Common use of Term and Possession Clause in Contracts

Term and Possession. (a) The term of this Lease (the “Term”) shall commence on May 1, 2007 (the “Commencement Date”) and, unless sooner terminated pursuant to the express provisions of this Lease, shall expire on the Expiration Date (as defined below). The “Expiration Date” shall be the day which is one day prior to the third anniversary of the Commencement Date, unless the Lease is sooner terminated pursuant to the express provisions of this Lease. If Landlord, for any reason whatsoever, cannot deliver possession of the Premises to Tenant on the Scheduled Commencement Date, this Lease shall not be void or voidable, nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom. Notwithstanding the foregoing, if Landlord fails to deliver possession of the Premises to Tenant with all of Landlord’s Work (as such term is defined in Section 2(b) below) substantially complete on or before May 1, 2007 (as extended day-for-day for each day of Tenant Delay or Force Majeure Delay), then Tenant shall have the right to terminate this Lease by providing written notice to Landlord at any time within five (5) days after the expiration of such period. Within five (5) business days after the Commencement Date, the parties shall execute a letter confirming the Commencement Date and certifying that Tenant has accepted delivery of the Premises, in the form attached hereto as EXHIBIT “D” (the “Commencement Date Memorandum”). Either party’s failure to request execution of, or to execute, the Commencement Date Memorandum shall not in any way alter the Commencement Date.

Term and Possession. (a) The term of this Lease (the “Term”) shall commence on May the earlier to occur of (i) the date upon which Tenant commences to conduct business operations from the Premises, or (ii) the later to occur of (A) the date on which the Landlord’s Work (as such term is defined in the Work Letter) is Substantially Complete (provided, that the date of Substantial Completion shall be advanced day-for-day for each day of delay caused by or resulting from Tenant Delay [as such term is defined in the Work Letter]), or (B) the Scheduled Commencement Date (i.e., January 1, 2007 2010) (the earlier of such dates being referred to herein as the “Commencement Date”) and, unless sooner terminated pursuant to the express provisions of this Lease, shall expire on the Expiration Date (as defined below). The “Expiration Date” shall be the day or such earlier date on which is one day prior to the third anniversary of the Commencement Date, unless the Lease is sooner terminated pursuant to the express provisions of this Lease. If Landlord, for any reason whatsoever, cannot deliver possession of the Premises to Tenant on the Scheduled Commencement DateDate (i.e., January 1, 2010) with the Landlord’s Work Substantially Completed (calculated as described in clause (A) above), this Lease shall not be void or voidable, nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom. Notwithstanding the foregoing, if Landlord fails to deliver possession of the Premises to Tenant with all of Landlord’s Work (as such term is defined in Section 2(b) below) substantially complete on or before May 1, 2007 (as extended day-for-day for each day of Tenant Delay or Force Majeure Delay), then Tenant shall have the right to terminate this Lease by providing written notice to Landlord at any time within five (5) days after the expiration of such period. Within five (5) business days after the Commencement Date, the parties shall execute a letter confirming the Commencement Date and certifying that Tenant has accepted delivery of the Premises, in the form attached hereto as EXHIBIT “D” (the “Commencement Date Memorandum”). Either party’s failure to request execution of, of or to execute, the Commencement Date Memorandum shall not in any way alter the Commencement Date.

Term and Possession. (a) The term of this Lease (the “Term”) shall commence on May the earlier to occur of (i) the date upon which Tenant commences to conduct business operations from the Premises, or (ii) the later to occur of (A) the date on which the Landlord’s Work (as such term is defined in the Phase I Work Letter) is Substantially Complete (provided, that the date of Substantial Completion shall be advanced day-for-day for each day of delay caused by or resulting from Tenant Delay [as such term is defined in the Phase I Work Letter]), or (B) the Scheduled Commencement Date (i.e., November 1, 2007 2008) (the earlier of such dates being referred to herein as the “Commencement Date”) and, unless sooner terminated pursuant to the express provisions of this Lease, shall expire on the Expiration Date (as defined below). The “Expiration Date” shall be the day or such earlier date on which is one day prior to the third anniversary of the Commencement Date, unless the Lease is sooner terminated pursuant to the express provisions of this Lease. If Landlord, for any reason whatsoever, cannot deliver possession of the Premises to Tenant on the Scheduled Commencement DateDate (i.e., November 1, 2008) with the Landlord’s Work Substantially Completed (calculated as described in clause (A) above), this Lease shall not be void or voidable, nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom. Notwithstanding the foregoing, if Landlord fails to deliver possession of the Premises to Tenant with all of Landlord’s Work (as such term is defined in Section 2(b) below) substantially complete on or before May 1, 2007 (as extended day-for-day for each day of Tenant Delay or Force Majeure Delay), then Tenant shall have the right to terminate this Lease by providing written notice to Landlord at any time within five (5) days after the expiration of such period. Within five (5) business days after the Commencement Date, the parties shall execute a letter confirming the Commencement Date and certifying that Tenant has accepted delivery of the Premises, in the form attached hereto as EXHIBIT “D” (the “Commencement Date Memorandum”). Either party’s failure to request execution of, or to execute, the Commencement Date Memorandum shall not in any way alter the Commencement Date.

Term and Possession. (a) The term of this Lease (“the “Term”) shall commence on May 1, 2007 the Commencement Date specified below (the “Commencement Date”) and, unless sooner terminated pursuant to the express provisions of this LeaseLease or extended pursuant to any extension option provided for herein, shall expire on the expiration date (the “Expiration Date”) set forth below. When the Commencement Date and the Expiration Date (have been established, Landlord and Tenant shall confirm the same in the form of the Commencement Letter attached hereto as defined below). Exhibit C. The “Expiration Commencement Date” shall be the day date upon which is one day prior to Tenant actually occupies the third anniversary of Premises, with Landlord’s permission, for any use permitted under the Commencement Date, unless the Lease is sooner terminated pursuant to the express provisions terms of this Lease. The anticipated Commencement Date is July 1, 2018. If Landlord, for any reason whatsoever, cannot deliver possession of the said Premises to Tenant on at the Scheduled Commencement DateDate of the term hereof, this Lease shall not be void or voidable, nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom. Notwithstanding the foregoing, if Landlord fails to deliver possession of the Premises to Tenant with but in that event, (a) all of Landlord’s Work Rent (as such term is defined in Section 2(bparagraph 3.7) below) substantially complete on or before May 1, 2007 (as extended day-for-day for each day of Tenant Delay or Force Majeure Delay), then Tenant shall have be abated during the right to terminate this Lease by providing written notice to Landlord at any time within five (5) days after the expiration of such period. Within five (5) business days after the Commencement Date, the parties shall execute a letter confirming period between the Commencement Date of said term and certifying that the time when Landlord delivers possession, (b) Tenant has accepted shall commence paying Rent on the date of delivery of possession of the Premises, in and (c) the form attached hereto as EXHIBIT “D” Expiration Date shall be on the two (2) year anniversary of the “Commencement Date Memorandum”). Either party’s failure to request execution of, or to execute, date of delivery of possession of the Commencement Date Memorandum shall not in any way alter the Commencement DatePremises.