Common use of DELAY IN POSSESSION Clause in Contracts

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date. If, despite said efforts, Lessor is unable to deliver possession as agreed, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, . Lessee shall not, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers it receives possession of the Premises to LesseePremises. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said such sixty (60) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if . If such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effectterminate. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease the Start Date and Lessee does not terminate this Lease, as aforesaid, the any period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes acts or omissions of Lessee. If possession of the Premises is not delivered within four (4) months after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee, in writing.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date. If, despite said efforts, Lessor is unable to deliver possession as agreed, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, . Lessee shall not, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers it receives possession of the Premises to LesseePremises. If possession of the Premises is not delivered to Lessee within sixty (60) 60 days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) 10 days after the end of said sixty (60) such 60 day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if . If such written notice of Lessee is not received by Lessor within said ten (10) 10 day period, Lessee's ’s right to cancel this Lease hereunder shall terminate and be of no further force or effectterminate. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease the Start Date and Lessee does not terminate this Lease, as aforesaid, the any period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes acts or omissions of Lessee. If possession of the Premises is not delivered within 4 months after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee, in writing.

DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date. If, despite said efforts, Lessor is unable to deliver possession by such date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, . Lessee shall not, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers possession of the Premises to Lessee. If possession and any period of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes acts or omissions of Lessee. If possession is not delivered within 60 days after the Commencement Date, Lessee may, at its option, by notice in writing within 10 days after the end of such 60 day period, cancel this Lease, in which event the Parties shall be discharged from all obligations hereunder. If such written notice is not received by Lessor within said 10 day period, Lessee’s right to cancel shall terminate. If possession of the Premises is not delivered within 120 days after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee, in writing.

DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date. If, despite said efforts, Lessor is unable to deliver possession by such date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, . Lessee shall not, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers possession of the Premises to Lessee. If possession and any period of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes acts or omissions of Lessee. If possession is not delivered within 60 days after the Commencement Date, Lessee may, at its option, by notice in writing within 10 days after the end of such 60 day period, cancel this Lease, in which event the Parties shall be discharged from all obligations hereunder. If such written notice is not received by Lessor within said 10 day period, Lessee's right to cancel shall terminate. If possession of the Premises is not delivered within 120 days after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee, in writing.

DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date. If, despite said efforts, Lessor is unable to deliver possession as agreed, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, . Lessee shall not, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers it receives possession of the Premises to LesseePremises. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said such sixty (60) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if . If such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's ’s right to cancel this Lease hereunder shall terminate and be of no further force or effectterminate. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease the Start Date and Lessee does not terminate this Lease, as aforesaid, the any period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes acts or omissions of Lessee. If possession of the Premises is not delivered within four (4) months after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee, in writing.

DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date. If, despite said efforts, Lessor is unable to deliver possession by such date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, . Lessee shall not, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers possession of the Premises to Lessee. If possession and any period of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes acts or omissions of Lessee. If possession is not delivered within 60 days after the Commencement Date, as the same may be extended under the terms of any Work Letter executed by Parties, Lessee may, at its option, by notice in writing within 10 days after the end of such 60 day period, cancel this Lease, in which event the Parties shall be discharged from all obligations hereunder. If such written notice is not received by Lessor within said 10 day period, Lessee’s right to cancel shall terminate. If possession of the Premises is not delivered within 120 days after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee, in writing.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession DateXxxx, if If one is Is specified in Paragraph 1.4, or if no Early Possession Date is Xxxx Is specified, by the Commencement DateData, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in In such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If II possession of the Premises is Is not delivered to Lessee within sixty (60) days after the Commencement DateXxxx, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end and of said sixty (60) day period, cancel this Lease, in In which event the parties shall be discharged from all obligations hereunder; provided further, however, that if If such written notice of Lessee is Is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except except as may be otherwise provided, and regardless of when the Original Term actually commences, if If possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if II any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does 14 not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Commencement Date, if one if, despite said efforts, Lessor is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateunable to deliver possession as agreed, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, . Lessee shall not, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers it receives possession of the Premises to LesseePremises. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said such sixty (60) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if . If such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effectterminate. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease the Start Date and Lessee does not terminate this Lease, as aforesaid, the any period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes acts or omissions of Lessee.. If possession of the Premises is not delivered within four (4) months after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee, in writing. 3.4

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, . if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay f caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateon said date and subject to paragraph 32(b), Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, Lease or the obligations of Lessee hereunder, hereunder or extend the term hereof; but, but in such case, Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, except as may be otherwise provided in this Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered to Lessee possession of the Premises within sixty (60) days after the following said Commencement Date, as the same may be extended under the terms of a Work Letter executed by Lessor and Lessee, Lessee may, at its option, Lessee's option by notice in writing to Lessor Lessor, within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder, provided however that as to Lessee's obligations, Lessee first reimburses Lessor for all costs incurred for Non-Standard improvements and as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Non-Standard Improvements); and provided further, however, further that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or and effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does 34 not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If Landlord, for any reason Lessor whatsoever cannot deliver possession of the Premises to Lessee by Tenant in the Early Possession Date, if one is specified condition described in Paragraph 1.4, the second sentence of Section 3.1 above on or if no Early Possession Date is specified, by before the Commencement DateDate stated in Item 4 of the Basic Lease Provisions, Lessor then this Lease shall not be subject to any liability therefor, void or voidable nor shall such failure affect Landlord be liable to Tenant for any resulting loss or damage. However, Tenant shall not be liable for any rent and the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee Commencement Date shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease not occur until Lessor Landlord so delivers possession of the Premises to Lessee. If Tenant, except that if Landlord’s failure to so deliver possession on the Commencement Date is attributable either (i) to any failure by Tenant to perform any obligation under this Lease or (ii) to any “Tenant Delay” (as defined in the Work Letter attached hereto), then the Commencement Date shall not be advanced to the date on which possession of the Premises is tendered to Tenant, and Landlord shall be entitled to full performance by Tenant (including the payment of rent) from the date Landlord would have been able to deliver the Premises to Tenant but for Tenant’s delay(s). Notwithstanding anything to the contrary contained in this Section 3.2, however, if for any reason other than the failure by Tenant to perform any obligation under Lease and/or a Tenant Delay, the Commencement Date has not delivered occurred by December 15, 2000, then Tenant may, by written notice to Lessee Landlord given within sixty twenty (6020) business days after thereafter but prior to the actual Commencement Date, Lessee may, at its option, by notice in writing elect to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease. In the event of a dispute between Landlord and Tenant regarding the advancement of the Commencement Date (including, as aforesaidwithout limitation, the period free occurrence and/or duration of Tenant Delays) and/or regarding the occurrence of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal Commencement Date pursuant to the period during which foregoing provisions of this Section 3.2, either party may elect to submit the Lessee would have otherwise enjoyed under the terms hereof, but minus any days matter for binding arbitration with JAMS/ENDISPUTE as provided in Section 22.7 of delay caused by the acts, changes or omissions of Lesseethis Lease.

DELAY IN POSSESSION. If Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateon said date and subject to paragraph 3.2.2, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, Lease or the obligations of Lessee hereunder, hereunder or extend the term hereof; but, but in such case, Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, except as may be otherwise provided in this Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered to Lessee possession of the Premises within sixty (60) days after the following said Commencement Date, as the same may be extended under the terms of a Work Letter executed by Lessor and Lessee, Lessee may, at its Lessee's option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided, however, that, as to Lessee's obligations, Lessee first reimburses Lessor for all costs incurred for Non-Standard Improvements and, as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Non-Standard Improvements); and provided further, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed enjoyed, shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date. If, despite said efforts , Lesser is unable to deliver possession as agreed, Lessor shall not be subject to any liability therefortherefore, nor shall such failure affect the validity of this Lease, lease or change the obligations of Lessee hereunder, or extend the term hereof, but in such case, Expiration Date. Lessee shall not, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers possession of the Premises to Lessee. If possession and any period of rent abatement that Lessee would otherwise have enjoyed shall run from date of the Premises delivery of possession and continue for a period equal to what Lessee would otherwise have enjoyed, but minus any days of delay caused by the acts or omissions of Lessee, if possession is not delivered to Lessee within sixty (60) 60 days after the Commencement Date, Lessee may, at may as its option, by notice in writing to Lessor within ten (10) 10 days after the end of said sixty (60) such 60 day period, cancel this the Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if . If such written notice of Lessee is not received by Lessor within said ten (10) 10 day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effectterminate. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease the Start Date and Lessee does not terminate this Lease, as aforesaid___________, the any period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of or possession and continue for a period equal to the period during which what the Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes acts or omissions of Lessee. If possession of the premises is not delivered within 4 months after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee in writing.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If It possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers I possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty Thirty (603O) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten two (102) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten two (102) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if [ILLEGIBLE] possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, however that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided provided, further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefortherefore, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's ’s right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commencescommenced, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee. See Paragraph 49.g.

DELAY IN POSSESSION. If Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateon said date and subject to paragraph 3.2.2, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, Lease or the obligations of Lessee hereunder, hereunder or extend the term hereof, ; but in such case, Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, except at may be otherwise provided in this Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered to Lessee possession of the Premises within sixty (60) days after the following said Commencement Date, as the same may be extended under the terms of a Work Letter executed by Lessor and lessee, Lessee may, at its Lessee's option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Leaselease, in which event the parties shall be discharged from all obligations hereunder; provided, however, that, as to Lessee's obligations, Lessee first reimburses Lessor for all costs incurred for Non-Standard Improvements and, as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Non-Standard Improvements); and provided further, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date 2 3 is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations obligation of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is delayed more than thirty (30) days other than pursuant to Paragraph 51 or 53, Lessor shall be liable to Lessee for a penalty of $2,000.00 for each day of delay. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodLessor, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as is may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within with sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date. If, despite said efforts, Lessor is unable to deliver possession as agreed, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, . Lessee shall not, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers possession of the Premises to LesseePremises. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said such sixty (60) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if . If such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effectterminate. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession of the Premises is not tendered to Lessee when required by this Lease the Start Date and Lessee does not terminate this Lease, as aforesaid, the any period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes acts or omissions of Lessee. If possession of the Premises is not delivered within four (4) months after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee, in writing.

DELAY IN POSSESSION. If for any reason Lessor Landlord cannot deliver possession of the Premises to Lessee Tenant by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor Landlord shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee Tenant hereunder, or extend the term hereof, but in such case, Lessee Tenant shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee Tenant under the terms of this Lease until Lessor Landlord delivers possession of the Premises to LesseeTenant. If possession of the Premises is not delivered to Lessee Tenant within sixty (60) days after the Commencement Date, Lessee Tenant may, at its option, by notice in writing to Lessor Landlord within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee Tenant is not received by Lessor Landlord within said ten (10) day period, LesseeTenant's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee Tenant when required by this Lease and Lessee Tenant does not terminate this Lease, as aforesaidforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee Tenant would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee Tenant would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of LesseeTenant.

DELAY IN POSSESSION. If Landlord, for any reason Lessor whatsoever, cannot deliver possession of the Premises to Lessee by Tenant in the Early Possession Date, if one is specified in Paragraph 1.4, condition required on or if no Early Possession Date is specified, by before the Estimated Commencement Date, Lessor this Lease shall not be subject to any liability therefor, void or voidable nor shall such failure affect the validity of this Lease, Landlord be liable to Tenant for any resulting loss or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall notdamage. However, except as otherwise provided hereinfor in subsection 2.2(i) above, Tenant shall not be obligated to pay rent or perform liable for any other obligation of Lessee under Rent (as defined in Section 3.1 below) and the terms of this Lease Commencement Date shall not occur until Lessor delivers possession of the Premises are Ready for Occupancy, except that if Landlord’s failure to Lessee. If make the Premises Ready for Occupancy by the Estimated Commencement Date is attributable to any Tenant Delay, then the Commencement Date shall not be advanced to the date on which possession of the Premises is not delivered tendered to Lessee within sixty Tenant, and Landlord shall be entitled to full performance by Tenant (60including the payment of Rent) from the date the Premises would have been Ready for Occupancy but for such Tenant Delays. Notwithstanding anything to the contrary contained in this Lease, if, for any reason other than a Tenant Delay or a Force Majeure Delay (but in no event more than ninety (90) days after of Force Majeure Delays), the Commencement DatePremises are not Ready for Occupancy by November 1, Lessee may2002, at its option, by notice in writing Tenant shall have the right to Lessor within ten (10) days after the end of said sixty (60) day period, cancel terminate this Lease, in which event case neither party shall have any further liability hereunder and Landlord promptly shall refund to Tenant all sums paid by Tenant to Landlord at the parties shall be discharged from all obligations hereunder; provided further, however, time that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate Tenant executed this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, . Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefortherefore, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; , provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's ’s right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be by obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided provided, further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, . Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written written, notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, 1.4 or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Execution Date. If, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Datedespite said efforts, Lessor is unable to deliver possession as agreed, Lessee shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, . Lessee shall not, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers it receives possession of the Premises to LesseePremises. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Execution Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said such sixty (60) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if . If such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effectterminate. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease the Start Date and Lessee does not terminate this Lease, as aforesaid, the any period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes acts or omissions of Lessee. If possession of the Premises is not delivered within four (4) months after the Execution Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee, in writing.

DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date. If, despite said efforts, Lessor is unable to deliver possession as agreed, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, . Lessee shall not, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers it receives possession of the Premises to LesseePremises. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said such sixty (60) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if . If such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effectterminate. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease the Start Date and Lessee does not terminate this Lease, as aforesaid, the any period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes acts or omissions of Lessee. If possession of the Premises is not delivered four (4) months after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee in writing.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability thereforU1erefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If if possession of the Premises is not delivered to Lessee within sixty ninety (6090) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty ninety (6090) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall shad terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If Notwithstanding the commencement date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateon said date, Lessor shall not be subject to any liability therefortherefore, nor shall such failure affect the validity of this Lease, Lease or the obligations of Lessee hereunder, or extend the term hereof, but in such case, a case Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation Lessee's Share of Lessee under the Operating Expenses (as those terms of this Lease are defined hereinafter) until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Lessee; provided, however, that if Lessor shall not have delivered to Lessee possession of the Premises within sixty ninety (6090) days after the Commencement Datefrom said commencement date, Lessee may, may at its Lessee's option, by notice in writing to Lessor within ten (10) days after following the end expiration of said sixty ninety (6090) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of from Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may In the event of a delay in possession, the Commencement Date shall be otherwise providedthe date on which possession of the Premises is tendered to Lessee, and regardless the term of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run be for sixty (60)months from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lesseesuch date.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefortherefore, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within with said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes charges or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee Lasses-, by the Early Possession Date, if one is specified in it Paragraph 1.4, or if it no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot Landlord shall be unable to deliver possession of the Premises to Lessee by Tenant on the Early Possession Date, if one is date specified in Paragraph 1.4for commencement of the term hereof (i) because an Occupancy Permit has not been procured, or (ii) because of the holding over or retention of possession of any tenant or occupant, or (iii) if no Early Possession Date is specifiedthe Tenant Improvements are not Substantially Completed, by or (iv) because of the Commencement Dateoperation of a “force majeure” event (as defined below), Lessor or (v) for any reason identified in Exhibit “F” attached hereto, or for any other reason, then in any such case Landlord shall not be subject to any liability thereforto Tenant. Under such circumstances, nor except as set forth in Paragraph 2 above and Exhibit “F” hereto relating to a “Tenant Delay”, the rent reserved and covenanted to be paid herein shall not commence until possession of the Premises is given or the Premises are available for occupancy by Tenant, and no such failure to give possession shall in any other respect affect the validity of this Lease or any obligation of the Tenant hereunder (except as to the date of commencement of accrual of rent). Notwithstanding anything to the contrary in this Lease, if Landlord fails to deliver possession of the Premises to Tenant with the Tenant Improvements Substantially Completed on or before the date which is 180 days after the date of this Lease (subject to a day-for-day extension for each day of Tenant Delay, if any, or the obligations occurrence of Lessee hereundera “force majeure” event) (the “Outside Completion Date”), or extend then, as Tenant’s sole and exclusive remedy, Tenant shall be entitled to an abatement of rent for the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation number of Lessee under days from the terms of this Lease Outside Completion Date until Lessor the date Landlord delivers possession of the Premises to Lessee. If possession of Tenant with the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of LesseeTenant Improvements Substantially Completed.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor Xxxxxx delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of Lessee by Xxxxxx is not received by Lessor Xxxxxx within said ten (10) day period, LesseeXxxxxx's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, Date if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability liabilities therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or for perform any other obligation of Lessee under the of terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties of Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day perioddays, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force notice or effectaffect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days base of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If IF for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided provided, further, however, that if such written notice of Lessee is not received by Lessor lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateon said date and subject to paragraph 3.2.2, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, Lease or the obligations of Lessee hereunder, hereunder or extend the term hereofthereof, but in such case, Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, except as may be otherwise provided in this Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered to Lessee possession of the Premises within sixty (60) days after the following said Commencement Date, as the same may be extended under the terms of a Work Letter executed by Lessor and Lessee, Lessee may, at its Lessee's option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided, however, that, as to Lessee's obligations, Lessee first reimburses Lessor for all costs incurred for Non-Standard Improvements and, as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Non-Standard Improvements); and provided further, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's ’s right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.. MULTI-TENANT - GROSS Initials ____ ____

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or if or, it no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If It possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Commencement: Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or -2- 3 or, if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, on said date and subject to paragraph 3.2.2. Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, hereunder or extend the term hereof: but, but in such case, Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, except as may be otherwise provided in this Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered to Lessee possession of the Premises within sixty (60) days after the following said Commencement Date, as the same may be extended under the terms of a Work Letter executed by Lessor and Lessee, Lessee may, at its Lessee's option, by notice in writing to Lessor Lessee, within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided, however, that, as to Lessee's obligations, Lessee first reimburses Lessor for all costs incurred (or Non-Standard Improvements and, as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Non-Standard Improvements); and provided further, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of LesseeSee Paragraph 50.

DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Date, if one including, without limitation, giving timely and appropriate notices to any existing tenant and filing an unlawful detainer action against such tenant on the earliest date such action can be commenced. If, despite said efforts, Lessor is specified in Paragraph 1.4, or if no Early Possession Date is specified, unable to deliver possession by the Commencement Datesuch date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, . Lessee shall not, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any other obligation of Lessee under obligations until 45 days following the terms of this Lease until date on which Lessor delivers possession of the Premises to Lessee. If possession and any period of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes acts or omissions of Lessee.. If possession is not delivered within 60 days after the Commencement Date, Lessee may, at its option, by notice in writing at any time prior to delivery or possession, cancel this Lease, in which event the Parties shall be discharged from all obligations hereunder. If such written notice is not received by Lessee within said period, Lessee’s right to cancel shall terminate. In addition to the foregoing, if Lessor does not deliver possession of the Premises to Lessee on or before the Commencement Date, then Lessee shall receive a rent credit equal to one and one-half days of the rent payable hereunder for each day after the Commencement Date that Lessor does not deliver possession of the Premises to Lessee in the condition required herein,

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered rendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability thereforthereof, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commencescommenced, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date. If, despite said efforts, Lessor is unable to deliver possession as agreed, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, . Lessee shall not, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers it receives possession of the Premises to LesseePremises. If possession of the Premises Early Possession is not delivered to Lessee within sixty (60) days after the Commencement Dateon or before October 15, Lessee 1999, either party may, at its option, by notice in writing to Lessor the other party within ten (10) days after the end of said such sixty (60) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if . If such written notice of is being delivered by Lessee and is not received by Lessor within said ten (10) day period, Lessee's ’s right to cancel this Lease hereunder shall terminate and be of no further force or effectterminate. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease the Start Date and Lessee does not terminate this Lease, as aforesaid, the any period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes acts or omissions of Lessee. If the delay is caused solely by the acts or omissions of Lessor, then only Lessee shall have the option to terminate. If possession of the Premises is not delivered within four (4) months after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee, in writing.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. Lessee- If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee. As modified by the Addendum.

DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date. If, despite said efforts, Lessor is unable to deliver possession as agreed, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, . Lessee shall not, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers it receives possession of the Premises to LesseePremises. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee maymay , at its option, by notice in writing to Lessor within ten (10) days after the end of said such sixty (60) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if . If such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effectterminate. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease the Start Date and Lessee does not terminate this Lease, as aforesaid, the any period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the INITIALS: ___________ __________ terms hereof, but minus any days of delay caused by the acts, changes or acts of omissions of Lessee. If possession of the Premises is not delivered within four (4) months after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee, in writing.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, 1.4 or if no Early Possession Date is specified, by the Commencement Commence Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided hereinHerein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, . Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date day of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.. (See paragraph 52.2)

DELAY IN POSSESSION. If Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateon said date and subject to paragraph 3.2.2, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, Lease or the obligations of Lessee hereunder, hereunder or extend the term hereof; but, but in such case, Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, except as may be otherwise provided in this Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered to Lessee possession of the Premises within sixty ONE HUNDRED TWENTY (60120) days after the Commencement DateDAYS following said OCTOBER 1, 1998 COMMENCEMENT DATE, Lessee may, at its Lessee's option, by written notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided, however, that, as to Lessee's obligations, Lessee first reimburses Lessor for all costs incurred for Non-Standard Improvements and, as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Non-Standard Improvement); and provided further, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise providedSEE FIRST ADDENDUM, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of LesseePARAGRAPH 3 AND PARAGRAPH 4.

DELAY IN POSSESSION. If Landlord, for any reason Lessor whatsoever, cannot deliver possession of the Premises to Lessee Tenant on or before the Estimated Commencement Date set forth in Item 4 of the Basic Lease Provisions, this Lease shall not be void or voidable nor shall Landlord be liable to Tenant for any resulting loss or damage. However, Tenant shall not be liable for any rent until the Commencement Date occurs as provided in Section 3.1 above, except that if Landlord’s failure to substantially complete all work required of Landlord pursuant to Section 3.1(i) above is attributable to any action or inaction by Tenant (including without limitation any “Tenant Delay” as defined in the Work Letter attached to this Lease), then the Premises shall be deemed ready for occupancy, and Landlord shall be entitled to full performance by Tenant (including the payment of rent), as of the date Landlord would have been able to substantially complete such work and deliver the Premises to Tenant but for Tenant’s delay(s). Notwithstanding anything to the contrary contained in this Section 3.2, if for any reason other than “Tenant Delays” (as defined in the Work Letter attached hereto), or other matters beyond Landlord’s reasonable control, the actual Commencement Date has not occurred by the Early Possession date that is 60 days following the Estimated Commencement Date (the “Outside Date”), if one is specified in Paragraph 1.4, or if no Early Possession Date is specifiedthen Tenant may, by written notice to Landlord given at any time thereafter but prior to the actual occurrence of the Commencement Date, Lessor shall not be subject elect to any liability therefor, nor shall such failure affect the validity of terminate this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice the Commencement Date occurs within 10 days after delivery to Landlord of Lessee is not received by Lessor within said ten (10) day periodTenant’s termination notice, Lessee's right to cancel this Lease hereunder shall terminate continue in full force and be of no further force or effect. Except as may be otherwise provided, and regardless of when If the Original Term actually commences, if possession is Commencement Date has not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from occurred within 10 days after the date of delivery of possession Tenant’s termination notice, then this Lease shall terminate as of the 10th day after delivery of the termination notice, and continue for Landlord shall promptly return to Tenant any prepaid rent and/or Security Deposit delivered to Landlord. Notwithstanding the foregoing, if at any time during the construction period, Landlord reasonably believes that the Commencement Date will not occur on or before the Outside Date, Landlord shall have the right to notify Tenant in writing of such fact and of a period equal new Outside Date on or before which the Commencement Date will occur (the “New Outside Date”), and Tenant must elect within 10 days of delivery of such notice to either terminate this Lease or waive its right to terminate this Lease (provided the Commencement Date does occur on or prior to the New Outside Date established by Landlord in such notice to Tenant), Tenant’s failure to elect to terminate this Lease within such 10 day period during which shall be deemed Tenant’s waiver of its right to terminate this Lease as provided in this paragraph as to the Lessee would have otherwise enjoyed under the terms hereoforiginal Outside Date, but minus any days of delay caused not as to the New Outside Date established by the acts, changes or omissions of Lesseesaid notice.

DELAY IN POSSESSION. If Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in on said date and subject to Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date3.2.2, Lessor shall not be subject to any liability therefortherefore, nor shall such failure affect the validity of this Lease, lease or the obligations of Lessee hereunder, hereunder or extend the term hereof; but, but in such case, Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, except as may be otherwise provided in this Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered to Lessee possession of the Premises within sixty (60) days after the following said Commencement Date, as the same may be extended under the terms of a Work Letter executed by Lessor and Lessee, Lessee may, may at its lessee's option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, thereafter cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided, however, that, as to lessee's obligations, Lessee first reimburses Lessor for all costs incurred for Non-Standard Improvements and, as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Non-Standard Improvements); and provided further, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease lease hereunder shall terminate and be of no further force or of effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateon said date and subject to paragraph 3.2.2, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, Lease or the obligations of Lessee hereunder, hereunder or extend the term hereof, ; but in such case, Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, except as may be otherwise provided in this Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered to Lessee possession of the Premises within sixty (60) days after the following said Commencement Date, as the same may be extended under the terms of a Work Letter executed by Lessor and Lessee, Lessee may, at its Lessee's option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided, however, that, as to Lessee's obligations, Lessee first reimburses Lessor for all costs incurred for Non-Standard Improvements and, as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Non-Standard Improvements); and provided further, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date. If, despite said efforts, Lessor is unable to deliver possession as agreed, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, . Lessee shall not, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers it receives possession of the Premises to LesseePremises. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said such sixty (60) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if . If such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effectterminate. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease the Start Date and Lessee does not terminate this Lease, as aforesaid, the any period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee. If possession of the Premises is not delivered within four (4) months after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee in writing.

DELAY IN POSSESSION. If Notwithstanding the estimated Commencement Date specified in Section 1.10, if for any reason Lessor Landlord cannot deliver possession of the Premises to Lessee by the Early Possession DateTenant on said date or any other date, if one is specified except as expressly set forth in Paragraph 1.4Exhibit D, or if no Early Possession Date is specified, by the Commencement Date, Lessor Landlord shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, Lease or the obligations of Lessee Tenant hereunder; provided, or extend the term hereofhowever, but in such a case, Lessee Tenant shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation of Lessee Tenant under this Lease, except as may be otherwise provided in this Lease, until possession of the terms of this Lease until Lessor delivers Premises is tendered to Tenant, as defined in Section 3.4. If Landlord shall not have tendered possession of the Premises to Lessee. If possession Tenant within 60 days following the estimated Commencement Date specified in Section 1.10, as the same may be adjusted in accordance with this Section 3.2 or Section 3.3 or in accordance with the terms of the Premises is not delivered any work letter agreement attached to Lessee within sixty (60) days after the Commencement Datethis Lease, Lessee Tenant may, at its Tenant's option, by notice in writing to Lessor Landlord within ten (10) days after the end expiration of said sixty (60) the 60 day period, cancel terminate this Lease. If Tenant terminates this Lease as provided in the preceding sentence, in which event the parties shall be discharged from all obligations hereunder, except that Landlord shall return any money previously deposited with Landlord by Tenant; and provided further, however, that if such written notice of Lessee by Txxxxx is not received by Lessor Landlord within said ten (10) day period, Lessee's Tenant shall not have the right to cancel terminate this Lease hereunder shall terminate and be as provided above unless Landlord fails to tender possession of no further force or effect. Except the Premises to Tenant within 120 days following the estimated Commencement Date specified in Section 1.10, as the same may be otherwise providedadjusted in accordance with this Section 3.2 or Section 3.3 or in accordance with the terms of any work letter agreement attached to this Lease. If Landlord is unable to deliver possession of the Premises to Tenant on the estimated Commencement Date specified in Section 1.10, and regardless as the same may be adjusted in accordance with this Section 3.2 or Section 3.3 or in accordance with the terms of when the Original Term actually commences, if possession is not tendered any work letter agreement attached to Lessee when required by this Lease and Lessee does not terminate this Lease, due to a Force Majeure Event (as aforesaiddefined below), such Commencement Date shall be extended by the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the actsForce Majeure Event. A “Force Majeure Event” shall mean fire, changes earthquake, weather delays or omissions other acts of LesseeGod, strikes, boycotts, war, riot, insurrection, embargoes, shortages of equipment, labor or materials, delays in issuance of governmental permits or approvals, or any other cause beyond the reasonable control of Landlord.

DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date. If, despite said efforts, Lessor is unable to deliver possession as agreed, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, . Lessee shall not, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers it receives possession of the Premises to LesseePremises. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day 60)-day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if . If such written notice of Lessee is not received by Lessor within said ten (10) day 10)-day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effectterminate. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease the Start Date and Lessee does not terminate this Lease, as aforesaid, the any period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes acts or omissions of Lessee. If possession of the Premises is not delivered within four (4) months after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee, in writing.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, option by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, commences if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateon said date and subject to paragraph 3.2.2, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, Lease or the obligations of Lessee hereunder, hereunder or extend the term hereof; but, but in such case, Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, except as may be otherwise provided in this Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the following said Commencement Date, as the same may be extended under the terms of a Work Letter executed by Lessor and Lessee, Lessee may, at its Lessee's 15 option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided, however, that, as to Lessee's obligations, Lessee first reimburses Lessor for all costs incurred for Non-Standard improvements and, as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Non-Standard improvement(s); and provided further, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless Upon the mutual execution of when the Original Term actually commences, if possession is not tendered this lease Lessor shall submit to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, a tenant improvement schedule identifying the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the estimated occupancy date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date. If, despite said efforts, Lessor is unable to deliver possession as agreed, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, . Lessee shall not, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers it receives possession of the Premises to LesseePremises. If possession of the Premises is not delivered to Lessee within sixty (60) TERM - continued days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said such sixty (60) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if . If such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effectterminate. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease the Start Date and Lessee does not terminate this Lease, as aforesaid, the any period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes acts or omissions of Lessee. If possession of the Premises is not delivered within four (4) months after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee, in writing.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor Lessee shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Date Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor Landlord cannot deliver possession of the Premises to Lessee Tenant as agreed herein by the Early Possession Date, if one is specified in Paragraph paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement Date, Lessor Landlord shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee Tenant hereunder, or extend the term hereof, but in such case, Lessee Tenant shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee Tenant under the terms of this Lease until Lessor Landlord delivers possession of the Premises to LesseeTenant. If possession of the Premises is not delivered to Lessee Tenant within sixty Ten (6010) days after the Commencement Date, Lessee Tenant may, at its option, by notice in writing to Lessor Landlord within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of Lessee by Tenant is not received by Lessor Landlord within said ten (10) 10)- day period, LesseeTenant's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee Tenant when required by this Lease and Lessee Tenant does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee Tenant would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee what Tenant would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of LesseeTenant.

DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date. If despite said efforts, Lessor is unable to deliver possession as agreed, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, . Lessee shall not, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers it receives possession of the Premises to LesseePremises. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Date Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said such sixty (60) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if . If such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effectterminate. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the any period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes acts or omissions of Lessee. If possession of the Premises is not delivered within four (4) months after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee, in writing.

DELAY IN POSSESSION. If Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateon said date and subject to paragraph 3.2.2, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, Lease or the obligations of Lessee hereunder, hereunder or extend the term hereof, ; but in such case, Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, except as may be otherwise provided in this Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered to Lessee possession of the Premises within sixty (60) days after following said Commencement Date, as the Commencement DateDate may be extended pursuant to paragraph 53 of the Addendum to this Lease, Lessee may, at its Lessee's option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided, however, that, as to Lessee's obligations, Lessee first reimburses Lessor for all costs incurred for Non-Standard Improvements and, as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Non-Standard Improvements); and provided further, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability liability; therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (101) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's ’s right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, whom the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lesseelessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, 1.4 or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, not except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this the Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; , provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, provided and regardless of when the Original Term actually commences, if possession is not tendered rendered to Lessee when required by this the Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee as set forth in Exhibit A attached hereto and incorporated herein by this reference. With respect to any matters that are not within Lessor's exclusive control, Lessor's obligation shall be limited to enforcing its rights under the Early Possession DateTermination Agreement to cause the Existing Lessee to comply therewith. If, if one despite said efforts, Lessor is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateunable to deliver possession as agreed, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, . Lessee shall not, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers it receives possession of the Premises to Lesseeapplicable portion of the Premises. If possession of the entire Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, regardless of whether Lessee has taken early possession of a portion of the Premises, by notice in writing to Lessor within ten (10) ten days after the end of said such sixty (60) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if . If such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be terminate. Notwithstanding Lessee's failure to deliver such written notice of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commencescancellation to Lessor, if possession of the Premises is not tendered to Lessee when required by delivered within four (4) months after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee does not terminate this LeaseLessee, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lesseein writing.

DELAY IN POSSESSION. If Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateon said date and subject to paragraph 3.2.2, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, Lease or the obligations of Lessee hereunder, hereunder or extend the term hereof, ; but in such case, Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, except as may be otherwise provided in this Lease, until Lessor delivers possession the Commencement Date; provided, however, that if Tender of Possession of the Premises to Lessee. If possession of the Premises is not delivered by Lessor to Lessee within sixty does not occur on or prior to December 31, 2000 (60which date may be extended for force majeure events) days after the Commencement ("Cancellation Date, ") Lessee may, at its Lessee's option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided, however, that, as to Lessee's obligations, Lessee first reimburses Lessor for all costs incurred for Non-Standard Improvements and, as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Non-Standard Improvements); and provided further, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said [illegible] sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, . Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in on said date and subject to Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date3.2.2, Lessor shall not be subject to any liability therefortherefore, nor shall such failure affect the validity of this Lease, Lease or the obligations of Lessee hereunder, hereunder or extend the term hereof; but, but in such case, Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, except as may be otherwise provided in this Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered to Lessee possession of the Premises within sixty (60) days after the following said Commencement Date, as the same may be extended under the terms of a Work Letter executed by Lessor and Lessee, Lessee may, may at its Lessee's option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, thereafter cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided, however, that, as to Lessee's obligations, Lessee first reimburses Lessor for all costs incurred for Non-Standard Improvements and, as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Non-Standard Improvements); and provided further, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or of effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, . Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date. If despite said efforts, Lessor is unable to deliver possession as agreed, Lessor shall not be subject to any liability therefortherefore, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, . Lessee shall not, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers it receives possession of the Premises to LesseePremises. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Date Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said such sixty (60) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if . If such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effectterminate. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the any period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes acts or omissions of Lessee. If possession of the Premises is not delivered within four (4) months after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee, in writing.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if it no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, Date if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform portion any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; , provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during during, which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty thirty (60) days 30)days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty thirty (60) day 30)day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee. 4.

DELAY IN POSSESSION. If Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateon said date and subject to paragraph 3.2.2, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, Lease or the obligations of Lessee hereunder, hereunder or extend the term hereof; but, but in such case, Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, except as may be otherwise provided in this Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered to Lessee possession of the Premises within sixty (60) days after the following said Commencement Date, as the same may be extended under the terms of a Work Letter executed by Lessor and Lessee, Lessee may, at its Lessee's option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided, however, that as to Lessee's obligations, Lessee first reimburses Lessor for all costs incurred for Non-Standard improvements and, as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Non-Standard Improvements); and provided further, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession Possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession Possession of the Premises to Lessee. If possession Possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession Possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession Possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms Terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if it such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any an reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day days period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the actsact, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty thirty (6030) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty thirty (6030) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, . Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period padded free of the obligation to pay Base Rent, if any, that Lessee would have otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date. If, despite said efforts, Lessor is unable to deliver possession as agreed, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, . Lessee shall not, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers it receives possession of the Premises to LesseePremises. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said such sixty (60) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if If such written notice of Lessee is not hot received by Lessor within said ten (10) day period, . Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effectterminate. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease the Start Date and Lessee does not terminate this Lease, as aforesaida4oresaid, the any period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise `have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes acts or omissions of Lessee.. If possession of the Premises is not delivered within four (4) months after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee, in writing. 3.4

DELAY IN POSSESSION. If Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateon said date and subject to paragraph 3.2.2, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, Lease or the obligations of Lessee hereunder, hereunder or extend the term hereof; but, but in such case, Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, except as may be otherwise provided in this Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered to Lessee possession of the Premises within sixty ninety (6090) days after the following said Commencement Date, as the same may be extended under the terms of the Work Letter executed by Lessor and Lessee, Lessee may, at its Lessee's option, by notice in writing writing, to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided, however, that , as to Lessee's obligations, Lessee first reimburses Lessor for all costs incurred for Non-Standard Improvements and, as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Non-Standard Improvements); and provided further, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, Date if one is specified in Paragraph 1.41.4 or, or if no Early Possession Date is specified, specified by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, not except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor Xxxxxx delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of Lessee by Xxxxxx is not received by Lessor Xxxxxx within said ten (10) day period, LesseeXxxxxx's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after alter the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from form all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, . Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be maybe otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee. SEE ADDENDUM ATTACHED.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee case Lessor shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes change or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers ["d________s" - word(s) not readable due to hole punched in page] possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after alter the Commencement Date, . Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.. See Addendum P. 3.3

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten ton (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run shall, on from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.