Common use of Delay in Commencement Clause in Contracts

Delay in Commencement. Sublessor agrees to use its best commercially reasonable efforts to deliver possession of the Premises by the commencement date. If, despite said efforts, Sublessor is unable to deliver possession as agreed, Sublessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Sublease. Sublessee shall not, however, be obligated to pay Rent or perform its other obligations until it receives possession of the Premises. If possession is not delivered within sixty days after the commencement date, Sublessee may, at its option, by notice in writing within ten days after the end of such sixty day period, cancel this Sublease, in which event the Parties shall be discharged from all obligations hereunder. If such written notice is not received by Sublessor within said ten day period, Sublessee's right to cancel shall terminate. Except as otherwise provided, if possession is not tendered to Sublessee when required and Sublessee does not terminate this Sublease, as aforesaid, any period of rent abatement that Sublessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to what Sublessee would otherwise have enjoyed under the terms hereof, but minus any days of delay caused by the acts or omissions of Sublessee. If possession is not delivered within 120 days after the commencement date, this Sublease shall automatically terminate unless the Parties agree, in writing, to the contrary.

Delay in Commencement. Sublessor agrees Landlord shall not be liable to use its best commercially reasonable efforts to Tenant if Landlord does not deliver possession of the Demised Premises by to Tenant on the commencement dateCommencement Date specified in Section 1.05 above. If, despite said efforts, Sublessor is unable to deliver possession as agreed, Sublessor shall not be subject to any liability therefor, nor shall such failure affect the validity Landlord's non-delivery of this Sublease. Sublessee shall not, however, be obligated to pay Rent or perform its other obligations until it receives possession of the PremisesDemised Premises to Tenant on the Commencement Date will not affect this Lease or the obligations of Tenant under this Lease. If possession is not delivered within sixty days after However, the commencement date, Sublessee may, at its option, by notice in writing within ten days after the end of such sixty day period, cancel this Sublease, in which event the Parties Commencement Date shall be discharged from all obligations hereunderdelayed until possession of the Demised Premises is delivered to Tenant. If such written notice is not received by Sublessor within said ten day period, Sublessee's right to cancel The Lease Term shall terminate. Except as otherwise provided, if possession is not tendered to Sublessee when required and Sublessee does not terminate this Sublease, as aforesaid, any period of rent abatement that Sublessee would otherwise have enjoyed shall run from the date of delivery of possession and continue be extended for a period equal to what Sublessee would otherwise have enjoyed under the terms hereofdelay in delivery of possession of the Demised Premises to Tenant, but minus any plus the number of days necessary for the Lease Term to expire on the last day of delay caused by the acts or omissions of Sublesseea month. If Landlord does not deliver possession is not delivered of the Demised Premises to Tenant within 120 sixty (60) days after the commencement dateCommencement Date specified in Section 1.05, Tenant may cancel this Lease by giving written notice to Landlord within ten (10) days after the 60-day period ends. If Tenant gives such notice, this Sublease Lease shall automatically terminate unless be canceled effective as of the Parties agreedate of its execution, in writingand no party shall have any obligations under this Lease. If Tenant does not give such notice within the time specified, Tenant shall have no right to cancel this Lease, and the contraryLease Term shall commence upon the delivery of possession of the Demised Premises to Tenant. If delivery of possession of the Demised Premises to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised Commencement Date and Expiration Date of the Lease Term.

Delay in Commencement. Sublessor agrees to use its best commercially reasonable efforts to Notwithstanding the Commencement Date, if for any reason Lessor cannot deliver possession of the Premises by the commencement to Lessee on said date. If, despite said efforts, Sublessor is unable to deliver possession as agreed, Sublessor Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Sublease. Sublessee Lease or the obligations of Lessee hereunder or extend the Term hereof, but in such case Lessee shall not, however, not be obligated to pay Rent or perform its other obligations rent until it receives possession of the Premises. If Premises is tendered to Lessee; provided, however, that if Lessor shall not have delivered possession of the Premises within ninety (90) days from the Commencement Date and such delay is not delivered within sixty days after the commencement dateabsent of force majeure or otherwise, Sublessee Lessee may, at its Lessee’s option, by notice in writing to Lessor within ten (10) days after the end of such sixty day periodthereafter, cancel this SubleaseLease, in which event the Parties parties shall be discharged from all obligations hereunder. If Lessee occupies the Premises prior to the Commencement Date, such written notice is occupancy shall be subject to all provisions hereof; such occupancy shall not received advance the Expiration Date, and Lessee shall pay rent from its date of occupancy at the initial monthly rates set forth below. If Lessor, by Sublessor reason of force majeure or otherwise, cannot deliver the Premises within said ten day period, Sublessee's right to cancel shall terminate. Except as otherwise provided, if possession is not tendered to Sublessee when required and Sublessee does not terminate this Sublease, as aforesaid, any period of rent abatement that Sublessee would otherwise have enjoyed shall run ninety (90) days from the date of delivery of possession Commencement Date, Lessor or Lessee may, at their respective options, by notice in writing within ten (10) days thereafter, cancel this Lease. In the event Lessor is required to improve the Premises in the manner described on Exhibit “B” attached hereto (the “Lessor’s Work”), Lessor agrees to use reasonable diligence to have Lessor’s Work completed and continue the Premises ready for a period equal to what Sublessee would otherwise have enjoyed under occupancy on or before the terms hereof, but minus any days of delay caused by the acts or omissions of Sublessee. If possession is not delivered within 120 days after the commencement date, this Sublease shall automatically terminate unless the Parties agree, in writing, to the contraryCommencement Date.

Delay in Commencement. Sublessor agrees to use its best commercially reasonable efforts to deliver possession of the Premises by the commencement date. If, despite said efforts, Sublessor is unable to deliver possession as agreed, Sublessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Sublease. Sublessee shall not, however, be obligated to pay Rent or perform its other obligations until it receives possession of the Premises. If possession is not delivered within sixty days after the commencement date, Sublessee may, at its option, by notice in writing within ten days after the end of such sixty day period, cancel this Sublease, in which event the Parties shall be discharged from all obligations hereunder. If such written notice is not received by Sublessor within said ten day period, Sublessee's right to cancel shall terminate. Except as otherwise provided, if possession is not tendered to Sublessee when required and Sublessee does not terminate this Sublease, as aforesaid, any period of rent abatement that Sublessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to what Sublessee would otherwise have enjoyed under the terms hereof, but minus any days of delay caused by the acts or omissions of Sublessee. If possession is not delivered within 120 days after the commencement date, this Sublease shall automatically terminate unless the Parties agree, in writing, to the contrary. 4.

Delay in Commencement. Sublessor agrees Landlord shall not be liable to use its best commercially reasonable efforts Tenant or any third party for failure to deliver possession of the Premises by Rented Space to Tenant on or before the commencement date. IfCommencement Date, despite said efforts, Sublessor if such failure is unable to deliver possession as agreed, Sublessor shall not be subject due to any liability thereforof the following: (i) labor disputes and/or material shortages; (ii) force majeure or acts of God, nor including but not limited to abnormal weather conditions; (iii) the hold over or retention of possession of any other tenant, tenants, or occupants; or (iv) any other circumstances beyond Landlord's reasonable control. Under such circumstances, the Base Rent shall be abated until the Rented Space is available for occupancy by Xxxxxx, and no such failure to give possession on the Commencement Date shall affect the validity of this Sublease. Sublessee shall not, however, be obligated to pay Rent Lease or perform its other obligations until it receives possession the obligation of the PremisesTenant under this Lease. If At the option of Landlord, to be exercised within thirty (30) days of the Commencement Date, the Lease may be amended so that the Term is extended by the period of time possession by Tenant is delayed. The Rented Space shall not delivered within sixty days after be deemed to be unready for Tenant's occupancy or incomplete if: (i) only minor or insubstantial details of construction, decoration or mechanical adjustment remain to be done in the commencement date, Sublessee may, at its option, by notice Rented Space or any part of the Rented Space; (ii) the delay in writing within ten days after the end availability of such sixty day period, cancel this Sublease, in which event the Parties Rented Space for occupancy shall be discharged from all obligations hereunder. If such written notice due to special work, changes, alterations or additions required or made by Tenant in the layout or finish of the Rented Space or any part thereof; (iii) the delay is not received by Sublessor within said ten day period, Sublessee's right to cancel shall terminate. Except as otherwise provided, if possession is not tendered to Sublessee when required and Sublessee does not terminate this Sublease, as aforesaid, any period of rent abatement that Sublessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to what Sublessee would otherwise have enjoyed under the terms hereof, but minus any days of delay caused in whole or in part by the acts delay of Tenant in submitting plans, supplying information, approving plans, specifications or omissions estimates, giving authorizations or otherwise; or (iv) the delay is caused in whole or in part by delay and/or default on the part of SublesseeTenant and/or its subtenant or subtenants. If possession is not delivered within 120 days after In the commencement dateevent of any dispute as to whether the Rented Space are ready for Xxxxxx's occupancy, this Sublease the decision of the Landlord's architect shall automatically terminate unless be final and binding on the Parties agree, in writing, to the contraryparties.

Delay in Commencement. Sublessor agrees to use its best commercially reasonable efforts to Notwithstanding the Commencement Date (as set forth in Section 1.7 above), if for any reason Landlord does not deliver possession of the Premises by to Tenant on or before the commencement date. Ifanticipated Commencement Date set forth in Section 1.7 above, despite said efforts, Sublessor is unable to deliver possession as agreed, Sublessor Landlord shall not be subject to any liability therefor, nor shall such failure affect the validity of this SubleaseLease or the obligations of Tenant hereunder. Sublessee shall notNotwithstanding the foregoing or anything to the contrary contained herein, however, be obligated if Landlord is unable to pay Rent or perform its other obligations until it receives deliver possession of the Premises to Tenant on or before the anticipated Commencement Date set forth in Section 1.7 above as a direct, indirect, partial or total result of a delay caused by or resulting from any act or omission by Tenant (a “Tenant Delay”), then notwithstanding anything to the contrary set forth in this Lease and regardless of the actual date of the Substantial Completion of the Landlord Work in the Premises. If possession is not delivered within sixty days after , the commencement date, Sublessee may, at its option, by notice in writing within ten days after the end date of such sixty day period, cancel this Sublease, in which event the Parties Substantial Completion thereof shall be discharged from all obligations hereunderdeemed to be the date that Substantial Completion would have occurred if no Tenant Delay or Delays, as set forth above, had occurred. Notwithstanding the foregoing, no Tenant Delay pursuant to this Section 3.2 shall be deemed to have occurred unless and until Landlord has provided written notice to Tenant specifying the action or inaction that Landlord contends constitutes a Tenant Delay. If such action or inaction is not cured within one (1) day after receipt of such notice, then a Tenant Delay, as set forth in such notice, shall be deemed to have occurred commencing as of the date such notice is received and continuing for the number of days the Landlord Work in the Premises was in fact delayed as a result of such action or inaction. Within ten (10) days after Landlord’s request, Tenant shall execute an Acceptance of Landlord Work Letter Agreement pursuant to which Tenant shall accept the Landlord Work and the Premises and certify to Landlord the date on which Landlord gave Tenant written notice is that the Landlord Work (as defined in the Work Letter) was Substantially Complete, the actual Commencement Date, the date on which Tenant took possession, or was deemed and construed to have taken possession, of the Premises, the date on which Tenant first began to conduct its business in the Premises, and the actual Expiration Date, but this Lease and the respective obligations of the parties hereto shall not received by Sublessor within said ten day period, Sublessee's right to cancel shall terminate. Except as otherwise provided, be affected in any manner if possession is not tendered to Sublessee when required and Sublessee Tenant does not terminate this Sublease, as aforesaid, any period execute such Acceptance of rent abatement that Sublessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to what Sublessee would otherwise have enjoyed under the terms hereof, but minus any days of delay caused by the acts or omissions of Sublessee. If possession is not delivered within 120 days after the commencement date, this Sublease shall automatically terminate unless the Parties agree, in writing, to the contraryLandlord Work Letter Agreement.

Delay in Commencement. Sublessor agrees to use its best commercially reasonable efforts to Notwithstanding the Commencement Date, if for any reason Lessor cannot deliver possession of the Premises by the commencement to Xxxxxx on said date. If, despite said efforts, Sublessor is unable to deliver possession as agreed, Sublessor Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Sublease. Sublessee Lease or the obligations of Lessee hereunder or extend the Term hereof, but in such case Lessee shall not, however, not be obligated to pay Rent or perform its other obligations rent until it receives possession of the Premises. If Premises is tendered to Lessee; provided, however, that if Lessor shall not have delivered possession is not delivered of the Premises within sixty (60) days after from the commencement dateCommencement Date and such delay is absent of force majeure or otherwise, Sublessee Lessee may, at its Lessee’s option, by notice in writing to Lessor within ten (10) days after the end of such sixty day periodthereafter, cancel this SubleaseLease, in which event the Parties parties shall be discharged from all obligations hereunder. If Lessee occupies the Premises prior to the Commencement Date, such written notice is occupancy shall be subject to all provisions hereof; such occupancy shall not received advance the Expiration Date, and Lessee shall pay rent from its date of occupancy at the initial monthly rates set forth below. If Lessor, by Sublessor reason of force majeure or otherwise, cannot deliver the Premises within said ten day period, Sublessee's right to cancel shall terminate. Except as otherwise provided, if possession is not tendered to Sublessee when required and Sublessee does not terminate this Sublease, as aforesaid, any period of rent abatement that Sublessee would otherwise have enjoyed shall run ninety (90) days from the date of delivery of possession and continue Commencement Date, Lessor or Lessee may, at their respective options, by notice in writing within ten (10) days thereafter, cancel this Lease. In the event Lessor is required to improve the Premises as described on Exhibit “B” attached hereto, Xxxxxx agrees to use reasonable diligence to have the Premises ready for a period equal to what Sublessee would otherwise have enjoyed under occupancy on or before the terms hereof, but minus any days of delay caused by the acts or omissions of Sublessee. If possession is not delivered within 120 days after the commencement date, this Sublease shall automatically terminate unless the Parties agree, in writing, to the contraryCommencement Date.

Delay in Commencement. Sublessor agrees to use its best commercially reasonable efforts to deliver possession of the Premises by the commencement date. If, despite said efforts, Sublessor is unable to deliver possession as agreed, Sublessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Sublease. Sublessee shall not, however, be obligated to pay Rent or perform its other obligations until it receives possession of the Premises. If possession is not delivered within sixty days after the commencement date, Sublessee may, at its option, by notice in writing within ten days after the end of such sixty day period, cancel this Sublease, in which event the Parties shall be discharged from all obligations hereunder. , If such written notice is not received by Sublessor within said ten day period, Sublessee's right to cancel shall terminate. Except as otherwise provided, if possession is not tendered to Sublessee when required and Sublessee does not terminate this Sublease, as aforesaid, any period of rent abatement that Sublessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to what Sublessee would otherwise have enjoyed under the terms hereof, but minus any days of delay caused by the acts or omissions of Sublessee. If possession is not delivered within 120 days after the commencement date, this Sublease shall automatically terminate unless the Parties agree, in writing, to the contrary.

Delay in Commencement. Sublessor agrees Landlord will deliver the Premises to Tenant upon LI Substantial Completion. Landlord shall use its best commercially reasonable efforts to deliver possession achieve LI Substantial Completion on or before May 15, 2017 (the “Target Delivery Date”), subject to Force Majeure (pursuant to Section 13.13) and Tenant Delays (as defined in Section 22.01). Each day of delay due to Tenant Delay and/or Force Majeure events (under either this Lease and/or the Premises Parking Lease) shall extend the Target Delivery Date by one (1) day, provided that Landlord provides written notice to Tenant of any claimed Force Majeure delay not later than ten (10) business days following the commencement date. If, despite said efforts, Sublessor is unable to deliver possession as agreed, Sublessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Sublease. Sublessee shall not, however, be obligated to pay Rent or perform its other obligations until it receives possession of the Premises. If possession is not delivered within sixty days after the commencement date, Sublessee may, at its option, by notice in writing within ten days after the end of such sixty day period, cancel this Sublease, in which event the Parties shall be discharged from all obligations hereunder. If such written notice is not received by Sublessor within said ten day period, Sublessee's right to cancel shall terminatethereof. Except as otherwise providedset forth herein, if possession is Landlord shall not tendered be liable to Sublessee when required Tenant in the event Landlord fails to achieve LI Substantial Completion by the Target Delivery Date and Sublessee does such failure shall not terminate affect this Sublease, as aforesaid, any period Lease or the obligations of rent abatement Tenant under this Lease except that Sublessee would otherwise have enjoyed the Base Rent Commencement Date shall run from the date of delivery of possession and continue be extended for a period equal to what Sublessee would otherwise have enjoyed under the terms hereof, but minus any days delay in Landlord’s achievement of delay caused LI Substantial Completion beyond the Target Delivery Date. If the entire Premises is not made available to Tenant by the acts or omissions Target Delivery Date, as may be extended by Force Majeure and Tenant Delays, then Tenant shall be entitled to an abatement of SublesseeBase Rent equal to one (1) day of Base Rent for each day until the entire Premises are made available to Tenant in the condition required hereunder. If possession is the Premises are not delivered by July 31, 2017 (the “Termination Date”), as may be extended due to Force Majeure (up to an aggregate maximum of ninety (90) days) and Tenant Delays (without limitation), Tenant may elect to terminate this Lease by providing notice to Landlord within 120 ten (10) business days after following the commencement date, this Sublease shall automatically terminate unless the Parties agree, in writing, Termination Date but prior to the contrarydate that the entire Premises are actually delivered to Tenant in the condition required herein. In the event of such termination, Tenant shall be entitled to the return of all Rent that it has paid to Landlord up to the date of termination and shall be required to reimburse Landlord for all costs and fees paid or to be paid by Landlord that are attributable to any and all alterations, modifications and/or improvements to the Premises requested or approved in writing by Tenant with respect to Tenant’s use and/or occupancy of the Premises. In the event of termination pursuant to this Section 2.03, Landlord shall have no obligation to fund the TI Allowance (defined in Section 22.02). If only a portion of the Premises is ready for Tenant’s occupancy, Tenant may elect to occupy such portion while also earning Base Rent abatements for the unoccupied portion under this Section 2.03 until the date that the entire Premises are delivered to Tenant in the condition required hereunder. Prior to any occupancy by Tenant of only a portion of the Premises as described above, Tenant must first obtain the consent of Landlord (in Landlord’s sole and absolute discretion) and Landlord and/or Tenant must first have obtained all necessary City of Fairfield (“City”) approvals necessary for such partial occupancy.

Delay in Commencement. Sublessor agrees The parties acknowledge the necessity for Landlord to provide Tenant with the notice specified herein in order that Tenant shall have adequate time to, among other things, hire personnel, purchase and arrange for delivery of merchandise, perform Tenant's improvements and fixturing of the Property and enter into other commitments required to timely occupy and conduct business within the Property. At least sixty (60) calendar days prior to the Access Date, Landlord must notify Tenant in writing (the "Access Date Notice") as to when the Access Date is anticipated to occur (the "Anticipated Access Date"). The Anticipated Access Date shall be November 1, 2001. If the Anticipated Access Date occurs after November 1, 2001, the parties acknowledge that Tenant will suffer damage arising from Tenant's need to make efficient use of the Property upon the Access Date, hire personnel, fixture the Property, and the like, as well as Tenant's need to commence operations on the Property to conduct its best commercially reasonable efforts business and serve its retail stores with the product to be received into and distributed from the Property. As it would be impractical or extremely difficult to fix actual damages in the event of Landlord's breach under this Section 3.03, the parties agree that in the event of a breach by Landlord of its obligations under this Section 3.03, TENANT SHALL BE ENTITLED TO AND LANDLORD SHALL PAY TO TENANT ON THE FIRST DAY OF EACH CALENDAR MONTH FOLLOWING NOVEMBER 1, 2001, AS LIQUIDATED DAMAGES (THE "LIQUIDATED DAMAGES") THE SUM OF FIVE THOUSAND DOLLARS ($5,000) PER DAY FOR EACH DAY OF DELAY IN THE ACCESS DATE BEYOND NOVEMBER 1, 2001 (LESS ALL SUCH LIQUIDATED DAMAGES EARLIER PAID, IF ANY); PROVIDED, HOWEVER, LIQUIDATED DAMAGES PAYABLE UNDER THIS SECTION 3.03 SHALL NOT EXCEED IN THE AGGREGATE NINE HUNDRED THOUSAND DOLLARS ($ 900,000). Illegible Illegible -------------------- ------------------------ Landlord's Initials Tenant's Initials Xxxxxxxx's failure to deliver possession the Property to Tenant on the date set forth in the Access Date Notice shall permit Tenant to terminate this Lease in the event that the Access Date has not occurred on or before May 1, 2002, extended by one day for each day of any force majeure delay, by written notice of Xxxxxx's election to so terminate the Lease delivered to Landlord at any time prior to the occurrence of the Premises by the commencement date. If, despite said efforts, Sublessor is unable to deliver possession as agreed, Sublessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Sublease. Sublessee shall not, however, be obligated to pay Rent or perform its other obligations until it receives possession of the Premises. If possession is not delivered within sixty days after the commencement date, Sublessee may, at its option, by notice in writing within ten days after the end of such sixty day period, cancel this Sublease, in which event the Parties shall be discharged from all obligations hereunder. If such written notice is not received by Sublessor within said ten day period, Sublessee's right to cancel shall terminate. Except as otherwise provided, if possession is not tendered to Sublessee when required and Sublessee does not terminate this Sublease, as aforesaid, any period of rent abatement that Sublessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to what Sublessee would otherwise have enjoyed under the terms hereof, but minus any days of delay caused by the acts or omissions of Sublessee. If possession is not delivered within 120 days after the commencement date, this Sublease shall automatically terminate unless the Parties agree, in writing, to the contraryAccess Date.

Delay in Commencement. Sublessor agrees to use its best commercially reasonable efforts to Notwithstanding the scheduled Commencement Date, if for any reason Lessor cannot deliver possession of the Premises by the commencement to Lessee on said date. If, despite said efforts, Sublessor is unable to deliver possession as agreed, Sublessor Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Sublease. Sublessee Lease or the obligations of Lessee hereunder, but in such case Lessee shall not, however, not be obligated to pay Rent or perform its other obligations until it receives possession of the Premises. If Premises is tendered to Lessee and the Commencement Date has occurred; provided, however, that if Lessor shall not have delivered possession of the Premises within 90 days from the scheduled Commencement Date and such delay is not delivered within sixty days after the commencement dateabsent of Force Majeure (as defined in Section 26), Sublessee Lessee may, at its Lessee’s option, by notice in writing to Lessor within ten 10 business days after the end of such sixty day periodthereafter, cancel this SubleaseLease, in which event the Parties parties shall be discharged from all obligations hereunder. If such written notice is Lessor, by reason of Force Majeure, cannot received by Sublessor within said ten day period, Sublessee's right to cancel shall terminate. Except as otherwise provided, if possession is not tendered to Sublessee when required and Sublessee does not terminate this Sublease, as aforesaid, any period of rent abatement that Sublessee would otherwise have enjoyed shall run from deliver the date of delivery of possession and continue for a period equal to what Sublessee would otherwise have enjoyed under the terms hereof, but minus any days of delay caused by the acts or omissions of Sublessee. If possession is not delivered Premises within 120 days from the scheduled Commencement Date, Lessor or Lessee may, at their respective options, by notice in writing within 10 business days thereafter, cancel this Lease. Subject to the terms of this Section 3.2, in the event Lessor is unable to deliver possession of the Premises to Lessee on the scheduled Commencement Date, the scheduled Commencement Date shall be extended on a day for day basis until possession is delivered to Lessee, and such extended Commencement Date shall thereupon become the actual Commencement Date. Promptly after the commencement dateactual Commencement Date has occurred, this Sublease the parties shall automatically terminate unless the Parties agree, in writing, to the contraryexecute a certificate memorializing such dates.

Delay in Commencement. Sublessor agrees to use its best commercially reasonable efforts to deliver possession of the Premises by the commencement date. If, despite said efforts, Sublessor is unable to deliver possession as agreed, Sublessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Sublease. Sublessee shall not, however, be obligated to pay Rent or perform its other obligations until it receives possession of the Premises. If possession is not delivered within sixty thirty days after the commencement date, Sublessee may, at its option, by notice in writing within ten days after the end of such sixty thirty day period, cancel this Sublease, in which event the Parties shall be discharged from all obligations hereunder. If such written notice is not received by Sublessor within said ten day period, Sublessee's right to cancel shall terminate. Except as otherwise provided, if possession is not tendered to Sublessee when required and Sublessee does not terminate this Sublease, as aforesaid, any period of rent abatement that Sublessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to what Sublessee would otherwise have enjoyed under the terms hereof, but minus any days of delay caused by the acts or omissions of Sublessee. If possession is not delivered within 120 days after the commencement date, this Sublease shall automatically terminate unless the Parties agree, in writing, to the contrary.

Delay in Commencement. Sublessor agrees to use its best commercially reasonable efforts to deliver possession of the Premises by the commencement date. If, despite said efforts, Sublessor is unable to deliver possession as agreed, Sublessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Sublease. Sublessee shall not, however, be obligated to pay Rent or perform its other obligations until it receives possession of the Premises. If possession is not delivered within sixty (30) days after the commencement date, Sublessee may, at its option, by notice in writing within ten days after the end of such sixty (30) day period, cancel this Sublease, in which event the Parties shall be discharged from all obligations hereunder. If such written notice is not received by Sublessor within said ten day period, Sublessee's right to cancel shall terminate. Except as otherwise provided, if possession is not tendered to Sublessee when required and Sublessee does not terminate this Sublease, as aforesaid, any period of rent rend abatement that Sublessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to what Sublessee would otherwise have enjoyed under the terms hereof, but minus any days of delay caused by the acts or omissions of Sublessee. If possession is not delivered within 120 (60) days after the commencement date, this Sublease shall automatically terminate unless the Parties agree, in writing, to the contrary.

Delay in Commencement. Sublessor agrees to use its best commercially reasonable efforts to deliver possession of the Premises by the commencement date. If, despite said efforts, Sublessor is unable to deliver possession as agreed, Sublessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Sublease. Sublessee shall not, however, be obligated to pay Rent or perform its other obligations until it receives possession of the Premises. If possession is not delivered within sixty days after the commencement date, . Sublessee may, at its option, by notice in writing within ten days after the end of such sixty day period, cancel this Sublease, in which event the Parties shall be discharged from all obligations hereunder. If such written notice is not received by Sublessor within said ten day period, Sublessee's right to cancel shall terminate. Except as otherwise provided, if possession is not tendered to Sublessee when required and Sublessee does not terminate this Sublease, as aforesaid, any period of rent abatement that Sublessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to what Sublessee would otherwise have enjoyed under the terms hereof, but minus any days of delay caused by the acts or omissions of Sublessee. If possession is not delivered within 120 days after the commencement date, this Sublease shall automatically terminate unless the Parties agree, in writing, to the contrary.

Delay in Commencement. Sublessor Tenant agrees to use its best commercially reasonable efforts that in the event of the inability of Landlord for any reason to deliver possession of the Premises by to Tenant on said Commencement Date set forth in Paragraph LS of the commencement date. IfBasic Lease Provisions, despite said efforts, Sublessor is unable to deliver possession as agreed, Sublessor Landlord shall not be subject to liable for any liability therefor, damage thereby nor shall such failure inability affect the validity of this Sublease. Sublessee Lease or the obligations of Tenant hereunder, but in such case Tenant shall not, however, not be obligated to pay Rent rent or perform its other obligations monetary sums until it receives possession of the PremisesPremises is tendered to Tenant, provided that if the delay in delivery of possession exceeds thirty (30) days, then the expiration date of the term of the Lease shall be extended by the period of time computed from the scheduled commencement date to the date possession is tendered. If possession is not delivered within sixty days after Tenant occupies the Premises prior to said commencement date, Sublessee may, at its option, by notice in writing within ten days after the end of such sixty day period, cancel this Sublease, in which event the Parties occupancy shall be discharged from subject to all obligations hereunderprovisions hereof, such occupancy shall not advance the termination date, and Tenant shall pay Base Rent and Additional Rent for such period at the initial monthly rates as set forth in this Lease. If Notwithstanding the foregoing, Tenant shall be allowed to enter the Premises prior to the Commencement Date for the purpose of installing its furniture, fixtures and equipment, with no obligation to pay rent, as long as such written notice is not received by Sublessor within said ten day period, Sublessee's right to cancel shall terminate. Except as otherwise provided, if possession is not tendered to Sublessee when required and Sublessee entrance or installation does not terminate this Sublease, as aforesaid, any period interfere or delay Landlord's completion of rent abatement that Sublessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to what Sublessee would otherwise have enjoyed under the terms hereof, but minus any days of delay caused by the acts or omissions of Sublessee. If possession is not delivered within 120 days after the commencement date, this Sublease shall automatically terminate unless the Parties agree, Landlord's work in writing, to the contraryaccordance with Exhibit "C" attached hereto.

Delay in Commencement. Sublessor agrees to use its best commercially reasonable efforts to Notwithstanding said Commencement Date, if for any reason Landlord cannot deliver possession of the Premises by the commencement to Tenant on said date. If, despite said efforts, Sublessor is unable to deliver possession as agreed, Sublessor Landlord shall not be subject to any liability therefor, nor shall such failure affect the validity of this SubleaseLease or the obligations of Tenant hereunder. Sublessee However, in such case Tenant shall not, however, not be obligated to pay Rent or perform its other obligations rent until it receives possession of the PremisesPremises is tendered to Tenant, which date shall be the new Commencement Date, and the Expiration Date shall be thirty-six (36) months after the new Commencement Date. If possession In the event the Tenant is not delivered within sixty notified of Delivery of Possession on or before February 15, 2000, the Commencement Date shall be delayed to April 1, 2000, provided the Landlord has a temporary Certificate of Occupancy and further provided that the Landlord has notified the Tenant of Delivery of Possession. Notwithstanding the foregoing, if the Tenant is informed of Delivery of Possession after February 15, 2000 and on or before March 15, 2000, while the Commencement Date shall be delayed to April 1, 2000, the Tenant shall not be entitled to the fifteen (15) days of free rent as provided by Section 1.7. In the event the Tenant is notified of Delivery of Possession after March 15, 2000 and before April 1, 2000, while the Commencement Date shall be fifteen (15) days after Tenant is notified of Delivery of Possession, the commencement dateTenant shall be entitled to free rent, Sublessee maynot to exceed fifteen (15) days, at its optionfor the number of days from March 16, by notice 2000 to the date the Tenant is notified of Delivery of Possession. Upon Landlord's request, the parties agree to execute in writing within ten days after an Addendum to certify the end of such sixty day period, cancel this Sublease, in which event the Parties shall be discharged from all obligations hereunder. If such written notice is not received by Sublessor within said ten day period, Sublessee's right to cancel shall terminate. Except as otherwise provided, if possession is not tendered to Sublessee when required Commencement Date and Sublessee does not terminate this Sublease, as aforesaid, any period of rent abatement that Sublessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to what Sublessee would otherwise have enjoyed under the terms Expiration Date hereof, but minus this Lease shall not be affected in any days manner if either party fails or refuses to execute such Addendum. In the event Landlord fails to deliver possession by May 1, 2000, Tenant may terminate this Lease and all further obligations of delay caused the parties to one another hereunder shall be void, and Tenant shall be entitled to a refund of all costs incurred and paid by the acts Tenant for Tenant Finish in excess of costs paid by the Landlord under the Tenant Finish Allowance; provided, however, so long as Landlord has proceeded in good faith and with due diligence to prosecute completion of all work reasonably necessary for occupancy by Tenant, such May 1, 2000 date shall be extended a reasonable period of time due to: labor or omissions material shortages, labor disputes, fire, weather, unusual delays in transportation, unavoidable casualties, any act or negligence of SublesseeTenant, any delay in provision of requisite plans or documents from Tenant, any changes ordered by Tenant, or any other causes beyond the reasonable control of Landlord. If possession is Tenant agrees to supply all Space Plans and Tenant Finish Specifications where directed by Tenant to Landlord and Landlord's contractor by November 1, 1999. In the event the Space Plans and Specifications are not delivered within 120 days after the commencement submitted by such date, this Sublease then rent shall automatically terminate unless begin to accrue hereunder not later than April 1, 2000. It is the Parties agree, in writing, intent hereof that both Landlord and Tenant proceed diligently and without unreasonable delay to complete construction of the contraryProperty and to prepare it for occupancy at the earliest reasonable time.

Delay in Commencement. Sublessor agrees Despite the stated Commencement Date, the Landlord shall not be liable to use its best commercially reasonable efforts to Tenant and this Lease (including the stated Termination Date) and the Tenant obligations under this Lease shall be unaffected if for any reason Landlord does not deliver possession of the Premises by to Tenant on the commencement date. IfCommencement Date, despite said efforts, Sublessor is unable to deliver possession as agreed, Sublessor but in such case Tenant shall not be subject to any liability therefor, nor shall such failure affect the validity of this Sublease. Sublessee shall not, however, be obligated have no obligation to pay Rent or perform its other obligations rent until it receives Landlord delivers possession of the PremisesPremises to Tenant. If possession is Landlord has not delivered within sixty possession of the Premises to Tenant by ten (10) days after the commencement datestated Commencement Date and until Landlord does deliver possession to the Premises to Tenant, Sublessee mayTenant may elect by written notice to Landlord cancel this Lease. If the Landlord shall not have delivered possession of the Premises within one (1) year from the Commencement Date, at its option, Landlord may by notice in writing within ten days after the end of such sixty day period, to Tenant cancel this SubleaseLease. If either party elects to so cancel the Lease, in which event Landlord shall return any money previously deposited by Tenant and the Parties parties shall be discharged from all obligations hereunder. If such written notice is not received by Sublessor within said ten day periodIn no event, Sublessee's however, shall Tenant have the right to cancel shall terminatethis Lease because of any delay in delivering possession of the Premises because of any act of God or the elements; shortage or unavailability of necessary materials, supplies, or labor; shortage of or interruption in transportation of facilities; regulations or restriction; or any other cause beyond Landlord's reasonable control. Except as otherwise provided, if possession is not tendered to Sublessee when required and Sublessee does not terminate this Sublease, as aforesaid, any period of rent abatement that Sublessee would otherwise have enjoyed shall run from In the date of event delivery of possession of the Premises is delayed beyond the stated Commencement Date, the stated Commencement Date and continue for a period equal to what Sublessee would otherwise have enjoyed under the terms hereof, but minus any stated Termination Date each shall be extended by the number of days of delay caused by the acts or omissions of Sublessee. If possession is not delivered within 120 days after the commencement date, this Sublease shall automatically terminate unless the Parties agree, in writing, to the contrarysuch delay.

Delay in Commencement. Sublessor agrees Unless due to use its best commercially reasonable efforts Landlord’s gross negligence or willful misconduct, Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Premises by to Tenant on the commencement dateCommencement Date. IfFor purposes of this Lease, despite said effortsLandlord shall be deemed to have delivered the Premises to Tenant when the Premises are made available for Tenant’s occupancy, Sublessor is unable the parties hereto acknowledging and agreeing that Tenant shall be liable for obtaining all permits, licenses, and other authorizations necessary to deliver possession as agreed, Sublessor permit Tenant to construct any Alterations in connection with its initial fit out of the Premises and to use and occupy the Premises for the use specified in this Lease in accordance with all applicable Laws. The obligations of Tenant under this Lease shall not be subject to any liability thereforaffected thereby, nor except that the Commencement Date shall such failure affect the validity of this Sublease. Sublessee shall not, however, be obligated to pay Rent or perform its other obligations delayed until it receives Landlord delivers possession of the Premises. If possession is not delivered within sixty days after Premises to Tenant, and the commencement date, Sublessee may, at its option, by notice in writing within ten days after the end Term of such sixty day period, cancel this Sublease, in which event the Parties Lease shall be discharged from all obligations hereunder. If such written notice is not received extended by Sublessor within said ten day period, Sublessee's right to cancel shall terminate. Except as otherwise provided, if possession is not tendered to Sublessee when required and Sublessee does not terminate this Sublease, as aforesaid, any period of rent abatement that Sublessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to what Sublessee would otherwise have enjoyed under the terms hereof, but minus any number of days of delay caused in delivery of possession of the Premises to Tenant, plus the number of days necessary to end the Term of this Lease on the last day of a month. Notwithstanding the foregoing, if the Commencement Date has not occurred on or before the thirty-first (31st) day following full execution and delivery of this Lease (the “Required Delivery Date”), Tenant, as its sole remedy, may terminate this Lease by giving Landlord written notice of termination at any time thereafter until the acts or omissions of SublesseeCommencement Date. If possession is not delivered within 120 days after the commencement dateIn such event, this Sublease Lease shall automatically terminate unless be deemed null and void and of no further force and effect and Landlord shall promptly refund any prepaid rent and Security Deposit previously advanced by Tenant under this Lease and the Parties agree, in writing, parties hereto shall have no further responsibilities or obligations to the contraryeach other with respect to this Lease.

Delay in Commencement. Sublessor agrees Landlord shall not be liable to use its best commercially reasonable efforts Tenant if Landlord does not deliver possession of the Premises to Tenant on the Commencement Date or if Landlord is not able to permit Tenant to enter the Premises (as a result of Landlord's failure to acquire the Premises from 3COM Corporation, a Delaware corporation, as successor-by-merger to U.S. Robotics Inc., a Delaware corporation ("Seller"), the performance of any remediation, removal or environmental clean up activities or for any other reason) prior to the Commencement Date as provided in Section 25.17 hereof for the limited purposes described therein. The obligations of Tenant under the Lease shall not thereby be affected, except that the Commencement Date shall be delayed until Landlord delivers possession of the Premises to Tenant, and the Lease Term shall be extended by a period equal to the number of days of delay in delivery of possession of the Premises to Tenant, plus the number of days necessary to end the Lease Term on the last day of a month. Notwithstanding the foregoing, if Landlord fails to deliver possession of the Premises to Tenant by July 15, 1998 (whether as a result of the failure to acquire the Premises or otherwise), Tenant shall have the right, as its sole remedy hereunder, at law, or in equity, to terminate this Lease by delivery of written notice to Landlord not later than five (5) business days hereafter. Tenant acknowledges and agrees that Landlord intends to perform a Phase II environmental site assessment at the Premises prior to the Commencement Date (the "Assessment"). If the performance of any cleanup, remediation or removal activities recommended by the commencement date. If, despite said efforts, Sublessor is unable to deliver possession as agreed, Sublessor shall not be subject to any liability therefor, nor shall such failure affect Assessment ("Clean Up Activities") at the validity of this Sublease. Sublessee shall not, however, be obligated to pay Rent Premises by Landlord unreasonably disturbs (or perform its other obligations until it receives possession prevents) Tenant's use and occupancy of the Premises. If possession is , Tenant shall have the right, as its sole remedy hereunder, at law or in equity, to terminate this Lease by delivery of written notice to Landlord not delivered within sixty later than five (5) business days after the commencement dateof Clean Up Activities, Sublessee may, at its option, by notice in writing within ten days after the end of such sixty day period, cancel this Sublease, in which event the Parties shall be discharged from all obligations hereunder. If such written notice is not received by Sublessor within said ten day period, Sublessee's right to cancel shall terminate. Except as otherwise provided, if possession is however, that the foregoing provision shall in no event apply to any cleanup, remediation of removal activities not tendered to Sublessee when required and Sublessee does not terminate this Sublease, as aforesaid, any period of rent abatement that Sublessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to what Sublessee would otherwise have enjoyed under the terms hereof, but minus any days of delay caused recommended by the acts or omissions of Sublessee. If possession is not delivered within 120 days after the commencement date, this Sublease shall automatically terminate unless the Parties agree, in writing, to the contraryAssessment.

Delay in Commencement. Sublessor agrees to use its best commercially reasonable efforts to Notwithstanding the scheduled Commencement Date, if for any reason Lessor cannot deliver possession of the Premises by the commencement date. Ifto Lessee on said date with Lessor’s Work (as defined below) Substantially Complete (as defined below), despite said efforts, Sublessor is unable to deliver possession as agreed, Sublessor Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Sublease. Sublessee Lease or the obligations of Lessee hereunder, but in such case Lessee shall not, however, not be obligated to pay Rent or perform its other obligations until it receives possession of the Premises. If Premises is tendered to Lessee (with Lessor’s Work Substantially Complete) and the Commencement Date has occurred; provided, however, that if Lessor shall not have delivered possession of the Premises (with Lessor’s Work Substantially Complete) within 90 days from the scheduled Commencement Date and such delay is not delivered within sixty days after the commencement dateabsent of Force Majeure (as defined in Section 26), Sublessee Lessee may, at its Lessee’s option, by notice in writing to Lessor within ten 10 business days after the end of such sixty day periodthereafter, cancel this SubleaseLease, in which event the Parties parties shall be discharged from all obligations hereunder. If such written Lessor, by reason of Force Majeure, cannot deliver the Premises (with Lessor’s Work Substantially Complete) within 120 days from the scheduled Commencement Date, Lessor or Lessee may, at their respective options, by notice in writing within 10 business days thereafter, cancel this Lease. In the event Lessor is not received by Sublessor within said ten day periodrequired to improve the Premises in the manner described on Exhibit “B” attached hereto (“Lessor’s Work”), Sublessee's right Lessor agrees to cancel shall terminate. Except as otherwise provided, if possession use reasonable diligence to have Lessor’s Work Substantially Complete on or before the date that is not tendered to Sublessee when required and Sublessee does not terminate this Sublease, as aforesaid, any period of rent abatement that Sublessee would otherwise have enjoyed shall run from 75 days after the date of delivery execution of possession and continue for a period equal this Lease by Lessor (the “Lessor’s Work Completion Date”). Subject to what Sublessee would otherwise have enjoyed under the terms hereofof this Section 3.2, but minus any days in the event Lessor is unable to deliver possession of delay caused by the acts or omissions of Sublessee. If Premises to Lessee with Lxxxxx’s Work Substantially Complete on the scheduled Commencement Date, the scheduled Commencement Date shall be extended on a day for day basis until possession is not delivered within 120 days to Lessee, and such extended Commencement Date shall thereupon become the actual Commencement Date. Promptly after the commencement dateactual Commencement Date has occurred, this Sublease the parties shall automatically terminate unless the Parties agree, in writing, to the contraryexecute a certificate memorializing such dates.

Delay in Commencement. Sublessor agrees to use its best commercially reasonable efforts If Landlord fails to deliver possession the last of the Premises with the last of the Tenant Improvements described in Exhibit D substantially complete by the commencement date. If"Anticipated Commencement Date" due to the fault of the Landlord or due to the occurrence of an event of force majeure, despite said efforts, Sublessor is unable to deliver possession as agreed, Sublessor Landlord shall not be subject to any liability therefor, nor shall such failure affect the validity considered in default of this Sublease. Sublessee Lease, but the Commencement Date shall not, however, be obligated to pay Rent or perform its other obligations deferred until it receives possession the last of the PremisesPremises are so delivered, subject however to Tenant's rights under Section 2.3 above. Tenant shall be considered to have caused any delay in the preparation of the Premises resulting from Tenant's failure to sign this Lease on or before the Construction Information Submittal Date specified in Exhibit D or, in the alternative, to provide Landlord by such date a written agreement in form and content satisfactory to Landlord guarantying Tenant will pay Landlord for any and all costs incurred in connection with the work done prior to execution of this Lease to prepare the Premises for Tenant. If possession is the last of the Tenant Improvements are not delivered within sixty days after completed on the commencement date, Sublessee may, at its option, by notice in writing within ten days after "Anticipated Commencement Date" due to (i) the end failure of such sixty day period, cancel this Sublease, in which event the Parties shall be discharged from all obligations hereunder. If such written notice is not received by Sublessor within said ten day period, Sublessee's right Tenant to cancel shall terminate. Except as otherwise provided, if possession is not tendered fulfill any obligation pursuant to Sublessee when required and Sublessee does not terminate this Sublease, as aforesaid, any period of rent abatement that Sublessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to what Sublessee would otherwise have enjoyed under the terms hereofof this Lease or any exhibit hereto, but minus including without limitation, Tenant's failure to comply with the Construction Information Submittal Dates and Construction Approval Dates specified in Exhibit D, or (ii) any days changes in the Tenant Improvements requested by Tenant after Landlord's approval of delay caused by the acts plans, or omissions of Sublessee. If possession is not delivered within 120 days after the commencement date, this Sublease shall automatically terminate unless the Parties agree, in writing, to the contrary.(iii) any

Delay in Commencement. Sublessor Tenant agrees to use its best commercially reasonable efforts that in the event of the inability of Landlord for any reason to deliver possession of the Premises by to Tenant on the commencement date. Ifdate set forth in Paragraph 2.1, despite said efforts, Sublessor is unable to deliver possession as agreed, Sublessor Landlord shall not be subject to liable for any liability therefor, damage thereby nor shall such failure inability affect the validity of this Sublease. Sublessee Lease or the obligations of Tenant hereunder, but in such case Tenant shall not, however, not be obligated to pay Rent rent or perform its other obligations monetary sums until it receives (i) Landlord has substantially completed the "Tenant Improvements" (as defined in Exhibit C) in accordance with the approved plans therefor and there remain no uncompleted items that would adversely affect Tenant's use of the Premises, and (ii) Landlord is legally able to and has delivered possession of the PremisesPremises to Tenant. If In the event Landlord shall not have delivered possession is not delivered of the Premises within sixty (60) days after from the scheduled commencement date, Sublessee may, then Tenant at its option, by notice in writing to be exercised within ten thirty (30) days after the end of such said sixty (60) day period, cancel may terminate this SubleaseLease and, in which event upon Landlord's return of any monies previously deposited by Tenant, the Parties parties shall have no further rights or liabilities toward each other. If Tenant elects to terminate the Lease pursuant to this paragraph, Landlord shall refund to Tenant all prepaid rent, and other monies paid by Tenant under the Lease, and neither party shall bear any further rights or obligations under the Lease. Tenant shall be discharged from all obligations hereunderunder no obligation to make any rental payments hereunder until Landlord has complied with items (i) and (ii) above. If such written notice is Notwithstanding anything to the contrary in the Lease, acceptance of the Premises shall not received by Sublessor within said ten day period, Sublesseebe deemed a waiver of Tenant's right to cancel have defects in materials, design, construction, and equipment repaired at Landlord's expense. Tenant shall terminategive notice to Landlord whenever any such defects become reasonably apparent, and Landlord shall repair such defects as soon as practicable. Except as otherwise providedEffective upon completion of the Premises, if possession is not tendered to Sublessee when required Landlord hereby warrants that the construction of the Tenant Improvements and Sublessee does not terminate this Sublease, as aforesaid, any period of rent abatement that Sublessee would otherwise have enjoyed shall run from Building was performed in accordance with the date of delivery of possession and continue for a period equal to what Sublessee would otherwise have enjoyed under the terms hereof, but minus any days of delay caused by the acts or omissions of Sublessee. If possession is not delivered within 120 days after the commencement date, this Sublease shall automatically terminate unless the Parties agreeplans therefor, in writinga good and workmanlike manner, and that all materials and equipment furnished conform to the contrarysaid plans and are otherwise of good quality.

Delay in Commencement. Sublessor agrees To the best of its knowledge, Landlord expects to use make delivery of the Premises within ninety (90) days of the completion of its best commercially reasonable efforts current renovations, estimated to be February 28, 2002 ("Delivery Date"). From the commencement date hereof until such date, Landlord and Tenant agree that Landlord shall deliver the following portion of the Premises to Tenant within ninety (90) days of the commencement date: 9,743 square feet of the Premises, to include: office space, unloading dock area, and shared restrooms, hallway and front reception area ("Temporary Premises"). Landlord shall be permitted to place its own receptionist in the reception area until the Delivery Date. Notwithstanding said commencement date, if for any reason Landlord cannot deliver possession of the Temporary Premises by the commencement to Tenant on said date. If, despite said efforts, Sublessor is unable to deliver possession as agreed, Sublessor Landlord shall not be subject to any liability therefor, nor shall such failure affect the validity of this Sublease. Sublessee Lease or the obligations of Tenant hereunder or extend the term hereof, but in such case Tenant shall not, however, not be obligated to pay Rent or perform its other obligations any rent until it receives possession of the Premises. If Temporary Premises is tendered to Tenant; provided, however, that if Landlord shall not have delivered possession is not delivered of the Temporary Premises within sixty ninety (90) days after the from said commencement date, Sublessee Tenant may, at its Tenant's option, by notice in writing to Landlord within ten (10) days after the end of such sixty day periodthereafter, cancel this SubleaseLease, in which event the Parties parties shall be discharged from all obligations hereunder. Upon Landlord's delivery of the Temporary Premises, Tenant shall pay a pro-rata portion of rent and any and all taxes, utilities, maintenance costs and insurance at the initial monthly rates set forth below, until such time as possession of the Premises is delivered to the Tenant, at which time Tenant shall pay rent and any and all taxes and insurance at the full initial rates. If Tenant occupies the Temporary Premises prior to said commencement date, such occupancy shall be subject to all provisions hereof, such occupancy shall not advance the termination date, and Tenant shall pay a pro-rata portion of rent and any and all taxes and insurance for such period at the initial monthly rates set forth below. Tenant's payment of pro-rata portion shall be in the form of reimbursement to Landlord. Such reimbursement shall be paid promptly upon Landlord's presentation of invoice. Tenant may reasonably request from Landlord verify records, receipts and documents detailing invoice charges. Notwithstanding the above, in no event shall Tenant be liable to Landlord for reimbursement of any portion of a late fee or other charge or penalty incurred by Landlord in the payment of its bills. Notwithstanding said Delivery Date, if for any reason Landlord cannot deliver possession of the Premises to Tenant on said date, Landlord shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Tenant hereunder or extend the term hereof, but in such case Tenant shall not be obligated to pay rent until possession of the Premises is tendered to Tenant; provided, however, that if Landlord shall not have delivered possession of the Premises within ninety (90) days from said Delivery Date, Tenant may, at Tenant's option, by notice in writing to Landlord within ten (10) days thereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder. If Tenant occupies the Premises prior to said Delivery Date, such written notice is not received by Sublessor within said ten day period, Sublessee's right occupancy shall be subject to cancel shall terminate. Except as otherwise provided, if possession is not tendered to Sublessee when required and Sublessee does not terminate this Sublease, as aforesaid, any period of rent abatement that Sublessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to what Sublessee would otherwise have enjoyed under the terms all provisions hereof, but minus any days of delay caused by such occupancy shall not advance the acts or omissions of Sublessee. If possession is not delivered within 120 days after the commencement termination date, this Sublease and Tenant shall automatically terminate unless pay rent for such period at the Parties agreeinitial monthly rates set forth below. Upon taking full possession of the Premises, in writing, to direct payment of such expenses is the contrarysole responsibility of Tenant.

Delay in Commencement. Sublessor agrees to use its best commercially reasonable efforts to Notwithstanding said commencement date, --------------------- if for any reason Landlord cannot deliver possession of the Premises by the commencement to Tenant on said date. If, despite said efforts, Sublessor is unable to deliver possession as agreed, Sublessor Landlord shall not be subject to any liability therefortherefore, nor shall such failure affect the validity of this Sublease. Sublessee Lease or the obligations of Tenant hereunder or extend the term hereof, but in such case Tenant shall not, however, not be obligated to pay Rent or perform its other obligations rent until it receives possession of the PremisesPremises is tendered to Tenant. If possession is not delivered within sixty days after the actual term commencement date be a date other than the scheduled term commencement date, Sublessee all dates set forth in this Lease Agreement shall be adjusted accordingly. However, if Landlord shall not have delivered possession of the Premises within one hundred twenty (120) sixty (60) days from said commencement date, Tenant may, at its Tenant's option, by notice in writing to Landlord within ten (10) days after the end of such sixty day periodthereafter, AT ANY TIME THEREAFTER BUT PRIOR TO THE ACTUAL ---------------------------------------------- DELIVERY OF POSSESSION, cancel this Subleaselease. If either party cancels as herein ----------------------- provided, in which event Landlord shall return any money previously deposited by Tenant and the Parties parties shall be discharged from all obligations hereunder. If such written notice is not received by Sublessor within said ten day periodIn no event, Sublessee's however, shall Tenant have the right to cancel shall terminate. Except this Lease because of any delay in delivering possession of the Premises as otherwise providedthe result of (i) any act of God or the elements, if possession is not tendered to Sublessee when required and Sublessee does not terminate this Sublease(ii) shortage or unavailability of necessary materials, as aforesaidsupplies, or labor, (iii) shortage of or interruption in transportation or facilities, (iv) regulations or restrictions, or (v) any period of rent abatement that Sublessee would otherwise have enjoyed shall run other cause beyond Landlord's reasonable control unless such delay exceeds one year from the date of delivery of possession and continue for a period equal to what Sublessee would otherwise have enjoyed under the terms hereof, but minus any days of delay caused by the acts or omissions of Sublessee. If possession is not delivered within 120 days after the said commencement date, this Sublease shall automatically terminate unless the Parties agree, in writing, then either party may cancel on written notice to the contraryother prior to delivery of possession.

Delay in Commencement. Sublessor Tenant agrees to use its best commercially reasonable efforts that in the event of the inability of Landlord for any reason to deliver possession of the Premises by to Tenant on the commencement date. Ifdate set forth in Section 2.1, despite said efforts, Sublessor is unable to deliver possession as agreed, Sublessor Landlord shall not be subject to liable for any liability therefor, damage thereby nor shall such failure inability affect the validity of this Sublease. Sublessee Lease or the obligations of Tenant hereunder, but in such case Tenant shall not, however, not be obligated to pay Rent rent or perform its other obligations monetary sums until it receives possession of the Premises. If Premises is tendered to Tenant; provided that if the delay in delivery of possession exceeds thirty (30) days, then the expiration date of the term of the Lease shall be extended by the period of time computed from the scheduled commencement date to the date possession is tendered. In the event Landlord shall not have delivered possession of the Premises within sixty days after four (4) months from the scheduled commencement date, Sublessee may, then Tenant at its option, by notice in writing option [illegible] be exercised within ten thirty (30) days after the end of such sixty day period, cancel said four (4) month period may terminate this Sublease, in which event Lease and upon Landlord's return of any moneys previously deposited by Tenant the Parties parties shall be discharged from all obligations hereunderhave no further rights or liabilities toward each other. If such written notice is not received by Sublessor within said ten day period, Sublessee's right Tenant occupies the Premises prior to cancel shall terminate. Except as otherwise provided, if possession is not tendered to Sublessee when required and Sublessee does not terminate this Sublease, as aforesaid, any period of rent abatement that Sublessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to what Sublessee would otherwise have enjoyed under the terms hereof, but minus any days of delay caused by the acts or omissions of Sublessee. If possession is not delivered within 120 days after the commencement date, this Sublease such occupancy shall automatically terminate unless be subject to all provisions hereof, such occupancy shall not advance the Parties agreetermination date, in writing, to and Tenant shall pay rent for such period at the contraryinitial monthly rates as set forth below.

Delay in Commencement. Sublessor agrees to use its best commercially reasonable efforts to Notwithstanding said commencement date, if for any reason Landlord cannot deliver possession of the Premises by the commencement to Tenant on said date. If, despite said efforts, Sublessor is unable to deliver possession as agreed, Sublessor Landlord shall not be subject to any liability therefortherefore, nor shall such failure affect the validity of this Sublease. Sublessee Lease or the obligations of Tenant hereunder or extend the term hereof, but in such case Tenant shall not, however, not be obligated to pay Rent or perform its other obligations rent until it receives possession of the PremisesPremises is tendered to Tenant. If possession is not delivered within sixty days after the actual term commencement date be a date other than the scheduled term commencement date, Sublessee all dates set forth in this Lease Agreement shall be adjusted accordingly. However, if Landlord shall not have delivered possession of the Premises within one hundred twenty (120) days from said commencement date, Tenant may, at its Tenant's option, by notice in writing to Landlord within ten (10) days after the end of such sixty day periodthereafter, cancel this Subleaselease. If either party cancels as herein provided, in which event Landlord shall return any money previously deposited by Tenant and the Parties parties shall be discharged from all obligations hereunder. If such written notice is not received by Sublessor within said ten day periodIn no event, Sublessee's however, shall Tenant have the right to cancel shall terminate. Except this Lease because of any delay in delivering possession of the Premises as otherwise providedthe result of (i) any act of God or the elements, if possession is not tendered to Sublessee when required and Sublessee does not terminate this Sublease(ii) shortage or unavailability of necessary materials, as aforesaidsupplies, or labor, (iii) shortage of or interruption in transportation or facilities, (iv) regulations or restrictions, or (v) any period of rent abatement that Sublessee would otherwise have enjoyed shall run other cause beyond Landlord's reasonable control unless such delay exceeds one year from the date of delivery of possession and continue for a period equal to what Sublessee would otherwise have enjoyed under the terms hereof, but minus any days of delay caused by the acts or omissions of Sublessee. If possession is not delivered within 120 days after the said commencement date, this Sublease shall automatically terminate unless the Parties agree, in writing, then either party may cancel on written notice to the contraryother prior to delivery of possession.

Delay in Commencement. Sublessor agrees Landlord may deliver the Premises to use its best commercially reasonable efforts to deliver possession Tenant prior to, on or after the target Commencement Date specified in Item 3.3 of the Premises by Basic Lease Provisions; provided, however, that in the commencement date. If, despite said efforts, Sublessor event the Commencement Date is unable to deliver possession as agreed, Sublessor delayed or otherwise does not occur on the target Commencement Date this Lease shall not be subject void or voidable (except as set forth below in this Section 2.3), the Term of this Lease shall not be extended, and Landlord shall not be liable to Tenant for any loss or damage resulting therefrom. In the event that the Substantial Completion of the Tenant Improvements in the Premises has not occurred by the "Outside Date," which shall be February 15, 2012, as such February 15, 2012 date may be extended by the number of days of Tenant Delays (as defined in the Work Letter) and by the number of days of Force Majeure Delays (as defined in Section 30.5 below), then the sole remedy of Tenant shall be the right to deliver a notice to Landlord (the "Outside Date Termination Notice") electing to terminate this Lease and receive a refund of any and all amounts paid by Tenant to Landlord, including but not limited to any liability thereforand all prepayments of Base Rent, nor shall such failure affect the validity of this Sublease. Sublessee shall notAdditional Rent and/or Security Deposit, however, be obligated to pay Rent or perform its other obligations until it receives possession effective upon receipt of the PremisesOutside Date Termination Notice by Landlord (the "Effective Date"). If possession is Except as provided hereinbelow, the Outside Date Termination Notice must be delivered by Tenant to Landlord, if at all, not delivered within sixty earlier than the Outside Date and not later than ten (10) business days after the commencement date, Sublessee may, at its option, by notice in writing within ten days after the end of such sixty day period, cancel this Sublease, in which event the Parties shall be discharged from all obligations hereunder. If such written notice is not received by Sublessor within said ten day period, Sublessee's right to cancel shall terminate. Except as otherwise provided, if possession is not tendered to Sublessee when required and Sublessee does not terminate this Sublease, as aforesaid, any period of rent abatement that Sublessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to what Sublessee would otherwise have enjoyed under the terms hereof, but minus any days of delay caused by the acts or omissions of Sublessee. If possession is not delivered within 120 days after the commencement date, this Sublease shall automatically terminate unless the Parties agree, in writing, to the contraryOutside Date.

Delay in Commencement. Sublessor agrees Landlord shall not be liable subject to use its best commercially reasonable efforts Exhibit H, Paragraph 5, to Tenant if Landlord does not deliver possession of the Demised Premises by to Tenant on the commencement datefirst date specified in Section 1.05 above. If, despite said efforts, Sublessor is unable to deliver possession as agreed, Sublessor shall not be subject to any liability therefor, nor shall such failure affect the validity Landlord's nondelivery of this Sublease. Sublessee shall not, however, be obligated to pay Rent or perform its other obligations until it receives possession of the PremisesDemised Premises to Tenant on that date shall not affect this Lease or the obligations of Tenant under this Lease. If possession is not delivered within sixty days after However, the commencement date, Sublessee may, at its option, by notice in writing within ten days after the end of such sixty day period, cancel this Sublease, in which event the Parties Commencement Date shall be discharged from all obligations hereunderdelayed until possession of the Demised Premises is delivered to Tenant. If such written notice is not received by Sublessor within said ten day period, Sublessee's right to cancel The Lease Term shall terminate. Except as otherwise provided, if possession is not tendered to Sublessee when required and Sublessee does not terminate this Sublease, as aforesaid, any period of rent abatement that Sublessee would otherwise have enjoyed shall run from the date of delivery of possession and continue be extended for a period equal to what Sublessee would otherwise have enjoyed under the terms hereofdelay in delivery of possession of the Demised Premises to Tenant, but minus any plus the number of days necessary for the Lease Term to expire on the last day of delay caused by the acts or omissions of Sublesseea month. If possession is not delivered within 120 days after Tenant gives such notice, the commencement dateLease shall be canceled effective as of the date of its execution, this Sublease and no party hereto shall automatically terminate unless the Parties agreehave any obligations, in writing, one to the contraryother. If Tenant does not give such notice within the time specified, Tenant shall have no right to cancel the Lease, and the Lease Term shall commence upon the delivery of possession of the Demised Premises to Tenant. If delivery of possession of the Demised Premises to Tenant is delayed, Landlord and Tenant shall upon such delivery, execute an amendment to this Lease setting forth the Commencement Date and expiration date of the Lease Term.

Delay in Commencement. Notwithstanding said Commencement Date, if, due to delays in the lessor approval process, Sublessor agrees to use its best commercially reasonable efforts to cannot deliver possession of the Premises by the commencement to Sublessee on said date. If, despite said efforts, Sublessor is unable to deliver possession as agreed, Sublessor shall not be subject to any liability therefortherefore, nor shall such failure affect the validity of this Sublease. Lease or the obligations of Sublessee hereunder or extend the term hereof, but in such case Sublessee shall not, however, not be obligated to pay Rent or perform its other obligations rent until it receives possession of the Premises. If Premises is tendered to Sublessee; provided, however, that if Sublessor shall not have delivered possession is not delivered of the Premises within sixty ten (10) days after the commencement datefrom said Commencement Date, Sublessee may, at its Sublessee's option, by notice in writing to Sublessor within ten (10) days after the end of such sixty day periodthereafter, cancel this Sublease. If this Sublease is canceled as herein provided, in which event Sublessor shall return any monies previously deposited by Sublessee, and the Parties parties shall be discharged from all obligations hereunder. If such written notice Once Sublessor's broker is not received in receipt of Sublease document, Lessor Consent form and Commission Agreement executed by Sublessor within said ten day period, Sublessee and Sublessee's right Broker, these documents shall be sent to cancel Sublessor via next day delivery for execution by Sublessor. Sublessor shall terminate. Except as otherwise provided, if possession is not tendered return fully executed documents via next day delivery to Sublessee when required and Sublessee does not terminate this Sublease, as aforesaid, any period of rent abatement that Sublessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to what Sublessee would otherwise have enjoyed under the terms hereof, but minus any Sublessor's Broker within five business days of delay caused by the acts or omissions of Sublesseereceipt thereof. If possession is not delivered within 120 days after the commencement date, this Sublease shall automatically terminate unless the Parties agree, in writing, These documents will be presented to the contraryCorners Realty for approval.

Delay in Commencement. Sublessor agrees to use its best commercially reasonable efforts to deliver possession of the Premises by the commencement date. If, despite said efforts, Sublessor is unable to deliver possession as agreed, Sublessor shall not be subject to any liability therefortherefore, nor shall such failure affect the validity of this Sublease. Sublessee shall not, however, be obligated to pay Rent or perform its other obligations until it receives possession of the Premises. If possession is not delivered within sixty days after the commencement date, Sublessee may, at its Sublessee's option, by notice in writing within ten days after the end of such sixty day period, cancel this Sublease, in which event the Parties shall be discharged from all obligations hereunder. If such written notice is not received by Sublessor within said ten day period, Sublessee's right to cancel shall terminate. Except as otherwise provided, if possession is not tendered to Sublessee when required and Sublessee does not terminate this the Sublease, as aforesaid, any period of rent abatement that Sublessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to what Sublessee would otherwise have enjoyed under the terms hereof, but minus any days of delay caused cause by the acts or of omissions of Sublessee. If possession is not delivered within with 120 days after the commencement date, this Sublease shall automatically terminate unless the Parties agree, in writing, to the contrary.

Delay in Commencement. Sublessor agrees to use its best commercially reasonable efforts to deliver possession of the Premises Promises by the commencement date. If, despite said efforts, Sublessor is unable to deliver possession as agreed, Sublessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Sublease. Sublessee shall not, however, be obligated to pay Rent or perform its other obligations until it receives possession of the PremisesPromises. If possession is not delivered within sixty days after the commencement date, Sublessee may, at its option, by notice in writing within ten days after the end of such sixty day period, cancel this Sublease, in which event the Parties shall be discharged from all obligations hereunder. If such written notice is not received by Sublessor within said ten day period, Sublessee's right to cancel shall terminate. , Except as otherwise provided, if possession is not tendered to Sublessee when required and Sublessee does not terminate this Sublease, as aforesaid, any period of rent abatement that Sublessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to what Sublessee would otherwise have enjoyed under the terms hereof, but minus any days of delay caused by the acts or omissions of Sublessee. If , if possession is not delivered within 120 days after the commencement date, this Sublease shall automatically terminate unless the Parties agree, in writing, to the contrary.

Delay in Commencement. Sublessor agrees Landlord shall not be liable to use its best commercially reasonable efforts to Tenant if Landlord does not deliver possession of the Premises by Property or any portion thereof ("Nondelivered Property") to Tenant on the commencement dateCommencement Date. If, despite said efforts, Sublessor is unable Landlord's non-delivery of the Property to deliver possession as agreed, Sublessor Tenant on that date shall not affect this Lease or the obligations of Tenant for the other portions of the Property under this Lease except that the Commencement Date on the Nondelivered Property shall be subject to any liability therefor, nor shall such failure affect the validity of this Sublease. Sublessee shall not, however, be obligated to pay Rent or perform its other obligations delayed until it receives Landlord delivers possession of such Nondelivered Property to Tenant and the Premises. If possession is not delivered within sixty days after Lease Term for the commencement date, Sublessee may, at its option, by notice in writing within ten days after entire Property (including the end of such sixty day period, cancel this Sublease, in which event the Parties Nondelivered Property) shall be discharged from all obligations hereunder. If such written notice is not received by Sublessor within said ten day period, Sublessee's right to cancel shall terminate. Except as otherwise provided, if possession is not tendered to Sublessee when required and Sublessee does not terminate this Sublease, as aforesaid, any period of rent abatement that Sublessee would otherwise have enjoyed shall run from the date of delivery of possession and continue extended for a period equal to what Sublessee would otherwise have enjoyed the delay in delivery of possession of the Nondelivered Property to Tenant, plus the number of days necessary to end the Lease Term on the last day of a month. If delivery of possession of any portion of the Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the actual Commencement Date and expiration date of this Lease. Failure to execute such amendment shall not affect the actual Commencement Date and expiration date of this Lease. Tenant may occupy and pay rent on Xxxx X-0 xxxxx Xxxx X-0 is substantially completed for Tenant to occupy. Upon the Landlord's substantial completion of Unit B-3, the Tenant will immediately vacate Xxxx X-0 xxx xxxxx Xxxx X-0 in the condition required under the Old Lease, and will move into Xxxx X-0 xxx xxxxxx Xxxx X-0 under this Lease. See Section 2.4 for the terms hereof, but minus any days of delay caused by the acts or omissions Tenant's early occupancy of SublesseeUnit B-3. If possession Landlord is not delivered within 120 days after the commencement date, this Sublease shall automatically terminate unless the Parties agree, in writing, able to deliver Xxxx X-0 to the contraryTenant in substantially completed condition on or before November 1, 2008, then the Tenant or the Landlord may elect to terminate this Lease by providing written notice to the other person on or before November 20, 2008.

Delay in Commencement. Sublessor 34. Lessor estimates that Substantial Completion of the improvements described above will be achieved on or before January 1, 2000. Lessor agrees to use its best commercially reasonable efforts to deliver cause the Premises to be Substantially Completed on or before the target completion date stated above. If Substantial Completion of the Premises has not been achieved by the Target Completion Date for reasons other than delays caused by Force Majeure events (as hereinafter defined, which delays will extend the Target Completion Date and Outside Completion Date accordingly), Lessor shall not be liable to Lessee and the obligations of Lessee under this Lease shall not be thereby affected, except that the Commencement Date shall be delayed until Lessor delivers possession of the Premises by to Lessee, and the commencement date. If, despite said efforts, Sublessor is unable to deliver possession as agreed, Sublessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Sublease. Sublessee shall not, however, be obligated to pay Rent or perform its other obligations until it receives possession of the Premises. If possession is not delivered within sixty days after the commencement date, Sublessee may, at its option, by notice in writing within ten days after the end of such sixty day period, cancel this Sublease, in which event the Parties Lease Term shall be discharged from all obligations hereunder. If such written notice is not received extended by Sublessor within said ten day period, Sublessee's right to cancel shall terminate. Except as otherwise provided, if possession is not tendered to Sublessee when required and Sublessee does not terminate this Sublease, as aforesaid, any period of rent abatement that Sublessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to what Sublessee would otherwise have enjoyed under the terms hereof, but minus any number of days of delay caused by in delivery of possession of the acts or omissions of SublesseePremises to Lessee. If possession is not delivered within 120 days after the commencement date, this Sublease shall automatically terminate unless the Parties agree, in writing, Notwithstanding any provisions herein to the contrary, in the event that Substantial Completion has not been achieved by the Outside Completion Date of March 1, 1999, for reasons other than Force Majeure Events, then Lessee shall be entitled to terminate this Lease by delivering written notice of such election to terminate to Lessor within ten (10) days of the Outside Completion Date, in addition to any other remedy at law or in equity for any delay in Substantial Completion of the Premises beyond the Outside Completion Date.

Delay in Commencement. Sublessor agrees to use its best commercially reasonable efforts to deliver possession of the Premises by the commencement date. If, despite said efforts, Sublessor is unable to deliver possession as agreed, Sublessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Sublease. Sublessee shall not, however, be obligated to pay Rent or perform its other obligations until it receives possession of the Premises. If possession is not delivered within sixty days after the commencement date, Sublessee may, at its option, by notice in writing within ten days after the end of such sixty day period, cancel this Sublease, in which event the Parties shall be discharged from all obligations hereunder. If such written notice is not received by Sublessor within said ten day period, Sublessee's right to cancel shall terminate. Except as otherwise provided, if possession is not tendered to Sublessee when required and Sublessee does not terminate this Sublease, as aforesaid, any period of rent abatement that Sublessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to what Sublessee would otherwise have enjoyed under the terms hereof, but minus any days of delay caused by the acts or omissions of Sublessee. If possession is not delivered within 120 days after the commencement date, this Sublease shall automatically terminate unless the Parties agree, in writing, to the contrary.

Delay in Commencement. Sublessor agrees to use its best commercially reasonable efforts to deliver possession of [Landlord shall give Tenant at least sixty (60) days advance written notice before the Premises proposed Delivery Date.] If the Delivery Date does not occur by the commencement date. If“Anticipated Early Occupancy Date”, despite said efforts, Sublessor is unable to deliver possession as agreed, Sublessor Landlord shall not be subject to any liability therefor, nor shall such failure affect the validity considered in default of this Sublease. Sublessee shall notLease, howeverbut, be obligated except for force majeure or delay due to pay Rent or perform its other obligations until it receives possession the fault of Tenant, the Premises. If possession is not delivered within sixty days after the commencement date, Sublessee may, at its option, by notice in writing within ten days after the end of such sixty day period, cancel this Sublease, in which event the Parties Commencement Date shall be discharged from all obligations hereunder. If such written notice is not received by Sublessor within said ten day period, Sublessee's right to cancel shall terminate. Except as otherwise provided, if possession is not tendered to Sublessee when required and Sublessee does not terminate this Sublease, as aforesaid, any period of rent abatement that Sublessee would otherwise have enjoyed shall run from the date of delivery of possession and continue deferred for a period equal equivalent to what Sublessee would otherwise have enjoyed under the period of such delay. If Substantial Completion of Landlord’s Work has not occurred by the “Anticipated Early Occupancy Date” due to (i) the failure of Tenant to fulfill any obligation pursuant to the terms of this Lease or any Exhibit hereto, (ii) any delay arising out of Section 2.3(c) above, or (iii) any other Tenant Delay as described in Exhibit C, then the Commencement Date shall be the date which is the number of days set forth in Section 1.12 as the Fixturization Period after the date that Substantial Completion of Landlord’s Work would have occurred but for such Tenant Delay. In no event shall the Commencement Date be delayed or extended due to the failure of Tenant to complete Tenant’s Work (as described in Exhibit C) during the early occupancy period described in Section 2.3(b), above, it being acknowledged, agreed, and understood that the Commencement Date shall be determined in accordance with Section 2.3(a) hereof, but minus any days whether or not the Tenant’s Work (as described in Exhibit C) has been completed as of delay caused by the acts or omissions of Sublessee. If possession is not delivered within 120 days after the commencement such date, this Sublease shall automatically terminate unless the Parties agree, in writing, to the contrary.

Delay in Commencement. Sublessor agrees to use its best commercially reasonable efforts to Notwithstanding the Commencement Date, if for any reason Lessor cannot deliver possession of the Expansion Premises by the commencement to Lessee on said date. If, despite said efforts, Sublessor is unable to deliver possession as agreed, Sublessor Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Sublease. Sublessee Lease or the obligations of Lessee hereunder or extend the Term hereof, but in such case, Lessee will continue to occupy the Premises, excluding the Expansion Premises, under the current lease provisions, Lessee shall not, however, not be obligated to pay Rent or perform its other obligations rent until it receives possession of the Expansion Premises is tendered to Lessee; provided, however, that if Lessor shall not have delivered possession of the Expansion Premises within one hundred twenty (120) days from the Commencement Date and such delay is absent of force majeure or otherwise, Lessee may, at Lessee’s option, by notice in writing to Lessor within ten (10) days thereafter, cancel this Lease, in which event the parties shall continue to operate under the terms of the current leases for the Premises except the Expansion Premises, and shall be discharged from all obligations hereunder with reference to the Expansion Premises. If possession is Lessee occupies the Expansion Premises prior to the Commencement Date, such occupancy shall be subject to all provisions hereof and shall be at no cost to the Lessee. If Lessor, by reason of force majeure or otherwise, cannot delivered deliver the Expansion Premises within sixty ninety (90) days after from the commencement dateCommencement Date, Sublessee Lessor or Lessee may, at its optiontheir respective options, by notice in writing within ten (10) days after the end of such sixty day periodthereafter, cancel this Sublease, in which event Lease. Xxxxxx and Xxxxxx acknowledge and agree that the Parties shall work to be discharged from all obligations hereunder. If such written notice done to the Expansion Premises is not received by Sublessor within said ten day period, Sublessee's right to cancel shall terminate. Except as otherwise provided, if possession defined and is not tendered required to Sublessee when be commenced or completed before the Commencement Date. In the event Lessor is required and Sublessee does not terminate this Subleaseto improve the Expansion Premises as described on Exhibit “B” attached hereto, as aforesaid, any period of rent abatement that Sublessee would otherwise have enjoyed shall run from Xxxxxx agrees to use reasonable diligence to complete the date of delivery of possession and continue for a period equal to what Sublessee would otherwise have enjoyed under the terms hereof, but minus any days of delay caused by the acts or omissions of Sublessee. If possession is not delivered within 120 days after the commencement date, this Sublease shall automatically terminate unless the Parties agree, in writing, improvements to the contraryExpansion Premises.

Delay in Commencement. Sublessor agrees to use its best commercially reasonable efforts to Notwithstanding the Commencement Date, if for any reason Lessor cannot deliver possession of the Premises by the commencement to Lessee on said date. If, despite said efforts, Sublessor is unable to deliver possession as agreed, Sublessor Lessor shall not be subject to any liability therefortherefore, nor shall such failure affect the validity of this Sublease. Sublessee Lease or the obligations of Lessee hereunder or extend the Term hereof, but in such case Lessee shall not, however, not be obligated to pay Rent or perform its other obligations rent until it receives possession of the Premises. If Premises is tendered to Lessee; provided, however, that if Lessor shall not have delivered possession is not delivered of the Premises within sixty (60) days after from the commencement dateCommencement Date and such delay is absent of force majeure or otherwise, Sublessee Lessee may, at its Lessee's option, by notice in writing to Lessor within ten (10) days after the end of such sixty day periodthereafter, cancel this SubleaseLease, in which event the Parties parties shall be discharged from all obligations hereunder. If Lessee occupies the Premises prior to the Commencement Date, such written notice is occupancy shall be subject to all provisions hereof; such occupancy shall not received advance the Expiration Date, and Lessee shall pay rent from its date of occupancy at the initial monthly rates set forth below. If Lessor, by Sublessor reason of force majeure or otherwise, cannot deliver the Premises within said ten day period, Sublessee's right to cancel shall terminate. Except as otherwise provided, if possession is not tendered to Sublessee when required and Sublessee does not terminate this Sublease, as aforesaid, any period of rent abatement that Sublessee would otherwise have enjoyed shall run ninety (90) days from the date of delivery of possession and continue Commencement Date, Lessor or Lessee may, at their respective options, by notice in writing within ten (10) days thereafter, cancel this Lease. In the event Lessor is required to improve the Premises as described on EXHIBIT "B" attached hereto, Xxxxxx agrees to use reasonable diligence to have the Premises ready for a period equal to what Sublessee would otherwise have enjoyed under occupancy on or before the terms hereof, but minus any days of delay caused by the acts or omissions of Sublessee. If possession is not delivered within 120 days after the commencement date, this Sublease shall automatically terminate unless the Parties agree, in writing, to the contraryCommencement Date.

Delay in Commencement. Sublessor agrees Landlord shall not be liable to use its best commercially reasonable efforts to Tenant if Landlord does not deliver possession of the Premises to Tenant on the Target Commencement Date. Notwithstanding the foregoing, if Substantial Completion of the Landlord Improvements has not occurred on or before January 15, 2022, which date shall be extended for Force Majeure delays and Tenant Delays (as such terms are hereinafter defined) (“Outside Date”), then Tenant shall receive a credit against Base Rent in the amount of one (1) day of Base Rent for each one (1) day after the Outside Date that Substantial Completion of the Landlord Improvements has not occurred. Furthermore, if Substantial Completion of the Landlord Improvements has not occurred on or before that date which is thirty (30) days after the Outside Date (as so extended for Force Majeure delays and Tenant Delays as provided above), then Tenant shall have the right to terminate this Lease by giving Landlord notice to that effect at any time within ten (10) days after such date, unless the commencement dateSubstantial Completion of the Landlord Improvements has occurred prior to Landlord receiving such notice in which case such termination right will be null and void. IfThe remedies set forth in the two immediately preceding sentences shall be Tenant’s sole and exclusive remedies in connection with Landlord’s delay in causing Substantial Completion of the Landlord Improvements. Other than as set forth above, despite said efforts, Sublessor is unable Landlord's non-delivery of the Premises to deliver possession as agreed, Sublessor Tenant on that date shall not affect this Lease or the obligations of Tenant under this Lease except that the Commencement Date shall be subject to any liability therefor, nor shall such failure affect the validity of this Sublease. Sublessee shall not, however, be obligated to pay Rent or perform its other obligations delayed until it receives Landlord delivers possession of the Premises. If possession is not delivered within sixty days after Premises to Tenant and the commencement date, Sublessee may, at its option, by notice in writing within ten days after the end of such sixty day period, cancel this Sublease, in which event the Parties Lease Term shall be discharged from all obligations hereunder. If such written notice is not received by Sublessor within said ten day period, Sublessee's right to cancel shall terminate. Except as otherwise provided, if possession is not tendered to Sublessee when required and Sublessee does not terminate this Sublease, as aforesaid, any period of rent abatement that Sublessee would otherwise have enjoyed shall run from the date of delivery of possession and continue extended for a period equal to what Sublessee would otherwise have enjoyed under the terms hereofdelay in delivery of possession of the Premises to Tenant, but minus any plus the number of days necessary to end the Lease Term on the last day of delay caused by a month. Notwithstanding the acts or omissions of Sublessee. If possession is not delivered within 120 days after the commencement date, this Sublease shall automatically terminate unless the Parties agree, in writingforegoing, to the contraryextent such delay is caused by a Tenant Delay (as hereinafter defined in the Work Letter), then the Commencement Date will not be deferred and the Commencement Date will be the date on which Landlord would have delivered possession of the Premises to Tenant with Substantial Completion of the Landlord Improvements absent the Tenant Delay. If delivery of possession of the Premises to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the actual Commencement Date, Rent Commencement Date, and Expiration Date. Failure to execute such amendment shall not otherwise affect the actual Commencement Date, Rent Commencement Date, and Expiration Date.