Common use of Term and Possession Clause in Contracts

Term and Possession. (a) Subject to and upon the terms and conditions set forth herein, the Term of this Lease shall be for the period specified in the Basic Lease Information, commencing upon the earlier of the following dates (the “Commencement Date”): (i) the date on which the Premises are Substantially Complete (as defined below); (ii) the date on which the Premises would have been Substantially Complete had there been no tenant Delays (as defined in Section 6.1 of the Lease Improvement Agreement); or (iii) the date upon which the Tenant takes possession of the Premises in order to conduct its business operations therein, with the Landlord’s written consent, provided, however, that in no event shall Tenant be obligated to accept a Commencement Date prior to July 15, 2002. Within thirty (30) days after the Commencement Date, Landlord and Tenant shall execute an amendment to this Lease (“First Amendment to Lease and Acknowledgment”) setting forth the Commencement Date and the expiration date of the term of the Lease, which shall be in the form attached hereto as Exhibit C. For purposes of the foregoing, the Premises shall be deemed to be “Substantially Complete” when (i) Tenant is tendered direct access to the Premises with building services (sanitary sewer, public water, electrical, elevator, HVAC service and fire suppression services operational) ready to be furnished to the Premises, and (ii) a certificate of occupancy (temporary or final) for the Premises has been issued by the appropriate governmental entity, and (iii) the identified construction to be provided by Landlord, as set forth in the Lease Improvement Agreement has been completed, with the exception of the Punch List Items. Landlord shall provide Tenant with not less than sixty (60) days prior written notice of the anticipated date that the Premises shall be Substantially Complete. Tenant shall be permitted sixty (60) days early occupancy prior to the Commencement Date to set up telecommunication equipment and panelized furnishings, to move in Tenant’s furniture, fixtures and equipment, and to otherwise prepare the Premises for Tenant’s use and occupancy, provided Tenant does not interfere or impede Landlord in construction of tenant improvements, and provided further that evidence of insurance as hereinafter required is delivered to Landlord prior to occupancy. Landlord shall Substantially Complete the Premises by the Scheduled Lease Commencement Date as set forth in the Basic Lease Information, plus extensions thereto equal to the durations of (i) any delays beyond the reasonable control of Landlord, such as acts of God, fire, earthquake, acts of a public enemy, riot, insurrection, unavailability of materials, governmental restrictions on the sale of materials or supplies or on the transportation of such materials or supplies, governmental delay in issuing permits, approvals, and inspections, strike or shortages directly affecting construction or transportation of materials or supplies, shortages of materials or labor resulting from government controls, weather conditions, or any other cause or events beyond the reasonable control of Landlord, provided that Landlord has advised Tenant in writing of such causes or events, within a reasonable period of time after learning of the same, and Landlord has used reasonable efforts to minimize the delay occasioned thereby (collectively, “Force Majeure Event”), or (ii) Tenant Delays caused by or attributable to the Tenant (“Tenant Delays”) (as defined in Section 6.1 of the Lease Improvement Agreement). The parties agree that if Landlord is unable to Substantially Complete the Premises by the Scheduled Lease Commencement Date, plus any extension thereto pursuant to this Section, this Lease shall not be void or voidable (except as expressly provided in this Section 4 below), nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom, and the expiration date of the Term of this Lease shall be extended for such delay; but in such event, Tenant shall not be liable for any Rent until the day that is the first day of the seventh (7th) month following the Commencement Date; provided, however if such delays were caused or attributable to Tenant, Rent shall commence as of the day that is the first day of the seventh (7th) month following the date that the Commencement Date would have occurred but for Tenant Delays.

Term and Possession. (a) Subject to and upon the terms and conditions set forth herein, the Term of this Lease shall be for the period specified in the Basic Lease Information, commencing upon the earlier of the following dates (the “Scheduled Lease Commencement Date”): (i) the date on which the Premises are Substantially Complete (as defined below); (ii) the date on which the Premises would have been Substantially Complete had there been no tenant Delays (as defined in Section 6.1 of delays caused by or attributable to the Lease Improvement Agreement)Tenant; or (iii) the date upon which the Tenant takes possession of the Premises in order to conduct its business operations therein, with the Landlord’s written consent, provided, however, that in no event . Landlord shall give Tenant be obligated forty-five (45) days prior written notice as to accept a when the Scheduled Lease Commencement Date prior to July 15, 2002shall occur. Within thirty (30) days after the Commencement Date, Landlord and Tenant shall execute an amendment to this Lease (“First Amendment to Lease and Acknowledgment”) setting forth the Lease Commencement Date and the expiration date of the term of the Lease, which shall be in the form attached hereto as Exhibit C. For purposes of the foregoing, the Premises shall be deemed to be “Substantially Complete” when (i) Tenant is tendered direct access to the Premises with building services (sanitary sewer, public water, electrical, elevator, HVAC service and fire suppression services operational) ready to be furnished to the Premises, and (ii) a certificate of occupancy (temporary or final) for the Premises has been issued by the appropriate governmental entity, and (iii) the identified construction to be provided by Landlord, as set forth in the Lease Tenant Improvement Agreement has been completed, with the exception of the Punch List Items. Landlord shall provide Tenant with not less than sixty thirty (6030) days prior written notice of the anticipated date that the Premises shall be Substantially Complete. Tenant shall be permitted sixty (60) days early occupancy access to the Premises prior to the Commencement Date to set up telecommunication equipment perform construction relating to the installation of telephone, computers, data/phone cabling, furniture and panelized furnishings, to move in Tenant’s furniture, special fixtures and equipment, and to otherwise prepare the Premises for Tenant’s use and occupancynot installed by Landlord, provided Tenant does not interfere or impede Landlord in construction of tenant improvements, and provided further that evidence of insurance as hereinafter required is delivered to Landlord prior to occupancy. Landlord shall Substantially Complete the Premises by the Scheduled Lease Commencement Date as set forth in the Basic Lease Information, plus extensions thereto equal to the durations of (i) any delays beyond the reasonable control of Landlord, such as acts of God, fire, earthquake, acts of a public enemy, riot, insurrection, unavailability of materials, governmental delays in issuing permits, approvals or inspections, governmental restrictions on the sale of materials or supplies or on the transportation of such materials or supplies, governmental delay in issuing permits, approvals, and inspections, strike or shortages directly affecting construction or transportation of materials or supplies, shortages of materials or labor resulting from government controls, weather conditions, or any other cause or events beyond the reasonable control of Landlord, provided that Landlord has advised Tenant in writing of such causes or events, within a reasonable period of time after learning of the same, and Landlord has used reasonable efforts to minimize the delay occasioned thereby (collectively, “Force Majeure Event”), or (ii) Tenant Delays delays caused by or attributable to the Tenant (“Tenant Delays”) (as defined in Section 6.1 of the Lease Improvement Agreement). The parties agree that if Landlord is unable to Substantially Complete the Premises by the Scheduled Lease Commencement Date, plus any extension thereto pursuant to this Section, this Lease shall not be void or voidable (except as expressly provided in this Section 4 below)voidable, nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom, and the expiration date of the Term of this Lease shall be extended for such delay; but in such event, Tenant shall not be liable for any Rent until the day that is the first day of the seventh (7th) month following the Lease Commencement Date; provided, however if such delays were caused or attributable to the Tenant, Rent shall commence as of the Scheduled Lease Commencement Date. Notwithstanding the foregoing, and provided that the Lease Agreement is fully executed by June 14, 2004, in the event Landlord is unable to Substantially Complete the Premises by December 22, 2004 for any reason (other than as a result of Tenant Delays). (i) Tenant shall receive two (2) rent free days for each day following December 22, 2004 that Landlord is unable to Substantially Complete the first day Premises and deliver possession to Tenant, and (ii) if Landlord’s failure to Substantially Complete the Premises continues for a period longer than sixty (60) days after the December 22, 2004 date. Tenant shall have the right to terminate this Lease without further liability and receive a full refund of the seventh Security Deposit (7thdefined below) month following upon written notice to that effect delivered to Landlord at any time after such sixty (60) day period and prior to the date that Landlord is able to Substantially Complete the Commencement Date would have occurred but for Tenant DelaysPremises and tender possession of the Premises to Tenant.

Term and Possession. (a) Subject to and upon the terms and conditions set forth herein, the Term 2.1 The term of this Lease shall be for commence on the period specified in date (the Basic Lease Information, commencing upon "Commencement Date") which is the earlier of the following dates (the “Commencement Date”): (ia) the date on which the Premises are Substantially Complete Landlord achieves Substantial Completion or (as defined below); (iib) the date on which the Premises March 31, 2000, provided that Landlord has achieved Substantial Completion, or would have been Substantially Complete had there been achieved Substantial Completion but for Tenant Delay or Force Majeure. In no tenant Delays (as defined in Section 6.1 of event shall the Lease Improvement Agreement); or (iii) the date upon which the Tenant takes possession of the Premises in order Commencement Date be prior to conduct its business operations thereinFebruary 1, with the Landlord’s written consent2000 nor later than March 31, provided2000, subject, however, that in no event shall Tenant be obligated to accept a Commencement Date prior to July 15, 2002. Within thirty delays caused by Force Majeure (30as hereinafter defined) days after the Commencement Date, Landlord and Tenant shall execute an amendment to this Lease Delay (“First Amendment to Lease and Acknowledgment”) setting forth the Commencement Date and the expiration date of the term of the Lease, which shall be in the form attached hereto as Exhibit C. hereinafter defined). For purposes of the foregoingpreceding provisions, the Premises shall be deemed substantially completed and "Substantial Completion" shall have occurred on the last to be “Substantially Complete” when occur of the following: (i1) the Landlord's obtaining a temporary or permanent Certificate Of Use And Occupancy (or equivalent) permitting the full use and occupancy of the Premises by Tenant is tendered direct as contemplated by Section 5, (2) building fire alarms, fire sprinklers, smoke detectors, exit lights, life safety equipment and other building code requirements having been installed and being operational, (3) the mechanical, electrical and plumbing services serving the Premises having been installed and in good working order and access to the Premises with building services is available, (sanitary sewer4) the Tenant Improvements (as hereinafter defined) being substantially completed as evidence by a written certification by the architect designing such improvements subject, public waterhowever, electricalto Punch List items (as hereinafter defined), elevatorso as to enable Tenant to move in and install its furniture, HVAC service fixtures, equipment and fire suppression services operational) ready to be furnished to the Premisesmachinery, and (ii) a certificate of occupancy (temporary or final) for the Premises has been issued by the appropriate governmental entity, and (iii5) the identified construction to be provided Parking Lot being accessible and useable by Landlord, Tenant as set forth in Section 1.3 above. If and to the Lease Improvement Agreement has been completed, extent compliance with the exception of the Punch List Items. Landlord shall provide conditions set forth above would have occurred earlier but for Tenant Delay, then compliance with not less than sixty (60) days prior written notice of the anticipated date that the Premises such conditions shall be Substantially Complete. Tenant shall be permitted sixty (60) days early occupancy prior deemed to the Commencement Date to set up telecommunication equipment and panelized furnishings, to move in Tenant’s furniture, fixtures and equipment, and to otherwise prepare the Premises for Tenant’s use and occupancy, provided Tenant does not interfere or impede Landlord in construction of tenant improvements, and provided further that evidence of insurance as hereinafter required is delivered to Landlord prior to occupancy. Landlord shall Substantially Complete the Premises by the Scheduled Lease Commencement Date as set forth in the Basic Lease Information, plus extensions thereto equal to the durations of (i) any delays beyond the reasonable control of Landlord, such as acts of God, fire, earthquake, acts of a public enemy, riot, insurrection, unavailability of materials, governmental restrictions have occurred on the sale of materials or supplies or day on the transportation of such materials or supplies, governmental delay in issuing permits, approvals, and inspections, strike or shortages directly affecting construction or transportation of materials or supplies, shortages of materials or labor resulting from government controls, weather conditions, or any other cause or events beyond the reasonable control of Landlord, provided that Landlord has advised Tenant in writing of such causes or events, within a reasonable period of time after learning of the same, and Landlord has used reasonable efforts to minimize the delay occasioned thereby (collectively, “Force Majeure Event”), or (ii) Tenant Delays caused by or attributable to the Tenant (“Tenant Delays”) (as defined in Section 6.1 of the Lease Improvement Agreement). The parties agree that if Landlord is unable to Substantially Complete the Premises by the Scheduled Lease Commencement Date, plus any extension thereto pursuant to this Section, this Lease shall not be void or voidable (except as expressly provided in this Section 4 below), nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom, and the expiration date of the Term of this Lease shall be extended for such delay; but in such event, Tenant shall not be liable for any Rent until the day that is the first day of the seventh (7th) month following the Commencement Date; provided, however if such delays were caused or attributable to Tenant, Rent shall commence as of the day that is the first day of the seventh (7th) month following the date that the Commencement Date which it would have occurred but for such Tenant DelaysDelay (i.e., Substantial Completion would be accelerated on a day-for-day basis for each day of Tenant Delay).

Term and Possession. (a) Subject to and upon the terms and conditions set forth herein, the Term of this Lease shall be for the period specified in the Basic Lease Information, commencing upon the earlier of the following dates (the “"Commencement Date”"): (i) the date on which the Premises are Substantially Complete (as defined below); (ii) the date on which the Premises would have been Substantially Complete had there been no tenant Delays (as defined in Section 6.1 of delays caused by or attributable to the Lease Improvement Agreement)Tenant; or (iii) the date upon which the Tenant takes possession of the Premises in order to conduct its business operations therein, with the Landlord’s 's written consent, provided, however, that in no event shall Tenant be obligated to accept a Commencement Date prior to July 15, 2002. Within thirty (30) days after the Commencement Date, Landlord and Tenant shall execute an amendment to this Lease (“"First Amendment to Lease and Acknowledgment”") setting forth the Commencement Date and the expiration date of the term of the Lease, which shall be in the form attached hereto as Exhibit C. For purposes of the foregoing, the Premises shall be deemed to be “"Substantially Complete” " when (i) Tenant is tendered direct access to the Premises with building services (sanitary sewer, public water, electrical, elevator, HVAC service and fire suppression services operational) ready to be furnished to the Premises, and (ii) a certificate of occupancy (temporary or final) for the Premises has been issued by the appropriate governmental entity, and (iii) the identified all construction to be provided by Landlord, as set forth in the Lease Improvement Work Letter Agreement has been completed, with the exception of the Punch List Items. Landlord shall provide Tenant with not less than sixty (60) days prior written notice of the anticipated date that the Premises shall be Substantially Complete. Tenant shall be permitted sixty (60) days early occupancy prior to the Commencement Date to set up telecommunication equipment and panelized furnishings, to move in Tenant’s furniture, fixtures and equipment, and to otherwise prepare the Premises for Tenant’s use and occupancy, provided Tenant does not interfere or impede Landlord in construction of tenant improvements, and provided further that evidence of insurance as hereinafter required is delivered to Landlord prior to occupancy. Landlord shall Substantially Complete the Premises by the Scheduled Lease Commencement Date Completion Deadline as set forth in the Basic Lease Information, plus extensions thereto equal to the durations of (i) any delays beyond the reasonable control of Landlord, such as acts of God, fire, earthquake, acts of a public enemy, riot, insurrection, unavailability of materials, governmental restrictions on the sale of materials or supplies or on the transportation of such materials or supplies, governmental delay in issuing permits, approvals, and inspections, strike or shortages directly affecting construction or transportation of materials or supplies, shortages of materials or labor resulting from government controls, weather conditions, or any other cause or events beyond the reasonable control of Landlord, provided that Landlord has advised Tenant in writing of such causes or events, within a reasonable period of time after learning of the same, and Landlord has used reasonable efforts to minimize the delay occasioned thereby (collectively, “"Force Majeure Event”"), or (ii) Tenant Delays delays caused by or attributable to the Tenant (“Tenant Delays”) (as defined in Section 6.1 of the Lease Improvement Agreement)Tenant. The parties agree that if Landlord is unable to Substantially Complete the Premises by the Scheduled Lease Commencement DateCompletion Deadline, plus any extension thereto pursuant to this Section, this Lease shall not be void or voidable (except as expressly provided in this Section 4 below)voidable, nor but Tenant shall Landlord be liable to Tenant receive a credit of two days of free rent for any loss or damage resulting therefrom, each day of delay and the expiration date of the Term of this Lease shall be extended for such delay; but in such event, Tenant shall not be liable for any Rent until the day that is the first day of the seventh (7th) month following the Commencement Date; provided, however if such delays were caused or attributable to Tenant, Rent shall commence as of the day that is scheduled Completion Deadline. Notwithstanding the first day foregoing, if the Premises are not substantially completed within ninety (90) days of the seventh Completion Deadline (7thexcluding and Tenant Delays or Force Majeure Events), Tenant shall have the option to complete the Premises and deduct such completion costs from the Rent (plus interest) month following until fully reimbursed or Tenant shall have the date that right, but not the Commencement Date would have occurred but for Tenant Delaysobligation, to terminate the Lease in accordance with the terms upon five (5) business days prior written notice, and the parties shall thereafter be relieved of any further obligations, or liability under this Lease, except as otherwise provided herein.

Term and Possession. (a) Subject to and upon the terms and conditions set forth herein, the Term of this Lease shall be for the period specified in the Basic Lease Information, commencing upon the earlier of the following dates (the ““ Commencement Date”): (i) the date on which the Premises are Substantially Complete (as defined below); (ii) the date on which the Premises would have been Substantially Complete had there been no tenant Tenant Delays (as defined in Section 6.1 of the Lease Improvement Agreement); or (iii) the date upon which the Tenant takes possession of the Premises in order to conduct its business operations therein, with the Landlord’s written consent, provided, however, that in no event shall Tenant be obligated to accept a Commencement Date prior to July 15, 200215,2002. Within thirty (30) days after the Commencement Date, Landlord and Tenant shall execute an amendment to this Lease (“First Amendment to Lease and Acknowledgment”) setting forth the Commencement Date and the expiration date of the term of the Lease, which shall be in the form attached hereto as Exhibit C. For purposes of the foregoing, the Premises shall be deemed to be “Substantially Complete” when (i) Tenant is tendered direct access to the Premises with building services (sanitary sewer, public water, electrical, elevator, HVAC service and fire suppression services operational) ready to be furnished to the Premises, and (ii) a certificate of occupancy (temporary or final) for the Premises has been issued by the appropriate governmental entity, and (iii) the identified construction to be provided by Landlord, as set forth in the Lease Improvement Agreement has been completed, with the exception of the Punch List Items. Landlord shall provide Tenant with not less than sixty (60) days prior written notice of the anticipated date that the Premises shall be Substantially Complete. Tenant shall be permitted sixty (60) days early occupancy prior to the Commencement Date to set up telecommunication equipment and panelized furnishings, to move in Tenant’s furniture, fixtures and equipment, and to otherwise prepare the Premises for Tenant’s use and occupancy, provided Tenant does not interfere or impede Landlord in construction of tenant improvements, and provided further that evidence of insurance as hereinafter required is delivered to Landlord prior to occupancy. Landlord shall Substantially Complete the Premises by the Scheduled Lease Commencement Date as set forth in the Basic Lease Information, plus extensions thereto equal to the durations of (i) any delays beyond the reasonable control of Landlord, such as acts of God, fire, earthquake, acts of a public enemy, riot, insurrection, unavailability of materials, governmental restrictions on the sale of materials or supplies or on the transportation of such materials or supplies, governmental delay in issuing permits, approvals, and inspections, strike or shortages directly affecting construction or transportation of materials or supplies, shortages of materials or labor resulting from government controls, weather conditions, or any other cause or events beyond the reasonable control of Landlord, provided that Landlord has advised Tenant in writing of such causes or events, within a reasonable period of time after learning of the same, and Landlord has used reasonable efforts to minimize the delay occasioned thereby (collectively, “Force Majeure Event”), or (ii) Tenant Delays caused by or attributable to the Tenant (“Tenant Delays”) (as defined in Section 6.1 of the Lease Improvement Agreement). The parties agree that if Landlord is unable to Substantially Complete the Premises by the Scheduled Lease Commencement Date, plus any extension thereto pursuant to this Section, this Lease shall not be void or voidable (except as expressly provided in this Section 4 below), nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom, and the expiration date of the Term of this Lease shall be extended for such delay; but in such event, Tenant shall not be liable for any Rent until the day that is the first day of the seventh (7th) month following the Commencement Date; provided, however if such delays were caused or attributable to Tenant, Rent shall commence as of the day that is the first day of the seventh (7th) month following the date that the Commencement Date would have occurred but for Tenant Delays.