease (the “Sublease Term”) shall begin on the date (the “Commencement Date”), that is the later to occur of (i) November 1, 2009, (ii) the date that all work described on Schedule B annexed hereto and made a part hereof (“Sublandlord’s Work”) has been “substantially completed” (defined below), (iii) the date on which Sublandlord delivers exclusive possession of the Subleased Premises to Subtenant in broom clean condition, and (iv) the date that the written consent of Landlord to this Sublease has been obtained in accordance with Section 13. The phrase “substantially completed”, as the same relates to Sublandlord’s Work, means that Sublandlord’s Work has been completed except for each minor details of Premises Aconstruction (collectively, Premises B “Punch-list Items”), if any, the non-completion of which do not substantially interfere with Subtenant’s ability to take possession of or use the Subleased Premises. Subject to Sublandlord having obtained the written consent of Landlord to this Sublease and Premises C Sublandlord having vacated the Space, Subtenant shall be permitted to have access to the Scheduled Commencement Dates set forth Subleased Premises beginning on October 1, 2009 for the sole purpose of preparing the Subleased Premises for Subtenant’s initial use and occupancy (including installing the Subtenant Approved Alterations described in Section 1.1, Notwithstanding the foregoing, if Tenant’s personnel 5(b)). Such access shall occupy be subject to and in accordance with all or any part of the Premises for terms, covenants and conditions of this Sublease (including, without limitation, the conduct provisions of its business Section 7) provided that Subtenant shall have no obligation to pay any Rent (defined below) prior to the applicable Rent Commencement Date as determined (defined below), except for the first monthly installment of Base Rent (defined below) payable pursuant to the preceding sentence, such date of occupancy shall, for all purposes of this Lease, be the Commencement Date for Premises A, Premises B or Premises C as, applicable. Promptly upon the occurrence of the Premises B/C Commencement Date, landlord and Tenant shall execute and deliver a letter designating the commencement dates for Premises A, Premises B and Premises C substantially in the form attached hereto as Exhibit C, but the failure by either party to execute and deliver such a letter shall have no effect on the commencement dates, as hereinabove determinedSection 3(a). Notwithstanding anything to the contrary contained hereinin this Section 2(a), in the event Tenant is unable to obtain a building permit on or before July 15, 2006 if for the Work (as defined in Exhibit E attached hereto) to be performed in Premises B and/or Premises C, and Tenant filed for such permit immediately following Landlord’s approval of the Working Drawings for such Work and exercised all reasonable and diligent efforts to obtain such permit, and as a result thereof the Work to be performed in Premises B and/or Premises C is any reason Sublandlord has not substantially completed prior provided Subtenant access to the Subleased Premises B/C Commencement Date specified in pursuant to this Section 1.1 above2(a) by October 1, then 2009, the Premises B/C Rent Commencement Date shall be extended by one (1) day for each day that Subtenant’s access to the date that Subleased Premises is delayed beyond October 1, 2009. In addition, if for any reason the earliest of (i) the date on which such Work is substantially completed, (ii) the Premises B/C Commencement Date specified has not occurred by November 30, 2009, Subtenant shall have the right, but not the obligation, to terminate this Sublease by written notice to Sublandlord, in Section 1.1 above plus the number of days in the period commencing on July 16, 2006 and ending on the date on which Tenant receives the building permit for such Workevent neither party shall have any further rights or obligations under this Sublease, and (iii) September 1, 2006Sublandlord shall return the Letter of Credit to Subtenant and reimburse Subtenant for any Base Rent prepaid by Subtenant to Sublandlord.

Commencement Date. The “This Lease, and the obligation to pay Minimum Annual Rent and additional Rent hereunder (subject to any rent-free period as provided under Section 4(c) above), shall commence on the date (the "Commencement Date” for each ") that is the earlier to occur of: (i) The Monday following Tenant's occupancy of Premises A, Premises B and Premises C shall be the Scheduled Commencement Dates set forth in Section 1.1, Notwithstanding the foregoing, if Tenant’s personnel shall occupy substantially all or any part of the Premises for the conduct purpose of its conducting Tenant's business in and from the Premises (Tenant plans to move into and occupy the Building in phases over several weeks and the fact that Tenant occupies and opens for business in a part, but less than substantially all, of the Premises shall not in itself trigger Lease Commencement); (ii) If Tenant uses a contractor other than Landlord's Base Building general contractor for the construction of the Initial Tenant Improvements, the later of (1) 120 days after the Tenant Access Date, or (2) 60 days after the substantial completion of the Base Building and Site Improvements, it being the intent of the parties that if Tenant uses a contractor other than Landlord's general contractor, Tenant shall have nonexclusive and unrestricted (subject to the provisions of Section 5(a) above) access to the Premises for the 60-day period from 120 days to 60 days prior to the applicable Commencement Date as determined pursuant to the preceding sentence, such date of occupancy shall, for all purposes of this Lease, be the Commencement Date for Premises A, Premises B or Premises C as, applicable. Promptly upon the occurrence of the Premises B/C Commencement Date, landlord and Tenant shall execute and deliver a letter designating the commencement dates for Premises A, Premises B and Premises C substantially in the form attached hereto as Exhibit C, but the failure by either party to execute and deliver such a letter shall have no effect on the commencement dates, as hereinabove determined. Notwithstanding anything to the contrary contained herein, in the event Tenant is unable to obtain a building permit on or before July 15, 2006 for the Work (as defined in Exhibit E attached hereto) to be performed in Premises B and/or Premises C, and Tenant filed for such permit immediately following Landlord’s approval of the Working Drawings for such Work and exercised all reasonable and diligent efforts to obtain such permit, and as a result thereof the Work to be performed in Premises B and/or Premises C is not substantially completed prior exclusive access to the Premises B/C (other than access on the part of Landlord or its Agents to complete punchlist items, conduct inspections, or complete any items of unfinished work provided such access does not interfere with or delay Tenant's work) for the 60-days preceding the Commencement Date specified in Section 1.1 aboveDate. (iii) If Tenant uses Landlord's general contractor for the construction of the Initial Tenant Improvements, then the Premises B/C Commencement Date shall be extended to the date that is the earliest later of (i) the first Monday following the date on which such Work that is substantially completed60 days after the date of substantial completion of the Initial Tenant Improvements (exclusive of the installation of the Tenant's equipment, furniture and personal property; this work is contemplated to occur during the 60-day period following the substantial completion of the Initial Tenant Improvements), or (ii) the Premises B/C date of substantial completion by Landlord of the Base Building and Site Improvements. Tenant shall use all reasonable diligence to cause substantial completion of the Initial Tenant Improvements (exclusive of the installation of the Tenant's equipment, furniture and personal property; this work is contemplated to occur during the 60-day period following the substantial completion of the Initial Tenant Improvements) to occur within 60 days of the Tenant Access Date. Without limiting the foregoing, If Tenant uses Landlord's general contractor for the construction of the Initial Tenant Improvements, Tenant shall contract with Landlord's general contractor, and provide Landlord's general contractor with construction plans and specifications, material selections and other appropriate information sufficiently in advance of the Tenant Access Date so that such general contractor can commence construction of the Initial Tenant Improvements as of the Tenant Access Date and proceed with construction without delay resulting from failure of Tenant to timely approve plans or select materials. Tenant's construction contract shall obligate such general contractor to substantially complete the Initial Tenant Improvements within 60 days of the Tenant Access Date. If construction of the Initial Tenant Improvements is delayed as a result of any such delay caused by Tenant, the Commencement Date specified in Section 1.1 above plus the number of days in the period commencing on July 16, 2006 and ending on shall be the date on which Tenant receives the building permit this Lease would have commenced but for such Work, and (iii) September 1, 2006delay.