Common use of Outside Delivery Date Clause in Contracts

Outside Delivery Date. (i) If Landlord shall have failed to deliver possession of the Seventh Amendment D Premises to Tenant free of all occupants on or before March 1, 2018 (the “Seventh Amendment D Premises Outside Delivery Date”) (which date [***] INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. shall be extended automatically for such periods of time as Landlord is prevented from so delivering by reason of Force Majeure), Tenant shall have the right to terminate the Lease, as amended, solely as to the Seventh Amendment D Premises by giving notice to Landlord of Tenant’s desire to do so before such delivery and within the time period from the Seventh Amendment D Premises Outside Delivery Date (as so extended) until the date which is thirty (30) days subsequent to the Seventh Amendment D Premises Outside Delivery Date (as so extended); and, upon the giving of such notice, the lease of the Seventh Amendment D Premises (and all rights related thereto) shall cease and come to an end without further liability or obligation on the part of either party unless, within thirty (30) days of such notice, Landlord delivers possession of the Seventh Amendment D Premises to Tenant free of all occupants, in which case, Tenant’s notice shall be deemed null and void and of no further force or effect.

Outside Delivery Date. (i) If Landlord shall have failed to deliver possession of the Seventh Amendment D C Premises to Tenant free of all occupants on or before March February 1, 2018 (the “Seventh Amendment D C Premises Outside Delivery Date”) (which date [***] INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. shall be extended automatically for such periods of time as Landlord is prevented from so delivering by reason of Force Majeure), Tenant shall have the right to terminate the Lease, as amended, solely as to the Seventh Amendment D C Premises by giving notice to Landlord of Tenant’s desire to do so before such delivery and within the time period from the Seventh Amendment D C Premises Outside Delivery Date (as so extended) until the date which is thirty (30) days subsequent to the Seventh Amendment D C Premises Outside Delivery Date (as so extended); and, upon the giving of such notice, the lease of the Seventh Amendment D C Premises (and all rights related thereto) shall cease and come to an end without further liability or obligation on the part of either party unless, within thirty (30) days of such notice, Landlord delivers possession of the Seventh Amendment D C Premises to Tenant free of all occupants, in which case, Tenant’s notice shall be deemed null and void and of no further force or effect. For purposes of this Section 2(C)(i) and Sections 3(C)(i), 4(C)(i), and 5(C)(i) below, the term “Force Majeure” shall be deemed to expressly exclude the failure of the current occupant of a Seventh Amendment Premises to vacate such premises.

Outside Delivery Date. (i) If Landlord shall have failed to deliver possession of the Seventh Amendment D F Premises to Tenant free of all occupants on or before March July 1, 2018 (the “Seventh Amendment D F Premises Outside Delivery Date”) (which date shall be extended automatically for such periods of time as Landlord is prevented from so delivering by reason of Force Majeure), Tenant shall have the right to terminate the Lease, as amended, solely as to the Seventh Amendment F Premises by giving notice to Landlord of Tenant’s desire to do so before such delivery and within the time period from the Seventh Amendment F Premises Outside Delivery Date (as so extended) until the date which is thirty (30) days subsequent to the Seventh Amendment F Premises Outside Delivery Date (as so extended); and, upon the giving of such notice, the lease of the Seventh Amendment F Premises (and all rights related thereto) shall cease and come to an end without further liability or obligation on the part of either party unless, within thirty (30) days of such notice, Landlord delivers possession of the Seventh Amendment F Premises to Tenant free of all occupants, in which case, Tenant’s notice shall be deemed null and void and of no further force or effect. [***] INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. shall be extended automatically for such periods of time as Landlord is prevented from so delivering by reason of Force Majeure), Tenant shall have the right to terminate the Lease, as amended, solely as to the Seventh Amendment D Premises by giving notice to Landlord of Tenant’s desire to do so before such delivery and within the time period from the Seventh Amendment D Premises Outside Delivery Date (as so extended) until the date which is thirty (30) days subsequent to the Seventh Amendment D Premises Outside Delivery Date (as so extended); and, upon the giving of such notice, the lease of the Seventh Amendment D Premises (and all rights related thereto) shall cease and come to an end without further liability or obligation on the part of either party unless, within thirty (30) days of such notice, Landlord delivers possession of the Seventh Amendment D Premises to Tenant free of all occupants, in which case, Tenant’s notice shall be deemed null and void and of no further force or effect.

Outside Delivery Date. (i) If Landlord shall have failed to deliver possession of the Seventh Amendment D E Premises to Tenant free of all occupants on or before March May 1, 2018 (the “Seventh Amendment D E Premises Outside Delivery Date”) (which date shall be extended automatically for such periods of time as Landlord is prevented from so delivering by reason of Force Majeure), Tenant shall have the right to terminate the Lease, as amended, solely as to the Seventh Amendment E Premises by giving notice to Landlord of Tenant’s desire to do so before such delivery and within the time period from the Seventh Amendment E Premises Outside Delivery Date (as so extended) until the date which is thirty (30) days subsequent to the Seventh Amendment E Premises Outside Delivery Date (as so extended); and, upon the giving of such notice, the lease of the Seventh Amendment E Premises (and all rights related thereto) shall cease and come to an end without further liability or obligation on the part of either party unless, within thirty (30) days of such notice, Landlord delivers possession of the Seventh Amendment E Premises to Tenant free of all occupants, in which case, Tenant’s notice shall be deemed null and void and of no further force or effect. [***] INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. shall be extended automatically for such periods of time as Landlord is prevented from so delivering by reason of Force Majeure), Tenant shall have the right to terminate the Lease, as amended, solely as to the Seventh Amendment D Premises by giving notice to Landlord of Tenant’s desire to do so before such delivery and within the time period from the Seventh Amendment D Premises Outside Delivery Date (as so extended) until the date which is thirty (30) days subsequent to the Seventh Amendment D Premises Outside Delivery Date (as so extended); and, upon the giving of such notice, the lease of the Seventh Amendment D Premises (and all rights related thereto) shall cease and come to an end without further liability or obligation on the part of either party unless, within thirty (30) days of such notice, Landlord delivers possession of the Seventh Amendment D Premises to Tenant free of all occupants, in which case, Tenant’s notice shall be deemed null and void and of no further force or effect.