Common use of Lease Grant Clause in Contracts

Lease Grant. Landlord, in consideration of the Rent to be paid and the other covenants and agreements to be performed by Tenant and upon the terms and conditions hereinafter stated, does hereby lease, demise and let unto Tenant the Premises commencing on the Commencement Date as defined in Section 1(e) hereof, or as adjusted as hereinafter provided) and ending on the last day of the Lease Term, unless sooner terminated or extended, as hereinafter provided. Landlord agrees to deliver the Premises in its “as is” condition to Tenant on the Delivery Date, fully vacated and in “broom clean” condition to allow Tenant to commence the construction of the Tenant Improvements in accordance with the Work Letter set forth in Exhibit B attached hereto. For every day following the Delivery Date that Landlord has failed to deliver the Premises to Tenant in fully vacated and “broom clean” condition, the date provided for in Section 1(e) shall be extended one (1) day. Landlord agrees that Tenant may occupy the Premises prior to the Commencement Date for the purpose of constructing the Tenant Improvements pursuant to the Work Letter without payment of Rent but otherwise in accordance with the terms and conditions of this Lease. By commencing construction of the Tenant Improvements, Tenant shall be deemed to have accepted the same as suitable for the purposes herein intended and to have acknowledged that the same comply fully with Landlord’s covenants and obligations except as stated in writing by Tenant. Tenant’s acceptance of the Premises shall not in any way relieve Landlord of its responsibilities as set forth in Section 40 hereof. After the Commencement Date of this Lease, Tenant shall, within ten (10) days after request from Landlord, execute and deliver to Landlord a letter of acceptance of delivery of the Premises, which letter shall also state the Commencement Date, the Expiration Date, the size of the Premises, the Basic Rent and Tenant’s Prorata Share.

Lease Grant. Landlord, in consideration of the Rent rent to be paid and the other covenants and agreements to be performed by Tenant and upon the terms and conditions hereinafter herein stated, does hereby lease, demise lease and let unto Tenant the Premises, in their “as is” condition on the date hereof, unless Landlord is required by the terms of this Lease to perform any work to prepare the Premises for Tenant’s occupancy, commencing on the Commencement Date (as defined in Section 1(e) hereof, or as may be adjusted as hereinafter provided) and ending on the last day of the Lease TermExpiration Date, unless sooner terminated or extended, as hereinafter herein provided. If this Lease is executed before the Premises become vacant, or otherwise available and ready for occupancy, or if any present tenant or occupant of the Premises holds over, and Landlord cannot acquire possession of the Premises prior to the Commencement Date of this Lease or cannot tender possession to Tenant for any reason, except as shall result from any act or omission of Tenant or its agents or employees (in which event the Commencement Date will not be changed and Rental will not be waived), Landlord shall not be deemed to be in default hereunder, and Tenant agrees to deliver accept possession of the Premises in its “at such time as is” condition Landlord is able to Tenant on tender the Delivery Date, fully vacated and in “broom clean” condition to allow Tenant to commence the construction of the Tenant Improvements same in accordance with the Work Letter set forth terms of this Lease Agreement, such date shall be deemed to be the Commencement Date, this Lease shall continue for the term specified in Exhibit B attached hereto. For every day following Paragraph 1 (d) hereof, and Landlord hereby waives the Delivery Date that Landlord has failed Monthly Rental Payments or portion(s) thereof for such period prior to deliver the tendering of possession of the Premises to Tenant. Should Tenant in fully vacated and “broom clean” condition, the date provided for in Section 1(e) shall be extended one (1) day. Landlord agrees that Tenant may occupy the Premises prior to the Commencement Date specified in Paragraph 1 (d), the Commencement Date shall be altered to coincide with said occupancy, however, the Expiration Date shall remain unchanged. The taking of possession, or the occupying or assuming control over the Premises by Tenant shall be conclusive evidence (i) that the Premises are suitable for the purpose of constructing the Tenant Improvements pursuant to the Work Letter without payment of Rent but otherwise in accordance with the terms and conditions of this Lease. By commencing construction of the Tenant Improvements, Tenant shall be deemed to have accepted the same as suitable for the purposes herein intended and to have acknowledged that the Premises comply fully with Landlord’s covenants and obligations related thereto, except for “punchlist” items, if any, of which Tenant shall give Landlord written notice within twenty (20) days following such possession, occupancy or assumption of control; and (ii) that Tenant accepts the Building and the Land and each and every part and appurtenance thereof as being in a good and satisfactory condition, and acknowledges that same comply fully with Landlord’s covenants and obligations except as stated in writing by Tenantobligations. Tenant’s acceptance of Notwithstanding the foregoing, Landlord and Tenant agree that Tenant may use the Expansion Premises between October 1, 2012 and March 31, 2014 (“Interim Use”) and such Interim Use shall not in any way relieve Landlord of its responsibilities be deemed as set forth in Section 40 hereof. After the Commencement Date for Tenant’s use of the Expansion Premises nor shall such use be conclusive evidence (i) that the Expansion Premises are suitable for the purpose herein intended and that the Expansion Premises comply fully with Landlord’s covenants and obligations related thereto, except for “punchlist” items, if any, of which Tenant shall give Landlord written notice within twenty (20) days following such possession, occupancy or assumption of control; and (ii) that Tenant accepts the Expansion Premises and each and every part and appurtenance thereof as being in a good and satisfactory condition, and acknowledges that same comply fully with Landlord’s covenants and obligations. Tenant agrees to pay all utilities related to the Expansion Premises (on a prorated basis) that are directly attributable to Tenant’s Interim Use as well as all Additional Rent (on a prorated Basis) in accordance with this Lease, . Tenant shall, within ten (10) days after request from Landlord, execute and deliver shall not be required to Landlord a letter of acceptance of delivery of the Premises, which letter shall also state the Commencement Date, the Expiration Date, the size of the Premises, the pay Basic Rent and Tenant’s Prorata ShareMonthly Rental during such Interim Use period unless otherwise agreed to herein.

Lease Grant. Landlord, in consideration of the Rent rent to be paid and the other covenants and agreements to be performed by Tenant and upon the terms and conditions hereinafter stated, does hereby lease, demise and let unto Tenant the Premises commencing on the Commencement Date as defined in Section 1(e) hereof, or as adjusted as hereinafter provided) and ending on the last day of the Lease Term, unless sooner terminated or extended, as herein provided. If this lease is executed before the Premises are available and Ready For Occupancy (as hereinafter provideddefined) and Landlord cannot deliver possession on the anticipated Commencement Date, then Landlord shall not be deemed to be in default hereunder, and Tenant agrees to accept possession of the Premises at such time as Landlord is able to tender the same and such date shall be the Commencement Date and this lease shall continue for the entire Lease Term. Landlord agrees hereby waives payment of rent covering any period prior to deliver the Premises in its “as is” condition to Tenant on the Delivery Date, fully vacated and in “broom clean” condition to allow Tenant to commence the construction tendering of the Tenant Improvements in accordance with the Work Letter set forth in Exhibit B attached hereto. For every day following the Delivery Date that Landlord has failed to deliver possession of the Premises to Tenant in fully vacated hereunder, unless such delay is caused by Tenant or anyone acting under or for Tenant and “broom clean” condition, the date provided for in Section 1(e) such abatement shall be extended one (1) dayTenant's-sole remedy by reason of the Premises not being Ready For Occupancy. Landlord agrees that Likewise, should Tenant may occupy the Premises prior to the anticipated commencement date specified in Section I(h), the Commencement Date for the purpose of constructing the Tenant Improvements pursuant shall be altered to the Work Letter without payment of Rent but otherwise in accordance coincide with said occupancy with the anticipated ending date set forth in Section I(h) remaining unchanged. For the purposes hereof, the term "Ready For Occupancy" shall mean the first to occur of the following: (a) the date Landlord substantially completes the work required of it under terms and conditions of this LeaseExhibit "D" attached hereto AND SECURES A CERTIFICATE OF INSURANCE OR FINAL INSPECTION TO BE ISSUED BY THE CITY OF XXXXXXXXXX; or (b) the date Landlord would have substantially completed the work required of it under the terms of Exhibit "D" but for delays caused by Tenant, or its agents, employees or contractors; or (c) the date Tenant takes possession of the Premises. By commencing construction of occupying the Tenant ImprovementsPremises ON THE COMMENCEMENT DATE, Tenant shall be deemed to have accepted the same as suitable for the purposes herein intended and waives any defects in the Premises (WITH THE EXCEPTION OF ANY LATENT STRUCTURAL DEFECTS OR ANY LATENT OR PATENT DEFECTS IN THE IN THE WORK OF EXHIBIT "D") and all related improvements and appurtenances in the Building and to have acknowledged that the same comply fully with Landlord’s 's covenants and obligations except as stated in writing by Tenant. Tenant’s acceptance of the Premises shall not in any way relieve Landlord of its responsibilities as set forth in Section 40 hereofobligations. After the Commencement Date commencement date of this Lease, Tenant shall, within ten (10) days after upon request from Landlord, execute and deliver to Landlord a letter Letter of acceptance of delivery Acceptance of the Premises, which letter shall also state the Commencement Date, Date and the Expiration Date, the size of the Premises, the Basic Rent and Tenant’s Prorata ShareExpiration.

Lease Grant. LandlordBefore the Commencement Date, Landlord shall construct the Building and install in consideration the First Portion of the Rent Premises the items to be paid and constructed or installed by Landlord pursuant to the other covenants and agreements to be performed by Tenant and upon the terms and conditions hereinafter stated, does hereby lease, demise and let unto Tenant the Premises commencing on the Commencement Date as defined in Section 1(e) hereof, or as adjusted as hereinafter provided) and ending on the last day provisions of the Lease Term, unless sooner terminated or extended, as hereinafter provided. Landlord agrees to deliver the Premises in its “as is” condition to Tenant on the Delivery Date, fully vacated and in “broom clean” condition to allow Tenant to commence the construction of the Tenant Improvements in accordance with the Work Letter set forth in Agreement attached as Exhibit B attached "C" hereto. For every day following On or before September 1, 2003, Landlord shall construct and install in the Delivery Date that Second Portion of the Premises the items to be constructed or installed by Landlord has failed pursuant to the provisions of the Work Letter Agreement. If for any reason Landlord cannot deliver the First Portion of the Premises to Tenant in fully vacated by the Commencement Date, this lease shall not be void or voidable, and “broom clean” conditionLandlord shall not be liable for any loss or damage resulting therefrom, except that the date provided for in Section 1(erent payable under Paragraph 1(f) hereof shall be extended one (1) day. Landlord agrees that Tenant may occupy waived for the Premises prior to period between the Commencement Date and the date on which Landlord can deliver possession. If for any reason Landlord cannot deliver the Second Portion of the Premises to Tenant by September 1, 2003, this Lease shall not be void or voidable, and Landlord shall not be liable for any loss or damage resulting therefrom, except that the rent payable under Paragraph 1(f) hereof applicable to the Second Portion shall be waived for the purpose period between September 1, 2003, and the date on which Landlord can deliver possession of constructing the Second Portion. No delay in the delivery of possession shall extend the lease term. Tenant Improvements may not enter or occupy the pertinent portion of the Premises until such Portion of the Premises is tendered by Landlord, unless Tenant's entry relates to construction work therein. If for any reason the First Portion of the Premises is not ready for occupancy on or before May 1, 2002, Tenant may, at its option, cancel and terminate this lease by written notice to Landlord delivered on or before May 15, 2002, in which event neither party shall have any further rights or obligations hereunder, except that Landlord will pay back to Tenant the "Prepaid Rent" (hereinafter defined). Any entry of the Premises before the date specified in this Paragraph 2 may be made only with Landlord's written consent. The Premises shall be deemed completed and possession delivered upon (i) completion of the items to be constructed and installed by Landlord pursuant to the provisions of the Work Letter without payment Agreement attached as Exhibit "C", and (ii) the insurance of Rent but otherwise in accordance a certificate of occupancy by the City of Xxxxxxxxxx (collectively "Substantial Completion") other than completion of minor finish items, if any, which do not materially interfere with the terms and conditions Tenant's occupancy. Upon taking of this Lease. By commencing construction possession of the Tenant ImprovementsPremises, Tenant shall be deemed to have accepted the same such as suitable for the its purposes herein intended and shall be deemed to have acknowledged that waived any defects in the same comply fully Premises and in the Building, except for the completion of any minor finish items which do not materially interfere with Landlord’s covenants and obligations except as stated in writing by Tenant's occupancy (the "punch list items"). Tenant’s acceptance Tenant shall have a period of thirty (30) days from the date of actual occupancy of the Premises shall not in any way relieve Landlord of its responsibilities as set forth in Section 40 hereof. After the Commencement Date of this Lease, Tenant shall, within ten (10) days after request from Landlord, execute to compile and deliver to Landlord a letter the punch list items which Landlord agrees to use its reasonable efforts to complete or correct within ninety (90) days of acceptance receipt of delivery of the Premises, which letter shall also state the Commencement Date, the Expiration Date, the size of the Premises, the Basic Rent and said list from Tenant’s Prorata Share.

Lease Grant. Landlord, in consideration of the Rent rent to be paid and the other covenants and agreements to be performed by Tenant Tenants and upon the terms and conditions hereinafter stated, does hereby lease, demise and let unto Tenant the Premises commencing on the Commencement Date as defined in Section 1(efirst to occur of (i) hereofthe date upon which Tenant occupies the Premises, or as adjusted as hereinafter provided(ii) the date upon which the Premises are substantially complete and ready for occupancy (the "Commencement Date") and ending on the last day of the Lease Term, Term unless sooner terminated or extended, as hereinafter herein provided. Landlord agrees to deliver If the Premises in its “as is” condition to Tenant on the Delivery Dateare not available and ready for occupancy, fully vacated and in “broom clean” condition to allow Tenant to commence the construction of the Tenant Improvements in accordance with the Work Letter set forth in Exhibit B attached hereto. For every day following the Delivery Date that Landlord has failed to deliver the Premises to Tenant in fully vacated and “broom clean” conditionfor any reason whatsoever, the date provided for in Section 1(e) shall be extended one (1) day. Landlord agrees that Tenant may occupy the Premises prior to the Estimated Commencement Date Date, Landlord shall not be deemed to be in default hereunder, and Landlord shall not be liable or responsible for any claims, damages or liabilities in connection therewith or by reason thereof, and Tenant agrees to accept possession of the Premises at such time as Landlord is able to tender the same and this Lease shall continue for the purpose of constructing lease Term specified in the Tenant Improvements pursuant to the Work Letter without payment of Rent but otherwise in accordance with the terms and conditions of this LeaseBasic Lease Information. By commencing construction of occupying the Tenant ImprovementsPremises, Tenant shall be deemed to have accepted the same as suitable for the purposes purpose herein intended and to have acknowledged that the same comply fully with Landlord’s covenants and obligations except as stated in writing by Tenant's obligations, notwithstanding that certain "punch list" type items may not have been completed. Tenant’s acceptance of the Premises shall not in any way relieve Landlord of its responsibilities as set forth in Section 40 hereof. After the Commencement Date of this Lease, Tenant shall, within ten Within fifteen (1015) days after Tenant's receipt of a request from Landlord, execute and deliver Tenant agrees to give Landlord a letter of acceptance of confirming the Commencement Date and certifying that Tenant has accepted delivery of the Premises, which letter shall also state Premises and that the Commencement Date, the Expiration Date, the size condition of the Premises, the Basic Rent and Tenant’s Prorata Share.Premises complies with Landlord's obligations hereunder. A blank copy of such acknowledgment is attached as EXHIBIT H.

Lease Grant. Landlord, in consideration of the Rent Basic Rental to be paid and the other covenants and agreements to be performed by Tenant and upon the terms and conditions hereinafter stated, does hereby lease, demise and let unto Tenant the Premises commencing on the Commencement Date (as defined in Section 1(e) paragraph l[d] hereof, or as adjusted as hereinafter provided) and ending on the last day of the Lease Term, unless sooner terminated or extended, as hereinafter herein provided. If this Lease is executed before the Premises are available and ready for occupancy, and Landlord cannot deliver possession on the Commencement Date, then Landlord shall not be deemed to be in default hereunder, and Tenant agrees to accept possession of the Premises at such time as the Premises are available and ready for occupancy and such date shall be deemed to be the Commencement Date, and the Expiration Date set forth in paragraph l(d) hereof shall be extended for a period equal to the number of days that the Premises are not available and ready for occupancy beyond the Commencement Date specified in paragraph l(d) hereof plus the number of days necessary for the Lease Term to expire on the last day of a month; provided, however, that because of the damages Tenant will suffer as a result of not being able to take occupancy by February 1, 1995, including the holdover rent Tenant will be obligated to pay in connection with its current space, in the event the Premises are not available and ready for Initial: occupancy by February 1, 1995 (which date shall be extended by any delay caused or attributable to Tenant or by force majeure as provided in paragraph 27 hereof), Landlord agrees to deliver pay Tenant, as liquidated damages and as Tenant’s sole remedy, the sum of $2,500.00 for each day from February 1, 1995 (as such date may be extended as provided above) that the Premises in its “as is” condition are not available and ready for occupancy. The amount due Tenant hereunder shall be credited to Tenant on the Delivery Date, fully vacated and in “broom clean” condition next accruing installments(s) of Basic Rental hereunder. Landlord hereby waives payment of Basic Rental covering any period prior to allow Tenant to commence the construction of the Tenant Improvements in accordance with the Work Letter set forth in Exhibit B attached hereto. For every day following the Delivery Date that Landlord has failed to deliver date the Premises to are available and ready for occupancy; however, should Tenant in fully vacated and “broom clean” condition, the date provided for in Section 1(e) shall be extended one (1) day. Landlord agrees that Tenant may occupy the entire Premises prior to the Commencement Date specified in paragraph l(d) hereof, the Commencement Date and Lease Term shall be altered to coincide with said occupancy with the Expiration Date of this Lease remaining unchanged. In the event Tenant should occupy a portion of the Premises prior the date the entire Premises are available and ready for occupancy, Tenant shall pay to Landlord the pro rata portion of the full Basic Rental and Additional Rent based upon the area of the Building occupied by Tenant. For the purpose hereof, the Premises shall be deemed “available and ready for occupancy” at such time as Landlord has substantially completed the construction or installation of constructing all tenant improvements required to be completed by Landlord pursuant to paragraph 5 of this Lease to the extent reasonably necessary so as to allow Tenant to occupy the Premises and commence operations of its business therein, notwithstanding the fact that there may remain as incomplete certain minor, “punchlist” items which do not materially interfere with Tenant’s intended use of the Premises. The improvements shall be deemed to have been substantially completed upon the first to occur of (i) the issuance of a certificate of occupancy permitting Tenant to occupy the Premises (or the taking of such other action as may be customary to permit occupancy or use thereof); or (ii) the date the Tenant Improvements pursuant to occupies the Work Letter without payment of Rent but otherwise in accordance with the terms and conditions of this LeasePremises. By commencing construction of occupying the Tenant ImprovementsPremises, Tenant shall be deemed to have accepted the same as suitable for the purposes herein intended and to have acknowledged that the same comply fully with Landlord’s covenants and obligations except as stated for (A) any latent defects not discoverable upon inspection; and (B) any “punch list” items respecting the tenant improvements to be constructed by Landlord pursuant to paragraph 5 hereof, which are identified by Tenant in writing by Tenant. to Landlord within thirty (30) days following Tenant’s acceptance occupancy of the Premises. Landlord hereby expressly disclaims and Tenant hereby expressly waives any and all warranties or representations, express or implied, concerning the suitability of the Premises shall not in any way relieve Landlord for the intended commercial purpose of its responsibilities as set forth in Section 40 hereofTenant. After the Commencement Date of this Lease and the completion of the tenant improvements in accordance with paragraph 5 of this Lease, Tenant shall, within ten (10) days after upon request from Landlord, execute and deliver to Landlord a letter of acceptance of delivery of the Premises, which letter shall also state the Commencement Date, the Date and Expiration Date, the size of the Premises, the Basic Rent and Tenant’s Prorata Share.

Lease Grant. Landlord, Before the Commencement Date. Landlord shall construct the Building and install in consideration the First Portion of the Rent Premises the items to be paid and constructed or installed by Landlord pursuant to the other covenants and agreements to be performed by Tenant and upon the terms and conditions hereinafter stated, does hereby lease, demise and let unto Tenant the Premises commencing on the Commencement Date as defined in Section 1(e) hereof, or as adjusted as hereinafter provided) and ending on the last day provisions of the Lease Term, unless sooner terminated or extended, as hereinafter provided. Landlord agrees to deliver the Premises in its “as is” condition to Tenant on the Delivery Date, fully vacated and in “broom clean” condition to allow Tenant to commence the construction of the Tenant Improvements in accordance with the Work Letter set forth in Agreement attached as Exhibit B attached "C" hereto. For every day following On or before April 1, 1998, Landlord shall construct and install in the Delivery Date that Second Portion of the Premises the items to be constructed or installed by Landlord has failed pursuant to the provisions of the Work Letter Agreement. If for any reason Landlord cannot deliver the First Portion of the Premises to Tenant in fully vacated by the Commencement Date, this lease shall not be void or voidable, and “broom clean” conditionLandlord shall not be liable for any loss or damage resulting therefrom, except that the date provided for in Section 1(erent payable under Paragraph 1(f) hereof shall be extended one (1) day. Landlord agrees that Tenant may occupy waived for the Premises prior to period between the Commencement Date and the date on which Landlord can deliver possession. If for any reason Landlord cannot deliver the Second Portion of the Premises to Tenant on or before April 1, 1998, this lease shall not be void or voidable, and Landlord shall not be liable for any loss or damage resulting therefrom, except that the rent payable under Paragraph 1(f) hereof shall be reduced to $17,416.67 for the purpose period between April 1, 1998, and the date on which Landlord can deliver the Second Portion of constructing the Premises. No delay in the delivery of possession shall extend the lease term. If for any reason the First Portion of the Premises are not ready for occupancy on or before October 1, 1998, Tenant Improvements may at its option cancel and terminate this Lease by written notice to Landlord delivered on or before November 1, 1998, in which event neither party shall have any further liabilities or obligations hereunder, except that Landlord will repay to Tenant any prepaid rent or security deposit. Tenant may not enter or occupy the pertinent portion of the Premises until such portion is tendered by Landlord, unless Tenant's entry relates to construction or other pre-occupancy work therein. Any entry of a pertinent portion of the Premises before the date specified in this Paragraph 2 may be made only with Landlord's written consent. The pertinent portion of the Premises shall be deemed completed and possession delivered upon completion of the items to be constructed and installed by Landlord pursuant to the provisions of the Work Letter without payment Agreement attached as Exhibit "C", other than completion of Rent but otherwise in accordance minor finish items, if any, which do not materially interfere with the terms and conditions Tenant's occupancy. Upon taking of this Lease. By commencing construction possession of a pertinent portion of the Tenant ImprovementsPremises, Tenant shall be deemed to have accepted the same such portion as suitable for the its purposes herein intended and shall be deemed to have acknowledged that waived any defects in the same comply fully with Landlord’s covenants and obligations except as stated in writing by Tenant. Tenant’s acceptance such portion of the Premises shall and in the Building, except for latent defects or the completion of any minor finish items which do not in any way relieve Landlord of its responsibilities as set forth in Section 40 hereof. After the Commencement Date of this Lease, Tenant shall, within ten (10) days after request from Landlord, execute and deliver to Landlord a letter of acceptance of delivery of the Premises, which letter shall also state the Commencement Date, the Expiration Date, the size of the Premises, the Basic Rent and materially interfere with Tenant’s Prorata Share's occupancy.

Lease Grant. Landlord leases the Premises to Tenant and Tenant leases the Premises from Landlord, together with the right in consideration common with others to use the Access Areas, subject to the terms of this Lease. Tenant’s use of the Rent Premises and Access Areas shall be subject to be paid all applicable Laws and the other covenants and agreements Regulations. Tenant shall have access to be performed by Tenant and upon the terms and conditions hereinafter stated, does hereby lease, demise and let unto Tenant the Premises commencing on 24 hours per day, 7 days per week, subject to access procedures required by Landlord, the Commencement Date Regulations, Force Majeure, emergencies, governmental restrictions, casualty, condemnation and other limitations set forth in this Lease; provided, Landlord shall have no liability if Tenant is prevented access for any reason, except as defined in Section 1(e) hereof, or as adjusted as hereinafter provided) and ending on the last day of the Lease Term, unless sooner terminated or extended, as hereinafter providedexpressly provided herein. Landlord agrees to deliver use commercially reasonable efforts to restore Tenant’s use of and access to the Premises in as soon as practicable after any such occurrence, and Tenant agrees to provide prompt written notice to Landlord following any such loss or impairment of its “as is” condition access. Notwithstanding anything contained herein to Tenant on the Delivery Datecontrary, fully vacated and in “broom clean” condition to allow Tenant to commence the construction of the Tenant Improvements in accordance with the Work Letter set forth in Exhibit B attached hereto. For every day following the Delivery Date that Landlord has failed to deliver the Premises to Tenant in fully vacated and “broom clean” condition, the date provided for in Section 1(e) shall be extended one (1) day. Landlord agrees that in the event Tenant may occupy is not able to access the Premises prior to the Commencement Date (or any portion thereof) *** Certain confidential portions (indicated by brackets and asterisks) have been omitted from this exhibit because such information is both (i) non-material and (ii) would be competitively harmful if publicly disclosed. for the purpose any reason other than those referenced above for a period of constructing the Tenant Improvements pursuant to the Work Letter without payment of Rent but otherwise in accordance with the terms and conditions of this Lease. By commencing construction of the Tenant Improvements, Tenant shall be deemed to have accepted the same as suitable for the purposes herein intended and to have acknowledged that the same comply fully with Landlord’s covenants and obligations except as stated in writing by Tenant. Tenant’s acceptance of the Premises shall not in any way relieve Landlord of its responsibilities as set forth in Section 40 hereof. After the Commencement Date of this Lease, Tenant shall, within ten (10) consecutive days after request from Landlord, execute and deliver to Landlord a letter of acceptance of following delivery of the Premisesnotice described above, which letter shall also state then Tenant may pursue its remedies under Section 22 of this Lease upon expiration of such ten (10) day-period. For the Commencement Dateavoidance of doubt, Tenant will not be required to wait until the Expiration Dateexpiration of such 30-day or 90-day period, as applicable, as specified under Section 22 to pursue its remedies under this Section 2, but may do so immediately after the size expiration of the Premises, the Basic Rent and Tenant’s Prorata Sharesuch 10-day period.

Lease Grant. Section 2.1 Premises, Landlord, in consideration of the Rent Basic Rental to be paid and the other covenants and agreements to be performed by Tenant and upon the terms and conditions hereinafter stated, does hereby lease, demise and let unto Tenant the Premises commencing on the Commencement Date (as defined in Section 1(eArticle I(d) hereof), or as adjusted as hereinafter provided) and ending on the last day of the Lease Term, unless sooner terminated as herein provided. Provided all plans and specifications are prepared, reviewed and approved in a manner so as not to delay Landlord's completion of the Leasehold Improvements (as defined in Section 3.2 hereof), Landlord anticipates that the Premises will be available and ready for occupancy on or extendedabout May 1, 2002. If the Premises are not available and ready for occupancy by May 1, 2002, then Landlord shall not be deemed to be in default hereunder, and Tenant agrees to accept possession of the Premises at such time as the Premises are available and ready for occupancy and such date shall be deemed to be the Commencement Date. If the Leasehold Improvements have not been substantially completed by June 15, 2002 (the "Outside Completion Date "), then, as hereinafter provided. Landlord agrees to deliver the Premises in its “as is” condition to Tenant on the Delivery Date, fully vacated and in “broom clean” condition to allow Tenant to commence the construction of the Tenant Improvements in accordance with the Work Letter set forth in Exhibit B attached hereto. For every day following the Delivery Date that Landlord has failed to deliver the Premises to Tenant in fully vacated and “broom clean” conditionTenant's sole recourse, the date provided for Abatement Period (as defined in Section 1(e4.1 hereof) shall be extended one (1) dayday foreach day beyond the Outside Completion Date that the Leasehold Improvements have not been substantially completed; provided, however, if delay is caused or contributed to by act or neglect of Tenant or those acting for or under Tenant (hereinafter referred to as a "Tenant Delay "), labor disputes, casualties, acts of God or the public enemy, governmental embargo restrictions, shortages of fuel, labor, or building materials, action or non-action of public utilities, or of local, state or federal governments affecting the work, or other causes beyond Landlord's reasonable control, then the Outside Completion Date shall be extended for the additional time caused by such delay. Such delays are each hereinafter referred to as an "Excused Delay. " In order for Landlord to claim an Excused Delay, Landlord must provide Tenant written notice of such claim within ten (10) days after Landlord becomes aware of such delay. Landlord agrees that hereby waives payment of Basic Rental and other payments to be made by Tenant may hereunder covering any period prior to the date the Premises are available and ready for occupancy, all of which shall only commence upon the Commencement Date; however, should Tenant occupy the Premises prior to the Commencement Date for specified in Article I(d) hereof, the Commencement Date and Lease Term shall be altered to coincide with said occupancy with the Expiration Date of this Lease remaining unchanged. For the purpose hereof, the Premises shall be deemed "available and ready for occupancy " at such time as Landlord has substantially completed the construction or installation of constructing the Tenant any Leasehold Improvements (as defined in Section 3.2 hereof), if any, required to be completed by Landlord pursuant to the Work Letter without payment of Rent but otherwise in accordance with the terms and conditions Section 3.2 of this LeaseLease to the extent reasonably necessary so as to allow Tenant to occupy the Premises and commence operations of its business therein, notwithstanding the fact that there may remain as incomplete certain minor, "punchlist " items which do not materially interfere with Tenant's intended use of the Premises; Landlord agrees to promptly attend to and complete the punchlist items in a good and workmanlike manner. The Leasehold Improvements shall be deemed to have been substantially completed when the following having occurred: (i) the issuance of a certificate of occupancy permitting Tenant to occupy the Premises (or the taking of such other action as may be customary to permit occupancy or use thereof); and (ii) the issuance of a certificate of substantial completion by Landlord's architect respecting the Leasehold Improvements; provided, however, if the failure to secure such certificates or of taking such other action is caused by the act, failure to act or neglect of Tenant, then the Leasehold Improvements shall be deemed substantially completed and available and ready for occupancy on the day when such certificates may have been issued or such other action may have been taken had it not been the act, failure to act or neglect of Tenant. By commencing construction of occupying the Tenant ImprovementsPremises, Tenant shall be deemed to have accepted the same Leasehold Improvements as suitable substantially completed, except for minor "punchlist " items. Tenant shall endeavor to provide landlord with a list of deficiencies in the purposes herein intended and to have acknowledged that construction of the same comply fully with Landlord’s covenants and obligations except as stated in writing by Tenant. Tenant’s acceptance Leasehold Improvements within thirty (30) days after it has taken possession of the Premises with all Leasehold Improvements substantially completed; provided, further that nothing herein shall not in any way relieve Landlord of its responsibilities as reduce or impair Landlord's Construction Guaranty set forth form in Section 40 hereof3.3 below. After the Commencement Date of this Lease, Tenant shall, within ten (10) days after upon request from Landlord, execute and deliver to Landlord a letter of acceptance of delivery of the Premises, which letter shall describe any deficiencies with respect to the Leasehold Improvements of which Tenant has actual knowledge and shall also state the Commencement Date, the Date and Expiration Date; provided, however, that Landlord also confirms to Tenant the size Commencement and Expiration Dates. Tenant shall be allowed, no earlier than March 25, 2002 (without the requirement to pay Rent), and following two (2) days prior written notice to Landlord and subject to Landlord's reasonable approval, to store tile within the Premises provided that (i) Tenant has furnished to Landlord certificates of insurance evidencing the issuance of insurance as required by Tenant under Article XV hereof; and (ii) Tenant does not thereby interfere with the completion of construction of the PremisesLeasehold Improvements as a result of such installations. Tenant does hereby assume all risk of loss or damage to such machinery, equipment, fixtures and other personal property, and to indemnify, defend and hold harmless Landlord from any loss or damage to such machinery, equipment, fixtures and personal property, and all liability, loss or damage arising from any injury to the Basic Rent property of Landlord, or its contractors, subcontractors or materialmen, and Tenant’s Prorata Shareany death or personal injury to any person or persons to the extent arising out of such installations. Any such use of the Premises is also subject to, and Tenant must comply with and observe, all applicable laws and all other terms and conditions of this Lease. In no event may Tenant conduct business in the Premises during such early access period.

Lease Grant. Landlord, in consideration of the Rent rent to be paid and the other covenants and agreements to be performed by Tenant and upon the terms and conditions hereinafter stated, does hereby lease, demise and let unto Tenant the Premises premises, as defined in the Basic Lease Information and generally outlined on the plan attached hereto as Exhibit A, commencing on the Commencement Date as defined in Section 1(e) hereof, or as adjusted as hereinafter provided) and ending on the last day of the Lease Termlease term, unless sooner terminated or extended, as hereinafter herein provided. Landlord agrees to deliver If this lease is executed before the Premises in its “as is” condition to Tenant on the Delivery Datepremises become vacant, fully vacated or otherwise available and in “broom clean” condition to allow Tenant to commence the construction ready for occupancy, or if any present tenant or occupant of the Tenant Improvements in accordance with premises holds over, and Landlord cannot acquire possession of the Work Letter set forth in Exhibit B attached hereto. For every day following the Delivery Date that Landlord has failed to deliver the Premises to Tenant in fully vacated and “broom clean” condition, the date provided for in Section 1(e) shall be extended one (1) day. Landlord agrees that Tenant may occupy the Premises premises prior to the Commencement Date of this lease, Landlord shall not be deemed to be in default hereunder, and Tenant agrees to accept possession of the premises on such date as Landlord is able to tender the same, which shall be deemed to be the Commencement Date of this lease for all purposes, and this lease shall continue for the purpose of constructing lease term specified in the Tenant Improvements pursuant to the Work Letter without payment of Rent but otherwise in accordance with the terms and conditions of this LeaseBasic Lease Information. By commencing construction of occupying the Tenant Improvementspremises, Tenant shall be deemed to have accepted the same as suitable for the purposes purpose herein intended and to have acknowledged that the same comply fully with Landlord’s covenants and obligations except as stated in writing by Tenantobligations, notwithstanding that certain “punch list” type items may not have been completed. Tenant’s acceptance of the Premises shall not in any way relieve Landlord of its responsibilities as set forth in Section 40 hereof. After the Commencement Date of this Lease, Tenant shall, within Within ten (10) days after a written request from of Landlord, execute and deliver Tenant agrees to give Landlord a letter of acceptance of confirming the Commencement Date and certifying that Tenant has accepted delivery of the Premises, which letter shall also state premises and that the Commencement Date, the Expiration Date, the size condition of the Premises, the Basic Rent and Tenantpremises complies with Landlord’s Prorata Shareobligations hereunder.

Lease Grant. Upon the terms of this Lease, Landlord leases to Tenant, and Tenant leases from Landlord, in consideration of the Rent to be paid Premises and the other covenants and agreements non-exclusive right to be performed by Tenant and upon use the terms and conditions hereinafter statedCommon Areas, does hereby lease, demise and let unto Tenant the Premises commencing on the Commencement Date as defined in Section 1(e) hereof, or as adjusted as hereinafter provided) and ending on the last day subject to all of the Lease Term, unless sooner terminated or extended, as hereinafter provided. Landlord agrees to deliver the Premises in its “as is” condition to Tenant on the Delivery Date, fully vacated and in “broom clean” condition to allow Tenant to commence the construction of the Tenant Improvements in accordance with the Work Letter set forth in Exhibit B attached hereto. For every day following the Delivery Date that Landlord has failed to deliver the Premises to Tenant in fully vacated and “broom clean” condition, the date provided for in Section 1(e) shall be extended one (1) day. Landlord agrees that Tenant may occupy the Premises prior to the Commencement Date for the purpose of constructing the Tenant Improvements pursuant to the Work Letter without payment of Rent but otherwise in accordance with the terms and conditions of this Lease (including the Rules and Regulations). Notwithstanding the foregoing, Landlord and Tenant agree that Tenant will occupy the Premises in three (3) stages and, therefore, (i) during the Initial Stage, the Premises shall be deemed to consist only of (and Tenant shall only be entitled to occupy) the Initial Premises, (ii) during the Second Stage, the Premises shall be deemed to consist only of (and Tenant shall only be entitled to occupy) the Initial Premises and the Second Phase, and (iii) during the Final Stage, the Premises shall be deemed to consist of (and Tenant shall be entitled to occupy) the entire Premises upon terms and conditions set forth in this Lease. By commencing construction Landlord shall deliver the Second Phase of the Premises to Tenant Improvements, upon the earlier to occur of: (i) the commencement of the Second Stage of occupancy; and (ii) the date Tenant actually occupies the Second Phase (with Landlord agreeing to make the Second Phase available for early occupancy). Landlord shall deliver the Final Phase of the Premises to Tenant upon the earlier to occur of: (i) the commencement of the Final Stage of occupancy; and (ii) the date Tenant actually occupies the Final Phase (with Landlord agreeing to make the Final Phase available for early occupancy). Landlord's delivery obligations with respect to the Second Phase and the Final Phase shall be satisfied at such time as the Initial Improvements are Ready for Tenant's Work. Tenant shall be deemed to have accepted the same as suitable for the purposes herein intended and to have acknowledged that the same comply fully with Landlord’s covenants and obligations except as stated in writing by Tenant. Tenant’s acceptance "actually occupied" a particular Stage of the Premises shall not in any way relieve Landlord at such time as Tenant takes possession of its responsibilities as set forth in Section 40 hereof. After the Commencement Date of this Lease, Tenant shall, within ten (10) days after request from Landlord, execute and deliver to Landlord a letter of acceptance of delivery such Stage of the Premises, which letter shall also state the Commencement Date, the Expiration Date, the size of the Premises, the Basic Rent Premises and Tenant’s Prorata Sharecommences business operations therefrom.

Lease Grant. Landlord, in consideration of the Rent rent to be paid and the other covenants and agreements to be performed by Tenant and upon the terms and conditions hereinafter stated, does hereby lease, demise and let unto Tenant the Premises (as defined in paragraph 1 (c) hereof) commencing on the Commencement Date (as defined in Section 1(eParagraph 1(d) hereof, or as adjusted as hereinafter provided) and ending on the last day of the Lease Termlease term, unless sooner terminated or extended, as hereinafter herein provided. If this lease is executed before the Premises becomes vacant or otherwise available and ready for occupancy, or if any present tenant or occupant of the Premises holds over, and Landlord cannot acquire possession of the premises prior to the commencement date of this lease, Landlord shall not be deemed to be in default hereunder, and Tenant agrees to deliver accept possession of the premises at such time as Landlord is able to tender the same and such date shall be deemed to be the commencement date and this lease shall continue for the lease term described in Paragraph 1(d) hereof; provided if Landlord does not obtain possession of the Premises on or before September 1, 2006 Tenant, in its “as is” condition sole discretion, may terminate this lease at any time thereafter by written notice to Landlord; provided further Tenant on the Delivery Date, fully vacated and in “broom clean” condition my not terminate this lease pursuant to allow this sentence if Tenant has not terminated this Lease prior to commence the construction receipt of the Tenant Improvements in accordance with the Work Letter set forth in Exhibit B attached hereto. For every day following the Delivery Date written notice from Landlord that Landlord has failed obtained full possession of the Premises. Landlord hereby waives payment of monthly rental installments covering any period prior to deliver the tendering of possession of the Premises to Tenant in fully vacated and “broom clean” conditionhereunder. Likewise, the date provided for in Section 1(e) shall be extended one (1) day. Landlord agrees that should Tenant may occupy the Premises prior to the Commencement Date for commencement date specified in Paragraph 1(d), the purpose of constructing the Tenant Improvements pursuant commencement date shall be altered to the Work Letter without payment of Rent but otherwise in accordance coincide with said occupancy with the terms and conditions ending date of this Leasethe lease remaining unchanged, however basic rental shall be increased pro rata. By commencing construction of occupying the Tenant ImprovementsPremises, Tenant shall be deemed to have accepted the same as suitable for the purposes purpose herein intended and to have acknowledged that the same comply fully with Landlord’s 's covenants and obligations except as stated in writing by Tenant. Tenant’s acceptance of the Premises shall not in any way relieve Landlord of its responsibilities as set forth in Section 40 hereof. After the Commencement Date of this Lease, Tenant shall, within ten (10) days after request from Landlord, execute and deliver to Landlord a letter of acceptance of delivery of the Premises, which letter shall also state the Commencement Date, the Expiration Date, the size of the Premises, the Basic Rent and Tenant’s Prorata Shareobligations.

Lease Grant. Landlord, in consideration of the Rent rent to be paid and the other covenants and agreements to be performed by Tenant and upon the terms and conditions hereinafter stated, does hereby lease, demise and let unto Tenant the Premises commencing on the Commencement Date as defined in Section 1(efirst to occur of (i) hereofthe date upon which Tenant occupies any portion of the Premises for the conduct of Tenant’s business operations, or (ii) sixty (60) days following the date upon which Landlord delivers possession of the Premises to Tenant for construction of its Tenant improvements (as adjusted as hereinafter provideddescribed in EXHIBIT D) (the “Commencement Date”) and ending on the last day of the Lease Term, Term unless sooner terminated or extended, as hereinafter herein provided. Landlord agrees to deliver to Tenant possession of the Premises in its “as is” condition to Tenant on the Delivery Date, fully vacated and in “broom clean” condition to allow Tenant to commence the construction of the Tenant Improvements in accordance with the Work Letter set forth in Base Building Specifications attached hereto as Exhibit B attached hereto. For every day following the Delivery Date that Landlord has failed to deliver the Premises to Tenant in fully vacated and “broom clean” condition, the date provided for in Section 1(e) shall be extended one (1) day. Landlord agrees that Tenant may occupy the Premises prior to the Commencement Date for the purpose of constructing the Tenant Improvements pursuant to the Work Letter without payment of Rent but otherwise in accordance with the terms and conditions of this Lease. By commencing construction of the Tenant Improvements, Tenant shall be deemed to have accepted the same as suitable for the purposes herein intended and to have acknowledged that the same comply fully with Landlord’s covenants and obligations except as stated in writing by Tenant. Tenant’s acceptance of the Premises shall not in any way relieve Landlord of its responsibilities as set forth in Section 40 hereof. After the Commencement Date of this Lease, Tenant shall, D-1 within ten (10) days after this Lease has been fully executed by the parties (the “Delivery Date”). If the Premises are not delivered to Tenant within said time period, for any reason whatsoever other than the failure of Landlord to deliver possession even though the Premises are available, Landlord shall not be deemed to be in default hereunder, and Landlord shall not be liable or responsible for any claims, damages or liabilities in connection therewith or by reason thereof, and Tenant agrees to accept possession of the Premises at such time as Landlord is able to tender the same and this Lease shall continue for the lease Term specified in the Basic Lease Information. Notwithstanding the foregoing, if Landlord has not delivered possession of the Premises to Tenant within (i) 30 days after this Lease has been fully executed by the parties, then the Rent Commencement Date (defined below) shall be delayed one (1) day for each day past such 30th day on which such delivery occurs; and (ii) 60 days after this Lease has been fully executed by the parties, then Tenant, in addition to any other rights and remedies available at law or in equity, shall have the right to terminate this Lease upon notice to Landlord (so long as such notice is received by Landlord prior to delivery of possession of the Premises to Tenant), in which case any prepaid Rent, Security Deposit and other sums paid by Tenant to Landlord will be immediately refunded by Landlord to Tenant. Within fifteen (15) days after Tenant’s receipt of a request from Landlord, execute and deliver Tenant agrees to give Landlord a letter of acceptance of confirming the Commencement Date and certifying that Tenant has accepted delivery of the Premises, which letter shall also state Premises and that the Commencement Date, the Expiration Date, the size condition of the Premises complies with Landlord’s obligations hereunder, except with respect to latent defects of which Tenant discovers and delivers notice to Landlord within one (1) year after occupying the Premises, the Basic Rent and Tenant’s Prorata Share.

Lease Grant. Landlord, in consideration of the Rent rent to be paid and the other covenants and agreements to be performed by Tenant and upon the terms and conditions hereinafter stated, does hereby lease, demise and let unto Tenant the Premises (as defined in paragraph 1(d) hereof) commencing on the Commencement Date (as defined in Section paragraph 1(e) hereof, hereof or as adjusted as hereinafter provided) and ending on the last day of the Lease Termterm, unless sooner terminated or extended, as hereinafter herein provided. Landlord agrees to deliver In the event the Premises in its “as is” condition are occupied by Tenant prior to Tenant on the Delivery Datestated date, fully vacated the Commencement Date shall be the date such occupancy commenced. If this Lease is executed before the Premises become vacant, or otherwise available and in “broom clean” condition to allow Tenant to commence the construction ready for occupancy, or if any present tenant or occupant of the Tenant Improvements in accordance with the Work Letter set forth in Exhibit B attached hereto. For every day following the Delivery Date that Premises holds over, and Landlord has failed to deliver the Premises to Tenant in fully vacated and “broom clean” condition, the date provided for in Section 1(e) shall be extended one (1) day. Landlord agrees that Tenant may occupy cannot acquire possession of the Premises prior to the Commencement Date of the Lease, Landlord shall not be deemed to be in default hereunder, the Tenant agrees to accept possession of the Premises at such time as Landlord is able to tender the same and such date shall be deemed to be the Commencement Date and this Lease shall continue for the purpose of constructing the Tenant Improvements pursuant to the Work Letter without payment of Rent but otherwise Lease term described in accordance with the terms and conditions of this Leaseparagraph 1(e) hereof. By commencing construction of occupying the Tenant ImprovementsPremises, Tenant shall be deemed to have accepted the same as suitable for the purposes purpose herein intended and to have acknowledged that the same comply fully with Landlord’s 's covenants and obligations obligations, except as stated in writing by Tenant. Tenant’s acceptance of the Premises shall not in any way relieve Landlord of its responsibilities as set forth in Section 40 hereof. After the Commencement Date of this Lease, Tenant shall, within ten (10) days after request from Landlord, execute and deliver to Landlord a letter of acceptance of delivery of the Premises, which letter shall also state the Commencement Date, the Expiration Date, the size of the Premises, the Basic Rent and Tenant’s Prorata Sharefor punchlist items.

Lease Grant. Landlord, in consideration of of: (i) the Rent Basic Rental, (ii) all other sums to be paid by Tenant under this Lease ("Additional Rental") and (iii) the other covenants and agreements to be performed by Tenant; hereby leases, demises and lets to Tenant and upon the Premises (as defined in paragraph 1(c)) on the terms and conditions hereinafter stated, does hereby lease, demise and let unto Tenant the Premises stated in this Lease commencing on the Commencement Date commencement date (as defined in Section 1(e) hereofparagraph 1(d), or as adjusted as hereinafter providedprovided below) and ending on the last day of the Lease Termexpiration date, unless sooner terminated or extended, as hereinafter providedprovided in this Lease. Landlord agrees to deliver If this Lease is executed before the Premises in its “as is” condition to Tenant on the Delivery Datebecome vacant, fully vacated or otherwise available and in “broom clean” condition to allow Tenant to commence the construction ready for occupancy, or if any present tenant or occupant of the Tenant Improvements in accordance with the Work Letter set forth in Exhibit B attached hereto. For every day following the Delivery Date that Premises holds over, and Landlord has failed to deliver the Premises to Tenant in fully vacated and “broom clean” condition, the date provided for in Section 1(e) shall be extended one (1) day. Landlord agrees that Tenant may occupy cannot acquire possession of the Premises prior to the Commencement Date commencement date of this Lease, Landlord shall not be deemed to be in default hereunder, and Tenant agrees to accept possession of the Premises at such time as Landlord is able to tender the same and such date shall be deemed to be the commencement date and this Lease shall continue for the lease term described in paragraph 1(d) above. Landlord waives payment of rent covering any period prior to the rendering of possession of the Premises to Tenant. If Tenant occupies the Premises prior to the commencement date specified in paragraph 1(d), the commencement date shall be altered to coincide with said occupancy and the ending date of the Lease remaining unchanged. Tenant is responsible for obtaining, at its expense, a certificate of occupancy for the Premises. Tenant shall promptly apply for the certificate of occupancy and diligently pursue all necessary approvals required to occupy and use the Premises for the purpose of constructing the Tenant Improvements pursuant to the Work Letter without payment of Rent but otherwise set out in accordance with the terms and conditions of this Lease. By commencing construction of occupying the Tenant ImprovementsPremises, Tenant shall be deemed to have accepted the same as suitable for the purposes herein intended and to have acknowledged that the same Premises (i) are suitable for Tenant's intended purpose (ii) are in good operating condition and (iii) comply fully with Landlord’s covenants and 's obligations except as stated in writing by Tenant. Tenant’s acceptance of the Premises shall not in any way relieve Landlord of its responsibilities as set forth in Section 40 hereof. After the Commencement Date of under this Lease, Tenant shall, within ten (10) days after request from Landlord, execute and deliver to Landlord a letter of acceptance of delivery of the Premises, which letter shall also state the Commencement Date, the Expiration Date, the size of the Premises, the Basic Rent and Tenant’s Prorata Share.

Lease Grant. Landlord, in consideration of the Rent rent to be paid and the other covenants and agreements to be performed by Tenant and upon the terms and conditions hereinafter stated, does hereby lease, demise and let unto Tenant the Premises commencing on the Commencement Date first to occur of (i) the date upon which Tenant occupies the Premises, or (ii) the first day following the date upon which the Premises are substantially complete (as defined in Section 1(eparagraph 7 of Exhibit H) hereof, or as adjusted as hereinafter providedand ready for occupancy (the “Commencement Date”) and ending on the last day of the Lease Term, Term unless sooner terminated or extended, as hereinafter herein provided. Landlord agrees to deliver and Tenant estimate that the Commencement Date will be on or before September 30, 2004 (“Estimated Commencement Date”). Tenant acknowledges that its lease of the Premises in its “as is” condition is subject to Tenant the exceptions shown on the Delivery Date, fully vacated and in “broom clean” condition to allow Tenant to commence the construction of the Tenant Improvements in accordance with the Work Letter set forth in Exhibit B attached hereto. For every day following the Delivery Date that Landlord has failed to deliver If the Premises to Tenant in fully vacated are not available and “broom clean” conditionready for occupancy, the date provided for in Section 1(e) shall be extended one (1) day. Landlord agrees that Tenant may occupy the Premises any reason whatsoever, prior to the Estimated Commencement Date Date, Landlord shall not be deemed to be in default hereunder, and Landlord shall not be liable or responsible for any claims, damages or liabilities in connection therewith or by reason thereof, except as set forth in this paragraph 2, and Tenant agrees to accept possession of the Premises at such time as Landlord is able to tender the same substantially completed and this Lease shall continue for the purpose of constructing Lease Term specified in the Basic Lease Information. In the event the Tenant Improvements pursuant (as defined in paragraph 2 of Exhibit H) are not substantially complete (as defined in paragraph 7 of Exhibit H) as to all of the Work Letter Premises on September 30, 2004 for any reason other than a delay caused by any act or omission of Tenant or its agents, employees, or contractors (including, without payment limitation, requests for change orders), then Tenant shall have the right and option to occupy such portion of the Premises as are then substantially complete and to pay pro rata rent therefore, or Tenant may elect to defer its occupancy of the Premises until all of the Premises are substantially complete. If the Premises are not substantially complete by November 1, 2004 (“Outside Completion Date”), then Tenant shall be entitled to furnish to Landlord evidence of any contractually obligated sums in excess of Tenant’s normal rent for its prior premises which Tenant has had to pay its prior landlord for holding over of Tenant’s prior premises and Landlord shall credit any such sum against the first installment(s) of Base Rent but otherwise in accordance with the terms and conditions of due Landlord under this Lease. Landlord’s liability for credit to Tenant under the foregoing sentence shall be waived on a day-for-day basis in the event Tenant shall take more than ten (10) days to approve Working Drawings (as defined in Exhibit H hereto). By commencing construction occupying a portion of the Tenant ImprovementsPremises, Tenant shall be deemed to have accepted such portion of the same Premises so occupied as suitable for the purposes purpose herein intended and to have acknowledged that the same comply fully with Landlord’s covenants and obligations except as stated in writing by Tenantobligations, notwithstanding that certain “punch list” type items may not have been completed. Upon Tenant’s acceptance of the Premises shall not in any way relieve Landlord of its responsibilities as set forth in Section 40 hereof. After the Commencement Date of this Lease, Tenant shall, within ten (10) days after request from Landlord, execute and deliver to Landlord a letter of acceptance of delivery of the Premises, which within five (5) days after Tenant’s receipt of a request from Landlord, Tenant agrees to give Landlord a letter shall also state confirming the Commencement Date, the Expiration Date, the size Date and certifying that Tenant has accepted delivery of the Premises, Premises and that the Basic Rent and Tenantcondition of the Premises complies with Landlord’s Prorata Share.obligations hereunder. Such acknowledgment will be in substantially the form attached as Exhibit K.

Lease Grant. Landlord, in consideration of of: (i) the Rent Basic Rental, (ii) all other sums to be paid by Tenant under this Lease ("Additional Rental") and (iii) the other covenants and agreements to be performed by Tenant, hereby leases, demises and lets to Tenant and upon the Premises (as defined in paragraph 1(c)) on the terms and conditions hereinafter stated, does hereby lease, demise and let unto Tenant the Premises stated in this Lease commencing on the Commencement Date commencement date (as defined in Section 1(e) hereofparagraph 1(d), or as adjusted as hereinafter providedprovided below) and ending on the last day of the Lease Termexpiration date, unless sooner terminated or extended, as hereinafter providedprovided in this Lease. Landlord agrees to deliver If this Lease is executed before the Premises in its “as is” condition to Tenant on the Delivery Datebecome vacant, fully vacated or otherwise available and in “broom clean” condition to allow Tenant to commence the construction ready for occupancy, or if any present tenant or occupant of the Tenant Improvements in accordance with the Work Letter set forth in Exhibit B attached hereto. For every day following the Delivery Date that Premises holds over, and Landlord has failed to deliver the Premises to Tenant in fully vacated and “broom clean” condition, the date provided for in Section 1(e) shall be extended one (1) day. Landlord agrees that Tenant may occupy cannot acquire possession of the Premises prior to the Commencement Date commencement date of this Lease, Landlord shall not be deemed to be in default hereunder, and Tenant agrees to accept possession of the Premises at such time as Landlord is able to tender the same and such date shall be deemed to be the commencement date and this Lease shall continue for the lease term described in paragraph 1(d) above. Landlord waives payment of rent covering any period prior to the rendering of possession of the Premises to Tenant. If Tenant occupies the Premises prior to the commencement date specified in paragraph l (d), the commencement date shall be altered to coincide with said occupancy and the ending date of the Lease remaining unchanged. Tenant is responsible for obtaining, at its expense, a certificate of occupancy for the Premises. Tenant shall promptly apply for the certificate of occupancy and diligently pursue all necessary approvals required to occupy and use the Premises for the purpose of constructing the Tenant Improvements pursuant to the Work Letter without payment of Rent but otherwise set out in accordance with the terms and conditions of this Lease. By commencing construction of occupying the Tenant ImprovementsPremises, Tenant shall be deemed to have accepted the same as suitable for the purposes herein intended and to have acknowledged that the same Premises (i) are suitable for Tenant's intended purpose (ii) are in good operating condition and (iii) comply fully with Landlord’s covenants and 's obligations except as stated in writing by Tenant. Tenant’s acceptance of the Premises shall not in any way relieve Landlord of its responsibilities as set forth in Section 40 hereof. After the Commencement Date of under this Lease, Tenant shall, within ten (10) days after request from Landlord, execute and deliver to Landlord a letter of acceptance of delivery of the Premises, which letter shall also state the Commencement Date, the Expiration Date, the size of the Premises, the Basic Rent and Tenant’s Prorata Share.

Lease Grant. Landlord, in consideration of the Rent rent to be paid and the other covenants and agreements to be performed by Tenant and upon the terms and conditions hereinafter stated, does hereby lease, demise and let unto Tenant the Premises premises (as defined in paragraph 1(c) hereof) commencing on the Commencement Date commencement date (as defined in Section 1(eparagraph 1(d) hereof, or as adjusted as hereinafter provided) and ending on the last day of the Lease Termlease term, unless sooner terminated or extended, as hereinafter herein provided. Landlord agrees to deliver If this lease is executed before the Premises in its “as is” condition to Tenant on the Delivery Datepremises become vacant, fully vacated or otherwise available and in “broom clean” condition to allow Tenant to commence the construction ready for occupancy, or if any present tenant or occupant of the Tenant Improvements in accordance with premises holds over, and Landlord cannot acquire possession of the Work Letter set forth in Exhibit B attached hereto. For every day following the Delivery Date that Landlord has failed to deliver the Premises to Tenant in fully vacated and “broom clean” condition, the date provided for in Section 1(e) shall be extended one (1) day. Landlord agrees that Tenant may occupy the Premises premises prior to the Commencement Date commencement date of this lease, Landlord shall not be deemed to be in default hereunder, and Tenant agrees to accept possession at such time as Landlord is able to tender the same and such date shall be deemed to be the commencement date and this lease shall continue 2 for the purpose lease term described in paragraph 1(d) hereof, Landlord hereby waives payment of constructing the Tenant Improvements pursuant rent covering any period prior to the Work Letter without payment tendering of Rent but otherwise possession of the premises to Tenant hereunder. Likewise, should Tenant occupy the premises prior to the commencement date specified in accordance paragraph 1(d), the commencement date shall be altered to coincide with said occupancy with the terms and conditions ending date of this Leasethe lease remaining unchanged. By commencing construction of occupying the Tenant Improvementspremises, Tenant shall be deemed to have accepted the same as suitable for the purposes purpose herein intended and to have acknowledged that the same comply fully with Landlord’s 's covenants and obligations except as stated in writing by Tenant. Tenant’s acceptance of the Premises shall not in any way relieve Landlord of its responsibilities as set forth in Section 40 hereof. After the Commencement Date of this Lease, Tenant shall, within ten (10) days after request from Landlord, execute and deliver to Landlord a letter of acceptance of delivery of the Premises, which letter shall also state the Commencement Date, the Expiration Date, the size of the Premises, the Basic Rent and Tenant’s Prorata Shareobligations.

Lease Grant. Landlord, in consideration of the Rent rent to be paid and the other covenants and agreements to be performed by Tenant and upon the terms and conditions hereinafter stated, does hereby lease, demise and let unto Tenant the Premises premises (as defined in paragraph 1(c) hereof) commencing on the Commencement Date commencement data (as defined in Section 1(eparagraph 1(d) hereof, or as adjusted as hereinafter provided) and ending on the last day of the Lease Termlease term, unless sooner terminated or extended, as hereinafter herein provided. Landlord agrees to deliver If this lease is executed before the Premises in its “as is” condition to Tenant on the Delivery Datepremises become vacant, fully vacated or otherwise available and in “broom clean” condition to allow Tenant to commence the construction ready for occupancy, or if any present tenant or occupant of the Tenant Improvements in accordance with premises holds over, and Landlord cannot acquire possession of the Work Letter set forth in Exhibit B attached hereto. For every day following the Delivery Date that Landlord has failed to deliver the Premises to Tenant in fully vacated and “broom clean” condition, the date provided for in Section 1(e) shall be extended one (1) day. Landlord agrees that Tenant may occupy the Premises premises prior to the Commencement Date commencement date of this lease, Landlord shall not be deemed to be in default hereunder, and Tenant agrees to accept possession at such time as Landlord is able to tender the same and such date shall be deemed to be the commencement date and this lease shall continue for the purpose lease term described in paragraph 1(d) hereof, Landlord hereby waives payment of constructing the Tenant Improvements pursuant rent covering any period prior to the Work Letter without payment tendering of Rent but otherwise possession of the premises to Tenant hereunder. Likewise, should Tenant occupy the premises prior to the commencement date specified in accordance paragraph 1(d), the commencement date shall be altered to coincide with said occupancy with the terms and conditions ending date of this Leasethe lease remaining unchanged. By commencing construction of occupying the Tenant Improvementspremises, Tenant shall be deemed to have accepted the same as suitable for the purposes purpose herein intended and to have acknowledged that the same comply fully with Landlord’s 's covenants and obligations except as stated in writing by Tenant. Tenant’s acceptance of the Premises shall not in any way relieve Landlord of its responsibilities as set forth in Section 40 hereof. After the Commencement Date of this Lease, Tenant shall, within ten (10) days after request from Landlord, execute and deliver to Landlord a letter of acceptance of delivery of the Premises, which letter shall also state the Commencement Date, the Expiration Date, the size of the Premises, the Basic Rent and Tenant’s Prorata Shareobligations.

Lease Grant. Landlord, in consideration of the Rent rent to be paid and the other covenants and agreements to be performed by Tenant and upon the terms and conditions hereinafter stated, does hereby lease, demise and let unto Tenant the Premises (as defined in paragraph 1(d) hereof) commencing on the Commencement Date Data (as defined in Section paragraph 1(e) hereof, hereof or as adjusted as hereinafter provided) and ending on the last day of the Lease Termlease term, unless sooner terminated or extended, as hereinafter herein provided. Landlord agrees to deliver In the event the Premises in its “as is” condition are occupied by Tenant prior to Tenant on the Delivery Datestated date, fully vacated the Commencement Date shall be the date such occupancy commenced if this Lease is executed before the Premises become vacant, or otherwise available and in “broom clean” condition to allow Tenant to commence the construction ready for occupancy, or if any present tenant or occupant of the Tenant Improvements in accordance with the Work Letter set forth in Exhibit B attached hereto. For every day following the Delivery Date that premises holds over, and Landlord has failed to deliver the Premises to Tenant in fully vacated and “broom clean” condition, the date provided for in Section 1(e) shall be extended one (1) day. Landlord agrees that Tenant may occupy cannot acquire possession of the Premises prior to the Commencement Date of the Lease, Landlord shall not be deemed to be in default hereunder, the Tenant agrees to accept possession of the Premises at such time as Landlord is able to tender the same and such date shall be deemed to be the Commencement Date and this Lease shall continue for the purpose of constructing the Tenant Improvements pursuant to the Work Letter without payment of Rent but otherwise lease term described in accordance with the terms and conditions of this Leaseparagraph 1(e) hereof. By commencing construction of occupying the Tenant ImprovementsPremises, Tenant shall be deemed to have accepted the same as suitable for the purposes purpose herein intended and to have acknowledged that the same comply fully with Landlord’s 's covenants and obligations except as stated in writing by Tenant. Tenant’s acceptance of the Premises shall not in any way relieve Landlord of its responsibilities as set forth in Section 40 hereof. After the Commencement Date of this Lease, Tenant shall, within ten (10) days after request from Landlord, execute and deliver to Landlord a letter of acceptance of delivery of the Premises, which letter shall also state the Commencement Date, the Expiration Date, the size of the Premises, the Basic Rent and Tenant’s Prorata Shareobligations.

Lease Grant. Landlord, in consideration of the Rent rent to be paid and the other covenants and agreements to be performed by the Tenant and upon the terms and conditions hereinafter stated, does hereby lease, demise and let unto Tenant the Premises premises (as defined in Paragraph 1.c. hereof) commencing on the Commencement Date commencement date (as defined in Section 1(e) Paragraph 1.d. hereof, or as adjusted as hereinafter provided) and ending on the last day of the Lease Termlease term, unless sooner terminated or extended, as hereinafter herein provided. Landlord shall not be liable for failure to give possession of any previous tenant, tenants, or occupants of same, nor shall such failure impair the validity of this lease, and Tenant agrees to deliver the Premises in its “as is” condition to Tenant on the Delivery Date, fully vacated and in “broom clean” condition to allow Tenant to commence the construction accept possession of the Tenant Improvements premises on such date as Landlord is able to tender the same and such date shall continue for the lease term described in accordance with the Work Letter set forth in Exhibit B attached heretoParagraph 1.d. For every day following the Delivery Date that Landlord has failed to deliver the Premises to Tenant in fully vacated and “broom clean” condition, the date provided for in Section 1(e) shall be extended one (1) dayhereof. Landlord agrees that Tenant may occupy the Premises hereby waives payment of monthly rental installments covering any period prior to the Commencement Date for tendering of possession of the purpose of constructing premises to Tenant hereunder. If Tenant occupies the Tenant Improvements pursuant premises prior to the Work Letter without payment of Rent but otherwise commencement date specified in accordance Paragraph 1.d., the commencement date shall be deemed to be changed to coincide with the terms date of Tenant's occupancy; however, the expiration date of the lease shall remain unchanged, and conditions the amount of this Leasethe basic rental shall be increased prorata based upon the increased lease term. By commencing construction of occupying the Tenant Improvementspremises, Tenant shall be deemed to have accepted the same as suitable for the purposes purpose herein intended and to have acknowledged that the same comply fully with Landlord’s 's covenants and obligations except as stated in writing by Tenant. Tenant’s acceptance of the Premises shall not in any way relieve Landlord of its responsibilities as set forth in Section 40 hereof. After the Commencement Date of this Lease, Tenant shall, within ten (10) days after request from Landlord, execute and deliver to Landlord a letter of acceptance of delivery of the Premises, which letter shall also state the Commencement Date, the Expiration Date, the size of the Premises, the Basic Rent and Tenant’s Prorata Shareobligations.

Lease Grant. LandlordBefore the Commencement Date, Landlord shall construct the Building and install in consideration the First Portion of the Rent Premises the items to be paid and constructed or installed by Landlord pursuant to the other covenants and agreements to be performed by Tenant and upon the terms and conditions hereinafter stated, does hereby lease, demise and let unto Tenant the Premises commencing on the Commencement Date as defined in Section 1(e) hereof, or as adjusted as hereinafter provided) and ending on the last day provisions of the Lease Term, unless sooner terminated or extended, as hereinafter provided. Landlord agrees to deliver the Premises in its “as is” condition to Tenant on the Delivery Date, fully vacated and in “broom clean” condition to allow Tenant to commence the construction of the Tenant Improvements in accordance with the Work Letter set forth in Agreement attached as Exhibit B attached "C" hereto. For every day following On or before September 1, 2003, Landlord shall construct and install in the Delivery Date that Second Portion of the Premises the items to be constructed or installed by Landlord has failed pursuant to the provisions of the Work Letter Agreement. If for any reason Landlord cannot deliver the First Portion of the Premises to Tenant in fully vacated and “broom clean” condition, the date provided for in Section 1(e) shall be extended one (1) day. Landlord agrees that Tenant may occupy the Premises prior to the Commencement Date for the purpose of constructing the Tenant Improvements pursuant to the Work Letter without payment of Rent but otherwise in accordance with the terms and conditions of this Lease. By commencing construction of the Tenant Improvements, Tenant shall be deemed to have accepted the same as suitable for the purposes herein intended and to have acknowledged that the same comply fully with Landlord’s covenants and obligations except as stated in writing by Tenant. Tenant’s acceptance of the Premises shall not in any way relieve Landlord of its responsibilities as set forth in Section 40 hereof. After the Commencement Date of this Lease, Tenant shall, within ten (10) days after request from Landlord, execute and deliver to Landlord a letter of acceptance of delivery of the Premises, which letter shall also state the Commencement Date, this lease shall not be void or voidable, and Landlord shall not be liable for any loss or damage resulting therefrom, except that the Expiration Date, rent payable under Paragraph 1(f) hereof shall be waived for the size period between the Commencement Date and the date on which Landlord can deliver possession. If for any reason Landlord cannot deliver the Second Portion of the PremisesPremises to Tenant by September 1, 2003, this Lease shall not be void or voidable, and Landlord shall not be liable for any loss or damage resulting therefrom, except that the Basic Rent rent payable under Paragraph 1(f) hereof applicable to the Second Portion shall be waived for the period between September 1, 2003, and the date on which Landlord can deliver possession of the Second Portion. No delay in the delivery of possession shall extend the lease term. Tenant may not enter or occupy the pertinent portion of the Premises until such Portion of the Premises is tendered by Landlord, unless Tenant’s Prorata Share.'s entry relates to construction work therein. If for any reason the First Portion of the Premises is not ready for occupancy on or before May 1, 2002, Tenant may, at its option, cancel and terminate this lease by written notice to Landlord delivered on or before May 15, 2002, in which event neither party shall have any further rights or obligations hereunder, except that Landlord will pay back to Tenant the "Prepaid Rent" (hereinafter defined). Any entry of the Premises before the date specified in this Paragraph 2 may be made only with Landlord's written consent. The Premises shall be deemed completed and possession delivered upon

Lease Grant. Landlord, in consideration of the Rent Basic Rental to be paid and the other covenants and agreements to be performed by Tenant and upon the terms and conditions hereinafter stated, does hereby lease, demise and let unto Tenant the Premises commencing on the Commencement Date (as defined in Section 1(eArticle I(d) hereof), or as adjusted as hereinafter provided) and ending on the last day of the Lease Term, unless sooner terminated or extended, as hereinafter herein provided. If this Lease is executed before the Premises are available and ready for occupancy, and Landlord cannot deliver possession on the Commencement Date, then Landlord shall not be deemed to be in default hereunder, and Tenant agrees to deliver accept possession of the Premises in its “at such time as is” condition the Premises are available and ready for occupancy and such date shall be deemed to Tenant on be the Delivery Commencement Date, fully vacated and in “broom clean” condition to allow Tenant to commence the construction of the Tenant Improvements in accordance with the Work Letter Expiration Date set forth in Exhibit B attached hereto. For every day following the Delivery Date that Landlord has failed to deliver the Premises to Tenant in fully vacated and “broom clean” condition, the date provided for in Section 1(eArticle I(d) hereof shall be extended one for a period equal to the number of days that the Premises are not available and ready for occupancy beyond the Commencement Date specified in Article I(d) hereof plus the number of ---- days necessary for the Lease Term to expire on the last day of a month; provided, however, that if the Leasehold Initial: ________ INDUSTRIAL LEASE AGREEMENT - Page 1 ________ -------------------------- Improvements (1as defined in Section 3.2 below) dayhave not been substantially completed within ninety (90) days following the date upon which Landlord and Tenant mutually approve the final plans and specifications for the Leasehold Improvements (as defined in Section 3.2 hereof) (herein, the "Outside Completion Date"), subject to Excused Delays (as hereinafter defined), then Tenant shall have the right to terminate this Lease at any time prior to substantial completion of the Leasehold Improvements, and this Lease shall thereafter be null and void and of no further force or effect and the Commencement Date hereunder shall never occur. If the Tenant fails to terminate this Lease prior to substantial completion or within ten (10) days after Landlord agrees notifies Tenant that the Leasehold Improvements will not be completed on time, then Tenant may shall be deemed to have waived its right of termination contained herein. If the delay in completing the Leasehold Improvements by the Outside Completion Date is caused or contributed to by act or neglect of Tenant, or those acting for or under Tenant, labor disputes, casualties, acts of God or the public enemy, governmental embargo restrictions, shortages of fuel, labor, or building materials, action or non-action of public utilities, or of local, state or federal governments affecting the work, or other causes beyond Landlord's reasonable control, then the time of completion of said construction shall be extended for the additional time caused by such delay. Such delays are each referred to as an "Excused Delay." Landlord hereby waives payment of Basic Rental and all Additional Rental and other payments to be made by Tenant hereunder, all of which shall only commence upon the Commencement Date covering any period prior to the date the Premises are available and ready for occupancy; however, should Tenant occupy the Premises prior to the Commencement Date for specified in Article I(d) hereof, the Commencement Date and Lease Term shall be altered to coincide with said occupancy with the Expiration Date of this Lease remaining unchanged. For the purpose hereof, the Premises shall be deemed "available and ready for occupancy" at such time as Landlord has substantially completed the construction or installation of constructing the Tenant any Leasehold Improvements (as defined in Section 3.2 hereof), if any, required to be completed by Landlord pursuant to the Work Letter without payment of Rent but otherwise in accordance with the terms and conditions Section 3.2 of this Lease. By commencing construction Lease to the extent reasonably necessary to as to allow Tenant to occupy the Premises and commence operations of its business therein, notwithstanding the fact that there may remain as incomplete certain minor, "punchlist" items which do not materially interfere with Tenant's intended use of the Tenant Improvements, Tenant Premises; Landlord agrees to promptly attend to and complete the punchlist items in a good and workmanlike manner. The Leasehold Improvements shall be deemed to have accepted been substantially completed when the same following having occurred: (i) the issuance of a certificate of occupancy permitting Tenant to occupy the Premises (or the taking of such other action as suitable for may be customary to permit occupancy or use thereof); and (ii) the purposes herein intended and issuance of a certificate of substantial completion by Landlord's architect. Tenant shall endeavor to have acknowledged that provide Landlord with a list of deficiencies in the same comply fully with Landlord’s covenants and obligations except as stated in writing by Tenant. Tenant’s acceptance construction of the Leasehold Improvements within thirty (30) days after it has taken possession of the Premises with all Leasehold Improvements completed; provided, further that nothing herein shall not in any way relieve Landlord of its responsibilities as reduce or impair Landlord's Construction Guaranty set forth in Section 40 hereof3.3 below. After the Commencement Date of this Lease, Tenant shall, within ten (10) days after upon request from Landlord, execute and deliver to Landlord a letter of acceptance of delivery of the Premises, which letter shall describe any deficiencies with respect to the Leasehold Improvements of which Tenant has actual knowledge and shall also state the Commencement Date and Expiration Date; provided, however, that Landlord also confirms to Tenant the Commencement and Expiration Dates. The Premises are subject to, and Tenant covenants and agrees to comply with, the Expiration Dateeasements, restrictions, reservations and other matters set forth in Exhibit "B" attached hereto and made a part hereof (collectively, the size "Permitted Encumbrances"). Landlord represents to Tenant that none of the Premises, Permitted Encumbrances will materially interfere with or preclude Tenants occupancy of the Basic Rent and Tenant’s Prorata SharePremises for the Primary Use identified in Article I(g) above.

Lease Grant. Landlord, in consideration of the Rent rent to be paid and the other covenants and agreements to be performed by Tenant and upon the terms and conditions hereinafter stated, does hereby lease, demise and let unto Tenant the Premises premises, as defined in the Basic Lease Information and generally outlined on the plan attached hereto as Exhibit A, commencing on the Commencement Date as defined in Section 1(e) hereof, or as adjusted as hereinafter provided) and ending on the last day of the Lease Termlease term, unless sooner terminated or extended, as hereinafter herein provided. Landlord agrees to deliver If this lease is executed before the Premises in its “as is” condition to Tenant on the Delivery Datepremises become vacant, fully vacated or otherwise available and in “broom clean” condition to allow Tenant to commence the construction ready for occupancy, or if any present tenant or occupant of the Tenant Improvements in accordance with premises holds over, and Landlord cannot acquire possession of the Work Letter set forth in Exhibit B attached hereto. For every day following the Delivery Date that Landlord has failed to deliver the Premises to Tenant in fully vacated and “broom clean” condition, the date provided for in Section 1(e) shall be extended one (1) day. Landlord agrees that Tenant may occupy the Premises premises prior to the Commencement Date of this lease, Landlord shall not be deemed to be in default hereunder, and Tenant agrees to accept possession of the premises on such date as Landlord is able to tender the same, which shall be deemed to be the Commencement Date of this lease for all purposes, and this lease shall continue for the purpose of constructing lease term specified in the Tenant Improvements pursuant to the Work Letter without payment of Rent but otherwise in accordance with the terms and conditions of this LeaseBasic Lease Information. By commencing construction of occupying the Tenant Improvementspremises, Tenant shall be deemed to have accepted the same as suitable for the purposes purpose herein intended and to have acknowledged that the same comply fully with Landlord’s covenants and obligations except as stated in writing by Tenant's obligations, notwithstanding that certain "punch list" type items may not have been completed. Tenant’s acceptance of the Premises shall not in any way relieve Landlord of its responsibilities as set forth in Section 40 hereof. After the Commencement Date of this Lease, Tenant shall, within Within ten (10) days after a written request from of Landlord, execute and deliver Tenant agrees to give Landlord a letter of acceptance of confirming the Commencement Date and certifying that Tenant has accepted delivery of the Premises, which letter shall also state premises and that the Commencement Date, the Expiration Date, the size condition of the Premises, the Basic Rent and Tenant’s Prorata Sharepremises complies with Landlord's obligations hereunder.

Lease Grant. Landlord, in consideration of the Rent rent to be paid and the other covenants and agreements to be performed by Tenant Tenants and upon the terms and conditions hereinafter stated, does hereby lease, demise and let unto Tenant the Premises commencing on the Commencement Date first to occur of (i) the date upon which Tenant occupies the Premises, or (ii) the date upon which the Premises are substantially complete (as defined in Section 1(eparagraph 7 of Exhibit D) hereof, or as adjusted as hereinafter providedand ready for occupancy (the “Commencement Date”) and ending on the last day of the Lease Term, Term unless sooner terminated or extended, as hereinafter herein provided. If the Premises are not available and ready for occupancy, for any reason whatsoever, prior to the Estimated Commencement Date, Landlord shall not be deemed to be in default hereunder, and Landlord shall not be liable or responsible for any claims, damages or liabilities in connection therewith or by reason thereof, except as set forth in this paragraph 2, and Tenant agrees to deliver accept possession of the Premises at such time as Landlord is able to tender the same and this Lease shall continue for the lease Term specified in its “as is” condition to Tenant on the Delivery Date, fully vacated and in “broom clean” condition to allow Tenant to commence Basic Lease Information. In the construction of event the Tenant Improvements (as defined in accordance with paragraph 2 of Exhibit D) are not substantially complete (as defined in paragraph 7 of Exhibit D) on the Work Letter set forth in Exhibit B attached hereto. For every day following date which is ninety (90) days after the Delivery Date that date on which Landlord has failed receives a building permit to deliver construct the Premises Tenant Improvements (the “Outside Completion Date”) for any reason other than a delay caused by any act or omission of Tenant or its agents, employees, or contractors (including, without limitation, requests for change orders), then Landlord shall pay to Tenant in fully vacated and “broom clean” condition, the date provided for in Section 1(e) shall be extended as liquidated damages an amount equal to one (1) day. Landlord agrees that Tenant may occupy the Premises prior to the Commencement Date ’s Basic Rental for the purpose of constructing each day the Tenant Improvements pursuant to are not substantially completed after the Work Letter without payment of Rent but otherwise in accordance with the terms and conditions of this LeaseOutside Completion Date. By commencing construction of occupying the Tenant ImprovementsPremises, Tenant shall be deemed to have accepted the same as suitable for the purposes purpose herein intended and to have acknowledged that the same comply fully with Landlord’s covenants and obligations except as stated in writing by Tenantobligations, notwithstanding that certain “punch list” type items may not have been completed. Tenant’s acceptance of the Premises shall not in any way relieve Landlord of its responsibilities as set forth in Section 40 hereof. After the Commencement Date of this Lease, Tenant shall, within ten Within fifteen (1015) days after Tenant’s receipt of a request from Landlord, execute and deliver Tenant agrees to give Landlord a letter of acceptance of confirming the Commencement Date and certifying that Tenant has accepted delivery of the Premises, which letter shall also state Premises and that the Commencement Date, the Expiration Date, the size condition of the Premises, the Basic Rent and TenantPremises complies with Landlord’s Prorata Share.obligations hereunder. A blank copy of such acknowledgment is attached as Exhibit H.

Lease Grant. Landlord, in consideration of the Rent rent to be paid and the other covenants and agreements to be performed by Tenant and upon the terms and conditions hereinafter stated, does hereby lease, demise and let unto Tenant the Premises premises (as defined in paragraph 1(c) hereof) commencing on the Commencement Date commencement date (as defined in Section 1(eparagraph 1(d) hereof, or as adjusted as hereinafter providedprovide) and ending on the last day of the Lease Termlease term, unless sooner terminated or extended, as hereinafter herein provided. Landlord agrees to deliver If this lease is executed before the Premises in its “as is” condition to Tenant on the Delivery Datepremises become vacant, fully vacated or otherwise available and in “broom clean” condition to allow Tenant to commence the construction ready for occupancy, or if any present tenant or occupant of the Tenant Improvements in accordance with premises holds over, and Landlord cannot acquire possession of the Work Letter set forth in Exhibit B attached hereto. For every day following the Delivery Date that Landlord has failed to deliver the Premises to Tenant in fully vacated and “broom clean” condition, the date provided for in Section 1(e) shall be extended one (1) day. Landlord agrees that Tenant may occupy the Premises premises prior to the Commencement Date commencement date of this lease, Landlord shall not be deemed to be in default hereunder, and Tenant agrees to accept possession of the premises at such time as Landlord is able to tender the same and such date shall be deemed to be the commencement date and this lease shall continue for the purpose lease term described in paragraph 1(d) hereof. Landlord hereby waives payment of constructing the Tenant Improvements pursuant rent covering any period prior to the Work Letter without payment rendering of Rent but otherwise possession of the premises to Tenant hereunder. Likewise, should Tenant occupy the premises prior to the commencement date specified in accordance paragraph 1(d), the commencement date shall be altered to coincide with said occupancy with the terms and conditions of this Lease. By commencing construction ending date of the Tenant Improvements, lease remaining unchanged before occupying the premises. Tenant shall be deemed to have accepted the same as suitable for the purposes purpose herein intended amended and to have acknowledged that the same comply fully with Landlord’s 's covenants and obligations except as stated in writing by Tenant. Tenant’s acceptance of the Premises shall not in any way relieve Landlord of its responsibilities as set forth in Section 40 hereof. After the Commencement Date of this Lease, Tenant shall, within ten (10) days after request from Landlord, execute and deliver to Landlord a letter of acceptance of delivery of the Premises, which letter shall also state the Commencement Date, the Expiration Date, the size of the Premises, the Basic Rent and Tenant’s Prorata Shareobligations.

Lease Grant. Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, in consideration of the Rent to be paid and the other covenants and agreements to be performed by Tenant and upon the terms and conditions hereinafter stated, does hereby lease, demise and let unto Tenant the Premises commencing on the Commencement Date as defined in Section 1(e) hereof, or as adjusted as hereinafter provided) upon and ending on the last day of the Lease Term, unless sooner terminated or extended, as hereinafter provided. Landlord agrees subject to deliver the Premises in its “as is” condition to Tenant on the Delivery Date, fully vacated and in “broom clean” condition to allow Tenant to commence the construction of the Tenant Improvements in accordance with the Work Letter set forth in Exhibit B attached hereto. For every day following the Delivery Date that Landlord has failed to deliver the Premises to Tenant in fully vacated and “broom clean” condition, the date provided for in Section 1(e) shall be extended one (1) day. Landlord agrees that Tenant may occupy the Premises prior to the Commencement Date for the purpose of constructing the Tenant Improvements pursuant to the Work Letter without payment of Rent but otherwise in accordance with the terms and conditions of this Lease. By , for a term of years commencing construction of the Tenant Improvements, Tenant shall be deemed to have accepted the same as suitable for the purposes herein intended and to have acknowledged that the same comply fully with Landlord’s covenants and obligations except as stated in writing by Tenant. Tenant’s acceptance of the Premises shall not in any way relieve Landlord of its responsibilities as set forth in Section 40 hereof. After on the Commencement Date of this Leaseand, unless earlier terminated or extended pursuant to the terms hereof, ending on the Expiration Date (the “Initial Term”; the Initial Term and the Extension Term, if duly exercised, are hereinafter collectively referred to as the “Term”). Once the Commencement Date is determined, Landlord and Tenant shallshall execute an agreement confirming the Commencement Date and the Expiration Date, in substantially the form attached hereto as Exhibit 3. Xxxxxx’s failure to execute and return any such agreement proposed by Landlord, or to provide written objection to the statements contained therein, within ten (10) business days after request from the date of Tenant’s receipt thereof, shall be deemed an approval by Tenant of Landlord’s determination of such dates as set forth therein. If Landlord does not Substantially Complete Landlord’s Work and deliver the Premises to Tenant by June 1, 2019 (subject to Landlord’s Force Majeure (as hereinafter defined) and any delays caused by Tenant), then for each day thereafter until such time as the Premises are delivered to Tenant with Landlord’s Work Substantially Complete, Tenant shall receive a rent credit equal to one day’s Base Rent. If Landlord for any reason does not Substantially Complete Landlord’s Work and deliver the Premises to Tenant by August 1, 2019 (subject to Landlord’s Force Majeure (as hereinafter defined) and any delays caused by Tenant), then Tenant may, at any time thereafter but prior to the date on which Xxxxxxxx’s Work is Substantially Complete, cancel this Lease by giving written notice of such cancellation to Landlord, execute whereupon Landlord shall promptly return the Security Deposit and deliver any prepaid rent hereunder to Landlord a letter Tenant and this Lease shall be null and void and of acceptance of delivery of the Premises, which letter shall also state the Commencement Date, the Expiration Date, the size of the Premises, the Basic Rent no further force and Tenant’s Prorata Shareeffect.