Common use of PREMISES, TERM AND COMMENCEMENT DATE Clause in Contracts

PREMISES, TERM AND COMMENCEMENT DATE. Subject to the terms and conditions set forth herein, Landlord hereby leases and demises to Tenant and Tenant hereby takes and leases from Landlord that certain space identified in Article 1(D) and shown on a plan attached hereto as Exhibit A (“Premises”), together with Tenant’s right to use the Peripheral Spaces, for a term (‘Term”) commencing on the Effective Date and ending on the Expiration Date set forth in Article 1 (the “Original Term”), unless sooner terminated or extended as provided herein. The actual square footage in the Premises and the Building shall be reasonably determined by Landlord’s architect, calculated in accordance with the ANSI/BOMA Z 95.1 (1996) method of measurement. Tenant shall have the right to review and confirm such measurements within thirty (30) days of the date Landlord’s architect completes such measurements and delivers the results thereof to Tenant Upon Tenant’s review and confirmation, the certificate of Landlord’s architect as to square footage shall be binding upon both parties hereto and such determined square footage shall be used in all calculations based on square footage throughout this Lease. The Rent Commencement Date set forth in Article 1 shall be advanced to such earlier date as Tenant commences occupancy of the Premises for the conduct of its business. Such date shall he confirmed by execution of the Rent Commencement Date Confirmation in the form as set forth in Exhibit E, which Tenant shall execute and return to Landlord within ten (10) business days after receipt thereof. If Landlord delays delivering possession of the Premises or substantial completion of any Landlord’s Work under Exhibit B, this Lease shall not be void or voidable, except as provided in Article 5, and Landlord shall have no liability for loss or damage resulting therefrom.

PREMISES, TERM AND COMMENCEMENT DATE. Subject to the terms and conditions set forth herein, Landlord hereby leases and demises to Tenant Tenant, and Tenant hereby takes and leases from Landlord that certain space identified in Article 1(D) Landlord, the Premises subject to the terms, covenants, conditions and shown on a plan attached hereto as Exhibit A (“Premises”)provisions of this Lease, together with Tenant’s the non-exclusive right to use the Peripheral SpacesCommon Areas, for the Term. If Tenant takes possession of any part of the Premises for the regular conduct of Tenant's business prior to the Commencement Date with Landlord's prior written consent, all of the covenants and conditions of this Lease will bind both parties with respect to such portion of the Premises, and Tenant will pay Rent for such portion of the Premises for the period of such occupancy according to Section 4 of this Lease at the rates applicable to the first Lease Year (excluding any periods of excused or free rent, if any), prorated for the time and portion of the Premises so occupied. No early occupancy under this Section will change the Commencement Date or the Expiration Date. Landlord shall deliver vacant possession of the Premises to Tenant including certain of the items (but not all) set forth in Attachment 1 attached hereto ("Landlord's Work") performed to such an extent that Tenant may commence construction of the Work forty-five (45) days after the date of this Lease (subject to Force Majeure events). In the event Landlord does not deliver the Premises in such condition, then Landlord will grant Tenant a term 2 for 1 day delay of its Rent commencement for every day Landlord fails to deliver the Premises in such condition. In the event Landlord does not deliver the Premises to Tenant in such condition (‘Term”subject to Force Majeure events) commencing within one hundred thirty-five (135) days after the date of this Lease, Tenant shall have, in addition to the other remedies set forth in this Section 2, the right to terminate this Lease by providing written notice to Landlord on or before the one hundred forty-fifth (145th) day after the Lease Execution Date unless Landlord has cured the default by such date. Landlord's Work shall be substantially complete no later than the Commencement Date. For the purposes of this Lease, substantially complete shall be defined as all conditions and items set forth in Attachment 1 are completed or installed and are in good working order except for so-called punch list items that would not materially inhibit the commencement of construction of the Work. In such case, the Commencement Date shall be postponed for a period equal to the delay, except to the extent that such delays arise primarily from the acts or omissions of Tenant or Tenant's employees, agents or contractors in which case the Commencement Date shall occur on the Effective date that it would have occurred but for such delay. If the Commencement Date is postponed, the Rent and ending other obligations of Tenant, and the Term and initial Lease Year hereunder, shall all commence on the Commencement Date as postponed in which event the Expiration Date set forth in Article Section 1 (the “Original Term”), unless sooner terminated or extended as provided hereinshall also be similarly changed. The actual square footage in the Premises Landlord and the Building shall be reasonably determined by Landlord’s architect, calculated in accordance with the ANSI/BOMA Z 95.1 (1996) method of measurement. Tenant shall have confirm in writing any adjustment to the right to review and confirm Commencement Date hereunder upon written request by either party. In the event of any dispute concerning such measurements within thirty (30) days of adjustment, Tenant shall pay Rent commencing on the date Landlord’s architect completes such measurements and delivers the results thereof to Tenant Upon Tenant’s review and confirmation, the certificate of Landlord’s architect as to square footage shall be binding upon both parties hereto and such determined square footage shall be used in all calculations based on square footage throughout this Lease. The Rent Commencement Date set forth in Article 1 shall be advanced Section 1.1, subject to adjustment between the parties after such earlier date as Tenant commences occupancy of the Premises for the conduct of its business. Such date shall he confirmed by execution of the Rent Commencement Date Confirmation in the form as set forth in Exhibit E, which Tenant shall execute and return to Landlord within ten (10) business days after receipt thereof. If Landlord delays delivering possession of the Premises or substantial completion of any Landlord’s Work under Exhibit B, this Lease shall not be void or voidable, except as provided in Article 5, and Landlord shall have no liability for loss or damage resulting therefromdispute is resolved.

PREMISES, TERM AND COMMENCEMENT DATE. Subject to the terms and conditions set forth herein, Landlord hereby leases and demises to Tenant and Tenant hereby takes and leases from Landlord that certain space identified in Article 1(D) and shown on a plan attached hereto as Exhibit A (“Premises”), together with Tenant’s right to use the Peripheral Spaces, ) for a term (‘“Term”) commencing on the Effective Commencement Date and ending on the Expiration Date set forth in Article 1 (the “Original Term”)1, unless sooner terminated or extended as provided herein. The actual square footage in the Premises and the Building shall be reasonably determined by Landlord’s architect, calculated in accordance with the ANSI/BOMA Z 95.1 (1996) method of measurement. Tenant shall have the right to review and confirm such measurements within thirty (30) days of the date Landlord’s architect completes such measurements and delivers the results thereof to Tenant Upon Tenant’s review and confirmation, the certificate of Landlord’s architect as to square footage shall be binding upon both parties hereto and such determined square footage shall be used in all calculations based on square footage throughout this Lease. The Rent Commencement Date set forth in Article 1 shall be advanced to such earlier date as Tenant commences occupancy of the Premises for the conduct of its business. Such date shall he be confirmed by execution of the Rent Commencement Date Confirmation in the form as set forth in Exhibit E, which Tenant shall execute and return to Landlord within ten five (105) business days after receipt thereof. If Landlord delays delivering possession of the Premises or substantial completion of any Landlord’s Work under Exhibit B, this Lease shall not be void or voidable, except as provided in Article 5. Tenant shall be permitted to either terminate or extend the original Term hereof in accordance with the provisions of Exhibit G attached hereto. Notwithstanding anything in this Lease to the contrary, this Lease shall be fully enforceable and binding on the parties as of the Effective Date. All square footage utilized in this Lease has been or will be as to future space, made by Tenant’s architect in a certificate (to be delivered to Landlord no later than fourteen (14) days following the Effective Date) in accordance with “Standard Method for Measuring Floor Area in Office Buildings”, published by the Secretariat, Buildings Owners and Managers Association International (ANSI/BOMA Z65.1 - 1996), approved June 7, 1996. Tenant’s Base Rent, Tenant’s Pro Rata Share, and Landlord’s allowance for Tenant improvement costs shall be adjusted based on such final measurement. If the parties cannot come to an agreement with respect to final measurement of the Premises or if Tenant’s architect fails to timely submit its certificate, a certificate by Landlord’s architect as to the final square footage shall be controlling. If the final square footage is higher by 5% or more than the estimate shown in Article I (D), such that Tenant has to revise its space plan, Landlord shall have no liability pay Tenant’s actual costs for loss or damage resulting therefromsuch space plan revisions in an amount not to exceed $0.12 per square foot.

PREMISES, TERM AND COMMENCEMENT DATE. Subject to the terms and conditions set forth herein, Landlord hereby leases and demises to Tenant and Tenant hereby takes and leases from Landlord that certain space identified in Article 1(D) and shown on a plan attached hereto as Exhibit A (“Premises”), together with Tenant’s right to use the Peripheral Spaces, Premises for a term (‘"Term”") commencing on the Effective Commencement Date and ending on the Expiration Date set forth in Article 1 (the “Original Term”)1, unless sooner terminated or extended as provided herein, subject to the provisions herein contained. The actual square footage in the Premises and the Building shall be reasonably determined by Landlord’s architect, calculated in accordance with the ANSI/BOMA Z 95.1 (1996) method of measurement. Tenant shall have the right to review and confirm such measurements within thirty (30) days of the date Landlord’s architect completes such measurements and delivers the results thereof to Tenant Upon Tenant’s review and confirmation, the certificate of Landlord’s architect as to square footage shall be binding upon both parties hereto and such determined square footage shall be used in all calculations based on square footage throughout this Lease. The Rent Commencement Date set forth in Article 1 shall be advanced to such earlier date as Tenant commences occupancy of opens the Premises for the conduct of its business. Such date shall he confirmed by execution of the Rent Commencement Date Confirmation in the form as set forth in Exhibit E, which Tenant shall execute and return to Landlord within ten (10) business days after receipt thereof. If Landlord delays delivering possession of the Premises or substantial completion of any Landlord’s 's Work under Exhibit B, this Lease shall not be void or voidable, except as provided in Article 5, voidable and Landlord shall have no liability for loss or damage resulting therefrom. In such case, the Commencement Date shall be postponed for a period equal to the delay, except to the extent that such delays arise from the acts or omissions of Tenant or Tenant's employees, agents or contractors. If the Commencement Date is advanced or postponed, the Rent and other obligations of Tenant, and the Term and initial Lease Year hereunder, shall all commence on the Commencement Date as advanced or postponed. However, the Expiration Date set forth in Article 1 shall not be changed. Landlord and Tenant shall confirm in writing any adjustment to the Commencement Date hereunder upon written request by either party. In the event of any dispute concerning such adjustment, Tenant shall pay Rent commencing on the Commencement Date set forth in Article 1, subject to adjustment between the parties after such dispute is resolved. Notwithstanding the foregoing to the contrary, Landlord may delay delivery of the Premises and performance of any Landlord's Work until this Lease has been mutually signed and delivered, and such delays shall not postpone the Commencement Date set forth in Article 1 or the commencement of Rent hereunder, except as the parties may expressly agree otherwise in writing.

PREMISES, TERM AND COMMENCEMENT DATE. Subject to the terms and conditions set forth herein, Landlord hereby leases and demises to Tenant and Tenant hereby takes and leases from Landlord that certain space identified in Article 1(D) and shown on a plan attached hereto as Exhibit A (“"Premises”"), together with Tenant’s 's right to use the Peripheral Spaces, for a term (‘"Term”") commencing on the Effective Date and ending on the Expiration Date set forth in Article 1 (the “"Original Term”"), unless sooner terminated or extended as provided herein. The actual square footage in the Premises and the Building shall be reasonably determined by Landlord’s 's architect, calculated in accordance with the ANSI/BOMA Z 95.1 (1996) method of measurement. Tenant shall have the right to review and confirm such measurements within thirty (30) days of the date Landlord’s 's architect completes such measurements and delivers the results thereof to Tenant Tenant. Upon Tenant’s 's review and confirmation, the certificate of Landlord’s 's architect as to square footage shall be binding upon both parties hereto and such determined square footage shall be used in all calculations based on square footage throughout this Lease. The Rent Commencement Date set forth in Article 1 shall be advanced to such earlier date as Tenant commences occupancy of the Premises for the conduct of its business. Such date shall he be confirmed by execution of the Rent Commencement Date Confirmation in the form as set forth in Exhibit E, which Tenant shall execute and return to Landlord within ten (10) business days after receipt thereof. If Landlord delays delivering possession of the Premises or substantial completion of any Landlord’s 's Work under Exhibit B, this Lease shall not be void or voidable, except as provided in Article 5, and Landlord shall have no liability for loss or damage resulting therefrom.