Common use of TERM; POSSESSION Clause in Contracts

TERM; POSSESSION. The term of this Lease (the “Term”) shall commence on the Commencement Date as described below and, unless sooner terminated, shall expire on the Expiration Date set forth in the Basic Lease Information (the “Expiration Date”). The “Commencement Date” shall be the earlier of (a) the date on which Landlord tenders possession of the Premises to Tenant, with all of Landlord’s construction obligations, if any, “Substantially Completed” as provided in the Construction Rider attached as Exhibit B (the “Construction Rider”) or, in the event of any “Tenant Delay,” as defined in the Construction Rider, the date on which Landlord could have done so had there been no such Tenant Delay; or (b) the date upon which Tenant, with Landlord’s written permission, actually occupies and conducts business in any portion of the Premises. The parties anticipate that the Commencement Date will occur on or about the Scheduled Commencement Date set forth in the Basic Lease Information (the “Scheduled Commencement Date”). Landlord shall pay Tenant’s hold-over charges if the Premises are not Substantially Completed within seventy-five (75) days after Lease execution, provided, however, that Landlord shall not be liable for any other claims, damages or liabilities if the Premises are not ready for occupancy by the Scheduled Commencement Date. When the Commencement Date has been established, Landlord and Tenant shall at the request of either party confirm the Commencement Date and Expiration Date in writing.

TERM; POSSESSION. The term of this Lease (the “Term”) Term shall commence on the Commencement Date as described below andand ---------------- shall expire, unless if not sooner terminatedterminated pursuant to the provisions of this Lease, shall expire on the Expiration Date set forth Date. On the Commencement Date, the Premises and Equipment Space are accepted by Tenant in "as is" condition and configuration (subject to the Basic Lease Information (completion of the “Expiration Date”Landlord Work). The “Commencement Date” shall be the earlier of (a) the date on which Landlord tenders By taking possession of the Premises to Tenantand Equipment Space, with all of Landlord’s construction obligationsTenant agrees that the Premises and Equipment Space are in good order and satisfactory condition, if any, “Substantially Completed” as provided in and that there are no representations or warranties by Landlord regarding the Construction Rider attached as Exhibit B (the “Construction Rider”) or, in the event of any “Tenant Delay,” as defined in the Construction Rider, the date on which Landlord could have done so had there been no such Tenant Delay; or (b) the date upon which Tenant, with Landlord’s written permission, actually occupies and conducts business in any portion condition of the Premises, Equipment Space or the Building except as may be expressly set forth herein. The parties anticipate that If Landlord is delayed in delivering possession of the Premises and Equipment Space or any other space, Landlord shall use reasonable efforts to obtain possession of the space, but no such delay shall nullify this Lease or give rise to any claim for damages on the part of Tenant. If Tenant takes possession of the Premises or Equipment Space before the Commencement Date, such possession shall be subject to the terms and conditions of this Lease except that, prior to the Rent Commencement Date, Tenant will not be required to pay Rent hereunder. Notwithstanding the foregoing, if the Commencement Date will does not occur on by the date that is one hundred fifty (150) days following the mutual execution and delivery of this Lease (the "Outside Delivery Date"), Tenant, as its sole remedy, may terminate this Lease by giving Landlord written notice of termination after the Outside Delivery Date. In such event, and subject to the provisions set forth below in this Article 3, this Lease shall be deemed null and void and of no further force and effect and Landlord shall promptly refund any prepaid Rent and Security Deposit previously advanced by Tenant under this Lease and the parties hereto shall have no further responsibilities or about obligations to each other with respect to this Lease. Landlord and Tenant acknowledge and agree that the Scheduled Outside Delivery Date shall be postponed by the number of days the Commencement Date is delayed due to events of Force Majeure (as defined herein). Notwithstanding the foregoing to the contrary, if Tenant exercises its right to terminate this Lease as set forth above but Landlord delivers the Premises to Tenant in the Basic condition required by this Lease Information within thirty (the “Scheduled Commencement Date”). Landlord shall pay Tenant’s hold-over charges if the Premises are not Substantially Completed within seventy-five (7530) days after the date of Tenant's delivery of Tenant's termination notice, this Lease executionshall continue in full force and effect the same as if Tenant had not delivered its termination notice, provided, however, that Landlord and Tenant's termination notice will be null and void. Tenant's right to terminate as described herein shall not be liable for any other claims, damages or liabilities if null and void as of the Premises are not ready for occupancy by the Scheduled Commencement Date. When the Commencement Date has been established, Landlord and Tenant shall at the request of either party confirm the Commencement Date and Expiration Date in writing.

TERM; POSSESSION. The term of this Lease (the “Term”"TERM") shall commence on the Commencement Date as described below and, unless sooner terminated, shall expire on the Expiration Date set forth in the Basic Lease Information (the “Expiration Date”"EXPIRATION DATE"). The “Commencement Date” "COMMENCEMENT DATE" shall be the earlier of (a) the date on which Landlord tenders possession of the Premises to Tenant, with all of Landlord’s 's construction obligations, if any, “Substantially Completed” "SUBSTANTIALLY COMPLETED" as provided in the Construction Rider attached as Exhibit B (the “Construction Rider”) "CONSTRUCTION RIDER"), or, in the event of any “Tenant Delay"TENANT DELAY,” " as defined in the Construction Rider, the date on which Landlord could have done so had there been no such Tenant Delay; or (b) the date upon which Tenant, with Landlord’s 's written permission, actually occupies and conducts business in any portion of the Premises. The parties anticipate ; provided, however, that in no event shall the Commencement Date will occur on or about any earlier than the Scheduled Commencement Date set forth in the Basic Lease Information (the “Scheduled Commencement Date”"SCHEDULED COMMENCEMENT DATE"). Landlord shall pay Tenant’s hold-over charges if the Premises are not Substantially Completed within seventy-five (75) days after Lease execution, providedLandlord, however, that Landlord shall not be liable for any other claims, damages or liabilities if the Premises are not ready for occupancy by the Scheduled Commencement Date. Tenant understands and agrees that a substantial portion of the Premises are currently occupied by another tenant (the "EXISTING TENANT"). Landlord agrees to use its good faith efforts to regain possession of such portion of the Premises from the Existing Tenant, and deliver possession of the Premises to Tenant on or before the Scheduled Commencement Date. Notwithstanding any provision contained herein to the contrary, Landlord shall not be obligated to pay any consideration to the Existing Tenant in order to gain possession of the Premises. If, despite Landlord's good faith efforts, Landlord is unable to deliver possession of the Premises to Tenant on or before March 1, 1999, Landlord or Tenant shall each have the right to terminate this Lease by providing written notice of termination to the other, within thirty (30) days after such date, and this Lease shall be of no further force and effect. Such right of termination shall constitute Tenant's sole remedy for Landlord's failure to deliver possession of the Premises to Tenant. Notwithstanding the foregoing, if Landlord tenders possession of the Premises to Tenant, and Tenant accepts possession thereof, after March 1, 1999, then the right of Landlord and Tenant to terminate this Lease pursuant to this paragraph shall become void. When the Commencement Date has been established, Landlord and Tenant shall at the request of either party confirm the Commencement Date and Expiration Date in writing.

TERM; POSSESSION. The term of this Lease (the “Term”) shall commence on the Commencement Date as described below and, unless sooner terminated, shall expire on the Expiration Date set forth in the Basic Lease Information date (the “Expiration Commencement Date”). The “Commencement Date” shall be ) which is the earlier later of (aA) the Scheduled Commencement Date or (B) the date on by which all of the following have occurred (1) Landlord tenders possession of the Premises to TenantTenant in good, vacant broom clean condition, with all building systems in good working order and, with all of Landlord’s construction obligations, if any, “Substantially Completed” as provided in the Construction Rider attached as Exhibit B (the “Construction RiderA”) or, in the event of any “Tenant Delay,” as defined in the Construction Rider, the date on which Landlord could have done so had there been no such Tenant Delay; or (b) the date upon which Tenant, with Landlord’s written permission, actually occupies and conducts business in any portion of the Premises. The parties anticipate that the Commencement Date will occur on or about the Scheduled Commencement Date set forth in Section 2(e) above. The term of this Lease shall end on the Basic Lease Information (the “Scheduled Commencement Date”)Expiration Date set forth in Section 2(e) above. Landlord shall pay Tenant’s hold-over charges if If Landlord, for any reason whatsoever, cannot deliver possession of the Premises are not Substantially Completed within seventy-five (75) days after Lease execution, provided, however, that Landlord shall not be liable for any other claims, damages or liabilities if the Premises are not ready for occupancy by 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, but in that event no rent shall be payable until the date on which Landlord delivers possession. When The Rent payable by Tenant under this Lease shall not commence until the Rent Commencement Date (as defined below). In addition, notwithstanding the foregoing, if the Commencement Date (as the same may be extended for Tenant Delays (as provided below)) has been establishednot occurred on or before the Scheduled Commencement Date, Landlord and Tenant shall at then the request of either party confirm the Rent Commencement Date and Expiration Date in writingshall be delayed by one day beyond the date it would have otherwise.

TERM; POSSESSION. The term of this Lease (the “Term”) shall commence on the Commencement Date as described below set forth in the Basic Lease Information (the “Commencement Date”) and, unless sooner terminated, shall expire on the Expiration Date set forth in the Basic Lease Information (the “Expiration Date”). The “Commencement Date” shall be the earlier of (a) the date on which Landlord tenders possession of the Premises to Tenant, with all of Landlord’s construction obligations, if any, “Substantially Completed” as provided in the Construction Rider attached as Exhibit B (the “Construction Rider”) or, in the event of any “Tenant Delay,” as defined in the Construction Rider, the date on which Landlord could have done so had there been no such Tenant Delay; or (b) the date upon which Tenant, with Landlord’s written permission, actually occupies and conducts business in any portion of the Premises. The parties anticipate that the Commencement Date will occur on or about the Scheduled Commencement Date set forth in the Basic Lease Information (the “Scheduled Commencement Date”). Landlord shall pay Tenant’s hold-over charges if the Premises are not Substantially Completed within seventy-five (75) days after Lease execution, provided, however, that Landlord shall not be liable for any other claims, damages or liabilities if the Premises are not ready for occupancy by the Scheduled Commencement Date. When Tenant is currently in possession of the first, second and fourth floors of the Premises pursuant to the terms of two leases, specifically (1) that certain Lease dated September [sic] 2003, between Landlord’s predecessor in interest, 00 Xxxxxxx Xxxxxxxxx Limited Partnership, a California limited partnership, and Tenant, as amended by that certain First Amendment dated July 26, 2006, that certain Letter amending Lease dated December 19, 2005, and that certain Monument Signage Letter Agreement dated April 12, 2007, with respect to the first and second floors of the Premises, and (2) that certain Lease dated July 26, 2006, between Landlord’s predecessor in interest, 00 Xxxxxxx Xxxxxxxxx Limited Partnership, a California limited partnership, and Tenant, as amended by that certain Monument Signage letter Agreement dated April 12, 2007, with respect to the fourth floor of the Premises, (collectively, the “Existing Leases”), each of which Existing Leases shall expire by their own terms on December 31, 2016. Tenant shall continue to pay Base Rent and Additional Rent for the first, second and fourth floors of the Premises pursuant to the Existing Leases until the Commencement Date has been establishedof this Lease. As of the date hereof, Landlord and Tenant shall at be deemed to have accepted possession of the request first, second and fourth floors of either party confirm the Premises in their “as is” condition and configuration pursuant to this Lease. Tenant agrees that the Premises are in good order and satisfactory condition, and that there are no representations or warranties by Landlord regarding the condition of the Premises or the Building. Subject to the provisions of Exhibit B Construction Rider, and provided that Tenant has delivered the insurance certificates called for in Section 11.1 (e) – Certificates of Insurance, and given Landlord written notice prior to entry, Tenant shall have access to the seventh floor of the Premises during normal Business Hours (“Early Access”), commencing as of the execution and delivery of this Lease to Landlord in order to commence construction of the Tenant Improvements specified in Exhibit B Construction Rider and to install Tenant’s furniture, fixtures and equipment, data information systems, security systems, computer and telephone cabling, computers and related office equipment and for the permitted Use. During such Early Access Tenant shall not be obligated to pay Base Rent or Additional Rent prior to the Commencement Date and Expiration Date in writingDate.

TERM; POSSESSION. 2.1 The term of this Lease (the “Term”) shall commence on the Commencement Date as described below and, unless sooner terminated, shall expire on the Expiration Date set forth in the Basic Lease Information (the The “Expiration Date”). The “Commencement Date” shall be the Rent Commencement Date (as that term is defined below) with respect to the last floor of the Premises delivered by Landlord to Tenant. The parties anticipate that the Commencement Date will occur on or about February 8, 2003 (the “Scheduled Commencement Date”); provided, however, that Landlord shall not be liable for any claims, damages or liabilities if the Premises are not ready for occupancy by the Scheduled Commencement Date. If the Premises are not delivered by the Landlord to Tenant, with all of Landlord’s Work substantially complete by May 8, 2003 (“Outside Substantial Completion Date”), subject to the force majeure (not to exceed 180 days) or any Tenant Delay (as that term is hereinafter defined). Tenant shall have the right to terminate this Lease giving Landlord written notice at any time after the Substantial Completion Deadline and prior to substantial completion of Landlord’s Work, in which case this Lease will be terminated. Landlord and Tenant acknowledge and agree that Landlord shall deliver to Tenant the Premises in increments of two (2) floors every 30-45 days in the condition required by Exhibit F attached hereto. Notwithstanding anything to the contrary contained herein, all of the terms and conditions of this Lease shall apply to the floors of the Premises delivered to Tenant prior to Commencement Date; and the rent commencement date (the “Rent Commencement Date”) with respect to each floor delivered to Tenant shall be the earlier of (a) one hundred twenty (120) days after the date on which Landlord tenders possession of such floor of the Premises to Tenant, Tenant with all of Landlord’s construction obligations, if any, “Work therein Substantially Completed” as provided in the Construction Rider attached as Exhibit B (the “Construction Rider”) or, in the event of any “Tenant Delay,” as defined in the Construction Rider, Complete or the date on which Landlord could such floor would have done so had there been no such Substantially Complete but for Tenant Delay; Delays, or (b) the date upon which Tenant, with Landlord’s written permission, actually occupies and conducts business in any portion on such floor(s) of the Premises. The parties anticipate Tenant shall pay to Landlord Base Rent and Additional Rent with respect to any such floor(s) of the Premises commencing on the Rent Commencement Date with respect to such floor(s) of the Premises. Landlord and Tenant acknowledge and agree that certain rent and other obligations may commence earlier than the Commencement Date will occur Date, on or about the Scheduled Commencement Date set forth in the Basic Lease Information (the “Scheduled Commencement Date”). Landlord shall pay Tenant’s hold-over charges if a phased basis, as floors within the Premises are not Substantially Completed within seventy-five (75) days after Lease executiondelivered to Tenant, providedall as provided above. However, howeverfor purposes of determining the Term and the first and subsequent lease years, that Landlord there shall not be liable for any other claims, damages or liabilities if the Premises are not ready for occupancy by the Scheduled a single Commencement Date, determined as provided above, with respect to the Building. When Promptly after the Rent Commencement Date has been establishedwith respect to each floor is ascertained, Landlord and Tenant shall at execute, in recordable form, a written declaration setting forth the request of either party confirm Rent Commencement Date for such floor. Promptly after the Commencement Date with respect to this Lease, Landlord and Expiration Tenant shall confirm such Commencement Date in writing.writing in the form of the Commencement Date Agreement attached hereto as Exhibit C. “

TERM; POSSESSION. The term of this Lease (the “"Term”") shall be approximately one hundred twenty (120) months commencing on or about February 21, 2000 (the "Target Commencement Date"), subject to the provisions of Paragraphs 2 and 27, and ending on the last day of the one hundred twentieth (120th) calendar month thereafter, unless sooner terminated or extended as herein provided. Notwithstanding the Target Commencement Date, the Term will commence on the Commencement Date as described below andthird business day ("Substantial Completion") after issuance of both (a) a ---- temporary certificate of occupancy for Landlord's Work, unless sooner terminatedand (b) the Project Architect's certification that Landlord's Work has been completed substantially in accordance with the Plans so that Tenant will be able to use the Premises for the intended purpose, shall expire on excepting only (i) Tenant's Work (including but not limited to the Expiration Date set forth in kitchen and the Basic Lease Information modular furniture) and (ii) kitchen-related mechanical, plumbing and electrical work and finishes ("Landlord's Kitchen Work") and Punchlist Items, the “Expiration Date”). The “Commencement Date” first of which shall be the earlier obligation of Tenant and the second of which shall remain the obligation of Landlord. Landlord's Work shall mean the work to be done by Landlord shown on the Plans, excepting Tenant's Work. Tenant's Work shall mean the work to be done by Tenant described in Exhibit B. Landlord shall give Tenant sixty (60) days' prior written notice of Landlord's best estimate of the expected date of Substantial Completion of Landlord's Work. The temporary certificate of occupancy and the Project Architect's certification for Landlord's Work may contain stipulations and conditions to be fulfilled by Landlord so long as they do not materially interfere with Tenant's actual occupancy of the Premises and Tenant shall be able to use the Premises (including required parking) for the purposes contemplated by this Lease, which initially shall mean commencement of Tenant's Work, without material interference with Tenant's use and enjoyment of the Premises. Tenant shall take possession of the Premises no later than ten (10) business days after Substantial Completion. Landlord and Tenant shall execute a written statement specifying (a) the commencement date on which of the Term and (b) the termination date of the Term prior to Tenant's taking possession of the Premises. If Substantial Completion does not occur by the Target Commencement Date for any reason other than Tenant's default under this Lease, Landlord tenders shall continue to use due diligence to complete construction and to deliver possession of the Premises to Tenant, with all of Landlord’s construction obligations, if any, “Substantially Completed” as provided . Notwithstanding any provision in this Lease to the Construction Rider attached as Exhibit B (the “Construction Rider”) or, in the event of any “Tenant Delay,” as defined in the Construction Rider, the date on which Landlord could have done so had there been no such Tenant Delay; or (b) the date upon which Tenant, with Landlord’s written permission, actually occupies and conducts business in any portion of the Premises. The parties anticipate that the Commencement Date will occur on or about the Scheduled Commencement Date set forth in the Basic Lease Information (the “Scheduled Commencement Date”). Landlord shall pay Tenant’s hold-over charges if the Premises are not Substantially Completed within seventy-five (75) days after Lease execution, provided, however, that Landlord shall not be liable for any other claims, damages or liabilities if the Premises are not ready for occupancy by the Scheduled Commencement Date. When the Commencement Date has been established, Landlord and Tenant shall at the request of either party confirm the Commencement Date and Expiration Date in writing.contrary:

TERM; POSSESSION. The term of this Lease (the “Term”) shall commence on the Commencement Date as described below and, unless sooner terminated, shall expire on the Expiration Date set forth in the Basic Lease Information (the “Expiration Date”). The “Commencement Date” shall be the earlier of (a) thirty (30) days after the date on which Landlord tenders possession of the Premises to Tenant, Tenant by written notice (after the Existing Tenant has vacated the Premises upon complete execution of a termination agreement with all the Existing Tenant pursuant to the provisions of Landlord’s construction obligations, if any, “Substantially Completed” as provided in the Construction Rider attached as Exhibit B (the “Construction Rider”) or, in the event of any “Tenant Delay,” as defined in the Construction Rider, the date on which Landlord could have done so had there been no such Tenant Delaynext succeeding paragraph); or (b) the date upon which Tenant, with Landlord’s written permission, actually occupies and conducts business in any portion of the Premises. The parties anticipate that the Commencement Date will occur on or about the Scheduled Commencement Date set forth in the Basic Lease Information (the “Scheduled Commencement Date”). Landlord shall pay Tenant’s hold-over charges if the Premises are not Substantially Completed within seventy-five (75) days after Lease execution, ; provided, however, that Landlord shall not be liable for any other claims, damages or liabilities if the Premises are not ready for occupancy by the Scheduled Commencement Date. When the Commencement Date has been established, Landlord and Tenant shall at the request of either party confirm the Commencement Date and Expiration Date in writing. Tenant understands and agrees that the Premises are currently leased by another tenant (the “Existing Tenant”). Landlord agrees to use its good faith efforts to negotiate a termination of lease with the Existing Tenant and to regain possession of the Premises from the Existing Tenant by June 22, 1998, and deliver possession of the Premises to Tenant on July 15, 1998. Notwithstanding any provision contained herein to the contrary, Landlord shall not be obligated to pay any consideration to the Existing Tenant in order to gain possession of the Premises. After Landlord and Tenant have completely executed this Lease, then upon the later of (a) the complete execution of a lease termination agreement by Landlord and the Existing Tenant, or (b) June 15, 1998, Tenant shall have access to the Premises for inspection of the Premises, subject to the terms of this Lease, including Tenant delivering to Landlord evidence of insurance required under this Lease, except that Tenant shall not be permitted to commence construction of Tenant Improvements in the Premises prior to the Commencement Date. Notwithstanding the foregoing, if Landlord has not delivered possession of the Premises to Tenant by October 14, 1998, Tenant shall have the right to terminate this Lease by written notice to Landlord, and upon any such termination by Tenant, Landlord promptly shall return to Tenant (i) all sums paid by Tenant to Landlord under this Lease and (ii) the Letter of Credit issued in favor of Landlord in connection with this Lease.

TERM; POSSESSION. The term of this Lease (the “"Lease Term”") shall be approximately seventy-two (72) months commencing on the eighty-fourth (84th) calendar day after the issuance of a building permit for the Tenant Improvements (the "Target Commencement Date"), subject to the provisions of this Paragraph 2, and of Paragraph 27, and ending on the last day of the seventy-second (72nd) calendar month thereafter, unless sooner terminated or extended as herein provided. Notwithstanding the Target Commencement Date, the Lease Term will commence on the Commencement Date tenth (10th) business day after Landlord notifies Tenant that a certificate of occupancy (or equivalent governmental approval of completion) has been issued for the Tenant Improvements (as described below anddefined in Paragraph 27) by the appropriate governmental agency, unless sooner terminated, shall expire on at which time the Expiration Date set forth in the Basic Lease Information (the “Expiration Date”)Premises will be deemed "ready for occupancy. The “Commencement Date” certificate of occupancy (or equivalent governmental approval of completion) may contain stipulations and conditions to be fulfilled by Landlord so long as it permits Tenant to take possession of the Premises and to use the Premises for the purposes contemplated by this Lease. Tenant shall take possession of the Premises no later than thirty (30) business days after Landlord notifies Tenant that a certificate of occupancy (or equivalent governmental approval of completion) has been issued. The Premises shall be considered "ready for occupancy" notwithstanding that punchlist items of a minor nature not interfering with Tenant's intended beneficial use of the earlier Premises exist. Landlord agrees to complete the punchlist items to Tenant's reasonable satisfaction at Landlord's sole expense within a period of time that is reasonable under the circumstances following the commencement date of the Lease Term. Landlord and Tenant shall execute a written statement specifying (a) the commencement date on which Landlord tenders possession of the Premises to Tenant, with all of Landlord’s construction obligations, if any, “Substantially Completed” as provided in the Construction Rider attached as Exhibit B (the “Construction Rider”) or, in the event of any “Tenant Delay,” as defined in the Construction Rider, the date on which Landlord could have done so had there been no such Tenant Delay; or Lease Term and (b) the termination date upon which of the Lease Term prior to Tenant, with Landlord’s written permission, actually occupies and conducts business in any portion 's taking possession of the Premises. The parties anticipate that the Commencement Date will occur on or about the Scheduled Commencement Date set forth in the Basic Lease Information (the “Scheduled Commencement Date”). Landlord shall pay Tenant’s hold-over charges if the Premises are not Substantially Completed within seventy-five (75) days after Lease execution, provided, however, that Landlord shall not be liable for any other claims, damages or liabilities if If the Premises are not ready for occupancy by the Scheduled Commencement Date. When Tenant on the Target Commencement Date has been establishedfor any reason other than Tenant's default under this Lease, Landlord shall continue to use due diligence to complete construction and Tenant shall at to deliver possession of the request of either party confirm Premises to Tenant. Notwithstanding any provision in this Lease to the Commencement Date and Expiration Date in writing.contrary:

TERM; POSSESSION. The term Term of this Lease (the “Term”) shall commence on the Commencement Date as described below and, unless sooner terminated, and shall expire end on the Expiration Date set forth Date, unless extended or sooner terminated in the Basic Lease Information (the “Expiration Date”)accordance with this Lease. The “Commencement Date” shall be the earlier If Landlord is delayed in delivering possession of (a) the date on which Landlord tenders possession all or any portion of the Premises to TenantTenant as of the Commencement Date, with all of Landlord’s construction obligations, if any, “Substantially Completed” as provided in the Construction Rider attached as Exhibit B (the “Construction Rider”) or, in the event of any “Tenant Delay,” as defined in the Construction Rider, will take possession on the date on Landlord delivers possession, which Landlord could have done so had there been no such Tenant Delay; or (b) the date upon which Tenant, with Landlord’s written permission, actually occupies and conducts business in any portion of the Premises. The parties anticipate that will then become the Commencement Date (and the Expiration Date will occur on or about be extended so that the Scheduled Commencement Date set forth in length of the Basic Lease Information (the “Scheduled Commencement Date”Term remains unaffected by such delay). Landlord shall pay Tenant’s hold-over charges if the Premises are not Substantially Completed within seventy-five (75) days after Lease executionSubject to this Section 4, provided, however, that Landlord shall not be liable for any loss or damage to Tenant resulting from any delay in delivering possession due to the holdover of any existing tenant or other claims, damages or liabilities if circumstances outside of Landlord’s reasonable control. In the event that the Tenant Improvements are not Substantially Completed within one hundred (100) days following the date that Landlord receives a building permit to commence the Tenant Improvements in the Premises are not ready (the “Delivery Date”), subject to Tenant Delay or force majeure (in the event of either, the Delivery Date shall be extended by one (1) day for occupancy each one (1) day of Tenant Delay or force majeure), Landlord shall credit Tenant against Minimum Annual Rent due under this Lease an amount equal to the holdover portion of Tenant’s existing rental obligations under Tenant’s existing Lease actually incurred by Tenant following the Scheduled Commencement Delivery Date, which Tenant represents to Landlord is equal to $17,031.13 per month. When Notwithstanding anything in this Lease to the contrary, if the Commencement Date has been establishednot occurred on or before one hundred ninety (190) days following the date that Landlord receives a building permit for the Tenant Improvements, Landlord and for any reason other than Tenant Delay or force majeure, then Tenant shall at have the request right to terminate this Lease by written notice to Landlord, as Tenant’s sole and exclusive remedy with respect to such delay, except as provided above, subject to Tenant giving Landlord thirty (30) days’ advance written notice of either party confirm the Commencement Date and Expiration Date its intention to terminate this Lease if Substantial Completion shall not occur within such thirty (30) day period, in writingwhich event all amounts prepaid or deposited by Tenant hereunder shall be promptly returned to Tenant.

TERM; POSSESSION. The term of this Lease (the “Term”"TERM") shall commence on the Commencement Date as described below and, unless sooner terminated, shall expire on the Expiration Date set forth in the Basic Lease Information (the “Expiration Date”"EXPIRATON DATE"). The “Commencement Date” "COMMENCEMENT DATE" shall be the earlier of (a) the date on which Landlord tenders possession of the Premises to Tenant, with all of has "Substantially Completed" Landlord’s 's construction obligations, if any, “Substantially Completed” as provided with respect to the improvements (the "TENANT IMPROVEMENTS") to be constructed and installed in the Construction Rider attached as Exhibit B Premises by Landlord (the “Construction Rider”) or, in the event of any “"Tenant Delay,” as defined in the Construction Rider, "the date on which Landlord could have done so had there been no such "Tenant Delay"), all as provided in the Construction Rider attached as Exhibit B (the --------- "CONSTRUCTION RIDER", and tendered possession of the Premises to Tenant; or (b) the any earlier date upon which Tenant, with Landlord’s Xxxxxxxx's written permission, actually occupies and conducts business in any portion of the Premises. The parties anticipate that the Commencement Date will occur on or about the Scheduled Commencement Date set forth in the Basic Lease Information (the “Scheduled Commencement Date”"SCHEDULED COMMENCEMENT DATE"). Landlord shall pay Tenant’s hold-over charges if the Premises are not Substantially Completed within seventy-five (75) days after Lease execution, provided, however, that Landlord shall not be liable for any other claims, damages or liabilities if the Premises are not ready for occupancy by the Scheduled Commencement Date. When the Commencement Date has been established, Landlord and Tenant shall at the request of either party confirm the Commencement Date and Expiration Date in writing. As used in this Lease, the first "LEASE YEAR" shall be the period from (and including) the Commencement Date through (and including) the last day of the calendar month in which the first anniversary of the Commencement Date falls, and each period of twelve full consecutive calendar months thereafter shall be a subsequent Lease Year.

TERM; POSSESSION. The term created by this Sublease shall be for a period commencing upon the earlier of occupancy or November 1, 2000 (the "Commencement Date”) and expiring on April 30, 2001 unless earlier terminated in accordance with the provisions of this Lease (Sublease or the “Term”) terms of the Master Lease. Sublessee shall commence on be entitled to possession of the Premises from and after the Commencement Date; provided however, that Sublessor shall not be liable for damages for the failure to deliver possession by said date but rental due hereunder shall be abated until the later of the Commencement Date or such time as described below and, unless sooner terminated, shall expire on the Expiration Date set forth in the Basic Lease Information (the “Expiration Date”). The “Commencement Date” shall be the earlier of (a) the date on which Landlord tenders Sublessor delivers possession of the Premises to TenantSublessee. Provided that the preconditions set forth in subparagraphs (i) through (iii) below have been satisfied, with all of Landlord’s construction obligations, if any, “Substantially Completed” as provided in Sublessee shall be entitled to occupy and use the Construction Rider attached as Exhibit B (the “Construction Rider”) or, in the event of any “Tenant Delay,” as defined in the Construction Rider, Premises from and after the date on which Landlord could have done so had there been no such Tenant Delay; or (b) the date upon which Tenant, with Landlord’s written permission, actually occupies of vacancy by Sublessor and conducts business in any portion of the Premises. The parties anticipate that prior to the Commencement Date will occur on or about for the Scheduled Commencement Date purpose of making certain improvements to the Premises as set forth in Section 17 hereof, which occupancy and use shall be on and subject to all of the Basic Lease Information (the “Scheduled Commencement Date”). Landlord shall pay Tenant’s hold-over charges if the Premises are not Substantially Completed within seventy-five (75) days after Lease executionterms and conditions set forth in this Sublease, provided, however, except that Landlord rental shall not be liable for any other claims, damages or liabilities if commence until the Premises are not ready for occupancy by the Scheduled Commencement Date. When Upon (i) the Commencement Date has been establishedfull execution and delivery of this Sublease by Sublessor Sublessee and Landlord (ii) Sublessee’ s delivery of the security deposit required hereunder; and (iii) Sublessor’ s receipt, Landlord review and Tenant approval of the insurance certificates required to be submitted by Sublessee hereunder; Sublessee shall at be entitled to occupy and use the request of either party confirm the Commencement Date and Expiration Date in writingPremises as aforesaid.

TERM; POSSESSION. The term Term of this Lease (the “Term”) shall commence on the Commencement Date as described below andand shall end at 11:59 p.m. on the last day of the Term (the “EXPIRATION DATE”), without the necessity for notice from either party, unless sooner terminatedterminated in accordance with the terms hereof. Subject to the Rent Abatement Period, the Rent Commencement Date shall expire commence on the Expiration Date set forth in the Basic Lease Information (the “Expiration Completion Date”). The “Commencement Date” shall be the earlier of (a) ; however, if the date of substantial completion is delayed by Tenant, the Rent Commencement Date shall commence as if the Premises were substantially complete on which Landlord tenders possession the Completion Date, as extended for reasons other than those caused by Tenant. However, if the delay in commencement is due to Tenant’s non-negligent or non-willful actions, the Term shall commence as if the Premises were substantially complete on the Completion Date, but if twelve (12) months after the Rent Commencement Date Tenant is still unable to occupy the Premises as a result of the Landlord’s failure to complete the Landlord’s Work, either Party may terminate this Agreement. Tenant’s occupancy of the Premises to Tenant, with all of Landlord’s construction obligations, if any, “Substantially Completed” as provided in the Construction Rider attached as Exhibit B (the “Construction Rider”) or, in the event of any “Tenant Delay,” as defined in the Construction Rider, the date on which Landlord could have done so had there been no such Tenant Delay; or (b) the date upon which Tenant, with Landlord’s written permission, actually occupies and conducts business in any portion of the Premises. The parties anticipate that the Commencement Date will occur on or about the Scheduled Commencement Date set forth in the Basic Lease Information (the “Scheduled Commencement Date”). Landlord shall pay constitute Tenant’s hold-over charges if acceptance of such work by Landlord. Tenant and its agents shall have the right, at Tenant’s own risk, expense and responsibility to enter the Premises are prior to the Completion Date for the purpose of taking measurements and installing its furnishings and equipment, provided that Tenant does not Substantially Completed within seventy-five (75) days after Lease execution, provided, however, that Landlord shall not interfere with or delay the work to be liable for any other claims, damages or liabilities if the Premises are not ready for occupancy performed by the Scheduled Commencement Date. When the Commencement Date has been established, Landlord and Tenant uses contractors and workers compatible with the contractors and workers engaged by Landlord. The applicable terms and provisions of this Lease shall at the request of either party confirm the Commencement Date and Expiration Date in writingapply to such early access.

TERM; POSSESSION. The term of this Lease (the “Term”"TERM") shall commence on the Commencement Date as described below and, unless sooner terminated, shall expire on the Expiration Date set forth in the Basic Lease Information (the “"Expiration Date”"). The “"Commencement Date” " shall be 14 days after Landlord delivers written notice to Tenant that the earlier of (a) the date on which Landlord tenders possession of the Premises to Tenant, with all of Landlord’s construction obligations, if any, “Substantially Completed” as provided in the Construction Rider attached as Exhibit B (the “Construction Rider”) or, in the event of any “Tenant Delay,” as defined in the Construction Rider, the date on which Landlord could have done so had there been no such Tenant Delay; or (b) the date upon which Tenant, with Landlord’s written permission, actually occupies and conducts business in any portion of prior tenant has vacated the Premises. The parties anticipate that Landlord shall notify Tenant in writing of the projected Commencement Date will occur on or about of the Scheduled Commencement Date set forth in the Basic Lease Information (the “Scheduled Commencement Date”)within 5 days of determining said date. Landlord shall pay Tenant’s hold-over charges also notify Tenant in writing within 5 days if the Premises are not Substantially Completed within seventy-five (75) days after Lease execution, provided, however, that Landlord shall not be liable for any other claims, damages or liabilities if the Premises are not ready for occupancy by the Scheduled said projected Commencement DateDate is changed. When the Commencement Date has been established, Landlord and Tenant shall at the request of either party confirm the Commencement Date and Expiration Date in writinga commencement letter in the form attached as Exhibit D. Landlord and Tenant further acknowledge and agree that the Commencement Date may occur, and Tenant's obligation to pay Base Rent (as defined in Section 3 below) and perform the other obligations of Tenant under this Lease may commence before the date Landlord has tendered possession of the Premises to Tenant with the Tenant Improvements Substantially Complete. For purposes hereof, the Tenant Improvements shall be deemed to be "Substantially Completed" when they have been completed in accordance with the Plans (as defined in Exhibit B attached hereto) except for finishing details, minor omissions, decorations and mechanical adjustments of the type normally found on an architectural "punch list". (The definition of Substantially Completed shall also define the terms "Substantially Complete" and "Substantial Completion"). Subject to Landlord's obligation, if any, to perform Tenant Improvements and Landlord's obligations under Section 6 hereof, the Premises are accepted by Tenant in "as is" condition and configuration. By taking possession of the Premises, Tenant agrees that the Premises are in good order and satisfactory condition, and that there are no representations or warranties by Landlord regarding the condition of the Premises or the Building. If Landlord is delayed delivering possession of the Premises, or any portion thereof, or any other space due to the holdover or unlawful possession of such space by any party, Landlord shall use reasonable efforts to obtain possession of the space. The Commencement Date shall be delayed to the extent that Landlord fails to deliver possession of the Premises for any reason including but not limited to, holding over by prior occupants. Any such delay in the Commencement Date shall not subject Landlord to any liability for any loss or damage resulting therefrom. If the Commencement Date is delayed, the Termination Date under the Lease shall not be similarly extended. Notwithstanding anything herein to the contrary, if the Tenant Improvements in the Premises are incomplete on the Commencement Date for any reason whatsoever (other than as a result of holding over by prior occupants, in which event the above paragraph shall control with respect to the period that Landlord is delayed in delivering the Premises as a consequence of such holdover), the Commencement Date shall not be postponed or delayed. Instead, Tenant acknowledges that the Tenant Improvements will be performed in the Premises during Business Hours subsequent to the Commencement Date. Landlord and Tenant agree to cooperate with each other in order to enable the Tenant Improvements to be performed by Landlord in a timely manner and with as little inconvenience to the operation of Tenant's business as is reasonably possible. Notwithstanding anything herein to the contrary, any delay in the completion of the Tenant Improvements or inconvenience suffered by Tenant during the performance of the Tenant Improvements shall not subject Landlord to any liability for any loss or damage resulting therefrom or entitle Tenant to any credit, abatement or adjustment of Base Rent or other sums payable under the Lease. Landlord shall proceed with due diligence to Substantially Complete the Tenant Improvements within a reasonable amount of time following the Commencement Date.

TERM; POSSESSION. The term of this Lease (the “"Term”") shall commence on the Commencement Date as described below and, unless sooner terminated, shall expire on the Expiration Date set forth in the Basic Lease Information (the “"Expiration Date”"). The “"Commencement Date” " shall be the earlier of (a) the later of (i) the date that is three hundred thirty (330) days after the date Landlord receives the Approvals (defined herein), or (ii) the date on which Landlord tenders possession of the Premises to Tenant, with all of Landlord’s 's construction obligations, if any, “"Substantially Completed” " as provided in the Construction Rider attached as Exhibit B (the “"Construction Rider”") or, in the event of any “"Tenant Delay,” " as defined in the Construction Rider, the date on which Landlord could have done so had there been no such Tenant Delay; or (b) the date upon which Tenant, with Landlord’s 's written permission, actually occupies and conducts business in any portion of the Premises. Landlord acknowledges that as of the date of Landlord's signature of this Lease, no Tenant Delay has occurred. The parties anticipate that the Commencement Date will occur on or about the Scheduled Commencement Date set forth in the Basic Lease Information (the “"Scheduled Commencement Date”"). Landlord shall pay Tenant’s hold-over charges if the Premises are not Substantially Completed within seventy-five (75) days after Lease execution, ; provided, however, that Landlord shall not be liable for any other claims, damages or liabilities except those specifically provided for in Section 2.1.1 if the Premises are not ready for occupancy by the Scheduled Commencement Date. When the Commencement Date has been established, Landlord and Tenant shall at the request of either party confirm the Commencement Date and Expiration Date in writing. Notwithstanding anything herein to the contrary, the parties acknowledge that Landlord has not received final approval of the Planned Unit Development for the Premises, and final approvals from the MPCA and watershed district with respect to the Premises (collectively, the "Approvals") and that to the extent that any delays in obtaining such Approvals delay Landlord's commencement or completion of construction of the Premises, then the time or deadline for all performances by Landlord set forth in this Lease and the Construction Rider (including without limitation, the Scheduled Commencement Date and the various deadlines set forth in Section 2.1.1) shall be extended one day for each day from and after September 15, 2007 through and including the date Landlord receives such Approvals. Landlord shall promptly notify Tenant in writing of the date Landlord obtains the Approvals and of any construction delays caused by delay in obtaining the Approvals. Upon request by either party, the parties agree to confirm the extension of any applicable time or deadline for performance by Landlord pursuant to a written Addendum to this Lease. Notwithstanding anything herein to the contrary, the parties hereby acknowledge and agree that if Landlord obtains the Approvals on October 5, 2007, then delays experienced by Landlord in obtaining the Approvals will cause the Scheduled Commencement Date to be delayed until September 5, 2008 and will similarly extend the time or deadlines for performance set forth in this Lease (including without limitation Section 2.1.1), by a period of twenty (20) days.

TERM; POSSESSION. (a) The term Term of this Lease (the “Term”) shall commence on the Commencement Date as described below andand shall end on the Expiration Date, unless sooner terminated, shall expire on the Expiration Date terminated in accordance with this Lease. Except as expressly set forth in the Basic Lease Information (the “Expiration Date”). The “Commencement Date” shall be the earlier of (a) the date on which Landlord tenders possession of the Premises to Tenantherein, with all of Landlord’s construction obligations, if any, “Substantially Completed” as provided in the Construction Rider attached as Exhibit B (the “Construction Rider”) or, in the event of any “Tenant Delay,” as defined in the Construction Rider, the date on which Landlord could have done so had there been no such Tenant Delay; or (b) the date upon which Tenant, with Landlord’s written permission, actually occupies and conducts business in any portion of the Premises. The parties anticipate that the Commencement Date will occur on or about the Scheduled Commencement Date set forth in the Basic Lease Information (the “Scheduled Commencement Date”). Landlord shall pay Tenant’s hold-over charges if the Premises are not Substantially Completed within seventy-five (75) days after Lease execution, provided, however, that Landlord shall not be liable for any loss or damage to Tenant resulting from any delay in delivering possession of the Premises and/or the Tenant Improvements due to any circumstances outside of Landlord's reasonable control, including, but not limited to (but only to the extent actually outside of Landlord's reasonable control), severe events of nature (including severe weather and flooding), labor disputes, industrial disputes or disturbances, civil disturbances, interruptions by government or court order, valid orders of any regulatory body having proper jurisdiction, wars, riots, inability to secure materials (including inability to secure materials by reason of allocations promulgated by authorized governmental agencies but not including any such inability to obtain materials due to cost), inability to obtain Permits, fires, explosions, breakage or accident to machinery ("Force Majeure"). (b) Tenant is currently party to that certain Standard Form Industrial Building Lease with The Hampshire Company (as successor-in-interest to First Industrial, L.P.) ("Existing Landlord") dated June 6, 2000 ("Existing Lease") for premises located at 0 Xxxxxxxxxx Xxxx, Xxxxxx Xxxx Township, Camden County, New Jersey ("Existing Premises"). Provided there exists no Event of Default and Landlord has failed to deliver the Tenant Improvements Substantially Completed on or before October 31, 2010, then Landlord shall reimburse Tenant for (A) the sum of the actual holdover base rent and additional rent imposed by Existing Landlord pursuant to the terms and conditions of the Existing Lease ("Actual Charges") less, as the case may be, either the sum of the "last prevailing" (as used in Section 20 of the Existing Lease) base rent and additional rent under the Existing Lease or the sum of the Minimum Annual Rent and Annual Operating Expenses under this Lease, on a day-for-day basis, as such is set forth in (i), (ii) or (iii) below (the result of these equations shall be referred to as the "Holdover Rent"); and (B) all damages required to be paid by Tenant pursuant to the terms of Section 20 of the Existing Lease solely by reason of Tenant's holdover in the Existing Premises and excluding all other claimsdefaults under the Existing Lease. Collectively, damages (A) and (B) are referred to as the "Holdover Expenses"). (i) With respect to any period between November 1, 2010 through January 31, 2011 (as applicable), the Holdover Expenses shall only be reimbursable as provided herein for such period(s) (on a day-for-day basis) to the extent attributable solely to delay caused by Landlord in delivering the Tenant Improvements Substantially Completed by October 31, 2010, and not to the extent attributable (in whole or liabilities in part) to any Tenant Delay or Force Majeure. For this period, the calculation of the Holdover Rent reimbursable by Landlord as provided herein shall be as follows: the sum of the Actual Charges less the sum of the "last prevailing" base rent and additional rent under the Existing Lease. (ii) With respect to any period between February 1, 2011 through February 28, 2011 (as applicable), the Holdover Expenses shall only be reimbursable as provided herein for such period(s) (on a day-for-day basis) to the extent attributable solely to delay caused by Landlord in delivering the Tenant Improvements Substantially Completed by January 31, 2011 and not to the extent attributable (in whole or in part) to any Tenant Delay or Force Majeure. For this period, the calculation of the Holdover Rent reimbursable by Landlord as provided herein shall be as follows: the sum of the Actual Charges less the sum of the Minimum Annual Rent and Annual Operating Expenses under this Lease. (iii) With respect to any period between March 1, 2011 through August 31, 2011 (as applicable), the Holdover Expenses shall only be reimbursable as provided herein for such period(s) (on a day-for-day basis) to the extent attributable solely to delay caused by Force Majeure and/or Landlord in delivering the Tenant Improvements Substantially Completed by February 28, 2011 and not to the extent attributable (in whole or in part) to any Tenant Delay. For this period, the calculation of the Holdover Rent reimbursable by Landlord as provided herein shall be as follows: the sum of the Actual Charges less the sum of the Minimum Annual Rent and Annual Operating Expenses under this Lease. (c) Within thirty (30) days of Tenant providing Landlord documentation of the proper Holdover Expenses reasonably acceptable to Landlord, Landlord shall reimburse Tenant such Holdover Expenses. Tenant agrees, upon Landlord's request, to use good faith efforts to negotiate with the Existing Landlord such extensions or amendments to the Existing Lease as may be necessary to avoid or reduce the Holdover Expenses. (d) (i) If the Tenant Improvements are not Substantially Completed on or before August 31, 2011, time being of the essence, as a result of Force Majeure or Landlord's delay (or a combination of Force Majeure and Landlord's delay) in delivering such Tenant Improvements Substantially Completed, and not attributable (in whole or in part) to Tenant Delay, Tenant or Landlord shall have the right to terminate this Lease on thirty (30) days' prior written notice to the other party. In the event that Tenant exercises its rights hereunder, such termination shall be void if the Premises Tenant Improvements are Substantially Completed by Landlord within such thirty (30)-day period. (ii) In the event that the Tenant Improvements are not ready Substantially Completed on or before August 31, 2011, time being of the essence, as a result of Tenant Delay (in whole or in part), and not as a result of Landlord delay or Force Majeure (or a combination of Landlord delay and Force Majeure), then Landlord shall have the right to terminate this Lease upon written notice thereof to Tenant. (iii) In the event that the Tenant Improvements are not Substantially Completed on or before August 31, 2011, time being of the essence, as a result of a combination of (A) Force Majeure or Landlord's delay in delivering such Tenant Improvements Substantially Completed, and (B) Tenant Delay, then Landlord shall on such date elect to either terminate this Lease upon written notice thereof to Tenant or extend the August 31, 2011 date for occupancy up to the number of days attributable to Tenant Delay and, if the Tenant Improvements are not Substantially Completed by such extended date, Landlord may elect to terminate this Lease upon written notice thereof to Tenant on such extended date. In the Scheduled event that Landlord elects, in its sole discretion, to extend such termination date for up to the number of days of Tenant Delay, Tenant may also elect to terminate this Lease on thirty (30) days prior written notice to Landlord on such extended date. In the event that there is further Tenant Delay after August 31, 2011, then Tenant's right to terminate shall be further extended, from time to time, for the number of days of Tenant Delay and Landlord may also extend its termination date, from time to time, for the additional number of days of Tenant Delay. If Tenant elects to terminate the Lease as provided in the previous sentences, such termination shall be void if the Tenant Improvements are Substantially Completed by Landlord within the thirty (30)-day notice period provided above. (e) Following the determination of the Commencement Date. When , the parties shall execute a commencement date memorandum memorializing the Commencement Date has been establishedDate, Landlord Free Rent Period, Expiration Date, and Tenant shall at Tenant's acceptance of the request Premises, subject to the provisions of either party confirm the Commencement Date and Expiration Date in writingSection 2(e). 5.

TERM; POSSESSION. The term of this Lease (the “"Term”") shall commence on the Commencement Date as described below and, unless sooner terminated, shall expire on the Expiration Date set forth in the Basic Lease Information (the “"Expiration Date”"). The “"Commencement Date” " shall be the earlier of (a) thirty (30) days after the date on which Landlord tenders possession of the Premises to Tenant, Tenant by written notice (after the Existing Tenant has vacated the Premises upon complete execution of a termination agreement with all the Existing Tenant pursuant to the provisions of Landlord’s construction obligations, if any, “Substantially Completed” as provided in the Construction Rider attached as Exhibit B (the “Construction Rider”) or, in the event of any “Tenant Delay,” as defined in the Construction Rider, the date on which Landlord could have done so had there been no such Tenant Delaynext succeeding paragraph); or (b) the date upon which Tenant, with Landlord’s 's written permission, actually occupies and conducts business in any portion of the Premises. The parties anticipate that the Commencement Date will occur on or about the Scheduled Commencement Date set forth in the Basic Lease Information (the “"Scheduled Commencement Date”"). Landlord shall pay Tenant’s hold-over charges if the Premises are not Substantially Completed within seventy-five (75) days after Lease execution, ; provided, however, that Landlord shall not be liable for any other claims, damages or liabilities if the Premises are not ready for occupancy by the Scheduled Commencement Date. When the Commencement Date has been established, Landlord and Tenant shall at the request of either party confirm the Commencement Date and Expiration Date in writing. Tenant understands and agrees that the Premises are currently leased by another tenant (the "Existing Tenant"). Landlord agrees to use its good faith efforts to negotiate a termination of lease with the Existing Tenant and to regain possession of the Premises from the Existing Tenant by June 22, 1998, and deliver possession of the Premises to Tenant on July 15, 1998. Notwithstanding any provision contained herein to the contrary, Landlord shall not be obligated to pay any consideration to the Existing Tenant in order to gain possession of the Premises. After Landlord and Tenant have completely executed this Lease, then upon the later of (a) the complete execution of a lease termination agreement by Landlord and the Existing Tenant, or (b) June 15, 1998, Tenant shall have access to the Premises for inspection of the Premises, subject to the terms of this Lease, including Tenant delivering to Landlord evidence of insurance required under this Lease, except that Tenant shall not be permitted to commence construction of Tenant Improvements in the Premises prior to the Commencement Date. Notwithstanding the foregoing, if Landlord has not delivered possession of the Premises to Tenant by October 14, 1998, Tenant shall have the right to terminate this Lease by written notice to Landlord, and upon any such termination by Tenant, Landlord promptly shall return to Tenant (i) all sums paid by Tenant to Landlord under this Lease and (ii) the Letter of Credit issued in favor of Landlord in connection with this Lease.

TERM; POSSESSION. The term of this Lease (the “"Lease Term”") shall commence be approximately seventy-two (72) months commencing on the eighty-fourth (84th) calendar day after the issuance of a building permit for the Tenant Improvements (the "Target Commencement Date as described below andDate"), subject to the provisions of this Paragraph 2, and of Paragraph 27, and ending on the last day of the seventy-second (72nd) calendar month thereafter, unless sooner terminatedterminated or extended as herein provided. Notwithstanding the Target Commencement Date, the Lease Term will commence on 'the tenth (10th) business day after Landlord notifies Tenant that a certificate of occupancy (or equivalent governmental approval of completion) has been issued for the Tenant Improvements (as defined in Paragraph 27) by the appropriate governmental agency, at which time the Premises will be deemed "ready for occupancy." The certificate of occupancy (or equivalent governmental approval of completion) may contain stipulations and conditions to be fulfilled by Landlord so long as it permits Tenant to take possession of the Premises and to use the Premises for the purposes contemplated by this Lease. Tenant shall expire on take possession of the Expiration Date set forth in the Basic Lease Information Premises no later than thirty (the “Expiration Date”)30) business days after Landlord notifies Tenant that a certificate of occupancy (or equivalent governmental approval of completion) has been issued. The “Commencement Date” Premises shall be considered "ready for occupancy" notwithstanding that punchlist items of a minor nature not interfering with Tenant's intended beneficial use of the earlier Premises exist,, Landlord agrees to complete the punchlist items to Tenant's reasonable satisfaction at Landlord's sole expense within a period of time that is reasonable under the circumstances following the commencement date of the Lease Term. Landlord and Tenant shall execute a written statement specifying (a) the commencement date on which Landlord tenders possession of the Premises to Tenant, with all of Landlord’s construction obligations, if any, “Substantially Completed” as provided in the Construction Rider attached as Exhibit B (the “Construction Rider”) or, in the event of any “Tenant Delay,” as defined in the Construction Rider, the date on which Landlord could have done so had there been no such Tenant Delay; or Lease Term and (b) the termination date upon which of the Lease Term prior to Tenant, with Landlord’s written permission, actually occupies and conducts business in any portion 's taking possession of the Premises. The parties anticipate that the Commencement Date will occur on or about the Scheduled Commencement Date set forth in the Basic Lease Information (the “Scheduled Commencement Date”). Landlord shall pay Tenant’s hold-over charges if the Premises are not Substantially Completed within seventy-five (75) days after Lease execution, provided, however, that Landlord shall not be liable for any other claims, damages or liabilities if If the Premises are not ready for occupancy by the Scheduled Commencement Date. When Tenant on the Target Commencement Date has been establishedfor any reason other than Tenant's default under this Lease, Landlord shall continue to use due diligence to complete construction and Tenant shall at to deliver possession of the request of either party confirm Premises to Tenant. Notwithstanding any provision in this Lease to the Commencement Date and Expiration Date in writing.contrary:

TERM; POSSESSION. The term of this Lease (the “"Term”") shall commence on the Commencement Date as described below and, unless sooner terminated, shall expire on the Expiration Date set forth in the Basic Lease Information (the “"Expiration Date”"). The “"Commencement Date” " shall be the earlier of (a) the date on which Landlord tenders possession of the Premises to TenantNovember 1, with all of Landlord’s construction obligations1999, if any, “Substantially Completed” as provided in the Construction Rider attached as Exhibit B (the “Construction Rider”) or, in the event of any “Tenant Delay,” as defined in the Construction Rider, the date on which Landlord could have done so had there been no such Tenant Delay; or (b) the date upon which Tenant, with Landlord’s 's written permission, actually occupies and conducts business in any portion of the Premises. The parties anticipate Tenant understands and agrees that the Commencement Date will occur on or about the Scheduled Commencement Date set forth in the Basic Lease Information (the “Scheduled Commencement Date”). Landlord shall pay Tenant’s hold-over charges if the Premises are not Substantially Completed within seventy-five currently leased by another tenant (75the "Existing Tenant") days after in accordance with a lease which expires January 31, 2003. Landlord agrees to use its good faith efforts to negotiate a termination of lease with the Existing Tenant and deliver possession of the Premises to Tenant on or before November 1, 1999. If, despite Landlord's good faith efforts, Landlord is unable to deliver possession of the Premises to Tenant on or before November 2, 1999, Landlord or Tenant shall each have the right to terminate this Lease execution, provided, however, that by providing written notice of termination to the other and this Lease shall be of no further force and effect upon the parties hereto. Such right of termination shall constitute Tenant's sole remedy for Landlord's failure to deliver possession of the Premises. Landlord shall not be liable for any other claims, damages or liabilities if Landlord is unable to deliver possession of the Premises are not ready for occupancy to Tenant by November 2, 1999. In the Scheduled Commencement Date. When event Landlord tenders possession of the Commencement Date has been establishedPremises to Tenant, Landlord and Tenant accepts possession thereof, after November 2, 1999, Tenant's right to terminate this Lease shall at the request of either party confirm the Commencement Date and Expiration Date in writingbecome void.

TERM; POSSESSION. The term of this Lease (the “Term”"TERM") shall commence on the Commencement Date as described below and, unless sooner terminated, shall expire on the Expiration Date set forth in the Basic Lease Information (the “Expiration Date”"EXPIRATION DATE"). The “Commencement Date” "COMMENCEMENT DATE" shall be the earlier of (a) the date on which Landlord tenders possession of the Premises to Tenant, with all of has "substantially completed" Landlord’s 's construction obligations, if any, “Substantially Completed” as provided with respect to the improvements (the "TENANT IMPROVEMENTS") to be constructed and installed in the Construction Rider attached as Exhibit B Premises by Landlord (the “Construction Rider”) or, in the event of any “Tenant Delay"TENANT DELAY,” as defined in the Construction Rider, " the date on which Landlord could have done so had there been no such Tenant Delay"TENANT DELAY"), all as provided in the Construction Rider attached as Exhibit B (the "CONSTRUCTION RIDER"), and tendered possession of the Premises to Tenant; or (b) the any earlier date upon which Tenant, with Landlord’s 's written permission, permission (which shall not be unreasonably withheld) actually occupies and conducts business in any portion of the Premises. The parties anticipate that the Commencement Date will occur on or about the Scheduled Commencement Date set forth in the Basic Lease Information (the “Scheduled Commencement Date”"SCHEDULED COMMENCEMENT DATE"). Landlord shall pay Tenant’s hold-over charges if the Premises are not Substantially Completed within seventy-five (75) days after Lease execution, provided, however, that Landlord shall not be liable for any other claims, damages or liabilities if the Premises are not ready for occupancy by the Scheduled Commencement Date. When the Commencement Date has been established, Landlord and Tenant shall at the request of either party confirm the Commencement Date and Expiration Date in writing. As used in this Lease, the first "Lease Year" shall be the period from (and including) the Commencement Date through (and including) the last day of the calendar month in which the first anniversary of the Commencement Date falls, and each period of twelve full consecutive calendar months thereafter shall be a subsequent Lease Year.

TERM; POSSESSION. The term of this Lease (the “Term”“) shall commence on the Commencement Date as described below and, unless sooner terminated, shall expire on the Expiration Date set forth in the Basic Lease Information (the “Expiration Date”“). The “Commencement Date” “ shall be the earlier of (i) the later of (a) the date that is one hundred eighty (180) days after the date on which Landlord has Substantially Completed the Landlord’s Work, or in the event of any Tenant Delay (as defined in the Construction Rider), the date on which Landlord’s Work would have been Substantially Completed had there been no such Tenant Delay and Landlord tenders possession of the Premises to Tenant, with all of Landlord’s construction obligations, if any, “Substantially Completed” as provided in the Construction Rider attached as Exhibit B (the “Construction RiderDelivery Date”) or, in the event of any “Tenant Delay,” as defined in the Construction Rider, the date on which Landlord could have done so had there been no such Tenant Delay); or (b) June 1, 2017; or (ii) the date upon which Tenant, with Landlord’s written permission, Tenant actually occupies and conducts business in any portion of the Premises. The parties anticipate that the Commencement Date will occur on or about the Scheduled Estimated Commencement Date set forth in the Basic Lease Information (the “Scheduled Estimated Commencement Date”“). Landlord shall pay Tenant’s hold-over charges if the Premises are not Substantially Completed within seventy-five (75) days after Lease execution, ; provided, however, that Landlord shall not be liable for any other claims, damages or liabilities if the Premises are not ready for occupancy by the Scheduled Estimated Commencement Date. When the Commencement Date has been established, Landlord and Tenant shall at the request of either party confirm the Commencement Date and Expiration Date in writing. Subject to the provisions of Exhibit B – Construction Rider and this Section 2, as of the date that is one (1) business day following the date that this Lease has been fully executed by all parties and Tenant has delivered the insurance certificates called for in Section 11.1(e) – Certificates of Insurance and the Security Deposit (or Letter of Credit, if applicable), and provided further that Tenant has given Landlord written notice prior to entry, Tenant shall have access to the Premises (“Early Access“) for the purpose of planning and performing the Tenant Improvements, but only if during such Early Access, Tenant and Tenant’s employees, contractors and vendors do not interfere with Landlord’s contractor completing the Landlord Work. Landlord may withdraw such Early Access at any time that Landlord reasonably determines that such Early Access is causing a dangerous situation for Landlord, Tenant or their respective contractors or employees, or if Landlord reasonably determines that such Early Access is hampering or otherwise preventing Landlord from proceeding with the completion of the Landlord Work at the earliest possible date. During such Early Access Tenant shall not be obligated to pay Base Rent or Tenant’s Share of Operating Costs or Taxes; provided, however, that Tenant shall be liable for the costs and expenses for any special or excess services or utilities requested by or on behalf of Tenant at the Premises during any such period of Early Access. Notwithstanding the foregoing, if Tenant takes possession of the Premises before the Commencement Date and occupies fifty percent (50%) or more of the Premises for the operation of Tenant’s business therein, such possession shall be subject to the terms and conditions of this Lease and Tenant shall pay Base Rent, Tenant’s Share of Operating Costs and Taxes, and all other Rent and other charges payable hereunder to Landlord for each day of possession before the Commencement Date.

TERM; POSSESSION. The term of this Lease (the “Term”) shall commence on the Commencement Date as described below set forth in the Basic Lease Information (the “Commencement Date”) and, unless sooner terminated, shall expire on the Expiration Date set forth in the Basic Lease Information (the “Expiration Date”). The “Commencement Date” shall be the earlier of (a) the date on which Landlord tenders possession of the Premises to Tenant, with all of Landlord’s construction obligations, if any, “Substantially Completed” unless extended as provided in the Construction Rider attached as Exhibit B (the “Construction Rider”) or, in the event of any “Tenant Delay,” as defined in the Construction Rider, the date on which Landlord could have done so had there been no such Tenant Delay; or (b) the date upon which Tenant, with Landlord’s written permission, actually occupies and conducts business in any portion of the Premises. The parties anticipate that the Commencement Date will occur on or about the Scheduled Commencement Date set forth in the Basic Lease Information (the “Scheduled Commencement Date”)herein. Landlord shall pay Tenant’s hold-over charges if the Premises are not Substantially Completed within seventy-five (75) days after Lease execution, provided, however, that Landlord shall not be liable for any other claims, damages or liabilities if the Premises are not ready for occupancy by the Scheduled Commencement Date. When Provided that Tenant has delivered the insurance certificates called for in Section 11.1(e) – Certificates of Insurance, the Security Deposit, and the prepaid Base Rent required under Section 3.1 – Base Rent, Landlord shall deliver possession of the Premises to Tenant as of the date of mutual execution and delivery of this Lease (the “Delivery Date”). Landlord shall install an exclusive Outdoor Area (defined in Section 44 below) demarcated by a vegetation hedge (as depicted in the attached Exhibit A). Commencing as of the Delivery Date, Tenant shall have access to the Premises during normal Business Hours to perform the Tenant Improvements described in Exhibit B - Construction Rider, to install Tenant’s furniture, fixtures and equipment, data information systems, security systems, computer and telephone cabling, computers and related office equipment, but only if during such period, Tenant and Tenant’s employees, contractors and vendors do not materially or adversely interfere with Landlord’s contractor completing work and renovations at the Project. Tenant shall not be obligated to pay Base Rent or Additional Rent prior to the Commencement Date, provided, however, commencing as of the Delivery Date, Tenant shall establish direct accounts with the all utility providers such that effective as of the Delivery Date, Tenant shall pay for and be liable for the cost of any utilities, trash disposal or services provided to Tenant at the Premises. Notwithstanding the foregoing, if Txxxxx takes possession of the Premises before the Commencement Date has been establishedfor any purpose other than as expressly provided in this Section, Landlord such possession shall be subject to the terms and conditions of this Lease and Tenant shall at the request pay Base Rent and Additional Rent, and any other charges payable hereunder to Landlord for each day of either party confirm possession before the Commencement Date and Expiration Date in writingDate.

TERM; POSSESSION. The term of this Lease (the “Term”) shall commence on the Commencement Date as described below and, unless sooner terminated, shall expire on the Expiration Date set forth in the Basic Lease Information (the “Expiration Date”). The “Commencement Date” shall be the earlier of (a) the date on which Landlord tenders possession of the Premises to Tenant, with all of has “Substantially Completed” Landlord’s construction obligations, if any, with respect to the improvements (the “Substantially CompletedTenant Improvements”) to be constructed and installed in the Premises by Landlord (or, in the event of any “Tenant Delay,” the date on which Landlord could have done so had there been no such “Tenant Delay”), all as provided in the Construction Rider attached as Exhibit B (the “Construction Rider”) or), in and tendered possession of the event of any “Tenant Delay,” as defined in the Construction Rider, the date on which Landlord could have done so had there been no such Tenant DelayPremises to Tenant; or (b) the any earlier date upon which Tenant, with Landlord’s written permission, actually occupies and conducts business in any portion of the Premises. The parties anticipate that the Commencement Date will occur on or about the Scheduled Commencement Date set forth in the Basic Lease Information (the “Scheduled Commencement Date”). Landlord shall pay Tenant’s hold-over charges if the Premises are not Substantially Completed within seventy-five (75) days after Lease execution, provided, however, that Landlord shall not be liable for any other claims, damages or liabilities if the Premises are not ready for occupancy by the Scheduled Commencement Date. When the Commencement Date has been established, Landlord and Tenant shall at the request of either party confirm the Commencement Date and Expiration Date in writing, using a Commencement Date Memorandum substantially in the form attached hereto as Exhibit C. As used in this Lease, the first “Lease Year” shall be the period from (and including) the Commencement Date through (and including) the last day of the calendar month in which the first anniversary of the Commencement Date falls, and each period of twelve full consecutive calendar months thereafter shall be a subsequent Lease Year.

TERM; POSSESSION. The term of this Lease (the “Term”"TERM") shall commence on the Commencement Date as described below and, unless sooner terminated, shall expire on the Expiration Date set forth in the Basic Lease Information (the “Expiration Date”"EXPIRATION DATE"). The “Commencement Date” "COMMENCEMENT DATE" shall be the earlier of (a) the date on which Landlord tenders possession of the Premises to Tenant, with all of Landlord’s 's construction obligations, if any, “Substantially Completed” "SUBSTANTIALLY COMPLETED" as provided in the Construction Rider attached as Exhibit EXHIBIT B (the “Construction Rider”"CONSTRUCTION RIDER") or, in the event of any “Tenant Delay"TENANT DELAY,” " as defined in the Construction Rider, the date on which Landlord could have done so had there been no such Tenant Delay; or (b) the date upon which Tenant, with Landlord’s 's written permission, actually occupies and conducts business in any portion of the Premises. The parties anticipate that the Commencement Date will occur on or about the Scheduled Commencement Date set forth in the Basic Lease Information (the “Scheduled Commencement Date”"SCHEDULED COMMENCEMENT DATE"). Landlord shall pay Tenant’s hold-over charges if the Premises are not Substantially Completed within seventy-five (75) days after Lease execution; PROVIDED, provided, howeverHOWEVER, that Landlord shall not be liable for any other claims, damages or liabilities if the Premises are not ready for occupancy by the Scheduled Commencement Date. When the Commencement Date has been established, Landlord and Tenant shall at the request of either party confirm the Commencement Date and Expiration Date in writing.

TERM; POSSESSION. Tenant currently occupies a portion of the Premises (the "Existing Premises") under the terms of that certain Office Lease Agreement, dated January 13, 1997, by and between Landlord's predecessor-in-interest, Xxxxx Ranch Company, and Tenant (the "Existing Lease"). The expiration date of the Existing Lease is January 31, 2000. The term of this Lease (the “"Term”") shall commence on the Commencement Date as described below and, unless sooner terminated, shall expire on the Expiration Date set forth in the Basic Lease Information (the “"Expiration Date”"). The “"Commencement Date” " shall be the earlier of (a) the date on which Landlord tenders possession of the portion of the Premises not leased by Tenant under the Existing Lease (the "Expansion Premises") to Tenant, with all of Landlord’s 's construction obligations, if any, “"Substantially Completed” " as provided in the Construction Rider attached as Exhibit B (the “"Construction Rider”") or, in the event of any “"Tenant Delay,” " as defined in the Construction Rider, the date on which Landlord could have done so had there been no such Tenant Delay; or (b) the date upon which Tenant, with Landlord’s 's written permission, actually occupies and conducts business in any portion of the Expansion Premises. The parties anticipate that the Commencement Date will occur on or about the Scheduled Commencement Date set forth in the Basic Lease Information (the “"Scheduled Commencement Date”"). Landlord shall pay Tenant’s hold-over charges if the Premises are not Substantially Completed within seventy-five (75) days after Lease execution, ; provided, however, that Landlord shall not be liable for any other claims, damages or liabilities if the Premises are not ready for occupancy by the Scheduled Commencement Date. When the Commencement Date has been established, Landlord and Tenant shall at the request of either party confirm the Commencement Date and Expiration Date in writing. Provided that this Lease is in full force and effect, if the Commencement Date occurs prior to January 31, 2000, the Existing Lease shall be deemed terminated effective as of the date immediately preceding the Commencement Date.

TERM; POSSESSION. The term of this Lease (the “Term”) shall commence on the Commencement Date as described below set forth in the Basic Lease Information (the “Commencement Date”) and, unless sooner terminated, shall expire on the Expiration Date set forth in the Basic Lease Information (the “Expiration Date”). The “Commencement Date” Term of this Lease for the Additional Premises shall be commence on the earlier of (a) the date on which Landlord tenders possession of the Additional Premises to Tenant, with all of Landlord’s construction obligations, if any, “Substantially Completed” as provided in the Construction Rider attached as Exhibit B (the “Construction Rider”) or, in the event of any “Tenant Delay,” as defined in the Construction Rider, the date on which Landlord could have done so had there been no such Tenant Delay; or (b) the date upon which Tenant, with Landlord’s written permission, actually occupies and conducts business in any portion of the Premises. The parties anticipate that the Commencement Date will occur on or about the Scheduled Commencement Date set forth in the Basic Lease Information (the “Scheduled Additional Premises Commencement Date”) and, unless sooner terminated, shall expire on the Expiration Date. From and after the Commencement Date, Tenant shall comply with all the terms and provisions of this Lease, except for the obligation to pay Base Rent prior to the date such obligation commences under the terms of this Lease. During any period that Tenant shall be permitted to enter the Premises prior to the Commencement Date for any reason (including, without limitation, for purposes of constructing any improvements in accordance with the Construction Rider), Tenant shall comply with and be bound by all the terms and provisions of this Lease, except those provisions requiring the payment of Base Rent. Tenant shall provide to Landlord all insurance certificates required of Tenant under this Lease prior to Tenant entering into the Premises. At any time during the Term, Landlord may complete and deliver to Tenant a document evidencing the dates of the beginning and end of the Term, and the Commencement Date for the Initial Premises and the Additional Premises Commencement Date for the Additional Premises, and the Expiration Date, which document shall be deemed conclusive unless Tenant shall notify Landlord of any disagreement therewith within ten (10) days of receipt. Tenant shall make commercially reasonably, good-faith efforts to obtain all governmental approvals (“Government Use Approval”) required for Tenant to conduct its intended medical uses in the Premises from all governmental entities with jurisdiction, by the estimated delivery date for the Initial Premises. Tenant shall provide Landlord with a copy of all correspondence received from applicable governmental entities regarding the Government Use Approval, Tenant shall retain a permit consultant to xxxxx the necessary applications through the approval process, Tenant shall provide Landlord with a copy of all applications submitted by Tenant, and, if necessary to obtain the required Government Use Approval prior to the estimated delivery date for the Initial Premises, Tenant shall pay the premiums established by the applicable governmental entities that allow approval of permit applications on an expedited basis. Tenant shall provide Landlord with a copy of the approved permit immediately upon receipt from the applicable governmental entity. If on or before June 1, 2006 (“Tenant’s Use Approval Deadline “) Tenant does not give Landlord written notice that Tenant has obtained the Government Use Approval, then Landlord shall have the right to terminate this Lease by written notice to Tenant given within ten (10) Business Days following Tenant’s Use Approval Deadline. If either (a) Landlord terminates this Lease because Tenant has not obtained the Government Use Approval on or before Tenant’s Use Approval Deadline, or (b) Tenant terminates this Lease because Landlord has failed to deliver possession of the Initial Premises and the Additional Premises to Tenant by the Termination Deadline, then promptly after either such termination Landlord shall return to Tenant all sums paid by Tenant to Landlord, including the Security Deposit, the Letter of Credit, and the construction management fee, if previously paid by Tenant to Landlord. In addition, if Tenant terminates this Lease because Landlord has failed to deliver possession of the Initial Premises and the Additional Premises to Tenant by the Termination Deadline, then in Landlord shall pay one half (1/2) of Tenant’s hold-over out of pocket fees and charges if that Tenant has paid to the Premises are not Substantially Completed Space Planner (as defined in Exhibit B attached to this Lease) within seventy-five thirty (7530) days after Lease executionTenant delivers to Landlord copies of the invoices from the Space Planner for such fees and charges, provided, however, that Landlord shall not be liable showing in detail the dates and the explanation associated therewith for any other claims, damages or liabilities if the Premises are not ready for occupancy by the Scheduled Commencement Date. When the Commencement Date has been established, Landlord such fees and Tenant shall at the request of either party confirm the Commencement Date and Expiration Date in writingcharges.

TERM; POSSESSION. The term of this Lease (the “Term”) shall commence on the Commencement Date as described below and, unless sooner terminated, shall expire on the Expiration Date set forth in the Basic Lease Information (the “Expiration Date”). The “Commencement Date” shall be the earlier of (a) the date on which Landlord tenders possession of the Premises to Tenant, with all of Landlord’s construction obligations, if any, obligations “Substantially Completed” as provided in the Construction Rider attached as Exhibit B (the “Construction Rider”) or, in the event of any “Tenant Delay,” as defined in the Construction Rider, the date on which Landlord could have done so had there been no such Tenant Delay; or (b) the date upon which Tenant, with Landlord’s written permission, actually occupies and conducts business in any portion of the Premises. The parties anticipate that the Commencement Date will occur on or about the Scheduled Commencement Date set forth in the Basic Lease Information (the “Scheduled Commencement Date”). Landlord shall pay Tenant’s hold-over charges if the Premises are not Substantially Completed within seventy-five (75) days after Lease execution, ; provided, however, that Landlord shall not be liable for any other claims, damages or liabilities if the Premises are not ready for occupancy by the Scheduled Commencement Date, except as specifically set forth herein. When the Commencement Date has been established, Landlord and Tenant shall at the request of either party confirm the Commencement Date and Expiration Date in writing. In the event Landlord fails to deliver possession of the Premises to Tenant with the Tenant Improvements Substantially Completed on or before July 1, 2010, subject to force majeure delays (described in Section 26) and Tenant Delays (defined in Exhibit B), then Tenant as its sole and exclusive remedy shall be entitled to an abatement of one day of Base Rent for each day after July 1, 2010 that the Tenant Improvements have not been Substantially Completed. Such day-for-day Base Rent abatement shall commence to apply upon the Commencement Date of the Lease and shall continue until applied in full, provided, however, that it is the intent of the parties that this day-for-day rent abatement be applied consecutively, not concurrently, with any other rent abatement or credit which may be then-applicable. In the event Landlord fails to deliver possession of the Premises to Tenant with the Tenant Improvements Substantially Completed on or before September 1, 2010, subject to force majeure delays (described in Section 26) and Tenant Delays (defined in Exhibit B), then Tenant as its sole and exclusive remedy shall have the right to terminate this Lease by providing Landlord with ten (10) days’ prior written notice thereof, but in any event given before Landlord has Substantially Completed the Tenant Improvements. Other than as aforesaid, Landlord shall have no liability to Tenant for failure to deliver possession of the Premises to Tenant with Tenant Improvements Substantially Completed on or before June 1, 2010. Notwithstanding anything in this Lease to the contrary, if this Lease is not fully executed by the parties by March 5, 2010, including without limitation, approval and signature by Landlord, Tenant and Xxxxx Fargo Bank, National Association (“Xxxxx Fargo”), of the NDESA attached hereto as Exhibit F, then each of the above described deadlines in this subparagraph shall be extended one day for each day after March 5, 2010 until the Lease is fully executed by the parties and the NDESA is fully executed by Landlord, Tenant and Xxxxx Fargo.

TERM; POSSESSION. a. The term of this Lease shall be for a period of five (the “Term”5) shall commence years commencing on the later of substantial completion of the Landlord's Work (as defined below and in the Workletter attached as Exhibit C) or first day of January, 1997 (01/01/97) (hereinafter called the "Commencement Date as described below andDate") and ending at midnight on the 31st day of December, 2001 (12/31/01) (hereinafter called the "Expiration Date"), unless sooner terminated, terminated as hereinafter provided. Landlord shall expire on the Expiration Date set forth in the Basic Lease Information (the “Expiration Date”). The “Commencement Date” shall be the earlier of (a) the date on which Landlord tenders deliver possession of the Premises to Tenant on or prior to the Commencement Date of the term hereof, free and clear of all tenancies and occupancies, broom clean and in good order and condition and with the alterations and improvements to be made by Landlord in accordance with Exhibits A and C, attached hereto and made a part hereof, substantially completed in accordance with the Work Agreement attached as Exhibit C in a first-class manner. The Landlord's Work shall be considered "substantially complete" and "substantial completion" shall be achieved for purposes of this Lease when all of the following shall have occurred (i) Landlord has performed or completed all of the Landlord's Work (as defined herein and in the Lease), except only for punchlist items of a quantity and character which do not substantially interfere with Tenant's ability to occupy or use the Premises or to complete improvements to the Premises to be made by Tenant and (ii) all approvals, with certificates of occupancy and permits (other than Tenant's business licenses and those permits and approvals from the appropriate governmental authorities pertaining to the Improvements required for the legal and practical occupancy of the Premises for Tenant's intended use have been approved for issuance, and (iii) the Landlord and all subcontractors have provided certificates of payment for all of Landlord’s construction obligations, if any, “Substantially Completed” as provided 's Work and (iv) the architect certifies in writing that the Construction Rider attached as Exhibit B (the “Construction Rider”) or, in the event of any “Tenant Delay,” Premises are "substantially complete" as defined in above; and (v) Landlord has effected removal of all rubbish and debris, such that Tenant may commence its business operations from the Construction Rider, the date on which Premises immediately after Landlord could have done so had there been no completes such clean-up. Landlord shall provide Tenant Delay; or with Thirty (b30) the date upon which Tenant, with Landlord’s written permission, actually occupies and conducts business in any portion days prior notice of substantial completion of the Premises. The parties anticipate that Landlord shall deliver the Premises and substantially complete the Landlord's Work on or before the sixtieth (60th) day following the Commencement Date will occur on or about the Scheduled Commencement Date set forth in the Basic Lease Information (the “Scheduled Commencement Date”). Landlord shall pay Tenant’s hold-over charges if the Premises are not Substantially Completed within seventy-five (75) days after Lease execution, provided, however, that Landlord shall not be liable for any other claims, damages or liabilities if the Premises are not ready for occupancy by the Scheduled Commencement Date. When the Commencement Date has been established, Landlord and Tenant shall at the request date of either party confirm the Commencement Date and Expiration Date in writingthis Lease.

TERM; POSSESSION. The term of this Lease (the “Term”) shall commence on the Commencement Date as described below and, unless sooner terminated, shall expire on the Expiration Date set forth in the Basic Lease Information (the “Expiration Date”). The “Commencement Date” shall be the earlier of (a) the date on which Landlord tenders possession of the Premises to Tenant, with all of Landlord’s construction obligations, if any, “Substantially Completed” as provided in the Construction Rider attached as Exhibit B B-1 (the “Construction RiderRider - Landlord Improvements”) or, in the event of any “Tenant Delay,” as defined in the Construction RiderRider - Landlord Improvements, the date on which Landlord could have done so had there been no such Tenant Delay; or (b) the date upon which Tenant, with Landlord’s written permission, Tenant actually occupies and conducts business in any portion of the Premises. The parties anticipate that the Commencement Date will occur on or about the Scheduled Commencement Date set forth in the Basic Lease Information (the “Scheduled Commencement Date”). Landlord shall pay Tenant’s hold-over charges if the Premises are not Substantially Completed within seventy-five (75) days after Lease execution, ; provided, however, that Landlord shall not be liable for any other claims, damages or liabilities if the Premises are not ready for occupancy by the Scheduled Commencement Date. When the Commencement Date has been established, Landlord and Tenant shall at the request of either party confirm the Commencement Date and Expiration Date in writing. Subject to the provisions of Exhibit B-1 Construction Rider - Landlord Improvements and Exhibit B-2 Construction Rider - Tenant Improvements, and provided that Tenant has delivered the insurance certificates called for in Section 11.1(e) — Certificates of Insurance, and given Landlord written notice prior to entry, Tenant shall have access to the Premises during normal Business Hours (“Early Access”), prior to the anticipated Commencement Date, commencing two (2) days after mutual execution and delivery of this Lease, for Tenant to perform the Tenant Improvements described in Exhibit B-2 Construction Rider - Tenant Improvements and to install Tenant’s furniture, fixtures and equipment, data information systems, security systems, computer and telephone cabling, computers and related office equipment, but only if during such Early Access, Tenant and Tenant’s employees, contractors and vendor do not interfere with Landlord’s contractor completing the Landlord Improvements. Tenant agrees that Landlord shall not be liable in any way for any injury, loss or damage which may occur to any of Tenant’s property placed upon or installed in the Premises prior to the Commencement Date, the same being at Tenant’s sole risk, and Tenant shall be liable for all injury, loss or damage to persons or property arising as a result of such entry into the Premises by Tenant or its Representatives. During such Early Access Tenant shall not be obligated to pay Base Rent or Additional Rent prior to the Commencement Date. Notwithstanding the foregoing, if Tenant takes possession of the Premises before the Commencement Date for any purpose other than as expressly provided in this Section, such possession shall be subject to the terms and conditions of this Lease and Tenant shall pay Base Rent and Additional Rent, and any other charges payable hereunder to Landlord for each day of possession before the Commencement Date. If (A) within two (2) Business Days of the date of this Lease Tenant selects a Building standard paint and carpet which paint and carpet are promptly available (without long lead delay), and (B) the Commencement Date has not occurred on or before the expiration of the date which is one hundred twenty (120) days following the date this Lease is fully executed and delivered by each of Landlord and Tenant and Tenant delivers to Landlord all prepaid rents, the Security Deposit and all certificates of insurance as required by the terms and conditions of this Lease (the “Required Delivery Date”), Tenant may terminate this Lease by giving Landlord written notice of termination on or before the earlier to occur of: (a) five (5) Business Days after the Required Delivery Date; and (b) Commencement Date. In such event, the Lease shall be deemed null and void and of no further force and effect and Landlord shall promptly refund any prepaid rent and Security Deposit previously advanced by Tenant under the Lease and, so long as Tenant has not previously defaulted under any of its obligations under the Construction Rider, the parties hereto shall have no further responsibilities or obligations to each other with respect to the Lease. Landlord and Tenant acknowledge and agree that: (i) the determination of the Commencement Date shall take into consideration the effect of any Tenant Delays; and (ii) the Required Delivery Date shall be postponed by the number of days the Commencement Date is delayed due to strikes, acts of God, shortages of labor or materials, war, terrorist acts, civil disturbances and other causes beyond the reasonable control of Landlord.