Common use of Outside Delivery Date Clause in Contracts

Outside Delivery Date. Notwithstanding anything contained herein to the contrary, if any portion of the Premises is not delivered to Tenant on or before the date that is one hundred twenty (120) days following the anticipated delivery date for such portion of the Premises set forth in Section 3.2 of the Summary (each such date, an “Outside Delivery Date”), then Tenant shall be entitled to receive a day-for-day abatement of Base Rent (in addition to any other Base Rent abatement provided herein) otherwise due for the portion of the Premises not delivered for the number of days that occur in the “Delayed Delivery Period,” as that term is defined below. For purposes of this Lease, the “Delayed Delivery Period” shall mean the period commencing on the day that occurs immediately following the Outside Delivery Date and continuing until the date upon which the applicable portion of the Premises is delivered to Tenant. Notwithstanding anything contained herein to the contrary, if any portion of the Phase 1 Premises is not delivered to Tenant on or before the date that is two hundred seventy (270) days following the anticipated delivery date for such portion of the Phase 1 Premises set forth in Sections 3.2.1, 3.2.2 and 3.2.3 of the Summary (each such date, a “Phase 1 Termination Outside Date”), then Tenant shall have the right to deliver a written notice to Landlord (a “Termination Notice”) electing to terminate this Lease in its entirety effective upon the date occurring five (5) business days following receipt by Landlord of the Termination Notice (the “Effective Termination Date”). If Tenant timely delivers such a Termination Notice to Landlord, then Landlord shall have the right to suspend the occurrence of the Effective Termination Date for a period ending thirty (30) days after the applicable Phase 1 Termination Outside Date by delivering written notice to Tenant prior to the Effective Termination Date stating that, in Landlord’s reasonable, good faith judgment, the applicable portion of the Phase 1 Premises will be delivered to Tenant within thirty (30) days after the applicable Phase 1 Termination Outside Date. If the applicable portion of the Phase 1 Premises is delivered to Tenant within such thirty (30) day suspension period, then the Termination Notice shall be of no force or effect, but if the applicable portion of the Phase 1 Premises is not delivered to Tenant within such thirty (30) day suspension period, then this Lease shall terminate in its entirety and be of no further force or effect upon the expiration of such thirty (30) day suspension period and Landlord shall promptly refund to Tenant any prepaid Rent paid by Tenant to Landlord

Outside Delivery Date. Notwithstanding anything contained herein In the event that Landlord fails to cause the Premises to be Ready for Occupancy on or before September 1, 2014 (the "Outside Date"), for any reason other than a Force Majeure Delay or a Tenant Delay (as defined and referenced below, respectively), then Tenant's sole and exclusive remedy at law or in equity for Landlord's failure to cause the Premises to be Ready for Occupancy on or prior to the contrary, if any portion Outside Date shall be to terminate this Lease pursuant to the terms of this Section 1.1.4. If Landlord does not cause the Premises is not delivered to Tenant be Ready for Occupancy on or before the date that is one hundred twenty (120) days following the anticipated delivery date for such portion of the Premises set forth in Section 3.2 of the Summary (each such date, an “Outside Delivery Date”), then Tenant shall be entitled to receive a day-for-day abatement of Base Rent (in addition to any other Base Rent abatement provided herein) otherwise due for the portion of the Premises not delivered for the number of days that occur in the “Delayed Delivery Period,” as that term is defined below. For purposes of this Lease, the “Delayed Delivery Period” shall mean the period commencing on the day that occurs immediately following the Outside Delivery Date and continuing until the date upon which the applicable portion of the Premises is delivered to Tenant. Notwithstanding anything contained herein to the contrary, if any portion of the Phase 1 Premises is not delivered to Tenant on or before the date that is two hundred seventy (270) days following the anticipated delivery date for such portion of the Phase 1 Premises set forth in Sections 3.2.1, 3.2.2 and 3.2.3 of the Summary (each such date, a “Phase 1 Termination Outside Date”), then Tenant shall have the right to deliver a written notice to Landlord (a “an "Outside Date Termination Notice”") electing to terminate this Lease in its entirety effective upon the date (the "Effective Termination Date") occurring five (5) business days following receipt by Landlord of the Outside Date Termination Notice. The Outside Date Termination Notice must be delivered by Tenant to Landlord, if at all, not earlier than the Outside Date (as the “Effective Termination same may be extended pursuant to the terms of Section 3.1.3, below) nor later than ten (10) business days after the Outside Date”). If In the event that Tenant fails to timely delivers such a deliver the Outside Date Termination Notice to LandlordLandlord on or before such ten (10) business days, then Landlord shall have the Tenant's right to suspend terminate the occurrence of the Effective Termination Date for a period ending thirty (30) days after the applicable Phase 1 Termination Outside Date by delivering written notice to Tenant prior Lease pursuant to the Effective Termination Date stating that, in Landlord’s reasonable, good faith judgment, the applicable portion terms of the Phase 1 Premises will be delivered to Tenant within thirty (30) days after the applicable Phase 1 Termination Outside Date. If the applicable portion of the Phase 1 Premises is delivered to Tenant within such thirty (30) day suspension period, then the Termination Notice this Section 1.1.4 shall be of no deemed terminated and without any further force or effect, but if . In the applicable portion event that Tenant delivers to Landlord the Outside Date Termination Notice in accordance with the terms of the Phase 1 Premises is not delivered to Tenant within such thirty (30) day suspension periodthis Section 1.1.4, then this Lease shall automatically terminate in its entirety and be of no further force or effect upon effect, and Landlord and Tenant shall be relieved of their respective obligations under this Lease, as of the expiration of such Effective Termination Date, provided that, Landlord shall, within thirty (30) day suspension period and Landlord shall promptly refund days following the Effective Termination Date, return to Tenant the Security Deposit and any prepaid Base Rent paid by Tenant under this Lease. The Scheduled Delivery Date and the Outside Date shall each be extended to the extent of any delays beyond the reasonable control of Landlord, including any delay or delays caused by "Force Majeure," as that term is defined in Section 29.16 of this Lease (a “Force Majeure Delay”), and any "Tenant Delay," as that term is defined in Section 1(j) of the Tenant Work Letter.

Outside Delivery Date. Notwithstanding anything contained herein in Section 2.1 to the contrary, if any portion Landlord does not cause the Initial Delivery Dates (as defined in Section 1.2 of the Tenant Work Letter) to occur by March 1, 2001 (the "PREMISES OUTSIDE DELIVERY DATE") (as such Premises is not delivered to Tenant on or before the date that is one hundred twenty (120) days following the anticipated delivery date for such portion of the Premises set forth in Section 3.2 of the Summary (each such date, an “Outside Delivery Date”), then Tenant shall Date may be entitled to receive a day-for-day abatement of Base Rent (in addition to any other Base Rent abatement provided herein) otherwise due for the portion of the Premises not delivered for extended by the number of days of Force Majeure delays (provided, however, that occur in no event shall the “Delayed Delivery Period,” as that term is defined below. For purposes of this Lease, the “Delayed Delivery Period” shall mean the period commencing on the day that occurs immediately following the Premises Outside Delivery Date be extended on account of any such Force Majeure delays by more than ninety (90) days) and continuing until by the date upon which the applicable portion number of the Premises is delivered days of any Tenant Delays (as defined in Section 2.3.4 below) pursuant to Tenant. Notwithstanding anything contained herein to the contrary, if any portion of the Phase 1 Premises is not delivered to Tenant on or before the date that is two hundred seventy (270) days following the anticipated delivery date for such portion of the Phase 1 Premises set forth in Sections 3.2.1, 3.2.2 and 3.2.3 of the Summary (each such date, a “Phase 1 Termination Outside Date”Section 2.3.4 below), then Tenant shall have the right to deliver a written notice to Landlord (a “Termination Notice”"TERMINATION NOTICE") electing to terminate this Lease in its entirety effective upon the date occurring five (5) business days following receipt by Landlord of the Termination Notice (the “Effective Termination Date”"EFFECTIVE DATE"). If Tenant timely delivers such a The Termination Notice must be delivered by Tenant to Landlord, then Landlord if at all, not earlier than the Premises Outside Delivery Date (as the same may be extended pursuant to the terms of Section 2.3.3 below) nor later than fifteen (15) business days after the Premises Outside Delivery Date; provided, however, the Tenant shall have the right to suspend the occurrence of the Effective Termination Date for send a period ending thirty (30) days after the applicable Phase 1 Termination Outside Date by delivering written notice to Tenant Notice at any time prior to the Effective Termination Date stating thatPremises Outside Delivery Date, requesting Landlord whether the Initial Delivery Dates will, in Landlord’s reasonable, 's general contractor's reasonable good faith judgmentestimation, occur by the applicable portion of the Phase 1 Premises will be delivered to Tenant within thirty Outside Delivery Date (30"TENANT'S REQUEST NOTICE") days after the applicable Phase 1 Termination Outside Date. If the applicable portion of the Phase 1 Premises is delivered to Tenant within such thirty (30) day suspension period, then the Termination Notice shall be of no force or effect, but if the applicable portion of the Phase 1 Premises is not delivered to Tenant within such thirty (30) day suspension period, then this Lease shall terminate in its entirety and be of no further force or effect upon the expiration of such thirty (30) day suspension period and Landlord shall promptly refund respond to Tenant any prepaid Rent paid Tenant's Request Notice within ten (10) business days after Landlord's receipt thereof ("LANDLORD'S RESPONSE NOTICE"). If Landlord's Response Notice indicates that the Initial Delivery Dates will not, in such contractor's reasonable good faith estimation, occur by Tenant to Landlordthe Premises Outside Delivery Date (or

Outside Delivery Date. Notwithstanding anything contained herein Landlord anticipates that the Premises shall be delivered to Tenant in the “Delivery Condition” on or before the “Delivery Date,” as such terms are defined in the Tenant Work Letter. Except as otherwise provided below, Landlord shall not be subject to any liability for its failure to deliver the Premises (or any portion thereof), and such failure shall not affect the validity of this Lease or the obligations of Tenant hereunder with respect to the contraryPremises. Landlord agrees that it shall use its good faith, if any portion of commercially reasonable efforts to deliver the Premises is not delivered in the Delivery Condition to Tenant on or before the date that is one hundred twenty (120) days following the anticipated delivery date for such portion of Delivery Date, however, if Landlord does not deliver the Premises set forth in Section 3.2 of the Summary (each such date, an Delivery Condition by the “Outside Delivery Date”), then Tenant shall be entitled to receive a day-for-day abatement of Base Rent (in addition to any other Base Rent abatement provided herein) otherwise due for the portion of the Premises not delivered for the number of days that occur in the “Delayed Delivery Period,” as that term is defined below. For purposes of this Lease, the “Delayed Delivery Period” shall mean the period commencing on the day that occurs immediately following the Outside Delivery Date and continuing until the date then, upon written notice (which the applicable portion of the Premises is delivered written notice must be given to Tenant. Notwithstanding anything contained herein to the contrary, if any portion of the Phase 1 Premises is not delivered to Tenant Landlord on or before the date that is two hundred seventy which occurs ten (27010) business days following the anticipated delivery date for such portion occurrence of the Phase 1 Premises set forth in Sections 3.2.1, 3.2.2 and 3.2.3 of the Summary (each such date, a “Phase 1 Termination Outside Delivery Date”), then Tenant shall have the right to deliver a written notice to immediately terminate this Lease and upon such termination Landlord (a “Termination Notice”) electing and Tenant shall be relieved of their obligations under this Lease. Tenant’s right to terminate this Lease shall be Tenant’s sole and exclusive remedy at law or in its entirety effective upon equity for damages or termination for the failure of Landlord to deliver the Premises by the Outside Delivery Date. The “Outside Delivery Date” shall be the date occurring which occurs forty-five (45) days after the Delivery Date. The Outside Delivery Date shall be extended on a day-for-day basis for any delays resulting in whole or in part from the acts or omissions of the “Tenant Parties,” as such term is defined in Section 10.1 of this Lease and/or for “Force Majeure,” as such term is defined in Section 29.16 of this Lease. Notwithstanding anything contained in this Section 1.1.1.1 to the contrary, Tenant’s termination notice due to a failure of delivery by the Outside Delivery Date shall be null and void (but only in connection with the first notice sent by Tenant with respect to such failure) if Landlord provides written notice to Tenant within five (5) business days following of receipt by of such termination notice from Tenant that Landlord will cause the delivery of the Termination Notice (the “Effective Termination Date”). If Tenant timely delivers such a Termination Notice to Landlord, then Landlord shall have the right to suspend the occurrence of the Effective Termination Date for a period ending thirty (30) days after the applicable Phase 1 Termination Outside Date by delivering written notice Premises to Tenant prior in the Delivery Condition to the Effective Termination Date stating that, in Landlord’s reasonable, good faith judgment, the applicable portion of the Phase 1 Premises will be delivered to Tenant occur within thirty (30) days after in which case the applicable Phase 1 Termination Outside Date. If the applicable portion of the Phase 1 Premises is delivered to Tenant within such thirty (30) day suspension period, then the Termination Notice Delivery Date shall be of no force or effect, but if the applicable portion of the Phase 1 Premises is not delivered deemed extended to Tenant within such thirty (30) day suspension period, then this Lease shall terminate in its entirety and be of no further force or effect upon the expiration of such thirty (30) day suspension period and Landlord shall promptly refund to Tenant any prepaid Rent paid date specified by Tenant to Landlord.