Common use of Initial Premises Clause in Contracts

Initial Premises. Subject to any Tenant Delay (as defined in Exhibit B), Landlord shall deliver the Initial Premises to Tenant on the date that is the later of (i) November 1, 2006, or (ii) the next business day after the date that Improvements (as such term is defined in Exhibit B attached hereto) have been substantially completed (the “Commencement Date”). The anticipated Commencement Date is November 1, 2006. The Term of this Lease (“Term”) shall commence on the Commencement Date and shall end, unless sooner terminated as otherwise provided herein, at midnight on the last calendar day of the calendar month in which the five (5) year two month anniversary of the Commencement Date occurs (the “Termination Date”). Landlord and Tenant shall promptly execute a Memorandum of Lease Term Dates and Rent substantially in the form attached hereto as Exhibit D, confirming the finalized Commencement Date and Term as soon as they are determined. For purposes of establishing the Commencement Date, substantial completion shall be defined as that point in the construction process when all of the structural, mechanical, plumbing and electrical work specified herein has been performed; the paint, carpet, hard flooring materials, base moldings, and millwork, if any, have been installed, and the other finish work specified in Tenant’s plans has been completed in such a manner that Tenant could, if it took possession of the Premises, enjoy beneficial occupancy thereof except for any minor punch list items, which shall be completed promptly thereafter. Tenant’s taking possession of the Initial Premises and/or commencing Tenant’s normal business operations in the Initial Premises shall be deemed conclusive evidence that, as of the Commencement Date:

Initial Premises. Subject The "Commencement Date" shall be the earlier to any Tenant Delay occur of (as defined in Exhibit B)I) November 15, 2019, or (ii) the date that this Lease Is mutually executed and delivered by Landlord and Tenant. Landlord shall deliver Deliver(as defined below) the Initial Premises to Tenant on the date that is Commencement Date. The "Rent Commencement Date" with respect to the later of (i) November Initial Premises shall be December 1, 2006, or (ii) 2019. Prior to the next business day after the date that Improvements Subsequent Premises Commencement Date (as such term is defined below), references to "Premises" in Exhibit B attached hereto) have been substantially completed (the “Commencement Date”). The anticipated Commencement Date is November 1, 2006. The Term of this Lease (“shall mean the Initial Premises. During the Term”) , Tenant shall commence on have the Commencement Date and shall end, unless sooner terminated as otherwise provided hereinright to use, at midnight on no additional cost, the last calendar day of furniture, fixtures and equipment belonging to Landlord located within the calendar month in which the five (5) year two month anniversary Initial Premises as of the Commencement Date occurs (the “Termination Date”"Landlord's Initial Premises FF&E"). Landlord and Tenant shall promptly execute a Memorandum have no right to remove any of Lease Landlord's Initial Premises FF&E from the Initial Premises at any time during the Term. Tenant shall use reasonable efforts to maintain Landlord's Initial Premises FF&E and return the same to Landlord at the expiration or earlier termination of the Initial Premises Term Dates and Rent substantially in the form attached hereto same condition as Exhibit Dreceived by Txxxxx, confirming subject to ordinary wear and tear. Except as otherwise expressly set forth in this Lease: (i) Tenant shall accept the finalized Commencement Date Initial Premises and Term Landlord's Initial Premises FF&E In their ''as-is" condition as soon as they are determined. For purposes of establishing the Commencement Date, substantial completion subject to all applicable Legal Requirements; (ii} Landlord shall be defined as that point have no obligation for any defects in the construction process when all of the structural, mechanical, plumbing Initial Premises or Landlord's Initial Premises FF&E; and electrical work specified herein has been performed; the paint, carpet, hard flooring materials, base moldings, and millwork, if any, have been installed, and the other finish work specified in (iii) Tenant’s plans has been completed in such a manner that Tenant could, if it took possession of the Premises, enjoy beneficial occupancy thereof except for any minor punch list items, which shall be completed promptly thereafter. Tenant’s 's taking possession of the Initial Premises and/or commencing Tenant’s normal business operations in and Landlord's Initial Premises FF&E shall be conclusive evidence that Tenant accepts the Initial Premises shall be deemed conclusive evidence thatand Landlord's lnitial Premises FF&E, as of and that the Commencement Date:Initial Premises and Landlord's Initial Premises FF&E were In good condition at the time possession was taken.

Initial Premises. Subject to any Tenant Delay (as defined in Exhibit B)and upon the terms and conditions set forth herein, Landlord shall deliver the Initial Premises hereby leases to Tenant on and Tenant hereby hires from Landlord the date that is Premises located in the later of (i) November 1, 2006, or (ii) Office Building for the next business day after the date that Improvements (as such term is defined in Exhibit B attached hereto) have been substantially completed (the “Commencement Date”). The anticipated Commencement Date is November 1, 2006. The Term of this Lease (“Term”) shall commence period commencing on the Commencement Date and shall endending on the Expiration Date. Notwithstanding anything in this Lease to the contrary, unless sooner terminated as otherwise provided hereinLandlord may, at midnight its sole option, upon delivery of notice (the "Premises Modification Notice") to Tenant on or before August 30, 1996 (the last calendar day "Premises Modification Deadline"), elect to delete each of floors thirty-three (33), thirty-four (34) and thirty-eight (38) from the Premises (such space as is deleted to be referred to herein as the "Take Back Space"), and to include each of floors forty-three (43), forty-four (44) and forty-seven (47) in the Premises (such space as is added to be referred to herein as the "Additional Space"). In the event Landlord timely delivers the Premises Modification Notice, (i) for all purposes under this Lease, the "Premises" shall mean the Premises set forth in Section 1.1(S), above, excluding the Take Back Space but adding thereto the Additional Space, (ii) all numbers in this Lease which vary based upon the rentable square footage of the calendar month Premises shall be recalculated (including, but not limited to, the Base Rent and the Tenant Improvement Allowance) based upon the total rentable square footage of the Premises, as modified by the Premises Modification Notice, (iii) the Commencement Date shall be June 4, 1997 (the "Extended Commencement Date"), provided that in which the event that Landlord delivers the Premises Modification Notice prior to the Premises Modification Deadline, the Extended Commencement Date shall be one (1) day earlier for each day prior to the Premises Modification Deadline that Landlord delivers the Premises Modification Notice, (iv) the "Tenant Improvement Allowance," as that term is defined in Section 2.1 of the Tenant Work Letter, shall (A) be increased by an amount equal to, if the Premises Modification Notice is delivered on or before August 16, 1996, Twenty Thousand and No/100 Dollars ($20,000.00), and if the Premises Modification Notice is delivered after August 16, 1996 and prior to August 30, 1996, Forty Thousand and No/100 Dollars ($40,000.00), and (B) be decreased by an amount equal to Thirty Thousand Five Hundred Sixty-Eight and 20/100 Dollars ($30,568.20), (v) the "First Offer Space," as that term is defined in Section 1.2(B), below, shall be re-defined as the First Offer Space set forth in Section 1.2(B), below, but excluding the twenty-ninth (29th) floor of the Building and the Additional Space, but adding thereto the "Landlord Determined First Offer Floors," as that term is defined, below, and (vi) Section 1.13 of the Tenant Work Letter shall be deleted in its entirety. For purposes of modifying the definition of the Premises following Landlord's delivery of the Premises Modification Notice, if applicable, the forty-third (43rd) floor of the Building shall conclusively be deemed to consist of 26,830 rentable square feet of space, the forty-forth (44th) floor of the Building shall be conclusively deemed to consist of 26,830 rentable square feet of space, and the forty-seventh (47th) floor of the Building shall conclusively be deemed to consist of 26,830 rentable square feet of space. Landlord and Tenant hereby acknowledge and agree that (a) except as specifically set forth in item (iii), above, the Commencement Date shall not be extended as a result of Landlord's delivery of the Premises Modification Notice, and (b) except as specifically set forth in item (iv)(A), above, Tenant shall not be entitled to the payment of any fee or reimbursement of any cost or expense incurred by Tenant as a result of Landlord's delivery of the Premises Modification Notice. Within five (5) year two month anniversary business days following Landlord's delivery of the Commencement Date occurs (the “Termination Date”). Premises Modification Notice, if applicable, Landlord and Tenant shall promptly execute a Memorandum of an amendment to this Lease Term Dates and Rent substantially in the form attached hereto as Exhibit DK setting forth the foregoing terms. Notwithstanding anything to the contrary set forth in this Lease, confirming Landlord and Tenant hereby agree to be bound by the finalized Commencement Date and Term number of rentable square feet comprising the Premises, as soon as they are determinedset forth in Section 1.1(S), above, and, if applicable, this Section 1.2(A). For purposes of establishing this Section 1.2(A), the Commencement Date, substantial completion "Landlord Determined First Offer Floors," shall be defined as that point in the construction process when all mean any two (2) contiguous floors among floors two (2) through twelve (12) and eighteen (18) through twenty-one (21) of the structural, mechanical, plumbing and electrical work specified herein has been performed; the paint, carpet, hard flooring materials, base moldings, and millwork, if any, have been installed, and the other finish work specified in Tenant’s plans has been completed in such a manner that Tenant could, if it took possession of the Premises, enjoy beneficial occupancy thereof except for any minor punch list items, which shall be completed promptly thereafter. Tenant’s taking possession of the Initial Premises and/or commencing Tenant’s normal business operations in the Initial Premises shall be deemed conclusive evidence thatBuilding, as of designated by Landlord in its sole discretion during the Commencement Date:Term.

Initial Premises. Subject Landlord shall deliver to any Tenant Delay (as defined “Delivery” or “Deliver”) the Initial Premises on or before the Target Commencement Date with Landlord’s Work in Exhibit B)the Initial Premises Substantially Completed. If Landlord fails to timely Deliver the Initial Premises, Landlord shall deliver 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. Notwithstanding anything to the contrary contained herein, if Landlord fails to Deliver the Initial Premises to Tenant on or before the date that is 90 days after the later of Target Commencement Date (as such date may be extended for Force Majeure delays and Tenant Delays) (“Initial Premises Abatement Date”), Base Rent payable with respect to the Initial Premises shall be abated 1 day for each day after the Initial Premises Abatement Date (as such date may be extended for Force Majeure delays and Tenant Delays) that Landlord fails to Deliver the Initial Premises to Tenant. As used herein, the terms “Landlord’s Work” and “Substantially Completed” shall have the meanings set forth for such terms in the Work Letter. The “Commencement Date” shall be the earliest of: (i) November 1, 2006, or the date Landlord Delivers the Initial Premises to Tenant with Landlord’s Work in the Initial Premises Substantially Completed; (ii) the next business day after date Landlord could have Delivered the Initial Premises but for Tenant Delays; or (iii) the date that Improvements (as such term is defined Tenant conducts any business in Exhibit B attached hereto) have been substantially completed (the “Commencement Date”)Initial Premises or any part thereof. The anticipated Commencement Date is November 1, 2006. The Term of this Lease (“Term”) shall commence on the Commencement Date and shall end, unless sooner terminated Except as otherwise provided herein, at midnight on set forth in this Lease: (i) Tenant shall accept the last calendar day of the calendar month Initial Premises in which the five (5) year two month anniversary their condition as of the Commencement Date occurs Date; (the “Termination Date”). ii) Landlord and Tenant shall promptly execute a Memorandum of Lease Term Dates and Rent substantially have no obligation for any defects in the form attached hereto as Exhibit D, confirming the finalized Commencement Date Initial Premises; and Term as soon as they are determined. For purposes of establishing the Commencement Date, substantial completion shall be defined as that point in the construction process when all of the structural, mechanical, plumbing and electrical work specified herein has been performed; the paint, carpet, hard flooring materials, base moldings, and millwork, if any, have been installed, and the other finish work specified in Tenant’s plans has been completed in such a manner that Tenant could, if it took possession of the Premises, enjoy beneficial occupancy thereof except for any minor punch list items, which shall be completed promptly thereafter. (iii) Tenant’s taking possession of the Initial Premises and/or commencing Tenant’s normal business operations in shall be conclusive evidence that Tenant accepts the Initial Premises. Any occupancy of the Initial Premises by Tenant before the Commencement Date shall be deemed conclusive evidence that, as subject to all of the Commencement Date:terms and conditions of this Lease, including the obligation to pay Base Rent and Operating Expenses.