Common use of Commencement Date Clause in Contracts

Commencement Date. The term of this Lease shall commence on the date this Lease is executed (the "Commencement Date") and shall end ten (10) years from the date the payment of rent commences as set forth in Section 4.1 of this Lease, unless sooner terminated pursuant hereto (the "TERM"). Promptly following the Commencement Date, Landlord and Tenant shall confirm the Commencement Date and the expiration date by executing and delivering a Memorandum of Commencement Date ("MEMORANDUM") in the form attached hereto as Exhibit "B." This Lease shall not be void, voidable or subject to termination, nor shall Landlord be liable to Tenant for any loss or damage, resulting from Landlord's inability to deliver the Premises to Tenant on the date specified in Landlord's notice given pursuant to Section 3.2, but no rent hereunder shall be payable hereunder with respect to any delay in delivery of the Premises which is caused solely by Landlord. Provided Tenant has not been in default during the Term of the Lease, Landlord hereby grants Tenant the right to renew the Lease for one (1) additional five (5) year period, at the greater of the then current Basic Rent increased in accordance with this Lease or at the then current fair market lease rental rate for the Building as determined by the Landlord. In order to exercise its renewal option, Tenant shall give Landlord a minimum of six (6) months written notice prior to the end of the Term of its intention to renew this Lease.

Commencement Date. (i) The term of this Lease Term shall commence on the Delivery Date (the “Commencement Date”). Tenant acknowledges that there is currently a tenant (the “Existing Tenant”) occupying all or a portion of the Premises, and Tenant agrees that the Commencement Date may not occur on the Delivery Date if the Existing Tenant has not vacated the Premises by the day preceding the Delivery Date. If the Premises are not delivered to Tenant on or before the Delivery Date for any reason, whether or not within Landlord’s control, Landlord shall not be subject to any liability to Tenant and no such failure to deliver the Premises by the Delivery Date or any other date shall in any respect affect the validity or continuance of this Lease is executed or any obligation of Tenant hereunder; provided, however, in the event Landlord fails to deliver the Premises by the Delivery Date because the Existing Tenant has not vacated the Premises, then the Commencement Date (and therefore the "Commencement Delivery Date") and shall end ten (10) years from be deferred to the date immediately following the date the payment Existing Tenant actually vacates the Premises and the Term will end on the date which is two (2) years (for a total of rent commences as set forth in Section 4.1 twenty-four [24] months) following the deferred Commencement Date (unless otherwise terminated pursuant to the terms of this Lease, unless sooner terminated pursuant hereto (the "TERM"). Promptly following the Commencement Date, Landlord and Upon Landlord’s request Tenant shall confirm execute the Commencement Date and the expiration date by executing and delivering a Memorandum Confirmation of Commencement Date ("MEMORANDUM") in the form Lease Term attached hereto as Exhibit "B." This Lease shall not be void, voidable or subject to termination, nor shall Landlord be liable to Tenant for any loss or damage, resulting from Landlord's inability to deliver the Premises to Tenant on the date specified in Landlord's notice given pursuant to Section 3.2, but no rent hereunder shall be payable hereunder with respect to any delay in delivery of the Premises which is caused solely by Landlord. Provided Tenant has not been in default during the Term of the Lease, Landlord hereby grants Tenant the right to renew the Lease for one (1) additional five (5) year period, at the greater of the then current Basic Rent increased in accordance with this Lease or at the then current fair market lease rental rate for the Building as determined by the Landlord. In order to exercise its renewal option, Tenant shall give Landlord a minimum of six (6) months written notice prior to the end of the Term of its intention to renew this Lease.H.

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 of this Lease Term hereof shall commence on the date this Lease is executed (the "Commencement Date") and shall end ten (10) years from the date the payment of rent commences . Except as specifically set forth in Section 4.1 27.2 hereinafter, if Landlord is unable to give possession of this Lease, unless sooner terminated pursuant hereto (the "TERM"). Promptly following the Commencement Date, Landlord and Tenant shall confirm Premises on the Commencement Date and because the expiration date by executing and delivering a Memorandum construction of Commencement Date ("MEMORANDUM") in the form attached hereto as Exhibit "B." This Lease Facility or the completion of the Premises has not been sufficiently completed to make the Premises ready for occupancy, or for any reason, Landlord shall not be void, voidable or subject to terminationany claims, nor shall Landlord be liable damages or liabilities for the failure to Tenant for any loss or damage, resulting from Landlord's inability to deliver give possession on said date. 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, provided, however this provision shall not limit Tenant's right to Tenant on the date specified in Landlord's notice given require Landlord to correct incomplete or defective work pursuant to Section 3.24.03, but no rent hereunder in the Building or Premises. Under said circumstances, the Rent reserved and covenant to pay same shall be payable hereunder with respect to any delay in delivery not commence until possession of the Premises which is caused solely by Landlord. Provided Tenant has not been given and the Premises are ready for occupancy, whichever is earlier, and failure to give possession on the Commencement Date shall in default during no way affect the Term validity of the Lease, Landlord hereby grants Tenant the right to renew the Lease for one (1) additional five (5) year period, at the greater of the then current Basic Rent increased in accordance with this Lease or at the then current fair market lease obligations of Tenant hereunder, except that Tenant's obligation to make rental rate for the Building as determined by the Landlord. In order and other required payments (other than pursuant to exercise its renewal option, Tenant Article XXIII herein) shall give Landlord be deferred and there shall be a minimum of six (6) months written notice prior to the end corresponding extension of the Term of its intention to renew this LeaseExpiration Date.

Commencement Date. The term of this Lease shall commence on the date this Lease is executed (the "Commencement Date") and shall end ten (10) years from the date the payment of rent commences Date as set forth in Section 4.1 the Basic Lease Information shall be upon Substantial Completion of this Leasethe Tenant Improvements as defined in Exhibit B, unless sooner terminated pursuant hereto Construction Rider. When the actual Commencement Date has been established, and within five (the "TERM"). Promptly following the Commencement Date5) business days after Landlord’s written request, Landlord and Tenant shall confirm the Commencement Date and the expiration date by executing and delivering Expiration Date in writing, using a Memorandum of Commencement Date ("MEMORANDUM") Memorandum substantially in the form attached hereto as Exhibit "B." This Lease C. “Substantially Complete” or “Substantial Completion” shall not be void, voidable or subject to termination, nor shall Landlord be liable to Tenant for any loss or damage, resulting from Landlord's inability to deliver the Premises to Tenant on mean the date specified Tenant Improvements are complete and the Demised Premises are in the condition required hereunder, excepting only minor Punch List (as defined below) items that are completed by Landlord within thirty (30) days and which do not interfere with Tenant’s ability to occupy the Demised Premises. Landlord shall provide Tenant written notice two (2) business days prior to Substantial Completion of Landlord's notice given pursuant to Section 3.2, but no rent hereunder shall be payable hereunder with respect to any delay in ’s Work and Landlord’s proposed delivery of the Premises which is caused solely by LandlordDemised Premises. Provided Tenant has not been in default during the Term Upon delivery of the LeaseDemised Premises to Tenant, Landlord hereby grants and Tenant the right to renew the Lease for one (1) additional five (5) year period, at the greater shall coordinate a walk-through of the then current Basic Rent increased in accordance with this Lease or at the then current fair market lease rental rate for the Building as determined by the Landlord. In order to exercise its renewal option, Demised Premises and Tenant shall give indicate any deficiencies then apparent (“Punch List”). Landlord a minimum of six shall promptly commence and diligently prosecute until completed the items set forth in the Punch List no later than thirty (630) months written notice prior to days after the end compilation of the Term of its intention to renew this LeasePunch List.

Commencement Date. (a) The term of this Lease shall be the period specified in Section "1.2" hereof as the "Lease Term". The "Rent Commencement Date" of this Lease shall commence on the date this Lease is executed earlier of (a) the "Commencement Date"opening for business or (b) and shall end ten (10) years from the date the payment of rent commences as set forth in Section 4.1 of this Lease, unless sooner terminated pursuant hereto (the "TERM"). Promptly following the Commencement Date, Landlord and Tenant shall confirm the Commencement Date and the expiration date by executing and delivering a Memorandum of Commencement Date ("MEMORANDUM") in the form attached hereto as Exhibit "B." This Lease shall not be void, voidable or subject to termination, nor shall Landlord be liable to Tenant for any loss or damage, resulting from Landlord's inability to deliver the Premises to Tenant on the date specified in Landlord's notice given pursuant to Section 3.2, but no rent hereunder shall be payable hereunder with respect to any delay in delivery of the Premises which is caused solely by Landlord. Provided Tenant has not been in default during the Term of the Lease, Landlord hereby grants Tenant the right to renew the Lease for one (1) additional five (5) year period, at the greater of the then current Basic Rent increased in accordance with this Lease or at the then current fair market lease rental rate for the Building as determined by the Landlord. In order to exercise its renewal option, Tenant shall give Landlord a minimum of six (6) months written notice prior after the date when Landlord delivers the Building Pad to Tenant provided Landlord has substantially completed all other site work as set forth on Exhibit "L" by the end of such six (6) month period, unless Landlord is prevented by Tenant's failure to complete Tenant's Work as set forth on Exhibit "T", in which event Tenant shall commence paying rent at the end of such six (6) month period notwithstanding that Tenant may not have completed Tenant's Work or opened for business. Landlord will complete Landlord's Work when Tenant has completed such work to enable Landlord to complete its work. If Landlord's Work is not substantially complete by the end of the Term six (6) month period, not due to Tenant's fault, the Rent Commencement Date, shall be extended until Landlord's Work is substantially complete. If Tenant's building is not complete by the Rent Commencement Date, Tenant shall commence paying rent and all other charges subject to the provisions of its intention this Section 3.1 (a) and the failure to renew this Lease.have the building completed shall not be an Event of Default, unless the Tenant's building is not completed by the date provided in Section 3.3(a) below,

Commencement Date. The term of this Lease Commencement Date shall commence on be the date this Lease upon which the addition to Building 2 is executed (substantially completed in accordance with the plans and specifications attached hereto as Exhibit C as indicated by the proper municipal authorities of a Certificate of Occupancy for the addition to Building 2. Promptly after the date hereof, Landlord will begin and prosecute the construction of the Building 2 Addition in accordance with Exhibit C which construction shall hereinafter be referred to as the "Improvements." In order to determine that the Improvements are being built in accordance with the plans and specifications, the Tenant and its representatives, shall have access to the Improvements at all reasonable times during the construction thereof for the purpose of making inspections of the work. The Improvements shall be substantially completed and premises made available to Tenant not later than June 30, 1990. Provided however, if the construction of the Improvements shall be delayed by causes beyond the reasonable control of Landlord, such as, but not limited to, strikes, inclement weather making construction not feasible, scarcity of materials, acts of God, war and governmental restrictions, the Commencement Date") Date shall be adjusted accordingly and rental payments shall end xxxxx until delivery of possession occurs. Landlord shall advise Tenant in writing of the Commencement Date not less than ten (10) years from the date the payment of rent commences as set forth in Section 4.1 of this Lease, unless sooner terminated pursuant hereto (the "TERM"). Promptly following days prior thereto and immediately after the Commencement Date, the Landlord and Tenant will enter into a written memorandum of the date of commencement. Any work provided to be done under the plans and specifications which shall confirm not have been completed at the Commencement Date and the expiration date by executing and delivering a Memorandum of Commencement Date ("MEMORANDUM") in the form attached hereto as Exhibit "B." This Lease shall not be voidDate, voidable or subject to termination, nor shall Landlord be liable to Tenant for any loss or damage, resulting from Landlord's inability to deliver the Premises to Tenant on the date specified in Landlord's notice given pursuant to Section 3.2, but no rent hereunder shall be payable hereunder with respect to any delay in promptly completed by Landlord and if not completed within thirty (30) days after the delivery of possession, the Premises which is caused solely by Landlord. Provided Tenant has not been in default during may after fifteen (15) days written notice to the Term of Landlord complete the Lease, Landlord hereby grants Tenant same and deduct the right to renew cost thereof from the Lease for one (1) additional five (5) year period, at the greater of the then current Basic Rent increased in accordance with this Lease or at the then current fair market lease rental rate rent for the Building as determined by the Landlord. In order to exercise its renewal option, Tenant shall give Landlord a minimum of six (6) months written notice prior to the end of the Term of its intention to renew this Leasenext ensuing month or months.

Commencement Date. The term of this Lease (“Term”) shall commence be thirty-nine (39) months commencing on the date this Lease is executed (the "“Commencement Date"”) that the Tenant Improvements (defined below) are substantially completed, and shall end ten ending thirty-nine (1039) years from the date the payment of rent commences as set forth in Section 4.1 of this Leasemonths thereafter, unless such Term is sooner terminated pursuant hereto (terminated, and subject to any options to further extend the "TERM")Term as permitted herein. Promptly following If Landlord cannot deliver possession of the Commencement DatePremises to Tenant on or before June 1, Landlord and Tenant shall confirm the Commencement Date and the expiration date by executing and delivering a Memorandum of Commencement Date ("MEMORANDUM") in the form attached hereto as Exhibit "B." This 2013, this Lease shall not be void, voidable void or subject to terminationvoidable, nor shall Landlord Landlord, or Landlord’s Agents be liable to Tenant for any loss or damagedamage resulting therefrom. In such event, resulting Tenant shall not be liable for any Rent until the date which is three (3) months from Landlord's inability to deliver the date Landlord delivers possession of the Premises to Tenant with the Tenant Improvements substantially completed. If, however, Landlord is unable deliver possession of the Premises to Tenant with the Tenant Improvements substantially completed by August 1, 2013, for any reason other than delays due to the fault of Tenant, then Tenant shall have the right to terminate this Lease by delivery of written notice to Landlord no later than August 15, 2013. For purposes of this Lease, the Tenant Improvements shall be deemed “substantially completed” on the date specified that Landlord’s general contractor has completed the Tenant Improvements as described in Landlord's notice given pursuant to Section 3.2, but no rent hereunder shall be payable hereunder with respect to any delay in delivery of the Premises which is caused solely by Landlord. Provided Tenant has not been in default during the Term of the Lease, Landlord hereby grants Tenant the right to renew the Lease for one (1) additional five (5) year period, at the greater of the then current Basic Rent increased in accordance with this Lease or at the then current fair market lease rental rate for the Building as determined by the Landlord. In order to exercise its renewal option, Tenant shall give Landlord a minimum of six (6) months written notice prior EXHIBIT D-1 subject only to the end completion of the Term of its intention to renew this Leaseminor punch-list items.

Commencement Date.  (a) The term of this Lease shall be the period specified in Section "1.2" hereof as the "Lease Term". The "Rent Commencement Date" of this Lease shall commence on the date this Lease is executed earlier of (a) the "Commencement Date"opening for business or (b) and shall end ten (10) years from the date the payment of rent commences as set forth in Section 4.1 of this Lease, unless sooner terminated pursuant hereto (the "TERM"). Promptly following the Commencement Date, Landlord and Tenant shall confirm the Commencement Date and the expiration date by executing and delivering a Memorandum of Commencement Date ("MEMORANDUM") in the form attached hereto as Exhibit "B." This Lease shall not be void, voidable or subject to termination, nor shall Landlord be liable to Tenant for any loss or damage, resulting from Landlord's inability to deliver the Premises to Tenant on the date specified in Landlord's notice given pursuant to Section 3.2, but no rent hereunder shall be payable hereunder with respect to any delay in delivery of the Premises which is caused solely by Landlord. Provided Tenant has not been in default during the Term of the Lease, Landlord hereby grants Tenant the right to renew the Lease for one (1) additional five (5) year period, at the greater of the then current Basic Rent increased in accordance with this Lease or at the then current fair market lease rental rate for the Building as determined by the Landlord. In order to exercise its renewal option, Tenant shall give Landlord a minimum of six (6) months written notice prior after the date when Landlord delivers the Building Pad to Tenant provided Landlord has substantially completed all other site work as set forth on Exhibit "L" by the end of such six (6) month period, unless Landlord is prevented by Tenant's failure to complete Tenant's Work as set forth on Exhibit "T", in which event Tenant shall commence paying rent at the end of such six (6) month period notwithstanding that Tenant may not have completed Tenant's Work or opened for business. Landlord will complete Landlord's Work when Tenant has completed such work to enable Landlord to complete its work. If Landlord's Work is not substantially complete by the end of the Term six (6) month period, not due to Tenant's fault, the Rent Commencement Date, shall be extended until Landlord's Work is substantially complete. If Tenant's building is not complete by the Rent Commencement Date, Tenant shall commence paying rent and all other charges subject to the provisions of its intention this Section 3.1 (a) and the failure to renew this Lease.have the building completed shall not be an Event of Default, unless the Tenant's building is not completed by the date provided in Section 3.3(a) below,

Commencement Date. The term date on which the Demised Premises has been substantially completed in accordance with the requirements of this Lease Exhibit "A", Landlord's Work Letter. Any entry by Tenant or Tenant's representative or agent prior to the Commencement Date shall commence on be subject to all the date this Lease is executed (the "Commencement Date") terms and shall end ten (10) years from the date the payment of rent commences as set forth in Section 4.1 conditions of this Lease, unless sooner terminated pursuant hereto (other than with respect to the payment of Fixed Rent and those recurring Additional Rent charges expressly identified herein as not commencing until the Rent Commencement Date. As an accommodation only and without any liability on the part of Landlord whatsoever, Landlord agrees to give Tenant 30 days prior notice of the anticipated Commencement Date. At Landlord's or Tenant's request after the Rent Commencement Date shall have been determined, Tenant and Landlord shall execute and deliver duplicate originals of an agreement, substantially in the form of Exhibit "TERM"). Promptly following C" attached hereto, setting forth the Commencement Date, Landlord the Rent Commencement Date, the date of expiration of the Initial Term, the commencement and Tenant shall confirm expiration dates of any Extended Period and the Floor Space of the Demised Premises. Notwithstanding anything to the contrary contained in this Lease, it is understood and agreed that in the event that the Commencement Date shall not have occurred on or before October 1, 1999, Tenant may terminate this Lease by written notice given to Landlord at any time thereafter; provided, however, that any such notice of termination given by Tenant shall be deemed null and the expiration date by executing void and delivering a Memorandum of Commencement Date ("MEMORANDUM") no further force and effect in the form attached hereto as Exhibit "B." This Lease event that Landlord shall not be void, voidable or subject to termination, nor shall Landlord be liable to Tenant for any loss or damage, resulting from Landlord's inability to deliver such possession of the Demised Premises to Tenant on the date specified in Landlord's notice given pursuant to Section 3.2, but no rent hereunder shall be payable hereunder with respect prior to any delay in delivery such notice of the Premises which is caused solely by Landlord. Provided Tenant has not been in default during the Term of the Lease, Landlord hereby grants Tenant the right to renew the Lease for one (1) additional five (5) year period, at the greater of the then current Basic Rent increased in accordance with this Lease or at the then current fair market lease rental rate for the Building as determined by the Landlord. In order to exercise its renewal option, Tenant shall give Landlord a minimum of six (6) months written notice prior to the end of the Term of its intention to renew this Leasetermination from Tenant.

Commencement Date. (a) The term Commencement Date shall be on or before April 1, 2002. Tenant acknowledges that it has inspected and accepts the Premises, and specifically the buildings and improvements comprising the same, in their present condition as suitable for the purpose for which the Premises are leased. Taking of possession by Tenant shall be deemed conclusively to establish that said buildings and other improvements are in good and satisfactory condition as of when possession was taken and that Tenant bas determined that the Premises are suitable for Tenant's intended purposes. Landlord has made no warranties with respect to suitability and Tenant hereby expressly waives any implied warranty of same. Tenant further acknowledges that no representations as to the repair of the Premises, nor promises to alter, remodel or improve the Premises have been tirade by Landlord, unless such are expressly set forth in this Lease shall commence on the date lease. If this Lease lease is executed (before the "Premises become vacant or otherwise available and ready for occupancy, or if any present tenant or occupant of the Premises holds over, and Landlord cannot acquire possession of the Premises prior to said Commencement Date") , Landlord shall not be deemed to be in default hereunder. and Tenant agrees to accept possession of the Premises at such time as Landlord is able to tender the same, which date shall end ten (10) years from thenceforth be deemed the date the Commencement Date; and Landlord hereby waives payment of rent commences as set forth in Section 4.1 covering any period prior to the tendering of this Lease, unless sooner terminated pursuant hereto (the "TERM")possession to Tenant hereunder. Promptly following After the Commencement Date, Tenant shall, upon demand, execute and deliver to Landlord and Tenant shall confirm the Commencement Date and the expiration date by executing and delivering a Memorandum letter of Commencement Date ("MEMORANDUM") in the form attached hereto as Exhibit "B." This Lease shall not be void, voidable or subject to termination, nor shall Landlord be liable to Tenant for any loss or damage, resulting from Landlord's inability to deliver the Premises to Tenant on the date specified in Landlord's notice given pursuant to Section 3.2, but no rent hereunder shall be payable hereunder with respect to any delay in acceptance of delivery of the Premises which is caused solely by Landlord. Provided Tenant has not been in default during the Term of the Lease, Landlord hereby grants Tenant the right to renew the Lease for one (1) additional five (5) year period, at the greater of the then current Basic Rent increased in accordance with this Lease or at the then current fair market lease rental rate for the Building as determined by the Landlord. In order to exercise its renewal option, Tenant shall give Landlord a minimum of six (6) months written notice prior to the end of the Term of its intention to renew this Lease.Premises,

Commencement Date. The term of this Lease shall commence on the date this Lease is executed (the "“Commencement Date"”) and shall end ten (10) years from the date the payment of rent commences as set forth in Section 4.1 of this Lease, unless sooner terminated pursuant hereto (the "“TERM"”). Promptly following the Commencement Date, Landlord and Tenant shall confirm the Commencement Date and the expiration date by executing and delivering a Memorandum of Commencement Date ("“MEMORANDUM"”) in the form attached hereto as Exhibit "“B." ” This Lease shall not be void, voidable or subject to termination, nor shall Landlord be liable to Tenant for any loss or damage, resulting from Landlord's ’s inability to deliver the Premises to Tenant on the date specified in Landlord's ’s notice given pursuant to Section 3.2, but no rent hereunder shall be payable hereunder with respect to any delay in delivery of the Premises which is caused solely by Landlord. Provided Tenant has not been in default during the Term of the Lease, Landlord hereby grants Tenant the right to renew the Lease for one (1) additional five (5) year period, at the greater of the then current Basic Rent increased in accordance with this Lease or at the then current fair market lease rental rate for the Building as determined by the Landlord. In order to exercise its renewal option, Tenant shall give Landlord a minimum of six (6) months written notice prior to the end of the Term of its intention to renew this Lease.

Commencement Date. The term As soon as Substantial Completion has been achieved, Tenant shall notify Landlord in writing (i) of this Lease shall commence on the date this Lease is executed of receipt of the TCO, (ii) that the "Tenant Improvements are Substantially Complete as certified by Tenant’s Architect, in accordance (in all material respects) with the Working Drawings and permits. Provided that Landlord has delivered the Premises to Tenant in the Required Condition, the “Commencement Date") and ,” shall end ten (10) years from be the earlier of January 1, 2021, as such date may be extended by Landlord Delay or Excused Delays, or the date of Substantial Completion. If Substantial Completion has occurred on or before January 1, 2020 but Landlord has not delivered the payment Premises to Tenant in the Required Condition, the Commencement Date shall be the date upon which Landlord has delivered the Premises to Tenant in the Required Condition. The failure of rent commences Tenant to occupy the Premises as set forth in Section 4.1 of this Lease, unless sooner terminated pursuant hereto (the "TERM"). Promptly following the Commencement Date, Landlord as finally determined after the cessation of any Excused Delays and Tenant shall confirm the Commencement Date and the expiration date by executing and delivering a Memorandum Landlord’s delivery of Commencement Date ("MEMORANDUM") in the form attached hereto as Exhibit "B." This Lease shall not be void, voidable or subject to termination, nor shall Landlord be liable to Tenant for any loss or damage, resulting from Landlord's inability to deliver the Premises to Tenant in the Required Condition, shall not serve to relieve Tenant of obligations arising on the date specified in Landlord's notice given pursuant Commencement Date or to Section 3.2, but no rent hereunder shall be payable hereunder with respect to any delay in delivery the payment by Tenant of the Premises which is caused solely by Landlord. Provided Tenant has not been in default during the Term of the Lease, Landlord hereby grants Tenant the right to renew the Lease for one (1) additional five (5) year period, at the greater of the then current Basic Base Rent increased in accordance with this Lease or at the then current fair market lease rental rate for the Building as determined by the Landlord. In order to exercise its renewal option, Tenant shall give Landlord a minimum of six (6) months written notice prior to the end of the Term of its intention to renew and other amounts due under this Lease.

Commencement Date. The term “Commencement Date” shall mean the earlier of this Lease shall commence on (i) the date this Lease is executed on which Landlord shall “substantially complete” “Landlord’s Work” (as those terms are defined in Exhibit L annexed hereto), tender to Tenant vacant, broom-clean possession of the Premises, free of all third-party rights and occupancies, and deliver to Tenant the Subordination, Non-Disturbance, and Attornment Agreement (the "Commencement Date"“Apollo SNDA”) and shall end ten from Apollo Commercial Real Estate Finance, the existing Superior Mortgagee in the form annexed hereto as Exhibit J, or (10ii) years from the date on which Tenant takes possession of the payment Premises to commence actual construction of rent commences “Tenant’s Work” (as set forth in Section 4.1 of this Lease, unless sooner terminated pursuant hereto (the "TERM"hereinafter defined). Promptly following After the occurrence of the Commencement Date, Landlord and shall provide Tenant shall confirm with a notice which sets forth the Commencement Date, the Rent Commencement Date and the expiration date by executing and delivering a Memorandum Expiration Date; provided, that the failure of Commencement Date ("MEMORANDUM") in the form attached hereto as Exhibit "B." This Lease Landlord to deliver such notice shall not be void, voidable or subject to termination, nor shall Landlord be liable to Tenant for any loss or damage, resulting from Landlord's inability to deliver affect the Premises to Tenant on the date specified in Landlord's notice given pursuant to Section 3.2, but no rent hereunder shall be payable hereunder with respect to any delay in delivery determination of the Premises which is caused solely by Landlord. Provided Tenant has not been in default during the Term of the Lease, Landlord hereby grants Tenant the right to renew the Lease for one (1) additional five (5) year period, at the greater of the then current Basic Rent increased such dates in accordance with this Lease or at Lease. Should there be any dispute regarding the occurrence of the Commencement Date, then current fair market lease rental rate for the Building as determined same shall be resolved by way of expedited arbitration in accordance with Article 14 hereof, pending the Landlord. In order to exercise its renewal optionresolution of such dispute, Tenant shall give Landlord pay Rent based upon Landlord’s determination of the Rent Commencement Date in accordance with the terms of this Lease. If such dispute is resolved so that the Rent paid by Tenant is greater or less than the Rent determined to be paid by way of such arbitration, then (x) if there is a minimum deficiency, Tenant shall pay the amount thereof within twenty (20) days after written demand therefor, or (y) if there is an overpayment, the amount of six (6) months written notice such overpayment shall be credited against the next installment of Rent due hereunder. Notwithstanding the foregoing, in no event shall the Commencement Date occur prior to the end of the Term of its intention to renew this LeaseAugust 1, 2019.

Commencement Date. If improvements are to be erected upon the Leased Premises pursuant to a separate Leasehold Improvements Agreement between Lessor and Lessee, as described in Section 6.1, and the "Commencement Date" shall be the earlier of the date Lessee begins operating its business in the Leased Premises or the scheduled "Commencement Date" as stated herein; and if no improvements are to be erected upon the Leased Premises pursuant to a Leasehold Improvements Agreement, the Commencement Date shall be the earlier of the date Lessee begins operating its business in the Leased Premises or March 15 , 1997 (the "Commencement ----------- - ------------ Date"). The Commencement Date shall constitute the commencement of the term of ---- this Lease shall commence on the date for all purposes, whether or not Lessee has actually taken possession. If this Lease is executed (before the "Commencement Date") Leased Premises become vacant or otherwise available and shall end ten (10) years from ready for occupancy by Lessee, or if any present occupant of the date Leased Premises holds over and Lessor cannot acquire possession of the payment of rent commences as set forth in Section 4.1 of this Lease, unless sooner terminated pursuant hereto (the "TERM"). Promptly following Leased Premises before the Commencement Date, Landlord and Tenant then (a) Lessee's obligation to pay rent hereunder shall confirm be waived until Lessor tenders possession of the Leased Premises to Lessee, (b) the term shall be extended by the time between the scheduled Commencement Date and the expiration date by executing and delivering a Memorandum on which Lessor tenders possession of the Leased Premises to Lessee (which date will then be defined as the Commencement Date Date), ("MEMORANDUM"c) in the form attached hereto as Exhibit "B." This Lease Lessor shall not be void, voidable in default hereunder or subject to termination, nor shall Landlord be liable to Tenant for any loss or damagedamages therefore, resulting from Landlord's inability to deliver the Premises to Tenant on the date specified in Landlord's notice given pursuant to Section 3.2, but no rent hereunder and (d) Lessee shall be payable hereunder with respect to any delay in delivery accept possession of the Leased Premises which is caused solely by Landlord. Provided Tenant has not been in default during the Term of the Lease, Landlord hereby grants Tenant the right when Lessor tenders possession thereof to renew the Lease for one (1) additional five (5) year period, at the greater of the then current Basic Rent increased in accordance with this Lease or at the then current fair market lease rental rate for the Building as determined by the Landlord. In order to exercise its renewal option, Tenant shall give Landlord a minimum of six (6) months written notice prior to the end of the Term of its intention to renew this LeaseLessee.

Commencement Date. The term of this Lease shall commence on the date this Lease is executed (the "Commencement Date") and shall end ten (10) years from the date the payment of rent commences as set forth in Section 4.1 of this Lease, unless sooner terminated pursuant hereto (the "TERM"). Promptly following ) will commence on the Commencement Date and will end on the Termination Date. Upon taking occupancy of the Premises, Landlord and Tenant shall confirm agrees to sign the Certificate of Commencement Date attached to this Lease as EXHIBIT G confirming the Commencement Date and the expiration date by executing and delivering a Memorandum of Commencement Date ("MEMORANDUM") in the form attached hereto as Exhibit "B." This Lease shall not be void, voidable or subject to termination, nor shall Landlord be liable to Tenant for any loss or damage, resulting from Landlord's inability to deliver Termination Date. If the Premises to are not ready for occupancy by Tenant on the Commencement Date for any reason other than a "Tenant Delay" (as defined in the Workletter, if any, attached to this Lease as EXHIBIT F (the "WORKLETTER"), then (a) Tenant's obligation to pay Base Rent and Additional Rent (as defined in Section 3 below) will be waived until the Possession Date, which is the earlier of (i) three (3) business days after Landlord notifies Tenant that the Premises are "substantially completed" (as defined in this Section 2.1), or (ii) the date specified Tenant moves into the Premises; (b) the Term will be extended by the time between the scheduled Commencement Date and the Possession Date; and (c) Landlord will not be in Landlord's notice given pursuant to default under this Lease, or be liable for damages as a result of any delay. For purposes of this Section 3.22.1, but no rent hereunder shall be payable hereunder with respect to any delay in delivery substantial completion means that state of completion of the Premises which is caused solely by Landlord. Provided will, except for any special finishing work to be performed, allow Tenant has not been in default during to utilize the Term of the Lease, Landlord hereby grants Tenant the right to renew the Lease for one (1) additional five (5) year period, at the greater of the then current Basic Rent increased in accordance with this Lease or at the then current fair market lease rental rate Premises for the Building as determined by the Landlord. In order to exercise its renewal option, Tenant shall give Landlord a minimum of six (6) months written notice prior to the end of the Term of its intention to renew purpose permitted under this Lease.

Commencement Date. The term (A) Landlord shall endeavor to tender delivery to Tenant of this Lease the Premises in the condition required hereunder on or before the Commencement Date; provided, however, that, notwithstanding anything to the contrary contained herein, in the event that Landlord shall commence deliver to Tenant possession of the Premises on a date other than the date specified in ITEM 6 of the Basic Lease Provisions, the Commencement Date shall be deemed to be the date on which Landlord tenders possession of the Premises, either physically or by written notice, to Tenant with the Material Landlord's Work substantially completed (the "DELIVERY CONDITION"). If this Lease is executed (before the "Commencement Date") Premises shall become vacant or otherwise available, or if any present tenant or occupant of the Premises holds over, and shall end ten (10) years from Landlord cannot acquire possession of the date the payment of rent commences as set forth Premises in Section 4.1 of this Lease, unless sooner terminated pursuant hereto (the "TERM"). Promptly following time to deliver them by the Commencement Date, Landlord and or if delivery to Tenant shall confirm of the Commencement Date and Premises is delayed for any other reason, except to the expiration date by executing and delivering a Memorandum of Commencement Date ("MEMORANDUM"extent expressly provided otherwise in Paragraph 1.3.2(b) in the form attached hereto as Exhibit "B." This or Paragraph 3.1.4, below, this Lease shall not be voidvoid or voidable, voidable or subject and Landlord shall not be deemed to terminationbe in default hereunder, nor shall Landlord be liable to Tenant for any loss or damage, damage directly or indirectly arising out of or resulting from Landlord's inability such holdover or other delay in delivery. Subject to deliver Paragraph 1.3.2(b), below, Tenant agrees to accept possession of the Premises to Tenant on the date specified in Landlord's notice given pursuant on which Landlord is able to Section 3.2tender delivery of the same, but no rent hereunder which date shall thenceforth be payable hereunder with respect deemed the Commencement Date. After the Commencement Date, Tenant shall, upon demand, execute and deliver to any delay in Landlord a letter of acceptance of delivery of the Premises which is caused solely by Landlord. Provided Tenant has not been in default during specifying the Term of the Lease, Landlord hereby grants Tenant the right to renew the Lease for one (1) additional five (5) year period, at the greater of the then current Basic Rent increased in accordance with this Lease or at the then current fair market lease rental rate for the Building as determined by the Landlord. In order to exercise its renewal option, Tenant shall give Landlord a minimum of six (6) months written notice prior to the end of the Term of its intention to renew this LeaseCommencement Date.

Commencement Date. Landlord shall give Tenant no less than forty-five (45) days prior notice of the date on which the Demised Premises will be ready for delivery to Tenant and for the commencement of Tenant's Work (herein called "Tenant Work Date"). The Commencement Date for the term of this Lease shall be the earlier of (1) sixty (60) days after Tenant's Work Date; or (2) the day on which Tenant opens the Premises for business. Rent and additional charges will commence to accrue on the date this Lease is executed (the "such Commencement Date") and shall end . Within ten (10) years from days following request therefore by Landlord or Tenant, the parties shall execute an agreement on Landlord's form setting forth the commencement and expiration dates of this Lease in the form annexed hereto as Exhibit C ("CDA"), provided, that it is understood that the purpose of the CDA is solely to have a formal written confirmation of the Commencement Date as shall be determined based on the criteria set forth above; and, accordingly, the signing and delivery of a CDA shall not be a pre-condition to Tenant's obligation to commence payment of the fixed monthly rent as of the date that in fact shall constitute the payment Commencement Date based on the applicable criteria. Upon Tenant's entry into possession of rent commences as set forth in Section 4.1 the Premises for commencement of this Lease, unless sooner terminated pursuant hereto (the "TERM"). Promptly following Tenant's Work or for any other purpose prior to the Commencement Date, Landlord and Tenant shall confirm the Commencement Date and the expiration date by executing and delivering a Memorandum become subject to all terms, provisions, covenants, conditions and/or obligations of Commencement Date this Lease imposed upon Tenant (sometimes herein referred to collectively as "MEMORANDUMObligations") in as if the form attached hereto as Exhibit "B." This Lease shall not be voidTerm has commenced, voidable or subject except for the obligation to termination, nor shall Landlord be liable to Tenant pay the fixed monthly rent for any loss or damage, resulting from Landlord's inability to deliver the Premises to Tenant on the date specified in Landlord's notice given pursuant to Section 3.2, but no rent hereunder shall be payable hereunder with respect to any delay in delivery of the Premises which is caused solely by Landlord. Provided Tenant has not been in default during the Term of the Lease, Landlord hereby grants Tenant the right to renew the Lease for one (1) additional five (5) year period, at the greater of the then current Basic Rent increased in accordance with this Lease or at the then current fair market lease rental rate for the Building as determined by the Landlord. In order to exercise its renewal option, Tenant shall give Landlord a minimum of six (6) months written notice period prior to the end of the Term of its intention to renew this LeaseCommencement Date.

Commencement Date. (a) The term Commencement Date of this Lease shall commence on is the date this Lease is executed (the "Commencement Date") and shall end ten (10) years from the date the payment of rent commences as set forth in Section 4.1 of this Leasethe Schedule; provided, unless sooner terminated pursuant hereto (however, that if the "TERM"). Promptly following the Commencement Date, Landlord and Tenant shall confirm the Commencement Date and the expiration date by executing and delivering a Memorandum of Commencement Substantial Completion Date ("MEMORANDUM") as defined in the form Tenant Improvement Agreement attached hereto as Exhibit "B." This C) does not occur on or before July 1, 2005 for any reason, then (a) this Lease shall not be voidvoid or voidable by either party, voidable or subject to termination, nor (b) Landlord shall Landlord not be liable to Tenant for any loss or damagedamage resulting therefrom, resulting from Landlord's inability and (c) the Commencement Date shall be revised to mean the Substantial Completion Date. If and only if the Commencement Date is adjusted pursuant to the foregoing, then Landlord shall prepare and deliver to Tenant a Commencement Date Confirmation substantially in the form attached hereto as Exhibit D that sets forth both the Commencement Date and Termination Date for this Lease. Tenant shall execute the Commencement Date Confirmation and deliver the Premises executed original of the same to Tenant on Landlord within three (3) days after Tenant’s receipt thereof. Tenant’s failure to timely execute and return the date specified in Landlord's notice given pursuant Commencement Date Confirmation document to Section 3.2, but no rent hereunder Landlord shall be payable hereunder conclusive evidence of Tenant’s agreement with respect to any delay in the information as set forth therein. This Lease shall be a binding contractual obligation effective upon execution and delivery hereof by Landlord and Tenant, notwithstanding the later commencement of the Premises which is caused solely by Landlord. Provided Tenant has not been in default during the Term of the Lease, Landlord hereby grants Tenant the right to renew the Lease for one (1) additional five (5) year period, at the greater of the then current Basic Rent increased in accordance with this Lease or at the then current fair market lease rental rate for the Building as determined by the Landlord. In order to exercise its renewal option, Tenant shall give Landlord a minimum of six (6) months written notice prior to the end of the Term of its intention to renew this LeaseTerm.

Commencement Date. The term If Landlord is not obligated to construct ----------------- improvements to the Premises prior to the Commencement Date pursuant to Section 2.3, then, on the Scheduled Commencement Date. Landlord shall deliver possession of this the Premises to Tenant and the Lease Term shall commence on the such date this Lease is executed (and such date shall be referred to herein as the "Commencement Date"), subject to Section 2.4. If Landlord is required to construct improvements to the Premises prior to the Commencement Date pursuant to Section 2.3, then the Scheduled Commencement Date shall be only an estimate of the actual Commencement Date, and the Lease Term shall begin on the first to occur of the following, which, subject to acceleration under the Work Letter attached hereto as Exhibit C, --------- shall be the "Commencement Date": (i) and shall end ten (10) years from the date Landlord offers to deliver possession of the payment Premises to Tenant following substantial completion of rent commences as set forth in all improvements to be constructed by Landlord pursuant to Section 4.1 2.3 except for punchlist items which do not prevent Tenant from using the Premises for the Permitted Use, or (ii) the date Xxxxxx enters into occupancy of this Lease, unless sooner terminated pursuant hereto the Premises. Tenant shall accept possession and enter into good faith occupancy of the entire Premises and commence the operation of its business therein within thirty (30) days after the "TERM")Commencement Date. Promptly following the Commencement Datedelivery of possession of the Premises by Landlord to Tenant, Landlord and Tenant shall confirm the Commencement Date and the expiration date by executing and delivering together execute a Memorandum of Commencement Date ("MEMORANDUM") in the form attached hereto as Exhibit "B." This Lease D, --------- appropriately completed (but the failure to execute such Memorandum of Commencement Date shall not be void, voidable affect the Commencement Date or subject to termination, nor shall Landlord be liable to Tenant for any loss or damage, resulting from LandlordTenant's inability to deliver the Premises to Tenant on the date specified in Landlord's notice given pursuant to Section 3.2, but no rent hereunder shall be payable hereunder with respect to any delay in delivery of the Premises which is caused solely by Landlord. Provided Tenant has not been in default during the Term of the Lease, Landlord hereby grants Tenant the right to renew the Lease for one (1) additional five (5) year period, at the greater of the then current Basic Rent increased in accordance with this Lease or at the then current fair market lease rental rate for the Building as determined by the Landlord. In order to exercise its renewal option, Tenant shall give Landlord a minimum of six (6) months written notice prior to the end of the Term of its intention to renew this Leaseobligations hereunder).

Commencement Date. The term of this Lease shall commence March 1, 1998 ------------------ In the event the Leased Premises are not ready for occupancy by Tenant on the date this Lease is executed (the "Commencement Date") and shall end ten (10) years from the date the payment of rent commences as set forth in Section 4.1 of this Lease, unless sooner terminated pursuant hereto (the "TERM"). Promptly following the Commencement Date, because Tenant's leasehold improvements are not substantially complete, or, for any other reason, the obligations of Landlord and Tenant shall confirm nevertheless continue in full force and effect, but if the Leased Premises are not ready for occupancy for reasons other than (a) any delay in the completion of Tenant's Plans (as hereinafter defined) beyond March 1, 1998, due to Tenants failure to work and cooperate with Landlord in connection therewith, or (b) any delay in the installation of Tenant's leasehold improvements due to any change in or addition to the work called for by Tenants Plans as ordered by Tenant, then the Base Rental provide in Section 1.12 (a) hereof, shall xxxxx and not commence until the date the leasehold improvements to the leased Premises are substantially complete; such abatement of Base Rental shall constitute full settlement of all claims that Tenant may otherwise have against Landlord by reason of the Leased Premises not being ready for occupancy by Tenant on the Commencement Date, the Term shall be extended by the period of time which elapses between the Commencement Date and the expiration date that the Leased Premises are ready for occupancy by executing Tenant and delivering a Memorandum of Commencement Date ("MEMORANDUM") in the form attached hereto as Exhibit "B." This Lease shall not be void, voidable or subject parties agree to termination, nor shall Landlord be liable to Tenant for execute an agreement between them confirming any loss or damage, resulting from Landlord's inability to deliver the Premises to Tenant on the date specified in Landlord's notice given pursuant to Section 3.2, but no rent hereunder shall be payable hereunder with respect to any delay in delivery such extension of the Premises which is caused solely by Landlord. Provided Tenant has not been in default during the Term of the Lease, Landlord hereby grants Tenant the right to renew the Lease for one (1) additional five (5) year period, at the greater of the then current Basic Rent increased in accordance with this Lease or at the then current fair market lease rental rate for the Building as determined by the Landlord. In order to exercise its renewal option, Tenant shall give Landlord a minimum of six (6) months written notice prior to the end of the Term of its intention to renew this LeaseTerm.

Commencement Date. The term of (a) Unless postponed under this Lease paragraph or under paragraph 2.02(b), the Commencement Date shall commence on be the date the Tenant is tendered the Premises. The taking of possession of the Premises by Tenant shall be deemed conclusively to establish that the Premises are in good and satisfactory condition as of when possession was taken and that Tenant has determined that the Premises are suitable for Tenant's intended purposes. Landlord has made no warranties with respect to suitability and Tenant hereby expressly waives any implied warranty of same. Tenant further acknowledges that no representations as to the repair of the Premises, nor promises to alter, remodel or improve the Premises have been made by Landlord, unless such are expressly set forth in this Lease. If this Lease is executed (before the "Commencement Date") Premises become vacant or otherwise available and shall end ten (10) years from ready for occupancy, or if any present tenant or occupant of the date Premises holds over, and Landlord cannot acquire possession of the payment of rent commences as set forth in Section 4.1 of this Lease, unless sooner terminated pursuant hereto (the "TERM"). Promptly following Premises prior to the Commencement Date, Landlord and Tenant shall confirm the Commencement Date and the expiration date by executing and delivering a Memorandum of Commencement Date ("MEMORANDUM") in the form attached hereto as Exhibit "B." This Lease shall not be voiddeemed to be in default hereunder, voidable or subject and Tenant agrees to terminationaccept possession of the Premises at such time as Landlord is able to tender the same, nor which date shall thenceforth be deemed the Commencement Date; and Landlord be liable hereby waives payment of rent covering any period prior to the tendering of possession to Tenant for any loss or damagehereunder. After the Commencement Date, resulting from Landlord's inability Tenant shall, upon demand, execute and deliver to deliver the Premises to Tenant on the date specified in Landlord's notice given pursuant to Section 3.2, but no rent hereunder shall be payable hereunder with respect to any delay in Landlord a letter of acceptance of delivery of the Premises which is caused solely by Landlord. Provided Tenant has not been in default during the Term of the Lease, Landlord hereby grants Tenant the right to renew the Lease for one (1) additional five (5) year period, at the greater of the then current Basic Rent increased in accordance with this Lease or at the then current fair market lease rental rate for the Building as determined by the Landlord. In order to exercise its renewal option, Tenant shall give Landlord a minimum of six (6) months written notice prior to the end of the Term of its intention to renew this LeasePremises.

Commencement Date. 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 (as hereinafter defined). The term Term of this Lease shall commence on the that date this Lease is executed (the "Commencement Date") which is the earlier of (i) the "Scheduled Commencement Date" as specified in Article 1, and shall end ten (10ii) years the date Tenant commences the conduct of business from the date Premises (other than pursuant to Section 2.8 below). Tenant's obligation to commence the payment of rent commences as set forth in Section 4.1 of this Lease, unless sooner terminated pursuant hereto Fixed Rent shall commence on that date (the "TERM"). Promptly following the Rent Commencement Date, Landlord and Tenant shall confirm the Commencement Date and the expiration date by executing and delivering a Memorandum of Commencement Date ("MEMORANDUM") which is the later of (i) the "Scheduled Rent Commencement Date" specified in Article 1, as such date may be extended for Landlord Delays (as defined in the form Workletter Agreement attached hereto as Exhibit D (the "B." This Lease shall Workletter Agreement")), and (ii) if Landlord does not be void, voidable or subject to termination, nor shall Landlord be liable to Tenant for any loss or damage, resulting from Landlord's inability to deliver tender possession of the Premises to Tenant on or before the "Delivery Grace Period Expiration Date" specified in Article 1, then, the date specified in which is the same number of days following the Scheduled Rent Commencement Date as the date of Landlord's notice given pursuant to Section 3.2, but no rent hereunder shall be payable hereunder with respect to any delay in delivery tender of possession of the Premises which to Tenant ("Delivery Date") is caused solely by Landlordfollowing the Delivery Grace Period Expiration Date. Provided Tenant has not been in default during Unless sooner terminated as hereinafter provided, the Term shall end on the "Expiration Date" specified in Article 1. If Landlord does not tender possession of the LeasePremises to Tenant on or before the "Scheduled Delivery Date" specified in Article 1 for any reason whatsoever, Landlord hereby grants Tenant the right to renew the Lease shall not be liable for one (1) additional five (5) year periodany damage thereby, at the greater of the then current Basic Rent increased in accordance with and, except as otherwise provided herein, this Lease shall not be void or at the then current fair market lease rental rate for the Building as determined by the Landlord. In order to exercise its renewal option, Tenant shall give Landlord a minimum of six (6) months written notice prior to the end of the Term of its intention to renew this Leasevoidable thereby.

Commencement Date. 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. The term Term of this Lease shall commence on the date this Lease is executed (the "Commencement Date") and . Unless sooner terminated or extended as hereinafter provided, the Term shall end ten (10) years from on the date the payment Expiration Date. If Landlord does not tender possession of rent commences as set forth in Section 4.1 of this Lease, unless sooner terminated pursuant hereto (the "TERM"). Promptly following the Commencement Date, Landlord and Tenant shall confirm the Commencement Date and the expiration date by executing and delivering a Memorandum of Commencement Date ("MEMORANDUM") in the form attached hereto as Exhibit "B." This Lease shall not be void, voidable or subject to termination, nor shall Landlord be liable to Tenant for any loss or damage, resulting from Landlord's inability to deliver the Premises to Tenant on or before the date specified in Landlord's notice given pursuant to Section 3.2Commencement Date or any other particular date, but no rent hereunder for any reason whatsoever, Landlord shall not be liable for any damage thereby, this Lease shall not be void or voidable thereby, and the Term shall not commence until the Commencement Date. Landlord shall be payable hereunder deemed to have tendered possession of the Premises to Tenant upon the giving of notice by Landlord to Tenant stating that the Premises are vacant, in the condition required by this Lease and available for Tenant’s occupancy. No failure to tender possession of the Premises to Tenant on or before the Commencement Date shall affect any other obligations of Tenant hereunder. In the event Landlord is required to perform any work or improvement to the Premises or the Building prior to delivery of the Premises to Tenant, there shall be no postponement of the Commencement Date for (i) any delay in the tender of possession to Tenant which results from any Tenant Delay or (ii) any delays by Landlord in the performance of any punch list items relating to Landlord’s work. Once the Commencement Date is determined, Landlord shall deliver to Tenant a notice in the form as set forth in Exhibit E, attached hereto, as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within ten (10) 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 and/or commences construction, except to the extent that Tenant is authorized in this Lease or by Landlord’s agreement to do any of the foregoing without being deemed to have accepted possession of the Premises, and except further that the foregoing shall not relieve Landlord from its obligation to complete or correct any punch list items as provided herein with respect to any delay in delivery of the Premises which work or improvement Landlord is caused solely by Landlord. Provided Tenant has not been in default during the Term of the Lease, Landlord hereby grants Tenant the right required to renew the Lease for one (1) additional five (5) year period, at the greater of the then current Basic Rent increased in accordance with this Lease or at the then current fair market lease rental rate for the Building as determined by the Landlord. In order perform pursuant to exercise its renewal option, Tenant shall give Landlord a minimum of six (6) months written notice prior to the end of the Term of its intention to renew this Lease.

Commencement Date. The term of this Lease shall commence on the date this Lease is executed (the "Commencement Date"" shall mean the earlier of: (i) and shall end ten (10) years from the date the payment "Tenant Improvements" have been "Substantially Completed" (as such terms are defined in Exhibit B attached hereto) except for such work as Landlord is required to perform but cannot complete until Tenant performs necessary portions of rent commences construction work it has elected or is required to do; or (ii) thirty (30) days after the date Landlord notifies and permits Tenant to have early occupancy of part of the Premises as set forth provided in Section 4.1 PARA 12.5 hereof, which is estimated to be the date Landlord obtains possession of this Leasethe Premises from the existing tenant (whose lease is scheduled to expire on February 14, unless sooner terminated pursuant hereto (the "TERM"2000). Promptly following To the Commencement Date, Landlord and Tenant shall confirm extent the Commencement Date and is delayed due to any `Tenant Delay" (as defined in Exhibit B attached hereto), then the expiration calculation of the date by executing and delivering a Memorandum of under clause (i) above shall be deemed the date the Tenant Improvements would have been Substantially Completed (as defined in Exhibit B) but for such Tenant Delay, Tenant acknowledges that the Commencement Date ("MEMORANDUM") in the form attached hereto as Exhibit "B." This Lease shall not be void, voidable or subject to termination, nor shall Landlord be liable to Tenant for any loss or damage, resulting from Landlord's inability to deliver the Premises to Tenant on the date specified in Landlord's notice given pursuant to Section 3.2, but no rent hereunder shall be payable hereunder with respect to any delay in delivery of the Premises which is caused solely by Landlord. Provided Tenant has not been in default during the Term of the Lease, Landlord hereby grants Tenant the right to renew the Lease for one (1) additional five (5) year period, at the greater of the then current Basic Rent increased in accordance with this Lease or at the then current fair market lease rental rate for the Building as determined by the Landlord. In order to exercise its renewal option, Tenant shall give Landlord a minimum of six (6) months written notice may occur prior to the end of date the Term of Tenant Improvements will be Substantially Completed or when Tenant may physically occupy the Premises. However, Landlord covenants and agrees to use its intention commercially reasonably efforts to renew this Leaseconstruct the Tenant Improvements with due diligence. Notwithstanding the date for the Commencement Date provided above, Tenant may have early access to the Premises as provided in Section 2.5 hereof.

Commencement Date. The term date on which the Landlord’s Work is Substantially Complete (as defined in Paragraph 4 of Exhibit “D. Notwithstanding the foregoing, if Landlord anticipates that the Landlord’s Work will be Substantially Complete prior to the Target Turnover Date (as defined below), Landlord shall provide Tenant with prior written notice thereof at least nine (9) months prior to the anticipated earlier date of such Substantial Completion; provided, however, that (subject to the next grammatical sentence of this Lease shall commence on the date this Lease is executed (the "Commencement Date") and shall end ten (10) years from the date the payment of rent commences as set forth in Section 4.1 of this Lease1(d)), unless sooner terminated pursuant hereto (the "TERM"). Promptly following the Commencement Date, Landlord and Tenant shall confirm not be required to accept delivery of the Landlord’s Work, nor shall the Commencement Date and commence, more than sixty (60) days prior to the expiration date by executing and delivering a Memorandum Target Turnover Date. Notwithstanding the forgoing, if Tenant elects (subject to the terms of Exhibit “D”) to commence the Tenant Finish Work prior to the Substantial Completion of the Landlord’s Work, then the Commencement Date shall be the earlier of ("MEMORANDUM"i) the date determined in accordance with the form attached hereto preceding provisions of this Section 1(d), or (ii) the date on which the Tenant Finish Work is substantially complete (as determined in accordance with Exhibit "B." This Lease shall “D”). If the Landlord’s Work is not be voidSubstantially Complete by the date that is thirty (30) days after the Target Turnover Date, voidable or then subject to terminationExcusable Delays (as defined in Exhibit “D”), nor shall Landlord be liable to Tenant for any loss or damage, resulting from Landlord's inability to deliver the Premises to Tenant on the date specified in Landlord's notice given pursuant to Section 3.2, but no rent hereunder shall be payable hereunder with respect entitled to any delay in delivery an abatement of the Premises which is caused solely by Landlord. Provided Tenant has Minimum Annual Rent (but not been in default during the Term Additional Rent) of the Lease, Landlord hereby grants Tenant the right to renew the Lease for one (1) additional five (5) year periodday for each such day of delay, at which abatement shall be applied against the greater of the then current Basic Rent increased in accordance with this Lease or at the then current fair market lease rental rate for the Building as determined by the Landlord. In order to exercise its renewal option, Tenant shall give Landlord a minimum of six (6) months written notice prior to the end earliest period of the Term for which Minimum Annual Rent would otherwise be payable and, at Landlord’s election, the Term shall be extended one (1) day for each such day of its intention to renew this Leaseabatement.

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 of this Lease Term hereof shall commence on the date this Lease is executed (the "Commencement Date") and shall end ten (10) years from the date the payment of rent commences . Except as specifically set forth in Section 4.1 27.2 hereinafter, if Landlord is unable to give possession of this Lease, unless sooner terminated pursuant hereto (the "TERM"). Promptly following the Commencement Date, Landlord and Tenant shall confirm Premises on the Commencement Date and because the expiration date by executing and delivering a Memorandum construction of Commencement Date ("MEMORANDUM") in the form attached hereto as Exhibit "B." This Lease Facility or the completion of the Premises has not been sufficiently completed to make the Premises ready for occupancy, or for any reason, Landlord shall not be void, voidable or subject to terminationany claims, nor shall Landlord be liable damages or liabilities for the failure to Tenant for any loss or damage, resulting from Landlord's inability to deliver give possession on said date. 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, provided, however this provision shall not limit Tenant’s right to Tenant on the date specified in Landlord's notice given require Landlord to correct incomplete or defective work pursuant to Section 3.24.03, but no rent hereunder in the Building or Premises. Under said circumstances, the Rent reserved and covenant to pay same shall be payable hereunder with respect to any delay in delivery not commence until possession of the Premises which is caused solely by Landlord. Provided Tenant has not been given and the Premises are ready for occupancy, whichever is earlier, and failure to give possession on the Commencement Date shall in default during no way affect the Term validity of the Lease, Landlord hereby grants Tenant the right to renew the Lease for one (1) additional five (5) year period, at the greater of the then current Basic Rent increased in accordance with this Lease or at the then current fair market lease obligations of Tenant hereunder, except that Tenant’s obligation to make rental rate for the Building as determined by the Landlord. In order and other required payments (other than pursuant to exercise its renewal option, Tenant Article XXIII herein) shall give Landlord be deferred and there shall be a minimum of six (6) months written notice prior to the end corresponding extension of the Term of its intention to renew this LeaseExpiration Date.

Commencement Date. The term of this Lease shall commence on the date this Lease is executed (specified in Section 1(b), or on such earlier or later date as may be specified by written notice delivered by Landlord to Tenant advising Tenant that the "Premises are ready for possession and specifying the Commencement Date") and , which shall end not be less than ten (10) years from days following the date of such notice. If Tenant occupies the payment of rent commences as set forth Premises before the Commencement Date specified in Section 4.1 1(b), then the Commencement Date shall be the date of occupancy. If Landlord acts diligently to make the Premises available to Tenant, neither Landlord nor any agent or employee of Landlord shall be liable for any damage or loss due to Landlord's inability or failure to deliver possession of the Premises to Tenant as provided in this Lease, unless sooner terminated pursuant hereto (the "TERM"). Promptly following The Termination Date shall be modified upon any change in the Commencement DateDate so that the length of the Lease term is not changed. If Landlord does not deliver possession of the Premises to Tenant within ninety days (90) after the date specified in Section 1(b), Tenant may elect to cancel this Lease by giving written notice to Landlord within 10 days after such time period ends. If Tenant gives such notice, the Lease shall be cancelled, all prepaid rent and security deposits shall be refunded to tenant, and neither Landlord nor Tenant shall confirm have any further obligations to the other. The first "Lease Year" shall commence on the Commencement Date and the expiration date by executing and delivering a Memorandum of Commencement Date ("MEMORANDUM") in the form attached hereto as Exhibit "B." This Lease shall not be void, voidable or subject to termination, nor shall Landlord be liable to Tenant for any loss or damage, resulting from Landlord's inability to deliver the Premises to Tenant end on the date specified in Landlord's notice given pursuant to Section 3.2, but no rent hereunder shall be payable hereunder with respect to any delay in delivery of the Premises which is caused solely by Landlord. Provided Tenant has not been in default during the Term of the Lease, Landlord hereby grants Tenant the right to renew the Lease for one twelve (1) additional five (5) year period, at the greater of the then current Basic Rent increased in accordance with this Lease or at the then current fair market lease rental rate for the Building as determined by the Landlord. In order to exercise its renewal option, Tenant shall give Landlord a minimum of six (612) months written notice prior to from the end of the Term month in which the Commencement Date occurs. Each successive Lease Year during the initial term and any extension terms shall be twelve (12) months, commencing on the first day following the end of its intention to renew this Leasethe preceding Lease Year, except that the last Lease Year shall end on the Termination Date.

Commencement Date. The term If Landlord is not obligated to construct improvements to the Premises prior to the Commencement Date pursuant to Section 2.3, then, on the Scheduled Commencement Date, Landlord shall deliver possession of this the Premises to Tenant and the Lease Term shall commence on such date (and such date shall be referred to herein as the “Commencement Date”), subject to Section 2.4. If Landlord is required to construct improvements to the Premises prior to the Commencement Date pursuant to Section 2.3, then the Scheduled Commencement Date shall be only an estimate of the actual Commencement Date, and the Lease Term shall begin on the first to occur of the following, which, subject to acceleration under the Work Letter attached hereto as Exhibit C, shall be the “Commencement Date”: (i) the date this Lease is executed Landlord offers to deliver possession of the Premises to Tenant following substantial completion of all improvements to be constructed by Landlord pursuant to Section 2.3 except for punchlist items which do not prevent Tenant from using the Premises for the Permitted Use, or (ii) the "date Tenant enters into occupancy of the Premises. Tenant shall accept possession and enter into good faith occupancy of the entire Premises and commence the operation of its business therein within thirty (30) days after the Commencement Date") and shall end ten (10) years from the date the payment of rent commences as set forth in Section 4.1 of this Lease, unless sooner terminated pursuant hereto (the "TERM"). Promptly following the Commencement Datedelivery of possession of the Premises by Landlord to Tenant, Landlord and Tenant shall confirm the Commencement Date and the expiration date by executing and delivering together execute a Memorandum of Commencement Date ("MEMORANDUM") in the form attached hereto as Exhibit "B." This Lease D, appropriately completed (but the failure to execute such Memorandum of Commencement Date shall not be void, voidable affect the Commencement Date or subject to termination, nor shall Landlord be liable to Tenant for any loss or damage, resulting from Landlord's inability to deliver the Premises to Tenant on the date specified in Landlord's notice given pursuant to Section 3.2, but no rent hereunder shall be payable hereunder with respect to any delay in delivery of the Premises which is caused solely by Landlord. Provided Tenant has not been in default during the Term of the Lease, Landlord hereby grants Tenant the right to renew the Lease for one (1) additional five (5) year period, at the greater of the then current Basic Rent increased in accordance with this Lease or at the then current fair market lease rental rate for the Building as determined by the Landlord. In order to exercise its renewal option, Tenant shall give Landlord a minimum of six (6) months written notice prior to the end of the Term of its intention to renew this LeaseTenant’s obligations hereunder).

Commencement Date. The term Notwithstanding the terms of this Paragraph 1 above and notwithstanding anything to the contrary contained in the Lease shall (including without limitation, the provisions of Section 8(b) of Exhibit C to the Lease), the Term of the Lease as to both Premises A and Premises B 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 A or Premises B), will commence on the date this Lease is executed (the "Commencement Date") and shall end ten which is the earlier of: (10i) years the date Tenant moves into any portion of the Premises to commence operation of its business from the Premises; (ii) the date which is ninety (90) days after Landlord completes the Base Building Improvements; or (iii) the date the payment 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 rent commences the Base Building Improvements are delayed as set forth in Section 4.1 a result of this Lease, unless sooner terminated pursuant hereto any "Tenant Delays" (the "TERM"). Promptly following the Commencement Date, Landlord and Tenant shall confirm the Commencement Date and the expiration date by executing and delivering a Memorandum of Commencement Date ("MEMORANDUM") as defined in the form attached hereto Lease), then the date for establishing substantial completion under item (ii) herein as Exhibit would otherwise have been established pursuant to this Section will be accelerated by the number of days of such "B." This Lease Tenant Delays". For purposes of item (ii) above, a Tenant Delay shall not be void, voidable or subject deemed to termination, nor shall Landlord be liable to Tenant for any loss or damage, resulting from Landlord's inability to deliver the Premises to Tenant on accelerate the date specified in Landlord's notice given pursuant to Section 3.2, but no rent hereunder shall be payable hereunder with respect to any delay in delivery for establishing substantial completion of the Premises which is caused solely by Landlord. Provided Base Building Improvements unless Landlord has given Tenant written notice of such Tenant Delay and Tenant has not been in default during ceased such activity causing the Term of the Lease, Landlord hereby grants alleged Tenant the right to renew the Lease for one Delay within two (12) additional five (5) year period, at the greater of the then current Basic Rent increased in accordance with this Lease or at the then current fair market lease rental rate for the Building as determined by the Landlord. In order to exercise its renewal option, Business Days after Tenant shall give Landlord a minimum of six (6) months written notice prior to the end of the Term of its intention to renew this Leasehas received such notice.

Commencement Date. The term of this Lease Commencement Date shall commence on be either (i) the date this Lease of substantial completion ("Substantial Completion") of Landlord's obligations for construction of the Premises in accordance the Construction Provisions (Exhibit "C"), or (ii) November 1, 1988, whichever occurs last. Substantial Completion is executed defined as the date Landlord notifies Tenant that Landlord's obligations for construction of the Premises have been substantially completed in accordance with the Construction Provisions. Certification by Landlord's Architect (the ("Project Architect") of Substantial Completion shall be conclusive and binding upon the parties hereto. Notwithstanding the foregoing, in the event that Substantial Completion is delayed by reason of any act or omission of Tenant, (a "Tenant Delay"), the date specified in clause (i) above shall be the date Substantial Completion would have occurred had the Tenant Delay(s) not occurred. In no event shall Tenant be required to take possession of the Premises prior to November 1, 1998. Landlord may provide for Substantial Completion of the Premises on or after the Target Commencement Date") and . Landlord shall end ten (10) years from deliver possession of the Premises to Tenant on or before the date of Substantial Completion of the payment Premises. Landlord shall exercise reasonable efforts to notify Tenant 30 days in advance of rent commences as set forth in Section 4.1 of this Lease, unless sooner terminated pursuant hereto (the "TERM"). Promptly following the estimated Commencement Date. However, in the event delivery of the Premises is delayed beyond the Target Commencement Date for any reason, Landlord and Tenant shall confirm the Commencement Date and the expiration date by executing and delivering a Memorandum of Commencement Date ("MEMORANDUM") in the form attached hereto as Exhibit "B." This Lease shall not be void, voidable liable or subject to termination, nor shall Landlord be liable responsible to Tenant for any loss or damage, damage suffered by Tenant resulting from Landlord's inability to deliver the Premises to Tenant on the date specified in Landlord's notice given pursuant to Section 3.2, but no rent hereunder shall be payable hereunder with respect to any delay in delivery of the Premises which is caused solely by Landlord. Provided Tenant has not been in default during the Term of the Lease, Landlord hereby grants Tenant the right to renew the Lease for one (1) additional five (5) year period, at the greater of the then current Basic Rent increased in accordance with this Lease or at the then current fair market lease rental rate for the Building as determined by the Landlord. In order to exercise its renewal option, Tenant shall give Landlord a minimum of six (6) months written notice prior to the end of the Term of its intention to renew this Leasesuch delay.

Commencement Date. The term “Commencement Date” means, subject to the terms of subparagraph (c) below, the day that Landlord tenders the Premises to Tenant with the Work Substantially Complete or that date that Landlord would have tendered possession of the Premises but for a Tenant Delay Day. If Landlord fails to tender possession of the Premises to Tenant by the Scheduled Commencement Date, such failure will not constitute a default of this Lease shall commence on the date this Lease is executed (the "Commencement Date") and shall end ten (10) years from the date the payment of rent commences as set forth in Section 4.1 or grounds for termination of this Lease, unless sooner terminated pursuant hereto and Tenant agrees to accept possession of the Premises when same are tendered by Landlord. If, for any reason other than a Tenant Delay Day or a Force Majeure event, Landlord fails to tender possession of the Premises to Tenant with the Work Substantially Completed within [***] after the date of this Lease, then for each day after such date that Landlord is late in so tendering, Tenant shall be entitled to [***] of abatement of Base Rent (the "TERM"). Promptly which shall be applied following the Commencement Date) (the day for day rent credit shall be referred to as the “Late Delivery Rent Credit”). The Late Delivery Rent Credit, Landlord if any, shall be applied in equal monthly installments against Base Rent as and Tenant when same comes due and is payable until fully applied, provided that such Late Delivery Rent Credit shall confirm be in addition to the application of any abatement of Rent or other off-set provided herein. Delay in the Commencement Date and the expiration date by executing and delivering a Memorandum of Commencement Date ("MEMORANDUM") in the form attached hereto as Exhibit "B." This Lease shall not be void, voidable or subject Landlord to termination, nor shall Landlord be liable to Tenant liability for any loss or damage, damage resulting from Landlord's inability to deliver the Premises to Tenant on the date specified in Landlord's notice given pursuant to Section 3.2, but no rent hereunder therefrom and Tenant’s sole recourse shall be payable hereunder with respect to any delay as provided in delivery of the Premises which is caused solely by Landlordthis Section above. Provided Tenant has not been in default during the Term of the Lease, Landlord hereby grants Tenant the right to renew the Lease for one (1) additional five (5) year period, at the greater of the then current Basic Rent increased in accordance with this Lease or at the then current fair market lease rental rate for the Building as determined by the Landlord. In order to exercise its renewal option, Tenant shall give Landlord a minimum of six (6) months written notice prior to the end of the Term of its intention to renew this Lease.​

Commencement Date. The term (a) As herein used, the phrase “commencement date” shall mean the earlier of: (i) the day Tenant opens for business in the demised premises or (ii) one hundred fifty (150) days after Landlord has delivered possession of the demised premises to Tenant in the condition required by the terms of Section 3(b) of this Lease shall commence on (the date “Required Condition”). Landlord agrees to deliver the demised premises to Tenant in the Required Condition within thirty (30) days after the Effective Date (the “Delivery Date”). If Landlord does not deliver the demised premises to Tenant as required herein within three (3) days after the Delivery Date, Tenant may terminate this Lease is executed (or defer delivery until January 2, 2007. If Tenant defers delivery and Landlord does not thereafter deliver the "Commencement Date") and shall end ten (10) years from the date the payment of rent commences as set forth in Section 4.1 of demised premises to Tenant on or before January 2, 2007, Tenant may terminate this Lease. In the event that the demised premises are not delivered to Tenant in the Required Condition on or before the Delivery Date, unless sooner terminated pursuant hereto (the "TERM"). Promptly following minimum rent due hereunder shall be adjusted so that, after the Rent Commencement Date, Landlord and the Tenant shall confirm the Commencement Date and the expiration date by executing and delivering receive a Memorandum of Commencement Date ("MEMORANDUM") in the form attached hereto as Exhibit "B." This Lease shall not be void, voidable or subject credit against minimum rent thereafter due Landlord equal to termination, nor shall Landlord be liable to Tenant for any loss or damage, resulting from Landlord's inability to deliver the Premises to Tenant on the date specified in Landlord's notice given pursuant to Section 3.2, but no rent hereunder shall be payable hereunder with respect to any delay in delivery of the Premises which is caused solely by Landlord. Provided Tenant has not been in default during the Term of the Lease, Landlord hereby grants Tenant the right to renew the Lease for one (1) additional five (5) year period, at day of minimum rent for each day after the greater Delivery Date until delivery of the then current Basic Rent increased in accordance demised premises is made to Tenant consistent with the terms of this Lease or at the then current fair market lease rental rate for the Building as determined by the LandlordLease. In order to exercise its renewal option, Tenant shall give Landlord a minimum of six (6) months written notice prior to the end Time is of the Term of its intention to renew essence regarding all dates set forth in this LeaseSection 3.

Commencement Date. If improvements are to be erected upon the Leased Premises pursuant to a separate Leasehold Improvements Agreement between Lessor and Lessee, as described in Section 6.1, and the “Commencement Date” shall be the earlier of the date Lessee begins operating its business in the Leased Premises or the scheduled “Commencement Date” as stated herein; and if no improvements are to be erected upon the Leased Premises pursuant to a Leasehold Improvements Agreement, the Commencement Date shall be the earlier of the date Lessee begins operating its business in the Leased Premises or May 15, 2011 (the “Commencement Date”). The Commencement Date shall constitute the commencement of the term of this Lease shall commence on the date for all purposes, whether or not Lessee has actually taken possession. If this Lease is executed (before the "Commencement Date") Leased Premises become vacant or otherwise available and shall end ten (10) years from ready for occupancy by Lessee, or if any present occupant of the date Leased Premises holds over and Lessor cannot acquire possession of the payment of rent commences as set forth in Section 4.1 of this Lease, unless sooner terminated pursuant hereto (the "TERM"). Promptly following Leased Premises before the Commencement Date, Landlord and Tenant then (i) Lessee’s obligation to pay rent hereunder shall confirm be waived until Lessor tenders possession of the Leased Premises to Lessee, (ii) the term shall be extended by the time between the scheduled Commencement Date and the expiration date by executing and delivering a Memorandum on which Lessor tenders possession of the Leased Premises to Lessee (which date will then be defined as the Commencement Date Date), ("MEMORANDUM"iii) in the form attached hereto as Exhibit "B." This Lease Lessor shall not be void, voidable in default hereunder or subject to termination, nor shall Landlord be liable to Tenant for any loss or damagedamages therefore, resulting from Landlord's inability to deliver the Premises to Tenant on the date specified in Landlord's notice given pursuant to Section 3.2, but no rent hereunder and (iv) Lessee shall be payable hereunder with respect to any delay in delivery accept possession of the Leased Premises which is caused solely by Landlord. Provided Tenant has not been in default during the Term of the Lease, Landlord hereby grants Tenant the right when Lessor tenders possession thereof to renew the Lease for one (1) additional five (5) year period, at the greater of the then current Basic Rent increased in accordance with this Lease or at the then current fair market lease rental rate for the Building as determined by the Landlord. In order to exercise its renewal option, Tenant shall give Landlord a minimum of six (6) months written notice prior to the end of the Term of its intention to renew this LeaseLessee.

Commencement Date. 1. The term of this Lease shall commence on the commencement date (“Commencement Date”) for this Lease is executed (the "Commencement Date") and shall end ten (10) years from the date the payment of rent commences as set forth in Section 4.1 of the Schedule; provided, however, that (a) if the Substantial Completion Date fails to occur on or before December 29, 2003 for any reason, (i) this Lease, unless sooner terminated pursuant hereto (the "TERM"). Promptly following the Commencement Date, Landlord and Tenant shall confirm the Commencement Date and the expiration date by executing and delivering a Memorandum of Commencement Date ("MEMORANDUM") in the form attached hereto as Exhibit "B." This Lease shall not be voidvoid or voidable by either party, voidable or subject to termination, nor (ii) Landlord shall Landlord not be liable to Tenant for any loss or damagedamage resulting therefrom, resulting from and (iii) the Commencement Date shall be revised to mean the Substantial Completion Date; and (b) if Tenant commences business operations in any portion of the Premises prior to the Commencement Date, the Commencement Date shall be deemed to have occurred on the date Tenant commences business operations in the Premises. Notwithstanding the foregoing, if Landlord is delayed in completing Landlord's inability to deliver ’s Work (as defined in the Tenant Improvement Agreement attached hereto as Exhibit C) or in delivering possession of the Premises to Tenant as a result of any Tenant Delay (as defined in Section 4 of Exhibit C), the Substantial Completion Date shall be deemed to have occurred on the date specified the Substantial Completion Date would have occurred in the absence of such Tenant Delay, as reasonably determined by Landlord or Landlord's notice given pursuant to Section 3.2, but no rent hereunder ’s architect. Tenant shall be payable hereunder responsible for and shall pay any additional costs and expenses incurred by Landlord in connection with respect to the completion of Landlord’s Work as a result of any delay in delivery of Tenant Delay. Notwithstanding the Premises which is caused solely by Landlord. Provided foregoing, if the Substantial Completion Date does not occur on or before May 31, 2004, Tenant has not been in default during the Term of the Lease, Landlord hereby grants Tenant shall have the right to renew the Lease for one (1) additional five (5) year period, at the greater of the then current Basic Rent increased in accordance with terminate this Lease or at the then current fair market lease rental rate for the Building as determined by the Landlord. In order to exercise its renewal option, Tenant shall give Landlord a minimum delivery of six (6) months written notice prior to the end of the Term of its intention to renew this LeaseLandlord no later than June 15, 2004.

Commencement Date. The term If improvements are to be erected upon the Leased Premises pursuant to a separate Leasehold Improvements Agreement between Lessor and Lessee, as described in Section 6.1, and the "Commencement Date" shall be the earlier of this Lease shall commence on the date this Lease is executed Lessee begins operating its business in the Leased Premises or the scheduled "Commencement Date" as stated herein; and if no improvements are to be erected upon the Leased Premises pursuant to a Leasehold Improvements Agreement, the Commencement Date shall be the earlier of the date Lessee begins operating its business in the Leased Premises or July 5 , 2000 (the "Commencement Date") and ). The Commencement Date shall end ten (10) years from constitute the date commencement of the payment of rent commences as set forth in Section 4.1 term of this LeaseLease for all purposes, unless sooner terminated pursuant hereto (whether or not Lessee has actually taken possession. If this Lease is executed before the "TERM"). Promptly following Leased Premises become vacant or otherwise available and ready for occupancy by Lessee, or if any present occupant of the Leased Premises holds over and Lessor cannot acquire possession of the Leased Premises before the Commencement Date, Landlord and Tenant then (a) Lessee's obligation to pay rent hereunder shall confirm be waived until Lessor tenders possession of the Leased Premises to Lessee, (b) the term shall be extended by the time between the scheduled Commencement Date and the expiration date by executing and delivering a Memorandum on which Lessor tenders possession of the Leased Premises to Lessee (which date will then be defined as the Commencement Date Date), ("MEMORANDUM"c) in the form attached hereto as Exhibit "B." This Lease Lessor shall not be void, voidable in default hereunder or subject to termination, nor shall Landlord be liable to Tenant for any loss or damagedamages therefore, resulting from Landlord's inability to deliver the Premises to Tenant on the date specified in Landlord's notice given pursuant to Section 3.2, but no rent hereunder and (d) Lessee shall be payable hereunder with respect to any delay in delivery accept possession of the Leased Premises which is caused solely by Landlord. Provided Tenant has not been in default during the Term of the Lease, Landlord hereby grants Tenant the right when Lessor tenders possession thereof to renew the Lease for one (1) additional five (5) year period, at the greater of the then current Basic Rent increased in accordance with this Lease or at the then current fair market lease rental rate for the Building as determined by the Landlord. In order to exercise its renewal option, Tenant shall give Landlord a minimum of six (6) months written notice prior to the end of the Term of its intention to renew this LeaseLessee.

Commencement Date. The term of this Lease shall commence on the commencement date this Lease is executed (the "Commencement Date") and shall end ten (10) years from for this Lease is the date the payment of rent commences as set forth in Section 4.1 the Schedule. Tenant agrees and acknowledges that the Commencement Date shall not be delayed as a result of this Lease, unless sooner terminated pursuant hereto (any delays which may occur in the completion of the "TERM"). Promptly following Tenant Improvements," as described in Section 4 and the Tenant Improvement Agreement and Work Letter, attached hereto as EXHIBIT C. If Landlord does not deliver possession of the Premises by the Commencement Date, Landlord and Tenant shall confirm the Commencement Date and the expiration date by executing and delivering a Memorandum of Commencement Date ("MEMORANDUM") in the form attached hereto as Exhibit "B." This for any reason whatsoever, then this Lease shall not be voidvoid or voidable, voidable or subject to termination, nor and Landlord shall Landlord not be liable to Tenant for any loss or damagedamage resulting therefrom. Furthermore, resulting from Landlord's inability to deliver the Premises to Tenant on the date specified in Landlord's notice given pursuant to Section 3.2, but no rent hereunder shall be payable hereunder with respect to any delay in delivery of possession shall in any way operate to extend the Expiration Date or any other obligation of Landlord or Tenant hereunder, provided, however, the Monthly Base Rent shall be waived for the period between the Commencement Date and the date when Landlord delivers possession of the Premises which to Tenant. In the event Landlord is caused solely by Landlord. Provided Tenant has not been in default during the Term unable to deliver possession of the LeasePremises within ninety days after the Commencement Date, either party may elect to cancel this Lease by giving the other party written notice of its election to cancel and the Lease shall be canceled as of the date of the Notice. If the delay in Commencement is in no way related to Tenant's actions or inactions, Landlord hereby grants Tenant the right to renew the Lease for one (1) additional five (5) year period, at the greater of the then current Basic Rent increased in accordance with this Lease or at the then current fair market lease rental rate for the Building as determined by the Landlord. In order to exercise its renewal option, Tenant shall give Landlord a minimum of six (6) months written notice prior to the end of the Term of its intention to renew return any prepaid rent and Security Deposit and neither party shall have any further liability under this Lease.

Commencement Date. The term of this Lease (“Lease Term”) shall commence be for the period specified in Paragraph 1.5 above, commencing on the date this Lease is executed (the "Commencement Date") and shall end ten (10) years from the date the payment of rent commences as set forth in Section 4.1 Paragraph 1.6 (“Commencement Date”); provided, however, if Landlord does not deliver the Premises in the Delivery Condition referred to in Paragraph 2.4 above on or before April 1, 2011, then the Commencement Date of this LeaseLease shall be the date Landlord delivers the Premises to Tenant in the Delivery Condition required above, unless sooner terminated pursuant hereto the Ending Date shall be the date sixty-nine (69) months following the "TERM")date Landlord delivers the Premises to Tenant in the Delivery Condition and no base Rent shall be due for the first nine (9) months following the date of such delivery of the Premises to Tenant in the Delivery Condition. Promptly following the Commencement DateDate of this Lease, upon presentation of the same to Tenant, Landlord and Tenant shall confirm the Commencement Date and Ending Date in writing, by completing and executing the expiration date by executing and delivering a Memorandum of Commencement Date ("MEMORANDUM") Letter in the form of Exhibit D attached hereto. Tenant’s failure to execute and deliver the letter attached hereto as Exhibit "B." This Lease D within ten (10) days after Tenant receives written request from Landlord to do so (subject to any legitimate disagreement by Tenant with the terms thereof, which both parties shall use reasonable efforts to resolve) shall not be void, voidable or subject to termination, nor shall Landlord be liable to a Default by Tenant for any loss or damage, resulting from Landlord's inability to deliver the Premises to Tenant on the date specified in Landlord's notice given pursuant to Section 3.2hereunder, but no rent hereunder the failure of either party to execute and deliver such letter shall be payable hereunder with respect to any delay in delivery of not change the Premises which is caused solely by Landlord. Provided Tenant has not been in default during the Term of the Lease, Landlord hereby grants Tenant the right to renew the Lease for one (1) additional five (5) year period, at the greater of the then current Basic Rent increased Commencement Date as determined in accordance with this Lease or at the then current fair market lease rental rate for the Building as determined by the LandlordLease. In order to exercise its renewal option, Tenant shall give Landlord a minimum of six (6) months written notice prior to the end The expiration of the Lease Term or sooner termination of its intention this Lease is referred to renew this Leaseherein as the “Lease Termination.”

Commencement Date. 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. The term Term of this Lease shall commence on the date Commencement Date. Unless sooner terminated or extended as hereinafter provided, the Term shall end on the Expiration Date. Landlord hereby represents that the Premises shall be vacant, in the condition required by this Lease is executed (the "Commencement Date") and Landlord shall end ten (10) years from the date the payment of rent commences as set forth in Section 4.1 of this Lease, unless sooner terminated pursuant hereto (the "TERM"). Promptly following the Commencement Date, Landlord and Tenant shall confirm the Commencement Date and the expiration date by executing and delivering a Memorandum of Commencement Date ("MEMORANDUM") in the form attached hereto as Exhibit "B." This Lease shall not be void, voidable or subject to termination, nor shall Landlord be liable to Tenant for any loss or damage, resulting from Landlord's inability to deliver the Premises to Tenant for Tenant’s occupancy on March 15, 2009 for the date specified in Landlord's notice given pursuant to Section 3.2, but no rent hereunder shall be payable hereunder with respect to any delay in delivery purpose of Tenant’s construction of the Premises which is caused solely by Landlordinitial Improvements in the Premises. Provided Tenant has not been Notwithstanding any provision to the contrary contained in default during the Term of the this Lease, Landlord hereby grants Tenant shall have the right to renew occupy the Lease Premises for one the conduct of its business prior to the commencement of the Term commencing on March 15, 2009 and continuing through August 31, 2009, provided that (1A) additional Tenant shall give Landlord at least five (5) year period, at the greater days’ prior notice of any such occupancy of the then current Basic Rent increased in accordance with Premises, (B) a temporary certificate of occupancy or the legal equivalent allowing legal occupancy of the Premises shall have been issued by the appropriate Governmental Authorities for each such portion of the Premises to be occupied, and (C) all of the terms and conditions of this Lease or at shall apply, other than Tenant’s obligation to pay Fixed Rent, as though the then current fair market lease rental rate for Commencement Date had occurred (although the Building as determined by Commencement Date shall not actually occur until the Landlord. In order to exercise its renewal option, Tenant shall give Landlord a minimum occurrence of six (6) months written notice prior the same pursuant to the end terms of this Section 2.2) upon such occupancy of the Term of its intention to renew this LeasePremises by Tenant.