Common use of Delivery; Acceptance of Premises; Commencement Date Clause in Contracts

Delivery; Acceptance of Premises; Commencement Date. Landlord shall use reasonable efforts to make the Premises available to Tenant for Tenant’s Work under the Work Letter within 5 days of full execution of this Lease and Tenant’s delivery of evidence of the insurance required hereby and by the Work Letter (“Delivery” or “Deliver”). If Landlord fails to timely Deliver the Premises, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable except as provided herein. If Landlord does not Deliver the Premises within 60 days of the Target Commencement Date for any reason other than Force Majeure Delays, this Lease may be terminated by Tenant by written notice to Landlord, and if so terminated, neither Landlord nor Tenant shall have any further rights, duties or obligations under this Lease. As used herein, “Force Majeure Delays” means delays arising by reason of any Force Majeure. If Tenant does not elect to void this Lease within 5 business days of the lapse of such 60 day period, such right to void this Lease shall be waived and this Lease shall remain in full force and effect.

Delivery; Acceptance of Premises; Commencement Date. Landlord shall use reasonable efforts to make deliver the Premises available to Tenant for Tenanton or before the Target Commencement Date, with Landlord’s Work under the Work Letter within 5 days of full execution of this Lease and Tenant’s delivery of evidence of the insurance required hereby and by the Work Letter Substantially Completed (“Delivery” or “Deliver”). If Landlord fails to timely Deliver the Premises, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable except as provided herein. If Landlord does not Deliver the Premises within 60 90 days of the Target Commencement Date for any reason other than Force Majeure delays and Tenant Delays, this Lease may be terminated by Tenant by written notice to Landlord, and if so terminatedterminated by Tenant, neither Landlord nor Tenant shall have any further rights, duties or obligations under this Lease, except with respect to provisions which expressly survive termination of this Lease. As used herein, the terms “Force Majeure Landlord’s Work,” “Tenant Delays” means delays arising by reason of any Force Majeureand “Substantially Completed” shall have the meanings set forth for such terms in the Work Letter. If Tenant does not elect to void this Lease within 5 business days of the lapse of such 60 90 day period, such right to void this Lease shall be waived and this Lease shall remain in full force and effect.

Delivery; Acceptance of Premises; Commencement Date. Landlord shall use reasonable efforts to make deliver exclusive possession of the Premises available to Tenant for Tenant’s Work under the Work Letter within 5 days of full execution of this Lease and Tenant’s delivery of evidence of the insurance required hereby and by the Work Letter (“Delivery” or “Deliver”)) to Tenant on or before the Target Commencement Date. If Landlord fails to timely Deliver the Premises, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable except as provided herein. If Landlord does not Deliver the Premises within 60 90 days of the Target Commencement Date for any reason other than Force Majeure Delaysdelays, this Lease may be terminated by Tenant by written notice to the Landlord, and if so terminatedterminated by Tenant: (a) the Security Deposit, or any balance thereof (i.e., after deducting therefrom all amounts to which Landlord is entitled under the provisions of this Lease), shall be returned to Tenant, and (b) neither Landlord nor Tenant shall have any further rights, duties or obligations under this Lease. As used herein, “Force Majeure Delays” means delays arising by reason except with respect to provisions which expressly survive termination of any Force Majeurethis Lease. If Tenant does not elect to void terminate this Lease within 5 10 business days of the lapse of such 60 90 day period, such right to void terminate this Lease shall be waived and this Lease shall remain in full force and effect.

Delivery; Acceptance of Premises; Commencement Date. Landlord shall use reasonable efforts to make deliver the Premises available to Tenant for Tenant’s Work under the Work Letter within 5 days of full execution of this Lease and Tenant’s delivery of evidence of the insurance required hereby and by the Work Letter (“Delivery” or “Deliver”)) on or before the Target Commencement Date for the construction of the Tenant Improvements by Tenant in accordance with the Work Letter. If Landlord fails to timely Deliver the Premises, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable except as provided herein. If Landlord does not Deliver the Premises within 60 90 days of the Target Commencement Date for any reason other than Force Majeure Delaysdelays, this Lease may be terminated by Tenant by written notice to Landlord, and if so terminatedterminated by Tenant: (a) the Security Deposit, or any balance thereof (i.e., after deducting therefrom all amounts to which Landlord is entitled under the provisions of this Lease) and any prepaid Base Rent shall be returned to Tenant, and (b) neither Landlord nor Tenant shall have any further rights, duties or obligations under this Lease, except with respect to provisions which expressly survive termination of this Lease. As used herein, the terms “Force Majeure DelaysTenant Improvements” means delays arising by reason of any Force Majeureshall have the meaning set forth for such term in the Work Letter. If Tenant does not elect to void this Lease within 5 business days of the lapse of such 60 90 day period, such right to void this Lease shall be waived and this Lease shall remain in full force and effect.

Delivery; Acceptance of Premises; Commencement Date. Landlord shall use reasonable efforts to make the Premises available to Tenant for Tenant’s Work under the Work Letter within 5 days of upon the full execution of this Lease and Tenant’s delivery of evidence of the insurance required hereby and by the Work Letter (“Delivery” or “Deliver”). If Landlord fails to timely Deliver the Premises, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable except as provided herein. If Landlord does not Deliver the Premises within 60 days of the Target Commencement Date for any reason other than Force Majeure DelaysMajeure, this Lease may be terminated by Tenant by written notice to Landlord, and if so terminatedterminated by. Tenant: (a) the Security Deposit, or any balance thereof, shall be returned to Tenant, and (b) neither Landlord nor Tenant shall have any further rights, duties or obligations under .under this Lease, except with respect to provisions which expressly survive termination of this Lease. As used herein, the term “Force Majeure DelaysTenants’ Work” means delays arising by reason of any Force Majeureshall have the meaning set forth for such term in the Work Letter. If Tenant does not elect to void this Lease within 5 10 business days of the lapse of such 60 day period, such right to void this Lease shall be waived and this Lease shall remain in full force and effect.

Delivery; Acceptance of Premises; Commencement Date. Landlord shall use reasonable efforts to make deliver the Premises available to Tenant for Tenant’s Work under on or before the Work Letter within 5 days of full execution of this Lease and Tenant’s delivery of evidence of the insurance required hereby and by the Work Letter Target Commencement Date (“Delivery” or “Deliver”). If Landlord fails to timely Deliver the Premises, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable except as provided herein. If Landlord does not Deliver the Premises within 60 days of the Target Commencement Date for any reason other than Force Majeure Delaysdelays, this Lease may be terminated by Tenant by written notice to Landlord, and if so terminatedterminated by Tenant: (a) the Security Deposit, or any balance thereof (i.e., after deducting therefrom all amounts to which Landlord is entitled under the provisions of this Lease), shall be returned to Tenant, and (b) neither Landlord nor Tenant shall have any further rights, duties or obligations under this Lease. As used herein, “Force Majeure Delays” means delays arising by reason except with respect to provisions which expressly survive termination of any Force Majeurethis Lease. If Tenant does not elect to void this Lease within 5 business days of the lapse of such 60 day period, such right to void this Lease shall be waived and this Lease shall remain in full force and effect.

Delivery; Acceptance of Premises; Commencement Date. Landlord shall use reasonable efforts to make deliver the Premises available to Tenant for Tenant’s Work under on or before the Work Letter within 5 days of full execution of this Lease and Tenant’s delivery of evidence of the insurance required hereby and by the Work Letter Target Commencement Date (“Delivery” or “Deliver”). If Landlord fails to timely Deliver the Premises, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable except as provided herein. If Landlord does not Deliver the Premises within 60 30 days of the Target Commencement Date for any reason other than Force Majeure Delaysdelays and delays caused by Tenant, this Lease may be terminated by Landlord or Tenant by written notice to Landlordthe other, and if so terminatedterminated by either: (a) the Security Deposit, or any balance thereof (i.e., after deducting therefrom all amounts to which Landlord is entitled under the provisions of this Lease), shall be returned to Tenant, and (b) neither Landlord nor Tenant shall have any further rights, duties or obligations under this Lease. As used herein, “Force Majeure Delays” means delays arising by reason except with respect to provisions which expressly survive termination of any Force Majeurethis Lease. If neither Landlord nor Tenant does not elect elects to void this Lease within 5 business days of the lapse of such 60 30 day period, such right to void this Lease shall be waived and this Lease shall remain in full force and effect.

Delivery; Acceptance of Premises; Commencement Date. Landlord shall use reasonable efforts to make deliver the Premises available to Tenant for Tenant’s Work under in broom clean condition and free of other occupants on or before the Work Letter within 5 days of full execution of this Lease and Tenant’s delivery of evidence of the insurance required hereby and by the Work Letter Target Commencement Date (“Delivery” or “Deliver”). If Landlord fails to timely Deliver the Premises, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable except as provided herein. If Landlord does not Deliver the Premises within 60 90 days of the Target Commencement Date for any reason other than Force Majeure Delays(as defined in Section 34) delays, this Lease may be terminated by Tenant by written notice to Landlord, and if so terminatedterminated by Tenant: (a) the Security Deposit, or any balance thereof (i.e., after deducting therefrom all amounts to which Landlord is entitled under the provisions of this Lease), shall be returned to Tenant, and (b) neither Landlord nor Tenant shall have any further rights, duties or obligations under this Lease. As used herein, “Force Majeure Delays” means delays arising by reason except with respect to provisions which expressly survive termination of any Force Majeurethis Lease. If Tenant does not elect to void this Lease within 5 business days of the lapse of such 60 90 day period, such right to void this Lease shall be waived and this Lease shall remain in full force and effect.

Delivery; Acceptance of Premises; Commencement Date. Landlord shall use reasonable efforts to make deliver the Premises available to Tenant for Tenant’s Work under on or before the Work Letter within 5 days of full execution of this Lease and Tenant’s delivery of evidence of the insurance required hereby and by the Work Letter Target Commencement Date (“Delivery” or “Deliver”). If Landlord fails to timely Deliver the Premises, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable except as provided herein. If Landlord does not Deliver the Premises within 60 120 days of the Target Commencement Date for any reason other than Force Majeure Delaysdelays, this Lease may be terminated by Tenant by written notice to Landlord, and if so terminatedterminated by Tenant, (i) any prepaid Base Rent shall be returned to Tenant, (ii) neither Landlord nor Tenant shall have any further rights, duties or obligations under this Lease, except with respect to provisions which expressly survive termination of this Lease. As used Notwithstanding anything to the contrary contained herein, “Force Majeure Delays” means delays arising if Tenant elects to terminate this Lease pursuant to the immediately preceding sentence, Tenant shall have the right to terminate the 835 Industrial Lease by reason delivery of any Force Majeurewritten notice to Landlord concurrent with Tenant’s delivery of written notice to Landlord terminating this Lease. Any such termination of the 835 Industrial Lease shall be subject to the terms of Section 2 of the 835 Industrial Lease. If Tenant does not elect to void this Lease within 5 10 business days of the lapse of such 60 120 day period, such right to void this Lease shall be waived and this Lease shall remain in full force and effect.