Common use of Delivery of Premises Clause in Contracts

Delivery of Premises. (a) Landlord shall tender possession of the Premises to Tenant with the improvements required by the Improvement Agreement substantially complete (as that term is defined in the Improvement Agreement), on the Commencement Date, and, subject to the foregoing, Tenant shall accept delivery of the Premises, which acceptance shall, subject to the terms of Section 2.2(b) below, constitute agreement by Tenant that the Premises are in the condition required by this Lease. This Lease shall not be void or voidable, no obligation of Tenant shall be affected, and Landlord shall have no liability to Tenant for any Claims arising out of or resulting from any failure of Landlord to Substantially Complete Landlord’s Work or to tender possession of the Premises to Tenant on or before the Target Commencement Date. If because of any Tenant Delay (as defined in the Improvement Agreement), Substantial Completion of Landlord’s Work or delivery of the Premises to Tenant occurs after the Target Commencement Date, then Tenant shall pay to Landlord, as Additional Rent, an amount equal to the Base Rent, calculated on a per diem basis without giving effect to any period of rent abatement (the “Interim Rent”), multiplied by the number of days of Tenant Delay. Accrued Interim Rent due to Tenant Delay shall be due and payable within ten (10) days following Landlord’s invoice therefor.

Delivery of Premises. (a) Landlord shall tender deliver the Premises, and Tenant shall accept same in its as-is condition (except as set forth on Exhibit "B"), on the Commencement Date described in Section 1.22, or so soon thereafter as Landlord is able to deliver same. The equipment specified in Exhibit "E" shall be in the Premises on the Commencement Date. If Landlord does not deliver possession of the Premises by the Commencement Date, or any other date scheduled or targeted as the Commencement Date, Landlord shall not have any liability whatsoever to Tenant on account of such failure to deliver possession of the Premises to Tenant and this Lease shall not be rendered void or voidable as a result of such delay. However, under such circumstances, unless such delay is caused by Tenant or Tenant's contractors, the Commencement Date shall be postponed until possession of the Premises is delivered to Tenant or the Premises are available for occupancy by Tenant. Tenant acknowledges that Landlord's ability to deliver the Premises is subject to: (i) the current tenant, Paratek Microwave, Inc., vacating the Premises pursuant to the terms of its agreement with Landlord; and (ii) Landlord obtaining permits for the improvements required by construction of the Improvement Agreement substantially complete Improvements. Notwithstanding the foregoing, if the Commencement Date has not occurred within nine (9) months after the targeted Commencement Date either party shall have the right, as that term is defined in the Improvement Agreement)its sole remedy, to terminate this Lease on thirty (30) days notice given prior to the Commencement Date, and, subject to the foregoing, Tenant shall accept delivery of the Premises, which acceptance shall, subject to the terms of Section 2.2(b) below, constitute agreement by Tenant that but if the Premises are in delivered within such thirty (30)-day period the condition required by this Lease. This Lease shall not termination notice will be void or voidable, no obligation of Tenant shall be affected, null and Landlord shall have no liability to Tenant for any Claims arising out of or resulting from any failure of Landlord to Substantially Complete Landlord’s Work or to tender possession of the Premises to Tenant on or before the Target Commencement Date. If because of any Tenant Delay (as defined in the Improvement Agreement), Substantial Completion of Landlord’s Work or delivery of the Premises to Tenant occurs after the Target Commencement Date, then Tenant shall pay to Landlord, as Additional Rent, an amount equal to the Base Rent, calculated on a per diem basis without giving effect to any period of rent abatement (the “Interim Rent”), multiplied by the number of days of Tenant Delay. Accrued Interim Rent due to Tenant Delay shall be due and payable within ten (10) days following Landlord’s invoice thereforvoid.

Delivery of Premises. (a) Upon Substantial Completion of the Tenant Improvements, Landlord shall tender deliver possession of the Premises to Tenant. If Landlord has not Substantially Completed the Tenant with the improvements required by the Improvement Agreement substantially complete (as that term is defined in the Improvement Agreement), on the Commencement Date, and, subject to the foregoing, Tenant shall accept delivery of the Premises, which acceptance shall, subject to the terms of Section 2.2(b) below, constitute agreement by Tenant that the Premises are in the condition required by this Lease. This Lease shall not be void or voidable, no obligation of Tenant shall be affected, Improvements and Landlord shall have no liability to Tenant for any Claims arising out of or resulting from any failure of Landlord to Substantially Complete Landlord’s Work or to tender tendered possession of the Premises to Tenant on or before the Target Scheduled Commencement Date. If because Date specified in Section 2 - Term; Possession of the Lease, or if Landlord is unable for any Tenant Delay (as defined in the Improvement Agreement), Substantial Completion of Landlord’s Work or delivery other reason to deliver possession of the Premises to Tenant occurs after on or before such date, neither Landlord nor its representatives shall be liable to Tenant for any damage resulting from the Target Commencement Datedelay in completing such construction obligations and/or delivering possession to Tenant and the Lease shall remain in full force and effect. If any delays in Substantially Completing the Tenant Improvements are attributable to Tenant Delays, then Tenant the Premises shall pay be deemed to Landlord, as Additional Rent, an amount equal to the Base Rent, calculated on a per diem basis without giving effect to any period of rent abatement (the “Interim Rent”), multiplied by the number of days of Tenant Delay. Accrued Interim Rent due have been Substantially Completed and delivered to Tenant Delay shall be due on the date on which Landlord could have Substantially Completed the Premises and payable tendered the Premises to Tenant but for such Tenant Delays. If Tenant fails to perform any of Tenant’s obligations under this Construction Rider within ten (10) days following Landlord’s invoice thereforthe time periods specified herein, Landlord may treat such failure of performance as an Event of Default under the Lease.

Delivery of Premises. (a) Landlord shall tender possession It is acknowledged that the Target Commencement Date listed in the Basic Lease Information represents an estimate of the Premises to Tenant with the improvements required by the Improvement Agreement substantially complete (as that term is defined in the Improvement Agreement), on the Commencement Date, and, subject to the foregoing, Tenant shall accept delivery actual commencement date of the Premises, which acceptance shall, subject to the terms of Section 2.2(b) below, constitute agreement by Tenant that the Premises are in the condition required by this LeaseLease Term. This The Lease Term shall not be void or voidable, no obligation of deemed to have commenced and Tenant shall not be affectedobligated to pay any Basic Rent or Additional Rent (collectively, and along with all other sums payable by Tenant to Landlord shall have no liability to Tenant hereunder, “Rent”) until the actual Commencement Date. If Landlord for any Claims arising out of or resulting from any failure of Landlord to Substantially Complete Landlord’s Work or to tender reason cannot deliver early possession of the Premises to Tenant on or before the Target Commencement Date. If because of any Tenant Delay (as defined in the Improvement Agreement), Substantial Completion of Landlord’s Work or delivery of the Premises to Tenant occurs after the Target Commencement Date, then Landlord shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Tenant shall pay to Landlordhereunder; however, as Additional Renteither party, an amount equal at its option, may terminate this Lease by giving written notice of its election to the Base Rentother party if the Commencement Date has not occurred on or before thirty (30) days after the Target Commencement Date through no fault of the terminating party. Such termination right shall be exercised within ten (10) days after the expiration of said 30-day period, calculated on a per diem basis without giving effect provided that the Commencement Date has not then occurred. Upon the termination of this Lease pursuant to any period of rent abatement this Subparagraph (the “Interim Rent”2), multiplied the parties shall have no further rights or liabilities towards each other except for those provisions of this Lease which expressly survive the termination of this Lease and Landlord shall return any advance rent or security deposits previously paid by Tenant. Notwithstanding the foregoing sentence, if Landlord is unable to deliver possession of the Premises to Tenant within the 30-day period due to delays caused by Tenant or force majeure, the 30-day period shall be extended by the number of days of Tenant Delay. Accrued Interim Rent due to Tenant Delay shall be due and payable within ten (10) days following Landlord’s invoice therefordelays or force majeure.

Delivery of Premises. Commencing two (a2) business days after mutual execution and delivery of this Lease (“Delivery Date”), Landlord shall tender possession of permit Tenant and its contractors and agents to have access to the Premises (other than Suite 720, as to which the Delivery Date will be May 15, 2005) for the construction of its Tenant with Improvement Work therein pursuant to the improvements required by Tenant Improvement Letter. If Landlord fails to permit Tenant and its contractors and agents to have access to the Improvement Agreement substantially complete (as that term is defined in Premises throughout the Improvement Agreement), period commencing on the Delivery Date without material interference by Landlord or its contractors and agents, and if such failure continues for more than two (2) days after notice thereof by Tenant, then the Commencement Date, and, subject to Date shall be extended for one day for each such day of delay in Tenant’s access caused by Landlord (or its contractors and agents) following the foregoing, Tenant shall accept delivery lapse of the Premises, which acceptance shall, subject to the terms of Section 2.2(b) below, constitute agreement by Tenant that the Premises are in the condition required by this Leasesuch 2 day period. This Lease shall not be void void, voidable or voidablesubject to termination, no obligation of Tenant nor shall Landlord be affected, and Landlord shall have no liability liable to Tenant for any Claims arising out of loss or damage, resulting from any failure of Landlord to Substantially Complete Landlord’s Work or inability to tender possession of deliver the Premises to Tenant on or before as required herein, without limiting the Target Commencement Date. If because of any Tenant Delay (as defined foregoing day for day delay in the Improvement Agreement), Substantial Completion of Landlord’s Work or Commencement Date with respect to any delay in delivery of the Premises to Tenant occurs the extent caused by Landlord or its contractors or agents; provided, however, that if the Delivery Date has not occurred within ninety (90) days after the Target Commencement DateLease Date (without regard to any force majeure delays), then Tenant shall pay have the right, by giving notice thereof to LandlordLandlord within one hundred ten (110) days after the Lease Date (which notice shall be ineffective if the Delivery Date has occurred by the date such notice is given or if the notice is given after the lapse of said 110 day period) to terminate this Lease, as Additional Rentand if Tenant timely gives such notice of termination, an amount equal any amounts previously paid by either party to the Base Rent, calculated on a per diem basis without giving effect other pursuant to any period of rent abatement (this Lease shall promptly be returned and the “Interim Rent”), multiplied by the number of days of Tenant Delay. Accrued Interim Rent due parties shall have no further obligations to Tenant Delay shall be due and payable within ten (10) days following Landlord’s invoice thereforeach other hereunder.

Delivery of Premises. The parties anticipate that the Premises shall -------------------- be Ready for Occupancy within thirty (a30) days of the scheduled term commencement date set forth in the Fundamental Lease Provisions. In the event that it becomes apparent to Landlord that the Premises shall not be Ready for occupancy within ten (10) days of the scheduled term commencement date, Landlord shall tender use reasonable efforts to advise Tenant of the anticipated date that the Premises will be ready for occupancy at least ten (10) days prior to such date, but the failure to give such notice shall not constitute a default hereunder by Landlord. Tenant agrees that in the event of the inability of Landlord to deliver possession of the Premises to Tenant with the improvements required by the Improvement Agreement substantially complete (as that scheduled term is defined in the Improvement Agreement)commencement date, on the Commencement Date, and, subject to the foregoing, Tenant shall accept delivery of the Premises, which acceptance shall, subject to the terms of Section 2.2(b) below, constitute agreement by Tenant that the Premises are in the condition required by this Lease. This Lease shall not be void or voidable, no obligation of Tenant nor shall Landlord be affected, and Landlord shall have no liability liable to Tenant for any Claims arising out loss or damage resulting therefrom, but in such event Tenant shall not be liable for any rent until the Premises are ready for occupancy. Any failure to deliver possession at the scheduled term commencement date, shall not affect the obligations of or resulting from any failure of Tenant hereunder, except that if Landlord has failed to Substantially Complete Landlord’s Work or to tender deliver possession of the Premises to Tenant on or before the Target Commencement Date. If because of any Tenant Delay within six (as defined in the Improvement Agreement), Substantial Completion of Landlord’s Work or delivery of the Premises to Tenant occurs 6) months after the Target Commencement Datescheduled term commencement date, then Landlord or Tenant shall pay to Landlordmay, as Additional Rentat either option, an amount equal by notice in writing to the Base Rentother party within thirty (30) days thereafter, calculated on a per diem basis without giving effect to any period of rent abatement (cancel this Lease, in which event the “Interim Rent”), multiplied by the number of days of Tenant Delay. Accrued Interim Rent due to Tenant Delay parties shall be due and payable within ten (10) days following Landlord’s invoice therefordischarged from all obligations hereunder.

Delivery of Premises. (a) Upon Substantial Completion of the Tenant Improvements, Landlord shall tender deliver possession of the Premises to Tenant. If Landlord has not Substantially Completed all the Tenant with the improvements required by the Improvement Agreement substantially complete (as that term is defined in the Improvement Agreement), on the Commencement Date, and, subject to the foregoing, Tenant shall accept delivery of the Premises, which acceptance shall, subject to the terms of Section 2.2(b) below, constitute agreement by Tenant that the Premises are in the condition required by this Lease. This Lease shall not be void or voidable, no obligation of Tenant shall be affected, Improvements and Landlord shall have no liability to Tenant for any Claims arising out of or resulting from any failure of Landlord to Substantially Complete Landlord’s Work or to tender tendered possession of the Premises to Tenant on or before the Target Scheduled Commencement Date. If because of , or if Landlord is unable for any Tenant Delay (as defined in the Improvement Agreement), Substantial Completion of Landlord’s Work or delivery other reason to deliver possession of the Premises to Tenant occurs on or before such date, neither Landlord nor its representatives shall be liable to Tenant for any damage resulting from the delay in completing such construction obligations and/or delivering possession to Tenant and the Lease shall remain in full force and effect unless and until it is terminated under the express provisions of this paragraph. Notwithstanding the foregoing, if the Commencement Date has not occurred or been deemed to have occurred within one (1) year after the Target Scheduled Commencement Date, (i) and if the same is not due to a Tenant Delay, then Tenant shall pay to LandlordTenant, as Additional Rent, an amount equal by written notice to the Base Rent, calculated on a per diem basis without giving effect to any period of rent abatement (the “Interim Rent”), multiplied by the number of days of Tenant Delay. Accrued Interim Rent due to Tenant Delay shall be due and payable other party given within ten (10) days following after the expiration of such one (1) year period, may terminate this Lease without any liability to Landlord and (ii) and if the same is not due to a delay caused by Landlord’s invoice therefor, then Landlord, by written notice to the other party given within ten (10) days after the expiration of such one (1) year period, may terminate this Lease without liability to Tenant. Notwithstanding the foregoing, Tenant shall have no right to terminate this Lease if and to the extent such delay in Substantial Completion is caused by a Tenant Delay.

Delivery of Premises. Commencing two (a2) business days after mutual execution and delivery of this Lease (“Delivery Date”), Landlord shall tender possession of permit Tenant and its contractors and agents to have access to the Premises for the construction of its Tenant Improvement Work therein pursuant to the Tenant with Improvement Letter. If Landlord fails to permit Tenant and its contractors and agents to have access to the improvements required by Premises throughout the Improvement Agreement substantially complete (as that term is defined in the Improvement Agreement), period commencing on the Delivery Date without material interference by Landlord or its contractors and agents, and if such failure continues for more than two (2) days after notice thereof by Tenant, then the Commencement Date, and, subject to Date shall be extended for one day for each such day of delay in Tenant’s access caused by Landlord (or its contractors and agents) following the foregoing, Tenant shall accept delivery lapse of the Premises, which acceptance shall, subject to the terms of Section 2.2(b) below, constitute agreement by Tenant that the Premises are in the condition required by this Leasesuch 2 day period. This Lease shall not be void void, voidable or voidablesubject to termination, no obligation of Tenant nor shall Landlord be affected, and Landlord shall have no liability liable to Tenant for any Claims arising out of loss or damage, resulting from any failure of Landlord to Substantially Complete Landlord’s Work or inability to tender possession of deliver the Premises to Tenant on or before as required herein, without limiting the Target Commencement Date. If because of any Tenant Delay (as defined foregoing day for day delay in the Improvement Agreement), Substantial Completion of Landlord’s Work or Commencement Date with respect to any delay in delivery of the Premises to Tenant occurs the extent caused by Landlord or its contractors or agents; provided, however, that if the Delivery Date has not occurred within ninety (90) days after the Target Commencement DateLease Date (without regard to any force majeure delays), then Tenant shall pay have the right, by giving notice thereof to LandlordLandlord within one hundred ten (110) days after the Lease Date (which notice shall be ineffective if the Delivery Date has occurred by the date such notice is given or if the notice is given after the lapse of said 110 day period) to terminate this Lease, as Additional Rentand if Tenant timely gives such notice of termination, an amount equal any amounts previously paid by either party to the Base Rent, calculated on a per diem basis without giving effect other pursuant to any period of rent abatement (this Lease shall promptly be returned and the “Interim Rent”), multiplied by the number of days of Tenant Delay. Accrued Interim Rent due parties shall have no further obligations to Tenant Delay shall be due and payable within ten (10) days following Landlord’s invoice thereforeach other hereunder.

Delivery of Premises. The parties anticipate that the Premises shall --------------------- be Ready for Occupancy within thirty (a30) days of the scheduled term commencement date set forth in the Fundamental Lease Provisions. In the event that it becomes apparent to Landlord that the Premises shall not be Ready for occupancy within ten (10) days of the scheduled term commencement date, Landlord shall tender use reasonable efforts to advise Tenant of the anticipated date that the Premises will be ready for occupancy at least ten (10) days prior to such date, but the failure to give such notice shall not constitute a default hereunder by Landlord. Tenant agrees that in the event of the inability of Landlord to deliver possession of the Premises to Tenant with the improvements required by the Improvement Agreement substantially complete (as that scheduled term is defined in the Improvement Agreement)commencement date, on the Commencement Date, and, subject to the foregoing, Tenant shall accept delivery of the Premises, which acceptance shall, subject to the terms of Section 2.2(b) below, constitute agreement by Tenant that the Premises are in the condition required by this Lease. This Lease shall not be void or voidable, no obligation of Tenant nor shall Landlord be affected, and Landlord shall have no liability liable to Tenant for any Claims arising out loss or damage resulting therefrom, but in such event Tenant shall not be liable for any rent until the Premises are ready for occupancy. Any failure to deliver possession at the scheduled term commencement date, shall not affect the obligations of or resulting from any failure of Tenant hereunder, except that if Landlord has failed to Substantially Complete Landlord’s Work or to tender deliver possession of the Premises to Tenant on or before the Target Commencement Date. If because of any Tenant Delay within six (as defined in the Improvement Agreement), Substantial Completion of Landlord’s Work or delivery of the Premises to Tenant occurs 6) months after the Target Commencement Datescheduled term commencement date, then Landlord or Tenant shall pay to Landlordmay, as Additional Rentat either option, an amount equal by notice in writing to the Base Rentother party within thirty (30) days thereafter, calculated on a per diem basis without giving effect to any period of rent abatement (cancel this Lease, in which event the “Interim Rent”), multiplied by the number of days of Tenant Delay. Accrued Interim Rent due to Tenant Delay parties shall be due and payable within ten (10) days following Landlord’s invoice therefordischarged from all obligations hereunder.

Delivery of Premises. (a) Upon Substantial Completion of the Tenant Improvements, Landlord shall tender deliver possession of the Premises to Tenant. If Landlord has not Substantially Completed the Tenant with the improvements required by the Improvement Agreement substantially complete (as that term is defined in the Improvement Agreement), on the Commencement Date, and, subject to the foregoing, Tenant shall accept delivery of the Premises, which acceptance shall, subject to the terms of Section 2.2(b) below, constitute agreement by Tenant that the Premises are in the condition required by this Lease. This Lease shall not be void or voidable, no obligation of Tenant shall be affected, Improvements and Landlord shall have no liability to Tenant for any Claims arising out of or resulting from any failure of Landlord to Substantially Complete Landlord’s Work or to tender tendered possession of the Premises to Tenant on or before the Target Scheduled Commencement Date. If because Date specified in Section 2 - TERM; POSSESSION of the Lease, or if Landlord is unable for any Tenant Delay (as defined in the Improvement Agreement), Substantial Completion of Landlord’s Work or delivery other reason to deliver possession of the Premises to Tenant occurs on or before such date, neither Landlord nor its representatives shall be liable to Tenant for any damage resulting from the delay in completing such construction obligations and/or delivering possession to Tenant and the Lease shall remain in full force and effect unless and until it is terminated under the express provisions of this Paragraph or the Lease. If any delays in Substantially Completing the Tenant Improvements are attributable to Tenant Delays, then the Premises shall be deemed to have been Substantially Completed and delivered to Tenant on the date on which Landlord could have Substantially Completed the Premises and tendered the Premises to Tenant but for such Tenant Delays. Notwithstanding the foregoing, if the Commencement Date has not occurred or been deemed to have occurred within four (4) months after the Target Scheduled Commencement Date, then Tenant shall pay to Landlordeither party, as Additional Rent, an amount equal by written notice to the Base Rent, calculated on a per diem basis without giving effect to any period of rent abatement (the “Interim Rent”), multiplied by the number of days of Tenant Delay. Accrued Interim Rent due to Tenant Delay shall be due and payable other party given within ten (10) days following Landlord’s invoice thereforafter the expiration of such four (4) month period, may terminate this Lease without any liability to the other party. If Tenant fails to perform any of Tenant's obligations under this Construction Rider within the time periods specified herein, Landlord may, in lieu of terminating the Lease under the foregoing provisions, treat such failure of performance as an Event of Default under the Lease.

Delivery of Premises. (a) Landlord shall tender possession of the Premises Subject to Tenant with the improvements required by the Improvement Agreement substantially complete (as that term is defined in the Improvement Agreement)Section 3.5, on the Commencement Date, and, subject to the foregoing, Tenant shall accept delivery of the Premises, which acceptance shall, subject to the terms of Section 2.2(b) below, constitute agreement by Tenant that the Premises are in the condition required by this Lease. This Lease shall not be void or voidable, no obligation of Tenant shall be affected, and Landlord shall have no liability will use commercially reasonable efforts to Tenant for any Claims arising out of or resulting from any failure of Landlord to Substantially Complete Landlord’s Work or to tender deliver possession of the Premises to Tenant on or before the Target Commencement Effective Date. If because of any Tenant Delay (as defined in the Improvement Agreement), Substantial Completion of Landlord’s Work or delivery Landlord does not deliver possession of the Premises to Tenant occurs on the Effective Date, Landlord shall not be liable to Tenant for any damages, the Lease will remain in full force and effect, and the obligations of Tenant under this Lease will not be affected. If Landlord does not deliver possession of the Premises to Tenant within 30 days after the Target Commencement DateEffective Date and provided that Tenant is not responsible for such delay, then Tenant may elect to cancel this Lease by giving written notice to Landlord within 10 days after the 30-day period ends. If Tenant gives such notice, the Lease shall be cancelled, each party shall return all things of value received from the other, and neither Landlord nor Tenant shall pay have any further obligations under the Lease. If Tenant does not give such notice, Tenant's right to Landlord, as Additional Rent, an amount equal cancel the Lease shall expire and the Term shall commence upon the delivery of possession of the Premises to Tenant. If delivery of possession of the Base Rent, calculated on a per diem basis without giving effect to any period of rent abatement (the “Interim Rent”), multiplied by the number of days of Tenant Delay. Accrued Interim Rent due Premises to Tenant Delay shall be due is delayed, Landlord and payable within ten (10) days following Landlord’s invoice thereforTenant shall, upon such delivery, execute an amendment to this Lease setting forth the new Rent Commencement Date and new Expiration Date of the Lease.

Delivery of Premises. (a) Landlord shall tender possession of Tenant acknowledges that Xxxxxx has had an opportunity to inspect the Premises. Except for Landlord’s Work as expressly set forth hereinafter, the Premises shall be delivered to Tenant “As Is,” “Where Is” with all faults and without representation, warranty or guaranty of any kind by Landlord to Tenant. Notwithstanding the improvements required by the Improvement Agreement substantially complete (as that term is defined in the Improvement Agreement), on the Commencement Date, andforegoing, subject to the foregoingfollowing provisions, Tenant Landlord shall accept delivery complete the work, a preliminary description of which is identified in Exhibit B, pursuant to the PremisesFinal Plans, which acceptance shallas defined below (“Landlord’s Work”). Xxxxxxxx agrees to use reasonable efforts to have Xxxxxxxx’s Work substantially completed no later than the Scheduled [*****] A CONFIDENTIAL PORTION OF THE MATERIAL HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. Access Date, subject to the terms of Section 2.2(b) delays beyond Landlord’s reasonable control and delays caused by Xxxxxx. Except as expressly provided otherwise, in this paragraph, below, constitute agreement by Landlord shall in no way be liable to Tenant that the Premises are in the condition required by this Lease. This Lease or any other party, and Xxxxxx’s obligations shall not be void or voidable, no obligation of Tenant shall be affected, and Landlord shall have no liability to Tenant for any Claims arising out of or resulting from any failure of Landlord to Substantially Complete reduced hereunder in the event such construction work is not substantially completed by the Scheduled Access Date. If Landlord’s Work or to tender possession of the Premises to Tenant is not substantially completed on or before the Target date that is thirty (30) days after the Scheduled Access Date for any reason except delays caused by matters set forth in Section 10.11 of this Lease or delays caused by Tenant, Tenant shall be entitled to [****] for each and every day from such date to the date of actual substantial completion of Landlord’s Work, and the actual Term Commencement DateDate shall be delayed by one day for each day of delay until the construction of the Landlord’s Work is substantially complete. If because Landlord’s Work is not substantially complete on or before the date which [****] days after the Scheduled Access Date for any reason except delays caused by matters set forth in Section 10.11 of this Lease or delays caused by Tenant, Tenant shall be entitled to [****] for each and every day from the seventy sixth (76th) day after the Scheduled Access Date to the date of actual substantial completion of the Landlord’s Work and the actual Term Commencement Date shall be delayed by [****] days for each day of such delay after such date until the construction of the Landlord’s Work is substantially completed. If Landlord’s Work is not substantially completed on or before the date which is [****] days after the Scheduled Access Date for any reason except delays caused by matters set forth in Section 10.11 of this Lease or delays caused by Tenant, then Tenant shall have the right to terminate this Lease by giving fifteen (15) days’ prior written notice of its exercise of said termination right at any time thereafter, whereupon the Security Deposit and any other sums theretofore paid to Landlord by Tenant shall be promptly returned to Tenant and Tenant shall have no further liability under this Lease (provided that if the Landlord’s Work is substantially complete within [****] days following such notice, then Tenant’s termination right shall be deemed rescinded and Tenant’s obligations hereunder shall continue as if no such election had occurred; however, such rescission shall not in any manner affect the delay of the actual Term Commencement Date as set forth in the preceding sentence). Subject to the provisions hereof, Landlord shall undertake Landlord’s Work to prepare the Premises for Tenant’s use and occupancy in accordance with the Final Plans approved as set forth below using contractors and subcontractors selected by Landlord. For the purposes hereof, Landlord and Tenant have approved the preliminary plans (“Preliminary Plans”) identified in Exhibit B for the Landlord Work. Landlord shall prepare final architectural plans (“Final Plans”) in substantial conformance with the Preliminary Plans. The Final Plans need not include working or shop drawings, but must be sufficient to secure any necessary building permits. Landlord shall deliver copies of the Final Plans to Tenant as soon as reasonably possible, but in all events within thirty five (35) days after the Date of Lease Execution. Once the Final Plans have been prepared, Landlord shall thereupon cause the Landlord’s Work to be completed in accordance with the Final Plans by a licensed contractor in a good and workmanlike manner and in accordance with all applicable laws. In the event of any Tenant Delay conflict between the plans and specifications that are part of the Preliminary Plans or the Final Plans, the specifications shall control, provided that Landlord shall be entitled to substitute materials of similar quality to any materials specified in the plans or specification (if the specified materials are not readily available). Once installed, such improvements (except for items considered to be trade fixtures, if any) shall be part of the Premises and the sole property of Landlord. Landlord shall pay the Improvement Cost (as defined hereafter defined) necessary to complete the work set forth on the Final Plans. Improvement Cost shall mean all costs to design and construct Landlord’s Work, including without limitation the cost of all labor and materials and Landlord’s architectural, space planning and permit costs and all payments to the contractor that performs the Landlord’s Work. Tenant is not entitled to require any changes in the Improvement Agreement)Final Plans after their approval; provided, Substantial Completion however, that if Tenant nevertheless requests any change and Landlord assents thereto, such assent not to be unreasonably withheld, conditioned or delayed, Tenant shall pay any additional costs required to implement any such changes, including, without limitation, architectural fees and construction cost increases (including costs of delay) plus a fee equal to five percent (5%) of such costs. Tenant shall pay Landlord for such costs as additional rent within five (5) days after written notice from Landlord of the amount due. Any requests by Tenant for changes in the Final Plans shall constitute an agreement by Tenant to any delay in completion of the Landlord’s Work caused by reviewing, processing and implementing such changes, provided Landlord provides Tenant with an estimate of such delay in writing prior to the implementation of the change and Tenant agrees to the same in writing. If Landlord’s Work is delayed due to any delay resulting from Xxxxxxxx’s reviewing, processing and implementing such changes, or from any act or omission of Tenant or Tenant’s representatives, including, but not limited to, any delay by Tenant in the submission of plans, drawings, specifications or other information, or in approving any working drawings or estimates or in giving any authorization or approval, for the purposes of calculating when Annual Base Rent commences to be paid (including the date from which Free Rent is measured) the Premises shall be deemed substantially completed on the date when they would have been ready but for such delay. Landlord warrants that all of Landlord’s Work will be free of material defects in workmanship and materials for a period of one (1) year from the Tenant Access Date. Further, upon written request from Xxxxxx, Xxxxxxxx agrees to use reasonable efforts to enforce its rights under any third-party warranties related to any defective components of Landlord’s Work; provided, however, Landlord shall not be required to incur any costs or delivery expenses in said efforts. Xxxxxx agrees to promptly notify Landlord of any observed material defects. In addition to the Premises to Tenant occurs after Landlord’s Work, Xxxxxxxx agrees that on or before the Target Term Commencement Date, then Tenant Landlord shall pay to Landlord, as Additional Rent, do the following: (1) provide an amount equal to operating on-site food service establishment in the Base Rent, calculated on Park; and (2) replace the HVAC unit currently servicing the Premises with a per diem basis without giving effect to any period of rent abatement (the “Interim Rent”), multiplied by the number of days of Tenant Delay. Accrued Interim Rent due to Tenant Delay shall be due new and payable within ten (10) days following Landlord’s invoice thereforappropriately sized unit.

Delivery of Premises. (a) Landlord shall tender possession of The Premises will be delivered to Tenant empty and in broom clean condition with all systems in good operating condition. Any furniture or other personal property in the Premises to may be used by Tenant with during the improvements required by the Improvement Agreement substantially complete (as lease and any extensions free of charge. Landlord and Tenant shall agree on an inventory list of property that term is defined Tenant will use in the Improvement Agreement)Premises, on such inventory list to be provided to Landlord no later than sixty (60) days prior to the Commencement Date, and, subject to the foregoing, Tenant shall accept delivery of the Premises, which acceptance shall, subject to the terms of Section 2.2(b) below, constitute agreement by Tenant that the Premises are in the condition required by this Lease. This Lease shall not be void or voidable, no obligation of Tenant shall be affected, and Landlord shall have no liability to Tenant remove the remaining furniture and/or equipment from the Premises. If, for any Claims arising out of or resulting from any failure of reason not caused by Tenant, Landlord to Substantially Complete Landlord’s Work or to tender cannot deliver possession of the Premises to Tenant on or before the Target Commencement Date, this Lease will not be void or voidable, nor will Landlord be liable to Tenant for any loss or damage resulting from such delay, but in such event, the Commencement Date and Tenant’s obligation to pay Rent will not commence until Landlord delivers possession to Tenant. If because the delay in possession is caused by Tenant, then the Term and Tenant’s obligation to pay Rent will commence as of any the Commencement Date even though Tenant Delay (as defined in does not yet have possession. Notwithstanding the Improvement Agreement)foregoing, Substantial Completion of Landlord’s Work or delivery Landlord will not be obligated to deliver possession of the Premises to Tenant occurs after (but Tenant will be liable for Rent if Landlord can otherwise deliver the Target Commencement DatePremises to Tenant) until Landlord has received from Tenant all of the following: (i) a copy of this Lease fully executed by Tenant and the guaranty of Tenant’s obligations under this Lease, then Tenant shall pay to Landlordif any, as Additional Rentexecuted by the Guarantor(s); (ii) the Security Deposit, an amount equal to if required, and the first installment of monthly Base Rent, calculated on a per diem basis without giving effect to any period ; and (iii) copies of rent abatement (policies of insurance or documents evidencing compliance with the “Interim Rent”), multiplied by the number of days of Tenant Delay. Accrued Interim Rent due to Tenant Delay shall be due and payable within ten (10) days following Landlord’s invoice thereforminimum insurance requirements as required in this Lease.

Delivery of Premises. (a) Landlord shall tender deliver possession of the First -------------------- Expansion Premises to Tenant with the improvements required by the Improvement Agreement substantially complete (as that term is defined in the Improvement Agreement), on the Commencement Date, and, subject to the foregoing, Tenant shall accept delivery upon execution of the Premises, which acceptance shall, subject to the terms of Section 2.2(b) below, constitute agreement by Tenant that the Premises are in the condition required by this Lease. This Lease shall not be void or voidable, no obligation of Tenant shall be affected, and Landlord shall have no liability to Tenant for any Claims arising out of or resulting from any failure of Landlord to Substantially Complete Landlord’s Work or to tender deliver possession of the Second Expansion Premises to Tenant when Landlord obtains possession thereof from the Existing Tenant pursuant to the provisions of Section 2 of the Lease. If Landlord is unable for any reason to deliver possession of the First Expansion Premises or the Second Expansion Premises to Tenant on or before the Target respective Scheduled Commencement Date. If because of any Tenant Delay (as defined in the Improvement Agreement)Dates, Substantial Completion of Landlord’s Work or delivery of the Premises neither Landlord nor its representatives shall be liable to Tenant occurs for any damage resulting from the delay in delivering possession to Tenant and the Lease shall remain in full force and effect unless and until it is terminated under the express provisions of this Paragraph. Notwithstanding the foregoing, if the Second Expansion Premises Commencement Date has not occurred or been deemed to have occurred within six (6) months after the Target Scheduled Second Expansion Premises Commencement Date, then Tenant shall pay to Landlordeither party, as Additional Rent, an amount equal by written notice to the Base Rent, calculated on a per diem basis without giving effect to any period of rent abatement (the “Interim Rent”), multiplied by the number of days of Tenant Delay. Accrued Interim Rent due to Tenant Delay shall be due and payable other party given within ten (10) days following after the expiration of such six (6) month period, may terminate this Lease with respect to the Second Expansion Premises without any liability to the other party; provided, however, that if the delay in the Second Expansion Premises Commencement Date is caused by delays of the type described in Section 26 -Force Majeure of the Lease, and if Tenant elects to terminate as provided above, then Tenant shall reimburse Landlord’s invoice therefor, within thirty (30) days after receipt of notification from Landlord of the amounts due, for any amounts expended or incurred by Landlord for the design, construction and installation of the Tenant Improvements and for brokerage commissions and legal fees in connection with the preparation and negotiation of the Lease.

Delivery of Premises. (a) Landlord Tenant acknowledges that it has had an opportunity to conduct, and has conducted, such inspections of the Premises as it deems necessary to evaluate its condition. Except as otherwise specifically provided herein, Tenant shall tender accept possession of the Premises to Tenant with the improvements required by the Improvement Agreement substantially complete (as that term is defined in the Improvement Agreement), on the Commencement Date, and, subject to the foregoing, Tenant shall accept delivery of the Premises, which acceptance shallits then existing "AS-IS" condition, subject to the terms of Section 2.2(b) 2.3, below, constitute agreement by Tenant that the Premises are in the condition required by this Lease. This Lease shall not be void or voidable, no obligation of Tenant shall be affected, and Landlord shall have no liability to Tenant for any Claims arising out of or resulting from any failure of Landlord to Substantially Complete Landlord’s Work or to tender possession of deliver the Premises to Tenant on promptly following the later to occur of (i) the full execution and delivery of this Lease by Landlord and Tenant, (ii) termination of the lease with, and the vacancy of the Premises by, the Existing Tenant, as that term is defined in Section 2.4, below, and (iii) the date Tenant has delivered to Landlord satisfactory evidence of the insurance coverage required to be carried by Tenant in accordance with this Lease (as applicable, the “Delivery Date”), for the purpose of Tenant constructing the Tenant Improvements and installing equipment or before fixtures (including Tenant's data and telephone equipment) in the Target Premises. Except as provided hereinbelow, all of the terms and conditions of the Lease shall apply as though the Lease Commencement Date had occurred (although the Lease Commencement Date shall not actually occur until the occurrence of the same pursuant to the terms of Section 2.1, above) upon the Delivery Date; provided, however, notwithstanding the foregoing, Tenant shall have no obligation to pay Base Monthly Rent attributable to the Premises, or Tenant's Share of Project Expenses attributable to the Premises, during any such period prior to the Lease Commencement Date. If because of At any time following the Delivery Date, Landlord may deliver to Tenant Delay (as defined a notice in the Improvement Agreement), Substantial Completion of Landlord’s Work or delivery form attached to this Lease as Exhibit C as a confirmation only of the Premises to Tenant occurs after the Target Commencement Dateinformation set forth therein, then which Tenant shall pay execute and return to Landlord, as Additional Rent, an amount equal to the Base Rent, calculated on a per diem basis without giving effect to any period of rent abatement Landlord within five (the “Interim Rent”), multiplied by the number of 5) days of Tenant Delay. Accrued Interim Rent due receipt thereof; provided, however, Tenant's failure to Tenant Delay timely execute and return such notice to Landlord shall be due and payable within ten (10) days following Landlord’s invoice therefordeemed Tenant's acknowledgement of the truth of the information set forth in such notice.

Delivery of Premises. At the end of the Term or any renewal thereof or other sooner termination (aincluding partial termination) of this Lease, Tenant will peaceably deliver to Landlord shall tender possession of the Premises to Tenant with (or relevant portion thereof) and the improvements required by Improvements (including, without limitation, the Improvement Agreement substantially complete Building and all Alterations (as that term is defined or in the Improvement Agreementcase of a partial termination, the portions thereof corresponding to the portion of the Premises being terminated) that Landlord does not require be removed pursuant to Paragraph 6), on by whomsoever made. If at the Commencement Date, and, subject to the foregoingtime of such termination no Reinstatement or Occupancy has occurred, Tenant shall accept delivery surrender the Premises and Improvements (or relevant portion thereof) in their then-existing condition, "as-is", "where-is" and with all faults; if at the time of such termination Reinstatement has occurred with respect to the Premises (or the portion thereof being terminated), or Tenant is then in Occupancy of the PremisesPremises or such portion, which acceptance shallTenant shall deliver the Premises and Improvements (or such portion), in substantially the same condition as received, or first installed, subject to the terms of Section 2.2(b) belowParagraphs 6, constitute agreement 21 and 39, subject to normal wear and tear and the rights and obligations of the parties concerning casualty damage pursuant to Paragraph 20. Tenant may, upon the termination of this Lease, remove all movable furniture and equipment belonging to Tenant, at Tenant's sole cost, provided that Tenant repairs any damage caused by Tenant that such removal. Property not so removed by the Premises are Expiration Date (or in the condition required by this Lease. This Lease shall not be void or voidableevent of an earlier termination, no obligation within five (5) days of Tenant such earlier termination date) shall be affecteddeemed abandoned by Tenant, and Landlord title to the same shall have no liability to Tenant for any Claims arising out of or resulting from any failure of Landlord to Substantially Complete Landlord’s Work or to tender possession of the Premises to Tenant on or before the Target Commencement Date. If because of any Tenant Delay (as defined in the Improvement Agreement), Substantial Completion of Landlord’s Work or delivery of the Premises to Tenant occurs after the Target Commencement Date, then Tenant shall pay thereupon pass to Landlord, as Additional Rent, an amount equal to the Base Rent, calculated on a per diem basis without giving effect to any period of rent abatement (the “Interim Rent”), multiplied by the number of days of Tenant Delay. Accrued Interim Rent due to Tenant Delay shall be due and payable within ten (10) days following Landlord’s invoice therefor.

Delivery of Premises. (a) Landlord Upon Substantial Completion of the Expansion Improvements, Lessor shall tender deliver possession of the Expansion Premises to Lessee. If Lessor has not Substantially Completed the Expansion Improvements and tendered possession of the Expansion Premises to Lessee on or before the Scheduled Expansion Commencement Date specified in Section 3 of the Amendment to which this Construction Rider is attached, or if Lessor is unable for any other reason to deliver possession of the Premises to Tenant with the improvements required by the Improvement Agreement substantially complete (Lessee on or before such date, then, except as that term is defined provided in the Improvement Agreement)Lease, neither Lessor nor its representatives shall be liable to Lessee for any damage resulting from the delay in completing such construction obligations or delivering possession to Lessee and this Amendment shall remain in full force and effect unless and until it is terminated under the express provisions of Section 3 of the Amendment. If any delays in Substantially Completing the Expansion Improvements are attributable to Lessee Delays, then the Premises shall be deemed to have been Substantially Completed and delivered to Lessee on the Commencement Date, and, subject to the foregoing, Tenant shall accept delivery of the Premises, date on which acceptance shall, subject to the terms of Section 2.2(b) below, constitute agreement by Tenant that Lessor could have Substantially Completed the Premises are in the condition required by this Lease. This Lease shall not be void or voidable, no obligation of Tenant shall be affected, and Landlord shall have no liability to Tenant for any Claims arising out of or resulting from any failure of Landlord to Substantially Complete Landlord’s Work or to tender possession of tendered the Premises to Tenant on or before the Target Commencement Date. If because of any Tenant Delay (as defined in the Improvement Agreement), Substantial Completion of Landlord’s Work or delivery of the Premises to Tenant occurs after the Target Commencement Date, then Tenant shall pay to Landlord, as Additional Rent, an amount equal to the Base Rent, calculated on a per diem basis without giving effect to any period of rent abatement (the “Interim Rent”), multiplied by the number of days of Tenant Delay. Accrued Interim Rent due to Tenant Delay shall be due and payable within ten (10) days following Landlord’s invoice thereforLessee but for such Lessee Delays.

Delivery of Premises. (a) Upon Substantial Completion of the Tenant Improvements, Landlord shall tender deliver possession of the Premises to Tenant. If Landlord has not Substantially Completed the Tenant with the improvements required by the Improvement Agreement substantially complete (as that term is defined in the Improvement Agreement), on the Commencement Date, and, subject to the foregoing, Tenant shall accept delivery of the Premises, which acceptance shall, subject to the terms of Section 2.2(b) below, constitute agreement by Tenant that the Premises are in the condition required by this Lease. This Lease shall not be void or voidable, no obligation of Tenant shall be affected, Improvements and Landlord shall have no liability to Tenant for any Claims arising out of or resulting from any failure of Landlord to Substantially Complete Landlord’s Work or to tender tendered possession of the Premises to Tenant on or before the Target Term Commencement Date. If because of any Tenant Delay (as defined Date specified in the Improvement Agreement)Lease, Substantial Completion of Landlord’s Work or delivery if Landlord is unable for any other reason to deliver possession of the Premises to Tenant occurs after on or before such date, neither Landlord nor its representatives shall be liable to Tenant for any damages resulting from the Target Commencement Datedelay in completing such construction obligations and/or delivering possession to Tenant and the Lease shall remain in full force and effect unless and until it is terminated under the express provisions of this Section. If any delays in Substantially Completing the Tenant Improvements are attributable to Tenant Delays (as defined in Section 5 of this Construction Rider), then Tenant the Premises shall pay be deemed to Landlord, as Additional Rent, an amount equal to the Base Rent, calculated on a per diem basis without giving effect to any period of rent abatement (the “Interim Rent”), multiplied by the number of days of Tenant Delay. Accrued Interim Rent due have been Substantially Completed and delivered to Tenant Delay shall be due on the date on which Landlord could have Substantially Completed the Premises and payable tendered the Premises to Tenant but for such Tenant Delays. If Tenant fails to perform any of Tenant’s obligations under this Construction Rider within ten (10) days following Landlord’s invoice thereforthe time periods specified herein, Landlord may, in lieu of terminating the Lease under the foregoing provisions, treat such failure of performance as an Event of Default under the Lease.