Common use of Delivery of Possession Clause in Contracts

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's request.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord candoes not deliver possession of the Premises to Tenant on the Commencement Date, this Lease will and such failure is not caused by an act or omission of Tenant, the Expiration Date shall be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage extended by the number of days the Commencement Date has been delayed and the Term validity of this Lease shall not be extended by a delayed impaired nor shall Landlord be subject to any liability for such failure; but Rent shall be abated until delivery of possession. The preceding sentence notwithstandingProvided, however, if the Commencement Date has been delayed by an act or omission of Tenant then Rent shall not be abated until delivery of possession and the Expiration Date shall not be extended. Delivery of possession shall be deemed to occur on the earlier of the date Landlord fails receives a Certificate of Occupancy or upon substantial completion of Landlord’s Work in the Premises as set forth in Exhibit D, attached hereto (as certified by Landlord’s architect) and complete sign off of the building permit by the building inspector. As used herein, Landlord shall be deemed to deliver have substantially completed Landlord’s Work as set forth on Exhibit D attached hereto notwithstanding that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed in the Premises or any part thereof, the non-completion of which does not materially interfere with Tenant’s use of the Premises or the construction of Tenant’s Work. If Landlord permits Tenant to enter into possession of the Premises before the Commencement Date, such possession shall be subject to the provisions of this Lease, including, without limitation, the payment of Rent (unless otherwise agreed in writing). Notwithstanding the foregoing, provided the same does not unreasonably interfere with Landlord’s work, Landlord shall permit Tenant within sixty (60) days after and its contractors reasonable access to’ the Premises approximately two weeks prior to the Commencement Date for any reason the purpose of installing its communication lines, equipment and furniture. Tenant’s early access is conditioned upon Tenant providing proof of insurance prior to access, and shall be further subject to all of the other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate terms and conditions of this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three Lease. Within ten (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (1510) days of delivery of possession Landlord shall deliver to Tenant and Tenant shall execute an Acceptance of Premises in which Tenant shall certify, among other things, that (a) Landlord has satisfactorily completed Landlord's request’s Work to the Premises pursuant to Exhibit “D”, unless written exception is set forth thereon, and (h) that Tenant accepts the Premises. Tenant’s failure to execute and deliver the Acceptance of Premises shall be conclusive evidence, as against Tenant, that Landlord has satisfactorily completed Landlord’s Work to the Premises pursuant to Exhibit “D”. In the event Tenant fails to take possession of the Premises following execution of this Lease, Tenant shall reimburse Landlord promptly upon demand for all costs incurred by Landlord in connection with entering into this Lease including, but not limited to, broker fees and commissions, sums paid for the preparation of a floor and/or space plan for the Premises, costs incurred in performing Landlord’s Work pursuant to Exhibit “D”, loss of rental income, attorneys’ fees and costs, and any other damages for breach of this Lease established by Landlord.

Delivery of Possession. If Landlord shall be deemed is delayed in Landlord’s ability to have delivered deliver possession of all or any portion of the Premises to Tenant as otherwise required herein whether because of strikes, labor difficulties, difficulties in obtaining materials, fire, governmental regulations, or any other circumstances beyond Landlord’s reasonable control (including, without limitation, the failure of existing tenants to vacate), then such delay shall not constitute a breach or default on the part of the Landlord under this Lease or give rise to any claims of damage or expenses of any kind against the Landlord by Tenant, either direct or consequential; provided that if Landlord is unable to deliver possession of the entire Premises or if Landlord has not completed Landlord’s Work by the Term Commencement Date, as it may then Tenant’s sole and exclusive remedy at law and in equity shall be that the Term Commencement Date, the Term Expiration Date and schedule of Annual Base Rent and Annual Electricity Charge shall be adjusted pursuant to reflect any such delay. Notwithstanding anything to the Workletter. contrary herein provided, Landlord shall construct notify Tenant when Landlord’s Work has advanced sufficiently to permit Tenant to install Tenant’s equipment and furnishings, or install in to perform other work to be done by Tenant. It is understood that upon such notification, the Tenant may occupy the Premises the improvements to be constructed or installed by Landlord according prior to the Workletter. If no Workletter is attached Term Commencement Date for the purposes of preparing the Premises for Tenant’s occupancy on all of the terms and conditions of the Lease except the obligation to pay Rent, provided that such occupancy by Tenant shall not interfere with Landlord’s performance of Landlord’s obligations under this Lease. However, it shall be deemed that Landlord delivered to if Tenant possession commences use of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness portion of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements purposes prior to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Term Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to then Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid pay Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that from such prior date. It is further understood and agreed that during this period, at the request of the Landlord, in each instance, Tenant will execute the Commencement Date Certificate attached shall, at Tenant’s sole expense, relocate any of Tenant’s goods and equipment as may be required by Landlord to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of complete Landlord's request’s Work.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Leased Premises "on or before the Intended Commencement Date (as is" set forth in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purposeArticle I) in their presently existing condition, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletterbroom clean. If for any reason Landlord cannot is unable to so deliver possession of the Leased Premises to Tenant in the agreed condition on or before the Intended Commencement Date, for whatever reason, Landlord shall not be in default under this Lease, nor shall this Lease will be void, voidable or cancelable to Tenant until the lapse of 60 days after the Intended Commencement Date (the "delivery grace period"); however, the Lease Commencement Date shall not be void deemed to have occurred until such date as Landlord notifies Tenant that the Leased Premises are in the agreed condition and are Ready for Occupancy. If Landlord is unable to deliver possession of the Leased Premises in the agreed condition to ten within the described delivery grace period (including any extensions thereof by reason of Force Majeure or voidablethe actions of Tenant), then Tenant's sole remedy shall be to cancel and terminate this Lease (in which case Landlord will not shall return all amounts deposited by Tenant less amounts paid to Tenant's broker), and in no event shall Landlord be liable in damages to Tenant for any resulting loss or damage and the Term of such delay,. Tenant may not cancel this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days at any time after the Commencement Date date Landlord notifies Tenant that the Leased Premises have been put into the agreed condition and are Ready for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestOccupancy.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. 3.1 If for any reason Landlord candoes not deliver possession of the Premises to Tenant on the Commencement Date, this Lease will and such failure is not caused by an act or omission of Tenant, the Expiration Date shall be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage extended by the number of days the Commencement Date has been so delayed and the Term validity of this Lease shall not be extended by a delayed impaired nor shall Landlord be subject to any liability for such failure; but Rent shall be abated until delivery of possession. The preceding sentence notwithstandingProvided, however, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused has been delayed by an act or omission of Tenant, as defined then Rent shall not be abated until delivery of possession and the Expiration Date shall not be extended. If Landlord permits Tenant to enter into possession of the Premises before the Commencement Date, such possession shall be subject to the provisions of this Lease, including, without limitation, the payment of Rent (unless otherwise agreed in writing). In the Workletterevent Tenant fails to take possession of the Premises following execution of this Lease, TenantTenant shall reimburse Landlord promptly upon demand for all costs incurred by Landlord in connection with entering into this Lease, as its sole remedyincluding, shall have but not limited to, broker fees and commissions, sums paid for the right preparation of a floor and/or space plan for the Premises, costs incurred in performing Landlord's Work pursuant to terminate Exhibit "D", loss of rental income, attorneys' fees and costs, and any other damages for breach of this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to which Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestis entitled at law or in equity.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord candoes not deliver possession of the Premises to Tenant on the Commencement Date, this Lease will and such failure is not caused by an act or omission of Tenant, the Expiration Date shall be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage extended by the number of days the Commencement Date has been delayed and the Term validity of this Lease shall not be extended by a delayed impaired nor shall Landlord be subject to any liability for such failure; but Rent shall be abated until delivery of possession. The preceding sentence notwithstandingProvided, however, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than has been delayed by an act or omission of Tenant then Rent shall not be abated until delivery of possession and the Expiration Date shall not be extended. Delivery of possession shall be deemed to occur on the date Landlord receives a Delay Caused by TenantCertificate of Occupancy or upon substantial completion of the Premises, as defined in certified by Landlord's architect. If Landlord permits Tenant to enter into possession of the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute Premises before the Commencement Date Certificate attached Date, such possession shall be subject to the provisions of this Lease as Exhibit ELease, appropriately completedincluding, within fifteen without limitation, the payment of Rent. Within ten (1510) days of delivery of possession Landlord shall deliver to Tenant and Tenant shall execute an Acceptance of Premises in which Tenant shall certify, among other things, that (a) Landlord has satisfactorily completed Landlord's requestWork to the Premises pursuant to Exhibit "D", unless written exception is set forth thereon, and (b) that Tenant accepts the Premises. Tenant's failure to execute and deliver the Acceptance of Premises shall be conclusive evidence, as against Tenant, that Landlord has satisfactorily completed Landlord's Work to the Premises pursuant to Exhibit "D". In the event Tenant fails to take possession of the Premises following execution of this Lease, Tenant shall reimburse Landlord promptly upon demand for all costs incurred by Landlord in connection with entering into this Lease including, but not limited to, broker fees and commissions, sums paid for the preparation of a floor and/or space plan for the Premises, costs incurred in performing Landlord's Work pursuant to Exhibit "D", loss of rental income, attorneys' fees and costs, and any other damages for breach of this Lease established by Landlord.

Delivery of Possession. Landlord Lessee acknowledges that the ------------- ---------------------- Premises are currently leased to another tenant. Lessor has advised Lessee that the term of said tenant's lease expires on February 29, 2000. Lessor shall be deemed to have delivered deliver possession of the Premises to Tenant Lessee on the Commencement DateApril 15, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter2000. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If Lessor for any reason Landlord canwhatsoever does not deliver possession of the Premises to Tenant Lessee on the Commencement DateApril 15, this Lease will not be void or voidable2000, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of (i) this Lease shall not be extended by a delayed delivery void or voidable nor shall Lessor be liable to Lessee for any loss or damage resulting therefrom, (ii) Lessee agrees to take possession of possession. The preceding sentence notwithstanding, if Landlord fails the Premises when Lessor is able to deliver possession thereof, and (iii) until Lessor so delivers possession of the Premises to Tenant Lessee, Lessee shall not be obligated to pay rent or other charges under this Lease, or to perform its other obligations under this Lease, except that Lessee shall deposit the first month's rent upon execution of this Lease, and (iv) the scheduled Commencement Date (i.e., April 15, 2000) and ending date (i.e. April 14, 2007) of the lease term set forth in Section 3.01 shall be extended by the period of time between April 15, 2000 and the date on which Lessor delivers possession of the Premises to Lessee. Lessor may, but is not obligated to, deliver to Lessee upon or after the Commencement Date a letter specifying the Commencement Date and the end of the seven year term; upon written request by Lessor, Lessee shall acknowledge such dates by signing a copy of such letter and returning the same to Lessor within sixty ten (6010) days after receipt thereof from Lessor. Notwithstanding the foregoing, in the event Lessor is unable to deliver possession of the Premises by July 15, 2000, then Lessee, at its sole option, shall be entitled to terminate this Lease. Any such termination shall be effectuated by written notice to Lessor within five (5) days after the Commencement Date for end of such ninety (90) day period. Time is of the essence with respect to the time of exercise of any reason other than a Delay Caused by Tenantsuch right of termination. Upon such termination, as defined in the Workletter, Tenant, as its sole remedy, neither party shall have any further obligation to the right other under this Lease, provided that Lessor shall return to terminate Lessee any sums previously deposited by Lessee with Lessor hereunder to the extent required to do so by law and this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestLease.

Delivery of Possession. Landlord shall will be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall will construct or install in the Premises the improvements Improvements as defined in the Workletter to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this LeaseExcept as expressly set forth in the Workletter, it Landlord shall be deemed that Landlord delivered deliver to Tenant possession of the Premises "as is" AS IS in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, and Landlord will not be liable to Tenant for any resulting resultant loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that datedamage. Tenant will execute and deliver to Landlord the Commencement Date and Estoppel Certificate attached to this Lease as Exhibit E, appropriately completed, E within fifteen (15) 3 days of Landlord's request.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Leased Premises on the Lease Commencement Date in its "as as-is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises Effective Date of this Lease, except for the conduct removal of Tenant's business or the personal property, trade fixtures, equipment and other property of Computer Associates International, and except for any other purposemodifications, nor has Landlord alterations, improvements, fixtures, or its agents personal property, made, installed or employees agreed to undertake any alterations or construct any Tenant improvements to brought onto the Leased Premises except as expressly provided in this Lease and the Workletterby Tenant. If for any reason Landlord cannot is unable to so deliver possession of the Leased Premises to Tenant on or before the Intended Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended in default under this Lease, nor shall this Lease be void, voidable or cancelable by a delayed delivery Tenant until the lapse of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty ninety (6090) days after the Intended Commencement Date for any reason other than a Delay Caused (the "delivery grace period"); however, if Landlord's inability to so deliver the Leased Premises to Tenant is caused by Tenant, as defined the existing tenant's hold over in the WorkletterLeased Premises beyond the term of its current lease or by Landlord's gross negligence or willful misconduct, the Lease Commencement Date shall not be deemed to have occurred until the actual date of delivery. Additionally, the delivery grace period above set forth shall be extended for such number of days as Landlord may be delayed in delivering possession of the Leased Premises to Tenant by reason of Force Majeure or the action or inaction of Tenant. If Landlord is unable to deliver possession of the Leased Premises in the agreed condition to Tenant within the described delivery grace period (including any extension thereof by reason of Force Majeure or the actions or inactions of Tenant), as its then Tenant's sole remedy, remedy shall have the right be to terminate this Lease Lease, and receive a refund of all prepaid Rent and Security Deposits provided in no event shall Landlord be liable in damages to Tenant gives written notice of termination to Landlord within three (3) days after that datefor such delay. Tenant will execute the Commencement Date Certificate attached to may not terminate this Lease as Exhibit Eat any time after the date Landlord notifies Tenant that the Leased Premises have been put into the agreed condition and are available for delivery to Tenant, appropriately completed, within fifteen (15) days of unless Landlord's request.notice is not given in good faith. 2.5

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Leased Premises "upon Substantial Completion of the Tenant Improvements as is" that term is defined in its present condition on the Commencement Date. Tenant acknowledges Work Letter attached hereto as Exhibit B. The date that neither Landlord nor its agents or employees have made any representations or warranties as the Leased Premises are so delivered to the suitability or fitness of Tenant shall be deemed the Premises for the conduct of Tenant's business or for any other purpose, nor has "Delivery Date." If Landlord or its agents or employees agreed is unable to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot so deliver possession of the Leased Premises to Tenant in the agreed condition on or before the Commencement Intended Delivery Date, this Lease will not Landlord shall have until the date that is thirty (30) days after the Intended Delivery Date (the "Delivery Grace Period") to deliver the Leased Premises. Additionally, the Delivery Grace Period above set forth shall be void or voidable, extended for such number of days as Landlord will not may be liable delayed in delivering possession of the Leased Premises to Tenant for any resulting loss by reason of Force Majeure or damage and the Term action or inaction of this Lease shall not be extended by a delayed delivery of possessionTenant. The preceding sentence notwithstanding, if If Landlord fails is unable to deliver possession of the Leased Premises in the agreed condition to Tenant within the Delivery Grace Period (including any extension thereof by reason of Force Majeure or the actions or inactions of Tenant), then Tenant shall receive as its sole remedy a credit of two (2) days of free rent for each day that the Leased Premises are not delivered to Tenant after expiration of the Delivery Grace Period (including any extension thereof by reason of Force Majeure or the actions or inactions of Tenant), which free rent shall apply to the first month in which Base Monthly Rent is due. If Landlord is unable to deliver possession of the Leased Premises in the agreed condition to Tenant within sixty (60) days after the Commencement Date for expiration of the Delivery Grace Period (including any extension thereof by reason other than a Delay Caused by of Force Majeure or the actions or inactions of Tenant), as defined in the Workletter, TenantTenant may choose, as its sole remedy, shall have the right to terminate this Lease Lease, and receive a refund in the event of all prepaid Rent and Security Deposits provided such termination Landlord shall not be liable in damages to Tenant gives written notice of termination to Landlord within three (3) days after that datefor any delay. Tenant will execute the Commencement Date Certificate attached to may not terminate this Lease as Exhibit Eat any time after the date Landlord notifies Tenant that the Leased Premises have been put into the agreed condition and are available for delivery to Tenant, appropriately completed, within fifteen (15) days of unless Landlord's requestnotice is not given in good faith. Tenant may occupy the Leased Premises commencing on the Delivery Date for purposes of installing furniture, fixtures and equipment, provided that Tenant shall be responsible for Additional Rent during such period and Tenant shall comply with all other provisions of this Lease (other than the payment of Base Monthly Rent).

Delivery of Possession. (a) Except as expressly provided otherwise in this Lease, including in Paragraphs 4(b) and 4(c) below and the Work Letter attached to this Lease, Landlord shall be deemed to have delivered deliver possession of the Premises to Tenant on and, except as provided in Paragraph 4(b) below, Tenant shall accept the Commencement Datesame, as it may be adjusted pursuant in its “AS IS” condition. Tenant agrees that Landlord has no obligation and has made no promise to alter, remodel, improve, or repair the Workletter. Landlord shall construct Premises, or install any part thereof, or to repair, bring into compliance with applicable laws, or improve any condition existing in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession as of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges agrees that neither Landlord nor its any of Landlord’s employees or agents or employees have has made any representations representation or warranties warranty as to the present or future suitability or fitness of the Premises for the conduct of Tenant's ’s business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements therein. Subject to the Premises except as expressly completion by Landlord of the improvements provided for in this Lease Paragraph 4(b) below, and the Workletter. If for opportunity given to Tenant to inspect the Premises and duly confirm any reason Landlord cannot deliver matters affecting the subject area during a walk through, and Landlord’s warranty contained in Exhibit E, the taking of possession of the Premises to by Tenant on shall conclusively establish that the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage Premises and the Term Building were at such time in good and satisfactory’ order, condition and repair. Within two (2) business day following the request by Landlord upon substantial completion of this Lease the Tenant Improvements provided for in Paragraph 4(b), Tenant shall not make itself, or a representative, available to conduct a walk-through of the Premises to identify any conditions affecting the substantial completion of the Tenant Improvements provided for in Paragraph 4(b) that affect the ability of Tenant to occupy the Premises for its intended purpose, the parties agreeing to be extended by a delayed delivery of possessionreasonable in their assessment as to whether the Tenant Improvements are substantially complete. The preceding sentence notwithstanding, if Landlord fails Notwithstanding anything to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined contrary in the Workletterforegoing, Tenant, as nothing in this Paragraph 4(a) relieves Landlord of its sole remedy, shall have the right to terminate maintenance and repair obligations under this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestLease.

Delivery of Possession. Landlord shall be deemed to have delivered will deliver possession of the Premises to Tenant in its current "as-is" condition (subject, however, to Section 11.2) on or before the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed date required by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession Section 1.7 of the Premises "as is" in its present condition on the Commencement DateSummary. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purposeIf, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason not caused by Tenant, Landlord cannot deliver possession of the Premises to Tenant on by the Commencement Datedate required by Section 1.7 of the Summary, this Lease will not be void or voidable, nor will Landlord will not be liable to Tenant for any resulting loss or damage and resulting from such delay. If the delay in possession is caused by Tenant, then the Term and Tenant's obligation to pay rent will commence as of the date the Commencement Date would have occurred but for Tenant's delay, even though Tenant does not yet have possession. Notwithstanding the foregoing, Landlord will not be obligated to deliver possession of the Premises to Tenant (but Tenant will be liable for rent if Landlord can otherwise deliver the Premises to Tenant) until Landlord has received from Tenant all of the following: (i) a copy of this Lease shall not be extended fully executed by a delayed delivery Tenant; (ii)the first installment of possessionMonthly Basic Rent; and (iii) copies of policies of insurance or certificates thereof as required under Section 21 of this Lease. The preceding sentence notwithstandingNotwithstanding anything to the contrary contained herein, if Landlord fails to deliver possession has not delivered the Premises to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days from the date hereof for any reason, including but not limited to force majeure delays, Tenant shall have the right thereafter (but prior to delivery of the Premises) to cancel this Lease by giving Landlord written notice thereof, and upon such cancellation, Landlord shall return all sums theretofore deposited by Tenant with Landlord's request, and neither party shall have any further liability to the other hereunder.

Delivery of Possession. Landlord 18.1.1 Sublandlord shall be deemed to have delivered possession deliver the Premises clean, with all operating systems servicing the Premises, including the roof membrane, windows, lighting, sensors and switches, building management systems, fire life and safety systems, doors, loading doors, MEP systems and emergency generator (collectively, the “Warrantied Items”), in good operating condition and the Premises are in compliance with all applicable laws and regulations, including ADA and Title 24 (the “Warranty”) as of the Premises to Tenant on Commencement Date and for the Commencement Datefirst six (6) months thereafter (the “Warranty Period”). Notwithstanding the foregoing, as it may be adjusted pursuant the Warranty includes only the foregoing Warrantied Items provided by Sublandlord and specifically excludes any systems, equipment or improvements installed and/or contracted for directly by Subtenant or any modifications to the Worklettersame made by Subtenant. Landlord Subtenant shall construct or install in have until the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession expiration of the Premises "as is" Warranty Period to notify Sublandlord in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made writing of any representations or warranties as to the suitability or fitness failure of the Premises for the conduct of Tenant's business or Warranty and in such event Sublandlord will make any required repairs at Sublandlord’s expense. Sublandlord will not be responsible for any other purpose, nor has Landlord repairs in connection with any failure of the Warranty unless Sublandlord is notified in writing by Subtenant no later than the expiration of the Warranty Period. Notwithstanding the foregoing or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided anything in this Lease and to the Workletter. If for contrary, in no event will repairs resulting from any reason Landlord cannot deliver possession of the Premises to Tenant on following be covered by the Commencement DateWarranty: (i) the negligent or willful acts or omissions of, this Lease will not be void or voidablemisuse or abuse of any of the Warrantied Items, Landlord will not be liable to Tenant for by Subtenant or its agents, employees, contractors, licensees or invitees, (ii) any resulting loss improvements or damage and the Term of this Lease shall not be extended alterations constructed by a delayed delivery of possession. The preceding sentence notwithstandingSubtenant, if Landlord fails to deliver possession to Tenant within sixty or (60iii) days after the Commencement Date for any reason other than a Delay Caused acts or omissions by TenantSubtenant or its agents, as defined in the Workletteremployees, Tenantcontractors, as its sole remedylicensees, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestor invitees which solely voids or limits Sublandlord’s warranties.

Delivery of Possession. (a) Landlord shall be deemed deliver to have delivered Tenant, and Tenant shall accept, possession of the Leased Premises to Tenant in its “AS IS” condition, “WITH ALL FAULTS” on the Early Access Date, subject only to (i) Landlord’s completing, on or before the Lease Commencement Date, the Landlord’s Work described and defined in Paragraph 1 of the Tenant Work Letter attached to and made a part of this Lease (the “Work Letter”), the terms and provisions of which are hereby incorporated into this Lease, and (ii) all existing laboratory benches and vented fume hoods shall remain in place. All of Tenant’s obligations under this Lease shall commence on the Early Access Date. It is agreed that by accepting possession of the Leased Premises, Tenant formally accepts same and acknowledges that the Leased Premises are in the condition called for hereunder, subject only to Landlord’s completing the Landlord’s Work. Landlord hereby warrants (the “Landlord Warranty”) that from the Lease Commencement Date for a period of six (6) months (with respect to the roof membrane), and for a period of four (4) months (with respect to any mechanical, plumbing, electrical, and/or life safety systems in the Leased Premises), any repair costs for the applicable item during such period and which are not necessitated by improper use or maintenance thereof by Tenant, shall be paid by Landlord, provided that Landlord receives advance notice of the need for such repairs and a reasonable opportunity to effect such repairs. Landlord warrants to Tenant that Landlord has repaired, improved, or renovated, as it may be adjusted applicable, the Leased Premises in accordance with and pursuant to the Workletter. Landlord shall construct or install in requirements of the Premises applicable permits therefor issued by the improvements to be constructed or installed by Landlord according City of Palo Alto, including any requirements therein with respect to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestAmericans With Disabilities Act.

Delivery of Possession. Landlord shall be deemed to have delivered deliver possession of the Premises to Tenant on Tenant, broom clean and free from occupancy by any party, promptly following the Commencement expiration of the current lease of the Premises and the surrender of possession by the current occupant (such date of delivery, the “Delivery Date, as it may be adjusted pursuant to the Workletter”). Landlord shall construct or install endeavor to cause the Delivery Date to occur no later than the Estimated Delivery Date set forth in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this LeaseBasic Lease Information; provided, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purposehowever, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If if, for any reason whatsoever, Landlord cannot deliver possession of the Premises to Tenant on or before the Commencement Estimated Delivery Date, this Lease will shall not be void or voidable, Landlord will not nor shall Landlord, or Landlord’s agents, advisors, employees, partners, shareholders, directors, invitees, independent contractors or Landlord’s manager (collectively, “Landlord’s Agents”), be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstandingresulting therefrom; provided, that, if Landlord the Delivery Date fails to deliver possession to Tenant within sixty (60) days after occur by the Estimated Delivery Date, then the Commencement Date and the Expiration Date shall each be adjusted by one (1) day for any reason other than a Delay Caused each day after the Estimated Delivery Date until the Delivery Date occurs. Additionally, if the Delivery Date fails to occur by TenantOctober 1, as defined 2018 (the “Outside Delivery Date”), then in addition to the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund delay of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached the Excused Base Rent shall be increased by one (1) additional day of Base Rent for each day after the Outside Delivery Date until the Delivery Date occurs. The foregoing shall be the sole remedy available to this Lease Tenant as Exhibit E, appropriately completed, within fifteen (15) days a result of Landlord's request’s failure to deliver the Premises to Tenant on a timely basis as provided in this Paragraph 8(a).

Delivery of Possession. On or before the Lease Commencement Date, ---------------------- Landlord, at its cost, shall have substantially completed the work, if any, required to be completed by Landlord prior to the delivery of the Premises to Tenant, as described in Exhibit "C" to this Lease (the "Landlord's Work"). For ----------- purposes of this Paragraph, the term "substantially complete" shall mean completed to such an extent that Tenant can commence its work, if any, to be undertaken by Tenant, as described in Exhibit "C" to this Lease (the "Tenant's ----------- Work"), without material delay or interference due to the completion of Landlord's Work, or if no such Tenant's Work is to be undertaken, then such term shall mean completed to such an extent that the Landlord's Work can be finally completed within 30 days and without material interference to Tenant's occupancy and use of the Premises. If possession of the Premises (including, without limitation, substantial completion of the Landlord's Work, if any) is not delivered to Tenant on or before the Lease Commencement Date stated in Paragraph 2.4.1, above, then Landlord shall not be liable for any damage caused by such delay, and such delay shall neither affect the validity of this Lease, affect Tenant's obligations under this Lease, nor extend the Term. Tenant's acceptance of possession of the Premises shall constitute Tenant's acknowledgment that it has inspected the Premises, that Tenant accepts the Premises in its then "as is" condition. Except for any items set forth on a written "punch-list" of excepted items delivered to Landlord upon the Lease Commencement Date, Tenant shall be deemed to have delivered possession (i) acknowledged that Landlord's Work has been substantially completed, (ii) accepted the Premises in its then as-is condition with no right to require Landlord to perform any additional work therein, except as set forth on the punch list, and (iii) waived any express or implied warranties regarding the condition of the Premises, including any implied warranties of fitness for a particular purpose or merchantability. Notwithstanding anything to the contrary contained herein, Landlord warrants that, to the best of Landlord's knowledge, on the Rent Commencement Date: (a) the Premises shall comply with all laws, codes, ordinances and other governmental requirements then applicable to the Premises and the Building, and (b) the Premises, including the improvements and equipment therein, shall be in first class condition and repair. If, as of the Rent Commencement Date, the Premises shall fail in either of the following respects and such failure adversely affects Tenant's use or enjoyment of the Premises, then Landlord shall cure such failure at Landlord's sole cost: (A) compliance with any law, code, ordinance or other governmental requirement then applicable to the Premises and the Building (including without limitation the ADA), or (B) the electrical, plumbing or HVAC systems of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletterand Building being in first class condition and repair. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the WorkletterSee Addendum No. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date1. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's request.--------------

Delivery of Possession. On the Lease Commencement Date, Landlord shall be deemed to have delivered deliver and Tenant shall accept possession of the Leased Premises in their then “AS IS” condition, “WITH ALL FAULTS.” Landlord shall have no construction or preparation obligations relating to the Leased Premises. Landlord and Tenant anticipate that possession of the Leased Premises will be delivered on the Anticipated Lease Commencement Date. However, if Landlord is unable to so deliver possession of the Leased Premises to Tenant on or before the Anticipated Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install not be in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to default under this Lease, it nor shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and be void, voidable or cancelable by Tenant until the Workletterlapse of three hundred sixty (360) days after the Anticipated Commencement Date (the “delivery grace period”). If for any reason Landlord cannot is unable to deliver possession of the Leased Premises to Tenant on within the Commencement Datedescribed delivery grace period (including any extension thereof by reason of Force Majeure or the actions or inactions of Tenant), this Lease will not then Tenant’s sole remedy shall be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives by written notice of termination delivered to Landlord within three (3) ten days after the expiration of the delivery grace period (as extended, if applicable), and in no event shall Landlord be liable in damages to Tenant for such delay. Notwithstanding the foregoing, in the event that date. Tenant will execute authorizes, via a written agreement signed by Tenant, Digeo Interactive LLC to remain in occupancy of all or any portion of the Commencement Date Certificate attached Leased Premises for which Tenant claims that Landlord failed to this Lease as Exhibit Edeliver possession of to Tenant, appropriately completed, within fifteen (15) days then Tenant shall have no such right of Landlord's requesttermination.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Premises "on or before the Intended Commencement Date (set forth in Article 1) in their present condition, broom clean, unless Landlord shall have agreed in writing, as is" a condition to Tenant's obligation to accept possession of the Premises, pursuant to Paragraph 15.3, construct install or modify specified improvements within the Premises, in its present condition on the Commencement Date. which case Landlord shall deliver to Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness possession of the Premises for on or before the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except Intended Commencement Date as expressly provided in this Lease and the Workletterso modified and/or improved. If for any reason Landlord cannot is unable to so deliver possession of the Premises to Tenant on or before the Intended Commencement Date, for whatever reason, Landlord shall not be in default under this Lease will nor shall this Lease be void, voidable or cancelable by Tenant until the lapse of one hundred twenty (120) days after the Intended Commencement Date (the "Delivery Grace Period"); however, the Lease Commencement Date shall not be void deemed to have occurred until such date as Landlord notifies Tenant that the Premises are Ready for Occupancy. Additionally, the Delivery Grace Period shall be extended for such number of days as Landlord may be delayed in delivering possession of the Premises to Tenant by reason of Force Majeure or voidablethe actions of Tenant, its agents, invitees or contractors. If Landlord will not is unable to deliver possession of the Premises to Tenant within the described Delivery Grace Period (including any extensions thereof by reason of Force Majeure or the actions of Tenant), then Tenant's sole remedy shall be to cancel and terminate this Lease, and in no event shall Landlord be liable to Tenant for any resulting loss or damage such delay. In the event that the date Landlord notifies Tenant that the Premises are Ready for Occupancy (i) is after the Delivery Grace Period and the Term of (ii) if Tenant has not previously cancelled and terminated this Lease as provided for in this Paragraph, then Tenant shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall no longer have the right to cancel and terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestLease.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Leased Premises "on or before the Intended Commencement Date (as is" set forth in its present Article 1) in their presently existing condition, broom clean, unless Landlord shall have agreed, as a condition to Tenant’s obligation to accept possession of the Leased Premises, pursuant to an Exhibit or Addenda attached to and made a part of this Lease to modify existing interior improvements or to make, construct and/or install additional specified improvements within the Leased Premises, in which case Landlord shall deliver to Tenant possession of the Leased Premises on the Intended Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties Date as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletterso modified and/or improved. If for any reason Landlord cannot is unable to so deliver possession of the Leased Premises to Tenant on or before the Intended Commencement Date, for whatever reason, Landlord shall not be in default under this Lease, nor shall this Lease will be void, voidable or cancelable by Tenant until the lapse of ninety (90) days after the Intended Commencement Date (the “delivery grace period”). The Lease Commencement Date shall not be void deemed to have occurred until such date as Landlord notifies Tenant that the Leased Premises are Ready for Occupancy and delivers possession of the Leased Premises to Tenant. Additionally, the delivery grace period above set forth shall be extended for such number of days as Landlord may be delayed in delivering possession of the Leased Premises to Tenant by reason of the actions of Tenant. If Landlord is unable to deliver possession of the Leased Premises to Tenant within the described delivery grace period (including any extensions thereof by reason of Force Majeure or voidablethe actions of Tenant), then Tenant’s sole remedy shall be to cancel and terminate this Lease, and in no event shall Landlord will not be liable to Tenant for any resulting loss or damage and the Term of such delay. Tenant may not cancel this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days at any time after the Commencement Date date Landlord notifies Tenant the Leased Premises are Ready for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestOccupancy.

Delivery of Possession. Landlord shall be deemed to have delivered deliver possession of the ---------------------- computer room of the Premises to Tenant Tenant, with Landlord's Work (as hereinafter defined) therein substantially complete ("Ready for Installation") , on or before the Installation Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct deliver possession of the operations/conference center and customer service area of the Premises to Tenant, with Landlord's Work therein substantially complete ("Ready for Phase- In"), on or before the Operational Commencement Date. Landlord shall deliver possession of the entire Premises to Tenant, with Landlord's Work substantially complete ("Ready for Occupancy"), on or before the Lease Commencement Date. During the period from the Installation Commencement Date to the Operational Commencement Date (the "Installation Period"), Tenant shall have the right to install equipment in the computer room of the Premises and connect such equipment to its cabling. During the improvements to be constructed or installed by Landlord according period from the Operational Commencement Date to the WorkletterLease Commencement Date (the "Phase-In Period"), Tenant shall have the right to install, test, operate its equipment and phase-in its business operations in the Premises. If no Workletter is attached to During the Installation Period and the Phase-In Period, all provisions of this Lease, it other than the payment of Rent, shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletterfully effective. If for any reason Landlord candoes not deliver possession of the Premises to Tenant on the Lease Commencement Date, Date this Lease will shall not be void or voidablevoidable (except as expressly set forth below) , nor shall Landlord will not be liable to Tenant for any resulting loss or damage and resulting therefrom, nor shall the Term expiration date of this Lease the term be extended, but in such event Tenant shall not be extended by a delayed liable for any Rent or other charges due under this Lease until such time as Landlord tenders delivery of possessionpossession of the Premises to Tenant with Landlord's Work (as hereinafter defined) substantially complete. The preceding sentence notwithstandingTenant's contractor (cabling) shall have access to the Premises during the Landlord's construction, prior to closing walls, ceilings and raised floorings (if any) to install cabling prior to April 1, 1995. Landlord and Tenant's contractors will work in harmony during this period. Notwithstanding the foregoing, if Landlord fails to deliver possession to the Premises Ready for Occupancy on or before the Lease Commencement Date, then Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate offset against Rent the amount of Ten Thousand Seven Hundred Ninety-five and 77/100 Dollars ($10,795.77) for each month or partial month of such delay plus a daily penalty of $833.00 for each day of such delay, up to a maximum daily penalty per month of Twelve Thousand One Hundred Ninety-seven and 98/100 ($12,197.98) (i.e., the combined monthly and daily penalties cannot exceed more than Twenty-two Thousand Nine Hundred Ninety-three and 75/100 ($22,993.75) or one month's Base Rent). If Landlord fails to deliver the Premises Ready for Occupancy on or before August 1, 1995, then, in addition to the offset rights set forth above in this Lease and receive a refund of all prepaid Rent and Security Deposits provided paragraph, Tenant gives written notice of termination shall have the right to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of complete Landlord's request.Work and offset the reasonable cost of such completion against Rent. Landlord further agrees to include in the bid package prepared by the construction manager (as set forth in Exhibit C) a requirement for the general contractors to include in their bid a penalty equal to Ten Thousand Seven Hundred Ninety-five

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Leased Premises "on or before the Intended Commencement Date (as is" set forth in its present Article 1) in their presently existing condition, broom clean, unless Landlord shall have agreed, as a condition on to Tenant’s obligation to accept possession of the Commencement Date. Tenant acknowledges that neither Landlord nor its agents Leased Premises pursuant to a written Exhibit or employees have Addenda attached to and made any representations a part of this Lease, to modify existing interior improvements or warranties as to make, construct and/or install additional specified improvements within the Leased Premises or to the suitability or fitness Outside Areas, in which case Landlord shall deliver to Tenant possession of the Leased Premises for on or before the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except Intended Commencement Date as expressly provided in this Lease and the Workletterso modified and/or improved. If for any reason Landlord cannot is unable to so deliver possession of the Leased Premises to Tenant in the agreed condition on or before the Intended Commencement Date, for whatever reason, Landlord shall not be in default under this Lease, nor shall this Lease will be void, voidable or cancelable by Tenant until the lapse of one hundred twenty days after the Intended Commencement Date (the “delivery grace period”); however, the Lease Commencement Date shall not be void deemed to have occurred until such date as Landlord notifies Tenant that the Leased Premises are in the agreed condition and are Ready for Occupancy. Additionally, the delivery grace period above set forth shall be extended for such number of days as Landlord may be delayed in making the agreed improvements and/or delivering possession of the Leased Premises to Tenant by reason of Force Majeure or voidablethe actions of Tenant. If Landlord is unable to deliver possession of the Leased Premises in the agreed condition to Landlord Initials W Tenant Initials NH Tenant within the described delivery grace period (including any extensions thereof by reason of Force Majeure or the actions of Tenant), then Tenant’s sole remedy shall be to cancel and terminate this Lease, and in no event shall Landlord will not be liable in damages to Tenant for any resulting loss or damage and the Term of such delay. Tenant may not cancel this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days at any time after the Commencement Date date Landlord notifies Tenant that the Leased Premises have been put into the agreed condition and are Ready for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestOccupancy.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Leased Premises upon Substantial Completion of the Tenant Improvements as that term is defined in the Work Letter attached hereto as Exhibit B and made a part of this Lease (the "as is" in its present condition on Work Letter"). The date that the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as Leased Premises are so delivered to the suitability or fitness of Tenant shall be deemed the Premises for the conduct of Tenant's business or for any other purpose, nor has "Delivery Date." If Landlord or its agents or employees agreed is unable to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot so deliver possession of the Leased Premises to Tenant in the agreed condition on or before the Commencement Intended Delivery Date, this Lease will not Landlord shall have until the date that is thirty (30) days after the Intended Delivery Date (the "Delivery Grace Period") to deliver the Leased Premises. Additionally, the Delivery Grace Period above set forth shall be void or voidable, extended for such number of days as Landlord will not may be liable delayed in delivering possession of the Leased Premises to Tenant for any resulting loss by reason of Force Majeure or damage and the Term action or inaction of this Lease shall not be extended by a delayed delivery of possessionTenant. The preceding sentence notwithstanding, if If Landlord fails is unable to deliver possession of the Leased Premises in the agreed condition to Tenant within the Delivery Grace Period (including any extension thereof by reason of Force Majeure or the actions or inactions of Tenant), then Tenant shall receive as its sole remedy a credit of two (2) days of free rent for each day that the Leased Premises are not delivered to Tenant after expiration of the Delivery Grace Period (including any extension thereof by reason of Force Majeure or the actions or inactions of Tenant), which free rent shall apply to the first month in which Base Monthly Rent is due. If Landlord is unable to deliver possession of the Leased Premises in the agreed condition to Tenant within sixty (60) days after the Commencement Date for expiration of the Delivery Grace Period (including any extension thereof by reason other than a Delay Caused by of Force Majeure or the actions or inactions of Tenant), as defined in the Workletter, TenantTenant may choose, as its sole remedy, shall have the right to terminate this Lease Lease, and receive a refund in the event of all prepaid Rent and Security Deposits provided such termination Landlord shall not be liable in damages to Tenant gives written notice of termination to Landlord within three (3) days after that datefor any delay. Tenant will execute the Commencement Date Certificate attached to may not terminate this Lease as Exhibit Eat any time after the date Landlord notifies Tenant that the Leased Premises have been put into the agreed condition and are available for delivery to Tenant, appropriately completed, within fifteen (15) days of unless Landlord's requestnotice is not given in good faith. Tenant may occupy the Leased Premises commencing on the Delivery Date for the Permitted Use, and for purposes of installing furniture, fixtures and equipment, provided that Tenant shall be responsible for Additional Rent during such period and Tenant shall comply with all other provisions of this Lease (other than the payment of Base Monthly Rent).

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Premises on or before the Intended Commencement Date in their "as is" ", presently existing condition, broom clean, except that Landlord shall also, prior to the Intended Commencement Date, (a) install building-standard carpeting in its present condition the rear portion of the Premises that is not currently carpeted, which carpet shall match, as closely as reasonably possible, the existing carpeting in the Premises, (b) apply one coat of building-standard paint in the interior of the Premises, (c) install two (2) offices in the Premises as shown on Exhibit B-1 attached hereto, (d) expand the existing computer room and exchange the HV AC unit as shown on Exhibit B-1 attached hereto and as further described on Exhibit B-2 attached hereto (the "Computer Room and HVAC Work"), (e) fix the door that connects the lobby and the entryway in the Premises, (f) provide Tenant with early access to the Premises upon mutual execution of this Lease pursuant to and as described in Section 2.7 below (such work and/or obligations described in clauses (a) through (f) are referred to herein as "Landlord's Work"), and (g) be responsible to ensure that the bathrooms (including the sinks therein) are ADA compliant as of the Commencement Date. The term "Commencement Date" as used herein shall mean the later of February 16, 2009 and the date by which all of the conditions in clauses (a) through (f) of the immediately preceding sentence have been satisfied by Landlord. Concurrently with Tenant's execution and delivery of this Lease to Landlord, Tenant acknowledges that neither shall deliver to Landlord nor its agents or employees have made any representations or warranties as the amount of Ten Thousand Dollars ($10,000.00), which amount constitutes Tenant's contribution to the suitability or fitness cost of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease Computer Room and the WorkletterHVAC Work. If for any reason Landlord canthe Commencement Date has not deliver possession of occurred on or before the Premises to Tenant on the Intended Commencement Date, this Lease will not be void or voidablefor whatever reason, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended in default under this Lease, nor shall this Lease be void, voidable or cancelable by a delayed delivery Tenant until the lapse of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Intended Commencement Date for any reason other than a Delay Caused by Tenant(the "Delivery Grace Period"); however, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached shall not be deemed to this Lease have occurred until such date as Exhibit ELandlord notifies Tenant that the Premises are Ready for Occupancy and delivers possession of the Premises in the required condition. Additionally, appropriately completedthe Delivery Grace Period above set forth shall be extended for such number of days as Landlord may be delayed in delivering possession of the Premises to Tenant by reason of (i) the wrongful actions of Tenant (including interference by Tenant with Landlord's completion of Landlord's Work) that actually delay the Commencement Date beyond the Intended Commencement Date ("Tenant Delay"), within and (ii) Force Majeure; provided, however, the Delivery Grace Period shall not be extended by more than fifteen (15) days as a result of Landlord's requestForce Majeure. Notwithstanding the foregoing, no Tenant Delay shall be deemed to have occurred unless such delay continues for more than 24 hours after Landlord has provided Tenant with written notice of such delay. If the Commencement Date has not occurred within the described Delivery Grace Period (including any extensions thereof by reason of Tenant Delay or Force Majeure to the extent specified in the preceding sentence), then Tenant may cancel and terminate this Lease, whereupon any monies previously paid by Tenant to Landlord shall be reimbursed to Tenant. If Tenant elects not to terminate the Lease, then the actual Commencement Date shall be determined as provided in this Section and the Rent Commencement Date shall be the same as specified in Section 1.1.I (i.e., the date that is four (4) months after the actual Commencement Date), and in no event shall Landlord be liable to Tenant for such delay; provided, however, that, notwithstanding the foregoing, if the Commencement Date has not occurred within thirty (30) days after the Intended Commencement Date (as such 30 day period may be extended by reason of Tenant Delay or Force Majeure) and provided that this Lease has been executed and delivered by Tenant no later than January 14, 2009, the Rent Commencement Date shall be delayed by one additional day for each day that the Commencement Date is delayed beyond such date.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Leased Premises "on or before the Intended Commencement Date (as is" set forth in its present Article I) in their presently existing condition, broom clean, unless Landlord shall have agreed, as a condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness Tenant’s obligation to accept possession of the Premises for the conduct Leased Premises, pursuant to an Addenda attached to and made a part of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and to modify existing interior improvements or to make, construct and/or install additional specified improvements within the WorkletterLeased Premises, in which case Landlord shall deliver to Tenant possession of the Leased Premises on or before the Intended Commencement Date as so modified and/or improved. If for any reason Landlord cannot is unable to so deliver possession of the Leased Premises to Tenant on or before the Intended Commencement Date, for whatever reason, Landlord shall not be in default under this Lease, nor shall this Lease will be void, voidable or cancellable by Tenant until the lapse of one hundred twenty days after the Intended Commencement Date (the “delivery grace period”); however, the Lease Commencement Date shall not be void deemed to have occurred until such date as Landlord notifies Tenant that the Leased Premises are Ready for Occupancy. Additionally, the delivery grace period above set forth shall be extended for such number of days as Landlord may be delayed in delivering possession of the Leased Premises to Tenant by reason of Force Majeure or voidablethe actions of Tenant. If Landlord is unable to deliver possession of the Leased Premises to Tenant within the described delivery grace period (including any extensions thereof by reason of Force Majeure or the actions of the Tenant), then Tenant’s sole remedy shall be to cancel and terminate this Lease, and in no event shall Landlord will not be liable to Tenant for any resulting loss or damage and the Term of such delay. Tenant may not cancel this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days at any time after the Commencement Date Landlord notifies Tenant the Leased Premises are Ready for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestOccupancy.

Delivery of Possession. Notwithstanding that the Lease Term commences on the Commencement Date, Landlord shall be deemed agrees to have delivered possession of deliver the Premises to Tenant on the Commencement later of the Effective Date or the date that Tenant has delivered the Letter of Credit and proof of all insurance required of Tenant under this Lease to Landlord (the “Delivery Date”), as it may be adjusted pursuant for the purpose of Tenant’s planning, designing and installation of the Tenant Improvements, Tenant’s trade fixtures and personal property and preparing the Premises for occupancy. The period commencing on the date that Tenant is allowed to or does enter the Workletter. Landlord shall construct or install Premises for the activities described in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Leaseimmediately prior sentence, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition and ending on the Commencement DateDate is referred to in this Lease as the “Early Access Period”. Tenant acknowledges that neither shall pay for all utilities and services consumed at the Premises, but shall not be required to pay Base Monthly Rent, Tenant’s Allocable Share of Operating Costs or the Management Fee during the Early Access Period unless and until Tenant commences its business operations in any portion of the Premises, at which time continuing through the end of the Early Access Period Tenant shall pay to Landlord nor its agents or employees have made Base Monthly Rent in the amount of One Hundred Eleven Thousand Four Hundred Seventy Four Dollars and Ninety Cents ($111,474.90) per month, Tenant’s Allocable Share of Reimbursable Operating Expenses as estimated by Landlord, and the Management Fee, prorated for partial months. Notwithstanding the foregoing, in no event shall Tenant occupy any representations or warranties as to the suitability or fitness portion of the Premises for the conduct of Tenant's its business or for any other purpose, nor unless and until Tenant has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession obtained a certificate of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestoccupancy allowing such occupancy.

Delivery of Possession. Landlord shall be deemed use its best efforts to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Leased Premises "as is" on or before the Intended Commencement Date in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as presently existing condition, broom clean and ready to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletteroccupy. If for any reason Landlord cannot is unable to so deliver possession of the Leased Premises to Tenant on or before the Intended Commencement Date, for whatever reason, Landlord shall not be in default under this Lease, nor shall this Lease will be void, voidable or cancelable by Tenant until the lapse of sixty days after the Intended Commencement Date (the "delivery grace period") however, the Lease Commencement Date shall not be void deemed to have occurred until such date as Landlord notifies Tenant that the Leased Premises are ready for occupancy. The term of the Lease shall be extended by the delay time. If Landlord is unable to deliver possession of the Leased Premises to Tenant within the described delivery grace period, then Tenant's sole remedy shall be to cancel and terminate this Lease in which case Landlord shall refund all of Tenants deposits (less costs incurred by Landlord for commissions or voidableinterior improvements) provided the delay shall not have been caused by Tenant, and in no event shall Landlord will not be liable to Tenant for any resulting loss or damage and the Term of such delay. Tenant may not cancel this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days at any time after the Commencement Date date Landlord notifies Tenant the Leased Premises are Ready for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund Occupancy. (see clause #13.14 of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's request.herein included)

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall will construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant tenant improvements to the Premises Premises, except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the anticipated Commencement DateDate as stated in Section 1.1(l), this Lease will not be void or voidable, and Landlord will not be liable to Tenant for any resulting resultant loss or damage and damage; provided, however, in the Term of this Lease shall not be extended by a delayed event delivery of possession. The preceding sentence notwithstandingpossession is delayed beyond the anticipated Commencement Date as stated in Section 1.1(l), if Landlord fails to deliver possession to Tenant within sixty (60) days after then the Commencement Date and Rent Commencement Date shall be delayed on a day-by-day basis as provided in Paragraph 9 of the Workletter. Once the Commencement Date and Rent Commencement Date have been established, the parties shall execute and exchange an agreement specifying the Commencement Date and Rent Commencement Date, the Expiration Date and any other dates related thereto. If for any reason other than a Delay Caused by Tenant, the "Tenant Delays" as defined in Section 8 of the Workletter, TenantLandlord has not achieved Substantial Completion as defined in Section 1(p) of the Workletter within 180 days after the anticipated Commencement Date, as its sole remedy, Tenant shall have the right to terminate this Lease and receive a refund by giving Landlord Notice of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord such election within three ten (310) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days expiration of Landlord's requestsaid 180 days.

Delivery of Possession. Landlord shall be deemed endeavor to have delivered cause possession of the Expansion Premises to be delivered to Tenant on the Commencement Dateor before March 1, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter1997. If no Workletter there is attached to this Lease, it shall be deemed that Landlord delivered to Tenant a holding over or retention of possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Expansion Premises, or any portion thereof, by any prior tenant or occupant, or if Landlord nor its agents or employees have made any representations or warranties as shall otherwise be unable to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Expansion Premises on March 1, 1997 due to Tenant on causes beyond its reasonable control, then Landlord shall not be subject to any liability for the Commencement Date, failure or delay in giving possession and such failure to give possession shall in any other respect affect the validity of this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and (including the date on which the Term ends) or any other of the obligations of Tenant, except that the term of this Lease shall not commence until Landlord has delivered the Expansion Premises to Tenant vacant and broom-clean and given Tenant 14 days' prior written notice of the date on which possession of the Expansion Premises will be extended by a delayed delivered. If the delivery of possessionthe Expansion Premises is delayed beyond July 1, 1997 for causes not attributable in whole or in part to the action or inaction of Tenant, Tenant may give a 14-day termination notice to Landlord. The preceding sentence notwithstandingThis Lease shall terminate 14 days after the giving of such notice if the Expansion Premises are not delivered to Tenant before such time. Landlord shall endeavor to deliver the Second Expansion Premises to Tenant on September 1, 1997. If there is a holding over or retention of possession of the Second Expansion Premises, or any portion thereof, by any prior tenant or occupant, or if Landlord fails shall otherwise be unable to deliver possession of the Second Expansion Premises on September 1, 1997 due to causes beyond its reasonable control, then Landlord shall not be subject to any liability for the failure or delay in giving possession, except that the Second Expansion Premises shall not be added to the Premises until the Second Expansion Premises are delivered to Tenant vacant and in broom-clean condition but no earlier than September 1, 1997. No such failure to give possession shall in any other respect affect the validity of this Lease (including the date on which the Term ends) or any other of the obligations of Tenant. Landlord hereby consents to a sublease by Tenant of the Second Expansion Premises to X. Xxxxxx, Inc., provided Tenant furnishes notice and a copy of such sublease within sixty (60) 30 days after execution thereof. If Tenant executes such a sublease, the Commencement Date for any reason other than a Delay Caused by TenantSecond Expansion Premises shall be deemed delivered upon expiration of the X. Xxxxxx, as defined Inc. lease and Landlord shall be excused from the obligation to deliver the Second Expansion Premises vacant and in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestbroom-clean condition.

Delivery of Possession. Early Occupancy. Landlord shall be deemed deliver to have delivered Tenant, and Tenant shall accept, possession of the Leased Premises on the Delivery Date, in good, clean and working condition but otherwise in its then AS IS condition, subject only to: (a) Landlord’s completing, on or before the Lease Commencement Date, the Landlord’s Work described and defined in Paragraph 1 of the Work Letter attached as Exhibit D to and made a part of this Lease (the “Work Letter”), the terms and provisions of which are hereby incorporated into this Lease, (b) any costs associated with ADA code compliance for the Building exterior, including “path of travel” requirements to the Building and the Leased Premises, will be Landlord’s sole expense and not passed through to Tenant throughout the Lease Term (“Landlord’s ADA Work”), and (c) Landlord shall repair, at its sole cost and expense, after receipt of Tenant’s written notice thereof, which notice must be delivered to Landlord within the first thirty (30) days after delivery of the Leased Premises to Tenant with Landlord’s Work completed, any defects or deficiencies (including non-compliance with applicable laws) of the roof of the Building and the Building operating systems on Levels C and D (such as, without limitation, HVAC, plumbing, electrical and life safety) which are not in good working order and/or non-compliant with applicable laws. Notwithstanding the Commencement foregoing, and without in any way affecting the Delivery Date, as it may be adjusted pursuant to Landlord agrees that following the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to full execution of this Lease, it shall be deemed that Landlord delivered to and Tenant’s delivery of all required insurance information, Tenant possession of may enter the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Leased Premises for the conduct purpose of, and only for the purpose of, the planning and construction of the Tenant Improvements (as such term is defined in the Work Letter), and the installation of Tenant’s fixtures and equipment, all in furtherance of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any intended operations from the Leased Premises ("Early Occupancy"). While Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended required to pay Rent during the Early Occupancy, all other terms of this Lease, including, but not limited to Tenant’s obligations to carry all insurance required by the Lease, etc., shall be in effect during such Early Occupancy. It is acknowledged that the Early Occupancy may occur during a delayed delivery period that Landlord is performing the Landlord Work upon the Leased Premises, and Landlord and Tenant, and each of possession. The preceding sentence notwithstandingtheir employees, agents, contractors, consultants, workmen, mechanics, suppliers and invitees, shall cooperate reasonably to work in harmony with, and not unreasonably interfere with the work being performed by the other party; provided, however, that if Landlord fails to deliver possession to Tenant within sixty (60) days after in good faith determines that Tenant’s Early Occupancy is causing a delay in completion of the Commencement Date for any reason other than a Delay Caused by Landlord’s Work, Landlord may suspend or revoke Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the ’s Early Occupancy right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within upon three (3) days after that datebusiness days’ prior written notice to Tenant, and if by the end of such notice period Tenant ceases causing such delay, such suspension or revocation shall be deemed withdrawn. Landlord agrees to reasonably cooperate (at Tenant’s sole cost) with Tenant will execute as may be required in order for Tenant to obtain all permits and other approvals required by applicable governmental authorities in connection with the Commencement Date Certificate attached Tenant Improvements to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestbe constructed by Tenant.

Delivery of Possession. Landlord shall be deemed (a) Tenant agrees to have delivered accept possession of Suite 400 in its “as-is” condition as of the Premises to Tenant on the Commencement Suite 400 Delivery Date, as it may be adjusted pursuant subject to the Workletterremoval of any personal property therefrom, and further subject to all Building mechanical, electrical, life safety and plumbing systems serving Suite 400 (which does not include any supplemental air-conditioning systems located in Suite 400) being in good working order and Building standard window coverings in Suite 400 being in good working order. Landlord shall construct or install Tenant agrees to accept possession of Suite 550 in its “as-is” condition as of the Premises the improvements to be constructed or installed by Landlord according Suite 550 Delivery Date, subject to the Workletter. If no Workletter is attached existing tenant of Suite 550 vacating possession thereof and removing its personal property therefrom and further subject to this Leaseall Building mechanical, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" electrical and plumbing systems serving Suite 550 (which does not include any supplemental air-conditioning systems located in its present condition on the Commencement DateSuite 550) being in good working order and Building standard window coverings in Suite 550 being in good working order. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's ’s business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant tenant improvements to the Premises Premises, except as expressly provided in this Lease Lease. Tenant shall have a period of ninety (90) days after the respective Delivery Dates for Xxxxx 000 xxx Xxxxx 000 to inspect Xxxxx 000 xxx Xxxxx 000, respectively, and the Workletter. If for to provide Landlord with Notice within such ninety (90) day period of any reason Landlord canrespects in which Xxxxx 000 xx Xxxxx 000 have not deliver possession of the Premises been delivered to Tenant on in the condition required hereunder. Once the Commencement Date and Rent Commencement Date have been established, the parties shall execute and exchange an agreement (“Commencement Date Agreement”) specifying the Commencement Date, this Lease will not Rent Commencement Date, Expiration Date and any other dates related thereto, which Agreement shall be void or voidablein substantially the same form as Exhibit D. Failure to execute such an agreement shall not; however, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by affect Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached ’s obligations pursuant to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestLease.

Delivery of Possession. Landlord shall be deemed use its best efforts to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Leased Premises "as is" on or before the Intended Commencement Date in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as presently existing condition, broom clean and ready to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletteroccupy. If for any reason Landlord cannot is unable to so deliver possession of the Leased Premises to Tenant on or before the Intended Commencement Date, for whatever reason, Landlord shall not be in default under this Lease, nor shall this Lease will be void, voidable or cancelable by Tenant until the lapse of sixty days after the Intended Commencement Date (the “delivery grace period”) however, the Lease Commencement Date shall not be void deemed to have occurred until such date as Landlord notifies Tenant that the Leased Premises are ready for occupancy. The term of the Lease shall be extended by the delay time. If Landlord is unable to deliver possession of the Leased Premises to Tenant within the described delivery grace period, then Tenant’s sole remedy shall be to cancel and terminate this Lease in which case Landlord shall refund all of Tenants deposits (less costs incurred by Landlord for commissions or voidableinterior improvements) provided the delay shall not have been caused by Tenant, and in no event shall Landlord will not be liable to Tenant for any resulting loss or damage and the Term of such delay. Tenant may not cancel this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days at any time after the Commencement Date date Landlord notifies Tenant the Leased Premises are Ready for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestOccupancy.

Delivery of Possession. Landlord shall construct or install in the Premises the Landlord’s Work to be deemed constructed or installed by Landlord according to have delivered the Work Letter attached to this Lease as Exhibit C (“Landlord’s Work” and “TI Work” as described in the Work Letter are herein collectively described as the “Work”; “TI Work” as described in the Work Letter may also be described herein as “Tenant Improvements”). Landlord shall deliver possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in remove the Premises the improvements stairway between Floors 19 and Floor 20 and shall erect a temporary barrier during said work to be constructed or installed prevent access to said work by anyone other than Landlord’s contractors. Landlord according to the Worklettershall commence Landlord’s Work as soon as reasonably practicable after Landlord has received all permits for Landlord’s Work. If no Workletter substantial completion of the Work is delayed due to any circumstances, this Lease shall not thereby be void or voidable and Landlord shall not be liable to Tenant for any resultant damages or loss; provided, however, if substantial completion of the Work is delayed as a result of any delay caused by Landlord, Tenant will be entitled to an abatement of Rent of one day for each day of Landlord-caused delay. Tenant shall execute the Commencement Date Certificate attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession Lease as Exhibit D within fifteen (15) days of the Premises "as is" in its present condition on the Commencement DateLandlord’s request. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's ’s business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestWork Letter.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Leased Premises "as is" in its present condition then "AS-IS" condition, "WITH ALL FAULTS," on the Intended Commencement Date. Tenant acknowledges that neither If Landlord nor its agents or employees have made any representations or warranties as is unable to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot so deliver possession of the Leased Premises to Tenant on or before the Intended Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended in default under this Lease, nor shall this Lease be void, voidable or cancelable by a delayed delivery Tenant until the lapse of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty ninety (6090) days after the Intended Commencement Date (the "delivery grace period"). Additionally, the delivery grace period above set forth shall be extended for such number of days as Landlord may be delayed in delivering possession of the Leased Premises to Tenant by reason of Force Majeure or the action or inaction of Tenant. If Landlord is unable to deliver possession of the Leased Premises to Tenant within the described delivery grace period (including any extension thereof by reason other than a Delay Caused by of Force Majeure or the actions or inactions of Tenant), as defined in the Workletter, then Tenant, as its 's sole remedy, remedy shall have the right be to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives by written notice of termination delivered to Landlord within three (3) ten days after that datethe expiration of the delivery grace period (as extended, if applicable), and in no event shall Landlord be liable in damages to Tenant for such delay. Tenant will execute the Commencement Date Certificate attached to may not terminate this Lease as Exhibit Eat any time after the date Landlord notifies Tenant that the Leased Premises have been put into the agreed condition and are available for delivery to Tenant, appropriately completed, within fifteen (15) days of unless Landlord's requestnotice is not given in good faith.

Delivery of Possession. If for any reason Landlord shall be deemed to have delivered does not deliver possession of the Premises to Tenant on by the Lease Commencement DateDate as set forth in Section 1.8 above, as it may be adjusted pursuant Landlord and Tenant agree to execute a written addendum to this Lease within ten (10) days of Delivery of Possession extending the WorkletterExpiration Date for the length of the delay. Landlord shall construct or install not be subject to any liability for such failure to deliver possession and the validity of this Lease shall not be impaired, but Base Rent shall be abated until Delivery of Possession; except that if Landlord's failure to so deliver possession on the Lease Commencement Date is attributable to: (i) Tenant's delays in the Premises reasonable approval or preparation of plans and specifications for improvements, (ii) unreasonable delays caused by the improvements Tenant's contractors or agents in performing services for which Tenant is responsible, or (iii) Tenant's negligence or willful misconduct ("Tenant Delays"), then Landlord shall be entitled to be constructed or installed full performance by Landlord according to Tenant (including the Workletterpayment of all forms of rent) from the Lease Commencement Date. If no Workletter is attached to this Lease, it "Delivery of Possession" shall be deemed that to occur on the date Landlord delivered substantially completes Landlord's Work as set forth in Exhibit "D" hereto. If Landlord permits Tenant to Tenant enter into possession of the Premises "as is" in its present condition on before the Lease Commencement Date, such possession shall be subject to the provisions of this Lease. By entry hereunder, Tenant shall be deemed to have accepted the Premises (except for minor items of work and minor adjustments that can be completed after occupancy of the Premises without causing undue interference with Tenant's reasonable use of the Premises [i.e., so called "punchlist" items]) as being in good and sanitary order, condition and repair, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises and any covenants or restrictions of record, and accepts this Lease subject thereto as to all matters disclosed thereby and by any exhibits attached hereto. Landlord shall use its reasonable efforts to complete the punchlist Items as quickly as reasonably possible. Tenant acknowledges that neither Landlord nor its agents or employees have Landlord's agent has made any representations representation or warranties warranty as to the present or future suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any business. Tenant improvements shall have access to the Premises except Building through all public entrances during the Building Hours. After Building Hours Tenant shall be allowed access through those entrances designated by the Landlord as expressly after-hour entrances by means of cards or keys provided in this Lease and the Workletter. If by Landlord for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestsuch purpose.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the all improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is Work Letter attached to this LeaseLease as Exhibit C (such improvements described herein and in the Work Letter as the “Landlord’s Work”). Tenant shall construct or install in the Premises all improvements to be constructed or installed by Tenant according to the Work Letter attached to this Lease as Exhibit C (such improvements described herein and in the Work Letter as the “TI Work”). If Landlord’s delay in substantial completion of the Landlord’s Work is caused in whole or part by a Tenant Delay (as defined in the Work Letter), it this Lease and Tenant’s obligations hereunder, including, but not limited to, Tenant’s obligation to pay Monthly Base Rent, shall be deemed to have become effective as of the date the Commencement Date would have occurred but for the Tenant Delay. The Landlord’s Work shall be deemed substantially complete when the Landlord’s Work is completed except for Punch List items, as such term is defined in the Work Letter. It is acknowledged that Landlord delivered the Commencement Date specified in Article 1.1(m) is an estimated date. The Commencement Date shall be adjusted to be the first to occur of the following: (i) August 1, 2011; or (ii) the date on which Tenant takes possession or commences beneficial occupancy of any portion of the Premises "as is" in its present condition on for purposes other than the construction and installation of the TI Work and fixtures, furniture, equipment and telephone systems. Tenant shall execute the Commencement DateDate Certificate attached to this Lease as Exhibit D within fifteen (15) days of Landlord’s request. [***] Denotes confidential information omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's ’s business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements TI Work to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestWork Letter.

Delivery of Possession. Landlord shall be deemed to have delivered will deliver possession of the Premises to Tenant in its current `as-is" condition with the addition of only those items of work described on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements Exhibit "C' which are to be constructed or installed completed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on or before the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purposeIf, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason not caused by Tenant, Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, nor will Landlord will not be liable to Tenant for any resulting loss or damage resulting from such delay, but in such event, the Commencement Date and Tenant's obligation to pay rent will not commence until Landlord delivers possession to Tenant. If the delay in possession is caused by Tenant, then the Term and Tenant's obligation to pay rent will commence as of the Commencement Date even though Tenant does not yet have possession. Notwithstanding the foregoing, Landlord will not be obligated to deliver possession of the Premises to Tenant (but Tenant will be liable for rent if Landlord can otherwise deliver the Premises to Tenant) until Landlord has received from Tenant all of the following: (i) a copy of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused fully executed by Tenant; (ii) if Guarantor(s) are designated in Subparagraph I (n) of this Lease, as defined then a written guaranty agreement executed by the Guarantor(s) in the Workletterfavor of Landlord on terms and conditions and in a form acceptable to Landlord, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of in Landlord's requestsole and absolute discretion; (iii) the Security Deposit and the first installment of Monthly Base Rent; and (iv) copies of policies of insurance or certificates thereof as required under Paragraph 19 of this Lease.

Delivery of Possession. Landlord shall be deemed If landlord is unable to have delivered deliver ---------------------- possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will shall not be void or voidable, nor shall Landlord will not be liable to Tenant for any resulting loss Loss or damage resulting therefrom (except that the Landlord shall pay Tenant a penalty in the form of an abatement of two days of Base Rent for each day that Landlord is late delivering possession after July 15, 1995, if such delay was due to the acts or omissions of Landlord or its agents or contractors) but the Lease Commencement Date and the Lease Expiration Date of the Term shall be extended, as provided below, and in such event Tenant shall not be liable for any rent or other charges due under this lease until such time as Landlord tenders delivery of possession of the Premises to Tenant. should Landlord tender possession of the premises to Tenant prior to the date specified as the Lease Commencement Date, and Tenant elects to commence beneficial use of the Premises, such prior occupancy shall be subject to all terms, covenants and conditions of this Lease, including the payment of Rent. In the event Landlord, for any reason, delivers possession of the Premises in accordance with Section 15 of this Lease to Tenant after the Lease Commencement Date, then the Lease Expiration Date shall be adjusted accordingly such that the Term of this Lease shall not be extended by a delayed commence upon the delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty and expire ten (6010) days after years from such date (except if the date possession is delivered to Tenant is a date other than the first day of a calendar month in which case the Lease Commencement Date for any reason other than a Delay Caused by Tenant, as defined in shall be adjusted to the Workletter, Tenant, as its sole remedy, first day of the next full calendar month and the Lease Expiration Date shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that datebe adjusted accordingly). Tenant will execute the shall acknowledge in writing such new Lease Commencement Date Certificate attached to this and new Lease as Exhibit E, appropriately completed, within fifteen (15) days of Expiration Date upon Landlord's requestrequest in a form substantially similar to that in EXHIBIT G attached hereto and incorporated --------- herein by reference.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Leased Premises "on or before the Intended Commencement Date (as is" set forth in its present Article 1) in their presently existing condition, broom clean, unless Landlord shall have agreed, as a condition on to Tenant's obligation to accept possession of the Commencement Date. Tenant acknowledges that neither Landlord nor its agents Leased Premises pursuant to a written Exhibit or employees have Addenda attached to and made any representations a part of this Lease, to modify existing interior improvements or warranties as to make, construct and/or install additional specified improvements within the Leased Premises or to the suitability or fitness Outside Areas and/or to construct the Leased Premises, in which case Landlord shall deliver to Tenant possession of the Leased Premises for on or before the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except Intended Commencement Date as expressly provided in this Lease and the Workletterso modified and/or improved. If for any reason Landlord cannot is unable to so deliver possession of the Leased Premises to Tenant in the agreed condition on or before the Intended Commencement Date, this Lease will not be void for whatever reason other than Landlord's failure to commence construction or voidablediligently pursue it to completion to the extent it is within Landlord's reasonable control to do so, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be in default under this Lease, nor shall this Lease be void, voidable or cancelable by Tenant until the lapse of one hundred twenty days after the Intended Commencement Date (the "delivery grace period"); however, the Lease Commencement Date shall not be deemed to have occurred until such date as Landlord notifies Tenant that the Leased Premises are in the agreed condition and are Ready for Occupancy. Additionally, the delivery grace period above set forth shall be extended for such number of days as Landlord may be delayed in making the agreed improvements and/or delivering possession of the Leased Premises to Tenant by a delayed delivery reason of possessionForce Majeure or the actions of Tenant. The preceding sentence notwithstanding, if If Landlord fails is unable to deliver possession of the Leased Premises in the agreed condition to Tenant (a) within sixty the described delivery grace period (60including any extensions thereof by reason of Force Majeure or the actions of Tenant) days after or (b) within twelve (12) months from the Intended Commencement Date for any reason other than a Delay Caused by Date, then Tenant, as defined in the Workletter, Tenant, as its 's sole remedy, remedy shall have the right be to cancel and terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives by providing Landlord written notice of termination such election to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, terminate within fifteen (15) days of such event, and in no event shall Landlord be liable in damages to Tenant for such delay. Tenant may not cancel this Lease at any time after the date Landlord notifies Tenant that the Leased Premises have been put into the agreed condition and are Ready for Occupancy unless Landlord's requestnotice is not given in good faith.

Delivery of Possession. If Landlord shall be deemed shall, for any reason (including, without limitation, failure to have delivered possession of complete the Premises to Tenant on the Commencement Datework, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements if any, required to be constructed or installed done by Landlord according to the Workletter. If no Workletter is attached to under this Lease), it shall be deemed that Landlord delivered fail to make available to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. or before January 1, 2000, Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this the Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within upon three (3) days prior written notice. However, there shall be no termination right (and the only remedy available to Tenant shall be a deferral of Tenant's obligation to pay Base Rent and Additional Rent until Tenant is provided occupancy of the Premises), if any such failure is caused in whole or part by any act or omission of Tenant, its agents, servants, employees or contractors, which has the effect of hindering or delaying Landlord's delivery of possession or the timely completion of any work to be done by Landlord (hereinafter a "Tenant Delay") including, without limitation, (i) any delay in delivery of the Tenant Layout Plans, (ii) any delay which is caused by changes in the work to be performed by Landlord in readying the Premises for Tenant's occupancy, which changes are requested by Tenant after that dateTenant's submission of the Tenant Layout Plans as required by Landlord for approval thereof, (iii) any delay, not caused by Landlord, in furnishing materials or procuring labor required to be furnished or procured for the Tenant Work on account of installations or work required by Tenant and not encompassed within Standard Tenant Work, (iv) any delay which is caused by any failure by Tenant, without regard to any grace period applicable thereto, to furnish to Landlord any required plan, information, approval or consent within the period of time required therefor by the terms of this Lease or caused by any good faith reluctance on the part of Landlord to approve any plan or other information required to be submitted by Tenant and approved by Landlord, (v) any delay which is caused by the performance of any work or activity in the Premises by Tenant or any of its employees, agents or contractors, or (vi) any delay or failure to pay the Tenant Improvement Costs or the Special Tenant Costs. Tenant will execute the Commencement Date Certificate attached also shall pay to this Lease as Exhibit E, appropriately completedLandlord, within fifteen (15) ten days after receipt of Landlord's requestdemand made from time to time, a sum equal to any additional cost to Landlord in completing the Tenant Work resulting from any Tenant Delay.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord candoes not deliver possession of the Premises to Tenant on the Commencement Date, this Lease will and such failure is not caused by an act or omission of Tenant, the Expiration Date shall be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage extended by the number of days the Commencement Date has been delayed and the Term validity of this Lease shall not be extended by a delayed impaired nor shall Landlord be subject to any liability for such failure; but Rent shall be abated until delivery of possession. The preceding sentence notwithstandingProvided, however, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than has been delayed by an act or omission of Tenant then Rent shall not be abated until delivery of possession and the Expiration Date shall not be extended. Delivery of possession shall be deemed to occur on the earlier of the date Landlord receives a Delay Caused Certificate of Occupancy or upon substantial completion of the Premises (as certified by Tenant, as defined in Landlord’s architect). If Landlord permits Tenant to enter into possession of the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute Premises before the Commencement Date Certificate attached Date, such possession shall be subject to the provisions of this Lease as Exhibit ELease, appropriately completedincluding, within fifteen without limitation, the payment of Rent (15unless otherwise agreed in writing). Within ten (10) days of delivery of possession Landlord shall deliver to Tenant and Tenant shall execute an Acceptance of Premises in which Tenant shall certify, among other things, that (a) Landlord has satisfactorily completed Landlord's request’s Work to the Premises pursuant to the Addendum to Lease, unless written exception is set forth thereon, and (b) that Tenant accepts the Premises. Tenant’s failure to execute and deliver the Acceptance of Premises shall be conclusive evidence, as against Tenant, that Landlord has satisfactorily completed Landlord’s Work to the Premises pursuant to Addendum to Lease. In the event Tenant fails to take possession of the Premises following execution of this Lease, Tenant shall reimburse Landlord promptly upon demand for all costs incurred by Landlord in connection with entering into this Lease including, but not limited to, broker fees and commissions, sums paid for the preparation of a floor and/or space plan for the Premises, costs incurred in performing Landlord’s Work pursuant to the Addendum to Lease, loss of rental income, attorneys’ fees and costs, and any other damages for breach of this Lease established by Landlord.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement DateDate & Term. Tenant acknowledges that neither Landlord nor its agents or employees have made as of Expansion Space B is presently leased and occupied by Adobe Systems Inc. Notwithstanding any representations or warranties as provision of the Lease to the suitability or fitness contrary, Landlord shall deliver possession of Expansion Space B to Tenant within five (5) days after the Expansion Space B is vacated and surrendered by Adobe Systems, Inc. for purposes of any design and construction desired by Tenant in Expansion Space B (the "Delivery Date"). Upon such delivery, Expansion Space B becomes a part of the Premises for Demised Premises, upon and subject to all of the conduct terms, covenants and conditions of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises Lease except as expressly provided in this Lease and the Workletterherein. If for any reason Landlord cannot deliver possession The term of the Premises to Tenant on lease of Expansion Space B (the "Space B Term") shall commence (the "Space B Commencement Date, this Lease will not be void " or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and "SBCD") upon the Term later of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within (a) sixty (60) days after the Commencement Delivery Date or (b) November 1, 1999, and shall continue for a term of sixty (60) months thereafter. If Landlord does not obtain and tender possession of Expansion Space B by reason of the following: (i) the holding over or retention of possession of any tenant, tenants, or occupants, or (ii) for any reason other reason, then Landlord shall not be subject to any liability for the failure to give possession on said date, provided that if possession of Expansion Space B is not delivered to Tenant by September 15, 1999, this Amendment shall terminate, at Tenant's option, by written notice to Landlord no later than a Delay Caused by TenantSeptember 21, 1999, except for those provisions which expressly survive such termination. Except as provided in the immediately preceding sentence, no such failure to give possession shall affect the validity of the Lease, as defined in amended, or the Workletter, Tenant, as its sole remedy, shall have obligations of the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three hereunder. Within thirty (330) days after that following the occurrence of the SBCD, Landlord and Tenant shall enter into an agreement (which is attached hereto as Exhibit B) confirming such date. If Tenant will execute fails to enter into such agreement, then the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestSBCD shall be the date designated by Landlord in such agreement.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Premises "at such time as is" the Tenant Improvements are Substantially Completed (as defined in its present condition Section 7 of the Work Letter) on or before the Commencement Anticipated Delivery Date. Tenant acknowledges that neither If Landlord nor its agents or employees have made any representations or warranties as is unable to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot so deliver possession of the Premises to Tenant in the agreed condition on or before the Commencement Anticipated Delivery Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended in default under this Lease, nor shall this Lease be void, voidable or cancelable by a delayed delivery Tenant until the lapse of possession. The preceding sentence notwithstandingninety (90) days after the Anticipated Delivery Date (the “Delivery Grace Period”); provided, if however, Tenant shall be entitled to one (1) day of abatement of Base Rent for each day Landlord fails to deliver the Premises after the Delivery Grace Period until delivery occurs or the Lease is terminated, as set forth herein. Additionally, the Delivery Grace Period shall be extended for such number of days as Landlord may be delayed in delivering possession of the Premises to Tenant by reason of Force Majeure (as defined below) or Tenant Delay (as defined in the Work Letter). If Landlord is unable to deliver possession of the Premises in the agreed condition to Tenant within the described Delivery Grace Period (as the same may be extended), then Tenant’s sole remedy shall be to terminate this Lease by written notice delivered to Landlord within ten (10) days after the expiration of the Delivery Grace Period (as extended, if applicable), and in no event shall Landlord be liable in damages to Tenant for such delay or failure to deliver the Premises. In the event that Tenant delivers a notice of termination due to the failure to deliver the Premises, then Landlord shall have thirty (30) days to either: (a) Substantially Complete the Tenant Improvements and deliver the Premises to Tenant, in which case the termination notice shall be null and void; or (b) deliver to Tenant a notice of delay and extension of the Delivery Grace Period due to Force Majeure or Tenant Delay as set forth herein, in which case the Delivery Grace Period shall be extended for the period of time set forth in Landlord’s response and this process shall repeat after the expiration thereof. If Tenant does not terminate the Lease as set forth above, then the abatement of Base Rent due to Landlord’s delay in delivery shall be limited to sixty (60) days days. If Landlord fails to respond within such thirty-day period, then the Lease shall be deemed terminated on such thirtieth day after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right ’s notice to terminate. Tenant may not terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided at any time after the date Landlord notifies Tenant gives written that the Tenant Improvements have been Substantially Completed, unless Landlord’s notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestis not given in good faith.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord candoes not deliver possession of the Premises to Tenant on the Commencement Date, Landlord shall not be subject to any liability for such failure, the Expiration Date shall not change and the validity of this Lease will shall not be void impaired, but Rent shall be abated until delivery of possession. "Delivery of possession" shall be deemed to occur on the date Landlord substantially completes Landlord's Work as defined in Exhibit "D" of such date as such Landlord's Work would have been substantially completed had Tenant or voidableits agents, employees, contractors or authorized representatives not caused any delay in the substantial completion of such Work. It is the intent of the parties that subject to any delays attributed to the Tenant and/or respective applicable governmental entities, the Landlord's Tenant improvement work will be substantially completed (the "Estimated Substantial Completion Date") as defined in Exhibit "D". If Landlord will shall be delayed at any time in the progress of the construction of the Tenant Improvements by extra work, changes in construction ordered by Tenant, or by strikes, lockouts, fire, delay in transportation, unavoidable casualties, rain or weather conditions, or by any other cause beyond Landlord's reasonable control, then the Estimated Substantial Completion Date shall be extended by the period of such delay. Notwithstanding the above, and subject to any qualifying provisions in the Lease, and or delays caused by either the Tenant and/or governing regulatory agencies, in the event Landlord's portion of the Tenant Improvements are not substantially completed by the Estimated Substantial Completion Date as the same may be adjusted pursuant to the terms hereof, the Lease shall not be invalid, but rather Landlord shall substantially complete the Tenant Improvements as soon thereafter as is possible and Landlord shall not be liable to Tenant for damages in any resulting loss or damage and respect whatsoever except as may be provided herein. The existence of "punch list items" shall not delay substantial completion of the Term Tenant Improvements for the purposes of Article 4 of this Lease. Additionally, and through no fault of the parties, should the respective applicable governmental entities cause any delays for any reason that in any way affect the ability of either party and their respective consultants to perform in accordance with the provisions stipulated herein, then the delivery provisions as stated in the Lease shall not be extended adjusted forward for each day the agency(s) may cause a delay. There shall be no abatement of rent due to delays caused by a delayed delivery of possession. The preceding sentence notwithstandingthe Tenant, if Landlord fails permits Tenant to deliver enter into possession to Tenant within sixty (60) days after of the Premises before the Commencement Date for any reason other than a Delay Caused by TenantDate, as defined in such possession shall be subject to the Workletterprovisions of this Lease, Tenantincluding, as its sole remedywithout limitation, shall have the right to terminate this Lease and receive a refund payment of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestRent.

Delivery of Possession. Landlord shall be deemed use best efforts to have deliver possession of the Premises to Tenant with Landlord’s Work complete and in turnkey condition such that Tenant is able to obtain permits for Tenant’s Work without further action by Landlord (“Turnkey Condition” as described in Exhibit E”). If despite using reasonable efforts, Landlord is unable to deliver possession of the Premises to Tenant in the Turnkey Condition on or before the Estimated Delivery Date, Landlord may extend the Estimated Delivery Date by up to ninety (90) days upon written notice to Tenant provided such notice is given at least sixty (60) days prior to the Estimated Delivery Date. If possession of the Premises has not been delivered to Tenant in the Turnkey Condition by the Estimated Delivery Date plus any applicable extensions for any reason whatsoever other than a Tenant Delay, then (a) Landlord shall, promptly after demand therefor, reimburse Tenant for its Holdover Costs, and (b) Tenant shall receive one (1) day of free Rent for each day after the Estimated Delivery Date plus any applicable extensions that Landlord has not delivered possession in the Turnkey Condition. Anything in this Lease to the contrary notwithstanding, if Landlord has not delivered possession of the Premises to Tenant in the Turnkey Condition on or before September 1, 2018, then Tenant may terminate this Lease by written notice to Landlord and this Lease shall terminate as of the Commencement date of such notice. As used herein, “Holdover Costs” shall mean those amounts charged to Tenant by its prior landlord for holding over in their then existing leased premises (the “Prior Lease”) in excess of the rent and other charges payable by Tenant under the Prior Lease for the period immediately prior to the Holdover Date, as it may be adjusted pursuant established by documentation reasonably acceptable to Landlord. Both parties wish to amend this Section to state the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's request.following:

Delivery of Possession. The date that Landlord shall be deemed to have delivered delivers possession of the Premises to Tenant on shall be the Commencement “Delivery Date”. Landlord anticipates delivery to occur immediately upon mutual Lease execution so long as Tenant has delivered proof of insurance, prepaid rent, and security deposit (or Letter of Credit, as it may be adjusted pursuant to the Workletterapplicable). Landlord shall construct or install in the Premises the improvements deliver to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this LeaseTenant, it and Tenant shall be deemed that Landlord delivered to Tenant accept, possession of the Premises "as is" in its present condition AS IS condition, WITH ALL FAULTS on the Commencement DateDelivery Date and Tenant acknowledges that Landlord shall have no obligation to alter, repair or otherwise prepare the Premises for Tenant’s occupancy or to pay for or construct any improvements to the Premises, except for a Non- Compliant Condition. As used herein, “Non-Compliant Condition” means the failure of any of the following systems to be in working order: roof; existing heating, ventilation and air-conditioning (“HVAC”); electrical; lighting; fire sprinkler; and plumbing, to the extent serving and within the Premises. Tenant shall notify Landlord of any Non-Compliant Condition prior to the six (6) month anniversary of the Delivery Date (the “Warranty Period”). If Landlord contests whether a Non- Compliant Condition exists, the matter shall be referred to a mutually agreed upon licensed architect for resolution, whose decision shall be binding on Landlord and Tenant. Tenant acknowledges and agrees that Landlord’s architect of record may be considered for resolving such disputes. Tenant’s failure to notify Landlord of a Non-Compliant Condition before the expiration of the Warranty Period shall be deemed to conclusively establish that the Premises and the Building were at such time in good, sanitary and satisfactory condition and repair and without any Non-Compliant Conditions. Landlord shall cure, at Landlord’s sole cost and expense, any Non-Compliant Condition of which it is timely noticed and agreed that such Non-Compliant Condition exists. Notwithstanding anything to the contrary above, Tenant (not Landlord) shall have the obligation to cure a Non-Compliant Condition that is caused by the Tenant or Tenant’s agents, or triggered by Tenant’s particular use of the Premises or Tenant’s alterations to the Premises, including any modifications to the Premises or Building by Tenant or in connection with the Tenant Improvements. Tenant acknowledges that neither Landlord the existence of a Non-Compliant Condition shall not entitle Tenant to axxxx Rent nor its agents to cure such Non-Compliant Condition and offset Rent for the cost of the same except in the event that Tenant is prevented from using, and does not use, the Premises or employees have made any representations portion thereof, for ten (10) consecutive business days after Landlord’s receipt of written notice reasonably detailing such failure (the “Eligibility Period”) solely as a result Landlord’s gross negligence or warranties willful misconduct in failing to perform any repair or maintenance of a Non-Complaint Condition after during the Warranty Period, then Tenant’s Base Monthly Rent shall be equitably abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use, the suitability Premises or fitness a portion thereof, in the proportion that the rentable area of the portion of the Premises for the conduct of Tenant's business or for any other purposethat Tenant is prevented from using, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements and does not use, bears to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession total rentable area of the Premises until such use is restored up to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term a maximum of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as days. Tenant hereby waives and releases its sole remedy, shall have the right to terminate this Lease make repairs at Landlord’s expense under Sections 1941 and receive a refund 1942 of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit ECalifornia Civil Code, appropriately completedor under any similar law, within fifteen (15) days of Landlord's requeststatute, or ordinance now or hereafter in effect.

Delivery of Possession. Landlord Delivery of possession shall be deemed to have delivered possession of the Premises to Tenant occur on the Commencement Date, Date as it may be adjusted pursuant to the Workletterset forth in Section 2.3. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to of this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord candoes not deliver possession of the Premises to Tenant on the Commencement Date, this Lease will and such failure is not caused by an act or omission of Tenant, the Expiration Date shall be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage extended by the number of days the Commencement Date has been delayed and the Term validity of this Lease shall not be extended by a delayed impaired nor shall Landlord be subject to any liability for such failure; but Rent shall be abated until delivery of possession. The preceding sentence notwithstandingProvided, however, if the Commencement Date has been delayed by an act or omission of Tenant then Rent shall not be abated until delivery of possession and the Expiration Date shall not be extended. If Landlord permits Tenant to enter into possession of the Premises before the Commencement Date, such possession shall be subject to the provisions of this Lease, including, without limitation, the payment of Rent. In the event Tenant fails to deliver take possession of the Premises following execution of this Lease, Tenant shall reimburse Landlord promptly upon demand for all costs incurred by Landlord in connection with entering into this Lease including, but not limited to, broker fees and commissions, sums paid for the preparation of a floor and/or space plan for the Premises, costs incurred in performing Landlord’s Work pursuant to Tenant within sixty Exhibit “D”, loss of rental income, attorneys’ fees and costs, and any other damages for breach of this Lease established by Landlord. Within ten (6010) days after completion of improvements to the Commencement Date for any reason Premises as set forth in Exhibit “D”. Landlord shall deliver to Tenant and Tenant shall execute an Acceptance of Premises in which Tenant shall certify, among other than a Delay Caused by things, that (a) Landlord has satisfactorily completed Landlord’s Work, if any, to the Premises pursuant to Exhibit “D”, unless written exception is set forth thereon, and (b) that Tenant accepts the Premises as improved. Tenant’s failure to execute and deliver the Acceptance of Premises shall be conclusive evidence, as against Tenant, as defined in that Landlord has satisfactorily completed Landlord’s Work to the Workletter, Tenant, as its sole remedy, shall have the right Premises pursuant to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's request“D”.

Delivery of Possession. Landlord shall be deemed to have delivered possession of deliver the Leased Premises to Tenant with the Building Shell (as defined below) substantially complete on the Commencement Date, as it may be adjusted pursuant to the WorkletterEffective Date of this Lease. Landlord shall construct or install in complete the Premises the improvements to be constructed or installed by Landlord according electrical service identified as Item 4 on Schedule I to the WorkletterWork Letter (which shall not be deemed part of the Building Shell) within ninety (90) days after the Effective Date of this Lease. Tenant's obligation to pay Base Monthly Rent or Additional Rent shall not commence until the such electrical service is provided. If no Workletter Landlord is attached unable to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot so deliver possession of the Premises Building Shell to Tenant in the agreed condition on the Commencement Date, this Lease will not be void or voidabledates specified, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended in default under this Lease, nor shall this Lease be void, voidable or cancelable by a delayed delivery Tenant until the lapse of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Effective Date for any reason other than a Delay Caused by Tenant, as defined of this Lease (the "delivery grace period"). If Landlord is unable to deliver possession of the Leased Premises- in the Workletteragreed condition to Tenant within the described delivery grace period (including any extension thereof by reason of Force Majeure or the actions or inactions of Tenant), then Tenant, as its 's sole remedy, remedy shall have the right be to terminate this Lease Lease, and receive a refund of all prepaid Rent and Security Deposits provided in no event shall Landlord be liable in damages to Tenant gives written notice of termination to Landlord within three (3) days after that datefor such delay. Tenant will execute the Commencement Date Certificate attached to may not terminate this Lease as Exhibit Eat any time after the date Landlord notifies Tenant that the Leased Premises have been put into the agreed condition and are available for delivery to Tenant, appropriately completed, within fifteen (15) days of unless Landlord's requestnotice is not given in good faith.

Delivery of Possession. Landlord shall be deemed use reasonable efforts to complete Landlord's Initial Work as soon as reasonably possible after the execution of this Lease. Tenant shall have delivered possession of the right to enter upon and possess the Premises upon Landlord's completion of Landlord's Initial Work for the purpose of commencing Tenant's fixturizing, furniture and equipment installation in and to Tenant on the Premises and commencing business operations at the Premises. Such early entry shall not affect the Commencement Date; PROVIDED, HOWEVER, that if Landlord does not complete Landlord's Initial Work, as it may be adjusted pursuant to defined in Exhibit "C", by September 16, 1996, the WorkletterCommencement Date shall occur thirty (30) days after Landlord completes Landlord's Initial Work. Landlord shall construct use reasonable efforts to complete "Landlord's Additional Work" as defined in Exhibit "C" on or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on before the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord candoes not deliver possession of the Premises to Tenant on by September 16, 1996, or complete Landlord's Additional Work by the Commencement Date, this Lease will Landlord shall not be void or voidablesubject to any liability for such failure, Landlord will the Expiration Date shall not be liable to Tenant for any resulting loss or damage change and the Term validity of this Lease shall not be extended by a delayed delivery impaired. "Delivery of possession. The preceding sentence notwithstanding, if " shall be deemed to occur on the date Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, completes Landlord's Initial Work as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Exhibit "C." Any early possession by Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached pursuant to this Lease as Exhibit EArticle 4 shall be subject to the provisions of this Lease, appropriately completed, within fifteen (15) days other than the payment of Landlord's requestRent.

Delivery of Possession. Tenant shall not be entitled to use or possess all or any part of the Premises located on the 3rd, 6th, 7th, 9th and 10th Floors (collectively, the "First Phase Premises") until the later of (a) July 1, 2006 or (b) the date Landlord shall be deemed to have has delivered possession of the First Phase Premises to Tenant on the Commencement DateTenant. Subject to delays resulting from Force Majeure, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the First Phase Premises to Tenant on by July 1, 2006. However, if due to Force Majeure Landlord is unable to deliver possession of the Commencement DateFirst Phase Premises to Tenant by July 1, 2006, Landlord shall not be in default under this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended void, voidable or cancelable by a delayed delivery Tenant until the lapse of possessionan additional ninety (90) days thereafter (the "Delivery Grace Period"). The preceding sentence notwithstanding, if Delivery Grace Period shall be extended for such number of days as Landlord fails may be delayed in delivering possession of the First Phase Premises by reason of Force Majeure or the action or inaction of Tenant. If Landlord is unable to deliver possession to Tenant of the First Phase Premises within sixty the Delivery Grace Period (60) days after including any extension thereof by reason of Force Majeure or the Commencement Date for any reason other than a Delay Caused by action or inaction of Tenant), as defined in the Workletter, then Tenant, as its 's sole remedy, remedy shall have the right be to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives by written notice of termination (the "Delayed Possession Termination Notice") to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached delivered to this Lease as Exhibit E, appropriately completed, Landlord within fifteen (15) days after the last day of the Delivery Grace Period, and in no event shall Landlord be liable in damages or otherwise to Tenant for such delay or failure to deliver possession of the First Phase Premises to Tenant. If Tenant fails to deliver the Delayed Possession Termination Notice to Landlord prior to (a) the end of said fifteen (15) day period or (b) Landlord's requestdelivery of possession of the First Phase Premises, whichever shall first occur, Tenant's right to terminate this Lease pursuant to this Section 2.1(C) shall lapse and be of no further force or effect. Tenant shall not be entitled to use or possess all or any part of the Premises located on the 2nd or 5th Floors (collectively, the "Second Phase Premises") until the later of (a) January 1, 2007 or (b) the date Landlord has delivered possession of the Second Phase Premises to Tenant. If Landlord is unable to deliver possession of the Second Phase Premises to Tenant by January 1, 2007, Landlord shall not be in default under this Lease and this Lease shall not be void, voidable or cancelable by Tenant until the lapse of an additional ninety (90) days thereafter (the "Second Delivery Grace Period"). The Second Delivery Grace Period shall be extended for such number of days as Landlord may be delayed in delivering possession of the Second Phase Premises by reason of Force Majeure or the action or inaction of Tenant. If Landlord is unable to deliver possession of the Second Phase Premises within the Second Delivery Grace Period (including any extension thereof by reason of Force Majeure or the action or inaction of Tenant), then Tenant's sole remedy shall be to terminate this Lease solely with respect to the Second Phase Premises by written notice (the "Second Delayed Possession Termination Notice") to Landlord delivered to Landlord within fifteen (15) days after the last day of the Second Delivery Grace Period, and in no event shall Landlord be liable in damages or otherwise to Tenant for such delay or failure to deliver possession of the Second Phase Premises to Tenant. If Tenant fails to deliver the Second Delayed Possession Termination Notice to Landlord prior to (a) the end of said fifteen (15) day period or (b) Landlord's delivery of possession of the Second Phase Premises, whichever shall first occur, Tenant's right to terminate this Lease with respect to the Second Phase Premises pursuant to this Section 2.1(C) shall lapse and be of no further force or effect. If Tenant timely terminates this Lease as provided above with respect to the Second Phase Premises, this Lease shall remain in full force and effect as to the First Phase Premises, and on the date Landlord receives Tenant's Second Delayed Possession Termination Notice the Base Monthly Rent, Tenant's Share, the Tenant Improvement Allowance, and the number of parking passes issued to Tenant shall be adjusted accordingly to reflect the rentable square footage within the First Phase Premises, and the parties shall sign an amendment to this Lease reflecting the revised Base Monthly Rent, Tenant's Share, and Tenant Improvement Allowance. The Security Deposit shall not be subject to adjustment.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord candoes not deliver possession of the Premises to Tenant on the Commencement Date, this Lease will and such failure is not caused by an act or omission of Tenant, the Expiration Date shall be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage extended by the number of days the Commencement Date has been delayed and the Term validity of this Lease shall not be extended by a delayed impaired nor shall Landlord be subject to any liability for such failure; but Rent shall be abated until delivery of possession. The preceding sentence notwithstandingProvided, however, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than has been delayed by an act or omission of Tenant then Rent shall not be abated until delivery of possession and the Expiration Date shall not be extended. Delivery of possession shall be deemed to occur on the earlier of the date Landlord receives a Delay Caused Certificate of Occupancy or upon substantial completion of the Premises (as certified by Tenant, as defined in Landlord's architect). If Landlord permits Tenant to enter into possession of the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute Premises before the Commencement Date Certificate attached Date, such possession shall be subject to the provisions of this Lease as Exhibit ELease, appropriately completedincluding, within fifteen without limitation, the payment of Rent (15unless otherwise agreed in writing). Within ten (10) days of delivery of possession Landlord shall deliver to Tenant and Tenant shall execute an Acceptance of Premises in which Tenant shall certify, among other things, that (a) Landlord has satisfactorily completed Landlord's requestWork to the Premises pursuant to Exhibit "D", unless written exception is set forth thereon, and (b) that Tenant accepts the Premises. Tenant's failure to execute and deliver the Acceptance of Premises shall be conclusive evidence, as against Tenant, that Landlord has satisfactorily completed Landlord's Work to the Premises pursuant to Exhibit "D". In the event Tenant fails to take possession of the Premises following execution of this Lease, Tenant shall reimburse Landlord promptly upon demand for all costs incurred by Landlord in connection with entering into this Lease including, but not limited to, broker fees and commissions, sums paid for the preparation of a floor and/or space plan for the Premises, costs incurred in performing Landlord's Work pursuant to Exhibit "D", loss of rental income, attorneys' fees and costs, and any other damages for breach of this Lease established by Landlord.

Delivery of Possession. Landlord shall be deemed agrees to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date; provided, however, Tenant agrees that if Landlord is unable to deliver possession of the Premises to Tenant on the Commencement Date due to Landlord's negligence or willful misconduct or due to any Force Majuere Delay(s) (as described in Paragraph 33 of this Lease), then this Lease will not be void or voidable, voidable and Landlord will not be liable to Tenant for any resulting loss or damage resulting therefrom, but the Commencement Date and the Term Expiration Date will be extended by the number of days Landlord is late in delivering the Premises to Tenant, and rent will not commence to accrue under this Lease until Landlord delivers the Premises to Tenant. Notwithstanding the foregoing, Landlord will not be obligated to deliver possession of the Premises to Tenant (but Tenant will be liable for rent if Landlord can otherwise deliver the Premises to Tenant) until Landlord has received from Tenant all of the following: (i) a copy of this Lease shall not be extended fully executed by a delayed delivery Tenant and the guaranty of possession. The preceding sentence notwithstandingTenant's obligations under this Lease, if Landlord fails to deliver possession to Tenant within sixty any, executed by the Guarantor(s); (60ii) days after the Commencement Date for any reason other than a Delay Caused by Tenant, Security Deposit and the first installment of Monthly Base Rent; (iii) executed copies of policies of insurance or certificates thereof as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate required under Paragraph 19 of this Lease and receive a refund Lease; (iv) copies of all prepaid Rent governmental permits and Security Deposits provided authorizations, if any, required in connection with Tenant's operation of its business within the Premises; and (v) if Tenant gives written notice is a corporation or partnership, such evidence of termination to due formation, valid existence and authority as Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit Emay reasonably require, appropriately completedwhich may include, within fifteen (15) days without limitation, a certificate of Landlord's requestgood standing, certificate of secretary, articles of incorporation, statement of partnership, or other similar documentation.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Leased Premises "on or before the Intended Commencement Date (as is" set forth in its present Article 1) in their presently existing condition, broom clean, unless Landlord shall have agreed, as a condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness Tenant’s obligation, to accept possession of the Premises for the conduct Leased Premises, pursuant to an Addenda attached to and made a part of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and to modify existing interior improvements or to make, construct and/or install additional specified improvements within the WorkletterLeased Premises, in which case Landlord shall deliver to Tenant possession of the Leased Premises on or before the Intended Commencement Date as so modified and/or improved. If for any reason Landlord cannot is unable to so deliver possession of the Leased Premises to Tenant on or before the Intended Commencement Date, for whatever reason, Landlord shall not be in default under this Lease, nor shall this Lease will be void, voidable or cancelable by Tenant until the lapse of one hundred twenty days after the Intended Commencement Date (the “delivery grace period”); however, the Lease Commencement Date shall not be void deemed to have occurred until such date as Landlord notifies Tenant that the Leased Premises are Ready for Occupancy. Additionally, the delivery grace period above set forth shall be extended for such number of days as Landlord may be delayed in delivering possession of the Leased Premises to Tenant by reason of Force Majeure or voidablethe actions of Tenant. If Landlord is unable to deliver possession of the Leased Premises to Tenant within the described delivery grace period (including any extensions thereof by reason of Force Majeure of the actions of Tenant), then Tenant’s sole remedy shall be to cancel and terminate this Lease, and in no event shall Landlord will not be liable to Tenant for any resulting loss or damage and the Term of such delay. Tenant may not cancel this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days at any time after the Commencement Date date Landlord notifies Tenant the Lease Premises are Ready for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestOccupancy.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Leased Premises "on or before the Intended Commencement Date (as is" set forth in its present Article 1) in their presently existing condition, broom clean, unless Landlord shall have agreed, as a condition on to Tenant's obligation to accept possession of the Commencement Date. Tenant acknowledges that neither Landlord nor its agents Leased Premises pursuant to a written Addenda attached to and made a part of this Lease, to modify existing interior improvements or employees have made any representations to make, construct and/or install additional specified improvements within the Leased Premises or warranties as to the suitability or fitness Outside Areas, in which case Landlord shall deliver to Tenant possession of the Leased Premises for on or before the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except Intended Commencement Date as expressly provided in this Lease and the Workletterso modified and/or improved. If for any reason Landlord cannot is unable to so deliver possession of the Leased premises to Tenant in the agreed condition on or before the Intended Commencement Date, for whatever reason, Landlord shall not be in default under this Lease, nor shall this Lease be void, voidable or cancelable by Tenant until the lapse of one hundred twenty days after the Intended Commencement date (the "delivery grace period"); however, the Lease Commencement Date shall not be deemed to have occurred until such date as Landlord notifies Tenant that the Leased Premises are in the agreed condition and are Ready for Occupancy. Additionally, the delivery grace period above set forth shall be extended for such number of days as Landlord may be delayed in making the agreed improvements and/or delivering possession of the Leased Premises to Tenant on by reason of Force Majeure or the Commencement Dateactions of Tenant. If Landlord is unable to deliver possession of the Leased Premises in the agreed condition to Tenant within the described delivery grace period (including any extensions thereof by reason of Force Majeure or the actions of Tenant), then Tenant's sole remedy shall be to cancel and terminate this Lease will not be void or voidableLease, and in no event shall Landlord will not be liable in damages to Tenant for any resulting loss or damage and the Term of such delay. Tenant may not cancel this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days at any time after the Commencement Date date Landlord notifies Tenant that the Leased Premises have been put into the agreed condition and are Ready for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestOccupancy.

Delivery of Possession. Landlord The "Delivery Date" shall be deemed to have delivered the date on which Landlord delivers possession of the Expansion Premises to Tenant on with the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Landlord's Expansion Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord Work Substantially Completed and has delivered to Tenant possession a Certificate of the Premises "Completion (as is" defined in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the WorkletterSection 10.3 below). If for any reason Landlord cannot is unable to deliver possession of the Expansion Premises to Tenant on with the Commencement Landlord's Expansion Premises Work Substantially Completed by the Target Delivery Date, this Lease will not be void or voidablethen, except as provided below, Landlord will not be in default or liable in damages to Tenant, nor will the obligations of Tenant be affected, provided however, that the Delivery Date will be extended automatically by one day for each day of the period after the Target Delivery Date to the day on which Landlord tenders possession of the Expansion Premises to Tenant for any resulting loss or damage and with Landlord's Expansion Premises Work Substantially Completed as evidenced by the Term of this Lease shall not be extended by a delayed delivery of possessionthe Certificate of Completion, less any portion of that period attributable to Tenant's Delays as more particularly described in Section 10.11 below. The preceding sentence notwithstandingSuch postponement of the Delivery Date will be in full settlement of all claims that Tenant might otherwise have against Landlord by reason of Landlord's failure to have Substantially Completed its obligations by the Target Delivery Date. Notwithstanding the foregoing, if Landlord fails to the extent that Landlord, by reason of its own negligence or willful misconduct, is not able to deliver possession of the Expansion Premises with the Landlord's Expansion Premises Work Substantially Completed by the Target Delivery Date, then in addition to automatically extending the Delivery Date as set forth above, Landlord shall also axxxx Base Rent beginning on the Expansion Commencement Date for a number of days that is equivalent to the number of days that delivery of the Expansion Premises was delayed as a result of Landlord's negligence or willful misconduct. If Landlord delivers possession of the Premises with the Landlord's Expansion Premises Work Substantially Completed prior to the Target Delivery Date, then Tenant within may either accept such delivery (in which case such date will be the Delivery Date hereunder) or may refuse to accept delivery until any date selected by Tenant that is not later than the Target Delivery Date. As used herein, the terms "Substantially Completed" and "Substantially Completes" and "Substantial Completion" (or words of similar import) means that the Expansion Premises are broom clean, free of construction tools and materials, and Landlord's Expansion Premises Work has been completed in substantial accordance with the Final Plans with only minor Punch List Items remaining to be completed or corrected pursuant to Section 10.3 below. Within sixty (60) days after the Commencement Date for any reason other than Date, Landlord will provide to Tenant a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund complete set of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days as-built drawings of Landlord's requestExpansion Premises Work and manuals for any equipment incorporated into the Expansion Premises as a part of Landlord's Expansion Premises Work.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Leased Premises "on or before the Intended Commencement Date (as is" set forth in its present Article 1) in their presently existing condition, broom clean, unless Landlord shall have agreed, as a condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness Tenant's obligation to accept possession of the Premises for the conduct Leased Premises, pursuant to an Exhibit or Addenda attached to and made a part of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and to modify existing interior improvements or to make, construct and/or install additional specified improvements within the WorkletterLeased Premises, in which case Landlord shall deliver to Tenant possession of the Leased Premises on or before the Intended Commencement Date as so modified and/or improved. If for any reason Landlord cannot is unable to so deliver possession of the Leased Premises to Tenant on or before the Intended Commencement Date, for whatever reason, Landlord shall not be in default under this Lease, nor shall this Lease will be void, voidable or cancelable by Tenant until the lapse of ninety, (90) days after the Intended Commencement Date (the "delivery grace period"; however, the Lease Commencement Date shall not be void deemed to have occurred until such date as Landlord notifies Tenant that the Leased Premises are Ready for Occupancy. Additionally, the delivery grace period above set forth shall be extended for such number of days as Landlord may be delayed in delivering possession of the Leased Premises to Tenant by reason of Force Majeure or voidablethe actions of Tenant. If Landlord is unable to deliver possession of the Leased Premises to Tenant within the described delivery grace period (including any extensions thereof by reason of Force Majeure or the actions of Tenant), then Tenant's sole remedy shall be to cancel and terminate this Lease, and in no event shall Landlord will not be liable to Tenant for any resulting loss or damage and the Term of such delay. Tenant may not cancel this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days at any time after the Commencement Date date Landlord notifies Tenant the Leased Premises are Ready for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three Occupancy (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestsee attached).

Delivery of Possession. Notwithstanding anything contained herein to the contrary, Tenant acknowledges that the terms and provisions of this Lease are specifically contingent upon Landlord obtaining uncontested, exclusive legal right, title, interest and possession of the Leased Premises from the existing occupant In the event Landlord does not obtain such possession within thirty (30) days following the Intended Commencement Date, either party may, by written notice to the other, terminate this Lease and neither party shall be liable to the other for any costs, expenses or liabilities incurred by the other in connection with the preparation for Tenant's occupancy of the Leased Premises. Landlord shall use commercially reasonable efforts to substantially complete the Landlord's Work, if any, as set forth in Exhibit "13" attached hereto and deliver possession of the Leased Premises to Tenant free and clear of all tenancies and rights of others on or before the Intended Commencement Date. Unless the Building Systems are not operational in accordance with the provisions of Paragraph 2.5 on the Delivery Date, Tenant shall be deemed to have delivered possession of accepted the Leased Premises to Tenant on in their current "AS-IS" condition and the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Leased Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed to be in "Delivery Condition". Upon the date that Landlord delivered to the entire Leased Premises is in Delivery Condition, Tenant possession shall begin paying one hundred percent (100%) of all Rent due in accordance with the Premises "as is" schedule set forth in its present condition on the Commencement DateArticle 1. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or If Landlord, for any other purposereason, nor has Landlord or its agents or employees agreed fails to undertake any alterations or construct any Tenant improvements to deliver the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Leased Premises to Tenant Tenant, on or before the Intended Commencement Date, this Lease will shall not be void or voidable, nor shall Landlord will not be liable to Tenant for in any resulting loss or damage way as a result of such failure, it being understood and the Term of this Lease agreed that Tenant shall not be extended obligated to commence the payment of Rent in accordance with the schedule set forth in Article 1 until the Leased Premises have been delivered to Tenant in the Delivery Condition, unless Tenant is using the Leased Premises for its business operations. Notwithstanding the foregoing, Landlord shall not be required to deliver to Tenant possession of the Leased Premises until all the following conditions have been met: (i) this Lease has been fully executed and delivered by a delayed delivery the parties, (ii) Tenant has delivered to Landlord the Security Deposit and First Month's Prepaid Rent, and (iii) Tenant (and its contractors) has delivered to Landlord the insurance certificates or other evidence of possessionthe insurance coverage required herein. The preceding sentence notwithstanding, if Landlord fails to deliver date possession is delivered to Tenant within sixty (60) days after is referred to herein as the "Delivery Date". It is agreed that by occupying the Leased Premises, subject to Paragraph 2.5, Tenant formally accepts the Leased Premises and acknowledges that the Leased Premises are in the condition required for delivery under the terms of this Lease. If Tenant occupies the Leased Premises prior to the Intended Commencement Date for any reason other than a Delay Caused by Date, such occupancy shall be subject to the terms of this Lease, except that Tenant's obligation to pay Rent shall not commence until the Intended Commencement Date. Tenant, as defined in the Workletter, Tenant, as its sole remedyhowever, shall have be responsible to commence payment of utility charges for the right Leased Premises as of the date Tenant takes possession of the Leased Premises if prior to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Intended Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestDate.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Leased Premises "as is" in its present condition on or before the Commencement Date. Tenant acknowledges that neither Date in their presently existing condition, broom clean, unless Landlord nor its agents shall have agreed, as a condition to Tenant's obligation to accept possession of the Leased Premises pursuant to a written Addenda attached to and made a part of this Lease, to modify existing interior improvements or employees have made any representations to make, construct and/or install additional specified improvements within the Leased Premises or warranties as to the suitability or fitness Outside Areas, in which case Landlord shall deliver to Tenant possession of the Leased Premises for on or before the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except Intended Commencement Date as expressly provided in this Lease and the Workletterso modified and/or improved. If for any reason Landlord cannot is unable to so deliver possession of the Leased premises to Tenant in the agreed condition on or before the Intended Commencement Date, for whatever reason, Landlord shall not be in default under this Lease, nor shall this Lease be void, voidable or cancelable by Tenant until the lapse of one hundred twenty days after the Intended Commencement date (the "delivery grace period"); however, the Lease Commencement Date shall not be deemed to have occurred until such date as Landlord notifies Tenant that the Leased Premises are in the agreed condition and are Ready for Occupancy. Additionally, the delivery grace period above set forth shall be extended for such number of days as Landlord may be delayed in making the agreed improvements and/or delivering possession of the Leased Premises to Tenant on by reason of Force Majeure or the Commencement Dateactions of Tenant. If Landlord is unable to deliver possession of the Leased Premises in the agreed condition to Tenant within the described delivery grace period (including any extensions thereof by reason of Force Majeure or the actions of Tenant), then Tenant's sole remedy shall be to cancel and terminate this Lease will not be void or voidableLease, and in no event shall Landlord will not be liable in damages to Tenant for any resulting loss or damage and the Term of such delay. Tenant may not cancel this Lease shall not be extended by a delayed delivery of possessionat any time after the date Landlord notifies Tenant that the Leased Premises have been put into the agreed condition and are Ready for Occupancy. The preceding sentence notwithstandingNotwithstanding the foregoing, if Landlord fails is unable to deliver possession enter into a termination agreement or early expiration agreement acceptable to Landlord with Jetstream Communications, Inc. on or before March 15, 2000 pursuant to which Jetstream's lease shall terminate or expire on or before July 1, 2000, and Jetstream agrees to vacate their premises by such date, either Landlord or Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to may terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestLease.

Delivery of Possession. Landlord shall be deemed to have delivered Lessee acknowledges that it currently occupies a portion of the Premises under a sublease that expires on June 30, 2006, and thus already has possession of and will continue in possession of that portion of the Premises from and after July 1, 2006, and will take possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession balance of the Premises "as is" in its present condition on the Commencement Datestarting July 1, 2006. Tenant acknowledges that neither Landlord nor its agents or employees have made As to any representations or warranties as to the suitability or fitness portion of the Premises for the conduct that Lessee does not already possess as of Tenant's business or for any other purposeJune 30, nor has Landlord or its agents or employees agreed 2006, Lessor will deliver possession thereof to undertake any alterations or construct any Tenant improvements to the Premises except as expressly Lessee on July 1, 2006, provided in this Lease and the Workletter. If that if Lessor for any reason Landlord canwhatsoever does not deliver possession of the Premises thereof to Tenant Lessee on the Commencement DateJuly 1, this Lease will not be void or voidable2006, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of (i) this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstandingvoid or voidable nor shall Lessor be liable to Lessee for any loss or damage resulting therefrom, if Landlord fails (ii) Lessee agrees to take possession thereof when Lessor is able to deliver possession thereof, and (iii) until Lessor so delivers possession thereof to Tenant within sixty Lessee, the obligations of Lessee to pay rent and other charges under this Lease, and to perform its other obligations under this Lease, shall be prorated to reflect the extent the square footage of the space actually delivered is less than the square footage of the entire Premises, except that Lessee shall deposit the first month’s rent upon execution of this Lease, and (60iv) days after neither the scheduled Commencement Date for any reason other than a Delay Caused by Tenant(i.e., as defined July 1, 2006) nor the ending date (i.e. June 30, 2007) of the lease term set forth in Section 3.01 shall be changed. Notwithstanding the foregoing, in the Workletterevent Lessor is unable to deliver possession of the entire Premises by October 1, Tenant2006, as then Lessee, at its sole remedyoption, shall have the right be entitled to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives Lease. Any such termination shall be effectuated by written notice of termination to Landlord within three (3) days after Lessor by October 10, 2006. TIME IS OF THE ESSENCE WITH RESPECT TO THE TIME OF EXERCISE OF ANY SUCH RIGHT OF TERMINATION. Upon such termination, neither party shall have any further obligation to the other under this Lease, provided that date. Tenant will execute Lessor shall return to Lessee any sums previously deposited by Lessee with Lessor hereunder to the Commencement Date Certificate attached extent required to do so by law and this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestLease.

Delivery of Possession. Landlord shall be deemed If Sublandlord is unable to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant Subtenant on the Commencement Dateor before October 20, this Lease will not be void or voidable2003, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a whatsoever (unless due to Subtenant Delay Caused by Tenantor Force Majeure, as defined in Exhibit E), Sublandlord shall not be subject to any liability for failure to give possession on said date and the Worklettervalidity of this Sublease shall not be impaired under such circumstances, Tenantnor shall the same be construed in any way to extend the term of this Sublease; provided, however, that (a) Subtenant’s obligation to pay Fixed Rent or Additional Rent due hereunder shall not commence until such date after October 20, 2003 that Sublandlord delivers the Premises to Subtenant in the condition required by this Sublease (unless Subtenant actually occupies and conducts business from the Premises prior to such date); and (b) in the event that Sublandlord does not deliver the Premises to Subtenant, in the condition required in this Sublease, on or before October 20, 2003, or such later date as may be extended by Subtenant Delay or Force Majeure Delay (as set forth in Exhibit E hereto), Subtenant shall receive a rent credit in an amount equal to the lesser of (i) one-half the holdover rent in excess of the rent PRN paid during the term of its current lease that PRN actually pays to its current landlord; and (ii) $1,300 per day, for the period of time commencing on October 21, 2003, or such later date as may be extended by Subtenant Delay or Force Majeure Delay (as set forth in Exhibit E hereto) through either the Commencement, Date or the date Subtenant terminates this Sublease pursuant to its termination right set forth in this Paragraph 10. Notwithstanding the foregoing, if the Subtenant Improvements have not been Substantially Completed (as defined in Exhibit E) by Sublandlord by April 21, 2004, or such later date as may be extended by Subtenant Delay or Force Majeure Delay (as defined in Exhibit E hereto), (the “Drop Dead Date”‘), Subtenant may, as its Subtenant’s sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives Sublease upon written notice thereof to Sublandlord within the 2-week period following the Drop Dead Date, provided that the Subtenant Improvements have not been substantially completed by the time such notice is given by Subtenant. In the event of termination such termination, any Security Deposit and prepaid Fixed Rent shall be promptly repaid to Landlord within three (3) days after that dateSubtenant, and, if applicable, the Escrow Amount returned in its entirety to Subtenant in accordance with Paragraph 5.f. Tenant will execute the Commencement Date Certificate attached to this Lease as of Exhibit E, appropriately completed, within fifteen (15) days of Landlord's request.E.

Delivery of Possession. Landlord shall deliver the Premises to Tenant in Delivery Condition (as defined in Paragraph 4.a. below) on or before the scheduled Commencement Date in Paragraph 2.b. above (with the date Landlord actually delivers the Premises to Tenant in Delivery Condition being referred to below as the “Delivery Date”). Notwithstanding the foregoing, except as otherwise expressly provided below, in the event of any delay in the delivery of the Premises to Tenant in Delivery Condition on or before the scheduled Commencement Date, this Lease shall not be deemed void or voidable, nor shall Landlord be liable to have delivered Tenant for any loss or damage resulting therefrom, but Landlord shall use commercially reasonable and diligent efforts to deliver the Premises to Tenant in Delivery Condition as soon as reasonably possible following the scheduled Commencement Date and the Commencement Date shall be modified to be the date Landlord so delivers possession of the Premises to Tenant on in Delivery Condition and the Rent Commencement Date (and rent payment periods) and Expiration Date shall be proportionately adjusted to reflect the modification of the Commencement Date, and the parties shall execute an amendment to this Lease confirming such modifications. Notwithstanding the foregoing, if the Delivery Date has not occurred on or before the date fifteen (15) days following the scheduled Commencement Date (the “Rent Abatement Trigger Date”) (which Rent Abatement Trigger Date shall be extended by the length of any delay in the Delivery Date that results from Force Majeure, as it defined beow), then, as Tenant’s sole remedy, commencing on the date payments of Monthly Rent commence under Paragraphs 2.c. and 5 hereof, Tenant shall receive one (1) day of Monthly Rent abatement for each day beyond the Rent Abatement Trigger Date (as the same may be adjusted have been extended pursuant to the Workletterforegoing) that the Delivery Date did not occur. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according Further, notwithstanding anything to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstandingcontrary above, if Landlord fails to deliver possession to Tenant within the Delivery Date has not occurred by the date that is sixty (60) days after the scheduled Commencement Date for (the “Termination Trigger Date”) (which Termination Trigger Date shall be extended by the length of any reason other than a Delay Caused by Tenant, as defined delay in the WorkletterDelivery Date that results from Force Majeure, provided that extensions of the Termination Trigger Date on account of Force Majeure may not exceed ninety (90) days), Tenant, as its Tenant’s sole remedy, shall have the right may notify Landlord in writing that Tenant elects to terminate this Lease and receive a refund effective as of all prepaid Rent and Security Deposits provided Tenant gives the date ten (10) Business Days following the date of such written notice notice, and, if the Delivery Date does not occur on or before the end of termination to Landlord within three such ten (310) days after that date. Tenant will execute the Commencement Date Certificate attached to Business Day period, this Lease as Exhibit Eshall terminate; provided, appropriately completedhowever, within fifteen (15) days of Landlord's requestif Tenant does not terminate the Lease pursuant to the foregoing, Tenant shall still be entitled to obtain the rent credit provided for above in this grammatical paragraph.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the any improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is Work Letter attached to this Lease, it shall be deemed that Lease as Exhibit B (such improvements described herein and in the Work Letter as the "Work" or "Tenant Improvements"). If Landlord delivered is unable to Tenant deliver possession of the Premises "or substantial completion of the Work is delayed due to any circumstances besides a Tenant Delay (as is" defined in its present condition the Work Letter), this Lease shall not be void or voidable and Landlord shall not be liable to Tenant for any resultant loss or damage; however, in such event the Commencement Date will be deferred until the Work is substantially complete and Landlord is able to deliver possession of the Premises to Tenant and the Expiration Date will be deferred for an equal amount of time. Substantial completion of the Work will include a final inspection by the City of Warrenville and the oral or written approval by such City for occupancy of the Premises. However, if the Expiration Date, as so extended, falls on other than the last day of a month, then the Expiration Date will be further extended to fall on the last day of such month. If Landlord's delay in delivering possession of the Premises or substantial completion of the Work is the result of a Tenant Delay, this Lease and Tenant's obligations hereunder shall be deemed to have become effective as of the scheduled Commencement Date, and there will be no deferral of the Commencement Date or Expiration Date. The Work shall be deemed substantially complete when the Work is completed except for Punch List items, as that term is defined in the Work Letter. Tenant and Landlord shall execute the Commencement Date Certificate attached to this Lease as Exhibit C within fifteen (15) days of Landlord's request. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestWork Letter.

Delivery of Possession. Landlord shall deliver the Premises to Tenant in Delivery Condition (as defined in Paragraph 4.a. below). The date that Landlord delivers the Premises to Tenant in Delivery Condition is, as provided in Paragraph 2.b. above, the Commencement Date and such date is also sometimes referred to in this Lease as the “Delivery Date.” The parties presently estimate that the Delivery Date will be deemed on or about August 1, 2012. Notwithstanding the foregoing, except as otherwise expressly provided below, in the event of any delay in the delivery of the Premises to have Tenant in Delivery Condition due to Force Majeure (as defined below) or other causes, this Lease shall not be void or voidable, nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom, but Landlord shall continue to use commercially reasonable efforts to deliver the Premises to Tenant in Delivery Condition as soon as reasonably possible after August 1, 2012. Further. notwithstanding the foregoing, if Landlord has not delivered the Premises to Tenant in Delivery Condition on or before October 1, 2012 (the “Termination Trigger Date”)(which Termination Trigger Date shall be extended by the length of any delay in the delivery of possession of the Premises to Tenant in Delivery Condition that results from a delay caused by Tenant or Force Majeure; provided that extensions of the Termination Trigger Date on the Commencement Dateaccount of Force Majeure shall not exceed a. total of three (3) months), Tenant, as it Tenant’s sole remedy, may be adjusted pursuant notify Landlord in writing that Tenant elects to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to terminate this Lease, it shall be deemed that Landlord delivered to Tenant possession Lease effective as of the Premises "as is" in its present condition on date thirty (30) days following the Commencement Date. Tenant acknowledges that neither date of such written notice, and, if Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord candoes not deliver possession of the Premises to Tenant in Delivery Condition on or before the Commencement Dateend of’ such thirty (30) day period, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestterminate.

Delivery of Possession. Landlord shall be deemed to have delivered deliver possession of each Suite to Tenant, broom clean and free from occupancy by any party (but otherwise in its then as-is condition), promptly following the Premises expiration of the current lease of such Suite and the surrender of possession by the current occupant; provided, that the “Delivery Date” as to each Suite shall be the later to occur of (i) the Estimated Delivery Date for such Suite, and (ii) the date that Landlord delivers possession of such Suite to Tenant on in the Commencement Date, as it may be adjusted pursuant to the Workletterrequired condition. Landlord shall construct or install use its best commercially reasonable efforts to cause the Delivery Date for each Suite to occur no later than the Estimated Delivery Date therefore, as set forth in the Premises Basic Lease Information. Such best commercially reasonable efforts may include, without limitation, negotiating for the improvements early termination or “buy outs” of existing leases on terms acceptable to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Datesole and absolute discretion, seeking to enforce any contractual rights of relocation of existing tenants of Suites, and enforcing contractual surrender obligations under existing leases to cause such existing tenants to timely surrender their premises, which enforcement shall include, without limitation, promptly commencing and pursuing unlawful detainer and eviction proceedings. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties Except as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purposeotherwise expressly set forth below, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If if, for any reason whatsoever, Landlord cannot deliver possession of the Premises a Suite to Tenant on or before the Commencement DateEstimated Delivery Date for such Suite, then this Lease will shall not be void or voidable, Landlord will not nor shall Landlord, or Landlord’s agents, advisors, employees, partners, shareholders, directors, invitees, independent contractors or Landlord’s manager (collectively, “Landlord’s Agents”), be liable to Tenant for any resulting loss or damage and resulting therefrom. Notwithstanding anything herein to the contrary, in connection with any Suite for which the existing tenant’s right to occupy such Suite expires as of, or subsequent to, the Estimated Delivery Date for such Suite, then if, for any reason, including, without limitation, delays due to Force Majeure, the Delivery Date for such Suite fails to occur by the Estimated Delivery Date, then the date Tenant is otherwise required to commence the payment of Base Rent for such Suite shall be delayed by one (1) additional day for each day after the Estimated Delivery Date until the actual Delivery Date occurs. Additionally, in connection with any Suite for which the existing tenant’s right to occupy such Suite expires prior to the Estimated Delivery Date for such Suite, then if, for any reason, including, without limitation, delays due to Force Majeure, the Delivery Date for such Suite fails to occur by the date which is ninety (90) days following the Estimated Delivery Date (the “Outside Delivery Date”), then the date Tenant is otherwise required to commence the payment of Base Rent for such Suite shall be delayed by one (1) additional day for each day after the Outside Delivery Date until the actual Delivery Date occurs. For the avoidance of doubt, the Term of this Lease respecting all Suites shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after co-terminous upon the Commencement Date for any reason other than a Delay Caused by TenantExpiration Date, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Basic Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three Information. (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's request.b)

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Leased Premises "at such time as is" the Tenant Improvements (as defined in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as Paragraph 2.5 below) are substantially completed pursuant to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the WorkletterWork Letter. If for any reason Landlord cannot is unable to so deliver possession of the Leased Premises to Tenant in the agreed condition on or before the Intended Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended in default under this Lease, nor shall this Lease be void, voidable or cancelable by a delayed delivery Tenant until the lapse of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty ninety (6090) days after the Intended Commencement Date for any reason other than a Delay Caused (the "delivery grace period"); however, if Landlord's inability to so deliver the Leased Premises to Tenant is caused by Tenant, as defined the existing tenant's hold over in the WorkletterLeased Premises beyond the term of its current lease or by Landlord's gross negligence or willful misconduct, the Lease Commencement Date shall not be deemed to have occurred until the actual date of delivery. Additionally, the delivery grace period above set forth shall be extended for such number of days as Landlord may be delayed in delivering possession of the Leased Premises to Tenant by reason of Force Majeure or the action or inaction of Tenant. If Landlord is unable to deliver possession of the Leased Premises in the agreed condition to Tenant within the described delivery grace period (including any extension thereof by reason of Force Majeure or the actions or inactions of Tenant), as its then Tenant's sole remedy, remedy shall have the right be to terminate this Lease in which case Landlord shall refund to Tenant any prepaid rent and/or Security Deposit deposited by Tenant with Landlord, and receive a refund of all prepaid Rent and Security Deposits provided in no event shall Landlord be liable in damages to Tenant gives written notice of termination to Landlord within three (3) days after that datefor such delay. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's request.may not terminate

Delivery of Possession. (a) Possession of the Premises shall be delivered to Tenant on the date that Landlord’s Work is substantially complete except for punch list items (the Possession Date), which date is scheduled to be July 1, 2006, subject to delays caused by Tenant or beyond the reasonable control of Landlord in completing the work pursuant to the Work Letter. If the Landlord shall be deemed unable to have delivered give possession of the Premises to Tenant on the Possession Date for any reason, the Commencement Date shall not commence until the Possession Date, as it may be adjusted pursuant . The failure to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant give possession of the Premises "as is" on the Possession Date shall not subject Landlord to any liability for failure to give possession except that Landlord shall reimburse Tenant for any excess Base Rent actually incurred by Tenant in holding over in its present condition current space. In the alternative, at Tenant’s election, Tenant shall be entitled to a credit against Base Rent first due under this Lease in an amount equal to one day for each day that Landlord has not substantially completed Landlord’s Work after July 1, 2006. The Premises shall not be deemed to be unready for Tenant’s occupancy or incomplete on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents Possession Date if only minor or employees have made insubstantial details of construction, decoration or mechanical adjustments remain to be done in the Premises or any representations part thereof, or warranties as to if the suitability or fitness delay in the availability of the Premises for the conduct of Tenant's business or for any other purposeoccupancy shall be due to special work, nor has Landlord or its agents or employees agreed to undertake any changes, alterations or construct any additions required or made by Tenant improvements to in the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession layout or finish of the Premises to or any part thereof or shall be caused in whole or in part by Tenant through the delay of Tenant in submitting plans, supplying information, approving plans, specifications or estimates, giving authorizations or shall be otherwise caused in whole or in part by delay and/or default on the Commencement Datepart of Tenant. In the event of any dispute as to whether the Premises are ready for Tenant’s occupancy, this Lease will not the decision of Landlord’s architect shall be void or voidable, final and binding on the Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in unless a Certificate of Occupancy is required, then the Workletter, Tenant, as its sole remedy, issuance of such certificate shall have be conclusive evidence of the right to terminate this Lease and receive a refund readiness of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestpremises for occupancy.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Leased Premises "as is" in its present condition on or before the Intended Commencement Date. Tenant acknowledges that neither If Landlord nor its agents or employees have made any representations or warranties as is unable to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot so deliver possession of the Leased Premises to Tenant in the agreed condition on or before the Intended Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended in default under this lease, nor shall this Lease be void, voidable or cancelable by a delayed delivery Tenant until the lapse of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (6090) days after the Intended Commencement Date (the “delivery grace period”). Additionally, the delivery grace period above set forth shall be extended for any such number of days as Landlord may be delayed in delivering possession of the Leased Premises to Tenant by reason other than a Delay Caused by of Force Majeure or the action or inaction of Tenant, as defined . If Landlord is unable to deliver possession of the Leased Premises in the Workletteragreed condition to Tenant within the described delivery grace period (including any extension thereof by reason of Force Majeure or the actions or inactions of Tenant), then Tenant, as its ’s sole remedy, remedy shall have the right be to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives by written notice of termination delivered to Landlord within three (3) ten days after that datethe expiration of the delivery grace period (as extended, if applicable), and in no event shall Landlord be liable in damages to Tenant for such delay. Tenant will execute may not terminate this Lease at any time after the date Landlord notifies Tenant that the Leased Premises have been put into the agreed condition and are available for delivery to Tenant, unless Landlord’s notice is not given in good faith. Tenant may enter the Leased Premises prior to the Commencement Date Certificate attached to install furniture, equipment, cabling and fixtures. Such entries shall be subject to the provisions of this Lease Lease, except that the obligation to pay rent shall commence as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestthe Commencement Date.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Leased Premises "on or before the Intended Commencement Date (as is" set forth in its present Article 1) in their presently existing condition, broom clean, unless Landlord shall have agreed, as a condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness Tenant's obligation to accept possession of the Premises for the conduct Leased Premises, pursuant to an Exhibit or Addenda attached to and made a part of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and to modify existing interior improvements or to make, construct and/or install additional specified improvements within the WorkletterLeased Premises, in which case Landlord shall deliver to Tenant possession of the Leased Premises on or before the Intended Commencement Date as so modified and/or improved. If for any reason Landlord cannot is unable to so deliver possession of the Leased Premises to Tenant on or before the Intended Commencement Date, for whatever reason, Landlord shall not be in default under this Lease, nor shall this Lease will be void, voidable or cancelable by Tenant until the lapse of thirty (30) days after the intended Commencement Date (the "delivery grace period"; however, the Lease Commencement Date shall not be void deemed to have occurred until such date as Landlord notifies Tenant that the leased Premises are Ready for Occupancy. Additionally, the delivery grace period above set forth shall be extended for such number of days as Landlord may be delayed in delivering possession of the Leased Premises to Tenant by reason for Force Majeure or voidablethe actions of Tenant. If Landlord is unable to deliver possession of the Leased Premises to Tenant within the described delivery grace period (including any extensions thereof by reason of Force Majeure or the actions of Tenant), then Tenant's sole remedy shall be to cancel and terminate this Lease, and in no event shall Landlord will not be liable to Tenant for any resulting loss or damage and the Term of such delay. Tenant may not cancel this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days at any time after the Commencement Date date Landlord notifies Tenant the Leased Premises are Ready for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that dateOccupancy. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestSee attached.

Delivery of Possession. Landlord shall agrees to deliver possession of the Premises to Tenant when the Tenant Improvements have been substantially completed in accordance with Subparagraph (b) above. The parties estimate that Landlord will deliver possession of the Premises to Tenant and the Term of this Lease will commence on or before the Estimated Commencement Date set forth in Subparagraph 1.8 of the Lease. Landlord agrees to use its commercially reasonable efforts to cause the Premises to be deemed substantially completed on or before the Estimated Commencement Date. If Landlord is unable to have delivered deliver possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant or prior to the Workletter. Landlord shall construct or install date which is sixty (60) days following the Estimated Commencement Date specified in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession Subparagraph 1.8 of the Premises "as is" in its present condition on Lease for reasons other than Tenant Delays or Force Majeure Delays, the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to Lease will be voidable at the suitability or fitness of the Premises for the conduct option of Tenant's business or for any other purpose; provided, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason however, if Landlord cannot deliver possession of the Premises to Tenant on or prior to the Estimated Commencement Date, Date and Tenant does not void this Lease will not be void or voidableLease, Landlord will shall not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed resulting therefrom, but if such late delivery of possession. The preceding sentence notwithstandingis due to Landlord's negligence or willful misconduct or due to any Force Majeure Delay(s), if Landlord fails to deliver possession to Tenant within sixty (60) days after then, as Tenant's sole remedy, the Commencement Date and the Expiration Date of the Term will be extended one (1) day for any reason other than a Delay Caused by each day Landlord is delayed in delivering possession of the Premises to Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's request.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Leased Premises "at such time as is" the Tenant Improvements (as defined in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as Section 2.5 below) is substantially completed pursuant to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the WorkletterWork Letter. If for any reason Landlord cannot is unable to so deliver possession of the Leased Premises to Tenant in such condition on or before the Intended Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended in default under this Lease, nor shall this Lease be void, voidable or cancelable by a delayed delivery Tenant until the lapse of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty seventy-five (6075) days after the Intended Commencement Date (the "delivery grace period"). The delivery grace period above set forth shall be extended for any such number of days as Landlord may be delayed in delivering possession of the Leased Premises to Tenant by reason other than of Force Majeure or a Tenant Delay Caused by Tenant, (as defined in the WorkletterWork Letter attached to and made a part of this Lease (the "Work Letter")). If Landlord is unable to deliver possession of the Leased Premises in such condition to Tenant within the described delivery grace period (including any extension thereof by reason of Force Majeure or the actions or inactions of Tenant), then Tenant, as its 's sole remedy, remedy shall have the right be to terminate this Lease Lease, and receive a refund of in no event shall Landlord be liable in damages to Tenant for such delay and upon such termination, Landlord shall return all prepaid Rent sums previously paid by Tenant to Landlord, and Security Deposits provided Tenant gives written notice of termination neither party shall have any further liability to Landlord within three (3) days after that datethe other. Tenant will execute the Commencement Date Certificate attached to may not terminate this Lease as Exhibit Eat any time after the date Landlord notifies Tenant that the Leased Premises have been put into such condition and are available for delivery to Tenant, appropriately completed, within fifteen (15) days of unless Landlord's requestnotice is not given in good faith.

Delivery of Possession. Landlord shall be deemed to have delivered possession of will deliver the Premises to Tenant on the Commencement Date, with Landlord’s Work (as it may defined in Paragraph 1 of Exhibit ”C” attached hereto) substantially completed in accordance with the Final Plans and Specifications (as defined in paragraph 1 of said Exhibit ”C”), subject to revisions as mutually agreed to in writing by Landlord and Tenant, as evidenced, if requested by Tenant, by the certification of Landlord’s architect or other designated engineering representative. Tenant shall be adjusted pursuant given access to the Workletter. Premises upon written request to Landlord shall construct or install in the Premises the improvements not more than sixty (60) days prior to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to , for the suitability or fitness purposes of preparing the Premises for Tenant’s use. With the conduct exception of Tenant's business or for any other purposeAnnual Rental payments due, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in all terms and conditions of this Lease shall apply to Tenant upon such occupancy. Tenant shall coordinate such occupancy with Landlord and the Worklettershall not interfere with Landlord’s completion of Landlord’s Work. If Landlord for any reason Landlord whatsoever cannot substantially complete Landlord’s Work and deliver possession of the Premises to Tenant on the Commencement DateDate as above specified, this Lease will shall not be void or voidable, voidable nor shall Landlord will not be liable to Tenant for any resulting loss or damage resulting therefrom; but in that event (except to the extent that any such delay(s) has been caused by Tenant or its agent(s), employee(s), contractor(s) or subcontractor(s) (collectively, “Tenant Delay Factors”), and provided that in each such instance Landlord first gives Tenant written notice that if Tenant does not so cure its act or omission within two (2) business days the Term of this Lease same will thereafter be considered a Tenant Delay Factor, the Commencement Date shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if adjusted to be the date when Landlord fails to does in fact substantially complete Landlord’s Work and deliver possession of the Premises to Tenant within sixty Tenant. Notwithstanding anything herein to the contrary, in the event Landlord’s Work is not complete by the date which is one hundred twenty (60120) days after the Commencement Date for any reason other than a Delay Caused by Tenant, later to occur of: (i) waiver or expiration of the Contingency (as defined in Section 7 of Exhibit “E” hereof); and (ii) approval by Landlord and Tenant of space plans and construction drawings for the WorkletterPremises (such date referred to herein as the “Delivery Date”), Tenantexcept for reasons of Tenant Delay Factors or force majeure, as its sole remedywhich force majeure delays shall only be extended by up to 45 days, Tenant shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within be granted three (3) days after that date. Tenant will execute of free Minimal Rental for every day beyond the Delivery Date until Landlord’s Work has been complete, and the Rent Commencement Date Certificate attached shall be adjusted accordingly. In the event Landlord is unable to deliver the Premises by September 30, 2007, Tenant may terminate this Lease as Exhibit Ewith no further obligation by providing Landlord written notice on or before October 10, appropriately completed, within fifteen (15) days of Landlord's request2007.

Delivery of Possession. Landlord shall be deemed agrees to have delivered possession deliver possessions of the Premises to Tenant in accordance with the terms of the Work Letter Agreement attached hereto as Exhibit "C" , or if no Work Letter Agreement is required for this Lease, then Landlord agrees to deliver possessions of the Premises to Tenant on the Commencement Date. Notwithstanding the foregoing, as it may Landlord will not be adjusted pursuant obligated to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant deliver possession of the Premises to Tenant (but Tenant will be liable for rent if Landlord can otherwise deliver the Premises to Tenant) until Landlord has received from Tenant all of the following: (i) a copy of this Lease fully executed by Tenant and the guaranty of Tenant's obligations under this Lease, if any, executed by Guarantor(s); (ii) the Security Deposit and the first installment of Monthly Base Rent; (iii) executed copies of polices of insurance or certificates thereof as required under Paragraph 19 of this Lease (iv) copies of all governmental permits and authorizations, if any, required in connection with Tenant's operation of its business within the Premises; and (v) if Tenant is a corporation or partnership, such evidence of due formation, valid existence and authority as Landlord may reasonably require, which may include, without limitation, a certificate of good standing, certificate of secretary, articles of incorporation, statement of partnership, or other similar documentation. b) CONDITION OF PREMISES. Prior to the Commencement Date and in accordance with the Work Letter Agreement attached hereto as Exhibit "as is" C", Landlord and Tenant will jointly conduct a walk-through inspection of the Premises and will jointly prepare a punch-list ("Punch-List") of items required to be installed by Landlord under the Work Letter Agreement which require finishing or correction. The Punch-List will not include any items of damage to the Premises caused by Tenant's move-in or early entry, if permitted, which damage will be corrected or repaired by Landlord, at Tenant's expense or, at Landlord's election, by Tenant, at Tenant's expense. Other than the items specified in the Punch-List, by taking possession of the Premises, Tenant will be deemed to have accepted the Premises in its present condition on the Commencement Datedate of delivery of possession and to have acknowledged that the Tenant Improvements have been installed as required by the Work Letter Agreement and that there are no additional items needing work or repair. Landlord will cause all items in Punch-List to be repaired or corrected within thirty (30) days following the preparation of the Punch-List or as soon as practicable after the preparation of the Punch-List. Tenant acknowledges that neither Landlord nor its agents or employees have any agent of Landlord has made any representations representation or warranties as warranty with respect to the Premises, the Building, the Development or any portions thereof or with respect to the suitability or fitness of the Premises same for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any and Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, further acknowledges that Landlord will not be liable have no obligation to Tenant for construct or complete any resulting loss additional buildings or damage and improvements within the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestDevelopment.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement DateIf Landlord, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord whatsoever, cannot deliver possession of the Premises to Tenant on the Commencement Date, then this Lease will shall not be void or voidable, no obligation of Tenant shall be affected thereby, and neither Landlord will not nor Landlord's agents shall be liable to Tenant for any resulting loss or damage and resulting from the Term of this Lease shall not be extended by a delayed delay in delivery of possession; provided, however, that in such event, the Commencement Date and Expiration Date of this Lease, and all other dates that may be affected by their change, shall be revised to conform to the date of Landlord's delivery of possession to Tenant. The preceding sentence notwithstandingabove, if Landlord fails however, is subject to deliver the provision that the period permitted for the delay of delivery of possession to Tenant within sixty of the Premises shall not exceed ninety (6090) days after the Commencement Date set forth in the first sentence of this Section 3 (except that those delays beyond Landlord's control, including, without limitation, those encompassed in the meaning of the term "force majeure", or caused by Tenant (the "Delays") shall be excluded in calculating such period). If Landlord does not deliver possession to Tenant within such period, then Tenant may terminate this Lease by written notice to Landlord; provided, that written notice shall be ineffective if given after Tenant takes possession of any part of the Premises, or if given more than one hundred (100) days after the original Commencement Date plus the time of any Delays. Unless expressly otherwise provided herein, Rent (as hereinafter defined) shall commence on the earlier of: (i) the Commencement Date; (ii) occupancy of the Premises by Tenant; (iii) the date Landlord has the Premises ready for any reason other than a Delay Caused occupancy by Tenant, as defined in such date is adjusted under the WorkletterWork Letter, if any, attached hereto; or (iv) the date Landlord could have had the Premises ready had there been no Delays attributable to Tenant. Unless the context otherwise so requires, the term "Rent" as its sole remedy, shall have the right to terminate this Lease used herein includes both Base Rent (as hereinafter defined) and receive a refund of all prepaid Additional Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requesthereinafter defined).

Delivery of Possession. Except as otherwise provided herein, Landlord shall be deemed use commercially reasonable efforts to have delivered deliver possession of Premises on or before the anticipated Possession Date set forth on the Lease Summary. If for any reason, Landlord is delayed in delivering possession of the Premises to Tenant on the Commencement DateTenant, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements not be subject to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Leaseany liability for such failure, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term validity of this Lease shall not be impaired, but (except in the case of Tenant Delays) the Commencement Date shall be extended by a delayed delivery for the period of possessionsuch delay. The preceding sentence notwithstandingNotwithstanding the foregoing, provided no Default has occurred, if Landlord fails does not cause the Possession Date to occur within one hundred eighty (180) days following the anticipated Possession Date as set forth on the Lease Summary (the “Outside Date”), then the sole remedy of Tenant for such failure shall be the right to deliver possession a notice to Landlord (a “Termination Notice”) electing to terminate this Lease effective upon the date occurring fifteen (15) Business Days following receipt by Landlord of the Termination Notice (the “Effective Date”). The Termination Notice must be delivered by Tenant within sixty to Landlord, if at all, not earlier than the Outside Date nor later than fifteen (6015) days Business Days after the Commencement Outside Date. Provided however, if the Possession Date for occurs prior to the Effective Date, the termination shall be nullified and this Lease shall remain in full force and effect. Upon any reason termination as set forth in this Section, Landlord and Tenant shall be relieved from any and all liability to each other than a Delay Caused by resulting hereunder. Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the ’s right to terminate this Lease Lease, as set forth in this Section, shall be Tenant’s sole and receive a refund exclusive remedy at law or in equity for the failure of all prepaid Rent and Security Deposits provided Tenant gives written notice the Possession Date to occur by the Outside Date. The Outside Date shall be extended to the extent of termination to Landlord within three (3) days after that date. Tenant will execute any delays beyond the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days reasonable control of Landlord's request, including force majeure delays, and Tenant Delays.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord candoes not deliver possession of the Premises to Tenant on the Commencement Date, this Lease will and such failure is not caused by an act or omission of Tenant, the Expiration Date shall be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage extended by the number of days the Commencement Date has been delayed and the Term validity of this Lease shall not be extended by a delayed impaired nor shall Landlord be subject to any liability for such failure; but Rent shall be abated until delivery of possession. The preceding sentence notwithstandingProvided, however, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than has been delayed by an act or omission of Tenant then Rent shall not be abated until delivery of possession and the Expiration Date shall not be extended. Delivery of possession shall be deemed to occur on the earlier of the date Landlord receives a Delay Caused Certificate of Occupancy or upon substantial completion of the Premises (as certified by Tenant, as defined in Landlord's architect). If Landlord permits Tenant to enter into possession of the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute Premises before the Commencement Date Certificate attached Date, such possession shall be subject to the provisions of this Lease as Exhibit ELease, appropriately completedincluding, within fifteen without limitation, the payment of Rent (15unless otherwise agreed in writing). Within ten (10) days of delivery of possession Landlord shall deliver to Tenant and Tenant shall execute an Acceptance of Premises in which Tenant shall certify, among other things, that (a) Landlord has satisfactorily completed Landlord's requestWork to the Premises pursuant to Exhibit "D", unless written exception is set forth thereon, and (b) that Tenant accepts the Premises. Xxxxxx's failure to execute and deliver the Acceptance of Premises shall be conclusive evidence, as against Tenant, that Landlord has satisfactorily completed Landlord's Work to the Premises pursuant to Exhibit "D". In the event Tenant fails to take possession of the Premises following execution of this Lease, Tenant shall reimburse Landlord promptly upon demand for all costs incurred by Landlord in connection with entering into this Lease including, but not limited to, broker fees and commissions, sums paid for the preparation of a floor and/or space plan for the Premises, costs incurred in performing Landlord's Work pursuant to Exhibit "D", loss of rental income, attorneys' fees and costs, and any other damages for breach of this Lease established by Landlord.

Delivery of Possession. If Landlord shall be deemed unable for any reason to have delivered give possession of the Premises on the Commencement Date to Tenant, Landlord shall not be subject to any liability for failure to give possession. Under such circumstances the Rent reserved and covenants to be paid herein shall not commence until possession of the Premises is given to Tenant, but such failure to give possession on the Commencement Date shall not affect the validity of this Lease or otherwise affect the obligations of Tenant hereunder, nor shall the same be construed to extend the Term. Notwithstanding anything contained herein to the contrary, in the event that Landlord fails to give possession of the Premises on the Commencement Date, as it may be adjusted pursuant and such failure continues for forty-five or more days, Tenant may, at its option, terminate this Lease with written notice to the Workletter. Landlord, and Landlord shall construct then have five (5) days to return any Security Deposit or install other sums paid hereunder to Tenant, and, at such time, neither party shall have any further rights or obligations hereunder. The Premises shall neither be deemed incomplete or unavailable for Tenant's possession or occupancy if only minor or insubstantial details of construction, decoration or mechanical adjustments remain to be completed in the Premises or any part thereof, or if the improvements to be constructed or installed by Landlord according to delay in the Workletter. If no Workletter is attached to this Lease, it availability of the Premises for occupancy shall be deemed that due to special work, changes, alterations material amounts of: special work; changes; alterations; or additions required or made by Tenant in the Premises or any part thereof, or shall be caused by Tenant through the delay of Tenant in submitting plans, supplying information, approving plans, specifications or estimates, giving authorizations, or shall be caused in whole or in part by delay or default on the part of Tenant or any other reason set forth in an agreement of Landlord delivered to Tenant perform work within the Premises (herein called the "Work Letter"), if any, attached hereto. In the event of any dispute as to whether possession of the Premises "as is" in its present condition on the Commencement Date. has been tendered to Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of whether the Premises are ready for the conduct of Tenant's business or for any other purposeoccupancy, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days decision of Landlord's requestarchitect shall be final and binding on the parties.

Delivery of Possession. The Premises are currently occupied by The Integer Group, LLC (“Integer”), pursuant to a Building Lease dated May 10, 2000, as subsequently amended (the “Integer Lease”). Landlord shall be deemed has entered into an agreement with Integer to terminate the Integer Lease and to have delivered possession of Integer vacate the Premises to Tenant on the Commencement Dateeffective as of January 10, as it may be adjusted pursuant to the Workletter2005. Landlord shall construct or install in use reasonable efforts to ensure that Integer vacates the Premises the improvements to be constructed on or installed by Landlord according before January 10, 2005, and shall allow Tenant early access to the WorkletterPremises as soon as reasonably practicable following the date Integer vacates (the “Early Access Date”). If no Workletter is attached to this Lease, it The Premises shall be deemed that Landlord delivered tendered to Tenant, and Tenant possession shall accept tender of the Premises, in their “as-is, where-is” condition, without representation or warranty of any kind, except as may otherwise be specifically set forth herein. Landlord shall give Tenant and Tenant’s agents and contractors reasonable access to the Premises "beginning on the Early Access Date for the construction of the Tenant Improvements, and Tenant agrees that minor inconveniences that do not unreasonably interfere with Tenant’s construction (e.g., small amounts of personal property that may have been left behind by Integer) shall not be deemed a delay in Landlord’s delivery of the Premises. The period from the Early Access Date to the Commencement Date is referred to herein as is" in its present condition on the “Early Access Period”. All terms and conditions of this Lease shall apply during the Early Access Period; provided, however, that Tenant shall not be obligated to pay Base Rent or Additional Rent until the Commencement Date. Tenant acknowledges agrees that neither Landlord nor its agents shall not be liable in any way for any injury, loss or employees have made damage which may occur to any representations of Tenant’s property or warranties as to the suitability or fitness of installations in the Premises for during the conduct Early Access Period, the same being at Tenant’s sole risk, except where such injury, loss or damage is caused by Landlord’s or its agents’, contractors’, suppliers’ or workmen’s gross negligence. Tenant agrees to protect, defend, indemnify and hold harmless Landlord from all liabilities, costs, damages, fees and expenses, including reasonable attorney fees, arising out of or connected with the activities of Tenant or its agents, contractors, suppliers or workmen in or about the Premises, the Building, the Property or the REOA Common Area during the Early Access Period. Tenant shall pay any extraordinary Operating Costs arising during the Early Access Period which exceed the Operating Costs Landlord would have incurred in the absence of Tenant's business ’s early access. Landlord agrees to protect, defend, indemnify and hold harmless Tenant from all liabilities, Table of Contents costs, damages, fees and expenses, including reasonable attorney fees, arising out of or for any other purpose, nor has connected with the activities of Landlord or its agents agents, contractors, suppliers or employees agreed to undertake any alterations workmen in or construct any Tenant improvements to about the Premises except as expressly provided in this Lease and during the Workletter. If for Early Access Period, that unreasonably interfere with the Tenant’s construction activities; provided, however, that nothing contained herein shall be deemed to limit Landlord’s ability to perform or have performed any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void scheduled or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestemergency Building maintenance activities.

Delivery of Possession. Landlord shall be deemed to have delivered will deliver possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install date set forth in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession Section 1.7 of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purposeSummary; however, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason if Landlord cannot deliver possession of the Premises to Tenant on the Commencement Dateby such date because of Tenant-caused delays or Force Majeure Delays, this Lease will not be void or voidable, nor will Landlord will not be liable to Tenant for any resulting loss or damage and resulting from such delay. If the delay in possession is caused by Tenant (including delays caused by Tenant's failure to supply any item referred to in the following sentence), then the Term and Tenant's obligation to pay rent will commence as of the date the Commencement Date would have occurred but for Tenant's delay, even though Tenant does not yet have possession. Notwithstanding the foregoing, Landlord will not be obligated to deliver possession of the Premises to Tenant until Landlord has received from Tenant all of the following: (i) a copy of this Lease shall not be extended fully executed by a delayed delivery Tenant; (ii) the Security Deposit and the first installment of possessionBasic Rent; and (iii) copies of policies of insurance or certificates thereof as required under Section 20 of this Lease. The preceding sentence notwithstandingFurther, notwithstanding the foregoing, if Landlord fails shall fail to deliver possession to Tenant within sixty (60) days after the Commencement Date Premises by June 1, 2004, for any reason other than a Force Majeure Delay Caused or delays caused by Tenant, as defined 's failure to supply any item referred to in the Workletterpreceding sentence, and provided Tenant has obtained all building permits required for the Tenant Improvement Work, then Tenant shall be entitled to one and one-half (1½) days of free rent for each day that Landlord is late in so delivering the Premises (which is in addition to the rent abatement provided elsewhere in this Lease), and if such delivery has not occurred by July 1, 2004, for any reason other than a Force Majeure Delay or delays caused by Tenant's failure to supply any item referred to in the preceding sentence, as its sole remedyand provided Tenant has obtained all building permits required for the Tenant Improvement Work, shall have the right to then Tenant may terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives by delivering written notice of termination to Landlord within three prior to Landlord's delivery of the Premises, in which event Landlord shall return to Tenant advance rent and any other sums previously paid to Landlord, and Landlord and Tenant shall thereafter have no obligation under this Lease, except for those obligations that expressly survive termination. If Landlord shall fail to perform Landlord's Work in accordance with Landlord's Work Schedule for any reason other than a Force Majeure Delay or delays caused by an act or omission of Tenant or any of Tenant's Parties, and as the result thereof Tenant has been unable to substantially complete the Tenant Improvements by the date that is four (34) days after that date. months following the Delivery Date, then Tenant will execute the Commencement Date Certificate attached shall be entitled to this Lease as Exhibit E, appropriately completed, within fifteen one and one-half (151½) days of free rent for each day that substantial completion of the Tenant Improvements is so delayed beyond four (4) months following the Delivery Date. The foregoing abatement and termination rights shall be Tenant's sole remedy for a delay in delivery of possession, unless such delay arises from the intentional acts or omissions of Landlord's request.. 0000 Xxxx Xxxxx Xxxxxxx Credit Management, Inc.

Delivery of Possession. Landlord shall be deemed to have delivered Delivery of possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant premises to the Workletter. Landlord LESSEE shall construct occur after completion and receipt of work by the LESSOR which shall occur no later than July 1, 2000, except in cases of unforeseen force majeure or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession a legitimate cause for suspension of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises deadline for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. Considered as legitimate causes for suspension of deadline: - bad weather taken into account by the Vacation Office of the building industry, - strike (either general or specific to the construction sector and its related industries), - turmoil resulting from hostility, revolution, catastrophes, war, - delays due to utility services, - liquidation subject to court supervision, stoppage of payment or collapse of the company owning the main building. The preceding sentence notwithstandingLESSOR will inform the LESSEE, if Landlord fails by registered letter with return receipt requested, 1 month in advance, the day and hour when the premises will be delivered to deliver him. On this date, the LESSEE will take possession of the premises in a condition in accordance with their purpose, completed and received in accordance with the plans and specifications stipulated in article 3 above. Provided that faults in compliance are not of a significant nature and the defects or flaws do not make the availability or facilities of the premises unfit for their purpose, they cannot hinder the delivery of possession of the premises and effective date of the lease. On this day and hour, with respect to Tenant within sixty (60) days after the Commencement Date for any reason other than both parties, a Delay Caused by Tenantdelivery of possession report will be drawn up with a list of recorded possible reserves attached, as defined well as the list of improvement work still to be completed, chargeable to the LESSEE and stipulated in the Workletterappended Work Agreement (appendix 5). The LESSOR agrees to collect the recorded reserves within 3 months from the effective date of the lease. After this time period, Tenantthe LESSEE will be able to complete the work necessary to collect the incomplete reserves chargeable to the LESSOR, after an enforcement notice sent to the LESSOR is not satisfied after a period of eight days from the date the LESSOR receives the notice from the LESSEE. In the event that the LESSOR delivers possession of the building to the LESSEE later than July 1, 2000, due to a delay in completion of the work, the latter will be liable for late penalties, as its sole remedyestablished below, shall have which will be applied unless the right aforementioned delay is due to terminate this Lease a force majeure or a legitimate cause for suspension of deadline for delivery of possession: - From 1 to 10 days late : none - From 11 to 30 days late: 40,000 Fr each day late - From 31 to 60 days late: 60,000 Fr each day late - From 61 days late : 70,000 Fr each day late If there is an unexpected force majeure or legitimate cause for suspension of deadline, the effective date of the lease will be delayed until the effective delivery of possession of the leased premises is possible and receive a refund recorded by the delivery of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestpossession report.

Delivery of Possession. Landlord shall be deemed agrees to deliver possession of the ---------------------- Premises to Tenant when the Preliminary Tenant Improvements have delivered been substantially completed in accordance with Subparagraph (b) above. The parties estimate that Landlord will deliver possession of the Premises to Tenant and the Term of this Lease will commence on or before the Scheduled Term Commencement Date, as it may be adjusted pursuant to Date set forth in the WorkletterBasic Lease Information section of the Lease. Landlord shall construct or install in agrees to use its commercially reasonable efforts to cause the Premises the improvements to be constructed substantially completed on or installed by Landlord according to before the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Scheduled Term Commencement Date. Tenant acknowledges agrees that neither if Landlord nor its agents or employees have made any representations or warranties as is unable to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on or prior to the Scheduled Term Commencement Date, this the Lease will not be void or voidable, nor will Landlord will not be liable to Tenant for any resulting loss or damage and resulting therefrom, nor will the expiration date of the Term be in any way extended, unless such late delivery is due solely to the gross negligence or willful misconduct of this Lease shall not be extended by a Landlord. If Landlord is delayed delivery in delivering possession of possession. The preceding sentence notwithstandingthe Premises due to Landlord's gross negligence or willful misconduct or due to any Force Majeure Delay(s), if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenantthen, as defined in the Workletter, Tenant, as its 's sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Term Commencement Date Certificate attached will be extended one (1) day for each day Landlord is delayed in delivering possession of the Premises to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestTenant.

Delivery of Possession. Landlord (a) Landlord, or Landlord's supervising architect, shall give Tenant at least thirty (30) days' prior written notice of the date on which Landlord's Work will be substantially completed in accordance with Exhibit C and the Leased Premises will be available for the performance of Tenant's Work (as defined in Section 3.3) to the extent that Tenant shall be deemed able to have delivered perform its work in the Leased Premises without substantial interference resulting from the conduct of Landlord's Work ("Delivery of Possession Date"). Tenant covenants and agrees to take physical possession of the Leased Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord Delivery of Possession Date provided that Landlord's Work is "substantially completed." The term "substantially complete" shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed mean that Landlord delivered to can give Tenant possession beneficial occupancy of the Leased Premises "as is" in its present condition on so that Tenant can begin the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct performance of Tenant's business Work in safety. Landlord and Tenant acknowledge that Landlord and Tenant will be working simultaneously to complete the Leased Premises and that Landlord will be continuing the completion of Landlord's Work during the thirty (30) day period after the Delivery of Possession Date. Landlord and Tenant agree to cooperate so as to avoid interference with each other so that Landlord's Work and Tenant's Work may be completed in a timely manner. The Delivery of Possession Date shall be subsequently confirmed by Landlord, or for any other purposeLandlord's supervising architect, nor has by written notice to Tenant. Failure of Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Leased Premises to Tenant on within the Commencement Date, time and in the condition provided for in this Lease will not be void give rise to any claim for damages by Tenant against Landlord or voidable, Landlord will not be liable permit Tenant to Tenant for any resulting loss rescind or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits except as may be provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestin Section 1.2 hereof.

Delivery of Possession. Landlord shall be deemed to have delivered possession of will deliver the Premises to Tenant on or before June 1, 2016, with Landlord’s work substantially completed as described in Exhibit “C”, in accordance with the Commencement Datespace plan layout (the “Plans”) attached hereto as Exhibit “C-l” and incorporated herein by this reference (subject to revisions as mutually agreed to in writing by Landlord and Tenant), as it may be adjusted pursuant to evidenced, if requested by Tenant, by the Workletter. Landlord shall construct certification of Landlord’s architect or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletterother designated engineering representative. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord whatsoever cannot deliver possession of the Premises to Tenant on the Commencement Dateor before such date as above specified, Landlord shall not be in default hereunder, this Lease will shall not be void or voidable, voidable nor shall Landlord will not be liable to Tenant for any resulting loss or damage and resulting therefrom; but in that event, except to the Term extent that any such delay(s) has been caused by Tenant or any of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstandingits agent(s), if Landlord fails to deliver possession to employee(s), contractor(s) or subcontractor(s) (“Tenant within sixty (60) days after Delay”, more than one, “Tenant Delays”), the Commencement Date for shall be adjusted to be the date when Landlord does in fact deliver possession of the Premises to Tenant. Tenant Delays shall include, without limitation, any reason other than change in the initially approved scope of work required by Tenant and selection by Tenant of any item included in the Plans, including, without limitation, partitioning, finishes, carpet or wall covering selection, and lighting or security system specifications, the ordering, production, shipping, availability, delivery or installation of which causes, creates or results in any delay in the performance of Landlord’s work or a delay in the delivery of possession of the Premises to Tenant. In the event of any Tenant Delays, any adjustment to the Commencement Date shall reflect, on a day-for-day basis, the total number of days of all such Tenant Delays such that the adjusted Commencement Date shall be the date that is the total number of Tenant Delay Caused by days prior to the date Landlord does in fact deliver possession of the Premises to Tenant. Notwithstanding the foregoing, in the event that Landlord has not delivered the Premises to Tenant on or before June 15, 2016, as defined above provided, Landlord will provide Tenant with temporary space of not less than 5,000 square feet either in the Workletter, Tenant, as its sole remedy, shall have Building or in another building owned by Landlord in the right Park (the “Temporary Space”) until such time that Landlord is able to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that dateso deliver the Premises. Tenant will execute accept such Temporary Space in its then current “as is” condition and shall be solely responsible for any and all costs related to the Commencement Date Certificate attached installation of its desired furniture, fixtures, cabling and equipment in said Temporary Space, as well as all costs related to the removal of same and the minor restoration of the Temporary Space to the condition same was in when received by Tenant. Other than rental, Tenant’s occupancy of the Temporary Space shall be governed by the applicable provisions of this Lease Lease. Further, during the entire period beginning with Landlord’s delivery of the Temporary Space until the date Tenant surrenders the Temporary Space as Exhibit Ebelow provided, appropriately completed, Tenant shall pay to Landlord rent on a per diem basis (within fifteen 10 days following Tenant’s receipt of Landlord’s invoice therefor) at the annual rate of $19.50 per rentable square foot of said Temporary Space. Tenant shall surrender the Temporary Space with its property removed and such space restored as above provided within seven (157) days of Landlord's requestfollowing the date Landlord so delivers the Premises.

Delivery of Possession. On or before the Lease Commencement Date, Landlord, at its cost, shall have substantially completed the work, if any, required to be completed by Landlord prior to the delivery of the Premises to Tenant, as described in Exhibit “C” to this Lease (the “Landlord's Work”). For purposes of this Paragraph, the term “substantially complete” shall mean completed to such an extent that Tenant can commence its work, if any, to be undertaken by Tenant, as described in Exhibit “C” to this Lease (the “Tenant’s Work”), without material delay or interference due to the completion of Landlord’s Work, or if no such Tenant’s Work is to be undertaken, then such term shall mean completed to such an extent that the Landlord’s Work can be finally completed within thirty (30) days and without material interference to Tenant’s occupancy and use of the Premises. If possession of the Premises (including, without limitation, substantial completion of the Landlord’s Work, if any) is not delivered to Tenant on or before the Lease Commencement Date stated in Paragraph 2.4.1, above, then Landlord shall not be liable for any damage caused by such delay, and such delay shall neither affect the validity of this Lease, affect Tenant’s obligations under this Lease, nor extend the Term. Tenant’s acceptance of possession of the Premises shall constitute Tenant’s acknowledgement that it has inspected the Premises, that Tenant accepts the Premises in its then “as is” condition, that to the best of Tenant’s knowledge the Premises comply with all applicable laws and ordinances, and that the Premises are in first-class condition and repair. Except, for any items set forth on a “punch list” of excepted items delivered to Landlord upon the Lease Commencement Date, Tenant shall be deemed to have delivered possession of (i) acknowledged that Landlord’s Work has been substantially completed and (ii) accepted the Premises in its then as-is condition with no right to Tenant require Landlord to perform any additional work therein, except as set forth on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestpunch list.

Delivery of Possession. Upon execution hereof, Landlord shall be deemed deliver the Premises in broom-clean condition, ready for any Tenant improvement work, free from Hazardous Materials (as defined in Section 6(c) below), in compliance with all applicable Laws (including without limitation the Americans with Disabilities Act and all related state and local access laws, regulations and requirements the “ADA”), in good condition and working order (including without limitation all Building systems), and with HVAC zones and capacity and electrical capacity that complies with the requirements of Exhibit “B” attached hereto. In the event that Landlord fails to have delivered deliver keys to and possession of the Premises to Tenant in accordance with the requirements imposed on Landlord pursuant to this Lease by the Commencement Date, as it may be adjusted pursuant to the Workletter. then Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered pay to Tenant all rent and costs incurred by Tenant (including without limitation holdover premiums and penalties) as a result of Landlord’s failure to timely deliver possession of the Premises "as is" in its present the condition on required under this Lease from the Commencement Date. Tenant acknowledges Date until the date that neither Landlord nor its agents or employees have made any representations or warranties as actually delivers keys to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on (the “Actual Delivery Date”). Landlord shall permit Tenant to access the Premises upon execution hereof for the purposes of making Tenant improvements, installing its furniture, fixtures and equipment, performing operational testing of equipment, general office use, manufacturing, warehousing and any other uses or operations relating to Tenant’s operations. Notwithstanding Tenant’s early possession, Tenant shall not have any obligation to pay Monthly Base Rent or Utilities Costs until the Commencement Date, this Lease will not be void or voidableat which time such obligations shall begin to accrue. Pending the delivery of possession of the Premises to Tenant, Landlord will shall not be liable materially modify the Premises except as necessary to Tenant for any resulting loss or damage bring the condition of the Premises in compliance with the requirements of Section 4(b) below and shall maintain same in substantially the Term condition that exists as of the date of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstandingLease, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease reasonable and receive a refund of all prepaid Rent ordinary wear and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requesttear excepted.

Delivery of Possession. Section 4 of the Lease is hereby deleted in its entirety and the following is substituted in lieu thereof: “Landlord will deliver the Premises to Tenant in phases beginning with Phase I delivered on the Commencement Date, with Landlord’s Work for each Phase (as defined in Paragraph 1 of Exhibit ”C” attached hereto) substantially completed in accordance with the Final Plans and Specifications (as defined in paragraph 1 of said Exhibit ”C”), subject to revisions as mutually agreed to in writing by Landlord and Tenant, as evidenced, if requested by Tenant, by the certification of Landlord’s architect or other designated engineering representative. Tenant shall be deemed given access to have delivered the Premises upon written request to Landlord not more than sixty (60) days prior to the Commencement Date, for the purposes of preparing the Premises for Tenant’s use. With the exception of any Annual Rental payments due, all terms and conditions of this Lease shall apply to Tenant upon such occupancy. Tenant shall coordinate such occupancy with Landlord and shall not interfere with Landlord’s completion of Landlord’s Work. If Landlord for any reason whatsoever cannot substantially complete Landlord’s Work and deliver possession of the Premises Phase I to Tenant on the Commencement Date, Date as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Dateabove specified, this Lease will shall not be void or voidable, voidable nor shall Landlord will not be liable to Tenant for any resulting loss or damage resulting therefrom; but in that event (except to the extent that any such delay(s) has been caused by Tenant or its agent(s), employee(s), contractor(s) or subcontractor(s) (collectively, “Tenant Delay Factors”), and provided that in each such instance Landlord first gives Tenant written notice that if Tenant does not so cure its act or omission within two (2) business days the Term same will thereafter be considered a Tenant Delay Factor, the Commencement Date shall be adjusted to be the date when Landlord does in fact substantially complete Landlord’s Work and deliver possession of this Lease Phase I to Tenant. Notwithstanding anything herein to the contrary, in the event Landlord’s Work for Phase I is not complete by the date (such date referred to herein as the “Delivery Date”) which is one hundred twenty (120) days after approval (or deemed approval) by Landlord and Tenant of the Final Phase I Plans and Specification (as hereinafter defined), except for reasons of Tenant Delay Factors or force majeure (which force majeure delays shall not only be extended by a delayed delivery of possession. The preceding sentence notwithstandingup to 90 days), if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within be granted three (3) days after that date. Tenant will execute of free Minimal Rental for every day beyond the Delivery Date until Landlord’s Work for Phase I has been complete, and the Rent Commencement Date Certificate attached shall be adjusted accordingly. In the event Landlord is unable to deliver the Premises by September 30, 2007, Tenant may terminate this Lease as Exhibit Ewith no further obligation by providing Landlord written notice on or before October 10, appropriately completed, within fifteen (15) days of Landlord's request2007.”

Delivery of Possession. Landlord shall agrees to deliver possession of the Premises to Tenant when the Tenant Improvements have been substantially completed in accordance with Subparagraph (b) above. The parties estimate that Landlord will deliver possession of the Premises to Tenant and the Term of this Lease will commence on or before the estimated commencement date set forth in the Work Schedule delivered to Tenant pursuant to Paragraph 2 above (the "Projected Commencement Date"). Landlord agrees to use its commercially reasonable efforts to cause the Premises to be deemed substantially completed on or before the Projected Commencement Date. Tenant agrees that if Landlord is unable to have deliver possession of the Premises to Tenant on or prior to the Projected Commencement Date, the Lease will not be void or voidable, nor will Landlord be liable to Tenant for any loss or damage resulting therefrom, but if such late delivery is due to Landlord's fault or due to any Force Majeure Delay(s), then, as Tenant's sole remedy, the Commencement Date and the Expiration Date of the Term will be extended one (1) day for each day Landlord is delayed in delivering possession of the Premises to Tenant. In the event that Landlord has not delivered possession of the Premises to Tenant on the Commencement Dateor before December 31, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease2000, it shall be deemed that Landlord delivered to then Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives by delivering written notice of termination within five (5) business days thereafter. If Tenant fails to Landlord within three (3) days after that datetimely deliver the termination notice, then Tenant shall be deemed to have waived its termination right granted herein. The December 31, 2000 date shall be extended one day for each corresponding day of Force Majeure Delay and Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestDelay.

Delivery of Possession. Landlord shall be deemed agrees to have delivered deliver possession of the Premises to Tenant on when the Commencement Date, as it may be adjusted pursuant to the WorkletterTenant Improvements have been substantially completed in accordance with Section (b) above. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed The parties estimate that Landlord delivered to Tenant will deliver possession of the Premises "as is" to Tenant and the Term of this Lease will commence on or before the Estimated Commencement Date set forth in Section 1(f) of the Summary. Landlord agrees to use its present condition commercially reasonable efforts to cause the Premises to be substantially completed on or before the Estimated Commencement Date. Tenant acknowledges agrees that neither if Landlord nor its agents or employees have made any representations or warranties as is unable to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on or prior to the Estimated Commencement DateDate specified in Section 1.7 of the Summary, this the Lease will not be void or voidablevoidable (except as provided herein), nor will Landlord will not be liable to Tenant for any resulting loss or damage resulting therefrom, but if such late delivery is due to Landlord's negligence or willful misconduct or due to any Force Majeure Delay(s), then, as Tenant's sole remedy, the Commencement Date and the Expiration Date of the Term of this Lease shall not will be extended by a one (1) day for each day Landlord is delayed delivery in delivering possession of possessionthe Premises to Tenant. The preceding sentence notwithstandingNotwithstanding anything to the contrary contained herein, if in the event Landlord fails is unable to deliver possession of the Premises to Tenant within sixty (60in accordance with the terms of this Work Letter) by the date which is one hundred twenty (120) days after following the Estimated Commencement Date for any reason other than a Delay Caused by TenantDate, as defined in the Workletter, Tenant, as its sole remedy, Tenant shall have the right option to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice Lease; provided, however, that any such right of termination shall be deemed waived if not exercised prior to the date Landlord within three (3) days after that date. delivers possession of the Premises to Tenant will execute in accordance with the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestterms hereof.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Leased Premises "on or before the Intended Commencement Date (as is" set forth in its present Article I) in their presently existing condition, broom clean, unless Landlord shall have agreed, as a condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness Tenant’s obligation to accept possession of the Premises for the conduct Leased Premises, pursuant to an Addenda attached to and made a part of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and to modify existing interior improvements or to make, construct and/or install additional specified improvements within the WorkletterLeased Premises, in which case Landlord shall deliver to Tenant possession of the Leased Premises on or before the Intended Commencement Date as so modified and/or improved. If for any reason Landlord cannot is unable to so deliver possession of the Leased Premises to Tenant on or before the Intended Commencement Date, for whatever reason, Landlord shall not be in default under this Lease, nor shall this Lease will be void, voidable or cancelable by Tenant until the lapse of one hundred twenty days after the Intended Commencement Date (the “delivery grace period”); however, the Lease Commencement Date shall not be void deemed to have occurred until such date as Landlord notifies Tenant that the Leased Premises are Ready for Occupancy. Additionally, the delivery grace period above set forth shall be extended for such number of days as Landlord may be delayed in delivering possession of the Leased Premises to Tenant by reason of Force Majeure or voidablethe actions of Tenant. If Landlord is unable to deliver possession of the Leased Premises to Tenant within the described delivery grace period (including any extensions thereof by reason of Force Majeure or the actions of the Tenant), then Tenant’s sole remedy shall be to cancel and terminate this Lease, and in no event shall Landlord will not be liable to Tenant for any resulting loss or damage and the Term of such delay. Tenant may not cancel this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days at any time after the Commencement Date Landlord notifies Tenant the Leased Premises are Ready for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestOccupancy.

Delivery of Possession. Landlord shall be deemed deliver to have delivered Tenant, and Tenant shall accept, possession of the Leased Premises in its AS IS condition one (1) business day after the Effective Date of this Lease (the “Delivery Date”), provided that Landlord shall remain obligated to complete the Landlord’s Work. Landlord warrants to Tenant that upon delivery of the Leased Premises to Tenant on the Delivery Date, the base Building, structural portions of the Building and all plumbing, sewer, drainage, electrical, fire protection, passenger elevator, life safety, security systems and equipment, HVAC systems, and all other mechanical, electrical and communications systems and equipment of the Building (collectively, the “Building Systems”) shall be in good working condition and repair, the roof shall be water-tight, and the power facilities to the Building shall allow electrical capacity of at least 3,000 amps at 277/480 power (collectively, the “Landlord Warranty”). The foregoing Landlord Warranty shall include Landlord’s obligation to obtain all permits and inspections necessary for the use of all passenger elevators within the Leased Premises, and shall expire twelve (12) months after the Lease Commencement Date, as it may be adjusted pursuant to the Workletter. after which Landlord shall construct or install have no liability relating thereto except solely for (a) written claims (for matters covered by the Landlord Warranty) delivered to Landlord prior to said expiration date specifying the claimed issue in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to in reasonable detail and (b) Landlord’s maintenance obligations under this Lease. Tenant and its contractors, it subcontractors, agents, and employees shall be deemed that Landlord delivered permitted to Tenant possession of enter the Leased Premises "as is" in its present condition on from and after the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises Delivery Date for the conduct purpose of Tenant's business or constructing and installing the Tenant Improvements (as defined below), occupying and operating for any other purposethe Permitted Use, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any and installing furniture, fixtures, and equipment (the “Early Access Period”), provided that (a) Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term shall comply with all provisions of this Lease during the Early Access Period other than (i) the payment of Base Monthly Rent or Additional Rent (but Tenant shall pay for utilities after the Landlord’s Work has been substantially completed), and (ii) Paragraphs 5.1(a) and 5.2, and (b) such early access shall not be extended by a delayed delivery unreasonably interfere with Landlord’s performance of possessionthe Landlord’s Work. The preceding sentence notwithstandingparties agree to coordinate and reasonably cooperate to perform, if Landlord fails and cause their contractors to deliver possession perform, all work within the Leased Premises during the Early Access Period in a manner designed to minimize interference with the other party’s work. In the event such interference occurs, any delay caused thereby shall constitute a Tenant within sixty Delay (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the WorkletterWork Letter), Tenant, as its sole remedy, and Landlord shall have the right to terminate this Lease notify Tenant in writing of same, and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord if such interference is not remedied within three two (32) business days after that date. receipt of such notice, Tenant will execute shall upon Landlord’s written request, cause all of the Commencement Date Certificate attached Tenant Parties (as defined in Paragraph 4.2 below) to this Lease as Exhibit E, appropriately vacate the Leased Premises until the Landlord’s Work (or the portion thereof to which such interference relates) is completed, within fifteen (15) days of Landlord's request.

Delivery of Possession. Landlord The term of this Lease shall be deemed commence and end on the Commencement Date and Termination Date, respectively, as set forth in Paragraph 1. However, if due to have delivered causes beyond Lessor's reasonable control, including without limitation, the inability of Lessor, despite due diligence, to complete any work that it is obligated to perform in the Premises or to obtain possession of the Premises because of a holdover tenant therein, or if due to Tenant act, omission or delay on the part of Lessee, Lessor is unable to deliver the Premises with upfitting complete to Lessee by the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install then in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Leasesuch case, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, Lessee shall have the no right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute but the Commencement Date, Rental Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) and Termination Date shall be deferred by the number of days of Landlordsuch delays, provided however if such failure is due to any act, omission or delay on the part of the Lessee, despite such deferral, Lessee's requestrental obligations under this lease shall nevertheless begin on the originally scheduled Rental Commencement Date and shall continue through the deferred Termination Date. At any time prior to said Commencement Date, Lessee shall have the right, at its own risk, to enter upon the Premises for any reasonable purpose expressly permitted by Lessor; provided, however, that such entry shall not interfere with any work being done by or on behalf of Lessor therein, and Lessee shall indemnify Lessor against any claim, loss or liability arising from such entry, including any claim, loss or liability for bodily injury including death, and/or property damage. For the purpose of this lease, Lessor must deliver the premises with upfitting complete to Lessee within 120 days of lease execution.

Delivery of Possession. Landlord shall be deemed agrees to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises Expansion Space to Tenant when the Tenant Improvements for the Expansion Space have been substantially completed in accordance with Section (b) above. The parties estimate that Landlord will deliver possession of the Expansion Space to Tenant and the New Term will commence on or before September 1, 2000. Subject to the terms and conditions of the Amendment, Landlord agrees to use its commercially reasonable efforts to cause the Expansion Space to be substantially completed on or before September 1, 2000. Tenant agrees that if Landlord is unable to deliver possession of the Expansion Space to Tenant on or prior to September 1, 2000, the Commencement Date, this Lease Amendment will not be void or voidable, nor will Landlord will not be liable to Tenant for any resulting loss or damage and resulting therefrom. Landlord shall deliver the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession Expansion Space to Tenant within sixty broom clean, with all Building systems operating and in good working order. Notwithstanding the foregoing, Tenant shall be entitled to occupy the ninth (609th) floor for fourteen (14) days after prior to the New Premises Commencement Date for purposes of installing Tenant’s furniture, fixtures and equipment (“Tenant’s Work”). Tenant’s Work shall be performed by Tenant at its sole cost and expense. Such early occupancy shall be subject to all of the terms and conditions of the Lease as amended by the Amendment, including, without limitation, the provisions of Sections 15 through 18, except that provided Tenant does not commence the operation of business from the ninth (9th) floor, Tenant will not be obligated to pay Base Rental or any reason other than a Delay Caused by Tenant, additional rent during such early occupancy period. Tenant shall provide Landlord with prior notice of any such intended early occupancy so as defined not to interfere with Landlord in the Workletter, Tenant, as its sole remedy, shall have completion of the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute Improvements for the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestNew Premises.

Delivery of Possession. Landlord shall be deemed use reasonable efforts to have delivered receive exclusive possession of each space from the Premises current tenants in a timely manner so that Landlord can meet the requirements of Pargraph1 above. If Landlord shall, for any reason, fail to make available to Tenant possession of any Space (or any portion thereof) on or before the Delivery Date for such Space (or such portion thereof), Landlord shall not be subject to any liability for such failure except as expressly set forth herein. Under such circumstances, the Space No. 1 Commencement Date, Space No. 2 Commencement Date, Space No. 3 Commencement date or Space No. 4 Commencement Date, as it may applicable (or, if relating to Early Space, the applicable Early Space Commencement Date), shall be adjusted pursuant deferred by a number of days equal to the Workletternumber of days that Landlord was delayed in delivering possession of such Space (or portion thereof) to Tenant (the Space No.1 Commencement Date, Space No. 2 Commencement Date, Space No. 3 Commencement Date, Space No. 4 Commencement Date, and each Early Space Commencement Date, are sometimes hereinafter referred to as a "Commencement Date"), but not beyond the date that Tenant first takes occupancy of the applicable Space for the conduct of business. Furthermore, if Landlord shall, for any reason, fail to make available to Tenant possession of any Space within ninety (90) days after the scheduled Delivery Date, then Tenant shall construct or install be entitled to abatement of Base Rent next coming due in an amount equal to the product of (x) the number of days in the Premises period commencing upon the improvements to be constructed or installed by expiration of the foregoing 90-day period and expiring on the date immediately preceding the day Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered makes available to Tenant possession of the Premises "as is" in its present condition on applicable Space (but not to exceed the number of days that the scheduled Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness Date of the Premises for the conduct of Tenantapplicable Space is actually delayed due to Landlord's business or for any other purpose, nor has Landlord or its agents or employees agreed failure to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot timely deliver possession of such Space) multiplied by (y) the Premises to Tenant on product of (I) the Commencement Datemonthly installment of Base Rent initially payable for such Space divided by (II) thirty (30) (the "Scheduled Daily Rent"). Furthermore, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed if delivery of possessionpossession of any Space is delayed more than one hundred fifty (150) days beyond the scheduled Delivery Date the scheduled Daily Rent shall thereafter be increased to 150% of the prior amount. The preceding sentence notwithstandingFurthermore, if Landlord fails shall, for any reason, fail to deliver possession make available to Tenant possession of any Space within sixty ninety (6090) days after the Commencement Date for any reason other than a Delay Caused by Tenantscheduled Delivery Date, as defined in lieu of incurring the abatement liability described above, to the extent suitable space reasonably acceptable to Tenant is available in the WorkletterBuilding, Landlord shall provide Tenant with temporary space (the "Temporary Space") in the Building at locations designated by Landlord for Tenant to conduct its business. Tenant's occupancy of the Temporary Space shall be upon all of the same terms and provisions as are contained in this Lease, except as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's request.follows:

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord candoes not deliver possession of the Premises to Tenant on the Commencement Date, this Lease will and such failure is not caused by an act or omission of Tenant, the Expiration Date shall be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage extended by the number of days the Commencement Date has been delayed and the Term validity of this Lease shall not be extended by a delayed impaired nor shall Landlord be subject to any liability for such failure; but Rent shall be abated until delivery of possession. The preceding sentence notwithstandingProvided, however, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused has been delayed by Tenantan act or omission of Tenant then Rent shall not be abated until delivery of possession and the Expiration Date shall not be extended. Delivery of possession shall be deemed to occur on the later of the execution of the Lease or November 1, as defined in 2002 If Landlord permits Tenant to enter into possession of the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute Premises before the Commencement Date Certificate attached Date, such possession shall be subject to the provisions of this Lease as Exhibit ELease, appropriately completedincluding, within fifteen without limitation, the payment of Rent (15unless otherwise agreed in writing). Within ten (10) days of delivery of possession Landlord shall deliver to Tenant and Tenant shall execute an Acceptance of Premises in which Tenant shall certify, among other things, that (a) Landlord has satisfactorily completed Landlord's request’s Work to the Premises pursuant to Exhibit “D”, unless written exception is set forth thereon, and (b) that Tenant accepts the Premises. Tenant’s failure to execute and deliver the Acceptance of Premises shall be conclusive evidence, as against Tenant, that Landlord has satisfactorily completed Landlord’s Work to the Premises pursuant to Exhibit “D”. In the event Tenant fails to take possession of the Premises following execution of this Lease, Tenant shall reimburse Landlord promptly upon demand for all costs incurred by Landlord in connection with entering into this Lease including, but not limited to, broker fees and commissions, sums paid for the preparation of a floor and/or space plan for the Premises, costs incurred in performing Landlord’s Work pursuant to Exhibit “D”, loss of rental income, attorneys’ fees and costs, and any other damages for breach of this Lease established by Landlord.

Delivery of Possession. (a) Landlord shall give Tenant two (2) Business Days prior written notice of the date that it shall deliver the Premises to Tenant. Subject to Force Majeure and delays caused by Tenant, in the event that the Premises are not delivered to Tenant in Delivery Condition on or prior to May 1, 2002, or in the event that the work necessary to render the Premises in Final Delivery Condition has not been completed by Landlord by June 1, 2002, the Rent Commencement Date shall, in either of such cases and without duplication, be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstandingone additional day for each day subsequent to May 1, 2002 that the Premises are not so delivered in Delivery Condition to Tenant and each day subsequent to June 1, 2002 that the work necessary to render the Premises in Final Delivery Condition has not been completed, respectively (e.g., if Landlord fails to deliver possession to Tenant within sixty (60) there are two days of delay, the Rent Commencement Date will occur 185 days after the Commencement Date for any reason other than a Delay Caused by Tenant, Date). Landlord and Tenant acknowledge that Landlord will be performing work to render the Premises in Final Delivery Condition at the same time as defined Tenant is conducting work in the WorkletterPremises to prepare the same for its occupancy. Landlord and Tenant shall schedule such work in an orderly and coordinated fashion between Landlord's contractors and Tenant's contractors so as to reasonably minimize delays in the completion of such work. Landlord and Tenant shall conduct regular meetings as required for the coordination and completion of such work. Notwithstanding the foregoing, Tenantfrom and after the date hereof, as its sole remedy, Tenant shall have access to the right Premises at reasonable times and reasonable prior notice for purposes of inspection, taking measurements and similar activities related to terminate this Lease and receive Tenant's design process for the Premises, provided that Tenant shall perform such activities in a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination manner that will not interfere with or cause any delay to Landlord within three (3) days after that date. Tenant will execute in the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days conduct of Landlord's requestwork in the Premises except to a de minimis extent and Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damage incurred by Landlord arising out of Tenant's presence or activities in the Premises in connection with such activity.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Leased Premises "on or before the Intended Commencement Date (as is" set forth in its present Article 1) in their presently existing condition, broom clean, unless Landlord shall have agreed, as a condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness Tenant’s obligation, to accept possession of the Premises for the conduct Leased Premises, pursuant to an Addenda attached to and made a part of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and to modify existing interior improvements or to make, construct and/or install additional specified improvements within the WorkletterLeased Premises, in which case Landlord shall deliver to Tenant possession of the Leased Premises on or before the Intended Commencement Date as so modified and/or improved. If for any reason Landlord cannot is unable to so deliver possession of the Leased Premises to Tenant on or before the Intended Commencement Date, for whatever reason, Landlord shall not be in default under this Lease, nor shall this Lease will be void, voidable or cancelable by Tenant until the lapse of one hundred twenty days after the Intended Commencement Date (the “delivery grace period”); however, the Lease Commencement Date shall not be void deemed to have occurred until such date as Landlord notifies Tenant that the Leased Premises are Ready for Occupancy. Additionally, the delivery grace period above set forth shall be extended for such number of days as Landlord may be delayed in delivering possession of the Leased Premises to Tenant by reason of Force Majeure or voidablethe actions of Tenant. If Landlord is unable to deliver possession of the Leased Premises to Tenant within the described delivery grace period (including any extensions thereof by reason of Force Majeure of the actions of Tenant), then Tenant’s sole remedy shall be to cancel and terminate this Lease, and in no event shall Landlord will not be liable to Tenant for any resulting loss or damage and the Term of such delay. Tenant may not cancel this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days at any time after the Commencement Date date Landlord notifies Tenant the Lease Premises are Ready for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that dateOccupancy. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's request.Initial _____ _____ _____

Delivery of Possession. Tenant shall accept possession of the Premises upon the Possession Date. As used herein, the term “Possession Date” means the later to occur of (i) the date Landlord shall be deemed to have delivered possession tenders notice of delivery of the Premises to Tenant on with Landlord’s Work substantially complete (“Delivery Notice”), or (ii) the Commencement Dateearlier to occur of (a) Tenant’s receipt of its Building Permits (as defined in Section 20.11), and (b) the expiration of the Building Permit Period (as it may defined in Section 20.11). The Delivery Notice shall be adjusted pursuant conclusive and binding upon the parties hereto. Notwithstanding the foregoing to the Worklettercontrary, if Landlord inadvertently fails to give Tenant the Delivery Notice prior to Tenant taking possession of the Premises, such notice shall be deemed given as of the date Tenant takes possession of the Premises. Landlord shall construct or install in the Premises the improvements not be obligated to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on until Landlord has received from Tenant all of the Commencement Datefollowing: (a) the Security Deposit and first monthly installment of Minimum Annual Rent and Tenant’s estimated share of Common Area Costs, this Lease will Taxes and Insurance for the first (1st) month of the Initial Term; (b) Final Plans (as defined in Exhibit C), if required by Landlord; (c) a copy of Tenant’s Building Permit, if applicable and if issued by such date; and (d) executed copies of policies of insurance or certificates thereof (as required under Article 13). If Landlord chooses not be void or voidable, Landlord will not be liable to deliver possession of the Premises to Tenant for any resulting loss because one or damage and more of the Term of this Lease above items are not received by Landlord, the Possession Date shall not be extended by a delayed delivery affected thereby and the Possession Date shall be deemed to have occurred on the date Landlord would have tendered possession of possession. The preceding sentence notwithstanding, the Premises if Landlord fails it were not for the failure to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestsuch item(s).

Delivery of Possession. On or before the Lease Commencement Date, Landlord, at its cost, shall have substantially completed the work, if any, required to be completed by Landlord prior to the delivery of the Premises to Tenant, as described in Exhibit ”C” to this Lease (the “Landlord’s Work”). For purposes of this Paragraph, the term “substantially complete” shall mean completed to such an extent that Tenant can commence its work, if any, to be undertaken by Tenant, as described in Exhibit ”C” to this Lease (the “Tenant’s Work”), without material delay or interference due to the completion of Landlord’s Work or if no such Tenant’s Work is to be undertaken, then such term shall mean completed to such an extent that the Landlord’s Work can be finally completed within 30 days and without material interference to Tenant’s occupancy and use of the Premises. If possession of the Premises (including, without limitation, substantial completion of the Landlord’s Work, if any) is not delivered to Tenant on or before the Lease Commencement Date stated in the Principal Lease Provisions, then Landlord shall not be liable for any damage caused by such delay, and such delay shall neither affect the validity of this Lease, affect Tenant’s obligations under this Lease, nor extend the Term. Tenant’s acceptance of possession of the Premises shall constitute Tenant’s acknowledgment that it has inspected the Premises, that Tenant accepts the Premises in its then “as is” condition, that the Premises comply with all applicable laws and ordinances, and that the Premises are in first-class condition and repair. Except for any items set forth on a written “punch-list” of excepted items delivered to Landlord upon the Lease Commencement Date, Tenant shall be deemed to have delivered possession (i) acknowledged that Landlord’s Work has been substantially completed, (ii) accepted the Premises in its then as-is condition with no right to require Landlord to perform any additional work therein, except as set forth on the punch list, and (iii) waived any express or implied warranties regarding the condition of the Premises to Tenant on the Commencement DatePremises, as it may be adjusted pursuant to the Workletter. Landlord shall construct including any implied warranties of fitness for a particular purpose or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestmerchantability.

Delivery of Possession. If Landlord shall be deemed shall, for any reason (including, without limitation, failure to have delivered possession of complete the Premises to Tenant on the Commencement Datework, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements if any, required to be constructed or installed done by Landlord according to the Workletter. If no Workletter is attached to under this Lease), it shall be deemed that Landlord delivered fail to make available to Tenant possession of the Premises "as is" in its present condition on Alternative Substitute Premises, Landlord shall not be subject to any liability for such failure. Under such circumstances Tenant's obligations to pay the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises Basic Rent and Additional Rent for the conduct of Tenant's business or for any other purpose, nor has Alternative Substitute Premises shall not commence until Landlord or its agents or employees agreed makes possession available; and such failure to undertake any alterations or construct any make available to Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Alternative Substitute Premises shall not in any other way affect the validity or continuance of this Lease, or the Term, or the obligations of Tenant hereunder. Such deferral of Rent shall be Tenant's sole and exclusive right and remedy with respect to any such failure. There shall be no deferral of Rent, however, if any such failure is caused in whole or part by any act or omission of Tenant, its agents, servants, employees or contractors, which has the effect of hindering or delaying Landlord's delivery of possession or the timely completion of any work to be done by Landlord (hereinafter a "Tenant on Alternative Substitute Premises Delay") including, without limitation, (a) any delay which is caused by changes in the Commencement Datework to be performed by Landlord in readying the Alternative Substitute Premises for Tenant's occupancy, this Lease will not be void which changes are requested by Tenant, or voidable(b) to furnish to Landlord any required plan, Landlord will not be liable to Tenant for any resulting loss information, approval or damage and consent within the Term period of time required therefor by the terms of this Lease or caused by any good faith reluctance on the part of Landlord to approve any plan or other information required to be submitted by Tenant and approved by Landlord, or (c) any delay which is caused by the performance of any work or activity in the Alternative Substitute Premises by Tenant or any of its employees, agents or contractors. Tenant also shall not be extended by a delayed delivery of possession. The preceding sentence notwithstandingpay to Landlord, if Landlord fails to deliver possession to Tenant within sixty (60) ten days after the Commencement Date for receipt of demand made from time to time, a sum equal to any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination additional cost to Landlord within three (3) days after that date. in completing the Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestAlternative Substitute Premises Work resulting from any Tenant Alternative Substitute Premises Delay.

Delivery of Possession. If Landlord shall be deemed unable to have delivered give possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than Landlord shall not be subject to any liability for failure to give possession and except as may be otherwise expressly provided in the Workletter, the Commencement Date shall not be delayed or postponed. Except as otherwise expressly provided in the Workletter, such failure to give possession on the Commencement Date shall not affect the validity of this lease or otherwise affect the obligations of Tenant hereunder, nor shall the same be construed to extend the Term. The Premises shall not be deemed incomplete or unavailable for Tenant's possession, and the Commencement Date shall not be delayed, if any work for which Tenant is responsible under this lease (including without limitation the Workletter) is not complete. The Premises shall also not be deemed incomplete or unavailable for Tenant's possession, and the Commencement Date shall not be delayed, if there is a Tenant Delay Caused by Tenant, (as defined in the Workletter, Tenant) or if, as its sole remedyto any work for which Landlord is responsible under this lease (including without limitation the Workletter), shall have the right only minor or insubstantial details of construction, decoration or mechanical adjustments remain to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately be completed, within fifteen or if there is a delay in any such work for which Landlord is responsible due to special work, changes, alterations or additions required or made by Tenant in the Premises, or which is caused in whole or in part by Tenant through the delay of Tenant in hiring or completing contracts with architects, engineers, contractors, material suppliers or others, submitting plans, supplying information, approving plans, specifications or estimates, giving authorizations or otherwise, or which is caused in whole or in part by delay or default on the part of Tenant or any other reason set forth in the Workletter. In the event of any dispute as to whether any work for which Landlord is responsible under this lease (15) days including without limitation the Workletter)has been completed, the decision of LandlordTenant's requestarchitect shall be final and binding on the parties.

Delivery of Possession. Subject to Tenant's delivery of the items specified in the first sentence of Section 1.6 of the Lease, Landlord shall be deemed agrees to have delivered use its commercially reasonable efforts to deliver possession of the Premises to Tenant on substantially concurrently with the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession mutual execution and delivery of the Premises Lease (the "as is" in its present condition on the Commencement Scheduled Turnover Date"). Tenant acknowledges agrees that neither if Landlord nor its agents or employees have made any representations or warranties as is unable to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on or prior to the Commencement DateScheduled Turnover Date specified in the Basic Lease Information section of the Lease, this the Lease will not be void or voidable, nor will Landlord will not be liable to Tenant for any resulting loss or damage resulting therefrom. The actual date upon which Landlord turns over possession of the Premises to Tenant is the "Turnover Date." Landlord, at its sole cost and expense, shall warrant that the Building, Premises and the Term of this Lease shall not Building Systems, including, without limitation, HVAC, mechanical, electrical, plumbing, elevators, structural components, windows and doors, exterior façade, outdoor exterior patio and Building's parking structure will be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession delivered to Tenant in good working order and condition and in compliance with all codes and regulations in effect as of the Delivery Date; provided, however, Landlord shall have no liability hereunder for (aa) any breach of the above warranty unless Tenant notifies Landlord in writing of such breach within sixty forty-five (6045) days after following the Commencement Date Delivery Date, and/or (bb) repairs or replacements necessitated by the acts or omissions of Tenant and/or of Tenant's representatives, agents, contractors and/or employees; and provided further that as Tenant's sole remedy for any reason other than a Delay Caused by TenantLandlord's breach of the above warranty, as defined in the Workletter, Tenant, as its sole remedy, Tenant shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination cause Landlord to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestcure such breach.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Leased Premises "as is" thirty (30) days prior to the Intended Commencement Date in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purposethen "AS-IS" condition, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises WITH ALL FAULTS, except as otherwise expressly provided in this Lease and the WorkletterLease. If for any reason Landlord cannot is unable to deliver possession of the Leased Premises to Tenant on or before thirty (30) days before the Intended Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended in default under this Lease, nor shall this Lease be void, voidable or cancelable by a delayed delivery Tenant until the lapse of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty ninety (6090) days after the Intended Commencement Date for any reason other than a Delay Caused (the "delivery grace period"); however, if Landlord's inability to so deliver the Leased Premises to Tenant is caused by Tenant, as defined the existing tenant's hold over in the WorkletterLeased Premises beyond the term of its current lease or by Landlord's gross negligence or willful misconduct, the Lease Commencement Date shall not be deemed to have occurred until thirty (30) days after the actual date of delivery. If Landlord is unable to deliver possession of the Leased Premises in the agreed condition to Tenant within the described delivery grace period (including any extension thereof by reason of Force Majeure or the actions or inactions of Tenant), as its then Tenant's sole remedy, remedy shall have the right be to terminate this Lease, and in no event shall Landlord be liable in damages to Tenant for such delay. Tenant may not terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided at any time after the date Landlord notifies Tenant gives written that the Leased Premises are available for delivery to Tenant, unless Landlord's notice of termination is not given in good faith. Notwithstanding the foregoing delivery grace period, Landlord shall provide the Leased Premises to Landlord within three Tenant for early occupancy no later than thirty (330) days after that date. Tenant will execute in advance of the Lease Commencement Date Certificate attached Date, subject to Tenant's compliance with all of the terms and conditions of this Lease other than the payment of Base Monthly Rent. At the time Landlord delivers the Leased Premises to Tenant, Landlord shall also deliver to Tenant an executed Xxxx of Sale in the form attached as Exhibit E, appropriately completed, within fifteen (15) days F and possession of Landlord's requestthe furniture described therein.