Common use of Commencement Date Clause in Contracts

Commencement Date. Upon the Effective Date, the terms and provisions hereof shall be fully binding on Landlord and Tenant prior to the occurrence of the Commencement Date. The Term of this Lease shall commence on the Commencement Date. Unless sooner terminated or extended as hereinafter provided, the Term shall end on the Expiration Date. If Landlord does not tender possession of the Premises to Tenant on or before the Delivery Date or any other particular date, for any reason whatsoever, Landlord shall not be liable for any damage thereby, this Lease shall not be void or voidable thereby, and the Term shall not commence until the Commencement Date. Notwithstanding the foregoing, the Commencement Date shall be extended by one day for each day delivery of the Premises is delayed past the Delivery Date. In addition, if the Delivery Date does not occur on or before November 1, 2006 then Tenant shall have the right to terminate this Lease effective upon delivery or written notice thereof to Landlord on or before December 1, 2006, provided further, however, that Tenant shall not be entitled to so terminate this Lease if the Delivery Date occurs subsequent to November 1, 2006 but prior to delivery of such notice by Tenant. Landlord shall be deemed to have tendered possession of the Premises to Tenant upon the giving of notice by Landlord to Tenant stating that the Premises are vacant, in the condition required by this Lease and available for Tenant’s occupancy. Except as otherwise provided herein, no failure to tender possession of the Premises to Tenant on or before the Delivery Date shall affect any other obligations of Tenant hereunder. There shall be no postponement of the Commencement Date for any delay in the tender of possession to Tenant which results from any Tenant Delay.

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 of this Lease shall commence on the Commencement Date. Unless Date and, unless sooner terminated or extended as hereinafter provided, the Term shall end on the Expiration Date. If Except as otherwise expressly provided in ARTICLE 4, if Landlord does not tender possession of the Premises to Tenant on or before the Delivery Date or any other particular specified date, for any reason whatsoever, Landlord shall not be liable for any damage thereby, this Lease shall not be void or voidable thereby, and the Term shall not commence until the Commencement Date. Notwithstanding the foregoing, the Commencement Date shall be extended by one day for each day delivery of the Premises is delayed past the Delivery Date. In addition, if the Delivery Date does not occur on or before November 1, 2006 then Tenant shall have the right to terminate this Lease effective upon delivery or written notice thereof to Landlord on or before December 1, 2006, provided further, however, that Tenant shall not be entitled to so terminate this Lease if the Delivery Date occurs subsequent to November 1, 2006 but prior to delivery of such notice by Tenant. Landlord shall be deemed to have tendered tenders 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. Except as otherwise provided herein, no No failure to tender possession of the Premises to Tenant on or before the Delivery Date any specified date shall affect any other obligations of Tenant hereunder. There shall be no postponement of Once the Commencement Date is determined, Landlord and Tenant shall execute an agreement stating the Commencement Date. Rent Commencement Date and Expiration Date, but the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession of the Premises, Tenant shall be deemed to have done so when Tenant first moves Tenant’s Property and/or any of its personnel into the Premises and/or commences construction. Such actions by Tenant shall be conclusive evidence, as against Tenant, that Landlord has completed the Abatement as described in Section 4.1 of this Lease, except for any delay Landlord’s Work as described in Section 4.3 of this Lease and Latent Defects as defined in Section 4.4 of this Lease. Tenant has accepted possession of the tender of possession to Tenant which results from any Tenant DelayPremises in its then current condition and at the time such actions were taken, the Premises and the Building were in a good and satisfactory condition as required by the Lease.

Commencement Date. Upon the Effective Date, the terms and provisions hereof The Commencement Date shall be fully binding on Landlord and Tenant prior to the occurrence date provided in Item 5 of the Commencement DateBasic Lease Provisions. The Term of If this Lease shall commence on is executed before the Commencement Date. Unless sooner terminated Premises become vacant or extended as hereinafter providedotherwise available or if any present tenant or occupant of the Premises holds over, the Term shall end on the Expiration Date. If and Landlord does cannot tender acquire possession of the Premises in time to Tenant on or before deliver them by the Delivery Date or any other particular date, for any reason whatsoever, Landlord shall not be liable for any damage therebyCommencement Date, this Lease shall not be void or voidable therebyvoidable, and the Term Landlord shall not commence until be deemed to be in default hereunder, nor shall Landlord be liable for any loss or damage directly or indirectly arising out of or resulting from such holdover, provided that in the event that the actual date of commencement is more than sixty (60) days after the date provided in Item 5 of the Basic Lease Provisions (subject to force majeure delays and any delays caused by Tenant, its agents, employees or contractors), Tenant shall be entitled, as its sole and exclusive remedy, to a rent credit equal to one day's Base Rent for each day that the Commencement Date is delayed beyond such sixty (60) day period. In the event that the actual date of commencement is more than one (1) year after the date that this Lease is fully executed (subject to force majeure delays and any delays caused by Tenant, its agents, employees or contractors), Tenant shall be entitled, as its sole and exclusive remedy, to terminate this Lease upon written notice to Landlord given within thirty (30) days after the expiration of such one (1) year period (but in any event prior to the date that Landlord delivers possession of the Premises with Landlord's Work substantially complete). Except as set forth herein, Tenant agrees to accept possession of the Premises at such time as Landlord is able to tender the same, which date shall thenceforth be deemed the Commencement Date. Notwithstanding the foregoing, After the Commencement Date shall be extended by one day for each day Date, Tenant shall, upon demand, execute and deliver to Landlord a letter of acceptance of delivery of the Premises is delayed past specifying the Delivery Commencement Date. In addition, if the Delivery Date does not occur on or before November 1, 2006 then Tenant shall have the right to terminate this Lease effective upon delivery or written notice thereof to Landlord on or before December 1, 2006, provided further, however, that Tenant shall not be entitled to so terminate this Lease if the Delivery Date occurs subsequent to November 1, 2006 but prior to delivery of such notice by Tenant1.4. Landlord shall be deemed to have tendered possession Condition 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. Except as otherwise provided herein, no failure to tender possession of the Premises to Tenant on or before the Delivery Date shall affect any other obligations of Tenant hereunder. There shall be no postponement of the Premises; Commencement Date for any delay in the tender of possession to Tenant which results from any Tenant DelayDate.

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 of this Lease shall commence on the Commencement Date. Unless sooner terminated or extended as hereinafter provided, the Term shall end on the "Expiration Date" specified in Article 1. If Landlord does not tender possession of the Premises to Tenant on or before the Delivery Date or any other particular dateScheduled Commencement Date, for any reason whatsoever, Landlord shall not be liable for any damage thereby, and this Lease shall not be void or voidable thereby, and the Term shall not commence until the Commencement Date. Notwithstanding the foregoing, the Commencement Date shall be extended by one day for each day delivery of the Premises is delayed past the Delivery Date. In addition, if the Delivery Date does not occur on or before November 1, 2006 then Tenant shall have the right to terminate this Lease effective upon delivery or written notice thereof to Landlord on or before December 1, 2006, provided further, however, that Tenant shall not be entitled to so terminate this Lease if the Delivery Date occurs subsequent to November 1, 2006 but prior to delivery of such notice by Tenant. Landlord shall be deemed to have tendered possession of the Premises to Tenant upon the giving of notice by Landlord to Tenant stating that the Premises are vacant, in the condition required by this Lease and available for Tenant’s occupancy. Except as otherwise provided herein, no No failure to tender possession of the applicable portion of the Premises to Tenant on or before the Delivery Scheduled Commencement Date shall in any way affect any other obligations of Tenant hereunder. There Once the Rent Commencement Date is determined, Landlord and Tenant shall execute an agreement stating the Commencement Date, Rent Commencement Date and Expiration Date, but the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession of the Premises, Tenant shall be no postponement deemed to have done so when Tenant first moves Tenant's Property and/or any of its personnel into the Premises, except to the extent that Tenant is authorized in this Lease or by Landlord's agreement to do any of the Commencement Date for any delay in foregoing without being deemed to have accepted possession of the tender of possession to Tenant which results from any Tenant DelayPremises.

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 The "Commencement Date. The Term " of this Lease shall commence on be the later of Substantial Completion of the Premises or the Scheduled Commencement Date. Promptly following the Commencement Date, Landlord and Tenant shall execute an agreement acknowledging that Tenant has accepted possession, and reciting the exact Commencement Date and termination date of the Lease. Unless sooner terminated or extended as hereinafter providedShould the actual Commencement Date be later than the Scheduled Commencement Date, the Term shall end on the Expiration Date. If Landlord does not tender possession of the Premises to Tenant on or before the Delivery Date or any other particular date, for any reason whatsoever, Landlord shall not be liable for any damage thereby, this Lease shall not be void or voidable thereby, and the Term shall not commence until the Commencement Date. Notwithstanding the foregoing, the Commencement Termination Date shall be extended by one day for each day delivery the same period as the Commencement Date is extended past the Scheduled Commencement Date. The failure by either party, or both parties, to execute such an agreement shall not affect the rights or obligations of either party hereunder. Such agreement, when so executed and delivered, shall be deemed to be a part of this Lease. "Substantial Completion" shall mean that date after which Landlord has completed Landlord's Work at the Premises is delayed past and a temporary Certificate of Occupancy allowing Tenant to occupy the Delivery DatePremises has been issued by the appropriate governmental authority. In additionSubstantial Completion shall be deemed to have occurred notwithstanding a requirement to complete "punch list" or similar corrective work and notwithstanding that tenant special improvements, if any, may not be completed or operable. If the Delivery Date does premises are not occur on or before November delivered to the Tenant in Substantial Completion by September 1, 2006 then 1999, for any reason other than Tenant delays, Tenant shall have the right to extend the Commencement Date, at the option of Tenant, for up to six (6), thirty (30) day periods until the temporary Certificate of Occupancy is obtained allowing the Tenant to occupy the Premises and open for business. After that period of time, if the temporary Certificate of Occupancy is still not obtained by the Landlord, then the Tenant may terminate this Lease effective upon delivery or written notice thereof to Landlord on or before December 1, 2006, provided further, however, that Tenant shall not be entitled to so terminate this Lease if the Delivery Date occurs subsequent to November 1, 2006 but prior to delivery of such notice by Tenant. Landlord shall be deemed to have tendered possession of the Premises to Tenant upon the giving of notice by Landlord to Tenant stating that the Premises are vacant, in the condition required by this Lease and available for Tenant’s occupancy. Except as otherwise provided herein, no failure to tender possession of the Premises to Tenant on or before the Delivery Date shall affect any other obligations of Tenant hereunder. There shall be no postponement of the Commencement Date for any delay in the tender of possession to Tenant which results from any Tenant DelayLease.

Commencement Date. Upon 2.4.1 Landlord shall notify Tenant in writing of Substantial Completion. If Tenant believes that Substantial Completion has not occurred, Tenant shall notify Landlord in writing of its objections within five (5) Business Days after its receipt of the Effective Landlord's notice described in the preceding sentence. Landlord shall have a reasonable time after its receipt of Tenant's notice in which to take such action as may be necessary to achieve Substantial Completion, and shall notify Tenant in writing when such has been achieved. Taking of possession by Tenant for the purpose of doing business shall establish the Commencement Date as specified in the definition of that term even if Tenant disputes whether Substantial Completion has occurred or attempts to condition or qualify the taking of possession. Taking of possession for the purpose of doing business shall further establish that the Premises are in good and satisfactory condition on the Commencement Date and any alleged defects or deficiencies are waived by the Tenant except for any latent defects not reasonably discoverable by Tenant and incomplete Punch List Work. Tenant acknowledges that no representations as to the condition of the Premises have been made by Landlord, unless such are expressly set forth in this Lease. In the event of any dispute as to whether Substantial Completion has occurred, the receipt of a temporary certificate of occupancy shall be conclusive unless a temporary certificate of occupancy is unavailable or delayed due to causes that are Tenant's responsibility shall be conclusive. If the parties anticipate that Punch List Work will remain to be completed on the Commencement Date, the terms and provisions hereof shall be fully binding on Landlord and Tenant shall agree on such Punch List Work prior to occupancy by Tenant and Landlord will promptly complete it after the Commencement Date; provided that at Tenant's request Landlord and Tenant will prepare a supplemental list of Punch List Work within thirty (30) days after the Commencement Date to address Punch List Work that the parties inadvertently overlooked prior to the Commencement Date. Damage caused by Tenant's Agents will not be deemed Punch List Work. Landlord will promptly complete such supplemental Punch List Work after Landlord and Tenant agree upon the list. In no event shall Tenant's refusal or failure to agree on the nature and extent of Punch List Work or the existence of items of Punch List Work delay or postpone the occurrence of the Commencement Date. The Term of this Lease shall commence on the Commencement Date. Unless sooner terminated or extended as hereinafter provided, the Term shall end on the Expiration Date. If Landlord does not tender possession of the Premises to Tenant on or before the Delivery Date or any other particular date, for any reason whatsoever, Landlord shall not be liable for any damage thereby, this Lease shall not be void or voidable thereby, and the Term shall not commence until the Commencement Date. Notwithstanding the foregoing, the Commencement Date shall be extended by one day for each day delivery of the Premises is delayed past the Delivery Date. In addition, if the Delivery Date does not occur on or before November 1, 2006 then Tenant shall have make no changes to the right to terminate this Lease effective upon delivery Plans and Specifications or written notice thereof to Landlord on or before December 1, 2006, provided further, however, that Tenant shall not be entitled to so terminate this Lease if the Delivery Date occurs subsequent to November 1, 2006 but prior to delivery of such notice by Tenant. Landlord shall be deemed to have tendered possession of the Premises to Tenant upon the giving of notice by Landlord to Tenant stating that the Premises are vacant, work reflected in the condition required by this Lease Plans and available for Tenant’s occupancy. Except as otherwise provided herein, no failure to tender possession Specifications without the consent of the Premises to Tenant on or before the Delivery Date shall affect any other obligations of Tenant hereunder. There shall be no postponement of the Commencement Date for any delay in the tender of possession to Tenant which results from any Tenant DelayLandlord.

Commencement Date. Upon The “Commencement Date” for each Building shall be the Effective earlier of the date that Tenant takes possession of the Premises or ten (10) days after Landlord notifies Tenant that the Building is, or will be by a date certain, ready for Tenant to take possession. The Commencement Date shall constitute the commencement of the Lease Term for all purposes, whether or not Tenant has actually taken possession as evidenced by a Certificate of Occupancy. By mutual agreement of the parties, the Commencement Date may be changed. Within thirty (30) days after the Commencement Date for each Building, Landlord will provide to Tenant a letter acknowledging the Commencement, Rental Commencement (if different) Expiration Dates, and the square footage of the Building which letter will then be attached hereto as Exhibit D. Notwithstanding anything herein to the contrary, the Lease Term shall extend through and end on the last day of the last month of the Term. If Tenant is permitted access to the Premises prior to the Commencement Date, such early entry will be subject to all the terms and provisions hereof shall be fully binding on Landlord and Tenant prior to the occurrence of the Commencement Date. The Term of this Lease shall commence on the Commencement Date. Unless sooner terminated or extended as hereinafter provided, the Term shall end on the Expiration Date. If Landlord does not tender possession of the Premises to Tenant on or before the Delivery Date or any other particular date, for any reason whatsoever, Landlord shall not be liable for any damage thereby, this Lease shall not be void or voidable thereby, and the Term shall not commence until the Commencement Date. Notwithstanding the foregoing, though the Commencement Date had occurred, unless otherwise agreed to in writing by Landlord. The Rental Commencement for each Building shall be extended by one the fifteenth (15 th) day for each day delivery of the Premises is delayed past the Delivery Date. In addition, if the Delivery Date does not occur on or before November 1, 2006 then Tenant shall have the right to terminate this Lease effective upon delivery or written notice thereof to Landlord on or before December 1, 2006, provided further, however, that Tenant shall not be entitled to so terminate this Lease if the Delivery Date occurs subsequent to November 1, 2006 but prior to delivery of such notice by Tenant. Landlord shall be deemed to have tendered possession of the Premises to Tenant upon the giving of notice by Landlord to Tenant stating that the Premises are vacant, in the condition required by this Lease and available for Tenant’s occupancy. Except as otherwise provided herein, no failure to tender possession of the Premises to Tenant on or before the Delivery Date shall affect any other obligations of Tenant hereunder. There shall be no postponement of after the Commencement Date for any delay except as provided in the tender of possession to Tenant which results from any Tenant DelayAddendum.

Commencement Date. Upon the Effective Date, the terms and provisions hereof The Commencement Date shall be fully binding on the date that is thirty (31) days after the Delivery Date (as defined below). The Commencement Date is projected to be April 1, 2016 (the “Projected Commencement Date”). Landlord and shall provide Tenant access to the Leased Premises thirty-one (31) days prior to the occurrence Commencement Date (the “Delivery Date”) to perform wiring and other similar work at such time as Landlord completes the Building in accordance with Exhibit B to a point where it can allow Tenant to safely begin Tenant’s Work; provided, Tenant acknowledges that Landlord and Landlord’s contractor shall be completing Landlord’s Work (as defined on Exhibit “B”), and Tenant’s entry for such purpose shall be subject to the reasonable supervision of the Commencement DateLandlord and Landlord’s contractor. The Term of this Lease shall commence on the Commencement “Projected Delivery Date. Unless sooner terminated or extended as hereinafter provided” is March 1, the Term shall end on the Expiration Date2016. If Landlord does Tenant is not tender possession of permitted to occupy the Leased Premises to Tenant on or before the Delivery Projected Commencement Date for reasons other than a Tenant Delay (as defined in Exhibit B), and, as a result, Tenant must continue to occupy its existing premises on a “hold-over” basis, then Tenant shall be provided a credit against Rent in the amount of up to $572,917.00 per month or any other particular datepartial month beyond the Projected Commencement Date that Tenant is not permitted to occupy the Leased Premises, for any reason whatsoever, Landlord shall not be liable for any damage thereby, this Lease shall not be void or voidable thereby, but only if and to the Term shall not commence until extent Tenant actually pays such amount to its existing landlords and only to the Commencement Dateextent such amount is “hold-over” rent in addition to the base rent otherwise payable by Tenant to its existing landlords. Notwithstanding the foregoing, Tenant’s entry prior to the Commencement Date for the limited purposes described above shall be extended free of charge; provided, Tenant shall indemnify, hold harmless and defend Landlord against any damage or caused by one day Tenant or its agents and contractors. Tenant or Landlord may terminate this Lease if Landlord has not obtained the necessary government authority approvals for each day delivery of construction on or prior to February 1, 2015. If the Premises is delayed past the Delivery Date. In addition, if the Delivery Commencement Date does not occur on or before November 1180 days after the Delivery Date then, 2006 then except if delayed for reasons of force majeure, Tenant shall have have, as its sole remedy, the right to terminate this Lease effective upon delivery or written notice thereof to Landlord on or before December 1Lease. Tenant may, 2006as its sole remedy, provided further, however, that Tenant shall not be entitled to so terminate this Lease if Landlord has not commenced construction of the Delivery Date occurs subsequent Building on or prior to November April 1, 2006 but prior to delivery 2015 except if delayed for reasons of such notice by Tenant. Landlord shall be deemed to have tendered possession of the Premises to Tenant upon the giving of notice by Landlord to Tenant stating that the Premises are vacant, in the condition required by this Lease and available for Tenant’s occupancy. Except as otherwise provided herein, no failure to tender possession of the Premises to Tenant on or before the Delivery Date shall affect any other obligations of Tenant hereunder. There shall be no postponement of the Commencement Date for any delay in the tender of possession to Tenant which results from any Tenant Delayforce majeure.

Commencement Date. Upon the Effective Date, the terms and provisions hereof shall be fully binding on Landlord and Tenant prior to the occurrence 2.2.1 The Commencement Date listed in Section 1 of this Lease represents an estimate of the actual Commencement Date. The Term actual Commencement Date shall be the first to occur of the following events: (i) three (3) days after Landlord notifies Tenant the Premises are available for Tenant's occupancy in the condition required pursuant to Section 2.1 of this Lease shall commence Lease, or (ii) the date on the Commencement Date. Unless sooner terminated or extended as hereinafter provided, the Term shall end on the Expiration Date. If Landlord does not tender which Tenant takes possession of the Premises to Tenant on or before for purposes other than completing tenant improvements. If the Delivery Commencement Date or any other particular date, for any reason whatsoever, Landlord shall not be liable for any damage therebyis later than the estimated Commencement Date specified in Section 1 above, this Lease shall not be void or voidable therebyvoidable. If the Commencement Date is a day other than the first day of the calendar month, unless otherwise agreed in writing by Landlord and Tenant, the Term shall not commence until the first day of the first calendar month staring after the Commencement Date, however all of the other terms and conditions of this Lease (including those regarding the payment of rent) shall be applicable on the Commencement Date. 2.2.2 Tenant waives any damages which may result from any delay in the substantial completion of the work described in Section 2.1 or delivery of possession of the Premises. If Tenant takes possession of the Premises prior to the Commencement Date for the purpose of doing business in the Premises, Tenant's obligation to pay Rent hereunder and to observe and perform all other conditions and agreements hereunder with respect to the Premises shall commence on such earlier date of taking possession of the Premises. Notwithstanding the foregoing, the Commencement Date shall be extended by one day for each day delivery of the Premises is delayed past the Delivery Date. In addition, if the Delivery Date does not occur on or before November 1, 2006 then Tenant shall have the right to terminate this Lease effective upon delivery or written notice thereof to Landlord on or before December 1, 2006, provided further, however, that Tenant shall not be entitled to so terminate this Lease if the Delivery Date occurs subsequent to November 1, 2006 but prior to delivery of such notice by Tenant. Landlord shall be deemed to have tendered take possession of the Premises prior to the Commencement Date for such purposes without Landlord's written permission. 2.2.3 In the event that substantial completion of the Tenant upon the giving Improvements is delayed by reason of notice delays caused or occasioned by Landlord to Tenant stating that the Premises are vacantTenant, in the condition required by this Lease and available for shall commence on the date that this Lease would have commenced had not the completion of Tenant Improvements been so delayed by the Tenant’s occupancy. Except , as otherwise provided herein, no failure to tender reasonably determined by Landlord. 2.2.4 The taking of possession of the Premises by Tenant shall be deemed an acceptance of the Premises and substantial completion by Landlord of the Tenant Improvements. 2.2.5 Promptly after the Commencement Date, Landlord shall complete and send to Tenant on or before the Delivery Date Verification Letter attached to this Lease as Exhibit D. Tenant shall affect any other obligations execute and return the Verification Letter to Landlord within fifteen (15) days of Tenant hereunder. There shall be no postponement of the Commencement Date for any delay in the tender of possession to Tenant which results from any Tenant Delayreceipt.

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 DateDate (as hereinafter defined). The Term of this Lease shall commence on that date (the "Commencement Date") which is the later of the (i) "Scheduled Commencement Date" specified in Article 1, or (ii) date any portion of the Premises comprising at least a full floor is deemed Ready for Occupancy (as such term is defined in the Workletter Agreement (as hereinafter defined)). Unless sooner terminated or extended as hereinafter provided, the Term shall end on the "Expiration Date" specified in Article 1. Landlord shall use its commercially reasonable efforts to tender all four (4) of the floors comprising the Premises within thirty (30) days following the Term Commencement Date. Tenant's obligation to pay Fixed Rent and Operating Expenses and Taxes shall commence on a Floor by Floor basis as each such Floor is tendered to Tenant in its Ready for Occupancy condition. If Landlord does not tender possession of all or any portion of the Premises to Tenant on or before the Delivery Scheduled Commencement Date or any other particular date, in its Ready for Occupancy condition 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 Tenant shall not commence until be liable for any Rent or any other sums payable by Tenant hereunder with respect to any nontendered portion of the Commencement Date. Notwithstanding Premises (except for (1) any special services provided by Landlord at Tenant's request with the foregoing, the Commencement Date shall be extended by one day for each day understanding that Tenant's obligation to pay therefor is not conditioned upon delivery of the Premises is delayed past and which are not customarily provided to tenants of buildings comparable to the Delivery Date. In addition, if the Delivery Date does not occur on Building except at additional cost and (2) any damages or before November 1, 2006 then claims under any indemnities by Tenant shall have the right to terminate set forth in this Lease effective upon delivery or written notice thereof to Lease) until Landlord on or before December 1, 2006, provided further, however, that Tenant shall not be entitled to so terminate this Lease if the Delivery Date occurs subsequent to November 1, 2006 but prior to delivery tenders possession of such notice by Tenant. Landlord shall be deemed portion of the Premises to have tendered Tenant in its Ready for Occupancy condition, unless the delay in tendering possession of the Premises to Tenant upon is caused by "Tenant Delays" as defined in the giving Workletter Agreement. If any such delay in Landlord's tendering possession of notice by Landlord the Premises to Tenant stating that is caused by Tenant Delays, then Tenant shall be liable for Rent commencing on the date Landlord would have been able to tender possession of the Premises are vacant, to Tenant with the Premises in the its Ready for Occupancy condition required by this Lease and available for Tenant’s occupancyhad there not occurred Tenant Delays. Except as otherwise provided herein, no No failure to tender possession of the Premises to Tenant on or before the Delivery Scheduled Commencement Date shall in any way affect any other obligations of Tenant hereunder. There ; provided, however, that if Landlord fails to tender possession of the Premises in their Ready for Occupancy condition by December 31, 2000 (the "Termination Date"), which Termination Date shall be no postponement extended one (1) day for each day of Tenant Delays, then Tenant shall have the right, upon prior written notice to Landlord, to terminate this Lease, unless, prior to the Termination Date specified in Tenant's Termination Notice, Landlord tenders possession of the Premises to Tenant in their Ready for Occupancy condition. If Tenant elects to so terminate this Lease, Landlord shall not be obligated to reimburse Tenant for the costs of the planning, design or construction of the Improvements (as hereinafter defined) paid for by Tenant prior to the effective date of termination. Once all four (4) floors of the Premises have been delivered and the Commencement Date has been determined, Landlord and Tenant shall execute an amendment to this Lease stating the Commencement Date, the Expiration Date and the dates Fixed Rent commenced for each of the four (4) floors comprising the Premises, but any delay failure to execute such an amendment shall not affect the determination of such dates hereunder. Tenant shall have the right, prior to the Commencement Date, to enter the Premises for purposes of planning, constructing and installing Tenant's furnishings and equipment in the tender Premises, including, without limitation, Tenant's installation of possession telecommunications and computer cables, provided that in connection with any such early entry (a) Landlord reasonably determines that such entry would not unreasonably impede or interfere with Landlord's construction of the Improvements and (b) Tenant's entry shall be subject to such safety procedures and restrictions as Landlord's contractor may reasonably impose. To the fullest extent permitted by law but excluding the gross negligence or willful misconduct of Landlord or its employees, agents or contractors, Tenant which results from hereby assumes the entire risk of damage of, or injury to, any of Tenant's furniture, furniture systems or equipment installed or placed in any portion of the Premises by Tenant Delayprior to the Commencement Date.

Commencement Date. Upon The parties intend that 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 September 1 (the "Target Commencement Date"), and shall expire on August 31, 2005, unless sooner terminated pursuant to the terms of this Lease. The date on which the term actually commences is referred to herein as the "Commencement Date" which shall be the later of (i) the Target Commencement Date, and (ii) the earlier of (a) the date on which Landlord substantially completes construction of the Tenant Improvements, and (b) the date on which Landlord would have substantially completed construction of the Tenant Improvements but for the Tenant's Delay (as defined below). When the Commencement Date. Unless sooner terminated or extended Date is ascertained as hereinafter providedaforementioned, the Term term shall end on commence and upon request of Landlord, Tenant shall execute a certificate or memorandum confirming the Commencement Date and the Expiration Date. If Landlord does not tender possession of the Premises to Tenant on or before the Delivery Date or any other particular date, for any reason whatsoever, Landlord shall not be liable for any damage thereby, this Lease shall not be void or voidable thereby, and the Term shall not commence until the Commencement Date. Notwithstanding the foregoing, the Commencement Date shall be extended by one day for each day delivery of the Premises is delayed past the Delivery Date. In addition, if the Delivery Date does not occur on or before November 1, 2006 then Tenant shall have the right to terminate this Lease effective upon delivery or written notice thereof to Landlord on or before December 1, 2006, provided further, however, that Tenant shall not be entitled to so terminate this Lease if the Delivery Date occurs subsequent to November 1, 2006 but prior to delivery of such notice by Tenant. Landlord shall be deemed to have tendered substantially completed construction of the Tenant Improvements when Landlord has substantially completed construction of the Tenant Improvements in accordance with Article 7 below. "Tenant's Delay" shall mean the amount of delay resulting from Tenant's failure to adhere to the time schedules and fulfill the obligations set forth in this Lease, including, but not limited to, those in Article 7 below. Notwithstanding the Target Commencement Date, if for any reason the Commencement Date occurs after the Target Commencement Date, Landlord shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or relieve Tenant of any of its obligations hereunder or extend the Term of this Lease. Upon execution of this Lease by Tenant and Landlord, Landlord will allow Tenant access to the Premises in order to install tenant improvements, fixtures, furnishings and equipment and to otherwise conduct business; provided that such early entry will be subject to all the terms and provisions of this Lease as though the Commencement Date had occurred, except for the payment of Rent and Additional Charges which commence as set forth in this Lease. If Landlord does not deliver possession of the Premises to Tenant upon within sixty (60) days after the giving Target Commencement Date (for any reason other than Tenant's Delay), as the same may be extended by written agreement of the parties, Tenant may, at Tenant's option, by written notice to Landlord within ten (10) business days thereafter, cancel the Lease, in which event the parties shall be discharged from all obligations under the Lease, and Landlord shall return any money previously deposited by Tenant. If such written notice by Tenant is not received by Landlord within such ten (10) day period, Tenant's right hereunder to Tenant stating that cancel the Premises are vacant, in the condition required by this Lease shall terminate and available for Tenant’s occupancy. Except as otherwise provided herein, be of no failure to tender possession of the Premises to Tenant on further force or before the Delivery Date shall affect any other obligations of Tenant hereunder. There shall be no postponement of the Commencement Date for any delay in the tender of possession to Tenant which results from any Tenant Delayeffect.

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 any Commencement Date. The Term of this Lease shall commence in respect of each portion of the Premises on the Commencement Date. Unless Date in respect thereof and, unless sooner terminated or extended as hereinafter provided, the Term shall end on the Expiration Date. If Landlord does not tender possession of any portion of the Premises to Tenant on or before the Delivery Date or any other particular specified date, for any reason whatsoever, Landlord shall not be liable for any damage thereby, this Lease shall not be void or voidable thereby, and the Term shall not commence until the Commencement Date. Notwithstanding the foregoing, the Commencement Date shall be extended by one day for each day delivery in respect of such portion of the Premises is delayed past the Delivery Date. In addition, if the Delivery Date does not occur on or before November 1, 2006 then Tenant shall have the right to terminate this Lease effective upon delivery or written notice thereof to until Landlord on or before December 1, 2006, provided further, however, that Tenant shall not be entitled to so terminate this Lease if the Delivery Date occurs subsequent to November 1, 2006 but prior to delivery tenders possession of such notice by portion of the Premises to Tenant. Landlord shall be deemed to have tendered possession of each portion of the Premises to Tenant upon the giving of notice by Landlord to Tenant stating that such portion of the Premises are is vacant, in the condition required by this Lease and available for Tenant’s 's occupancy. Except as otherwise provided herein, no No failure to tender possession of any portion of the Premises to Tenant on or before the Delivery Date any specified date shall affect any other obligations of Tenant hereunder. There Once a Commencement Date is determined, Landlord and Tenant shall execute an agreement stating such Commencement Date, the applicable Rent Commencement Date and Expiration Date, but the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession of any portion of the Premises, Tenant shall be no postponement deemed to have done so when Tenant first moves Tenant's Property and/or any of its personnel into such portion of the Commencement Date 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 such portion of the Premises. The provisions of this SECTION 2.2 are intended to constitute "an express provision to the contrary" within the meaning of Section 223-a of the New York Real Property Law or any successor Requirement. Landlord shall deliver vacant possession of the Premises (other than the 2nd Floor Premises, the 14th Floor Premises and the 15th Floor Premises) simultaneously with the execution and delivery of this Lease by the parties hereto. Tenant acknowledges that the 2nd Floor Premises are on the date hereof subject to a lease that currently has an expiration date of July 31, 2002 and that the 14th Floor Premises and the 15th Floor Premises are on the date hereof subject to a lease that is being modified to provide for any delay in the tender surrender of the 14th Floor Premises and the 15th Floor Premises. Landlord shall deliver vacant possession of the 2nd Floor Premises to Tenant as promptly as reasonably possible after July 31, 2002 and after Landlord obtains vacant possession of such space. Landlord shall deliver vacant possession of the 14th Floor Premises and the 15th Floor Premises to Tenant as promptly as reasonably possible after Landlord obtains vacant possession of such space. Landlord shall endeavor, without liability for failure to do so, to give Tenant not less than 2 Business Days prior notice of the date of delivery of possession of each of the 14th Floor Premises and the 15th Floor Premises by Landlord to Tenant which results from any Tenant DelayTenant.

Commencement Date. Upon the Effective DatePromptly after receipt of such notice, the terms and provisions hereof shall be fully binding on Landlord and Tenant prior to the occurrence will schedule a date and time and make all other necessary arrangements for Landlord’s removal of the Commencement Datedesignated Existing Furniture. The Term Within 30 days after receipt of this Lease shall commence on the Commencement Date. Unless sooner terminated or extended as hereinafter providedan invoice therefor, the Term shall end on the Expiration Date. If Tenant will reimburse Landlord does not tender possession for Landlord’s out-of-pocket expenses incurred in connection with Landlord’s removal of the Premises to designated Existing Furniture including, without limitation, moving company and electrician charges. Landlord’s out-of-pocket expenses will not include any storage charges for the designated Existing Furniture. Once the designated Existing Furniture has been removed, such Existing Furniture will no longer be considered part of the Existing Furniture and neither Tenant on nor any party claiming by, through or before the Delivery Date under Tenant shall have any interest in or any other particular date, for any reason whatsoever, Landlord shall not be liable for any damage thereby, this Lease shall not be void or voidable thereby, and the Term shall not commence until the Commencement Dateclaim upon such Existing Furniture. Notwithstanding the foregoing, provided no Event of Default then exists, promptly after the Commencement Date shall be extended by one day for each day delivery expiration of the Premises is delayed past the Delivery Date. In addition3rd Lease Year, if the Delivery Date does not occur on or before November 1, 2006 then Tenant shall have the right to terminate this Lease effective upon delivery or written notice thereof pay $10.00 to Landlord on or before December 1for the Existing Furnishings and Landlord shall transfer Landlord’s title to the Existing Furnishings to Tenant by b▇▇▇ of sale. Following conveyance of the Existing Furnishings, 2006, provided further, however, that the restrictions concerning Tenant’s use of the Existing furnishings set forth in this Section shall no longer apply. Tenant shall not be entitled to so terminate this Lease pay the sales tax (if the Delivery Date occurs subsequent to November 1, 2006 but prior to delivery of any) due upon such notice by Tenant. Landlord shall be deemed to have tendered possession transfer of the Premises Existing Furnishings 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. Except as otherwise provided herein, no failure to tender possession of the Premises to Tenant on or before the Delivery Date shall affect any other obligations of Tenant hereunder. There shall be no postponement of the Commencement Date for any delay in the tender of possession to Tenant which results from any Tenant Delay.

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 The Commencement Date. The Term Date of this Lease shall commence on is the Commencement Date. Unless sooner terminated or extended as hereinafter provideddate set forth in the Schedule, the Term shall end on the Expiration Date. If provided if Landlord does not tender possession of is unable to provide Tenant with access to the Premises to Tenant on or before the Delivery scheduled Commencement Date or any other particular date, for any reason whatsoeverreason, Landlord shall not be liable for any damage thereby, then (a) this Lease shall not be void or voidable therebyby either party, (b) Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and (c) the Commencement Date shall be revised to mean the date on which Landlord can provide Tenant with access to the Premises and the Termination Date shall be revised accordingly so that the Term shall not commence until (as defined in the Schedule) is unaffected by such delay. If and only if the Commencement DateDate 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 executed original of the same to Landlord within three (3) days after Tenant’s receipt thereof. Tenant’s failure to timely execute and return the Commencement Date Confirmation document to Landlord shall be conclusive evidence of Tenant’s agreement with the information as set forth therein. Notwithstanding the foregoing, the Commencement Date shall not be extended adjusted as a result of any delays encountered in completing the Tenant Improvements (as defined in Section 3.1). This Lease shall be a binding contractual obligation effective upon execution and delivery hereof by one day for each day delivery Landlord and Tenant, notwithstanding the later commencement of the Premises is delayed past the Delivery Date. In addition, if the Delivery Date does not occur on or before November 1, 2006 then Tenant shall have the right to terminate this Lease effective upon delivery or written notice thereof to Landlord on or before December 1, 2006, provided further, however, that Tenant shall not be entitled to so terminate this Lease if the Delivery Date occurs subsequent to November 1, 2006 but prior to delivery of such notice by Tenant. Landlord shall be deemed to have tendered possession of the Premises to Tenant upon the giving of notice by Landlord to Tenant stating that the Premises are vacant, in the condition required by this Lease and available for Tenant’s occupancy. Except as otherwise provided herein, no failure to tender possession of the Premises to Tenant on or before the Delivery Date shall affect any other obligations of Tenant hereunder. There shall be no postponement of the Commencement Date for any delay in the tender of possession to Tenant which results from any Tenant DelayTerm.

Commencement Date. Upon The Commencement Date shall be the Effective earlier of (a) the date of Substantial Completion of the Tenant Improvements in the Premises and (b) the date Tenant commences to conduct business in the Premises. Landlord shall notify Tenant in writing at least five (5) Business Days in advance of the estimated Substantial Completion. If Tenant believes that Substantial Completion has not occurred, Tenant shall notify Landlord in writing of its objections within five (5) Business Days after its receipt of the Landlord's notice described in the preceding sentence. Landlord shall have a reasonable time after its receipt of Tenant's notice in which to take such action as may be necessary to achieve Substantial Completion, and shall notify Tenant in writing when such has been completed. The conduct of business by Tenant from the Premises shall establish the Commencement Date as specified in the definition of that term and the establishment of such fact upon the commencement of the conduct of business shall occur even if Tenant disputes whether Substantial Completion has occurred or attempts to condition or qualify Tenant's acceptance of the Premises. Such commencement of the conduct of business shall further establish that the Premises are in good and satisfactory condition upon such commencement and the Commencement Date has occurred. Tenant acknowledges that no representations as to the condition of the Premises have been made by Landlord, unless such are expressly set forth in this Lease. In the event of any dispute as to whether Substantial Completion has occurred, the certificate of Landlord's architect or general contractor or the certificate of occupancy or the equivalent sign-off by the municipal building inspector shall be conclusive, except that any delay in receipt of such certificate or in Substantial Completion which is caused by Tenant or Tenant's Agents or caused by any of Tenants uncompleted work being contained in the same building permit as the Tenant Improvements shall be charged to Tenant in the amount of the daily Base Rent multiplied by the number of days of such delays. If on the Commencement Date, the terms and provisions hereof shall Punch List Work remains to be fully binding on completed, Landlord and Tenant shall agree on such Punch List Work prior to occupancy by Tenant and Landlord will endeavor to promptly complete it after the Commencement Date. In no event shall Tenant's refusal or failure to agree on the nature and extent of Punch List Work or the existence of items of Punch List Work Delay or postpone the occurrence of the Commencement Date. The Term Tenant shall make no changes to the Plans or the work reflected in the Plans without the prior written consent Of Landlord, which consent shall not be unreasonably withheld. If the estimated date of Substantial Completion changes at any time after Landlord has given notice pursuant to this Paragraph, then Landlord shall give at least five (5) Business Days advance notice of the new estimated date of Substantial Completion. If (a) Substantial Completion has not occurred by the date which is twelve (12) weeks after the Tenant Waiver Date (as defined in Section 4.5 of the Tenant Work Letter) (the "Target Date"), this Lease shall commence on the Commencement Date. Unless sooner terminated or extended as hereinafter provided, the Term shall end on the Expiration Date. If Landlord does not tender possession of the Premises to Tenant on or before the Delivery Date or any other particular date, for any reason whatsoever, Landlord shall not be liable for any damage thereby, this Lease remain in full force and effect and shall not be void or voidable therebyvoidable; and (b) such delay is not due to any delays resulting from or arising out of any acts or omissions of Tenant or Tenant's Agents or any Force Majeure event (as defined below; provided, and however, that for purposes of this sentence, the Term term "Force Majeure" shall not commence until include any labor strikes, unless the Commencement same are caused by the acts of Tenant or Tenant's Agents), then for each day that Substantial Completion is delayed beyond the Target Date, Tenant shall receive one (1) day of Base Rent credit against Base Rent next coming due so long as Tenant has not yet commenced business operations from the Premises and Tenant is not in default beyond applicable cure periods under any of the terms or conditions of this Lease. Notwithstanding the foregoing, if Substantial Completion has not occurred by the Commencement date which is sixteen (16) weeks after the Tenant Waiver Date (the "Outside Date"), and such delay in Substantial Completion is not due in whole or in part to the acts or omissions of Tenant or Tenant's Agents or to any event of Force Majeure (provided, however, that for purposes of this sentence, the term "Force Majeure" shall be extended not include any labor strikes, unless the same are caused by one day for each day delivery the acts of Tenant or Tenant's Agents), the Premises is delayed past the Delivery Date. In addition, if the Delivery Date does not occur on or before November 1, 2006 then Tenant shall have the right, as its sole remedy, to terminate this Lease by delivering written notice to Landlord on or before the tenth (10th) day following the Outside Date. If Tenant timely and properly exercises its right to terminate this Lease effective upon delivery or written pursuant to this Section, then Landlord shall promptly return the Security Deposit and the Prepaid Rent to Tenant. If Tenant fails to deliver such notice thereof to Landlord on or before December 1the tenth (10th) day following the Outside Date, 2006, provided further, however, that then Tenant shall not be entitled to so terminate this Lease if the Delivery Date occurs subsequent to November 1, 2006 but prior to delivery of such notice by Tenant. Landlord shall be deemed to have tendered possession of the Premises waived its right to Tenant upon the giving of notice by Landlord to Tenant stating that the Premises are vacant, in the condition required by terminate this Lease and available for Tenant’s occupancy. Except as otherwise provided herein, no failure to tender possession of the Premises to Tenant on or before the Delivery Date shall affect any other obligations of Tenant hereunder. There shall be no postponement of the Commencement Date for any delay in the tender of possession to Tenant which results from any Tenant Delayunder this Section 2.5.

Commencement Date. Upon Except as otherwise set forth herein, the Effective “Commencement Date” shall occur on November 1, 2010. Prior to the Commencement Date, Seller shall have no obligation to sell and deliver Product and Buyer shall have no obligation to purchase and accept Product: provided, however, the Parties may mutually agree to sell and purchase Product prior to the Commencement Date on the terms and provisions hereof conditions of this Contract but in no event will Buyer have an obligation to purchase the minimum Monthly quantity requirement of Product (set forth below). Seller shall be fully binding keep Buyer informed of Seller’s projected completion date for the propylene production facility. Prior to Commencement Date. Seller shall have the option on Landlord and Tenant prior up to the occurrence of two occasions to delay the Commencement Date: provided however, Seller shall notify Buyer of any such delay by providing at least ninety (90) days prior written notice to Buyer. In no event shall the Commencement Date be delayed beyond January 1, 2011 except for the occurrence a Force Majeure Event as provided below. If Seller sends a notice extending the Commencement Date, then the new date set forth in such notice shall for all purpose be the “Commencement Date”. The Term Commencement Date shall be subject to extension due to a Force Majeure Event. In the event the Seller is unable to commence deliveries of Product to Buyer under this Lease shall commence Contract on the Commencement Date, then until the completion of the construction of Seller’s propylene plant and Seller’s commencement of deliveries required hereunder, Buyer’s sole remedy shall be the right to procure replacement quantities of Product, up to a Monthly quantity of 21.750.000 pounds, and charge Seller with the additional costs paid by Buyer for such replacement quantities in excess of the costs that Buyer would have been obligated to pay Seller hereunder. Unless sooner terminated or extended as hereinafter providedAs to any replacement quantities purchased by Buyer, Buyer shall use commercially reasonable efforts to minimize the Term shall end on the Expiration Datepurchase price of such replacement Product. If Landlord does not tender possession the completion of the Premises to Tenant on or before the Delivery Date or any other particular dateconstruction of Seller’s propylene plant and Seller’s commencement of deliveries required hereunder has not occurred by March 31, for any reason whatsoever, Landlord shall not be liable for any damage thereby, this Lease shall not be void or voidable thereby2011, and the Term shall such delay has not commence until the Commencement Date. Notwithstanding the foregoingbeen caused by Force Majeure Event(s), the Commencement Date shall be extended by one day for each day delivery of the Premises is delayed past the Delivery Date. In addition, if the Delivery Date does not occur on or before November 1, 2006 then Tenant Buyer shall have the right to terminate this Lease effective upon delivery or Contract by providing Seller with thirty (30) days prior written notice, which notice thereof to Landlord on or before December 1must be provided, 2006if at all, provided further, however, that Tenant shall not be entitled to so terminate this Lease if the Delivery Date occurs subsequent to November 1, 2006 but prior to delivery of such notice by Tenant. Landlord shall be deemed to have tendered possession the completion of the Premises to Tenant upon the giving construction of notice by Landlord to Tenant stating that the Premises are vacant, in the condition Seller’s propylene plant and Seller’s commencement of deliveries required by this Lease and available for Tenant’s occupancy. Except as otherwise provided herein, no failure to tender possession of the Premises to Tenant on or before the Delivery Date shall affect any other obligations of Tenant hereunder. There shall be no postponement of the Commencement Date for any delay in the tender of possession to Tenant which results from any Tenant Delay.

Commencement Date. Upon COMMENCEMENT DATE" shall mean the Effective last to occur of (a) the date Tenant has received the certificate of Architect that the Building has been substantially completed in accordance with Paragraph 3.B; (b) sixty (60) days after the date Tenant has received the certificate of Landlord's Space Planner and of Tenant's Space Planner that the Premises have been substantially completed pursuant to the Tenant Improvement Plans; and (c) the date on which Landlord has secured all necessary certificates, authorizations, permits and approvals customarily given for occupancy of the Premises from the applicable governmental authorities, provided that Tenant is allowed to occupy the Premises. If and to the extent that Tenant Delay (as defined in the Work Letter) shall be the sole cause of delay of the Commencement Date to a date subsequent to that on which the Commencement Date would have occurred had such Tenant Delay not occurred, then notwithstanding the foregoing definition of Commencement Date, the terms and provisions hereof Commencement Date for all purposes of this Lease shall be fully binding deemed to be such earlier date as the Commencement Date would have occurred had such Tenant Delay not occurred. If the Landlord's Space Planner and Tena▇▇'▇ ▇pace Planner are unable to agree as to the date of such substantial completion of the entire Premises, such matter shall be determined in accordance with Paragraph 3.E. hereof. Landlord shall provide Tenant with at least sixty (60) days prior written notice of the anticipated substantial completion of the entire Premises and Building as described in Paragraph 3.B. and a second written notice on the date which Landlord and Tenant claims as the actual substantial completion date for the Premises which shall be sixty days prior to the occurrence of the Commencement Date. The Term of this Lease Landlord shall commence from time to time during construction on the Commencement Date. Unless sooner terminated or extended as hereinafter providedPremises provide Tenant with at least sixty (60) days prior written notice of the anticipated substantial completion date of each full floor portion of the Premises, the Term shall end and a second written notice on the Expiration Datedate which it claims as the actual substantial completion date of each such floor. If After the actual substantial completion date asserted by Landlord does not tender for any floor of the Premises, upon five (5) business days prior written notice to Landlord, Tenant shall be entitled to take possession of such floor and occupy it for Tenant's business without charge, except for Landlord's ascertainable out-of-pocket costs for those services specified in Paragraphs 8.A.(i) and (iii) and 8.A.(x) (if Tenant is the only tenant in the Building and additional security is required because of Tena▇▇'▇ ▇ccupancy), which in each case are directly attributable to Tena▇▇'▇ ▇ossession of the portion of the Premises to Tenant on or before the Delivery Date or any other particular date, for any reason whatsoever, Landlord shall not be liable for any damage thereby, this Lease shall not be void or voidable thereby, and the Term shall not commence until the Commencement Date. Notwithstanding the foregoing, the Commencement Date shall be extended by one day for each day delivery of the Premises is delayed past the Delivery Date. In addition, if the Delivery Date does not occur on or before November 1, 2006 then Tenant shall have the right to terminate this Lease effective upon delivery or written notice thereof to Landlord on or before December 1, 2006, provided further, however, that Tenant shall not be entitled to so terminate this Lease if the Delivery Date occurs subsequent to November 1, 2006 but prior to delivery of such notice by Tenant. Landlord shall be deemed to have tendered possession of the Premises to Tenant upon the giving of notice by Landlord to Tenant stating that the Premises are vacant, in the condition required by this Lease and available for Tenant’s occupancy. Except as otherwise provided herein, no failure to tender possession of the Premises to Tenant on or before the Delivery Date shall affect any other obligations of Tenant hereunder. There shall be no postponement of the Commencement Date for any delay in the tender of possession to Tenant which results from any Tenant Delayquestion.

Commencement Date. Upon The "Commencement Date" for each Building shall be ----------------- the Effective earlier of the date that Tenant takes possession of the Premises or ten (10) days after Landlord notifies Tenant that the Building is, or will be by a date certain, ready for Tenant to take possession. The Commencement Date shall constitute the commencement of the Lease Term for all purposes, whether or not Tenant has actually taken possession as evidenced by a Certificate of Occupancy. By mutual agreement of the parties, the Commencement Date may be changed. Within thirty (30) days after the Commencement Date for each Building, Landlord will provide to Tenant a letter acknowledging the Commencement, Rental Commencement (if different) Expiration Dates, and the square footage of the Building which letter will then be attached hereto as Exhibit D. Notwithstanding anything herein to the contrary, the Lease Term shall extend through and end on the last day of the last month of the Term. If Tenant is permitted access to the Premises prior to the Commencement Date, such early entry will be subject to all the terms and provisions hereof shall be fully binding on Landlord and Tenant prior to the occurrence of the Commencement Date. The Term of this Lease shall commence on the Commencement Date. Unless sooner terminated or extended as hereinafter provided, the Term shall end on the Expiration Date. If Landlord does not tender possession of the Premises to Tenant on or before the Delivery Date or any other particular date, for any reason whatsoever, Landlord shall not be liable for any damage thereby, this Lease shall not be void or voidable thereby, and the Term shall not commence until the Commencement Date. Notwithstanding the foregoing, though the Commencement Date had occurred, unless otherwise agreed to in writing by Landlord. The Rental Commencement for each Building shall be extended by one the fifteenth (15 th) day for each day delivery of the Premises is delayed past the Delivery Date. In addition, if the Delivery Date does not occur on or before November 1, 2006 then Tenant shall have the right to terminate this Lease effective upon delivery or written notice thereof to Landlord on or before December 1, 2006, provided further, however, that Tenant shall not be entitled to so terminate this Lease if the Delivery Date occurs subsequent to November 1, 2006 but prior to delivery of such notice by Tenant. Landlord shall be deemed to have tendered possession of the Premises to Tenant upon the giving of notice by Landlord to Tenant stating that the Premises are vacant, in the condition required by this Lease and available for Tenant’s occupancy. Except as otherwise provided herein, no failure to tender possession of the Premises to Tenant on or before the Delivery Date shall affect any other obligations of Tenant hereunder. There shall be no postponement of after the Commencement Date for any delay except as provided in the tender of possession to Tenant which results from any Tenant DelayAddendum.

Commencement Date. Upon Landlord shall notify Tenant in writing of Substantial Completion and Tenant shall commence occupancy of the Effective Initial Premises on the Commencement Date. Tenant shall occupy the Additional Space on the Second Commencement Date. Tenant shall occupy the Additional Space on the Second Commencement Date. In the event that the Tenant contends that the Tenant Improvements have not in fact been Substantially Completed, Tenant shall notify Landlord in writing of its objections within ten (10) calendar days after its receipt of the Landlord's notice described in the preceding sentence. Landlord shall have a reasonable time after its receipt of Tenant's notice in which to take such action as may be necessary to achieve Substantial Completion, and shall notify Tenant in writing when such action has been completed. Notwithstanding any notification by Tenant to the contrary, taking of possession by Tenant shall establish the Commencement Date as specified in the definition of that term and that the Premises and Tenant Improvements are in good and satisfactory condition, as and when possession was so taken and that the Commencement Date occurred. Tenant acknowledges that no representations as to the condition of the Premises have been made by Landlord, unless such are expressly set forth in this Lease. In the event of any dispute as to whether the Tenant Improvements have been Substantially Completed in accordance with the Plans and Specifications, the certificate of Landlord's architect or general contractor shall be conclusive. If on the Commencement Date, Punch List Work for the terms and provisions hereof shall Tenant Improvements remains to be fully binding on completed, Landlord and Tenant shall agree on such Punch List Work prior to occupancy by Tenant and Landlord will promptly complete it after the Commencement Date. In no event shall Punch List Work delay or postpone the occurrence of the Commencement Date. The Term Changes to the Plans and Specifications shall require the written consent of this Lease shall commence on Landlord and Tenant. Tenant has Landlord's permission to enter the Commencement Datepremises to install equipment, furniture, phones and data cable prior to occupancy. Unless sooner terminated or extended as hereinafter provided, the Term shall end on the Expiration Date. If Landlord does not tender possession of Tenant may enter the Premises prior to Tenant on or before the Delivery Date or any other particular date, for any reason whatsoever, Landlord shall not be liable for any damage thereby, this Lease shall not be void or voidable thereby, and the Term shall not commence until the Commencement Date. Notwithstanding the foregoing, the Commencement Date shall be extended by one day for each day delivery of the Premises is delayed past the Delivery Date. In additionto install equipment, if the Delivery Date does not occur on or before November 1furniture, 2006 then Tenant shall have the right to terminate this Lease effective upon delivery or written notice thereof to Landlord on or before December 1, 2006phones and data cabling, provided furtherthat, however, that Tenant shall not be entitled interfere with the construction of the Tenant Improvements. All terms of this Lease, including Tenant's indemnifications and obligation to so terminate this Lease if the Delivery Date occurs subsequent maintain insurance, but excluding payment of rent, shall apply to November 1, 2006 but prior to delivery of such notice early entry by Tenant. Landlord shall be deemed to have tendered possession of the Premises to Tenant upon the giving of notice by Landlord to Tenant stating that the Premises are vacant, in the condition required by this Lease and available for Tenant’s occupancy. Except as otherwise provided herein, no failure to tender possession of the Premises to Tenant on or before the Delivery Date shall affect any other obligations of Tenant hereunder. There shall be no postponement of the Commencement Date for any delay in the tender of possession to Tenant which results from any Tenant Delay.

Commencement Date. Upon Landlord shall notify Tenant in writing of Substantial Completion. If Tenant believes that Substantial Completion has not occurred, Tenant shall notify Landlord in writing of its objections within ten (10) Business Days after its receipt of the Effective Landlord’s notice described in the preceding sentence. Landlord shall have a reasonable time after its receipt of Tenant’s notice in which to take such action as may be necessary to achieve Substantial Completion, and shall notify Tenant in writing when such has been completed. Taking of possession by Tenant shall establish the Commencement Date as specified in the definition of that term and the establishment of such fact upon the taking of possession shall occur even if Tenant disputes whether Substantial Completion has occurred or attempts to condition or qualify the taking of possession. Such taking of possession shall further establish that the Premises are in good and satisfactory condition when possession was so taken and the Commencement Date has occurred. Tenant acknowledges that no representations as to the condition of the Premises have been made by Landlord, unless such are expressly set forth in this Lease. In the event of any dispute as to whether Substantial Completion has occurred, the certificate of Landlord’s architect shall be conclusive. If on the Commencement Date, the terms and provisions hereof shall Punch List Work remains to be fully binding on completed, Landlord and Tenant shall agree on such Punch List Work prior to occupancy by Tenant and Landlord will promptly complete it after the Commencement Date. In no event shall Tenant’s refusal or failure to agree on the nature and extent of Punch List Work or the existence of items of Punch List Work delay or postpone the occurrence of the Commencement Date. The Term of this Lease shall commence on the Commencement Date. Unless sooner terminated or extended as hereinafter provided, the Term shall end on the Expiration Date. If Landlord does not tender possession of the Premises to Tenant on or before the Delivery Date or any other particular date, for any reason whatsoever, Landlord shall not be liable for any damage thereby, this Lease shall not be void or voidable thereby, and the Term shall not commence until the Commencement Date. Notwithstanding the foregoing, the Commencement Date shall be extended by one day for each day delivery of the Premises is delayed past the Delivery Date. In addition, if the Delivery Date does not occur on or before November 1, 2006 then Tenant shall have make no changes to the right to terminate this Lease effective upon delivery Plans and Specifications or written notice thereof to Landlord on or before December 1, 2006, provided further, however, that Tenant shall not be entitled to so terminate this Lease if the Delivery Date occurs subsequent to November 1, 2006 but prior to delivery of such notice by Tenant. Landlord shall be deemed to have tendered possession of the Premises to Tenant upon the giving of notice by Landlord to Tenant stating that the Premises are vacant, work reflected in the condition required by this Lease Plans and available for Tenant’s occupancy. Except as otherwise provided herein, no failure to tender possession Specifications without the consent of the Premises to Tenant on or before the Delivery Date shall affect any other obligations of Tenant hereunder. There shall be no postponement of the Commencement Date for any delay in the tender of possession to Tenant which results from any Tenant DelayLandlord.

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 of this Lease shall commence on that date (the Commencement Date"COMMENCEMENT DATE") which is the earlier to occur of (i) the Effective Date or (ii) the date on which Landlord completes the acquisition of title to the Real Property. Immediately following the close of escrow of Landlord's purchase of the Real Property, Landlord shall advise Tenant in writing of the same. Unless sooner terminated or extended as hereinafter provided, the Term shall end on the Expiration Date"EXPIRATION DATE" specified in Article 1. If Landlord does not tender possession of the Premises Block One to Tenant on or before the Delivery Scheduled Rent Commencement Date (Block One) or any other particular dateBlock Two by the Scheduled Rent Commencement Date (Block Two), for any reason whatsoever, Landlord shall not be liable for any damage thereby, and this Lease shall not be void or voidable thereby, and the Term shall not commence until the Commencement Date. Notwithstanding the foregoing, the Commencement Date shall be extended by one day for each day delivery of the Premises is delayed past the Delivery Date. In addition, if the Delivery Date does not occur on or before November 1, 2006 then Tenant shall have the right to terminate this Lease effective upon delivery or written notice thereof to Landlord on or before December 1, 2006, provided further, however, that Tenant shall not be entitled to so terminate this Lease if the Delivery Date occurs subsequent to November 1, 2006 but prior to delivery of such notice by Tenant. Landlord shall be deemed to have tendered possession of the Premises to Tenant upon the giving of notice by Landlord to Tenant stating that the Premises are vacant, in the condition required by this Lease and available for Tenant’s occupancy. Except as otherwise provided herein, no No failure to tender possession of the applicable portion of the Premises to Tenant on or before the Delivery Scheduled Rent Commencement Date (Block One) or the Scheduled Rent Commencement Date (Block Two), as the case may be, shall in any way affect any other obligations of Tenant hereunder, provided, however, that Landlord shall use its commercially reasonable efforts to recover possession of Block Two on May 31, 2000, or as soon thereafter as is reasonably feasible (without any obligation to commence any unlawful detainer proceedings against Chevron Corporation). There In addition, Landlord covenants and agrees not to amend the lease with Chevron Corporation in order to grant Chevron Corporation the right to remain in possession of Block Two after May 31, 2000. In addition, if Landlord is unable to tender Block Two to Tenant on or before May 31, 2000, but Landlord has other available units of space within the Building (the "TEMPORARY SPACE"), then Landlord may (if Landlord elects to do so in its sole discretion), make such Temporary Space available for Tenant's use and occupancy for a period not to exceed 60 days. If Tenant elects to occupy such Temporary Space, Tenant shall do so on all of the terms and provisions of this Lease (including those with respect to Rent) for such period as Landlord may specify. Landlord shall tender such Temporary Space in its then As-Is condition and shall have no obligation to ready the space for Tenant's use and occupancy. Once the respective Rent Commencement Dates are determined, Landlord and Tenant shall execute an agreement stating the Commencement Date, Rent Commencement Date (Block One), Rent Commencement Date (Block Two) and Expiration Date, but the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession of the Premises, Tenant shall be no postponement deemed to have done so when Tenant first moves Tenant's Property and/or any of its personnel into the Premises, except to the extent that Tenant is authorized in this Lease or by Landlord's agreement to do any of the Commencement Date for any delay in foregoing without being deemed to have accepted possession of the tender of possession to Tenant which results from any Tenant Delay.Premises. \

Commencement Date. Upon Landlord shall prepare the Effective Premises for Tenants occupancy in accordance with the Plans and Specifications. Landlord's preparation of the Premises ("Landlord's Work") shall be performed by Landlord's contractors and the Tenant Improvement Allowance shall be applied against the cost thereof as provided in paragraph 2.5 hereof. Landlord shall notify Tenant in writing of Substantial Completion. If Tenant believes that Substantial Completion has not occurred, Tenant shall notify Landlord in writing of its objections within ten (10) Business Days after its receipt of the Landlord's notice described in the preceding sentence. Landlord shall have a reasonable time after its receipt of Tenant's notice in which to take such action as may be necessary to achieve Substantial Completion, and shall notify Tenant in writing when such has been completed. Taking of possession by tenant of the whole or any part of the Premises shall establish the Commencement Date as specified in the definition of that term and the establishment of such fact upon the taking of possession shall occur even if Tenant disputes whether Substantial Completion has occurred or attempts to condition or qualify the taking of possession. Such taking of possession shall further establish that the Premises are in good and satisfactory condition when possession was so taken and the Commencement Date has occurred. Tenant acknowledges that no representations as to the condition of the Premises have been made by Landlord, unless such are expressly set forth in this Lease. In the event of any dispute as to whether Substantial Completion has occurred, the certificate of Landlord's architect or general contractor shall be conclusive. If on the Commencement Date, the terms and provisions hereof shall Punch List Work remains to be fully binding on completed, Landlord and Tenant shall agree on such Punch List Work prior to occupancy by Tenant and Landlord will promptly complete it after the Commencement Date. In no event shall Tenant's refusal or failure to agree on the nature and extent of Punch List Work or the existence of items of Punch List Work delay or postpone the occurrence of the Commencement Date. The Term Tenant shall make no changes to the Plans and Specifications or the work reflected in the Plans and Specifications without the written consent of this Lease shall commence on the Commencement Date. Unless sooner terminated or extended as hereinafter provided, the Term shall end on the Expiration Date. If Landlord does not tender possession of the Premises to Tenant on or before the Delivery Date or any other particular date, for any reason whatsoever, Landlord shall not be liable for any damage thereby, this Lease shall not be void or voidable thereby, and the Term shall not commence until the Commencement DateLandlord. Notwithstanding anything to the foregoingcontrary herein contained, if the Commencement Date shall be extended not have occurred by one day the date ("Last Construction Completion Date") which is seven (7) months after the date of this Lease for each day delivery of the Premises is delayed past the Delivery Date. In additionany reason other than delays caused by Tenant or delays attributable to force majeure (see paragraph 6.8), if the Delivery Date does not occur on or before November 1, 2006 then Tenant shall have the right to terminate this Lease effective upon delivery or Lease, exercisable by giving Landlord a written thirty (30) day termination notice thereof to Landlord on or before December 1, 2006, provided further, however, that Tenant shall not be entitled to so terminate this Lease if after the Delivery Last Construction Completion Date occurs subsequent to November 1, 2006 but prior to delivery of such notice by Tenant. Landlord shall be deemed to have tendered possession of the Premises to Tenant upon the giving of notice by Landlord to Tenant stating that the Premises are vacant, in the condition required by this Lease and available for Tenant’s occupancy. Except as otherwise provided herein, no failure to tender possession of the Premises to Tenant on or before the Delivery date which is fourteen (14) calendar days after the Last Construction Completion Date, time being of the essence in respect of Tenant's giving said notice. If the Commencement Date shall affect any other obligations occur on or before the thirtieth (30th) day following Landlord's receipt of Tenant hereundersuch notice, Tenant's termination notice shall be deemed null and void and of no further force or effect. There Notwithstanding anything to the contrary in the foregoing contained, there shall be no postponement of the Commencement Date if delay in Substantial Completion shall be due to any change required by Tenant in the Plans and Specifications. In addition to the Tenant Improvements to be constructed as shown in Tenant's Plans and Specifications, subject to Landlord's approval of the Conduit Plan, as defined below, Landlord shall install a conduit ("Tenant's Conduit") to run telecommunications cabling between the Premises and other premises currently demised to Tenant in another building ("Building 500") in the Office Park. Tenant shall prepare plans and specifications (the "Conduit Plan") showing dimensions, materials, location and connection points of Tenant's Conduit for submission to Landlord for its approval or disapproval. Tenant's Conduit Plan shall specify materials having sufficient capacity to meet Tenant's anticipated telecommunications needs during the Lease Term. All costs for labor and materials associated with the installation of Tenant's Conduit, plus the Construction Management Fee in respect of such cost shall be borne solely by Tenant and shall be paid directly to Landlord in full prior to the commencement of any work associated with Tenant's Conduit. No portion of the Tenant Improvement Allowance or the Construction Principal (as defined below in paragraph 2.5) shall be allocated to such cost. Landlord shall perform the installation of Tenant's Conduit during the performance of Landlord's Work to prepare the Premises for Tenant's occupancy. At the expiration or sooner termination of the Lease Term, Tenant's Conduit shall become the property of Landlord. Notwithstanding anything to the contrary contained in the foregoing, Landlord may elect, (without being obligated to do so), (i) to install a conduit of larger size or greater capacity in place of Tenant's Conduit, in which case, if there shall be an incremental increase in the cost to procure materials for and/or install such substitute conduit (for purposes hereof, also to be deemed Tenant's Conduit), Landlord shall pay such incremental cost, and/or (ii) to install, at Landlord's own cost and expense, a separate conduit running alongside Tenant's Conduit for all or a portion of the length of Tenant's Conduit. Regardless of whether Landlord shall make either or both of the preceding elections, Landlord shall have the right to utilize Tenant's Conduit to provide telecommunications or other services to other tenants in the Office Park, provided that such utilization by Landlord shall not diminish or interfere with Tenant's use of Tenant's Conduit. If and for so long as Tenant's Conduit shall be used solely and exclusively by Tenant, all maintenance and repair of Tenant's Conduit shall be performed by and at the expense of Tenant. In performing such maintenance and repair, Tenant shall not interfere with Landlord's operation, administration, and maintenance of any portion of Landlord's real or personal property or other facilities in the Office Park, nor with the use and enjoyment by any other tenant of other premises in the Office Park. If Landlord shall also use Tenant's Conduit as aforesaid, Landlord shall perform all maintenance and repair thereof and the costs of such maintenance and repair shall be included in Operating Costs for purposes of this Lease. Tenant shall, at its own cost and expense, repair any and all damage to the Building, Building 500, the Land, paved areas, drives, walks, and landscaping or to Landlord's other facilities and equipment, and shall otherwise defend, indemnify and hold Landlord harmless for any delay in loss, cost, liability, damage or expense (including, without limitation, reasonable attorneys' fees) directly or indirectly arising out of the tender installation, use, maintenance or repair of possession to Tenant which results from any Tenant DelayTenant's Conduit, unless caused by Landlord's negligence.

Commencement Date. Upon The Term of the Effective Lease shall commence ("Commencement Date") on the first day of the first full month following the date on which the Premises are Substantially Complete (as hereinafter defined) except that if Substantial Completion occurs on the first day of a month, the terms and provisions hereof that date shall be fully binding on Landlord and Tenant prior to the occurrence of the Commencement Date, and the Lease shall continue in full force and effect for the period of time specified as the Term or until this Lease is terminated as otherwise provided herein. The Term of this Lease Premises shall commence be deemed to be "Substantially Complete" on the Commencement Dateearliest of the date on which: (1) Landlord files or causes to be filed with the City in which the Premises are located (if required) and delivers to Tenant an architect's notice of substantial completion, or similar written notice that the Premises are substantially complete, (2) Tenant commences business operations in the Premises, or (3) a certificate of occupancy is issued for the Premises. Unless sooner terminated or extended Landlord shall arrange for the construction of certain Tenant Improvements (as hereinafter provideddefined in the Work Letter), if any, in accordance with and subject to the Term shall end on terms of the Expiration DateWork Letter attached hereto as Exhibit "B". If Landlord does not tender possession Tenant shall, upon demand after delivery of the Premises to Tenant Tenant, execute and deliver to Landlord a Commencement Date Memorandum in the form attached hereto as Exhibit "C" acknowledging (i) the Commencement Date, (ii) the final square footage of the Premises, and (iii) Tenant's acceptance of the Premises. If the Premises are not Substantially Complete on or before the Delivery Date or any other particular dateEstimated Commencement Date, for any reason whatsoeverthis Lease shall remain in effect, Landlord shall not be liable for subject to any damage thereby, this Lease shall not be void or voidable therebyliability, and the Term Commencement Date shall not commence be delayed until the Commencement Datedate the Premises are Substantially Complete. Tenant has determined that the Premises are acceptable for Tenant's use and Tenant acknowledges that, except as set forth in the Work Letter, neither Landlord nor any broker or agent has made any representations or warranties in connection with the physical condition of the Premises or their fitness for Tenant's use upon which Tenant has relied directly or indirectly for any purpose. Notwithstanding the foregoing, if Landlord has not delivered the Commencement Date shall be extended by one day for each day delivery Premises to Tenant with Substantial Completion of the Premises Tenant Improvements by the date which is delayed past six (6) months after Tenant's approval of the Delivery Date. In additionConstruction Drawings pursuant to Section 1 of the Work Letter, if the Delivery Date does not occur on or before November 1subject to any delays caused by Force Majeure and Tenant Delays, 2006 then Tenant shall have the right to terminate this Lease effective upon delivery or written thirty (30) days' notice thereof to Landlord on or before December 1, 2006, provided furtherLandlord; provided, however, that if upon such 30-day notice Landlord can substantially complete the Tenant Improvements within ten (10) days of such notice, Landlord shall notify Tenant of Landlord's ability to so complete the Tenant Improvement work and Tenant shall not be entitled have no right to so terminate this Lease if the Delivery Date occurs subsequent to November 1, 2006 but prior to delivery of such notice by Tenant. Landlord shall be deemed to have tendered possession of the Premises to Tenant upon the giving of notice by Landlord to Tenant stating that the Premises are vacant, in the condition required by this Lease and available for Tenant’s occupancy. Except as otherwise provided herein, no failure to tender possession of the Premises to Tenant on or before the Delivery Date shall affect any other obligations of Tenant hereunder. There shall be no postponement of the Commencement Date for any delay in the tender of possession to Tenant which results from any Tenant DelayLease.

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 of this Lease shall commence on the Commencement Date. Unless sooner terminated or extended as hereinafter provided, the Term shall end on the Expiration Date. If Landlord does not tender possession of the Premises to Tenant on or before the Delivery Commencement Date or any other particular date, for any reason whatsoever, Landlord shall not be liable for any damage thereby, this Lease shall not be void or voidable thereby, and the Term shall not commence until the Commencement Date. Notwithstanding the foregoing, the Commencement Date shall be extended by one day for each day delivery of the Premises is delayed past the Delivery Date. In addition, if the Delivery Date does not occur on or before November 1, 2006 then Tenant shall have the right to terminate this Lease effective upon delivery or written notice thereof to Landlord on or before December 1, 2006, provided further, however, that Tenant shall not be entitled to so terminate this Lease if the Delivery Date occurs subsequent to November 1, 2006 but prior to delivery of such notice by Tenant. Landlord shall be deemed to have tendered possession of the Premises to Tenant upon the giving of notice by Landlord to Tenant stating that the Premises are vacant, in the condition required by this Lease and available for Tenant’s occupancy. Except as otherwise provided herein, no No failure to tender possession of the Premises to Tenant on or before the Delivery Commencement Date shall affect any other obligations of Tenant hereunder. There 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 DelayDelay 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 work or improvement Landlord is required to perform pursuant to this Lease.

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 (a) The Commencement Date. The Term Date of this Lease shall commence on is the Commencement Date. Unless sooner terminated or extended as hereinafter date set forth in the Schedule; provided, however, that if the Term shall end on Substantial Completion Date (as defined in the Expiration Date. If Landlord Tenant Improvement Agreement attached hereto as Exhibit C) does not tender possession of the Premises to Tenant occur on or before the Delivery Date or any other particular dateJuly 1, 2005 for any reason whatsoeverreason, Landlord shall not be liable for any damage thereby, then (a) this Lease shall not be void or voidable therebyby either party, (b) Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and the Term shall not commence until the Commencement Date. Notwithstanding the foregoing, (c) the Commencement Date shall be extended by one day 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 each day delivery this Lease. Tenant shall execute the Commencement Date Confirmation and deliver the executed original of the Premises is delayed past same to Landlord within three (3) days after Tenant’s receipt thereof. Tenant’s failure to timely execute and return the Delivery DateCommencement Date Confirmation document to Landlord shall be conclusive evidence of Tenant’s agreement with the information as set forth therein. In additionThis Lease shall be a binding contractual obligation effective upon execution and delivery hereof by Landlord and Tenant, notwithstanding the later commencement of the Lease Term. (b) Notwithstanding the provisions of Section 1.1(a) above, if the Premises Delivery Date does not occur on or before November 1July 31, 2006 then Tenant 2005 (the “Premises Delivery Deadline”), Tenant, as its sole remedy, shall have the right to terminate cancel this Lease effective upon delivery or by giving written notice thereof of such cancellation to Landlord on or before December 1at any time after the Premises Delivery Deadline and prior to the Premises Delivery Date, 2006in which case this Lease shall be cancelled effective five (5) business days after Landlord’s receipt of Tenant’s cancellation notice, provided furtherunless the Premises Delivery Date occurs within said five (5) business day period; provided, however, that Tenant shall not be entitled to so terminate this Lease if the Premises Delivery Date occurs subsequent to November 1, 2006 but prior to delivery of such notice by Tenant. Landlord Deadline shall be deemed to have tendered possession extended by the number of the Premises to Tenant upon the giving of notice by Landlord to Tenant stating days that the Premises are vacant, in the condition required by this Lease and available for Tenant’s occupancy. Except as otherwise provided herein, no failure to tender possession of the Premises to Tenant on or before the Delivery Date shall affect is delayed due to any other obligations of Tenant hereunder. There shall be no postponement of the Commencement Date for Force Majeure Delay (as defined below) or any delay in receiving any required permits to construct the tender Tenant Improvements or any Tenant Delay (as defined in Section 3.3 of possession the Tenant Improvement Agreement). In the event of such cancellation by Tenant, neither party shall have any obligations to the other under this Lease, except for obligations that survive the expiration or earlier termination of this Lease, and Landlord shall promptly return to Tenant which results from the Lease Deposit. For purposes of this Lease, the term “Force Majeure Delay” means any Tenant Delaydelay attributable to Force Majeure (as defined in Section 12.3 below).

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 of this Lease shall commence on the date 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, which shall not be less than _____ (30 if not completed) days following the date of such notice. Unless sooner terminated or extended as hereinafter providedIf Tenant occupies the Premises before the Commencement Date specified in Section 1(b), then the Term Commencement Date shall end on be the Expiration Datedate of occupancy. If Landlord does not tender 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 on or before the Delivery Date or any other particular date, for any reason whatsoever, Landlord shall not be liable for any damage thereby, as provided in this Lease EXCEPT IF SUCH FAILURE RESULTS FROM LANDLORD'S NEGLIGENCE. The Termination Date shall not be void or voidable thereby, and the Term shall not commence until the Commencement Date. Notwithstanding the foregoing, modified upon any change in the Commencement Date shall be extended by one day for each day delivery so that the length of the Premises Lease term is delayed past the Delivery Datenot changed. In addition, if the Delivery Date If Landlord does not occur on or before November 1, 2006 then Tenant shall have the right to terminate this Lease effective upon delivery or written notice thereof to Landlord on or before December 1, 2006, provided further, however, that Tenant shall not be entitled to so terminate this Lease if the Delivery Date occurs subsequent to November 1, 2006 but prior to delivery of such notice by Tenant. Landlord shall be deemed to have tendered deliver possession of the Premises to Tenant upon within THIRTY (30) days (60 if not completed) after the giving of notice by Landlord date specified in Section 1(b), Tenant may elect to Tenant stating that the Premises are vacant, in the condition required by cancel this Lease and available for Tenant’s occupancyby giving written notice to Landlord within 30 days after such time period ends. Except as otherwise provided hereinIf Tenant gives such notice, no failure to tender possession of the Premises to Tenant on or before the Delivery Date shall affect any other obligations of Tenant hereunder. There Lease shall be no postponement of canceled, all prepaid rent and security deposits shall be refunded to tenant, and neither Landlord nor Tenant shall have any further obligations to the other. The first "Lease Year" shall commence on the Commencement Date for and shall end on the date which is twelve (12) months from the end of the month in which the Commencement Date occurs. Each successive Lease Year during the initial term and any delay in LEASE AGREEMENT (SINGLE TENANT FOR ENTIRE PARCEL - TRIPLE NET) (CONTINUED) extension terms shall be twelve (12) months, commencing on the tender first day following the end of possession to Tenant which results from any Tenant Delaythe preceding Lease Year, except that the last Lease Year shall end on the Termination Date.

Commencement Date. Upon the Effective Date, the terms and provisions hereof of this Lease shall be fully binding on Landlord and Tenant Tenant, including prior to the occurrence of the Commencement Date. The Term of this Lease shall commence on the Commencement Date. Unless Date and, unless sooner terminated or extended as hereinafter provided, the Term shall end on the Expiration Date. If Landlord does not tender possession of the Premises to Tenant on or before the Delivery Date or any other particular specified date, for any reason whatsoever, Landlord shall not be liable for any damage therebythereby caused, this Lease shall not be void or voidable thereby, and the Term shall not commence until the Commencement Date. Notwithstanding the foregoing, the Commencement Date shall be extended by one day for each day delivery Landlord tenders possession of the Premises is delayed past the Delivery Date. In addition, if the Delivery Date does not occur on or before November 1, 2006 then Tenant shall have the right to terminate this Lease effective upon delivery or written notice thereof to Landlord on or before December 1, 2006, provided further, however, that Tenant shall not be entitled to so terminate this Lease if the Delivery Date occurs subsequent to November 1, 2006 but prior to delivery of such notice by Tenant. Landlord shall be deemed to have tendered possession of the Premises to Tenant upon the giving of notice by Landlord to Tenant stating that the Premises are vacant, in the condition required by this Lease and available for Tenant’s occupancy. Except as otherwise provided herein, no No failure to tender possession of the Premises to Tenant on or before the Delivery Date any specified date shall affect any other obligations of Tenant hereunder. There shall be no postponement of the Commencement Date (or the Rent Commencement Date) for (i) any delay in the tender of possession to Tenant which results from any Tenant DelayDelay or (ii) any delays by Landlord in the performance of any Punch List Items related to the Initial Installations. Once the Commencement Date is determined, Landlord and Tenant shall execute an agreement stating the Commencement Date, Rent Commencement Date and Expiration Date, but the failure to do so will not affect the determination of such dates. Notwithstanding anything to the contrary contained in this Lease, Tenant and Landlord hereby agree that if the Commencement Date shall not have occurred within nine (9) months following the Effective Date, as may be extended by Unavoidable Delays and Tenant Delays, Tenant may terminate this Lease by giving written notice to Landlord in which case this Lease shall terminate and neither party shall have any further liability to the other except (i) those obligations expressly intended to survive the termination of this Lease, and (ii) an obligation on the part of Landlord to return to Tenant any amounts deposited by Tenant under this Lease.

Commencement Date. Upon the Effective Date, the terms and provisions hereof shall be fully binding on Landlord and Tenant prior to the occurrence of the Commencement DateTenant. The Term of this Lease shall commence on the Commencement Date. Unless sooner terminated or extended as hereinafter provided, the Term shall end on the Expiration Date. If Landlord does not tender possession of the Premises to Tenant on or before the Delivery Commencement Date or any other particular date, for any reason whatsoever, Landlord shall not be liable for any damage thereby, this Lease shall not be void or voidable thereby, and the Term shall not commence until the Commencement Date. Notwithstanding the foregoing, the Commencement Date shall be extended by one day for each day delivery of the Premises is delayed past the Delivery Date. In addition, if the Delivery Date does not occur on or before November 1, 2006 then Tenant shall have the right to terminate this Lease effective upon delivery or written notice thereof to Landlord on or before December 1, 2006, provided further, however, that Tenant shall not be entitled to so terminate this Lease if the Delivery Date occurs subsequent to November 1, 2006 but prior to delivery of such notice by Tenant. Landlord shall be deemed to have tendered possession of the Premises to Tenant upon the giving of notice by Landlord to Tenant stating that the Premises are vacant, in the condition required by this Lease and available for Tenant’s occupancy. Except as otherwise provided herein, no No failure to tender possession of the Premises to Tenant on or before the Delivery Commencement Date shall affect any other obligations of Tenant hereunder. There For purposes of determining whether Tenant has accepted possession of the Premises, Tenant shall be no postponement 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 Commencement Date foregoing without being deemed to have accepted possession of the Premises. Notwithstanding anything set forth in this Section 2.2 to the contrary and without triggering any obligation to pay Fixed Rent, Landlord shall grant Tenant access to the Premises on November 1, 2009 for any delay purposes of installing Tenant’s furniture, fixtures and equipment. Tenant understands and acknowledges that at the time of such early entry the Initial Installations as described in the tender Work Letter may not be Substantially Complete, and that Tenant shall coordinate such early entry with both Landlord’s facility management team and with the Contractor, abide by all reasonable safety requirements of possession the Contractor and to Tenant which results from any Tenant Delayuse its reasonable efforts to not delay or impede performance of the Initial Installations.

Commencement Date. Upon the Effective Date, the terms and provisions hereof The Commencement Date shall be fully binding on Landlord and Tenant prior to the occurrence date provided in Item 5 of the Commencement DateBasic Lease Provisions. The Term of If this Lease shall commence on is executed before the Commencement Date. Unless sooner terminated Premises become vacant or extended as hereinafter providedotherwise available or if any present tenant or occupant of the Premises holds over, the Term shall end on the Expiration Date. If and Landlord does cannot tender acquire possession of the Premises in time to Tenant on or before deliver them by the Delivery Date or any other particular date, for any reason whatsoever, Landlord shall not be liable for any damage therebyCommencement Date, this Lease shall not be void or voidable therebyvoidable, and the Term Landlord shall not commence until be deemed to be in default hereunder, nor shall Landlord be liable for any loss or damage directly or indirectly arising out of or resulting from such holdover, provided that in the event that the actual date of commencement is more than sixty (60) days after the date provided in Item 5 of the Basic Lease Provisions (subject to force majeure delays and any delays caused by Tenant, its agents, employees or contractors), Tenant shall be entitled, as its sole and exclusive remedy, to a rent credit equal to one day's Base Rent for each day that the Commencement Date is delayed beyond such sixty (60) day period. In the event that the actual date of commencement is more than one (1) year after the date that this Lease is fully executed (subject to force majeure delays and any delays caused by Tenant, its agents, employees or contractors), Tenant shall be entitled, as its sole and exclusive remedy, to terminate this Lease upon written notice to Landlord given within thirty (30) days after the expiration of such one (1) year period (but in any event prior to the date that Landlord delivers possession of the Premises with Landlord's Work substantially complete). Except as set forth herein, Tenant agrees to accept possession of the Premises at such time as Landlord is able to tender the same, which date shall thenceforth be deemed the Commencement Date. Notwithstanding the foregoing, After the Commencement Date shall be extended by one day for each day Date, Tenant shall, upon demand, execute and deliver to Landlord a letter of acceptance of delivery of the Premises is delayed past specifying the Delivery Commencement Date. In addition, if the Delivery Date does not occur on or before November 1, 2006 then Tenant shall have the right to terminate this Lease effective upon delivery or written notice thereof to Landlord on or before December 1, 2006, provided further, however, that Tenant shall not be entitled to so terminate this Lease if the Delivery Date occurs subsequent to November 1, 2006 but prior to delivery of such notice by Tenant. Landlord shall be deemed to have tendered possession of the Premises to Tenant upon the giving of notice by Landlord to Tenant stating that the Premises are vacant, in the condition required by this Lease and available for Tenant’s occupancy. Except as otherwise provided herein, no failure to tender possession of the Premises to Tenant on or before the Delivery Date shall affect any other obligations of Tenant hereunder. There shall be no postponement of the Commencement Date for any delay in the tender of possession to Tenant which results from any Tenant Delay1.4.

Commencement Date. Upon the Effective Date, the terms and provisions hereof shall be fully binding on Landlord and Tenant shall use their best efforts to complete the Building and the Initial Tenant Improvements in accordance with Exhibit D hereto on the Target Commencement Date or as soon thereafter as practicable. The determination of the Commencement Date with respect to the Initial Premises shall depend on which contractor is selected to construct the Initial Tenant Improvements. If Tenant selects the contractor engaged by Landlord to construct the shell and core of the Building (the "Shell and Core Contractor"), Landlord shall use its commercially reasonable best efforts to cause the Commencement Date to occur by May 21, 1999. If the Shell and Core Contractor's bid is the lowest received by Tenant for the construction of the Tenant Improvements, or is within two percent (2%) of the lowest bid received, and Tenant chooses a contractor other than the Shell and Core Contractor, the Commencement Date shall be deemed to occur on the date that it otherwise would have occurred had the Shell and Core Contractor been chosen to construct the Initial Tenant Improvements (as reasonably determined based on the Shell and Core Contractor's proposed schedule included in its tenant work bid.) If the Shell and Core Contractor is not the lowest bidder or within two percent (2%) of the low bidder, and Tenant chooses such low bidder, the Commencement Date shall be deemed to occur on the earlier of (i) the date five (5) weeks after that date that it otherwise would have occurred had the Shell and Core Contractor been chosen to construct the Initial Tenant Improvements (as reasonably determined based on the Shell and Core Contractor's proposed schedule included in its tenant work bid), or (ii) the date the Commencement Date would otherwise occur pursuant to the following paragraph. All of the foregoing dates are subject to the delay provisions contained in Section 3(d) below. The contractor so selected to construct the Tenant Improvements shall be hereinafter referred to as the "Tenant Improvements Contractor." The Commencement Date with respect to the Initial Premises shall be deemed to occur on (A) the later of (I) the completion date specified in the notice ("30 Day Notice") delivered to Tenant at least thirty (30) days prior to the occurrence date that the Initial Premises will be completed for occupancy or (II) the date the entirety of the Commencement DateInitial Premises is in fact delivered to Tenant with all of Landlord's Work and the Initial Tenant Improvements substantially completed, or (B) such earlier date as Landlord would have been able to so deliver the entire Premises to Tenant but for Tenant Delay (defined below). The Term of this Lease Subject to Tenant Delay or other causes beyond Landlord's control, Landlord shall commence on the Commencement Date. Unless sooner terminated or extended as hereinafter provided, the Term shall end on the Expiration Date. If Landlord does not tender possession of use its best efforts to deliver the Premises to Tenant on or before no later than the Delivery Date or any other particular date, for any reason whatsoever, Landlord shall not be liable for any damage thereby, this Lease shall not be void or voidable thereby, and completion date specified in the Term shall not commence until the Commencement Date30 Day Notice. Notwithstanding the foregoing, the Commencement Date shall be extended by one day deemed to have occurred with respect to the Initial Premises on the date Tenant first occupies the Initial Premises for each day delivery of the Premises is delayed past the Delivery Date. In additionnormal business operations, if such date is earlier than the Delivery dates described above. The Commencement Date does not occur on or before November 1, 2006 then Tenant shall have the right to terminate this Lease effective upon delivery or written notice thereof to Landlord on or before December 1, 2006, provided further, however, that Tenant shall not be deemed to occur until the following conditions shall have been satisfied by Landlord: (1) The utility and other systems servicing the Building and necessary for the operation of the Building or Tenant's occupancy and full enjoyment of the Initial Premises (such as elevators, plumbing, heating, ventilating, air conditioning, electrical and security systems) shall be completed and in good order and operating condition except for (A) details of construction, decoration and mechanical adjustments which do not materially interfere with Tenant's use of the Initial Premises, and (B) any part thereof the non-completion of which shall be due to Tenant Delay; (2) Landlord (A) shall have obtained a temporary Certificate of Occupancy for the Initial Premises, or (B) would have been entitled to so terminate this Lease if the Delivery Date occurs subsequent to November 1issuance of a temporary Certificate of Occupancy for the Initial Premises, 2006 but prior to delivery for Tenant Delay; (3) The lobby of the Building and the entrances and public portions (including the garage), stairways, corridors and elevators (including freight elevators) of the Building, shall have been finished (except for details of construction, decoration and mechanical adjustments which do not materially detract from the appearance of such notice by Tenant. Landlord areas or materially interfere with their use for normal purposes) and shall be deemed in a clean and orderly condition affording reasonable access to have tendered possession all portions of the Premises to Initial Premises, or would be in such condition but for Tenant upon Delay; and (4) The exterior of the giving Building (including the installation of notice by Landlord to Tenant stating that the Premises are vacant, glass therein) shall have been completed except for (A) minor portions thereof which in the condition required by this Lease and available for aggregate do not materially affect Tenant’s occupancy. Except as otherwise provided herein, no failure to tender possession 's use of the Premises to Tenant on or before Premises, and (B) any part thereof the Delivery Date shall affect any other obligations non-completion of Tenant hereunder. There which shall be no postponement of the Commencement Date for any delay in the tender of possession due to Tenant which results from any Tenant Delay.

Commencement Date. Upon the Effective Date, the terms and provisions hereof shall be fully binding on Landlord and Tenant prior to the occurrence The Commencement Date listed in Section l(g) of this Lease represents an estimate of the Commencement Date. The Term of this This Lease shall commence on the estimated Commencement Date. Unless sooner terminated or extended as hereinafter providedDate if the Premises Improvements are substantially completed by fourteen (14) days prior to such date, but otherwise the Term Commencement Date shall end be first to occur of the following events (i) fourteen (14) days after the date on which Landlord notifies Tenant that the Expiration Date. If Landlord does not tender possession Premises Improvements are substantially completed in accordance with Exhibit D, (ii) the date on which Tenant commences beneficial occupancy of any portion of the Premises other than for move in purposes, or (iii) if substantial completion of the Premises Improvements is delayed due to Tenant on or before Tenant's failure to perform its obligations under this Lease, then the Delivery date determined by Landlord as fourteen (14) days after the date upon which the Premises Improvements would have been substantially completed, but for Tenant's failure to perform. If this Commencement Date or any other particular date, for any reason whatsoever, Landlord shall not be liable for any damage therebyis later than the Section 1 Commencement Date, this Lease shall not be void or voidable therebyvoidable, and nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom, provided only that if substantial completion of manufacturing space on the Term shall first floor (the "Manufacturing Space") has not commence until the Commencement Date. Notwithstanding the foregoingoccurred by December 31, the Commencement Date shall be extended 1994 for any reason other than force majeure or delay caused by one day for each day delivery of Tenant, or if the Premises is delayed past Improvements are not all substantially complete by the Delivery Date. In addition, if the Delivery Date does not occur on or before November 1, 2006 then Tenant shall have the right to terminate this Lease effective upon delivery or written notice thereof to Landlord on or before December 1, 2006, provided further, however, that Tenant shall not be entitled to so terminate this Lease if the Delivery Date occurs subsequent to November 1, 2006 but prior to delivery of such notice by Tenant. Landlord shall be deemed to have tendered possession of the Premises to Tenant upon the giving of notice by Landlord to Tenant stating that the Premises are vacant, in the condition required by this Lease and available for Tenant’s occupancy. Except as otherwise provided herein, no failure to tender possession of the Premises to Tenant on or before the Delivery Date shall affect any other obligations of Tenant hereunder. There shall be no postponement seven month anniversary of the Commencement Date for any reason other than force majeure or delay caused by Tenant (which Tenant caused delay shall include delay caused by Tenant's failure to timely respond to plan proposals), then Tenant shall be entitled to cancel this Lease on thirty (30)days written notice to Landlord given within ten (10) days after ▇▇▇▇▇▇▇▇'s failure to meet an applicable deadline, and neither party shall have any further obligation to the other. Landlord shall confirm the Commencement Date by written notice to Tenant. This Lease shall be for a term ("Lease Term") beginning on the Commencement Date and ending on the Expiration Date, unless extended or sooner terminated in accordance with the tender terms of possession to Tenant which results from any Tenant Delaythis Lease.

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 1. The commencement date (“Commencement Date. The Term of ”) for this Lease shall commence on is the Commencement Date. Unless sooner terminated or extended as hereinafter date set forth in the Schedule; provided, however, that (a) if the Term shall end on the Expiration Date. If Landlord does not tender possession of the Premises Substantial Completion Date fails to Tenant occur on or before the Delivery Date or any other particular dateDecember 29, 2003 for any reason whatsoeverreason, Landlord shall not be liable for any damage thereby, (i) this Lease shall not be void or voidable therebyby either party, (ii) Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and (iii) the Term Commencement Date shall not commence until 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. Notwithstanding the foregoing, the Commencement Date shall be extended by one day for each day delivery 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 Work (as defined in the Tenant Improvement Agreement attached hereto as Exhibit C) or in delivering possession of the Premises is delayed past to Tenant as a result of any Tenant Delay (as defined in Section 4 of Exhibit C), the Delivery DateSubstantial Completion Date shall be deemed to have occurred on the date the Substantial Completion Date would have occurred in the absence of such Tenant Delay, as reasonably determined by Landlord or Landlord’s architect. In additionTenant shall be responsible for and shall pay any additional costs and expenses incurred by Landlord in connection with the completion of Landlord’s Work as a result of any Tenant Delay. Notwithstanding the foregoing, if the Delivery Substantial Completion Date does not occur on or before November 1May 31, 2006 then 2004, Tenant shall have the right to terminate this Lease effective upon by delivery or of written notice thereof to Landlord on or before no later than June 15, 2004. 2. If the Commencement Date is other than December 129, 20062003, provided further, however, 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 executed original of the same to Landlord within three (3) business days after Tenant’s receipt thereof. Provided that Tenant shall has not be entitled objected in writing within such three (3) business day period to so terminate this Lease if the Delivery Commencement Date occurs subsequent or Termination Date set forth in the Commencement Date Confirmation, Tenant’s failure to November 1, 2006 but prior timely execute and return the Commencement Date Confirmation document to delivery of such notice by Tenant. Landlord shall be deemed to have tendered possession conclusive evidence of Tenant’s agreement with the information as set forth therein. 3. 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 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. Except as otherwise provided herein, no failure to tender possession of the Premises to Tenant on or before the Delivery Date shall affect any other obligations of Tenant hereunder. There shall be no postponement of the Commencement Date for any delay in the tender of possession to Tenant which results from any Tenant DelayTerm.

Commencement Date. Upon Landlord shall prepare the Effective DatePremises for Tenant's occupancy in accordance with the Plans and Specifications. Landlord's preparation of the Premises ("Landlord's Work") shall be performed by Landlord's contractors and the Tenant Improvement Allowance shall be applied against the cost thereof as provided in paragraph 2.5 hereof. Landlord shall notify Tenant in writing of Substantial Completion. If Tenant believes that Substantial Completion has not occurred, Tenant shall notify Landlord in writing of its objections within ten (10) Business Days after its receipt of the Landlord's notice described in the preceding sentence. Landlord shall have a reasonable time after its receipt of Tenant's notice in which to take such action as may be necessary to achieve Substantial Completion, and shall notify Tenant in writing when such has been completed. As of the date of this Lease, Tenant is in possession of Premises C. Taking of possession by Tenant of the whole or any part of Premises A and/or Premises B prior to March 1, 2000 or Substantial Completion in respect of Premises A and B shall establish the Commencement Date as specified in the definition of that term for both Premises A and B and the establishment of such fact upon the taking of possession shall occur even if Tenant disputes whether Substantial Completion has occurred or attempts to condition or qualify the taking of possession. Such taking of possession shall further establish that the Premises are in good and satisfactory condition when possession was so taken and the Commencement Date has occurred. Tenant acknowledges that no representations as to the condition of the Premises have been made by Landlord, unless such are expressly set forth in this Lease. In the event of any dispute as to whether Substantial Completion has occurred, the terms and provisions hereof certificate of Landlord's architect or general contractor shall be fully binding conclusive. If on the date of Substantial Completion, Punch List Work remains to be completed, Landlord and Tenant shall agree on such Punch List Work prior to occupancy by Tenant and Landlord will promptly complete it after the date of Substantial Completion. In no event shall Tenant's refusal or failure to agree on the nature and extent of Punch List Work or the existence of items of Punch List Work delay or postpone the occurrence of the Commencement Date. The Term date of this Lease shall commence on Substantial Completion or the Commencement Date. Unless sooner terminated Tenant shall make no changes to the Plans and Specifications or extended as hereinafter provided, the Term shall end on work reflected in the Expiration DatePlans and Specifications without the written consent of Landlord. If Landlord does not tender possession of Notwithstanding anything to the Premises to Tenant on or before the Delivery Date or any other particular date, for any reason whatsoevercontrary herein contained, Landlord shall not be liable for any damage thereby, this Lease shall not be void or voidable thereby, perform Landlord's Work in respect of Premises C while Tenant is in occupancy of Premises C and the Term shall not commence until the Commencement Date. Notwithstanding the foregoing, the Commencement Date shall be extended by one day for each day delivery may perform Landlord's Work in respect of the Premises is delayed past the Delivery Date. In addition, if the Delivery Date does not occur on or before November A and/or B subsequent to March 1, 2006 then 2000 and possibly while Tenant shall have the right to terminate this Lease effective upon delivery is in occupancy of Premises A and/or B, or written notice thereof to Landlord on or before December 1, 2006, provided further, however, that Tenant shall not be entitled to so terminate this Lease if the Delivery Date occurs subsequent to November 1, 2006 but prior to delivery of such notice by Tenant. Landlord shall be deemed to have tendered possession of the Premises to Tenant upon the giving of notice by Landlord to Tenant stating that the Premises are vacant, in the condition required by this Lease and available for Tenant’s occupancy. Except as otherwise provided herein, no failure to tender possession of the Premises to Tenant on or before the Delivery Date shall affect any other obligations of Tenant hereunderparts thereof. There shall be no postponement of the Commencement Date for any delay in the tender of possession allowance to Tenant which results for diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to Tenant arising from any Tenant Delaythe performance of Landlord's Work.

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. (a) The Term term of this Lease and the estate hereby granted (the “Lease Term”) shall commence on the Commencement Date. Unless sooner terminated or extended as hereinafter provided, the Term shall end on the Expiration Date. If date that Landlord does not tender makes possession of the Premises available to Tenant with the Base Work Substantially Complete pursuant to the Work Letter. Such date of commencement is hereinafter called the “Commencement Date”. If Landlord fails to cause the Commencement Date to occur on or before the date that is [***] following the later to occur of (x) the date hereof and (y) the date on which the Plans and Specifications are finalized and approved by Landlord and Tenant in accordance with the terms of the Work Letter (as such date shall be extended on a day for day basis for Force Majeure and Tenant Delay, the “Anticipated Delivery Date”), then the Rent Commencement Date shall be postponed by (i) [***] for each day that occurs during the period commencing on the day immediately following the Anticipated Delivery Date or any other particular date, for any reason whatsoever, Landlord shall to but not be liable for any damage thereby, this Lease shall not be void or voidable therebyincluding the earlier to occur of (A) [***] and (B) the date that is [***] after the Anticipated Delivery Date, and (ii) [***] for each day that occurs during the Term shall period commencing on the [***] after the Anticipated Delivery Date to but not commence until including the Commencement Date, and any delay in such date shall be Tenant’s sole remedy at law or in equity (Tenant hereby waiving any right to rescind this Lease and/or to recover any damages on account of such delay other than as expressly set forth in Section 3.1(b) below). Notwithstanding Landlord hereby agrees to use commercially reasonable efforts to cause the foregoingCommencement Date to occur prior to the Anticipated Delivery Date and Landlord shall keep Tenant reasonably apprised of any anticipated delay in the Substantial Completion of the Base Work. The foregoing is intended to be “an express provision to the contrary” under Section 223¬a of the New York Real Property Law or any successor statute of similar import. If Tenant occupies all or any portion of the Premises prior to the Commencement Date specified above for the normal operation of its business therein (and not for the purpose of installing Tenant’s furniture, fixtures or equipment prior to the Commencement Date, if the same is permitted hereunder), the Commencement Date shall be extended by one day for each day delivery treated as having occurred on such date of occupancy. (b) If the Premises is delayed past the Delivery Date. In addition, if the Delivery Commencement Date does not occur on or before November 1the date that is twelve (12) months following the later to occur of (i) the date hereof and (ii) the date on which the Plans and Specifications are finalized and approved by Landlord and Tenant in accordance with the terms of the Base Work Letter (as such date shall be extended on a day-for-day basis for Force Majeure (but in no event shall such Force Majeure extension exceed ninety (90) days in the aggregate) and Tenant Delay, 2006 the “Outside Date”), then Tenant Tenant, in Tenant’s sole discretion, shall have the right to terminate this Lease effective upon delivery or written notice thereof (“Tenant’s Termination Notice”) delivered to Landlord on or before December 1within ten (10) days after the Outside Date, 2006time being of the essence. If Tenant does not deliver Tenant’s Termination Notice within the aforesaid ten (10) day period, provided further, however, that then Tenant shall not be entitled to so terminate this Lease if the Delivery Date occurs subsequent to November 1, 2006 but prior to delivery of such notice by Tenant. Landlord shall be deemed to have tendered possession of waived such termination right. If Tenant exercises such termination right and Landlord does not deliver the Premises to Tenant upon within thirty (30) days after the giving of notice by Landlord to Tenant stating that Tenant’s Termination Notice (time being of the Premises are vacantessence and Force Majeure notwithstanding), in the condition required by then this Lease shall cease and available for Tenant’s occupancy. Except as otherwise provided hereincome to an end without further liability or obligation on the part of either party; provided, no failure to tender possession of the Premises to Tenant on or before the Delivery Date however, if Landlord shall affect any other obligations of Tenant hereunder. There shall be no postponement of cause the Commencement Date for any delay in the tender to occur within thirty (30) days after receipt of possession to Tenant which results from any Tenant DelayTenant’s Termination Notice, this Lease shall not be so terminated and Tenant’s termination right under this Section 3.1(b) shall be void and of no further force or effect.

Commencement Date. Upon the Effective DateUnless otherwise provided herein, the terms Commencement Date and provisions hereof Termination Date shall be fully binding as set forth in Section 1.3. If the Landlord is unable to give possession of the Premises on the date set forth in Section 1.3 by reason of holding over of any tenant or because construction, repairs, or improvements being made or to be made by Landlord are not substantially completed, the Commencement Date and Termination Date shall be postponed for the period that possession by Tenant is delayed for causes other than delays caused by Tenant, but under no circumstances shall Landlord be responsible for direct or consequential damages because of its inability to furnish possession to Tenant by any particular date. If the Commencement Date is after the date set forth in Section 1.3, it shall not be later than the date upon which the Premises would have been substantially completed but for delays caused by Tenant. Should Tenant occupy the Premises prior to the occurrence of the Commencement Date. The Term date set forth in Section 1.3, with such early occupancy being in all respects fully approved in writing by Landlord, all terms of this Lease shall then commence and the term of this Lease and the Rental provided herein shall go into effect (being prorated if necessary on an actual daily basis for the first month if the Commencement DateDate is other than the first day of a calendar month). Unless sooner terminated or extended as hereinafter provided, It is mutually agreed that the Term Commencement Date of the term under such early occupancy shall end on be the Expiration Date. If Landlord does not tender possession date Tenant takes occupancy of the Premises to Tenant on or before and that the Delivery Termination Date or any other particular date, for any reason whatsoeverstated above shall remain in effect. When the Commencement Date and Termination Date of the Lease Term have been determined as provided herein, Landlord shall not be liable for any damage thereby, this Lease deliver and Tenant shall not be void or voidable thereby, and the Term shall not commence until the Commencement Date. Notwithstanding the foregoing, execute a statement specifying the Commencement Date shall be extended by one day for each day delivery and the Termination Date of the Premises is delayed past the Delivery Date. In addition, if the Delivery Date does not occur on or before November 1, 2006 then Tenant shall have the right to terminate this Lease effective upon delivery or written notice thereof to Landlord on or before December 1, 2006, provided further, however, that Tenant shall not be entitled to so terminate this Lease if the Delivery Date occurs subsequent to November 1, 2006 but prior to delivery of such notice by Tenant. Landlord shall be deemed to have tendered possession of the Premises to Tenant upon the giving of notice by Landlord to Tenant stating that the Premises are vacantTerm, in the condition required by this Lease and available for Tenant’s occupancy. Except as otherwise provided herein, no failure to tender possession form of the Premises to Tenant on or before the Delivery Date shall affect any other obligations of Tenant hereunder. There shall be no postponement of the Commencement Date for any delay in the tender of possession to Tenant which results from any Tenant DelayExhibit "D" attached hereto.

Commencement Date. Upon Tenant shall be liable to Landlord for the Effective payment of Rent and any other payment as set forth in the Lease. The “Commencement Date” under the Lease shall be five (5) business days after the later of (1) date on which the Improvements and Tenant Improvements are Substantially Completed and (2) May 1, 2008; provided, however, in the event Substantial Completion of the Improvements and any Tenant Improvements is delayed due to Tenant Delays, then for purposes of the payment Rent and any other payment required to be made by Tenant pursuant to the Lease, the terms and provisions hereof Commencement Date shall be fully binding that date five (5) business days after the date on Landlord and Tenant prior to which the Improvements would have been Substantially Completed but for the occurrence of such Tenant Delays. If the Improvements are not Substantially Completed but are partially ready for occupancy, Tenant may, but need not, occupy the portion of the Premises that is ready for occupancy, provided such partial occupancy is permitted by applicable law, and in the event of such partial occupancy (other than occupancy necessary to complete the Tenant Improvements), Tenant shall pay to Landlord pro rata Rent based upon the area of the Premises so occupied by Tenant. Such obligation to pay Rent on a proportionate basis shall commence on the date on which Tenant first occupies and takes possession of any portion of the Premises, and shall continue through the Commencement Date. The Term of this Lease shall commence on the Commencement Date. Unless sooner terminated or extended as hereinafter provided, the Term shall end on the Expiration Date. If Landlord does not tender possession Tenant’s right to so occupy and utilize a portion of the Premises shall nevertheless be subject to Landlord’s reasonable approval, and throughout such partial occupancy, Tenant on shall fully cooperate with Landlord to facilitate Landlord’s Substantial Completion of any remaining or before outstanding Improvements without any interference. If Tenant occupies any portion of the Delivery Date or any other particular datePremises prior to Substantial Completion thereof, for any reason whatsoever, Landlord shall not be liable for any damage thereby, this the provisions of the Lease shall not be void apply to such occupancy or voidable therebyuse of the Premises by Tenant, and except that the Term of the Lease shall not commence until the Commencement Date. Notwithstanding the foregoing, the Commencement Date shall be extended by one day for each day delivery of the Premises is delayed past the Delivery Date. In addition, if the Delivery Date does not occur on or before November 1, 2006 then Tenant shall have the right to terminate this Lease effective upon delivery or written notice thereof to Landlord on or before December 1, 2006, provided further, however, that Tenant shall not be entitled to so terminate this Lease if the Delivery Date occurs subsequent to November 1, 2006 but prior to delivery of such notice by Tenant. Landlord shall be deemed to have tendered possession of the Premises to Tenant upon the giving of notice by Landlord to Tenant stating that the Premises are vacant, in the condition required by this Lease and available for Tenant’s occupancy. Except as otherwise provided herein, no failure to tender possession of the Premises to Tenant on or before the Delivery Date shall affect any other obligations of Tenant hereunder. There shall be no postponement of the Commencement Date for any delay in the tender of possession to Tenant which results from any Tenant Delay.

Commencement Date. Upon the Effective The "Commencement Date, the terms and provisions hereof " shall be fully binding the date upon which the Premises have been substantially completed in accordance with the plans and specifications described on EXHIBIT C attached hereto (the "Plans and Specifications"). Landlord and shall notify Tenant prior to the occurrence of the Commencement Date. The Term of this Lease shall commence on the Commencement Date. Unless sooner terminated or extended in writing as hereinafter provided, the Term shall end on the Expiration Date. If soon as Landlord does not tender possession of deems the Premises to Tenant on or before the Delivery Date or any other particular date, for any reason whatsoever, Landlord shall not be liable for any damage thereby, this Lease shall not be void or voidable thereby, and the Term shall not commence until the Commencement Date. Notwithstanding the foregoing, the Commencement Date shall be extended by one day for each day delivery of the Premises is delayed past the Delivery Datesubstantially completed. In addition, if the Delivery Date does not occur on or before November 1, 2006 then Tenant shall have the right to terminate this Lease effective upon delivery or written notice thereof to Landlord on or before December 1, 2006, provided further, however, that Tenant shall not be entitled to so terminate this Lease if the Delivery Date occurs subsequent to November 1, 2006 but prior to delivery of such notice by Tenant. Landlord shall be deemed to have tendered possession of the Premises to Tenant upon the giving of notice by Landlord to Tenant stating event that the Premises are vacantnot substantially completed in accordance with the Plans and Specifications, Tenant shall notify Landlord in writing of its objections within five (5) days after Tenant receives such notice. Landlord shall have a reasonable time after delivery of Tenant's notice in which to take such corrective action as may be necessary, and Landlord shall notify Tenant in writing as soon as it deems such corrective action has been completed so that the condition required Premises are substantially completed. Taking of possession by this Lease Tenant shall be deemed conclusively to establish that the Premises have been substantially completed in accordance with the Plans and available Specifications and that the Premises are in good and satisfactory condition, as of the date possession was so taken, except for Tenant’s occupancy. Except as otherwise provided herein, no failure those uncompleted items set forth in writing by Tenant prior to tender Tenant taking possession of the Premises. Tenant acknowledges that no representations as to the condition of the Premises to Tenant on or the Building have been made by Landlord, unless such are expressly set forth in this Lease Agreement. On or before the Delivery Date shall affect Commencement Date, Tenant shall, upon demand, execute and deliver to Landlord a letter of acceptance of delivery of the Premises, on Landlord's standard form. In the event of any other obligations dispute regarding when or whether the work performed or required to be performed by Landlord has been substantially completed, the certificate of Tenant hereunder. There Landlord's architect or a certificate of occupancy issued by the local government authority permitting occupancy of the Premises shall be no postponement conclusive evidence of such completion, effective on the date of the Commencement Date for delivery of any delay in the tender of possession such certificate to Tenant which results from any Tenant DelayTenant.

Commencement Date. Upon The "TARGET COMMENCEMENT DATE" is June 1, 2000. The "COMMENCEMENT DATE" of this Lease will be the Effective Datedate on which: (i) the Landlord certifies to Tenant that the Base Building is substantially complete; and (ii) Landlord certifies to Tenant that the "Tenant Improvements" (as hereinafter defined) are substantially complete; and (iii) the City has issued a certificate of occupancy for the Premises; provided that if the Commencement Date is delayed by reason of delays caused by the Tenant (a "TENANT DELAY"), including, but not limited to, the terms and provisions hereof shall failure of Tenant to timely deliver construction drawings to Landlord for the Tenant Improvements, then the Commencement Date will be fully binding deemed to occur on Landlord and Tenant prior to the occurrence of the Target Commencement Date. The Term of this Lease shall will commence on the Commencement Date. Unless sooner terminated The "RENT COMMENCEMENT DATE" will be the date which is thirty (30) days after the Commencement Date. Tenant's obligation to pay Minimum Annual Rent and Annual Real Estate Taxes and Operating Expenses will commence on the Rent Commencement Date. Upon request, the Tenant will execute a memorandum confirming the Commencement Date in the form of attached EXHIBIT "B". 24 If the Commencement Date has not occurred by June 1, 2000, as that date is adjusted by reason of "Excused Delay" as defined below, then Landlord shall provide a credit against Minimum Annual Rent first coming due hereunder in an amount equal to $44,271.00 (being one month's Base Rent and Additional Rent payable by Tenant to its current landlord). If the Commencement Date has not occurred by July 1, 2000, as that date is adjusted by reason of Excused Delay, then Landlord shall provide a credit against Minimum Annual Rent first coming due hereunder in an amount equal to an additional $44,271.00. If the Commencement Date has not occurred by August 1, 2000, as that date is adjusted by reason of Excused Delay, then Landlord shall provide a credit against Minimum Annual Rent first coming due hereunder in an amount equal to an additional $44,271.00, for a maximum rent credit by reason of the foregoing three sentences of $132,813.00. Tenant shall use its best efforts to negotiate a per day holdover at the current Rent. The Landlord will pay the actual amount paid by Tenant to its current landlord, not to exceed the maximum rent credit described above. The rent credit described in this paragraph has been agreed upon as liquidated damages by reason of Landlord's failure to deliver the Premises by the Target Commencement Date, and Landlord will have no obligation to pay other damages, direct, indirect, special or consequential by reason of this Lease. If the Commencement Date has not occurred by September 1, 2000, as that date is extended as hereinafter for Excused Delay, then either party may terminate this Lease by giving written notice of termination to the other, provided, however, that Tenant shall not have a right to terminate this Lease to the Term shall end on extent the Expiration Datedelay in achieving the Commencement Date is due to a Tenant Delay. If Landlord does the Commencement Date has not tender possession occurred by October 1, 2000, as that date is extended for Tenant Delay (but not for other Excused Delays) (the "Completion Deadline"), then either party may terminate this Lease by giving written notice of termination to the other, provided, however, that Tenant shall not have a right to terminate this Lease to the extent the delay in achieving the Commencement Date is due to a Tenant Delay. In the event that a casualty occurs prior to the Commencement Date, and if, because of the casualty Landlord, in Landlord's reasonable judgement, will not be able to cause the Premises to Tenant be substantially completed and the Commencement Date to occur on or before the Delivery Date or any other particular dateCompletion Deadline, for any reason whatsoever, then Landlord shall not be liable for any damage thereby, this Lease shall not be void so notice Tenant and either Landlord or voidable thereby, and the Term shall not commence until the Commencement Date. Notwithstanding the foregoing, the Commencement Date shall be extended by one day for each day delivery of the Premises is delayed past the Delivery Date. In addition, if the Delivery Date does not occur on or before November 1, 2006 then Tenant shall have the right to terminate this Lease effective upon delivery or by giving written notice thereof to Landlord on or before December 1, 2006, provided further, however, that Tenant shall not be entitled the other within 10 days following Landlord's notice; if neither party so elects to so terminate this Lease if Lease, then Landlord will proceed with the Delivery Date occurs subsequent to November 1, 2006 but prior to delivery of such notice by Tenant. Landlord construction and the Completion Deadline shall be deemed to have tendered possession of extended by the Premises to Tenant upon delay resulting from 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. Except as otherwise provided herein, no failure to tender possession of the Premises to Tenant on or before the Delivery Date shall affect any other obligations of Tenant hereunder. There shall be no postponement of the Commencement Date for any delay in the tender of possession to Tenant which results from any Tenant Delaycasualty.

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 of this Lease shall commence on the Commencement Date. Unless sooner terminated or extended as hereinafter provided, the Term shall end on the Expiration Date. If Landlord does not tender possession of the Premises to Tenant on or before the Scheduled Delivery Date or any other particular dateDate, for any reason whatsoever, Landlord shall not be liable for any damage thereby, this Lease shall not be void or voidable thereby, and the Term shall not commence until the Commencement Date. Notwithstanding the foregoing, the Commencement Date shall be extended by one 90th calendar day for each day delivery of the Premises is delayed past the Delivery Date. In addition, if the Delivery Date does not occur on or before November 1, 2006 then Tenant shall have the right to terminate this Lease effective upon delivery or written notice thereof to after Landlord on or before December 1, 2006, provided further, however, that Tenant shall not be entitled to so terminate this Lease if the Delivery Date occurs subsequent to November 1, 2006 but prior to delivery of such notice by Tenant. Landlord shall be deemed to have tendered tenders 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 occupancyArticle 4. Except as otherwise provided herein, no No failure to tender possession of the Premises to Tenant on or before the Scheduled Delivery Date shall affect any other obligations of Tenant hereunder; provided, however, that if Landlord fails to tender possession of the Premises to Tenant on or before September 1, 2000, then, except to the extent caused by Unavoidable Delays, Tenant shall receive for each day of delay thereafter with respect to the Premises a credit against Fixed Rent in an amount equal to $8,000.00 per day. There Landlord shall use its commercially reasonable efforts to cause the Base Building Work to be Substantially Complete on or before the Commencement Date. The Base Building Work shall be deemed to be "Substantially Complete" upon the date by which there remains no postponement incomplete or defective item of the Base Building Work that would materially adversely affect Tenant's intended use of the Premises and that Landlord has obtained (or as of the Commencement Date will have obtained) all necessary permits and approvals from Governmental Authorities with respect to the Base Building Work required for any delay in the tender legal occupancy of possession the Premises for the Permitted Use (subject to Substantial Completion by Tenant which results from any of the Initial Installations). Once the Commencement Date is determined, Landlord and Tenant Delayshall execute an agreement stating the Commencement Date and Expiration Date, but the failure to do so will not affect the determination of such dates.

Commencement Date. Upon The Commencement Date shall be at the Effective later to occur of: (a) The Delivery Date, or (b) the terms and provisions hereof shall be fully binding on Landlord and Tenant prior to the occurrence of the Commencement Substantial Completion Date. The Term of this Lease shall commence on the Commencement Date. Unless sooner terminated or extended , as hereinafter provided, the Term shall end on the Expiration Date. If Landlord does not tender possession of the Premises to Tenant on or before the Delivery Date or any other particular date, for any reason whatsoever, Landlord shall not be liable for any damage thereby, this Lease shall not be void or voidable thereby, and the Term shall not commence until the Commencement Datedefined in Section 3.2(d). Notwithstanding the foregoing, if Tenant’s personnel shall occupy all or any part of the Premises for the conduct of its business prior to the Commencement Date as determined pursuant to the preceding sentence, such date of occupancy shall, for all purposes of this Lease, be the Commencement Date. At least twenty-one (21) days before the projected Substantial Completion Date, Tenant and its contractors shall have access to the Premises for the purposes of installing its furniture, fixtures, equipment and cabling in preparation for Tenant’s occupancy of the Premises. In connection with such access, Tenant agrees (i) to cease promptly upon notice from Landlord any activity or work which has not been approved by Landlord (where such approval is required) or is not in compliance with the provisions of this Lease or which shall interfere with or delay the performance of Landlord’s Premises Work, and (ii) to comply and cause its contractors to comply promptly with all reasonable procedures prescribed by Landlord from time to time for coordinating any work of Tenant with the performance of Landlord’s Premises Work and with any other activity or work in the Building, including, without limitation, the use of labor which shall work in harmony with all other contractors performing work at the Building. Such access by Tenant shall be extended by one day for each day delivery deemed to be subject to all of the Premises is delayed past the Delivery Date. In addition, applicable provisions of this Lease as if the Delivery Commencement Date does not occur had occurred, except that (i) there shall be no obligation on the part of Tenant solely because of such access to pay any Annual Fixed Rent or before November 1Additional Rent for Taxes or Operating Costs for any period prior to the Rent Commencement Date, 2006 then Tenant shall have the right to terminate this Lease effective upon delivery or written notice thereof to Landlord on or before December 1, 2006, provided further, however, that and (ii) Tenant shall not be entitled to so terminate this Lease if the Delivery Date occurs subsequent to November 1, 2006 but prior to delivery of such notice by Tenant. Landlord shall be deemed thereby to have tendered taken or accepted possession of the Premises or any portion thereof. If Tenant fails or refuses to Tenant comply or cause its contractors to comply with any of the obligations described or referred to above, then immediately upon the giving notice to Tenant, Landlord may revoke Tenant’s rights of notice by Landlord access to Tenant stating that the Premises are vacant, in the condition required by this Lease and available for Tenant’s occupancy. Except as otherwise provided herein, no failure to tender possession of the Premises to Tenant on or before the Delivery Date shall affect any other obligations of Tenant hereunder. There shall be no postponement of until the Commencement Date for any delay in the tender of possession to Tenant which results from any Tenant DelayDate.