Common use of Commencement of Term Clause in Contracts

Commencement of Term. (a) The Premises shall be deemed substantially completed upon the issuance of a certificate of substantial completion by Landlord's architect or a certificate of occupancy by the local building authority, notwithstanding that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed. If the substantial completion of the Premises by Landlord is delayed in any way by Tenant or Tenant's Representatives, the Premises shall be deemed substantially completed for purposes of this Section on the date when they would have been substantially completed but for such delay. (b) Tenant's taking possession of the Premises shall be conclusive evidence that the Premises were in good order, condition and repair when Tenant took possession, except for those matters (for which Landlord is responsible as provided in this Lease) of which Tenant gives Landlord notice within 10 days after taking possession. Landlord shall complete or repair such matters as soon as reasonably possible. (c) If Landlord is unable to deliver possession of the Premises to Tenant within 180 days after the Expected Commencement Date (the Outside Commencement Date), then Tenant, as its sole remedy, may terminate this Lease by notice to Landlord given within 10 days after the Outside Commencement Date. The Outside Commencement Date shall be extended by the period of any delay described in Section 1(a). Landlord shall not be liable to Tenant or any third party for its failure to deliver possession of the Premises to Tenant. If the Commencement Date does not occur within one year after the Expected Commencement Date, this Lease shall terminate and Landlord and Tenant shall have no further obligations to the other, except as may otherwise be provided in this Lease. (d) After the Commencement Date has been determined, Landlord and Tenant shall execute a supplemental agreement specifying the Commencement Date, Termination Date and such other information as Landlord shall reasonably require.

Commencement of Term. (a) The Premises shall be deemed substantially completed upon the issuance of a certificate of substantial completion by Landlord's architect or a certificate of occupancy by the local building authority, notwithstanding that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed. If the substantial completion Upon Substantial Completion of the Premises by Landlord is delayed in any way by Tenant or Tenant's RepresentativesImprovements, the Premises shall be deemed substantially completed for purposes of this Section on the date when they would have been substantially completed but for such delay. (b) Tenant's taking possession of the Premises shall be conclusive evidence that the Premises were in good order, condition and repair when Tenant took possession, except for those matters (for which Landlord is responsible as provided in this Lease) of which Tenant gives Landlord notice within 10 days after taking possession. Landlord shall complete or repair such matters as soon as reasonably possible. (c) If Landlord is unable to deliver possession of the Premises to Tenant within 180 days after the Expected Commencement Date (the Outside Commencement Date), then Tenant, as its sole remedy, may terminate this Lease by notice to Landlord given within 10 days after the Outside Commencement Date. The Outside Commencement Date shall be extended by the period of any delay described in Section 1(a). Landlord shall not be liable to Tenant or any third party for its failure to deliver possession of the Premises to Tenant. If Landlord has not Substantially Completed the Tenant Improvements and tendered possession of the Premises to Tenant on or before the Scheduled Commencement Date specified in Section 3 xxxx Condition of Premises" of the Lease, or if Landlord, using its best efforts, is unable for any other reason to deliver possession of the Premises to Tenant on or before such date, neither Landlord nor its representatives shall be liable to Tenant for any damage resulting from the delay in completing such construction obligations and/or delivering possession to Tenant and the Lease shall remain in full force and effect unless and until it is terminated under the express provisions of this Paragraph. In such event the Commencement Date does not occur within one year after shall be the Expected Commencement Dateactual date of delivery of possession of the Substantially Completed Premises to Tenant, this Lease shall terminate provided, however, that if and Landlord and Tenant shall have no further obligations to the other, except as may otherwise be provided extent that any delays in this Lease. (d) After the Commencement Date has been determinedare attributable to (1) delays by Tenant to submitting information to the Space Planner or in approving Construction Documents, Landlord (ii) any delays in obtaining any items or materials constructing part of the Above Standard Tenant Improvements requested by Tenant, or (iii) any other early requested by or caused by Tenant Delay, then the term of the lease shall commence and Tenant shall execute a supplemental agreement specifying the Commencement Date, Termination Date shall be deemed to have occurred on the date which Landlord would have Substantially Completed the Premises and tendered the premises to Tenant but for such other information as Landlord shall reasonably requireTenant Delay.

Commencement of Term. (a) The Premises License Commencement Date set forth in Article 1 shall be deemed substantially completed upon the issuance of a certificate of substantial completion by Landlord's architect or a certificate of occupancy by the local building authority, notwithstanding that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed. If the substantial completion of the Premises by Landlord is delayed in any way by Tenant or Tenant's Representatives, the Premises and Rent shall be deemed substantially completed for purposes of this Section on abated to the date when they would have been substantially completed but for such delay. (b) Tenant's taking possession of the Premises shall be conclusive evidence extent that the Premises were in good order, condition and repair when Tenant took possession, except for those matters (for which Landlord is responsible as provided in this Lease) of which Tenant gives Landlord notice within 10 days after taking possession. Landlord shall complete or repair such matters as soon as reasonably possible. (c) If Landlord is unable fails to deliver possession of the-Roof Premises on the Premises to Tenant within 180 days after the Expected Commencement Date (the Outside License Commencement Date), then except to the extent that Tenant, its contractors, agents or employees in any way contribute to such failure. If Landlord so fails for a ninety (90) day initial grace period, or such additional time as may be necessary due to strikes, acts of God, shortages of materials, acts or omissions of Tenant, its sole remedycontractors, may agents or employees, or other causes beyond Landlord's reasonable control, Tenant shall have the right to terminate this Lease Agreement by written notice to Landlord given within 10 days after any time thereafter up until Landlord delivers the Outside Commencement DateRoof Premises to Tenant. The Outside Any such delay in the License Commencement Date shall not subject Landlord to any liability for any loss or damage resulting therefrom, and Tenant's sole recourse with respect thereto shall be extended by the period abatement of Rent and Tenant's right to terminate described above. Upon any delay described in Section 1(a). Landlord such termination, Licensor and Tenant shall not be liable to Tenant or entirely relieved of their obligations hereunder, and any third party for its failure to deliver possession of the Premises Security Deposit and Rent payments hereunder shall be returned to Tenant. If the License Commencement Date does is delayed, the License Expiration Date shall not occur within one year after be similarly extended, unless the Expected parties expressly agree in writing. During any period that Tenant shall be permitted to enter the Roof Premises prior to the License Commencement Date, this Lease shall terminate and Landlord and Tenant shall have no further obligations to comply with all terms and provisions of the other, except as may otherwise be provided in Lease and this Lease. (d) After the Commencement Date has been determined, Landlord Agreement and Tenant Rent shall execute a supplemental agreement specifying the Commencement Date, Termination Date and commence on such other information as Landlord shall reasonably requiredate.

Commencement of Term. (a) The Premises Commencement Date set forth in Article 1 shall be deemed delayed and Rent shall be abated to the extent that Landlord fails: (i) to substantially completed upon complete the issuance of a certificate of substantial completion by Landlord's architect or a certificate of occupancy by improvements to the local building authority, notwithstanding that minor or insubstantial details of construction, mechanical adjustment or decoration remain Premises required to be performed. If the substantial completion of the Premises performed by Landlord is delayed in any way by Tenant under the attached Work Agreement, or Tenant's Representatives, the Premises shall be deemed substantially completed for purposes of this Section on the date when they would have been substantially completed but for such delay. (bii) Tenant's taking possession of the Premises shall be conclusive evidence that the Premises were in good order, condition and repair when Tenant took possession, except for those matters (for which Landlord is responsible as provided in this Lease) of which Tenant gives Landlord notice within 10 days after taking possession. Landlord shall complete or repair such matters as soon as reasonably possible. (c) If Landlord is unable to deliver possession of the Premises for any other reason, except to Tenant within 180 days after the Expected Commencement Date (the Outside Commencement Date), then extent that Tenant, its contractors, agents or employees or Tenant Delays (as its sole remedydefined in the Work Agreement) in any way contribute to either such failures. If Landlord so fails for a sixty (60) day initial grace period, or such additional time as may be necessary due to fire or other casualty, strikes, lock outs or other labor troubles, shortages of equipment or materials, governmental requirements, power shortages or outages, acts or omissions of Tenant or other Persons, or other causes beyond Landlord's reasonable control, which shall, in no event, extend such initial grace period beyond a maximum of one hundred twenty (120) days of delay in the aggregate, Tenant shall have the right to terminate this Lease by at least thirty (30) days' written notice to Landlord given any time thereafter provided, however, that if Landlord substantially completes the improvements and delivers the Premises to Tenant within 10 days after said notice period, Tenant's termination of the Outside Commencement DateLease shall be null and void and of no force or effect. The Outside Any such delay in the Commencement Date shall not subject Landlord to liability for loss or damage resulting therefrom, and Tenant's sole recourse with respect thereto shall be extended by the period abatement of Rent and right to terminate this Lease described above. Upon any delay described in Section 1(a). such termination, Landlord and Tenant shall not be liable to Tenant or entirely relieved of their obligations hereunder, and any third party for its failure to deliver possession of the Premises Security Deposit and Rent payments shall be returned to Tenant. If the Commencement Date does is delayed, the Expiration Date shall not occur within one year after the Expected Commencement Datebe similarly extended, this Lease shall terminate and unless Landlord and Tenant mutually agree in writing. During any period that Tenant shall have no further obligations be permitted to enter the other, except as may otherwise be provided in this Lease. (d) After Premises prior to the Commencement Date has been determinedother than to occupy the same (e.g., Landlord to perform alterations or improvements), Tenant shall comply with all terms and provisions of this Lease, except those provisions requiring the payment of Rent. Tenant shall be permitted to enter the portions of the Premises consisting of the second floor and the data center on the third floor upon substantial completion of same and Tenant shall execute a supplemental agreement specifying comply with all the terms and provisions of this Lease regarding such occupancy except that Rent shall be prorated based on the number of rentable square feet occupied by Tenant. If Tenant shall be permitted to enter other portions of the Premises prior to the Commencement DateDate for the purpose of occupying same, Termination Date Tenant shall comply with all the terms and provisions of this Lease regarding such occupancy of such other information as Landlord portions except that Rent shall reasonably requirebe likewise prorated based on the number of rentable square feet occupied by Tenant.

Commencement of Term. (a) The Premises Commencement Date set forth in Article 1 shall be deemed delayed and Rent shall be abated to the extent that Landlord fails: (i) to substantially completed upon complete any improvements to the issuance of a certificate of substantial completion by Landlord's architect or a certificate of occupancy by the local building authority, notwithstanding that minor or insubstantial details of construction, mechanical adjustment or decoration remain Premises required to be performed. If the substantial completion of the Premises performed by Landlord is delayed in under any way separate agreement signed by Tenant both parties, or Tenant's Representatives, the Premises shall be deemed substantially completed for purposes of this Section on the date when they would have been substantially completed but for such delay. (bii) Tenant's taking possession of the Premises shall be conclusive evidence that the Premises were in good order, condition and repair when Tenant took possession, except for those matters (for which Landlord is responsible as provided in this Lease) of which Tenant gives Landlord notice within 10 days after taking possession. Landlord shall complete or repair such matters as soon as reasonably possible. (c) If Landlord is unable to deliver possession of the Premises for any other reason, including but not limited to Tenant within 180 days after holding over by prior occupants, except to the Expected Commencement Date (the Outside Commencement Date), then extent that Tenant, its contractors, agents or employees in any way contribute to either such failures. If Landlord so fails for a ninety (90) day initial grace period, or such additional time as its sole remedymay be necessary due to fire or other casualty, may strikes, lock-outs or other labor troubles, shortages of equipment or materials, governmental requirements, power shortages or outages, acts or omissions of Tenant or other Persons, or other causes beyond Landlord's reasonable control, Tenant shall have the right to terminate this Lease by written notice to Landlord given within 10 days after any time thereafter up until Landlord substantially completes any such improvements and delivers the Outside Commencement DatePremises to Tenant. The Outside Any such delay in the Commencement Date shall not subject Landlord to liability for loss or damage resulting therefrom, and Tenant's sole recourse with respect thereto shall be extended by the period abatement of Rent and right to terminate this Lease described above. Upon any delay described in Section 1(a). such termination, Landlord and Tenant shall not be liable to Tenant or entirely relieved of their obligations hereunder, and any third party for its failure to deliver possession of the Premises Security Deposit and Rent payments shall be returned to Tenant. If the Commencement Date does is delayed, the Expiration Date shall not occur within one year after be similarly extended, unless Landlord shall so elect (in which case, the Expected Commencement Date, this Lease parties shall terminate and Landlord and confirm the same in writing). During any period that Tenant shall have no further obligations be permitted to enter the other, except as may otherwise be provided in this Lease. (d) After Premises prior to the Commencement Date has been determinedother than to occupy the same (e.g., Landlord and to perform alterations or improvements). Tenant shall execute comply with all terms and provisions of this Lease, except those provisions requiring the payment of Rent. If Tenant shall be permitted to enter the Premises prior to the Commencement Date for the purpose of occupying the same, Rent shall commence on such date, and if Tenant shall commence occupying only a supplemental agreement specifying portion of the Premises prior to the Commencement Date, Termination Date and such other information as Rent shall be prorated based on the number of rentable square feet occupied by Tenant. Landlord shall reasonably requirepermit early entry, provided the Premises are legally available and Landlord has completed any work required under this Lease or any separate agreement entered in connection herewith.

Commencement of Term. (a) The Premises Commencement Date set forth in Article 1 shall be deemed delayed and Rent shall be abated to the extent that Landlord fails: (i) to substantially completed upon complete any improvements to the issuance of a certificate of substantial completion by Landlord's architect or a certificate of occupancy by the local building authority, notwithstanding that minor or insubstantial details of construction, mechanical adjustment or decoration remain Premises required to be performed. If the substantial completion of the Premises performed by Landlord is delayed in any way by Tenant under that certain workletter attached hereto as Exhibit B ("Workletter"), or Tenant's Representatives, the Premises shall be deemed substantially completed for purposes of this Section on the date when they would have been substantially completed but for such delay. (bii) Tenant's taking possession of the Premises shall be conclusive evidence that the Premises were in good order, condition and repair when Tenant took possession, except for those matters (for which Landlord is responsible as provided in this Lease) of which Tenant gives Landlord notice within 10 days after taking possession. Landlord shall complete or repair such matters as soon as reasonably possible. (c) If Landlord is unable to deliver possession of the Premises for any other reason, including but not limited to Tenant within 180 days after holding over by prior occupants, except to the Expected Commencement Date (the Outside Commencement Date), then extent that Tenant, its contractors, agents or employees in any way contribute to either such failures. If Landlord so fails for a ninety (90) day initial grace period, or such additional time as its sole remedymay be necessary due to fire or other casualty, may strikes, lock-outs or other labor troubles, shortages of equipment or materials, governmental requirements, power shortages or outages, acts or omissions of Tenant or other Persons, or other causes beyond Landlord's reasonable control, Tenant shall have the right to terminate this Lease by written notice to Landlord given within 10 days after any time thereafter up until Landlord substantially completes any such improvements and delivers the Outside Commencement DatePremises to Tenant. The Outside Any such delay in the Commencement Date shall not subject Landlord to liability for loss or damage resulting therefrom, and Tenant's sole recourse with respect thereto shall be extended by the period abatement of Rent and right to terminate this Lease described above. Upon any delay described in Section 1(a). such termination, Landlord and Tenant shall not be liable to Tenant or entirely relieved of their obligations hereunder, and any third party for its failure to deliver possession of the Premises Security Deposit and Rent payments shall be returned to Tenant. If the Commencement Date does is delayed, the Expiration Date shall not occur within one year after be similarly extended, unless Landlord shall so elect (in which case, the Expected Commencement Date, this Lease parties shall terminate and Landlord and confirm the same in writing). During any period that Tenant shall have no further obligations be permitted to enter the other, except as may otherwise be provided in this Lease. (d) After Premises prior to the Commencement Date has been determinedother than to occupy the same (e.g., Landlord and to perform alterations or improvements), Tenant shall execute a supplemental agreement specifying comply with all terms and provisions of this Lease, except those provisions requiring the payment of Rent. If Tenant shall be permitted to enter the Premises prior to the Commencement Date for the purpose of occupying the same, Rent shall not commence until the Commencement Date, Termination Date and such other information as . Landlord shall reasonably requirepermit early entry, provided the Premises are legally available and Landlord has completed any work required under this Lease or under the Workletter.

Commencement of Term. (a) The Premises shall be deemed substantially completed Subject to and upon the issuance of a certificate of substantial completion by Landlord's architect or a certificate of occupancy by the local building authority, notwithstanding that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed. If the substantial completion of the Premises by Landlord is delayed in any way by Tenant or Tenant's Representatives, the Premises shall be deemed substantially completed for purposes of this Section on the date when they would have been substantially completed but for such delay. (b) Tenant's taking possession of the Premises shall be conclusive evidence that the Premises were in good order, condition terms and repair when Tenant took possession, except for those matters (for which Landlord is responsible as provided conditions set forth in this Lease) , the term of which Tenant gives Landlord notice within 10 days after taking possession. Landlord shall complete or repair such matters as soon as reasonably possible. (c) If Landlord is unable to deliver possession of the Premises to Tenant within 180 days after the Expected Commencement Date (the Outside Commencement Date), then Tenant, as its sole remedy, may terminate this Lease by notice to Landlord given within 10 days after shall be for a period specified in the Outside Summary as Lease Term, commencing upon the date specified in the Summary as the Lease Commencement Date. The Outside Commencement Date shall be extended by Upon the period of any delay described in Section 1(a). Landlord shall not be liable to Tenant or any third party for its failure to deliver possession of the Premises to Tenant. If the Commencement Date does not occur within one year after the Expected Lease Commencement Date, this Lease shall terminate and Landlord and Tenant shall have no further obligations to the other, except as may otherwise be provided in this Lease. (d) After the Commencement Date has been determined, Landlord and Tenant shall execute a supplemental agreement specifying Notice of Lease Term Dates, as shown in Exhibit E attached hereto and made a part hereof setting forth, among other things, the Lease Commencement Date, Termination Date and the Lease Expiration Date. Landlord and Tenant presently anticipate that substantial completion of the Tenant Improvements (as defined in Exhibit C) will occur and possession of the Premises will be tendered to Tenant in the condition required by this Lease on or about May 17, 2014. If Substantial Completion (as defined in Exhibit C) of the Tenant Improvements has not occurred (and possession of the Premises delivered to Tenant) by the Outside Delivery Date (as defined below), then Tenant shall be entitled by notice in writing to Landlord thereafter to cancel this Lease, in which event, (A) Tenant shall be permitted to retain possession of the Temporary Space (as defined below) for a period of up to six (6) months following the date of such other information notice on all of terms and conditions set forth in Article 22 below (including the payment of Base Rent as set forth in Article 22 below; provided that the amount of the monthly Base Rent shall instead be $44,758.00); provided, that, during such six (6) month period, Tenant may vacate the Temporary Space at any time and Tenant's obligation to pay Base Rent (as set forth in Article 22 below) shall cease and be prorated as of the date Tenant vacates the Temporary Space, (B) after the date Tenant vacates the Temporary Space, the parties shall be discharged from all obligations hereunder and (C) Landlord shall reasonably requirereturn any prepaid rent and the security deposit forth with to Tenant; provided further, however, that if Substantial Completion of the Tenant Improvements and delivery of possession of the Premises to Tenant occurs, then Tenant's right to cancel this Lease hereunder shall terminate and be of no further force or effect. The term "Outside Delivery Date" initially means October 17, 2014, but shall be extended by one day for every one day in delay in substantial completion of the Tenant Improvements caused by (i) Tenant Delays (as defined in Exhibit C) and/or (ii) any other one or more Force Majeure events (as defined in Section 2.24).

Commencement of Term. (a) The Premises Commencement Date set forth in Article I shall be deemed delayed and Rent shall be abated to the extent that Landlord fails: (i) to substantially completed upon complete any improvements to the issuance of a certificate of substantial completion by Landlord's architect or a certificate of occupancy by the local building authority, notwithstanding that minor or insubstantial details of construction, mechanical adjustment or decoration remain Premises required to be performed. If the substantial completion of the Premises performed by Landlord is delayed in any way by Tenant under the Work Agreement attached hereto as Exhibit "B" and made a part hereof, or Tenant's Representatives, the Premises shall be deemed substantially completed for purposes of this Section on the date when they would have been substantially completed but for such delay. (bii) Tenant's taking possession of the Premises shall be conclusive evidence that the Premises were in good order, condition and repair when Tenant took possession, except for those matters (for which Landlord is responsible as provided in this Lease) of which Tenant gives Landlord notice within 10 days after taking possession. Landlord shall complete or repair such matters as soon as reasonably possible. (c) If Landlord is unable to ------------ deliver possession of the Premises for any other reason, including but not limited to holding over by prior occupants, except to the extent that Tenant, its contractors, agents or employees in any way contribute to either such failures. If Landlord so fails for a ninety (90) day initial grace period, or such additional time as may be necessary due to fire or other casualty, strikes, lock-outs or other labor troubles, weather conditions, shortages of material, equipment or labor, governmental requirements, power shortages or outages, acts or omissions of Tenant within 180 days after the Expected Commencement Date or other Persons, or other causes beyond Landlord's reasonable control (the Outside Commencement Datecollectively, "force majeure events"), then Tenant, as its sole remedy, may Tenant shall have the right to terminate this Lease by written notice to Landlord given any time thereafter up until Landlord substantially completes any such improvements and delivers the Premises to Tenant, which written notice of Tenant shall specify that this Lease shall terminate unless Landlord substantially completes any such improvements and delivers the Premises to Tenant within 10 thirty (30) days after of the Outside Commencement Datedelivery date of such written notice (which 30 day period shall be subject to extension for force majeure events). The Outside Any such delay in the Commencement Date shall not subject Landlord to liability for loss or damage resulting therefrom, and Tenant's sole recourse with respect thereto shall be extended by the period abatement of Rent and right to terminate this Lease described above. Upon any delay described in Section 1(a). such termination, Landlord and Tenant shall not be liable to Tenant or entirely relieved of their respective obligations hereunder, and any third party for its failure to deliver possession of the Premises Security Deposit and Rent payments shall be returned to Tenant. If the Commencement Date does is delayed, the Expiration Date shall not occur within one year after be similarly extended, unless Landlord shall so elect (in which case, the Expected Commencement Dateparties shall confirm the same in writing). During, this Lease shall terminate and Landlord and any period that Tenant shall have no further obligations be permitted to enter the other, except as may otherwise be provided in this Lease. (d) After Premises prior to the Commencement Date has been determinedother than to occupy the same (e.g., Landlord and to perform alterations or improvements), Tenant shall execute a supplemental agreement specifying comply with all terms and provisions of this Lease, except those provisions requiring the payment of Rent. If Tenant shall be permitted to enter the Premises prior to the Commencement DateDate for the purpose of occupying the same, Termination Date and Rent shall commence on such other information as date. Landlord shall reasonably requirepermit early entry, provided the Premises are legally available and Landlord has completed any work required under this Lease or any separate agreement entered in connection herewith.

Commencement of Term. (a) The Premises Commencement Date set forth in Article I shall be deemed delayed and Rent shall be abated to the extent that Landlord fails: (i) to substantially completed upon complete any improvements to the issuance of a certificate of substantial completion by Landlord's architect or a certificate of occupancy by the local building authority, notwithstanding that minor or insubstantial details of construction, mechanical adjustment or decoration remain Premises required to be performed. If the substantial completion of the Premises performed by Landlord is delayed in under any way separate agreement signed by Tenant both parties, or Tenant's Representatives, the Premises shall be deemed substantially completed for purposes of this Section on the date when they would have been substantially completed but for such delay. (bii) Tenant's taking possession of the Premises shall be conclusive evidence that the Premises were in good order, condition and repair when Tenant took possession, except for those matters (for which Landlord is responsible as provided in this Lease) of which Tenant gives Landlord notice within 10 days after taking possession. Landlord shall complete or repair such matters as soon as reasonably possible. (c) If Landlord is unable to deliver possession of the Premises for any other reason including but not limited to Tenant within 180 days after holding over by prior occupants, except to the Expected Commencement Date (the Outside Commencement Date), then extent that Tenant, as its sole remedycontractors, may agents or employees in any way contribute to either such failures. If Landlord so fails for a thirty (30) day initial grace period, Tenant shall have the right to terminate this Lease by written notice to Landlord given within 10 days after any time thereafter up until Landlord substantially completes any such improvements and delivers the Outside Commencement DatePremises to Tenant. The Outside Any such delay in the Commencement Date shall not subject Landlord to liability for loss or damage resulting therefrom, and Tenant's sole recourse with respect thereto shall be extended by the period abatement of Rent and right to terminate this Lease described above. Upon any delay described in Section 1(a). such termination, Landlord and Tenant shall not be liable to Tenant or entirely relieved of their obligations hereunder, and any third party for its failure to deliver possession of the Premises Security Deposit and Rent payments shall be returned to Tenant. If the Commencement Date does is delayed, the Expiration Date shall not occur within one year after be similarly extended, unless Landlord shall so elect (in which case, the Expected Commencement Date, this Lease parties shall terminate and Landlord and confirm the same in writing). During any period that Tenant shall have no further obligations be permitted to enter the other, except as may otherwise be provided in this Lease. (d) After Premises prior to the Commencement Date other than to occupy the same (e.g., to perform alterations or improvements), Tenant shall comply with all terms and provisions of this Lease, except those provisions requiring the payment of Rent. Tenant shall be permitted to enter the Premises during the period of Landlord's construction after Landlord has given Tenant notice that Landlord's Work has been determined, Landlord substantially completed or completed to the point at which Tenant's occupancy will not affect the completion of Landlord's Work and notwithstanding the fact that Tenant shall execute so enters the Premises or a supplemental agreement specifying portion thereof prior to the Commencement DateDate for the purpose of occupying the same, Termination Rent shall not commence on such date in the event Landlord's notice is given to Tenant after January 1, 1997, the Commencement Date shall be delayed and the Expiration Date shall be extended by the number of days between January 1, 1997 and the date on which such other information as Landlord shall reasonably requirenotice is given to Tenant.

Commencement of Term. (a) Section 2.01. The term of this Lease and the payment of minimum rent hereunder shall commence on the date that Landlord's work in the Demised Premises shall be deemed substantially completed upon (the issuance of a certificate of substantial completion by Landlord's architect or a certificate of occupancy by the local building authority, notwithstanding that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed"Commencement Date"). If the substantial completion of the Premises by Landlord is delayed in any way by Tenant or Tenant's Representatives, the The Demised Premises shall be deemed substantially completed when Landlord has substantially performed the work required to be performed pursuant to Schedule B hereof, and Landlord has given Tenant notice thereof as hereinafter provided. Except as set forth on Schedule B, Landlord shall have no obligation to perform any other work in connection with preparing the Demised Premises for purposes of this Section on the date when they would have been substantially completed but for such delay. (b) Tenant's taking occupancy. Within five (5) days after Landlord has delivered possession of the Premises shall be conclusive evidence that the Premises were in good order, condition and repair when Tenant took possession, except for those matters (for which Landlord is responsible as provided in this Lease) of which Tenant gives Landlord notice within 10 days after taking possession. Landlord shall complete or repair such matters as soon as reasonably possible. (c) If Landlord is unable to deliver possession of the Demised Premises to Tenant within 180 days after the Expected Commencement Date (the Outside Commencement Date), then Tenant, as its sole remedy, may terminate this Lease by notice to Landlord given within 10 days after the Outside Commencement Date. The Outside Commencement Date shall be extended by the period of any delay described in Section 1(a). Landlord shall not be liable to Tenant or any third party for its failure to deliver possession of the Premises to Tenant. If the Commencement Date does not occur within one year after the Expected Commencement Date, this Lease shall terminate and Landlord and Tenant shall have no further obligations to the other, except as may otherwise be provided in this Lease. (d) After the Commencement Date has been determinedwith Landlord's work substantially completed, Landlord and Tenant shall execute inspect the Demised Premises and agree on a supplemental agreement specifying punch list of the items to be completed. Landlord's work shall be deemed to be substantially completed even though minor details or adjustments, none of which materially interfere with Tenant's access to and use of the Demised Premises may not then have been completed, but Landlord agrees, at its sole cost and expense, to promptly thereafter complete all unfinished work. However, if Tenant shall enter into possession of the Demised Premises and commence the conduct of its business, the Commencement DateDate shall be the date of such entry regardless of whether the foregoing events shall have occurred. If Landlord's work in the Demised Premises has not been substantially completed within one hundred fifty (150) days from the date the building permit referred to in Schedule B has been obtained (subject to unavoidable delays as provided in Article 34), Termination Date and then in addition to the abatement provided in Section 3.02, Tenant shall be entitled to an abatement of the minimum rent only of one (1) day for each one (1) business day that such other information as Landlord shall reasonably requirework has not been substantially completed until the date of substantial completion.

Commencement of Term. (a) The Premises Lease shall be deemed substantially completed effective as of the Effective Date, and shall continue thereafter for the period of the Lease Term set forth in Section 1.3, which Lease Term shall be computed from the first day of the first full calendar month immediately following the Rent Commencement Date or from the Rent Commencement Date if the Rent Commencement occurs on the first day of the month, unless sooner terminated as hereinafter provided. The term "Lease Year" shall mean each consecutive twelve (12) month period from and after the Rent Commencement Date until expiration of the Lease Term. The term "Lease Term" shall collectively mean the original Lease Term and any Options duly and timely exercised by Tenant. Xxxxxx agrees to accept possession of the Premises upon the issuance of a certificate of substantial completion by Landlord's architect or a certificate of occupancy by the local building authority, notwithstanding that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed. If the substantial completion of the Premises by "Landlord's Work" as described in Exhibit "C" (“Delivery Date”). Notice from Landlord is delayed of the substantial completion of Landlord's Work in any way by Tenant or Tenant's Representatives, the Premises in accordance with Exhibit "C" shall be deemed substantially completed for purposes of this Section on conclusive and binding upon the date when they would have been substantially completed but for parties hereto. If Landlord inadvertently fails to give Tenant such delay. (b) Tenant's notice prior to Tenant taking possession of the Premises Premises, such notice shall be conclusive evidence deemed given as of the date Tenant takes possession of the Premises. In the event that the Premises were in good order, condition and repair when Tenant took possession, except for those matters (for which Landlord is responsible as provided in this Lease) of which Tenant gives Landlord notice within 10 days after taking possession. Landlord shall complete or repair such matters as soon as reasonably possible. (c) If Landlord is unable to deliver has not delivered possession of the Premises to Tenant within 180 days after two (2) years from the Expected Commencement Date (the Outside Commencement Date), then Tenant, as its sole remedy, may terminate this Lease by notice to Landlord given within 10 days after the Outside Commencement Date. The Outside Commencement Date shall be extended by the period of any delay described in Section 1(a). Landlord shall not be liable to Tenant or any third party for its failure to deliver possession of the Premises to Tenant. If the Commencement Date does not occur within one year after the Expected Commencement Effective Date, this Lease shall terminate automatically terminate, and Landlord and Tenant shall have no further obligations be relieved from any and all liability hereunder. Such automatic termination shall be Tenant's sole and exclusive remedy at law or in equity for Landlord's failure to the other, except as complete Landlord's Work on a timely basis. Landlord may otherwise be provided in give Tenant thirty (30) days to terminate this Lease. (d) After the Commencement Date has been determined, Landlord and Tenant shall execute a supplemental agreement specifying the Commencement Date, Termination Date and such other information as Landlord shall reasonably require.

Commencement of Term. (a) The Premises Commencement Date set forth in Article 1 shall be deemed delayed and Rent shall be abated to the extent that Landlord fails: (i) to substantially completed upon complete any improvements to the issuance of a certificate of substantial completion by Landlord's architect or a certificate of occupancy by the local building authority, notwithstanding that minor or insubstantial details of construction, mechanical adjustment or decoration remain Premises required to be performed. If the substantial completion of the Premises performed by Landlord is delayed in under any way separate agreement signed by Tenant both parties, or Tenant's Representatives, the Premises shall be deemed substantially completed for purposes of this Section on the date when they would have been substantially completed but for such delay. (bii) Tenant's taking possession of the Premises shall be conclusive evidence that the Premises were in good order, condition and repair when Tenant took possession, except for those matters (for which Landlord is responsible as provided in this Lease) of which Tenant gives Landlord notice within 10 days after taking possession. Landlord shall complete or repair such matters as soon as reasonably possible. (c) If Landlord is unable to deliver possession of the Premises for any other reason, including but not limited to Tenant within 180 days after holding over by prior occupants, except to the Expected Commencement Date (the Outside Commencement Date), then extent that Tenant, its contractors, agents or employees in any way contribute to either such failures. If landlord so fails for a sixty (60) day initial grace period, or such additional time as its sole remedymay be necessary due to fire or other casualty, may strikes, lock-outs or other labor troubles, shortages of equipment or materials, governmental requirements, power shortages or outages, acts or omissions of Tenant or other Persons, or other causes beyond Landlord's reasonable control, Tenant shall have the right to terminate this Lease by written notice to Landlord given within 10 days after any time thereafter up until Landlord substantially completes any such improvements and delivers the Outside Commencement DatePremises to Tenant. The Outside Any such delay in the Commencement Date shall not subject Landlord to liability for loss or damage resulting therefrom, and Tenant's sole recourse with respect thereto shall be extended by the period abatement of Rent and right to terminate this Lease described above. Upon any delay described in Section 1(a). such termination, Landlord and Tenant shall not be liable to Tenant or entirely relieved of their obligations hereunder, and any third party for its failure to deliver possession of the Premises Security Deposit and Rent payments shall be returned to Tenant. If the Commencement Date does is delayed, the Expiration Date shall not occur within one year after be similarly extended, unless Landlord shall so elect (in which case, the Expected Commencement Date, this Lease parties shall terminate and Landlord and confirm the same in writing). During any period that Tenant shall have no further obligations be permitted to enter the other, except as may otherwise be provided in this Lease. (d) After Premises prior to the Commencement Date has been determinedother than to occupy the same (e.g., Landlord and to perform alterations or improvements), Tenant shall execute comply with all terms and provisions of this Lease, except those provisions requiring the payment of Rent. If Tenant shall be permitted to enter the Premises prior to the Commencement Date for the purpose of occupying the same, Rent shall commence on such date, and if Tenant shall commence occupying only a supplemental agreement specifying portion of the Premises prior to the Commencement Date, Termination Date and such other information as Rent shall be prorated based on the number of rentable square feet occupied by Tenant. Landlord shall reasonably requirepermit early entry, provided the Premises are legally available and Landlord has completed any work required under this Lease or any separate agreement entered in connection herewith.

Commencement of Term. (a) The Premises Commencement Date set forth in Article 1 shall be deemed delayed and Rent shall be abated to the extent that Landlord fails: (i) to substantially completed upon complete any improvements to the issuance of a certificate of substantial completion by Landlord's architect or a certificate of occupancy by the local building authority, notwithstanding that minor or insubstantial details of construction, mechanical adjustment or decoration remain Premises required to be performed. If the substantial completion of the Premises performed by Landlord is delayed in under any way separate agreement signed by Tenant both parties, or Tenant's Representatives, the Premises shall be deemed substantially completed for purposes of this Section on the date when they would have been substantially completed but for such delay. (bii) Tenant's taking possession of the Premises shall be conclusive evidence that the Premises were in good order, condition and repair when Tenant took possession, except for those matters (for which Landlord is responsible as provided in this Lease) of which Tenant gives Landlord notice within 10 days after taking possession. Landlord shall complete or repair such matters as soon as reasonably possible. (c) If Landlord is unable to deliver possession of the Premises for any other reason, including, but not limited to, holding over by prior occupants, except to the extent that Tenant, its contractors, agents or employees in any way contribute to either such failures. If Landlord so fails for a ninety (90) day initial grace period, or such additional time as may be necessary due to fire or other casualty, strikes, lock-outs or other labor troubles, shortages of equipment or materials, governmental requirements, power shortages or outages, acts or omissions of Tenant or other Persons, or other causes beyond Landlord's reasonable control, Tenant shall have the right, at any time thereafter until Landlord substantially completes any such improvements and delivers the Premises to Tenant, to give Landlord written notice that Tenant wishes to terminate this Lease. This Lease shall thereupon terminate thirty (30) days after Landlord's receipt of such notice unless Landlord substantially completes any such improvements and delivers possession to Tenant within 180 days after on or before expiration of such thirty (30) day period. Any such delay in the Expected Commencement Date (shall not subject Landlord to liability for loss or damage resulting therefrom, and Tenant's sole recourse with respect thereto shall be the Outside Commencement Date), then Tenant, as its sole remedy, may abatement of Rent and right to terminate this Lease by notice to described above. Upon any such termination, Landlord given within 10 days after the Outside Commencement Date. The Outside Commencement Date and Tenant shall be extended by the period entirely relieved of their obligations hereunder and any delay described in Section 1(a). Landlord Security Deposit and Rent payments shall not be liable to Tenant or any third party for its failure to deliver possession of the Premises returned to Tenant. If the Commencement Date does is delayed, the Expiration Date shall not occur within one year after be similarly extended unless Landlord shall so elect (in which case, the Expected Commencement Date, this Lease parties shall terminate and Landlord and confirm the same in writing). During any period that Tenant shall have no further obligations be permitted to enter the other, except as may otherwise be provided in this Lease. (d) After Premises prior to the Commencement Date has been determinedother than to occupy the same (e.g., Landlord and to perform alterations or improvements), Tenant shall execute comply with all terms and provisions of this Lease, except those provisions requiring the payment of Rent. If Tenant shall be permitted to enter the Premises prior to the Commencement Date for the purpose of occupying the same, Rent shall commence on such date, and if Tenant shall commence occupying only a supplemental agreement specifying portion of the Premises prior to the Commencement Date, Termination Date and such other information as Rent shall be prorated based on the number of rentable square feet occupied by Tenant. Landlord shall reasonably requirepermit early entry, provided the Premises are legally available and Landlord has completed any work required under this Lease or any separate agreement entered in connection herewith.

Commencement of Term. (a) The Premises Commencement Date set forth in Article 1 shall be deemed delayed and Rent shall be abated to the extent that Landlord fails: (i) to substantially completed upon complete any improvements to the issuance of a certificate of substantial completion by Landlord's architect or a certificate of occupancy by the local building authority, notwithstanding that minor or insubstantial details of construction, mechanical adjustment or decoration remain Premises required to be performed. If the substantial completion of the Premises performed by Landlord is delayed in under any way separate agreement signed by Tenant both parties, or Tenant's Representatives, the Premises shall be deemed substantially completed for purposes of this Section on the date when they would have been substantially completed but for such delay. (bii) Tenant's taking possession of the Premises shall be conclusive evidence that the Premises were in good order, condition and repair when Tenant took possession, except for those matters (for which Landlord is responsible as provided in this Lease) of which Tenant gives Landlord notice within 10 days after taking possession. Landlord shall complete or repair such matters as soon as reasonably possible. (c) If Landlord is unable to deliver possession of the Premises for any other reason, including but not limited to Tenant within 180 days after holding over by prior occupants, except to the Expected Commencement Date (the Outside Commencement Date), then extent that Tenant, as its sole remedycontractors, may agents or employees in any way contribute to either such failures. If Landlord so fails for a thirty (30) day initial grace period, Tenant shall have the right to terminate this Lease by written notice to Landlord given within 10 days after any time thereafter up until Landlord substantially completes any such improvements and delivers the Outside Commencement DatePremises to Tenant. The Outside Any such delay in the Commencement Date shall not subject Landlord to liability for loss or damage resulting therefrom, and Tenant's sole recourse with respect thereto shall be extended by the period abatement of Rent and right to terminate this Lease described above. Upon any delay described in Section 1(a). such termination, Landlord and Tenant shall not be liable to Tenant or entirely relieved of their obligations hereunder, and any third party for its failure to deliver possession of the Premises Security Deposit and Rent payments shall be returned to Tenant. If the Commencement Date does is delayed, the Expiration Date shall not occur within one year after be similarly extended, unless Landlord shall so elect (in which case, the Expected Commencement Date, this Lease parties shall terminate and Landlord and confirm the same in writing). During any period that Tenant shall have no further obligations be permitted to enter the other, except as may otherwise be provided in this Lease. (d) After Premises prior to the Commencement Date other than to occupy the same (e.g., to perform alterations or improvements), Tenant shall comply with all terms and provisions of this Lease, except those provisions requiring the payment of Rent. Tenant shall be permitted to enter the Premises during the period of Landlord's construction after Landlord has given Tenant notice that Landlord's Work has been determined, Landlord substantially completed or completed to the point at which Tenant's occupancy will not affect the completion of Landlord's Work and notwithstanding the fact that Tenant shall execute so enters the Premises or a supplemental agreement specifying portion thereof prior to the Commencement DateDate for the purpose of occupying the same, Termination Rent shall not commence on such date. In the event Landlord's notice is given to Tenant after January 1, 1997, the Commencement Date shall be delayed and the Expiration Date shall be extended by the number of days between January 1, 1997 and the date on which such other information as Landlord shall reasonably requirenotice is given to Tenant.

Commencement of Term. (a) The Premises Commencement Date set forth in Article 1 shall be deemed delayed and Rent shall be abated to the extent that Landlord fails: (i) to substantially completed upon complete any improvements to the issuance of a certificate of substantial completion by Landlord's architect or a certificate of occupancy by the local building authority, notwithstanding that minor or insubstantial details of construction, mechanical adjustment or decoration remain Premises required to be performed. If the substantial completion of the Premises performed by Landlord is delayed in under any way separate agreement signed by Tenant both parties, or Tenant's Representatives, the Premises shall be deemed substantially completed for purposes of this Section on the date when they would have been substantially completed but for such delay. (bii) Tenant's taking possession of the Premises shall be conclusive evidence that the Premises were in good order, condition and repair when Tenant took possession, except for those matters (for which Landlord is responsible as provided in this Lease) of which Tenant gives Landlord notice within 10 days after taking possession. Landlord shall complete or repair such matters as soon as reasonably possible. (c) If Landlord is unable to deliver possession of the Premises for any other reason, including but not limited to Tenant within 180 days after holding over by prior occupants, except to the Expected Commencement Date (the Outside Commencement Date), then extent that Tenant, its contractors, agents or employees in any way contribute to either such failures. If Landlord so fails for a ninety (90) day initial grace period, or such additional time as its sole remedymay be necessary due to fire or other casualty, may strikes, lock-outs or other labor troubles, shortages of equipment or materials, governmental requirements, power shortages or outages, acts or omissions of Tenant or other Persons, or other causes beyond Landlord's reasonable control, Tenant shall have the right to terminate this Lease by written notice to Landlord given within 10 days after any time thereafter up until Landlord substantially completes any such improvements and delivers the Outside Commencement DatePremises to Tenant. The Outside Any such delay in the Commencement Date shall not subject Landlord to liability for loss or damage resulting therefrom, and Tenant's sole recourse with respect thereto shall be extended by the period abatement of Rent and right to terminate this Lease described above. Upon any delay described in Section 1(a). such termination, Landlord and Tenant shall not be liable to Tenant or entirely relieved of their obligations hereunder, and any third party for its failure to deliver possession of the Premises Security Deposit and Rent payments shall be returned to Tenant. If the Commencement Date does is delayed, the Expiration Date shall not occur within one year after be similarly extended, unless Landlord shall so elect (in which case, the Expected Commencement Date, this Lease parties shall terminate and Landlord and confirm the same in writing). During any period that Tenant shall have no further obligations be permitted to enter the other, except as may otherwise be provided in this Lease. (d) After Premises prior to the Commencement Date has been determinedother than to occupy the same (e.g., Landlord and to perform alterations or improvements), Tenant shall execute comply with all terms and provisions of this Lease, except those provisions requiring the payment of Rent. If Tenant shall be permitted to enter the Premises prior to the Commencement Date for the purpose of occupying the same, Rent shall commence on such date, and if Tenant shall commence occupying only a supplemental agreement specifying portion of the Premises prior to the Commencement Date, Termination Date and such other information as Rent shall be prorated based on the number of rentable square feet occupied by Tenant. Landlord shall reasonably requirepermit early entry, provided the Premises are legally available and Landlord has completed any work required under this Lease or any separate agreement entered in connection herewith.

Commencement of Term. (a) The Premises Commencement Date set forth in Article 1 shall be deemed delayed and Rent shall be abated to the extent that Landlord fails: (i) to substantially completed upon complete any improvements to the issuance of a certificate of substantial completion by Landlord's architect or a certificate of occupancy by the local building authority, notwithstanding that minor or insubstantial details of construction, mechanical adjustment or decoration remain Premises required to be performed. If the substantial completion of the Premises performed by Landlord is delayed in under any way separate agreement signed by Tenant both parties, or Tenant's Representatives, the Premises shall be deemed substantially completed for purposes of this Section on the date when they would have been substantially completed but for such delay. (bii) Tenant's taking possession of the Premises shall be conclusive evidence that the Premises were in good order, condition and repair when Tenant took possession, except for those matters (for which Landlord is responsible as provided in this Lease) of which Tenant gives Landlord notice within 10 days after taking possession. Landlord shall complete or repair such matters as soon as reasonably possible. (c) If Landlord is unable to deliver possession of the Premises for any other reason, including but not limited to holding over by prior occupants, except to the extent that Tenant, its contractors, agents or employees in any way contribute to either such failures. If Landlord so fails for a ninety (90) day initial grace period, or such additional time as may be necessary due to fire or other casualty, strikes, lockouts or other labor troubles, shortages of equipment or materials, governmental requirements, power shortages or outages, acts or omissions of Tenant within 180 days after the Expected Commencement Date or other Persons (the Outside Commencement Dateas defined in Article 25.09), then Tenantor other causes beyond Landlord's reasonable control, as its sole remedy, may Tenant shall have the right to terminate this Lease by written notice to Landlord given within 10 days after any time thereafter up until Landlord substantially completes any such improvements and delivers the Outside Commencement DatePremises to Tenant. The Outside Any such delay in the Commencement Date shall not subject Landlord to liability for loss or damage resulting therefrom, and Tenant's sole recourse with respect thereto shall be extended by the period abatement of Rent and right to terminate this Lease described above. Upon any delay described such termination, Landlord and Tenant shall be entirely relieved of their obligations hereunder, and any Security Deposit (as defined in Section 1(a). Landlord Article 35) and Rent payments shall not be liable to Tenant or any third party for its failure to deliver possession of the Premises returned to Tenant. If the Commencement Date does is delayed, the Expiration Date shall not occur within one year after be similarly extended, unless Landlord shall so elect (in which case, the Expected Commencement Date, this Lease parties shall terminate and Landlord and confirm the same in writing). During any period that Tenant shall have no further obligations be permitted to enter the other, except as may otherwise be provided in this Lease. (d) After Premises prior to the Commencement Date has been determinedother than to occupy the same (e.g., Landlord and to perform alterations or improvements), Tenant shall execute comply with all terms and provisions of this Lease, except those provisions requiring the payment of Rent. If Tenant shall be permitted to enter the Premises prior to the Commencement Date for the purpose of occupying the same, Rent shall commence on such date, and if Tenant shall commence occupying only a supplemental agreement specifying portion of the Premises prior to the Commencement Date, Termination Date and such other information as Rent shall be prorated based on the number of rentable square feet occupied by Tenant. Landlord shall reasonably requirepermit early entry, provided the Premises are legally available and Landlord has completed any work required under this Lease or any separate agreement entered in connection herewith.

Commencement of Term. (a) The Premises shall be deemed substantially completed upon the issuance of a certificate of substantial completion by Landlord's architect or a certificate of occupancy by the local building authority, notwithstanding that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed. If the substantial completion Upon Substantial Completion of the Premises by Landlord is delayed in any way by Tenant or Tenant's RepresentativesImprovements, the Premises shall be deemed substantially completed for purposes of this Section on the date when they would have been substantially completed but for such delay. (b) Tenant's taking possession of the Premises shall be conclusive evidence that the Premises were in good order, condition and repair when Tenant took possession, except for those matters (for which Landlord is responsible as provided in this Lease) of which Tenant gives Landlord notice within 10 days after taking possession. Landlord shall complete or repair such matters as soon as reasonably possible. (c) If Landlord is unable to deliver possession of the Premises to Tenant within 180 days after the Expected Commencement Date (the Outside Commencement Date), then Tenant, as its sole remedy, may terminate this Lease by notice to Landlord given within 10 days after the Outside Commencement Date. The Outside Commencement Date shall be extended by the period of any delay described in Section 1(a). Landlord shall not be liable to Tenant or any third party for its failure to deliver possession of the Premises to Tenant. If Landlord has not Substantially Completed the Tenant Improvements and tendered possession of the Premises to Tenant on or before the Scheduled Commencement Date, or if Landlord, using its best efforts, is unable for any other reason to deliver possession of the Premises to Tenant on or before such date, neither Landlord nor its representatives shall be liable to Tenant for any damage resulting from the delay in completing such construction obligations and/or delivering possession to Tenant and the Lease shall remain in full force and effect unless and until it is terminated under the express provisions of this Paragraph. In such event, the Commencement Date does not occur within one year after shall be the Expected Commencement Dateactual date of delivery of possession of the Substantially Completed Premises to Tenant; provided, this Lease shall terminate however, that if and Landlord and Tenant shall have no further obligations to the other, except as may otherwise be provided extent that any delays in this Lease. (d) After the Commencement Date has been determinedare attributable to (i) delays by Tenant in submitting information to the Space Planner or in approving Construction Documents, Landlord (ii) any delays in obtaining any items or materials constituting part of the Above Standard Tenant Improvements requested by Tenant, or (iii) any other delay requested by or caused by Tenant Delay, then the term of the Lease shall commence and Tenant shall execute a supplemental agreement specifying the Commencement Date, Termination Date shall be deemed to have occurred on the date which Landlord would have Substantially Completed the Premises and tendered the premises to Tenant but for such other information as Landlord shall reasonably requireTenant Delay.

Commencement of Term. (a) The Premises Commencement Date set forth in Article I shall be deemed delayed and Rent shall be abated to the extent that Landlord fails: (i) to substantially completed upon complete any improvements to the issuance of a certificate of substantial completion by Landlord's architect or a certificate of occupancy by the local building authority, notwithstanding that minor or insubstantial details of construction, mechanical adjustment or decoration remain Premises required to be performed. If the substantial completion of the Premises performed by Landlord is delayed in under any way separate agreement signed by Tenant both parties, or Tenant's Representatives, the Premises shall be deemed substantially completed for purposes of this Section on the date when they would have been substantially completed but for such delay. (bii) Tenant's taking possession of the Premises shall be conclusive evidence that the Premises were in good order, condition and repair when Tenant took possession, except for those matters (for which Landlord is responsible as provided in this Lease) of which Tenant gives Landlord notice within 10 days after taking possession. Landlord shall complete or repair such matters as soon as reasonably possible. (c) If Landlord is unable to deliver possession of the Premises for any other reason, including but not limited to Tenant within 180 days after holding over by prior occupants, except to the Expected Commencement Date (the Outside Commencement Date), then extent that Tenant, its contractors, agents, or employees in any way contribute to either such failures. If Landlord so fails for a ninety (90) day initial grace period, or such additional time as its sole remedymay be necessary due to fire or other casualty, may strikes, lock-outs or other labor troubles, shortages of equipment or materials, governmental requirements, power shortages or outages, acts or omissions of Tenant or other Persons, or other causes beyond Landlord's control, Tenant shall have the right to terminate this Lease by written notice to Landlord given within 10 days after at any time thereafter up until Landlord substantially completes any such improvements and delivers the Outside Commencement DatePremises to Tenant. The Outside Any such delay in the Commencement Date shall not subject Landlord to liability for loss or damage resulting therefrom, and Tenant's sole recourse with respect thereto shall be extended by the period abatement of Rent and right to terminate this Lease described above. Upon any delay described in Section 1(a). such termination, Landlord and Tenant shall not be liable to Tenant or entirely relieved of their obligations hereunder, and any third party for its failure to deliver possession of the Premises Security Deposit and Rent payments shall be returned to Tenant. If the Commencement Date does not occur within one year after is delayed, the Expected Commencement Date, this Lease Expiration Date shall terminate and Landlord and be similarly extended. During any period that Tenant shall have no further obligations be permitted to enter the other, except as may otherwise be provided in this Lease. (d) After Promises prior to the Commencement Date has been determinedother than to occupy the same (e.g., Landlord and to perform alterations or improvements), Tenant shall execute comply with all terms and provisions of this Lease, except those provisions requiring the payment of Rent. If Tenant shall be permitted to enter the Premises prior to the Commencement Date for the purpose of occupying the same, Rent shall commence on such date, and if Tenant shall commence occupying only a supplemental agreement specifying portion of the Premises prior to the Commencement Date, Termination Date and such other information as Rent shall be prorated based on the number of rentable square feet occupied by Tenant. Landlord shall reasonably requirepermit early entry, provided the Premises are legally available and Landlord has completed any work required under this Lease or any separate agreement entered in connection herewith.

Commencement of Term. (a) The Premises shall be deemed substantially completed upon the issuance of a certificate of substantial completion by Landlord's architect or a certificate of occupancy by the local building authority, notwithstanding that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed. If the substantial completion of the Premises by Landlord is delayed in any way by Tenant or Tenant's Representatives, the Premises shall be deemed substantially completed for purposes of this Section on the date when they would have been substantially completed but for such delay. (b) Tenant's taking possession of the Premises shall be conclusive evidence that the Premises were in good order, condition and repair when Tenant took possession, except for those matters (for which Landlord is responsible as provided in this Lease) of which Tenant gives Landlord notice within 10 days after taking possession. Landlord shall complete or repair such matters as soon as reasonably possible. (c) If Landlord is unable to deliver possession of the Premises to Tenant within 180 days after the Expected Commencement Date (the Outside Commencement Date), then Tenant, as its sole remedy, may terminate this Lease by notice to Landlord given within 10 days after the Outside Commencement Date. The Outside Commencement Date shall be extended by the period of any delay described in Section 1(a). Landlord shall not be liable to Tenant or any third party for its failure to deliver possession of the Premises to Tenant. If the Commencement Date does not occur within one year after the Expected Commencement Dateby January 15, this Lease shall terminate and Landlord and 2000, Tenant shall have no further obligations the right to terminate this Lease by written notice to Landlord any time thereafter up until the other, except as may otherwise be provided in this Lease. (d) After date on which the Commencement Date has been determinedoccurs. Upon any such termination, Landlord and Tenant shall execute a supplemental agreement specifying be entirely relieved of their obligations hereunder, and any Security Deposit and Rent payments shall be returned to Tenant. Any delay in the Commencement DateDate shall not subject Landlord to liability for loss or damage resulting therefrom, Termination and Tenant's sole recourse with respect thereto shall be the right to terminate this Lease described above. Landlord and Tenant shall enter into a supplement to this Lease setting forth the Commencement Date promptly after delivery to Tenant of the Premises with the Landlord's Work substantially completed. So long as Tenant, its architects, engineers, designers and contractors do not interfere with substantial completion of Landlord's Work, such other information persons shall be permitted access to the Premises prior to the Commencement Date for the purpose of designing, planning and constructing Tenant's Work. If Tenant shall be permitted to enter the Premises prior to the Commencement Date for the purpose of occupying the same or commencing Tenant's Work under the Workletter attached hereto as Landlord Exhibit C, Tenant shall reasonably requirecomply with all terms and provisions of this Lease, except those provisions requiring the payment of Rent. For purposes of this Article 5, Landlord's Work shall be substantially complete when Landlord's Work has been completed except for such incomplete items as would not materially interfere with the Commencement and substantial completion of Tenant's Work under the Workletter.