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”") 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. 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 '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. 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. 2.1.1. In the event Landlord does not deliver possession of the Substantially Completed Premises to Tenant by August 1, 2008, and such failure is not caused by any of the events described in Section 26 — Force Majeure — or by Tenant Delay, Tenant shall receive a credit against Rent first coming due in an amount equal to one day's Rent for each day of delay. By way of example, if Landlord delivers possession of the Substantially Completed Premises to Tenant on August 5, 2008 (and such delay was not caused by a Force Majeure or Tenant Delay), Tenant's liability for Rent would commence on August 10, 2008. 2.1.2. Tenant agrees to pay Landlord up to the sum of One Hundred Seventy Five Thousand and 00/100 Dollars ($175,000.00) to defray Landlord's increased cost of construction of the Tenant Improvements, including without limitation, premium time and other construction methods, necessary to change the Scheduled Commencement Date to July 1, 2008. Said increased construction costs may be invoiced by Landlord to Tenant on a monthly basis and shall be due and payable by Tenant within fifteen (15) days after receipt of such invoice(s) from Landlord specifying the increased construction costs incurred by Landlord. 2.1.3. Landlord's obligation to deliver the Premises Substantially Complete by the deadlines set forth in the Lease, as amended hereby, is subject to the following conditions: (i) the City of New Brighton inspectors being available when requested by Landlord, it being agreed that the failure of said condition shall constitute a Force Majeure delay so long as the inspection delay is outside Landlord's reasonable control, and (ii) the following additional conditions, it being agreed that any delay in timely completing any such conditions shall constitute a Tenant Delay: (a) Tenant shall notify Landlord in writing of Tenant's furniture installation schedule by March 15, 2008. (b) Tenant, via its union contractors as described in Paragraph 5 of this Amendment, shall complete installation of any modular furniture systems requiring electrical hookups by June 15, 2008, provided, however, that Landlord has afforded early entry to Tenant pursuant to Paragraph 5 no later than May 15, 2008.

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) 120 days following 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 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.

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 '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. 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 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. 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”) 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.

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 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. 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.Commencement

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”"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 (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”) but in no event prior to April 1, 2009 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. Landlord acknowledges that Base Rent and Tenant’s Share of Operating Costs and Taxes shall not be payable until the first (1st) day of the seventh (7th) full month after the Commencement Date. 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 shall, at the request of either party 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, ▇▇▇▇▇ 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. (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 other claims, damages loss or liabilities if 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 ▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇ 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 defaults under the Existing Lease. Collectively, (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 ready 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 "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 occupancy such period(s) (on a day-for-day basis) to the extent attributable solely to delay caused by Landlord in delivering the Scheduled Commencement DateTenant 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. When For this period, the Commencement Date has been establishedcalculation 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 at be as follows: the request sum of either party confirm the Commencement Date Actual Charges less the sum of the Minimum Annual Rent and Expiration Date in writingAnnual Operating Expenses under this Lease.

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 ▇▇▇▇▇▇▇▇'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. 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 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. 2.1 The term of this Lease (the “"Term”") shall commence on the Commencement Date 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 floors 10, 11 & 12 of the Premises to Tenant, with all of Landlord’s 's construction obligations, if any, “obligations "Substantially Completed” " as provided in the Construction Rider attached as Exhibit B 13 (the “"Construction Rider”) or"), provided, however, that Tenant shall have been permitted access to the Premises no less than thirty days prior to the Commencement Date for the purpose of installing furniture, fixtures and equipment, and in no event will the Commencement Date occur until Tenant's 30 day early access period has expired, or in the event of any “"Tenant Delay,” " as defined in the Construction Rider, the date on which Landlord could have done so had bad there been no such Tenant Delay; or (b) the date upon which Tenant, with Landlord’s 's written permission, 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 that, except as otherwise provided below, 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.. Prior to the Commencement Date, Landlord must:

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 '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. 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.