Common use of Commencement Date Clause in Contracts

Commencement Date. The term of this Lease (“Lease Term”) shall be for twelve (12) years beginning on the earlier of (i) the first date on which Lessee occupies or conducts business at the Premises or (ii) the date on which a Certificate of Occupancy is issued affecting the Building and the Seaport Boulevard improvements, the baseball and soccer fields and the amenities/athletic facility have been substantially completed (the “Commencement Date”) provided that, (A) for each day of delay by Lessee in failing to approve the interior schematic drawings or the Working Drawings when required under Section 2.04(d), or (B) for each day of delay by Lessee in failing to approve the Budget, in writing, within fourteen (14) days after delivery by the General Contractor as provided in Section 2.04(d), or (C) for each day of delay caused by any changes to the approved Working Drawings requested by Lessee, or (D) for each day that any other act or omission by Lessee causes the construction schedule for Tenant Improvements to be delayed provided that Lessor gives Lessee written notice of such Lessee Delay within five (5) business days after its occurrence (collectively “Lessee Delay”), the Commencement Date shall occur one (1) day in advance of the date of the Certificate of Occupancy for each such day of delay. For example, if seven (7) days of Lessee Delay causes the date of issuance of the Certificate of Occupancy to occur on April 8, 2001 rather than April 1, 2001, the Commencement Date shall be April 1, 2001 for all purposes, including payment of Base Rent and Additional Rent. The Lease Term shall expire, unless sooner terminated or extended as provided herein, on the date which completes twelve years after the Commencement Date occurs or is deemed to have occurred, e.g. if the date on which the Certificate of Occupancy is issued or deemed to be issued for the Building is April 1, 2001, the Lease Term shall expire on March 31, 2013 and if that date is April 3, 2001, the Lease Term shall expire on April 2, 2013 (“Expiration Date”). The parties shall execute a “Memorandum of Commencement of Lease Term” when the Commencement Date becomes known, which shall include a certification of the actual Rentable Area of the Building determined by the methodology described in Section 2.01. and the actual monthly installments of Base Rent to be paid pursuant to Section 4.01., and shall be substantially in the form attached hereto as Exhibit “E.”

Commencement Date. The term of this Lease (“Lease Term”) shall be for twelve (12) years beginning on the earlier of (i) the date a Certificate of Occupancy (Or Notice of Substantial Completion) first date on which Lessee occupies or conducts business at is issued affecting the Premises Building, or (ii) the date on which a Certificate of Occupancy is issued affecting Lessee first occupies or conducts business at the Building and the Seaport Boulevard improvements, the baseball and soccer fields and the amenities/athletic facility have been substantially completed Premises (the “Commencement Date”) provided that, (Ai) for each day of delay by Lessee in failing to approve the interior schematic drawings or the Working Drawings when required under Section 2.04(d), or (Bii) for each day of delay by Lessee in failing to approve the Budget, in writing, within fourteen (14) days after delivery by the General Contractor as provided in Section 2.04(d), or (Ciii) for each day of delay caused by any changes to the approved Working Drawings requested by Lessee, or (Div) for each day that any other act or omission by Lessee causes the construction schedule for Tenant Improvements to be delayed provided that Lessor gives Lessee written notice of such Lessee Delay within five (5) business days after its occurrence (collectively “Lessee Delay”), the Commencement Date shall occur one (1) day in advance of the date of the Certificate of Occupancy for each such day of delay. For example, if seven (7) days of Lessee Delay causes the date of issuance of the Certificate of Occupancy to occur on April July 8, 2001 rather than April July 1, 2001, the Commencement Date shall be April July 1, 2001 for all purposes, including payment of Base Rent and Additional Rent. The Lease Term shall expire, unless sooner terminated or extended as provided herein, on the date which completes twelve (12) years after the Commencement Date occurs or is deemed to have occurredoccurs, e.g. if the date on which the Certificate of Occupancy Commencement Date occurs is issued or deemed to be issued for the Building is April July 1, 2001, the Lease Term shall expire on March 31June 30, 2013 and if that date the Commencement Date is April July 3, 2001, the Lease Term shall expire on April July 2, 2013 (“Expiration Date”). The parties shall execute a “Memorandum of Commencement of Lease Term” when the Commencement Date becomes known, which shall include a certification of the actual Rentable Area of the Building determined by the methodology described in Section 2.01. and the actual monthly installments of Base Rent to be paid pursuant to Section 4.01., and shall be substantially in the form attached hereto as Exhibit “E.”

Commencement Date. The term of this Lease (“"Lease Term”") shall be for twelve (12) years beginning on the earlier of (i) the date a Certificate of Occupancy first date on which Lessee occupies or conducts business at is issued affecting the Premises Building, or (ii) the date on which a Certificate of Occupancy is issued affecting Lessee first occupies or conducts business at the Building and the Seaport Boulevard improvements, the baseball and soccer fields and the amenities/athletic facility have been substantially completed Premises (the “"Commencement Date”") provided that, (Ai) for each day of delay by Lessee in failing to approve the interior schematic drawings or the Working Drawings when required under Section 2.04(d), or (Bii) for each day of delay by Lessee in failing to approve the Budget, in writing, within fourteen (14) days after delivery by the General Contractor as provided in Section 2.04(d), or (Ciii) for each day of delay caused by any changes to the approved Working Drawings requested by Lessee, or (Div) for each day that any other act or omission by Lessee causes the construction schedule for Tenant Improvements to be delayed provided that Lessor gives Lessee written notice of such Lessee Delay within five (5) business days after its occurrence (collectively “"Lessee Delay”"), the Commencement Date shall occur one (1) day in advance of the date of the Certificate of Occupancy for each such day of delay. For example, if seven (7) days of Lessee Delay causes the date of issuance of the Certificate of Occupancy to occur on April July 8, 2001 rather than April July 1, 2001, the Commencement Date shall be April July 1, 2001 for all purposes, including payment of Base Rent and Additional Rent. The Lease Term shall expire, unless sooner terminated or extended as provided herein, on the date which completes twelve (12) years after the Commencement Date occurs or is deemed to have occurredoccurs, e.g. if the date on which the Certificate of Occupancy Commencement Date occurs is issued or deemed to be issued for the Building is April July 1, 2001, the Lease Term shall expire on March 31June 30, 2013 and if that date the Commencement Date is April July 3, 2001, the Lease Term shall expire on April July 2, 2013 (“"Expiration Date”"). The parties shall execute a “"Memorandum of Commencement of Lease Term” " when the Commencement Date becomes known, which shall include a certification of the actual Rentable Area of the Building determined by the methodology described in Section 2.01. and the actual monthly installments of Base Rent to be paid pursuant to Section 4.01., and shall be substantially in the form attached hereto as Exhibit “"E.”"

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

Commencement Date. The term of this Lease (“"Lease Term”") shall be ----------------- for twelve (12) years beginning on the earlier of (i) the date a Certificate of Occupancy (which means for purposes of this Lease, either a Certificate of Occupancy or its equivalent which allows legal occupancy and including, without limitation, a Notice of Substantial Completion) first date on which Lessee occupies or conducts business at is issued affecting the Premises Building, or (ii) the date on which a Certificate of Occupancy is issued affecting Lessee first occupies or conducts business at the Building and the Seaport Boulevard improvements, the baseball and soccer fields and the amenities/athletic facility have been substantially completed Premises (the “"Commencement Date”") provided that, (Ai) for each day of delay by Lessee in failing to approve the interior schematic drawings or the Working Drawings when required under Section 2.04(d), or (Bii) for each day of delay by Lessee in failing to approve the Budget, in writing, within fourteen (14) days after delivery by the General Contractor as provided in Section 2.04(d), or (Ciii) for each day of delay caused by any changes to the approved Working Drawings requested by Lessee, or (Div) for each day that any other act or omission by Lessee causes the construction schedule for Tenant Improvements to be delayed provided that Lessor gives Lessee written notice of such Lessee Delay within five (5) business days after its occurrence (collectively “"Lessee Delay”"), the Commencement Date shall occur one (1) day in advance of the date of the Certificate of Occupancy for each such day of delay. For example, if seven (7) days of Lessee Delay causes the date of issuance of the Certificate of Occupancy to occur on April July 8, 2001 rather than April July 1, 2001, the Commencement Date shall be April July 1, 2001 for all purposes, including payment of Base Rent and Additional Rent. The Lease Term shall expire, unless sooner terminated or extended as provided herein, on the date which completes twelve (12) years after the Commencement Date occurs or is deemed to have occurred, e.g. if the date on which the Certificate of Occupancy is issued or deemed to be issued for the Building is April July 1, 2001, the Lease Term shall expire on March 31June 30, 2013 and if that date is April July 3, 2001, the Lease Term shall expire on April July 2, 2013 (“"Expiration Date”"). The parties shall execute a “"Memorandum of Commencement of Lease Term” " when the Commencement Date becomes known, which shall include a certification of the actual Rentable Area of the Building determined by the methodology described in Section 2.01. and the actual monthly installments of Base Rent to be paid pursuant to Section 4.01., and shall be substantially in the form attached hereto as Exhibit “"E.”" Notwithstanding the foregoing, in no event shall Lessee Delay be used to advance the Commencement Date to a date earlier than the Scheduled Commencement Date.

Commencement Date. The term of this Lease (a) “Lease Term”) shall be for twelve (12) years beginning on Commencement Date” means the earlier later of (i) the first date on which Lessee occupies or conducts business at to occur of the Premises or Tranche A Commencement Date and the Tranche B Commencement Date and (ii) January 1, 2006. “Tranche A Commencement Date” means the earlier of (A) the date on which a Certificate Landlord’s Work in respect of Occupancy is issued affecting the Building Tranche A Space has been Substantially Completed in accordance with Exhibit E annexed hereto and (B) the Seaport Boulevard improvements, date Tenant first takes occupancy of any material portion of the baseball and soccer fields and Tranche A Space for the amenities/athletic facility have been substantially completed (the conduct of business. “Tranche B Commencement Date”) provided that, ” means the earlier of (A) for each day of delay by Lessee in failing to approve the interior schematic drawings or the Working Drawings when required under Section 2.04(d), or (B) for each day of delay by Lessee in failing to approve the Budget, in writing, within fourteen (14) days after delivery by the General Contractor as provided in Section 2.04(d), or (C) for each day of delay caused by any changes to the approved Working Drawings requested by Lessee, or (D) for each day that any other act or omission by Lessee causes the construction schedule for Tenant Improvements to be delayed provided that Lessor gives Lessee written notice of such Lessee Delay within five (5) business days after its occurrence (collectively “Lessee Delay”), the Commencement Date shall occur one (1) day in advance of the date of the Certificate of Occupancy for each such day of delay. For example, if seven (7) days of Lessee Delay causes the date of issuance of the Certificate of Occupancy to occur on April 8, 2001 rather than April 1, 2001, the Commencement Date shall be April 1, 2001 for all purposes, including payment of Base Rent and Additional Rent. The Lease Term shall expire, unless sooner terminated or extended as provided herein, on the date which completes twelve years after the Commencement Date occurs or is deemed to have occurred, e.g. if the date on which Landlord’s Work in respect of the Certificate Tranche B Space has been Substantially Completed in accordance with Exhibit E annexed hereto and (B) the date Tenant first takes occupancy of Occupancy is issued or deemed to be issued any material portion of the Tranche B Space for the Building is April 1conduct of business. After the occurrence of each of the Tranche A Commencement Date and Tranche B Commencement Date, 2001upon request of either party, Landlord and Tenant shall promptly confirm by a separate instrument such date, the Lease Term shall expire on March 31Tranche A Rent Commencement Date or the Tranche B Rent Commencement Date, 2013 as applicable, and if that date is April 3, 2001, the Lease Term shall expire on April 2, 2013 (“Expiration Date”); provided, that the failure to execute and deliver such instrument shall not affect the determination of such dates in accordance with this Article 1. The parties Pending the resolution of any dispute as to any of such dates, Tenant shall execute a “Memorandum pay Rent based upon Landlord’s determination. Any dispute as to any of Commencement of Lease Term” when the Commencement Date becomes known, which such dates shall include a certification of the actual Rentable Area of the Building be determined by arbitration in accordance with the methodology described in provisions of Section 2.01. and the actual monthly installments of Base Rent to be paid pursuant to Section 4.018.09., and shall be substantially in the form attached hereto as Exhibit “E.”

Commencement Date. The term of this Lease (“"Lease Term”") shall be for twelve (12) years beginning on the earlier of (i) the date a Certificate of Occupancy first date on which Lessee occupies or conducts business at is issued affecting the Premises Building, or (ii) the date on which a Certificate of Occupancy is issued affecting Lessee first occupies or conducts business at the Building and the Seaport Boulevard improvements, the baseball and soccer fields and the amenities/athletic facility have been substantially completed Premises (the “"Commencement Date”") provided that, (Ai) for each day of delay by Lessee in failing to approve the interior schematic drawings or the Working Drawings when required under Section 2.04(d), or (Bii) for each day of delay by Lessee in failing to approve the Budget, in writing, within fourteen ten (1410) business days after delivery by the General Contractor as provided in Section 2.04(d), or (Ciii) for each day of delay caused by any changes to the approved Working Drawings requested by Lessee, or (Div) for each day that any other act or omission by Lessee causes the construction schedule for Tenant Improvements to be delayed provided that Lessor gives Lessee written notice of such Lessee Delay within five (5) business days after its occurrence (collectively “"Lessee Delay”"), the Commencement Date shall occur one (1) day in advance of the date of the Certificate of Occupancy for each such day of delay, provided that, in no event shall Lessee Delay be used to advance the Commencement Date to a date earlier than August 1, 2001. For example, if seven (7) days of Lessee Delay causes the date of issuance of the Certificate of Occupancy to occur on April August 8, 2001 rather than April August 1, 2001, the Commencement Date shall be April August 1, 2001 for all purposes, including payment of Base Rent and Additional Rent. The Lease Term shall expire, unless sooner terminated or extended as provided herein, on the date which completes twelve (12) years after the Commencement Date occurs or is deemed to have occurred, e.g. if the date on which the Certificate of Occupancy is issued or deemed to be issued for the Building is April August 1, 2001, the Lease Term shall expire on March August 31, 2013 and if that date is April September 3, 2001, the Lease Term shall expire on April September 2, 2013 (“"Expiration Date”"). The parties shall execute a “"Memorandum of Commencement of Lease Term” " when the Commencement Date becomes known, which shall include a certification of the actual Rentable Area of the Building determined by the methodology described in Section 2.01. and the actual monthly installments of Base Rent to be paid pursuant to Section 4.01., and shall be substantially in the form attached hereto as Exhibit “"E.”"

Commencement Date. The term Landlord represents to Tenant, and Tenant acknowledges, that (i) Landlord's existing lease with Altera Corporation ("Altera") for the Premises expires on July 4, 1997, (ii) that Altera has a "hold-over" right to remain in the Premises for up to three (3) months after the July 4, 1997 date, and (iii) Altera must exercise its "hold-over" right and state the length of the hold-over period no later than February 1, 1997. Therefore, the Commencement Date of August 3, 1997 of this Lease (“Lease Term”) shall be delayed for twelve up to three (123) years beginning on the earlier of months beyond August 3, 1997 (i) the first date on which Lessee occupies or conducts business at the Premises or only if Landlord provides written notice to Tenant that Altera has exercised its "hold-over" right, and (ii) the Commencement Date of this Lease shall be delayed a period equal to Landlord's written notice to Tenant stating the period of time of Altera's hold-over, which notice shall be delivered to Tenant no later than February 15, 1997. If Altera does not deliver possession of the Premises to Landlord on or before the date on which a Certificate of Occupancy Altera is issued affecting the Building and the Seaport Boulevard improvementsrequired to surrender, the baseball and soccer fields and the amenities/athletic facility have been substantially completed (the “Commencement Date”) provided thatwhether such date is July 4, (A) for each day of delay by Lessee in failing to approve the interior schematic drawings or the Working Drawings when required under Section 2.04(d)1997, or (B) for each day of delay an extended date set by Lessee in failing to approve the Budgeta hold-over notice, in writing, within fourteen (14) days after delivery by the General Contractor as provided in Section 2.04(d), or (C) for each day of delay caused by any changes to the approved Working Drawings requested by Lessee, or (D) for each day that any other act or omission by Lessee causes the construction schedule for Tenant Improvements to be delayed provided that Lessor gives Lessee written notice of such Lessee Delay within five (5) business days after its occurrence (collectively “Lessee Delay”), the Commencement Date shall occur one (1) day in advance of the date of the Certificate of Occupancy for each such day of delay. For example, if seven (7) days of Lessee Delay causes the date of issuance of the Certificate of Occupancy to occur on April 8, 2001 rather than April 1, 2001, then the Commencement Date shall be April 1delayed one day for every day beyond such required surrender date, 2001 for all purposes, including payment during which Altera continues in possession of Base Rent and Additional Rentthe Premises. The Lease Term shall expire, unless sooner terminated or extended as provided herein, on the date which completes twelve years after Although the Commencement Date occurs or is deemed to have occurred, e.g. if shall not be affected by the date of Substantial Completion of Interior Improvements under Exhibit "B" hereto, Landlord agrees that it will keep Tenant advised on negotiations for the construction contract with the Prime Contractor, that it will provide in such contract for penalties for delay in completion of construction by the Prime Contractor, and that Tenant will have the right to approve the Prime Construction Contract, approval not be unreasonably withheld or delayed, solely with regard to the timeline schedule for construction, the penalties which the Certificate of Occupancy is issued or deemed are to be issued for charged to the Building is April 1, 2001, Prime Contractor in the Lease Term shall expire on March 31, 2013 and if that date is April 3, 2001, the Lease Term shall expire on April 2, 2013 (“Expiration Date”). The parties shall execute a “Memorandum event of Commencement of Lease Term” when the Commencement Date becomes known, which shall include a certification of the actual Rentable Area of the Building determined by the methodology described in Section 2.01. and the actual monthly installments of Base Rent to be paid pursuant to Section 4.01.delay, and shall be substantially in the form attached hereto as Exhibit “E.”construction warranties.

Commencement Date. The term earlier of this Lease (“Lease Term”a) shall be for twelve (12i) years beginning if Landlord is not designated by Tenant to perform Tenant's Work, six (6) months from the completion of the core and shell of the Building to the extent necessary so that Tenant may commence Tenant's Work, together with the 5 delivery of Architect's Certificate, or (ii) if Landlord is designated to perform Tenant's Work, the date on which Landlord Substantially Completes Tenant's Work and delivers the earlier Demised Premises to Tenant, provided, however, that in the case of (i) the first date on which Lessee occupies or conducts business at the Premises or (ii) the date on which a Certificate of Occupancy is issued affecting the Building and the Seaport Boulevard improvements, the baseball and soccer fields and the amenities/athletic facility have been substantially completed (the “Commencement Date”) provided that, (A) for each day of delay by Lessee in failing to approve the interior schematic drawings or the Working Drawings when required under Section 2.04(d), or (B) for each day of delay by Lessee in failing to approve the Budget, in writing, within fourteen (14) days after delivery by the General Contractor as provided in Section 2.04(d), or (C) for each day of delay caused by any changes to the approved Working Drawings requested by Lessee, or (D) for each day that any other act or omission by Lessee causes the construction schedule for Tenant Improvements to be delayed provided that Lessor gives Lessee written notice of such Lessee Delay within five (5) business days after its occurrence (collectively “Lessee Delay”)above, the Commencement Date shall not occur one prior to the thirtieth (130th) day in advance after delivery of the date of the Certificate of Occupancy for each such day of delay. For exampleCommencement Notice, if seven nor earlier than January 1, 1999, (7b) days of Lessee Delay causes the date of issuance of Tenant, or anyone claiming under or through Tenant, first occupies the Certificate of Occupancy to occur on April 8Demised Premises or any part thereof and is open for business, 2001 rather than April 1, 2001provided that in such event, the Commencement Date shall be April deemed to have occurred only for the floors of the Demised Premises actually so occupied and provided further that if Tenant shall occupy any part of the Demised Premises and shall be open for business prior to January 1, 2001 1989, the Commencement Date shall not be deemed to have occurred until January 1, 1989, provided that Tenant shall occupy the Demised Premises on all of the terms and conditions of this Lease and Tenant shall pay as rent hereunder an amount equal to the product of fifty cents (50cts) and the Floor Space per month as well as all Additional changes incurred pursuant to the provisions hereof for all purposes, including payment of Base Rent and Additional Rent. The Lease Term shall expire, unless sooner terminated every month or extended as provided herein, portion thereof commencing on the date Tenant shall so occupy the Demised Premises or any portion thereof and be open for business and terminating on the day prior to the Commencement Date, or (c) the date upon which completes twelve years after the Commencement Date occurs or is deemed to would have occurredoccurred under (a) above, e.g. if the date on which the Certificate of Occupancy is issued or deemed to be issued but for the Building is April 1, 2001, the Lease Term shall expire on March 31, 2013 and if that date is April 3, 2001, the Lease Term shall expire on April 2, 2013 (“Expiration Date”). The parties shall execute a “Memorandum of Commencement of Lease Term” when the Commencement Date becomes known, which shall include a certification of the actual Rentable Area of the Building determined delays caused by the methodology described in Section 2.01. and the actual monthly installments of Base Rent to be paid pursuant to Section 4.01Tenant., and shall be substantially in the form attached hereto as Exhibit “E.”

Commencement Date. The term of this Lease (“Lease Term”) shall be for twelve (12) years beginning on the earlier of (i1) twenty (20) business days after ----------------- Landlord has delivered to Tenant written notice of substantial completion of Landlord's Work (as specified in Exhibit B), including passage of final inspection by the first date on which Lessee occupies or conducts business at the Premises City of Escondido, issuance of a certificate of occupancy and electric meter activation or (ii2) the date on which a Certificate of Occupancy Tenant opens for business, but in no event earlier than March 1, 2002. Landlord and Tenant acknowledge that it is issued affecting their intent that Tenant shall begin its Tenant Improvements at the Building and earliest possible time in conjunction with the Seaport Boulevard improvements, the baseball and soccer fields and the amenities/athletic facility have been substantially completed Project Schedule (the “Commencement Date”) provided that, (A) for each day of delay by Lessee in failing to approve the interior schematic drawings or the Working Drawings when required under Section 2.04(dattached hereto as Exhibit G), or (B) for each day of delay by Lessee but in failing no event later than November 15, 2001. In the event Tenant is granted access to approve the Budget, in writing, within fourteen (14) days after delivery by the General Contractor as provided in Section 2.04(d), or (C) for each day of delay caused by any changes to the approved Working Drawings requested by Lessee, or (D) for each day that any other act or omission by Lessee causes the construction schedule for make its Tenant Improvements to be delayed provided that Lessor gives Lessee written notice of such Lessee Delay within five (5) business days after its occurrence (collectively “Lessee Delay”), the Commencement Date shall occur one (1) day in advance of the date of the Certificate of Occupancy for each such day of delay. For example, if seven (7) days of Lessee Delay causes the date of issuance of the Certificate of Occupancy to occur on April 8, 2001 rather later than April 1November 15, 2001, the Commencement Date shall be April adjusted accordingly. In the event that Landlord does not complete Landlord's Work (as specified in Exhibit B) on or before May 1, 2001 2002, except as may be extended by an Unavoidable Delay or as a result of any act or omission of Tenant, then for all purposeseach day until Landlord delivers to Tenant written notice of substantial completion of Landlord's Work, including payment of Base Rent Tenant shall receive $1,000.00 a day credit toward its first month's rent obligation (and Additional Rent. The Lease Term shall expireany immediately successive months in the event the credit exceeds the first month's rent), unless sooner terminated or extended as provided herein, on the date which completes twelve years after following the Commencement Date occurs or is deemed Date. If Landlord has not delivered notice of substantial completion of Landlord's work by March 1, 2002, Tenant may cancel the Lease by written notice to have occurredLandlord given before delivery to Tenant of written notice of substantial completion. Further, e.g. if in the date on which event Landlord does not deliver written notice to Tenant of issuance of building permits, and approval of the Certificate Drive-through facility and zoning for Tenant's intended banking uses by the City of Occupancy is issued or deemed to be issued Escondido, for the Building is April Project on or before September 1, 2001, Tenant may cancel the Lease Term shall expire by written notice given to Landlord on March 31, 2013 and if that date is April 3or before October 1, 2001, the Lease Term shall expire on April 2, 2013 (“Expiration Date”). The parties shall execute a “Memorandum of Commencement of Lease Term” when the Commencement Date becomes known, which shall include a certification of the actual Rentable Area of the Building determined by the methodology described in Section 2.01. and the actual monthly installments of Base Rent to be paid pursuant to Section 4.01., and shall be substantially in the form attached hereto as Exhibit “E.”

Commencement Date. The term of this Lease (“Lease Term”) shall be for twelve eleven (1211) years beginning on the earlier of (i) the date a Certificate of Occupancy (which means for purposes of this Lease, either a Certificate of Occupancy or its equivalent which allows legal occupancy and including, without limitation, a Notice of Substantial Completion) first date on which Lessee occupies or conducts business at is issued affecting the Premises Building, or (ii) the date on which a Certificate of Occupancy is issued affecting Lessee first occupies or conducts business at the Building Premises and the Seaport Boulevard improvements, the baseball and soccer fields and the amenities/athletic facility have been substantially completed (the “Commencement Date”) provided that, (Ai) for each day of delay by Lessee in failing to approve the interior schematic drawings or the Working Drawings when required under Section 2.04(d), or (Bii) for each day of delay by Lessee in failing to approve the Budget, in writing, within fourteen (14) days after delivery by the General Contractor as provided in Section 2.04(d), or (Ciii) for each day of delay caused by any changes to the approved Working Drawings requested by Lessee, or (Div) for each day that any other act or omission by Lessee causes the construction schedule for Tenant Improvements to be delayed provided that Lessor gives Lessee written notice of such Lessee Delay within five (5) business days after its occurrence (collectively “Lessee Delay”), the Commencement Date shall occur one (1) day in advance of the date of the Certificate of Occupancy for each such day of delay. For example, if seven (7) days of Lessee Delay causes the date of issuance of the Certificate of Occupancy to occur on April August 8, 2001 rather than April August 1, 2001, the Commencement Date shall be April August 1, 2001 for all purposes, including payment of Base Rent and Additional Rent. The Lease Term shall expire, unless sooner terminated or extended as provided herein, on the date which completes twelve eleven (11) years after the Commencement Date occurs or is deemed to have occurred, e.g. if the date on which the Certificate of Occupancy is issued or deemed to be issued for the Building is April August 1, 2001, the Lease Term shall expire on March July 31, 2013 2012 and if that date is April August 3, 2001, the Lease Term shall expire on April August 2, 2013 2012 (“Expiration Date”). The parties shall execute a “Memorandum of Commencement of Lease Term” when the Commencement Date becomes known, which shall include a certification by Lessor’s architect of the actual Rentable Area of the Building determined by the methodology described in Section 2.01. and the actual monthly installments of Base Rent to be paid pursuant to Section 4.01., and shall be substantially in the form attached hereto as Exhibit “E.”

Commencement Date. The term "TARGET COMMENCEMENT DATE" is June 1, 2000. The "COMMENCEMENT DATE" of this Lease (“Lease Term”) shall will be for twelve (12) years beginning the date on the earlier of which: (i) the first date on which Lessee occupies or conducts business at Landlord certifies to Tenant that the Premises or 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 failure of Tenant to timely deliver construction drawings to Landlord for the Tenant Improvements, then the Commencement Date will be deemed to occur on the Target Commencement Date. The Term will commence on the Commencement Date. The "RENT COMMENCEMENT DATE" will be the date on which a Certificate of Occupancy is issued affecting the Building and the Seaport Boulevard improvements, the baseball and soccer fields and the amenities/athletic facility have been substantially completed thirty (the “Commencement Date”) provided that, (A) for each day of delay by Lessee in failing to approve the interior schematic drawings or the Working Drawings when required under Section 2.04(d), or (B) for each day of delay by Lessee in failing to approve the Budget, in writing, within fourteen (1430) days after delivery by the General Contractor as provided in Section 2.04(d)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, or (C) for each day of delay caused by any changes to the approved Working Drawings requested by Lessee, or (D) for each day that any other act or omission by Lessee causes the construction schedule for Tenant Improvements to be delayed provided that Lessor gives Lessee written notice of such Lessee Delay within five (5) business days after its occurrence (collectively “Lessee Delay”), will execute a memorandum confirming the Commencement Date shall occur one (1) day in advance the form of the date of the Certificate of Occupancy for each such day of delayattached EXHIBIT "B". For example, if seven (7) days of Lessee Delay causes the date of issuance of the Certificate of Occupancy to occur on April 8, 2001 rather than April 1, 2001, 24 If the Commencement Date shall be April has not occurred by June 1, 2001 for all purposes2000, including payment 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 Lease Term shall expireLandlord will pay the actual amount paid by Tenant to its current landlord, unless sooner terminated 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 extended as provided herein, on the date which completes twelve years after consequential by reason of this Lease. If the Commencement Date occurs or is deemed to have occurred, e.g. if the date on which the Certificate of Occupancy is issued or deemed to be issued for the Building is April has not occurred by September 1, 20012000, the Lease Term shall expire on March 31, 2013 and if as that date is April 3extended for Excused Delay, 2001then 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 Lease Term shall expire on April 2, 2013 (“Expiration Date”). The parties shall execute a “Memorandum of Commencement of Lease Term” when extent the delay in achieving the Commencement Date becomes knownis due to a Tenant Delay. If the Commencement Date has not occurred by October 1, which 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 include not have a certification 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 actual Rentable Area of casualty Landlord, in Landlord's reasonable judgement, will not be able to cause the Building determined Premises to be substantially completed and the Commencement Date to occur on or before the Completion Deadline, then Landlord shall so notice Tenant and either Landlord or Tenant shall have the right to terminate this Lease by giving written notice to the other within 10 days following Landlord's notice; if neither party so elects to so terminate this Lease, then Landlord will proceed with the construction and the Completion Deadline shall be extended by the methodology described in Section 2.01. and delay resulting from the actual monthly installments of Base Rent to be paid pursuant to Section 4.01casualty., and shall be substantially in the form attached hereto as Exhibit “E.”

Commencement Date. The term of this Lease (the “Lease Term”) shall be for twelve commence (12i) years beginning with respect to the 2007 Space, on the earlier to occur of (ia) the first date on which Lessee occupies or conducts business at is four (4) months after the Premises Delivery Date or (iib) the date on which a Certificate Tenant takes possession of Occupancy is issued affecting or occupies any portion of the Building and 2007 Space for the Seaport Boulevard improvements, the baseball and soccer fields and the amenities/athletic facility have been substantially completed conduct of its business (the “2007 Space Commencement Date”), and (ii) provided thatwith respect to the 2008 Space, on the earlier to occur of (Aa) for each day of delay by Lessee in failing to approve the interior schematic drawings August 1, 2008 or the Working Drawings when required under Section 2.04(d)date which is four (4) months after the Delivery Date, whichever comes later, or (Bb) for each day of delay by Lessee in failing to approve the Budget, in writing, within fourteen (14) days after delivery by the General Contractor as provided in Section 2.04(d), or (C) for each day of delay caused by any changes to the approved Working Drawings requested by Lessee, or (D) for each day that any other act or omission by Lessee causes the construction schedule for Tenant Improvements to be delayed provided that Lessor gives Lessee written notice of such Lessee Delay within five (5) business days after its occurrence (collectively “Lessee Delay”), the Commencement Date shall occur one (1) day in advance of the date of the Certificate of Occupancy for each such day of delay. For example, if seven (7) days of Lessee Delay causes the date of issuance of the Certificate of Occupancy to occur on April 8, 2001 rather than April 1, 2001, the Commencement Date shall be April 1, 2001 for all purposes, including payment of Base Rent and Additional Rent. The Lease Term shall expire, unless sooner terminated or extended as provided herein, on the date which completes twelve years after the Commencement Date occurs or is deemed to have occurred, e.g. if the date on which Tenant takes possession of or occupies any portion of the Certificate of Occupancy is issued or deemed to be issued 2008 Space for the Building is April 1, 2001, conduct of its business (the Lease Term shall expire on March 31, 2013 and if that date is April 3, 2001, the Lease Term shall expire on April 2, 2013 (“Expiration 2008 Space Commencement Date”), subject to Section 3.2 below, and shall end on the Termination Date, unless sooner permissibly terminated pursuant to the terms of this Lease. The parties Promptly following each of the 2007 Space Commencement Date and the 2008 Space Commencement Date, Landlord and Tenant shall execute confirm the 2007 Space Commencement Date and the 2008 Space Commencement Date and the Termination Date by executing and delivering a “Memorandum of Commencement of Lease Term” when the Commencement Date becomes known, which shall include a certification of the actual Rentable Area of the Building determined by the methodology described in Section 2.01. and the actual monthly installments of Base Rent to be paid pursuant to Section 4.01., and shall be substantially in the form attached hereto as Exhibit “E.D”. If Tenant fails to execute and deliver such Memorandum of Commencement Date to Landlord within ten (10) days after Landlord’s request, which failure continues for at least ten (10) days after a second written request from Landlord after the lapse of the first 10 day period, then the 2007 Space Commencement Date (or the 2008 Space Commencement Date, as applicable) and Termination Date shall be the dates designated by Landlord.

Commencement Date. The term Commencement Date listed in Section l(g) of this Lease represents an estimate of the Commencement Date. This Lease shall commence on the estimated Commencement Date if the Premises Improvements are substantially completed by fourteen (“Lease Term”14) days prior to such date, but otherwise the Commencement Date shall be for twelve (12) years beginning on first to occur of the earlier of following events (i) fourteen (14) days after the first date on which Lessee occupies or conducts business at Landlord notifies Tenant that the Premises or Improvements are substantially completed in accordance with Exhibit D, (ii) the date on which a Certificate Tenant commences beneficial occupancy of Occupancy is issued affecting any portion of the Building and the Seaport Boulevard improvements, the baseball and soccer fields and the amenities/athletic facility have been substantially completed (the “Commencement Date”) provided that, (A) Premises other than for each day of delay by Lessee move in failing to approve the interior schematic drawings or the Working Drawings when required under Section 2.04(d)purposes, or (Biii) for each day if substantial completion of delay the Premises Improvements is delayed due to Tenant's failure to perform its obligations under this Lease, then the date determined by Lessee in failing to approve the Budget, in writing, within Landlord as fourteen (14) days after delivery the date upon which the Premises Improvements would have been substantially completed, but for Tenant's failure to perform. If this Commencement Date is later than the Section 1 Commencement Date, this Lease shall not be void or voidable, 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 first floor (the "Manufacturing Space") has not occurred by the General Contractor as provided in Section 2.04(d)December 31, 1994 for any reason other than force majeure or (C) for each day of delay caused by any changes to the approved Working Drawings requested by LesseeTenant, or (D) for each day that any other act or omission if the Premises Improvements are not all substantially complete by Lessee causes the construction schedule for Tenant Improvements to be delayed provided that Lessor gives Lessee written notice seven month anniversary of such Lessee Delay within five (5) business days after its occurrence (collectively “Lessee Delay”), the Commencement Date for any reason other than force majeure or delay caused by Tenant (which Tenant caused delay shall occur one include delay caused by Tenant's failure to timely respond to plan proposals), then Tenant shall be entitled to cancel this Lease on thirty (1) day in advance of the date of the Certificate of Occupancy for each such day of delay. For example, if seven 30)days written notice to Landlord given within ten (710) days of Lessee Delay causes after Xxxxxxxx's failure to meet an applicable deadline, and neither party shall have any further obligation to the date of issuance of the Certificate of Occupancy to occur on April 8, 2001 rather than April 1, 2001, other. Landlord shall confirm the Commencement Date by written notice to Tenant. This Lease shall be April 1, 2001 for all purposes, including payment of Base Rent and Additional Rent. The a term ("Lease Term shall expire, unless sooner terminated or extended as provided herein, Term") beginning on the date which completes twelve years after the Commencement Date occurs or is deemed to have occurred, e.g. if and ending on the date on which the Certificate of Occupancy is issued or deemed to be issued for the Building is April 1, 2001, the Lease Term shall expire on March 31, 2013 and if that date is April 3, 2001, the Lease Term shall expire on April 2, 2013 (“Expiration Date”). The parties shall execute a “Memorandum , unless extended or sooner terminated in accordance with the terms of Commencement of Lease Term” when the Commencement Date becomes known, which shall include a certification of the actual Rentable Area of the Building determined by the methodology described in Section 2.01. and the actual monthly installments of Base Rent to be paid pursuant to Section 4.01this Lease., and shall be substantially in the form attached hereto as Exhibit “E.”

Commencement Date. The term of this Lease (“Lease Term”) Initial Term shall be for twelve (12) years beginning commence on the ----------------- earlier of the following two dates to occur ("Commencement Date"): (i) the first date on which Lessee occupies or conducts business at the Premises November 1, 1994; or (ii) one (1) month after the date of substantial completion of the Tenant Improvements and issuance of a certificate of occupancy as to the Premises (during which one month period Tenant may occupy the Premises for the conducting of its business upon otherwise complying with the insurance requirements of this Lease without incurring any obligation to pay Basic Rent or additional rent other than any utilities consumed by Tenant during such period). For purposes of this Lease, the Tenant Improvements (or any other construction work hereunder) shall be deemed to have been substantially completed as of the date on which Tenant's architect or engineer issues a Certificate of Occupancy is issued affecting certificate to Landlord and Tenant stating that the Building and Tenant Improvements (or such other construction work) have been completed in accordance with the Seaport Boulevard improvementsFinal Tenant Plans (or such other applicable plans) or, if applicable, the baseball and soccer fields and date the amenities/athletic facility Tenant Improvements (or such other construction work) would have been substantially completed complete but for Tenant Delay. The outside calendar date provided for the Commencement Date of the Initial Term (or for the “Commencement Date”commencement of rental obligations with respect to any additional space pursuant to paragraphs 1(c) provided that, (Aor 1(d) for each day of delay by Lessee in failing to approve the interior schematic drawings or the Working Drawings when required under Section 2.04(dhereof), or (B) shall be extended for each day any delays in the construction of delay by Lessee in failing to approve the Budget, in writing, within fourteen (14) days after delivery by the General Contractor as provided in Section 2.04(d), or (C) for each day of delay applicable tenant's alterations and improvements caused by any changes to the approved Working Drawings requested by Lessee, or Landlord Delay (D) for each day that any other act or omission by Lessee causes the construction schedule for Tenant Improvements to be delayed provided that Lessor gives Lessee written notice of such Lessee Delay within five (5) business days after its occurrence (collectively “Lessee Delay”as defined in paragraph 46(c), the Commencement Date shall occur one (1) day in advance of the date of the Certificate of Occupancy for each such day of delay. For example, if seven (7) days of Lessee Delay causes the date of issuance of the Certificate of Occupancy to occur on April 8, 2001 rather than April 1, 2001, the Commencement Date shall be April 1, 2001 for all purposes, including payment of Base Rent and Additional Rent. The Lease Term shall expire, unless sooner terminated or extended as provided herein, on the date which completes twelve years after the Commencement Date occurs or is deemed to have occurred, e.g. if the date on which the Certificate of Occupancy is issued or deemed to be issued for the Building is April 1, 2001, the Lease Term shall expire on March 31, 2013 and if that date is April 3, 2001, the Lease Term shall expire on April 2, 2013 (“Expiration Date”). The parties shall execute a “Memorandum of Commencement of Lease Term” when the Commencement Date becomes known, which shall include a certification Upon determination of the actual Rentable Area of Commencement Date, the Building determined by the methodology described in Section 2.01. and the actual monthly installments of Base Rent to be paid pursuant to Section 4.01., and parties shall be substantially sign a commencement date memorandum in the form attached hereto as Exhibit “E.”B, which shall become a part of --------- this Lease. However, Tenant's failure to execute the commencement date memorandum shall not affect the actual Commencement Date or expiration date of this Lease. If the Commencement Date occurs on the first day of a calendar month, then the Initial Term shall be five (5) years. If the Commencement Date occurs on any day other than the first day of a calendar month, then the Initial Term shall be the period from the Commencement Date to the first day of the first full calendar month thereafter, plus the following sixty (60) full calendar months.

Commencement Date. The term of this Lease (“Lease Term”) Commencement Date shall be for twelve (12) years beginning on the earlier of (i) the first date on which Lessee occupies or conducts business at the Premises or (ii) the date on which a Certificate of Occupancy is issued affecting Landlord delivers the Building Premises to Tenant with Landlord’s Work and Tenant’s Work Substantially Complete, as such terms are hereinafter defined. Landlord shall use diligent efforts to cause the Seaport Boulevard improvements, the baseball and soccer fields and the amenities/athletic facility have been substantially completed (the “Commencement Date”) provided that, (A) for each day of delay by Lessee in failing Date to approve the interior schematic drawings or the Working Drawings when required under Section 2.04(d), or (B) for each day of delay by Lessee in failing to approve the Budget, in writing, within fourteen (14) days after delivery by the General Contractor as provided in Section 2.04(d), or (C) for each day of delay caused by any changes occur prior to the approved Working Drawings requested by LesseeDelivery Date; provided, or (D) for each day however, that any other act or omission by Lessee causes the construction schedule for Tenant Improvements to be delayed provided that Lessor gives Lessee written notice of such Lessee Delay within five (5) business days after its occurrence (collectively “Lessee Delay”), the Commencement Date shall occur be no earlier than July 1, 2023. If the Commencement Date has not occurred by the Delivery Date for reasons other than Force Majeure or Tenant Delay (as such terms are hereinafter defined), then for each of the first thirty (30) days of any such failure Tenant shall be entitled to a one (1) day delay in advance the Rent Commencement Date and for each subsequent day of any such failure Tenant shall be entitled to a two (2) day delay of the Rent Commencement Date; and if Landlord shall fail to deliver the Premises to Tenant by February 28, 2024 (i.e., 180 days after the Delivery Date) for reasons other than Force Majeure or Tenant Delay then, in addition to the delays in the Rent Commencement Date described above, Tenant shall have the right to terminate this Lease by giving notice to Landlord not later than sixty (60) days after the expiration of such one hundred eighty (180) day period; and this Lease shall cease and come to an end without further liability or obligation on the part of either party ten (10) days after the giving of such notice, it being agreed that time is of the essence with respect to the giving of such notice. In addition, if Landlord shall fail to deliver the Premises to Tenant by the Delivery Date with Landlord’s Work and Tenant’s Work Substantially Complete (“Landlord’s Late Delivery”) for reasons other than Force Majeure or Tenant Delay, Landlord shall (a) reimburse Tenant for all amounts paid by Tenant as holdover rent over and above the sum of base or fixed rent plus additional rent that was due immediately prior to any such holdover over (“Hold Over Rent”) under Txxxxx’s existing lease (the “Existing Lease”) at 800 Xxxxxxxx Xxxxx, Xxxxxxxxx, Xxxxxxxxxxxxx; such payments shall be made to Tenant within thirty (30) days following request for reimbursement therefore, given together with reasonable supporting documentation, and (b) Landlord shall indemnify, defend, protect, and hold harmless Tenant and the Tenant Parties from and against any and all loss, cost, damage, expense and liability (including, without limitation, court costs and reasonable attorneys’ fees) incurred in connection with or arising from such holdover under the Existing Lease and save and hold other tenants, agents, employees, patients, visitors, invitees or licensees harmless against any damages, liability, claims, causes of action or judgments arising therefrom; provided, however, that Lxxxxxxx’s reimbursement obligations under this clause (b) shall not exceed $1,800,000.00. Landlord hereby acknowledges that the Hold Over Rent due under the Existing Lease is due on a monthly basis and, accordingly, if there is a Landlord’s Late Delivery of the Premises the Hold Over Rent will not be prorated for a partial month, but shall be due for one or more months in their entirety. Upon receipt of notice from Landlord notifying Tenant of Landlord’s Late Delivery, Tenant shall use reasonable efforts, at Landlord’s sole cost and expense, to mitigate its damages under its Existing Lease including, without limitation, using commercially reasonable efforts to extend the term of the Existing Lease in order to avoid being liable for Hold Over Rent and/or requesting that the Hold Over Rent due under the Existing Lease be prorated on a daily basis, and Landlord shall pay (i) the out-of-pocket cost of such efforts made by Tenant and (ii) all payments, rent and additional rent for and during such extension term of the Existing Lease as set forth in this Section 3.1. Tenant hereby represents that current termination date of the Certificate of Occupancy for each such day of delay. For exampleExisting Lease is December 31, if seven (7) days of Lessee Delay causes the date of issuance of the Certificate of Occupancy to occur on April 8, 2001 rather than April 1, 2001, the Commencement Date shall be April 1, 2001 for all purposes, including payment of Base Rent and Additional Rent. The Lease Term shall expire2023 and, unless sooner terminated or extended as provided herein, on the date which completes twelve years after the Commencement Date occurs on or is deemed to have occurred, e.g. if the date on which the Certificate of Occupancy is issued or deemed to be issued for the Building is April 1, 2001, the Lease Term shall expire on March before December 31, 2013 and if that date is April 32023, 2001, the Lease Term Tenant shall expire on April 2, 2013 (“Expiration Date”). The parties shall execute a “Memorandum of Commencement of Lease Term” when the Commencement Date becomes known, which shall include a certification not agree to an earlier expiration or termination of the actual Rentable Area term of the Building determined by Existing Lease. Tenant’s right to a postponement of the methodology described in Section 2.01. Rent Commencement Date, reimbursement of its holdover penalties and the actual monthly installments of Base Rent to be paid Tenant’s termination right pursuant to this Section 4.01., and 3.1 shall be substantially Tenant’s sole and exclusive remedy at law or in equity for Landlord’s failure to Substantially Complete Landlord’s Work and Tenant’s Work and deliver the form attached hereto Premises to Tenant as Exhibit “E.”required herein.

Commencement Date. The term (a) Subject to the satisfaction of the conditions set forth in Sections 2.1 and 2.2, the “Commencement Date” shall be a Business Day specified by Xxxx in a written notice to the Company given at least one (1) Business Day prior to such Commencement Date, which shall occur on or after the Effective Date and on or prior to February 28, 2012 or such later date as the Parties shall agree (the “Latest Commencement Date”). (b) If the Commencement Date has not occurred on or before the Latest Commencement Date, this Agreement shall terminate on the first Business Day following the Latest Commencement Date. In such case, all obligations of the Parties hereunder shall terminate, except for the obligations set forth in Article 2, Article 20, Article 21 and Article 23 and any obligation under the last sentence of this Lease (“Lease Term”) Section 2.3(b); provided, however, that nothing herein shall be relieve any Party from liability for twelve (12) years beginning the breach of any of its representations, warranties, covenants or agreements set forth in this Agreement. Without limiting the foregoing, if the failure of the Commencement Date to occur on or before the earlier of Latest Commencement Date is due to (i) any breach by the first date on which Lessee occupies or conducts business at the Premises Company of its obligations hereunder, including its obligations under clause (c) below or (ii) the date failure of any of the conditions contained in Section 2.1 to be satisfied on which or before the Latest Commencement Date for any reason whatsoever, then the Company shall be obligated to reimburse Xxxx for any loss, costs and damages incurred or realized by Xxxx as a Certificate result of Occupancy is issued affecting its maintaining, terminating or obtaining any Related Xxxxxx. (c) From and after the Building and the Seaport Boulevard improvementsEffective Date, the baseball Company shall use commercially reasonable efforts to cause each of the conditions referred to in Section 2.1 to be satisfied on or prior to the Latest Commencement Date and soccer fields and Xxxx shall use commercially reasonable efforts to cause each of the amenities/athletic facility have been substantially completed (conditions referred to in Section 2.2 to be satisfied on or prior to the “Latest Commencement Date”. (d) provided that, [Reserved.] (Ae) for each day of delay by Lessee The Company covenants and agrees to take (or cause its Affiliates to take) all actions necessary to cause any Crude Oil Linefill or Product Linefill included in failing to approve the interior schematic drawings or the Working Drawings when required under Section 2.04(d), or (B) for each day of delay by Lessee in failing to approve the Budget, in writing, within fourteen (14) days after delivery by the General Contractor as provided in Section 2.04(d), or (C) for each day of delay caused by any changes to the approved Working Drawings requested by Lessee, or (D) for each day that any other act or omission by Lessee causes the construction schedule for Tenant Improvements to be delayed provided that Lessor gives Lessee written notice of such Lessee Delay within five (5) business days after its occurrence (collectively “Lessee Delay”), the Commencement Date shall occur one (1) day in advance Volumes to be transferred to Xxxx on and effective as of the date of the Certificate of Occupancy for each such day of delayCommencement Date. For example, if seven (7) days of Lessee Delay causes the date of issuance of the Certificate of Occupancy to occur on April 8, 2001 rather than April 1, 2001, the Commencement Date shall be April 1, 2001 for all purposes, including payment of Base Rent and Additional Rent. The Lease Term shall expire, unless sooner terminated or extended as provided herein, on the date which completes twelve years after the Commencement Date occurs or is deemed to have occurred, e.g. if the date on which the Certificate of Occupancy is issued or deemed to be issued for the Building is April 1, 2001, the Lease Term shall expire on March 31, 2013 and if that date is April 3, 2001, the Lease Term shall expire on April 2, 2013 (“Expiration Date”). The parties shall execute a “Memorandum of Commencement of Lease Term” when the Commencement Date becomes known, which shall include a certification of the actual Rentable Area of the Building determined by the methodology described in Section 2.01. and the actual monthly installments of Base Rent to be paid pursuant to Section 4.01., and shall be substantially in the form attached hereto as Exhibit “E.”2.4

Commencement Date. The Scheduled Commencement Date shall be an estimate of the actual commencement Date, and the term of this Lease (“Lease Term”) shall begin on the first to occur of the following, which shall be for twelve (12) years beginning on the earlier of "Commencement Date": (i) the first date on which Lessee occupies or conducts business at Landlord offers to deliver possession of the Premises to Tenant following substantial completion of al improvements to be constructed by Landlord pursuant to 2.3 except for punchlist items which do not prevent Tenant from using the Premises for the Permitted Use and such work as Landlord is required to perform but cannot complete until Tenant performs necessary portions of construction work it has elected or is required to do; or (ii) the date on which a Certificate Tenant enters into occupancy of Occupancy is issued affecting the Building and Premises. Notwithstanding the Seaport Boulevard improvementsforegoing, if the baseball and soccer fields and date described in the amenities/athletic facility have been substantially completed foregoing item (i) (the “Commencement "Delivery Date”") provided thatis delayed as a result of any Tenant Delay, (A) for each day of delay by Lessee in failing to approve defined below, then the interior schematic drawings or the Working Drawings when required under Section 2.04(d), or (B) for each day of delay by Lessee in failing to approve the Budget, in writing, within fourteen (14) days after delivery by the General Contractor as provided in Section 2.04(d), or (C) for each day of delay caused by any changes to the approved Working Drawings requested by Lessee, or (D) for each day that any other act or omission by Lessee causes the construction schedule for Tenant Improvements to be delayed provided that Lessor gives Lessee written notice of such Lessee Delay within five (5) business days after its occurrence (collectively “Lessee Delay”), the Commencement Date shall occur one (1) day in advance of the date of the Certificate of Occupancy for each such day of delay. For example, if seven (7) days of Lessee Delay causes the date of issuance of the Certificate of Occupancy to occur on April 8, 2001 rather than April 1, 2001, the Commencement Delivery Date shall be April 1, 2001 for all purposes, including payment of Base Rent and Additional Rent. The Lease Term shall expire, unless sooner terminated or extended as provided herein, on the date which completes twelve years after the Commencement Date occurs or is deemed to have occurred, e.g. if be the date on which the Certificate Delivery Date would have occurred but for such Tenant Delay, as reasonably determined by Landlord. The term "Tenant Delay" shall mean any delay in the completion of Occupancy is issued construction fo improvements by Landlord pursuant to 2.3 caused by any action or deemed omission of Tenant, or Tenant's employees, agents, contractors, including without limitation, the following: (i) Tenant's failure to be issued furnish information to Landlord for the Building is April 1preparation of plans and drawings for such construction; (ii) Tenant's request for special materials, 2001finishes or installations which are not readily available, (iii) Tenant's failure to reasonably approve plans and working drawings in accordance with the Lease Term shall expire on March 31, 2013 terms of Exhibit B and if that date is April 3, 2001, the Lease Term shall expire on April 2, 2013 Exhibit C; (“Expiration Date”). The parties shall execute a “Memorandum of Commencement of Lease Term” when the Commencement Date becomes known, which shall include a certification of the actual Rentable Area of the Building determined by the methodology described in Section 2.01. and the actual monthly installments of Base Rent to be paid iv) Tenant's change requests pursuant to Section 4.01Exhibit B and Exhibit C; and (v) interference with Landlord's work caused by Tenant or Tenant's employees, agents or contractors., and shall be substantially in the form attached hereto as Exhibit “E.”

Commencement Date. The term Commencement Date shall be the date provided in Item 5 of the Basic Lease Provisions. If this Lease (“Lease Term”) shall be for twelve (12) years beginning on the earlier of (i) the first date on which Lessee occupies or conducts business at is executed before the Premises become vacant or (ii) otherwise available or if any present tenant or occupant of the date on which a Certificate Premises holds over, and Landlord cannot acquire possession of Occupancy is issued affecting the Building and Premises in time to deliver them by the Seaport Boulevard improvements, the baseball and soccer fields and the amenities/athletic facility have been substantially completed (the “Commencement Date”) , this Lease shall not be void or voidable, and Landlord shall not 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, that in the event that the actual date of commencement is more than sixty (A) for each day of delay by Lessee in failing to approve the interior schematic drawings or the Working Drawings when required under Section 2.04(d), or (B) for each day of delay by Lessee in failing to approve the Budget, in writing, within fourteen (1460) days after delivery by the General Contractor as date provided in Section 2.04(dItem 5 of the Basic Lease Provisions (subject to force majeure delays and any delays caused by Tenant, its agents, employees or contractors), or (C) for each day of delay caused by any changes Tenant shall be entitled, as its sole and exclusive remedy, to the approved Working Drawings requested by Lessee, or (D) a rent credit equal to one day's Base Rent for each day that any other act or omission by Lessee causes the construction schedule for Tenant Improvements to be delayed provided that Lessor gives Lessee written notice of such Lessee Delay within five (5) business days after its occurrence (collectively “Lessee Delay”), the Commencement Date shall occur is delayed beyond such sixty (60) day period. In the event that the actual date of commencement is more than one (1) day 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 advance any event prior to the date that Landlord delivers possession of the date Premises with Landlord's Work substantially complete). Except as set forth herein, Tenant agrees to accept possession of the Certificate Premises at such time as Landlord is able to tender the same, which date shall thenceforth be deemed the Commencement Date. After the Commencement Date, Tenant shall, upon demand, execute and deliver to Landlord a letter of Occupancy for each such day acceptance of delay. For example, if seven (7) days of Lessee Delay causes the date of issuance delivery of the Certificate of Occupancy to occur on April 8, 2001 rather than April 1, 2001, Premises specifying the Commencement Date shall be April 1, 2001 for all purposes, including payment of Base Rent and Additional RentDate. The Lease Term shall expire, unless sooner terminated or extended as provided herein, on the date which completes twelve years after the Commencement Date occurs or is deemed to have occurred, e.g. if the date on which the Certificate of Occupancy is issued or deemed to be issued for the Building is April 1, 2001, the Lease Term shall expire on March 31, 2013 and if that date is April 3, 2001, the Lease Term shall expire on April 2, 2013 (“Expiration Date”). The parties shall execute a “Memorandum of Commencement of Lease Term” when the Commencement Date becomes known, which shall include a certification of the actual Rentable Area of the Building determined by the methodology described in Section 2.01. and the actual monthly installments of Base Rent to be paid pursuant to Section 4.011.4., and shall be substantially in the form attached hereto as Exhibit “E.”

Commencement Date. The term of this Lease (“Lease Term”) shall be for twelve six (126) years beginning and three (3) months (the "Term") and shall commence (the "Commencement Date") on the earlier later of (i) the first date on which Lessee occupies or conducts business at the Premises eight (8) weeks from full execution of this Lease or (ii) the date on which a Certificate of Occupancy is issued affecting Landlord shall have substantially completed the Building and tenant improvements as provided in Exhibit B attached hereto (that is, has completed the Seaport Boulevard tenant improvements, except for normal "punch list" items) in a good and workmanlike manner, in compliance with all laws, and has delivered the baseball Premises to Tenant in broom, clean condition, free of all tenants, occupants and soccer fields their property, and shall have obtained reasonably satisfactory evidence confirming the amenities/athletic facility substantial completion of construction in accordance with the plans which include the tenant improvements as provided in Exhibit B ("Landlord's Work"). In the event the Premises are not completed on or before June 30, 2005, Tenant shall have been substantially the right to terminate its obligations under this Lease; provided, however, that (i) such date shall be extended for a period equal to the duration of any delays in construction caused by strikes, shortages or materials, acts of God or other matters not reasonably within the control of Landlord, and any delays in completing the Premises as a result of change orders or other delays caused by Tenant. Landlord shall be deemed to have satisfactorily completed (the “Commencement Date”) provided thatconstruction of by Tenant. Landlord shall be deemed to have satisfactorily completed the construction of the tenant improvements, (A) and Tenant shall be deemed to have waived all rights and remedies with respect to deficiencies in such construction, except for each day deficiencies of delay by Lessee in failing to approve the interior schematic drawings or the Working Drawings when required under Section 2.04(d), or (B) for each day of delay by Lessee in failing to approve the Budgetwhich Tenant has informed Landlord, in writing, within fourteen not later than ninety (1490) days after delivery by the General Contractor as provided in Section 2.04(d), or (C) for each day of delay caused by any changes to the approved Working Drawings requested by Lessee, or (D) for each day that any other act or omission by Lessee causes the construction schedule for Tenant Improvements to be delayed provided that Lessor gives Lessee written notice of such Lessee Delay within five (5) business days after its occurrence (collectively “Lessee Delay”), following the Commencement Date Date. Landlord shall occur one (1) day in advance perform Landlord's Work at its sole cost and expense and shall use diligent efforts to complete such work on or before the date that is eight weeks from the full execution of the date of the Certificate of Occupancy for each such day of delay. For example, if seven (7) days of Lessee Delay causes the date of issuance of the Certificate of Occupancy to occur on April 8, 2001 rather than April 1, 2001, the Commencement Date shall be April 1, 2001 for all purposes, including payment of Base Rent and Additional Rent. The Lease Term shall expire, unless sooner terminated or extended as provided herein, on the date which completes twelve years after the Commencement Date occurs or is deemed to have occurred, e.g. if the date on which the Certificate of Occupancy is issued or deemed to be issued for the Building is April 1, 2001, the Lease Term shall expire on March 31, 2013 and if that date is April 3, 2001, the Lease Term shall expire on April 2, 2013 (“Expiration Date”). The parties shall execute a “Memorandum of Commencement of Lease Term” when the Commencement Date becomes known, which shall include a certification of the actual Rentable Area of the Building determined by the methodology described in Section 2.01. and the actual monthly installments of Base Rent to be paid pursuant to Section 4.01Lease., and shall be substantially in the form attached hereto as Exhibit “E.”

Commencement Date. The term of this Lease (“Lease Term”) shall be for twelve (12) years beginning on the earlier of (i) the first date on which Lessee occupies or conducts business at the Premises or (ii) the date on which a Certificate of Occupancy is issued affecting the Building and the Seaport Boulevard improvements, the baseball and soccer fields and the amenities/athletic facility have been substantially completed (the “Commencement Date”) provided that, (A) for each day of delay by Lessee in failing to approve the interior schematic drawings or the Working Drawings when required under Section 2.04(d), or (B) for each day of delay by Lessee in failing to approve the Budget, in writing, within fourteen (14) days after delivery by the General Contractor as provided in Section 2.04(d), or (C) for each day of delay caused by any changes Subject to the approved Working Drawings requested by Lessee, or (D) for each day that any other act or omission by Lessee causes the construction schedule for Tenant Improvements to be delayed provided that Lessor gives Lessee written notice of such Lessee Delay within five (5) business days after its occurrence (collectively “Lessee Delay”), the Commencement Date shall occur one (1) day in advance of the date of the Certificate of Occupancy for each such day of delay. For example, if seven (7) days of Lessee Delay causes the date of issuance of the Certificate of Occupancy to occur on April 8, 2001 rather than April 1, 2001limitations hereafter set forth, the Commencement Date shall be April the last to occur of (i) that date which is 31 days after August 1, 2001 for all purposes1994 (such date as it may be extended pursuant to the terms of this Lease being the "Construction Completion Date"), including payment of Base Rent and Additional Rent. The Lease Term shall expire, unless sooner terminated or extended as provided herein, on (ii) the date day which completes twelve years is 30 days after the Commencement Date occurs or is deemed to have occurred, e.g. if the date on which the Certificate of Occupancy is issued or deemed to be issued Premises are "ready for the Building is April 1, 2001, the Lease Term shall expire on March 31, 2013 and if that date is April 3, 2001, the Lease Term shall expire on April 2, 2013 (“Expiration Date”)occupancy" as provided in Section 4.2. The parties shall Tenant shall, upon demand of the Landlord, execute a “Memorandum of Commencement of Lease Term” when certificate confirming the Commencement Date becomes knownas it is determined in accordance with the provisions of this Section 4.1. Landlord shall allow Tenant to enter the Premises on the Substantial Completion Date (as determined by Landlord) for purposes of Tenant setting up its work stations and equipment and performing trial runs of its testing and manufacturing equipment. Notwithstanding that the Commencement Date shall not occur until a subsequent date, which Tenant shall, from and after the date of such entry, be bound by the terms, covenants, provisions and agreements contained in the Lease (except the obligation to pay Basic Rent and Taxes) during such period prior to the Commencement Date (said period being the "Early Occupancy Period") including, without limitation the provisions of Article X and Article V. Tenant shall include a certification also be responsible for all costs for utilities used and consumed in the Premises during the Early Occupancy Period. Nothing contained herein shall be deemed or construed to mean that Tenant may occupy the Premises for the Permitted Use during the Early Occupancy Period. Any occupancy of all or any part of the actual Rentable Area Premises by Tenant for the Permitted Uses (other than the limited purpose of setting up work stations and equipment and performing trial runs on testing and manufacturing equipment) shall result in the Commencement Date occurring regardless of the Building determined condition or state of completion of Landlord's Work and Tenant shall permit Landlord to continue to perform Landlord's Work in the Premises. Tenant shall not interfere in any regard with Landlord's completion of Landlord's Work and hereby agrees to be bound by the methodology described direction of Landlord's contractor or the Construction Manager (as hereafter defined) in Section 2.01. the event of any conflicts between the Landlord's Work and the actual monthly installments of Base Rent to be paid pursuant to Section 4.01work being performed by Tenant., and shall be substantially in the form attached hereto as Exhibit “E.”

Commencement Date. The term of this Lease (“"Lease Term”") shall be ----------------- for twelve (12) years beginning on the earlier of (i) the first date on which Lessee occupies or conducts business at the Premises or (ii) the date on which a Certificate of Occupancy is issued affecting the Building and the Seaport Boulevard improvements, the baseball and soccer fields and the amenities/athletic facility have been substantially completed (the “"Commencement Date”") provided that, (A) for each day of delay by Lessee in failing to approve the interior schematic drawings or the Working Drawings when required under Section 2.04(d), or (B) for each day of delay by Lessee in failing to approve the Budget, in writing, within fourteen (14) days after delivery by the General Contractor as provided in Section 2.04(d), or (C) for each day of delay caused by any changes to the approved Working Drawings requested by Lessee, or (D) for each day that any other act or omission by Lessee causes the construction schedule for Tenant Improvements to be delayed provided that Lessor gives Lessee written notice of such Lessee Delay within five (5) business days after its occurrence (collectively “"Lessee Delay”"), the Commencement Date shall occur one (1) day in advance of the date of the Certificate of Occupancy for each such day of delay. For example, if seven (7) days of Lessee Delay causes the date of issuance of the Certificate of Occupancy to occur on April 8, 2001 rather than April 1, 2001, the Commencement Date shall be April 1, 2001 for all purposes, including payment of Base Rent and Additional Rent. The Lease Term shall expire, unless sooner terminated or extended as provided herein, on the date which completes twelve years after the Commencement Date occurs or is deemed to have occurred, e.g. if the date on which the Certificate of Occupancy is issued or deemed to be issued for the Building is April 1, 2001, the Lease Term shall expire on March 31, 2013 and if that date is April 3, 2001, the Lease Term shall expire on April 2, 2013 (“"Expiration Date”"). The parties shall execute a “"Memorandum of Commencement of Lease Term” " when the Commencement Date becomes known, which shall include a certification of the actual Rentable Area of the Building determined by the methodology described in Section 2.01. and the actual monthly installments of Base Rent to be paid pursuant to Section 4.01., and shall be substantially in the form attached hereto as Exhibit “"E.”"

Commencement Date. The term Commencement Date shall be the date provided in Item 5 of the Basic Lease Provisions. If this Lease (“Lease Term”) shall be for twelve (12) years beginning on the earlier of (i) the first date on which Lessee occupies or conducts business at is executed before the Premises become vacant or (ii) otherwise available or if any present tenant or occupant of the date on which a Certificate Premises holds over, and Landlord cannot acquire possession of Occupancy is issued affecting the Building and Premises in time to deliver them by the Seaport Boulevard improvements, the baseball and soccer fields and the amenities/athletic facility have been substantially completed (the “Commencement Date”) , this Lease shall not be void or voidable, and Landlord shall not 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, that in the event that the actual date of commencement is more than sixty (A) for each day of delay by Lessee in failing to approve the interior schematic drawings or the Working Drawings when required under Section 2.04(d), or (B) for each day of delay by Lessee in failing to approve the Budget, in writing, within fourteen (1460) days after delivery by the General Contractor as date provided in Section 2.04(dItem 5 of the Basic Lease Provisions (subject to force majeure delays and any delays caused by Tenant, its agents, employees or contractors), or (C) for each day of delay caused by any changes Tenant shall be entitled, as its sole and exclusive remedy, to the approved Working Drawings requested by Lessee, or (D) a rent credit equal to one day's Base Rent for each day that any other act or omission by Lessee causes the construction schedule for Tenant Improvements to be delayed provided that Lessor gives Lessee written notice of such Lessee Delay within five (5) business days after its occurrence (collectively “Lessee Delay”), the Commencement Date shall occur is delayed beyond such sixty (60) day period. In the event that the actual date of commencement is more than one (1) day 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 advance any event prior to the date that Landlord delivers possession of the date Premises with Landlord's Work substantially complete). Except as set forth herein, Tenant agrees to accept possession of the Certificate Premises at such time as Landlord is able to tender the same, which date shall thenceforth be deemed the Commencement Date. After the Commencement Date, Tenant shall, upon demand, execute and deliver to Landlord a letter of Occupancy for each such day acceptance of delay. For example, if seven (7) days of Lessee Delay causes the date of issuance delivery of the Certificate of Occupancy to occur on April 8, 2001 rather than April 1, 2001, Premises specifying the Commencement Date shall be April 1, 2001 for all purposes, including payment of Base Rent and Additional RentDate. The Lease Term shall expire, unless sooner terminated or extended as provided herein, on the date which completes twelve years after the Commencement Date occurs or is deemed to have occurred, e.g. if the date on which the Certificate of Occupancy is issued or deemed to be issued for the Building is April 1, 2001, the Lease Term shall expire on March 31, 2013 and if that date is April 3, 2001, the Lease Term shall expire on April 2, 2013 (“Expiration Date”)1.4. The parties shall execute a “Memorandum of Commencement of Lease Term” when the Commencement Date becomes known, which shall include a certification Condition of the actual Rentable Area of the Building determined by the methodology described in Section 2.01Premises; Commencement Date. and the actual monthly installments of Base Rent to be paid pursuant to Section 4.011.5., and shall be substantially in the form attached hereto as Exhibit “E.”

Commencement Date. The term of this Lease (“"Lease Term”") shall be for twelve years and six months (1212 yrs. 6 months) years beginning on the earlier of (i) the date a Certificate of Occupancy first date on which Lessee occupies or conducts business at is issued affecting the Premises Building, or (ii) the date on which a Certificate of Occupancy is issued affecting Lessee first occupies or conducts business at the Building and the Seaport Boulevard improvements, the baseball and soccer fields and the amenities/athletic facility have been substantially completed Premises (the “"Commencement Date”") provided that, (Ai) for each day of delay by Lessee in failing to approve the interior schematic drawings or the Working Drawings when required under Section 2.04(d), or (Bii) for each day of delay by Lessee in failing to approve the Budget, in writing, within fourteen ten (1410) business days after delivery by the General Contractor as provided in Section 2.04(d), or (Ciii) for each day of delay caused by any changes to the approved Working Drawings requested by Lessee, or (Div) for each day that any other act or omission by Lessee causes the construction schedule for Tenant Improvements to be delayed provided that Lessor gives Lessee written notice of such Lessee Delay within five (5) business days after its occurrence (collectively “"Lessee Delay”"), the Commencement Date shall occur one (1) day in advance of the date of the Certificate of Occupancy for each such day of delay, provided that, in no event shall Lessee Delay be used to advance the Commencement Date to a date earlier than April 1, 2001. For example, if seven (7) days of Lessee Delay causes the date of issuance of the Certificate of Occupancy to occur on April 8, 2001 rather than April 1, 2001, the Commencement Date shall be April 1, 2001 for all purposes, including payment of Base Rent and Additional Rent. The Lease Term shall expire, unless sooner terminated or extended as provided herein, on the date which completes twelve years and six months after the Commencement Date occurs or is deemed to have occurred, e.g. if the date on which the Certificate of Occupancy is issued or deemed to be issued for the Building is April 1, 2001, the Lease Term shall expire on March 31September 30, 2013 and if that date is April 3, 2001, the Lease Term shall expire on April October 2, 2013 (“"Expiration Date”"). The parties shall execute a “"Memorandum of Commencement of Lease Term” " when the Commencement Date becomes known, which shall include a certification of the actual Rentable Area of the Building determined by the methodology described in Section 2.01. and the actual monthly installments of Base Rent to be paid pursuant to Section 4.01., and shall be substantially in the form attached hereto as Exhibit “"E.”"

Commencement Date. The term date of this Lease commencement for the Additional Space (“Lease Term”the "Additional Space Commencement Date") shall be the date of substantial completion of Landlord's Work, as hereinafter defined, in the Additional Space, which is projected to be three (3) months from Landlord's receipt of final approved Working Drawings, as hereinafter defined, or such earlier date as Tenant takes possession or commences use of the Additional Space for twelve any purpose other than construction. The Additional Space Commencement Date and the commencement of rental payment hereunder shall not be extended or delayed for any period of time that substantial completion of Landlord's Work and the delivery of possession of the Additional Space is delayed beyond that date which is three (123) years beginning on the earlier months from Landlord's receipt of final approved Working Drawings, as hereinafter defined, by any reason of: (i) special work, changes, alterations or additions required or made by Tenant in the first date on which Lessee occupies or conducts business at the Premises or Additional Space; (ii) delays and/or default on the part of Tenant in submitting on a timely basis any plans and/or specifications, supplying information, approving plans, specifications or estimates, or giving authorizations required hereunder or otherwise for the completion of Landlord's Work; and/or (iii) delays otherwise caused in whole or in part by Tenant. However, in no event shall the Additional Space Commencement Date and the commencement of rental payment hereunder be later than July 1, 2000. The foregoing notwithstanding, if the Additional Space shall not be substantially complete and the Tenant shall not have taken possession or commenced use of the Additional Space on or before the date on which shall be one hundred fifty (150) days from the date Landlord commences construction of Landlord's Work as herein defined, as such date may be extended by the number of days, if any, of any (i) Tenant Delays, as herein defined; (ii) Force Majeure delays; and/or (iii) any other delays pursuant to this Section, then Tenant shall receive a Certificate of Occupancy is issued affecting credit at the Building and the Seaport Boulevard improvements, the baseball and soccer fields and the amenities/athletic facility have been substantially completed next monthly rent payment date equal to ninety five dollars (the “Commencement Date”) provided that, (A$95) for each business day of delay by Lessee in failing to approve the interior schematic drawings or the Working Drawings when required under Section 2.04(d), or (B) for each day of delay by Lessee in failing to approve the Budget, in writing, within fourteen (14) days after delivery by the General Contractor as provided in Section 2.04(d), or (C) for each day of delay caused by any changes to the approved Working Drawings requested by Lessee, or (D) for each day that any other act or omission by Lessee causes the construction schedule for Tenant Improvements to be delayed provided that Lessor gives Lessee written notice of such Lessee Delay within five (5) business days after its occurrence (collectively “Lessee Delay”), the Commencement Date shall occur is delayed beyond such one hundred fifty (1150) day in advance period, as such may be extended. "Force Majeure" means, with respect to the occurrence of a specified date or event, any and all events beyond the reasonable control of Landlord, including, without limitation, strikes, lockouts, acts of God, enemy actions, civil commotion or war, casualties and governmental actions, but excluding lack of funds, which events delay the occurrence of the specified date of or event in question. If the Certificate of Occupancy for each such day of delay. For example, if seven (7) days of Lessee Delay causes the date of issuance of the Certificate of Occupancy to occur on April 8, 2001 rather than April 1, 2001, the Commencement Date shall be April 1, 2001 for all purposes, including payment of Base Rent and Additional Rent. The Lease Term shall expire, unless sooner terminated or extended as provided herein, on the date which completes twelve years after the Space Commencement Date occurs on any day other that the first day of a month, then the Basic Rent will be pro-rated on a daily basis (i.e., annual rental divided by 365 days, or is deemed to have occurred366 days in a leap year). As of the Additional Space Commencement Date, e.g. if the date on which the Certificate of Occupancy is issued or Additional Space shall be deemed to be issued for the Building is April 1, 2001, the Lease Term shall expire on March 31, 2013 and if that date is April 3, 2001, the Lease Term shall expire on April 2, 2013 (“Expiration Date”). The parties shall execute a “Memorandum of Commencement of Lease Term” when the Commencement Date becomes known, which shall include a certification part of the actual Rentable Area of Premises demised under the Building determined by the methodology described in Section 2.01. and the actual monthly installments of Base Rent to be paid pursuant to Section 4.01Lease., and shall be substantially in the form attached hereto as Exhibit “E.”

Commencement Date. The term of this Lease (“"Lease Term”") shall be for twelve ----------------- eleven (1211) years beginning on the earlier of (i) the date a Certificate of Occupancy (which means for purposes of this Lease, either a Certificate of Occupancy or its equivalent which allows legal occupancy and including, without limitation, a Notice of Substantial Completion) first date on which Lessee occupies or conducts business at is issued affecting the Premises Building, or (ii) the date on which a Certificate of Occupancy is issued affecting Lessee first occupies or conducts business at the Building Premises and the Seaport Boulevard improvements, the baseball and soccer fields and the amenities/athletic facility have been substantially completed (the “"Commencement Date”") provided that, (Ai) for each day of delay by Lessee in failing to approve the interior schematic drawings or the Working Drawings when required under Section 2.04(d), or (Bii) for each day of delay by Lessee in failing to approve the Budget, in writing, within fourteen (14) days after delivery by the General Contractor as provided in Section 2.04(d), or (Ciii) for each day of delay caused by any changes to the approved Working Drawings requested by Lessee, or (Div) for each day that any other act or omission by Lessee causes the construction schedule for Tenant Improvements to be delayed provided that Lessor gives Lessee written notice of such Lessee Delay within five (5) business days after its occurrence (collectively “"Lessee Delay”"), the Commencement Date shall occur one (1) day in advance of the date of the Certificate of Occupancy for each such day of delay. For example, if seven (7) days of Lessee Delay causes the date of issuance of the Certificate of Occupancy to occur on April August 8, 2001 rather than April August 1, 2001, the Commencement Date shall be April August 1, 2001 for all purposes, including payment of Base Rent and Additional Rent. The Lease Term shall expire, unless sooner terminated or extended as provided herein, on the date which completes twelve eleven (11) years after the Commencement Date occurs or is deemed to have occurred, e.g. if the date on which the Certificate of Occupancy is issued or deemed to be issued for the Building is April August 1, 2001, the Lease Term shall expire on March July 31, 2013 2012 and if that date is April August 3, 2001, the Lease Term shall expire on April August 2, 2013 2012 (“"Expiration Date”"). The parties shall execute a “"Memorandum of Commencement of Lease Term” " when the Commencement Date becomes known, which shall include a certification by Lessor's architect of the actual Rentable Area of the Building determined by the methodology described in Section 2.01. and the actual monthly installments of Base Rent to be paid pursuant to Section 4.01., and shall be substantially in the form attached hereto as Exhibit “"E.”"

Commencement Date. The term (a) Notwithstanding the February 1, 1997 date specified in Section 1.1(i), above, the "Commencement Date" of this Lease (“Lease Term”) shall be for twelve the date upon which Landlord delivers the Completion Notice to Tenant (12) years beginning on as set forth in paragraph 10 of Exhibit C hereto). Notwithstanding anything to the earlier of contrary herein, (i) in the first date event the Commencement Date has not occurred on which Lessee occupies or conducts business at before February 15, 1997 (other than as a result of any "Tenant Delay", as such term is defined in Exhibit C hereto), the Premises or parties mutually agree that the Term of this Lease shall expire on February 15, 2003, regardless of when the Commencement Date occurs (in other words, the Term of the Lease shall be shorter than seventy-two (72) full months if the Commencement Date occurs after February 15, 1997 other than as a result of any Tenant Delay), (ii) in the event the date on upon which a Certificate of Occupancy Landlord delivers the Completion Notice to Tenant is issued affecting the Building and the Seaport Boulevard improvements, the baseball and soccer fields and the amenities/athletic facility have been substantially completed delayed more than fifteen (the “Commencement Date”) provided that, (A) for each day of delay by Lessee in failing to approve the interior schematic drawings or the Working Drawings when required under Section 2.04(d), or (B) for each day of delay by Lessee in failing to approve the Budget, in writing, within fourteen (1415) days after delivery by the General Contractor as provided in Section 2.04(d)due to any Tenant Delay, or (C) for each day of delay caused by any changes to the approved Working Drawings requested by Lessee, or (D) for each day that any other act or omission by Lessee causes the construction schedule for Tenant Improvements to be delayed provided that Lessor gives Lessee written notice of such Lessee Delay within five (5) business days after its occurrence (collectively “Lessee Delay”), then the Commencement Date of this Lease shall occur one (1) day in advance be February 15, 1997 irrespective of the date whether construction of the Certificate of Occupancy for each such day of delayLandlord's Work has been completed by February 15, 1997. For exampleThe foregoing notwithstanding, if seven (7) days a combination of Lessee Tenant Delay and delay occurring other than as a result of Tenant Delay causes the date upon which construction of issuance of the Certificate of Occupancy Landlord's Work is completed to occur on April 8extend past February 15, 2001 rather than April 11997, 2001, then the Commencement Date shall be April 1, 2001 for all purposes, including payment of Base Rent and Additional Rent. The Lease Term shall expire, unless sooner terminated or extended as provided herein, on the date which completes twelve years after the Commencement Date occurs or is deemed to have occurred, e.g. if the date on which the Certificate of Occupancy is issued or deemed adjusted to be issued that date upon which Landlord's Work would have been completed but for such Tenant Delay (but only to the Building is April 1extent such Tenant Delay exceeded fifteen (15) days), 2001, and the Lease Term shall expire on March 31, 2013 and if the earlier of (1) that date which is April 3seventy-two (72) full months after the Commencement Date or (2) that date which is calculated by measuring seventy-two (72) full months after the date Landlord's Work would have been completed but for such Tenant Delay (but not later than February 15, 20011997), plus the total number of days of Tenant Delay which occurred. For purposes of illustrating the foregoing provision only, and not by way of limitation, (A) if there were twenty (20) days of Tenant Delay and completion of Landlord's Work and delivery of the Completion Notice was achieved on February 28, 1997, then the Lease Commencement Date shall be deemed to be February 23, 1997, and the expiration of the Lease Term shall expire be February 22, 2003, (B) if there were ten (10) days of Tenant Delay and completion of Landlord's Work and delivery of the Completion Notice was achieved on April 2February 28, 2013 (“Expiration Date”). The parties shall execute a “Memorandum of Commencement of 1997, then the Lease Term” when the Commencement Date becomes knownshall be February 28, which shall include a certification 1997, and the expiration of the actual Rentable Area Lease Term shall occur on February 24, 2003, (C) if there were ten (10) days of Tenant Delay and completion of Landlord's Work and delivery of the Building determined by Completion Notice was achieved on February 20, 1997, then the methodology described in Section 2.01. Lease Commencement Date shall be February 20, 1997, and the actual monthly installments expiration of Base Rent to be paid pursuant to Section 4.01.the Lease Term shall occur on February 19, 2003, and (D) if there was no Tenant Delay and completion of Landlord's Work and delivery of the Completion Notice was achieved on February 28, 1997, then the Lease Commencement Date shall be substantially in February 28, 1997, and the form attached hereto as Exhibit “E.”expiration of the Lease Term shall occur on February 15, 2003.

Commencement Date. (a) Upon the Effective Date, the terms and provisions hereof shall be fully binding on Landlord and Tenant prior to the occurrence of the Commencement Date. The term Term of this Lease (“Lease Term”) shall commence on the Commencement Date. Unless sooner terminated or extended as hereinafter provided, the Term shall end on the Expiration Date. Landlord shall be deemed to have tendered possession of the Premises to Tenant upon the mutual execution and delivery of this Lease, it being understood that the Premises are vacant, in the condition required by this Lease (except for twelve Landlord’s performance of Landlord’s Work pursuant to Article 4 below) and available for Tenant’s occupancy (12subject to Section 2.2(b) years beginning below). Notwithstanding the foregoing or anything to the contrary contained in Article 1 above, if Tenant is not legally permitted to occupy the Premises for the conduct of its business on August 1, 2009, as a result of any act or omission on the part of Landlord or Landlord’s agents or employees, and if Tenant does not occupy the Premises for the conduct of its business as a result thereof, then the Commencement Date shall not occur until Tenant is legally permitted to occupy the Premises for the conduct of its business; provided, however, if the Commencement Date has not occurred on or before October 1, 2009, then Tenant shall have the right to terminate this Lease, which right shall be exercisable only by written notice to Landlord delivered not earlier than October 2, 2009, and not later than the earlier to occur of (i) the first date on which Lessee occupies or conducts business at the Premises or Commencement Date occurs, and (ii) October 10, 2009. At any time following the date on which a Certificate of Occupancy is issued affecting the Building and the Seaport Boulevard improvements, the baseball and soccer fields and the amenities/athletic facility have been substantially completed (the “Commencement Date”) provided that, (A) for each day Landlord shall have the right to deliver to Tenant a notice in the form as set forth in Exhibit G, attached hereto, as a confirmation only of delay by Lessee in failing the information set forth therein, which, if accurate, Tenant shall execute and return to approve the interior schematic drawings or the Working Drawings when required under Section 2.04(d), or (B) for each day of delay by Lessee in failing to approve the Budget, in writing, within fourteen (14) days after delivery by the General Contractor as provided in Section 2.04(d), or (C) for each day of delay caused by any changes to the approved Working Drawings requested by Lessee, or (D) for each day that any other act or omission by Lessee causes the construction schedule for Tenant Improvements to be delayed provided that Lessor gives Lessee written notice of such Lessee Delay Landlord within five (5) business days after its occurrence (collectively “Lessee Delay”)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 Commencement Date shall occur one (1) day information set forth in advance such notice is as specified therein. For purposes of determining whether Tenant has accepted possession of the date of the Certificate of Occupancy for each such day of delay. For examplePremises, if seven (7) days of Lessee Delay causes the date of issuance of the Certificate of Occupancy to occur on April 8, 2001 rather than April 1, 2001, the Commencement Date Tenant shall be April 1, 2001 for all purposes, including payment of Base Rent and Additional Rent. The Lease Term shall expire, unless sooner terminated or extended as provided herein, on the date which completes twelve years after the Commencement Date occurs or is deemed to have occurreddone so when Tenant first moves Tenant’s Property and/or any of its personnel into the Premises and/or commences construction, e.g. if except to the date on which extent that Tenant is authorized in this Lease or by Landlord’s agreement (such as set forth in Section 2.2(b) below) to do any of the Certificate of Occupancy is issued or foregoing without being deemed to be issued for the Building is April 1, 2001, the Lease Term shall expire on March 31, 2013 and if that date is April 3, 2001, the Lease Term shall expire on April 2, 2013 (“Expiration Date”). The parties shall execute a “Memorandum of Commencement of Lease Term” when the Commencement Date becomes known, which shall include a certification have accepted possession of the actual Rentable Area of the Building determined by the methodology described in Section 2.01. and the actual monthly installments of Base Rent to be paid pursuant to Section 4.01Premises., and shall be substantially in the form attached hereto as Exhibit “E.”

Commencement Date. The term of this Lease (“Lease Term”) shall be for twelve seven (127) years beginning commencing on the earlier Commencement Date (defined below), unless sooner terminated and subject to any extension granted hereunder. The “Commencement Date” of this Lease shall be the later of (i) the first date on which Lessee occupies or conducts business at the Premises March 1, 2011; or (ii) the date on which a Certificate of Occupancy is issued affecting substantial completion of the Building and the Seaport Boulevard improvements, the baseball and soccer fields and the amenities/athletic facility have been substantially completed (the “Commencement Date”) provided that, (A) for each day of delay by Lessee in failing to approve the interior schematic drawings or the Working Drawings when required under Section 2.04(d), or (B) for each day of delay by Lessee in failing to approve the Budget, in writing, within fourteen (14) days after delivery by the General Contractor as provided in Section 2.04(d), or (C) for each day of delay caused by any changes to the approved Working Drawings requested by Lessee, or (D) for each day that any other act or omission by Lessee causes the construction schedule for Tenant Improvements to be delayed provided that Lessor gives Lessee written notice completed by Landlord pursuant to the terms of such Lessee Delay within five (5) business days after its occurrence (collectively “Lessee Delay”)the Work Letter Agreement attached as EXHIBIT C. For purposes of this Lease, the Commencement Date shall occur one (1) day in advance of the date of the Certificate of Occupancy for each such day of delay. For example, if seven (7) days of Lessee Delay causes substantial completion shall be the date of issuance that all of the Certificate following has occurred: (i) the Tenant Improvements are complete except for minor items of Occupancy to occur adjustment or repair of the type commonly found on April 8an architect’s punchlist which would not materially interfere with Tenant’s use and enjoyment of the Premises; and (ii) the City of Sunnyvale has approved the Tenant Improvements in accordance with its building code, 2001 rather than April 1, 2001, evidenced by its completion of a final inspection and written approval of such improvements as so completed in accordance with the Commencement Date shall be April 1, 2001 for all purposes, including payment of Base Rent and Additional Rent. The Lease Term shall expire, unless sooner terminated or extended as provided herein, on the date which completes twelve years after the Commencement Date occurs or is deemed to have occurred, e.g. if the date on which the Certificate of Occupancy is issued or deemed to be building permit issued for the Building is April Tenant Improvements. If Landlord cannot deliver possession of the Premises to Tenant with the Tenant Improvements substantially complete on or before March 1, 20012011, this Lease shall not be void or voidable, nor shall Landlord, or Landlord’s Agents be liable to Tenant for any loss or damage resulting therefrom. In such event, subject to the Lease provisions of Paragraph 3(c), Tenant shall not be liable for Rent until Landlord delivers possession of the Premises to Tenant with the Tenant Improvements substantially complete, and the expiration date of the Term shall expire on March be extended by the same number of days that Tenant’s possession of the Premises is delayed. Notwithstanding the foregoing, if Landlord is unable to deliver possession of the Premises to Tenant with the Tenant Improvements substantially complete by August 31, 2013 2011 for any reason other than a Tenant Delay, then Tenant shall have the right to terminate this Lease by delivery of written notice to landlord no later than September 15, 2011. Tenant’s right to terminate this Lease as permitted herein shall be Tenant’s sole and if that date is April 3exclusive remedy for Landlord’s inability to complete the Tenant Improvements by August 31, 2001, the Lease Term shall expire on April 2, 2013 (“Expiration Date”). The parties shall execute a “Memorandum of Commencement of Lease Term” when the Commencement Date becomes known, which shall include a certification of the actual Rentable Area of the Building determined by the methodology described in Section 2.01. and the actual monthly installments of Base Rent to be paid pursuant to Section 4.01.2011, and Landlord shall be substantially in the form attached hereto have no liability to Tenant for any other damages or losses suffered or incurred by Tenant as Exhibit “E.”a result thereof.

Commencement Date. The term of this Lease (“Lease Term”) shall be for twelve five (125) years and six (6) months beginning on the earlier of (i) the first date on which Lessee occupies or conducts business at the Premises are “Ready for Occupancy”, or (ii) the date on which a Certificate of Occupancy is issued affecting Lessee first occupies or conducts business at the Building and the Seaport Boulevard improvements, the baseball and soccer fields and the amenities/athletic facility have been substantially completed Premises (the “Commencement Date”) provided that, (A) for each day of delay by Lessee in failing to approve the interior schematic drawings or the Working Drawings when required under Section 2.04(d), or (B) for each day of delay by Lessee in failing to approve the Budget, in writing, within fourteen (14) days after delivery by the General Contractor as provided in Section 2.04(d), or (C) for each day of delay caused by any changes to the approved Working Drawings requested by Lessee, or (D) for each day that any other act or omission by Lessee causes the construction schedule for Tenant Improvements to be delayed provided that Lessor gives Lessee written notice of such Lessee Delay within five (5) business days after its occurrence (collectively “Lessee Delay”), the Commencement Date shall occur one (1) day in advance of the date of the Certificate of Premises are Ready for Occupancy for each such day of delay, provided that, in no event shall Lessee Delay be used to advance the Commencement Date to a date earlier than January 1, 2007. For example, if seven (7) days of Lessee Delay causes the date of issuance of the Certificate of Premises are Ready for Occupancy to occur on April January 8, 2001 2007 rather than April January 1, 20012007, the Commencement Date shall be April January 1, 2001 2007 for all purposes, including payment of Base Rent and Additional Rent. The Lease Term shall expire, unless sooner terminated or extended as provided herein, on the date which completes twelve five (5) years and six (6) months after the Commencement Date occurs or is deemed to have occurredoccurred (“Expiration Date”), e.g. if the date on which the Certificate of Premises are Ready for Occupancy is issued or is deemed to be issued for the Building is April January 1, 20012007, the Lease Term shall expire on March 31June 30, 2013 2012 and if that date is April January 3, 20012007, the Lease Term shall expire on April July 2, 2013 (“Expiration Date”)2012. The parties shall execute a “Memorandum of Commencement of Lease Term” when the Commencement Date becomes known, which shall include a certification of the actual Rentable Area of the Building Premises determined by the methodology described in Section 2.01. and the actual monthly installments of Base Rent to be paid pursuant to Section 4.01., and shall be substantially in the form attached hereto as Exhibit “E.”

Commencement Date. The term of this Lease (“Lease Term”) "Commencement Date" shall be for twelve (12) years beginning on the earlier of (i) the first date on which Lessee occupies or conducts business at December 1, 2015; provided, however, that if the Premises or (ii) the date on which a Certificate of Occupancy is issued affecting the Building and the Seaport Boulevard improvements, the baseball and soccer fields and the amenities/athletic facility have not been substantially completed (so as to allow Lessee to conduct its business therein on or before the “Commencement Date”) provided thatdate set forth above, (A) for each day of delay by Lessor shall not be liable to Lessee in failing to approve the interior schematic drawings or the Working Drawings when required under Section 2.04(d)any manner for such delay, or (B) for each day of delay by Lessee in failing to approve the Budget, in writing, within fourteen (14) days after delivery by the General Contractor as provided in Section 2.04(d), or (C) for each day of delay caused by any changes to the approved Working Drawings requested by Lessee, or (D) for each day that any other act or omission by Lessee causes the construction schedule for Tenant Improvements to be delayed provided that Lessor gives Lessee written notice of such Lessee Delay within five (5) business days after its occurrence (collectively “Lessee Delay”), but the Commencement Date shall not occur one (1) day in advance until the preparation of the date of the Certificate of Occupancy for each such day of delay. For examplePremises has been substantially completed, if seven (7) days of Lessee Delay causes the date of issuance of the Certificate of Occupancy to occur on April 8, 2001 rather than April 1, 2001, except that the Commencement Date shall not be April 1delayed to the extent that the delay in substantial completion of the Premises was due to the fault or otherwise caused by acts, 2001 for all purposesomissions, including payment change orders or other requests of Xxxxxx. Delays in the Commencement Date shall also result in an adjustment of the "Expiration Date" (as hereinafter defined) and the schedule of Base Rent and Additional Rentschedule shown in Section 3 below. The term "Lease Term Year", as used in this Lease, shall expire, unless sooner terminated or extended as provided herein, mean the 12-month period commencing on the date Commencement Date, and each 12-month period thereafter during the Term; provided, however, that if the Commencement Date is a day other than the first day of a calendar month, the first Lease Year shall include the period between the Commencement Date and the end of the calendar month in which completes twelve years after the Commencement Date occurs or is deemed to have occurred, e.g. if and shall extend through the date on which end of the Certificate of Occupancy is issued or deemed to be issued for twelfth (12th) full calendar month following the Building is April 1, 2001, the Lease Term shall expire on March 31, 2013 and if that date is April 3, 2001, the Lease Term shall expire on April 2, 2013 (“Expiration Commencement Date”). The parties shall execute a “Memorandum of Commencement of Lease Term” when the Commencement Date becomes known, which and the Expiration Date shall include be evidenced by a certification of the actual Rentable Area of the Building determined by the methodology supplemental agreement similar to that described in Section 2.01. and the actual monthly installments of Base Rent to be paid pursuant to Section 4.01., and shall be substantially in the form attached hereto as Exhibit “E.E”.

Commencement Date. The term of this Lease (“Lease Term”) shall be for twelve (12) years beginning on the earlier of (i) the first date on which Lessee occupies or conducts business at the Premises or (ii) the date on which a Certificate of Occupancy is issued affecting the Building and the Seaport Boulevard improvements, the baseball and soccer fields and the amenities/athletic facility have been substantially completed (the “Commencement Date”) provided that, (A) for each day ” shall mean the date that Landlord shall have delivered possession of delay by Lessee the Leased Premises to Tenant in failing to approve broom clean condition with the interior schematic drawings or Landlord's Work and the Working Drawings when required under Section 2.04(d), or (B) for each day of delay by Lessee in failing to approve the Budget, in writing, within fourteen (14) days after delivery by the General Contractor as provided in Section 2.04(d), or (C) for each day of delay caused by any changes to the approved Working Drawings requested by Lessee, or (D) for each day that any other act or omission by Lessee causes the construction schedule for Tenant Improvements to be delayed provided within the Leased Premises Substantially Completed. Landlord estimates that Lessor gives Lessee written notice of such Lessee Delay within five (5) business days after its occurrence (collectively “Lessee Delay”), the Commencement Date shall occur on or before the date that is one hundred five (1105) day in advance days after the date upon which Landlord receives all necessary permits for the construction of the date of Tenant Improvements. Such date, as applicable and subject to extension due to Force Majeure and Tenant Delays, is referred to herein as the Certificate of Occupancy for each “Estimated Commencement Date.” At such day of delay. For example, if seven (7) days of Lessee Delay causes the date of issuance of the Certificate of Occupancy to occur on April 8, 2001 rather than April 1, 2001, time as the Commencement Date shall be April 1, 2001 for all purposes, including payment of Base Rent and Additional Rent. The Lease Term shall expire, unless sooner terminated or extended as provided herein, on the date which completes twelve years after the Commencement Date occurs or is deemed to have occurred, e.g. if the date on which the Certificate of Occupancy is issued or deemed to be issued for the Building is April 1, 2001been established, the Lease Term shall expire on March 31, 2013 and if that date is April 3, 2001, the Lease Term shall expire on April 2, 2013 (“Expiration Date”). The parties shall execute a “Memorandum of Commencement of Lease Term” when enter into an agreement confirming the Commencement Date becomes known, which shall include a certification of the actual Rentable Area of the Building determined by the methodology described in Section 2.01. and the actual monthly installments of Base Rent to be paid pursuant to Section 4.01., and shall be same substantially in the form attached hereto as Exhibit C. Notwithstanding the foregoing, if the Commencement Date does not occur on or before the day that is thirty (30) days following the Estimated Commencement Date, Tenant shall be entitled to one (1) day of abatement of Base Rent for every day in the period beginning on the day following the thirtieth (30th) day following Estimated Commencement Date and ending on the Commencement Date, which abatement shall be in addition to any other abatement, free rent periods or other rental concessions to which Tenant may be entitled under this Lease. Subject to Tenant Delays and Force Majeure, if the Commencement Date does not occur on or before the date that is two hundred seventy (270) days following the mutual execution of this Lease (the “E.Outside Commencement Date”), Tenant shall be entitled to two (2) days of abatement of Base Rent for every day in the period beginning on the day following the Outside Commencement Date and ending on the Commencement Date, which abatement shall be in addition to any other abatement, free rent periods or other rental concessions to which Tenant may be entitled under this Lease. Notwithstanding the foregoing, Tenant shall have the right to enter the Leased Premises thirty (30) days prior to the anticipated date of Substantial Completion of the Landlord's Work and the Tenant Improvements for the purposes of installing cabling, wiring, telephone equipment, fixtures, furniture, and equipment to facilitate Tenant's move-in and start-up of business operations, so long as any such entry is coordinated with Landlord and Landlord's contractors and such entry and installations do not unreasonably interfere with the work being performed by Landlord's workmen or contractors in the Leased Premises. No such entry shall be deemed Tenant's possession of the Leased Premises, or otherwise affect the occurrence of the Commencement Date. In any such event, the Tenant's workmen and contractors shall take reasonable steps to minimize interference with any work being simultaneously performed by the Landlord's workmen or contractors in the Leased Premises. In the event of any unreasonable interference prior to Substantial Completion, Landlord shall have the right to provide written notice to Tenant of such interference, and Tenant shall cause its workmen and contractors to cease such interference or cease performing such work until Landlord's workmen and contractors have completed their work. Any such early entry into and occupancy of the Leased Premises by Tenant or any person or entity working for or on behalf of Tenant shall be deemed to be subject to all of the terms, covenants, conditions and provisions of the Lease, including, without limitation, providing certificate(s) of insurance required under this Lease, excluding only the covenant to pay Rent (defined herein).

Commencement Date. The term of this Lease (“"Lease Term”") shall be for twelve (12) years beginning on the earlier of (i) the date a Certificate of Occupancy first date on which Lessee occupies or conducts business at is issued affecting the Premises Building, or (ii) the date on which a Certificate of Occupancy is issued affecting Lessee first occupies or conducts business at the Building and the Seaport Boulevard improvements, the baseball and soccer fields and the amenities/athletic facility have been substantially completed Premises (the “"Commencement Date”") provided that, (Ai) for each day of delay by Lessee in failing to approve the interior schematic drawings or the Working Drawings when required under Section 2.04(d), or (Bii) for each day of delay by Lessee in failing to approve the Budget, in writing, within fourteen ten (1410) business days after delivery by the General Contractor as provided in Section 2.04(d), or (Ciii) for each day of delay caused by any changes to the approved Working Drawings requested by Lessee, or (Div) for each day that any other act or omission by Lessee causes the construction schedule for Tenant Improvements to be delayed provided that Lessor gives Lessee written notice of such Lessee Delay within five (5) business days after its occurrence (collectively “"Lessee Delay”"), the Commencement Date shall occur one (1) day in advance of the date of the Certificate of Occupancy for each such day of delay, provided that, in no event shall Lessee Delay be used to advance the Commencement Date to a date earlier than September 1, 2001. For example, if seven (7) days of Lessee Delay causes the date of issuance of the Certificate of Occupancy to occur on April September 8, 2001 rather than April September 1, 2001, the Commencement Date shall be April September 1, 2001 for all purposes, including payment of Base Rent and Additional Rent. The Lease Term shall expire, unless sooner terminated or extended as provided herein, on the date which completes twelve years and six months after the Commencement Date occurs or is deemed to have occurred, e.g. if the date on which the Certificate of Occupancy is issued or deemed to be issued for the Building is April September 1, 2001, the Lease Term shall expire on March August 31, 2013 and if that date is April September 3, 2001, the Lease Term shall expire on April September 2, 2013 (“"Expiration Date”"). The parties shall execute a “"Memorandum of Commencement of Lease Term” " when the Commencement Date becomes known, which shall include a certification of the actual Rentable Area of the Building determined by the methodology described in Section 2.01. and the actual monthly installments of Base Rent to be paid pursuant to Section 4.01., and shall be substantially in the form attached hereto as Exhibit “"E.”"