Common use of FAILURE TO GIVE POSSESSION Clause in Contracts

FAILURE TO GIVE POSSESSION. Tenant acknowledges that it currently has possession of Space A pursuant to its affiliation with the current subtenant of said Space A, however, Tenant’s right to do any Tenant Work (as hereinafter defined) in Space A prior to the First Delivery Date is contingent upon Landlord obtaining the prior written consent of Cygnus, Inc., the current tenant of Space A. If the Landlord shall be unable to give direct possession of Space A on the First Delivery Date or Space B on the Second Delivery Date by reason of the following: (i) the holding over or retention of possession of any tenant, tenants or occupants, or (ii) for any other reason, then Landlord shall not be subject to any liability for the failure to give possession on said date. Under such circumstances the Commencement Date shall be delayed by a number of days equal to the days of delay in Landlord’s delivery of possession to Tenant. No such failure to give possession on the First Delivery Date or the Second Delivery Date shall affect the validity of this Lease or the obligations of the Tenant hereunder. If the Landlord shall be unable to give possession of Space C on the Third Delivery Date by reason of the following: (i) the holding over or retention of possession of any tenant, tenants or occupants, or (ii) for any other reason, then Landlord shall not be subject to any liability for the failure to give possession on said date. Under such circumstances the increase in Monthly Base Rent scheduled for June 1, 2005 pursuant to the provisions of Section 1.01(8) of this Lease with respect only to the increased square footage (and not the rate for the then current square footage) shall be delayed by a number of days equal to the days of delay in Landlord’s delivery of possession to Tenant. No such failure to give possession on the Third Delivery Date shall affect the validity of this Lease or the obligations of the Tenant hereunder.

FAILURE TO GIVE POSSESSION. Tenant acknowledges that it currently has possession of Space A pursuant to its affiliation with the current subtenant of said Space A, however, Tenant’s right to do any Tenant Work (as hereinafter defined) in Space A prior to the First Delivery Date is contingent upon Landlord obtaining the prior written consent of Cygnus, Inc., the current tenant of Space A. If the Landlord shall be unable to give direct possession of Space A the Premises on the First Delivery Date or Space B on the Second Delivery Projected Commencement Date by reason of the following: (i) the Building has not been sufficiently completed to make the Premises ready for occupancy, (ii) the Landlord Work is not Substantially Complete, (iii) the holding over or retention of possession of any tenant, tenants or occupants, or (ii) for any other reason, then Landlord shall not be subject to any liability for the failure to give possession on said date. Under such circumstances the Commencement Date Rent reserved and covenanted to be paid herein shall be delayed not commence until ten (10) days after the Premises are delivered to Tenant by a number of days equal to the days of delay in Landlord’s delivery of possession to Tenant. No , and no such failure to give possession on the First Delivery Date or the Second Delivery Projected Commencement Date shall affect the validity of this Lease or the obligations of the Tenant hereunder. If The Lease shall be amended so that the Term shall be extended by the period of time possession is delayed. The Premises shall be deemed to be ready for Tenant’s occupancy in the event Landlord’s Work is Substantially Complete, or if the delay in the availability of the Premises for occupancy shall be due to any Tenant Delay and/or default on the part of Tenant. In the event of any dispute as to whether the Landlord Work is Substantially Complete, the decision of Landlord’s architect shall be unable to give possession of Space C final and binding on the Third Delivery Date by reason of parties. Notwithstanding the following: foregoing, if the Premises have not been delivered to Tenant within thirty (i30) days following the holding over or retention of possession of any tenantProjected Commencement Date, tenants or occupants, or (ii) for any other reason, then Landlord Tenant shall not be subject have the right to any liability for the failure to give possession on said date. Under such circumstances the increase in Monthly Base Rent scheduled for June 1, 2005 pursuant to the provisions of Section 1.01(8) of terminate this Lease with respect only by delivery of written notice thereof to the increased square footage (and not the rate for the then current square footage) Landlord; in which event, all sums deposited by Tenant shall be delayed by a number of days equal restored to the days of delay in Landlord’s delivery of possession to Tenant. No such failure to give possession on the Third Delivery Date Tenant and neither party shall affect the validity of this Lease have any further obligations or the obligations of the Tenant rights hereunder.

FAILURE TO GIVE POSSESSION. Tenant acknowledges that it currently has possession of Space A pursuant to its affiliation with the current subtenant of said Space A, however, Tenant’s right to do any Tenant Work (as hereinafter defined) in Space A prior to the First Delivery Date is contingent upon Landlord obtaining the prior written consent of Cygnus, Inc., the current tenant of Space A. If the Landlord shall be unable to give direct possession of Space A Premises on the First Delivery Date or Space B on date of the Second Delivery Date commencement of the term hereof by reason of the following: (i) fact that Premises are located in a portion of the holding over Project being constructed and which has not been sufficiently completed to make Premises ready for occupancy or retention by reason of possession the fact that a certificate of any tenant, tenants occupancy has not been procured or occupants, or (ii) for any other reason, then or if the Project is not in course of construction and Landlord is unable to give possession of Premises on the date of the commencement of the term hereof by reason of the holding over of any tenant or tenants or for any other reason, or if repairs, alterations, improvements or decorations of Premises or of the Project or any of the areas used in connection with the operation of the Project are not completed, any such delay resulting therefrom shall be deemed excused and Landlord shall not be subject to any liability for the failure to give possession on said date. Under such circumstances circumstances, the Commencement Date Rent reserved and covenanted to be paid herein shall be delayed not commence until possession of Premises is given or Premises is available for occupancy by a number Tenant, unless such delay is the fault of days equal to the days of delay in Landlord’s delivery of possession to Tenant. No such failure to give possession on the First Delivery Date date of the commencement of the term shall in any way affect or the Second Delivery Date shall affect impair the validity of this Lease or the obligations of the Tenant hereunder, nor shall the same be construed in any way to extend the term of this Lease. If permission is given to Tenant to enter into the Landlord possession of Premises or to occupy premises other than Premises prior to the date specified as the commencement of the term of this Lease, such occupancy shall be unable deemed to give possession of Space C on be under all the Third Delivery Date by reason of the following: (i) the holding over or retention of possession of any tenantterms, tenants or occupantscovenants, or (ii) for any other reasonconditions, then Landlord shall not be subject to any liability for the failure to give possession on said date. Under such circumstances the increase in Monthly Base Rent scheduled for June 1, 2005 pursuant to the provisions of Section 1.01(8) and agreements of this Lease with respect only including, without limitation, Tenant hereby agreeing to pay Rent at the increased square footage (and not same rate as though the rate for the then current square footage) shall be delayed by a number of days equal to the days of delay in Landlord’s delivery of possession to Tenant. No such failure to give possession on the Third Delivery Date shall affect the validity term of this Lease or had commenced. In the obligations of event the Tenant hereunderPremises are to be delivered in stages, then this provision shall apply to each stage separately.

FAILURE TO GIVE POSSESSION. Tenant acknowledges that it currently has possession of Space A pursuant to its affiliation with the current subtenant of said Space A, however, Tenant’s right to do any Tenant Work (as hereinafter defined) in Space A prior to the First Delivery Date is contingent upon Landlord obtaining the prior written consent of Cygnus, Inc., the current tenant of Space A. If the Landlord shall be unable to give direct possession of Space A the Leased Premises on the First Delivery Date or Space B on the Second Delivery Date date specified in Section 1.01.E.2 ("Possession Date") by reason of any of the following: (i) Landlord has not completed its preparation of the Leased Premises, (ii) Landlord is unable to give possession of the Leased Premises by reason of the holding over or retention of possession of any tenant, tenants or occupants, or (iiiii) for any other reason, then Landlord shall not be subject to any liability for the failure to give possession on said date. Under such circumstances the Monthly Base Rent reserved and covenanted to be paid herein shall not commence until three days after the Leased Premises are available for occupancy by Tenant (which date shall then be the Lease Commencement Date and Rent Commencement Date, amending the dates specified in subsections 1.01.E.3 through 7 to provide full term; in such instance, the Parties shall be delayed by a number of days equal to the days of delay in Landlord’s delivery of possession to Tenant. No execute an addendum ("Commencement Date Addendum," setting forth said Lease Commencement Date and Rent Commencement Date), and no such failure to give possession on the First Delivery Date or the Second Delivery specified Possession Date shall affect the validity of this Lease or the obligations of the Tenant hereunder. In the event that the afore-described delays occurs, Landlord and Tenant shall memorialize the amended operative dates in an addendum hereto, nor shall the same be construed to extend the term of this Lease. If the Landlord Leased Premises are ready for occupancy prior to the Possession Date and Tenant occupies the Leased Premises prior to said date, Tenant shall be unable pay Monthly Base Rent for the period of occupancy prior to give possession of Space C the date specified in 1.01.E.4 ("Rent Commencement Date") on the Third Delivery Date by reason of the following: (i) the holding over or retention of possession of any tenant, tenants or occupants, or (ii) for any other reason, then Landlord a proportionate per diem basis. The Leased Premises shall not be subject deemed to be unready for Tenant's occupancy or incomplete if only minor insubstantial details of construction, decoration or mechanical adjustments remain to be done in the Leased Premises or any liability part thereof, or if the delay in the availability of the Leased Premises for the failure to give possession on said date. Under such circumstances the increase in Monthly Base Rent scheduled for June 1, 2005 pursuant to the provisions of Section 1.01(8) of this Lease with respect only to the increased square footage (and not the rate for the then current square footage) occupancy shall be delayed due to special work, changes, alterations or additions required or made by a number Tenant in the layout or finish of days equal to the days Leased Premises 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 otherwise or shall be caused in whole or in part by delay in Landlord’s delivery of possession to Tenant. No such failure to give possession and/or default on the Third Delivery Date part of Tenant and/or its subtenant or subtenants. In the event of any dispute as to whether the Leased Premises are ready for Tenant's occupancy, the decision of Landlord's architect shall affect be final and binding on the validity of this Lease or the obligations of the Tenant hereunderParties.

FAILURE TO GIVE POSSESSION. Tenant acknowledges that it currently has possession of Space A pursuant to its affiliation with the current subtenant of said Space A, however, Tenant’s right to do any Tenant Work (as hereinafter defined) in Space A prior to the First Delivery Date is contingent upon Landlord obtaining the prior written consent of Cygnus, Inc., the current tenant of Space A. If the Landlord shall be unable to give direct possession of Space A the Premises on the First Delivery Date or Space B on the Second Delivery Projected Commencement Date by reason of the following: (i) the Building has not been sufficiently completed to make the Premises ready for occupancy, (ii) the Landlord Work is not Substantially Complete, (iii) the holding over or retention of possession of any tenant, tenants or occupants, or (iiiv) for any other reason, then Tenant shall be entitled to an abatement of rent equivalent to one (1) day of rent for each day after the Projected Commencement Date that the Commencement Date is delayed (it being acknowledged and agreed by the parties that Landlord shall not be subject to any additional liability for the failure to give possession on said datethe Projected Commencement Date). Under such circumstances the Commencement Date rent reserved and covenanted to be paid herein shall be delayed not commence until the Premises are made available to Tenant by a number of days equal to the days of delay in Landlord’s delivery of possession to Tenant. No Landlord and any such rent abatement periods have expired, and no such failure to give possession on the First Delivery Date or the Second Delivery Projected Commencement Date shall affect the validity of this Lease or the obligations of the Tenant hereunder. If The Lease shall be amended so that the Term shall be extended by the period of time possession is delayed. The Premises shall be deemed to be ready for Tenant’s occupancy in the event Landlord’s Work is Substantially Complete, or if the delay in the availability of the Premises for occupancy shall be due to any Tenant Delay and/or default on the part of Tenant. In the event of any dispute as to whether the Landlord Work is Substantially Complete or whether the delay was caused by a Tenant Delay or a default by Tenant, the parties shall agree on a neutral third party to resolve such dispute and the decision of such third party shall be final and binding on the parties. Notwithstanding anything to the contrary herein, if the Landlord shall be unable to give possession of Space C on the Third Delivery Premises within thirty (30) days after the Projected Commencement Date (such 30-day period to be extended day-for-day by reason of the following: (i) the holding over or retention of possession amount of any tenantTenant Delay or Force Majeure), tenants or occupants, or (ii) for any other reason, then Landlord Tenant shall not be subject have the right to any liability for the failure to give possession on said date. Under such circumstances the increase in Monthly Base Rent scheduled for June 1, 2005 pursuant to the provisions of Section 1.01(8) of terminate this Lease with respect only to the increased square footage (and not the rate for the then current square footage) shall be delayed by a number of days equal to the days of delay in Landlord’s delivery of possession to Tenant. No such failure to give possession on the Third Delivery Date shall affect the validity of this Lease or the obligations of the Tenant hereunderLease.

FAILURE TO GIVE POSSESSION. Tenant hereby acknowledges that it (i) the Second Floor and the Mezzanine are currently has subject to a lease with iVillage, Inc. the present tenant thereof and (ii) the Eleventh Floor and Tenth Floor Space are currently subject to a lease with Predictive Systems Inc. ("Predictive"), the present tenant thereof. Tenant further acknowledges and agrees that Landlord's obligation to lease and deliver possession of Space A the Premises, and each portion thereof, to Tenant is subject to and conditioned upon Landlord entering into a written surrender agreements with iVillage, Inc. and with Predictive pursuant to its affiliation with each of which agreement, among other things, each portion of the current subtenant of said Space A, however, Tenant’s Premises is to be surrendered to Landlord. Tenant waives any right to do rescind this Lease under Section 223-a of the New York Real Property Law or any Tenant Work (as hereinafter defined) successor statute of similar import then in Space A prior force and further waives the right to recover any damages which may result from Landlord's failure to deliver possession of the Premises or any portion thereof for any reason whatsoever, including, but not limited to, the failure of the present tenants of the Premises to vacate and surrender the Premises to Landlord. Notwithstanding the foregoing to the First Delivery Date is contingent upon contrary, Landlord obtaining hereby agrees to deliver possession of the prior written consent of Cygnus, Inc., Second Floor and Mezzanine to Tenant on the current tenant of Space A. If the Commencement Date. It Landlord shall be unable to give direct possession of Space A on the First Delivery Date all or Space B on the Second Delivery Date by reason any portion of the following: Premises, and provided Tenant is not responsible for such inability to give possession, the Rent reserved and covenanted to be paid herein for (iand all of Tenant's other obligations and liabilities hereunder with respect to) any portion of the holding over or retention of Premises that Landlord fails to deliver possession of any tenant, tenants or occupants, or (ii) for any other reason, then Landlord shall not be subject to any liability for commence until the failure to give possession on said date. Under of such circumstances portion of the Commencement Date shall be delayed by a number of days equal to the days of delay in Landlord’s delivery of possession Premises is given to Tenant. No , and no such failure to give possession on the First Delivery Date or the Second Delivery Date shall in any way affect the validity of this Lease or the obligations of the Tenant hereunderhereunder or give rise to any claim for damages by Tenant or claim for rescission of this Lease. If permission is given to Tenant to enter into the Landlord possession of the Premises or to occupy premises other than the Premises prior to the Commencement Date, tenant covenants and agrees that such occupancy shall be unable deemed to give possession be under all the terms, covenants, conditions and provisions of Space C this Lease including the covenant to pay Rent. Notwithstanding anything contained in this Lease to the contrary, in the event the surrender agreement between Landlord and Predictive is not mutually delivered and unconditionally delivered by the parties thereto on or before 5:00 P.M. on Thursday, September 27, 2001 (which surrender agreement provides for the Third Delivery Date by reason of the following: (i) the holding over or retention delivery of possession of the Eleventh Floor and Tenth Floor Space to Landlord free of any tenant, tenants other tenancies or other occupancies or occupants), or (ii) for Tenant may, at any other reasontime prior to Landlord notifying Tenant that such surrender agreement has been mutually executed and delivered, then Landlord shall not be subject elect to any liability for the failure to give possession on said date. Under such circumstances the increase in Monthly Base Rent scheduled for June 1, 2005 pursuant to the provisions of Section 1.01(8) of terminate this Lease by notice to Landlord delivered by facsimile and by certified mail whereupon Tenant shall immediately vacate the Premises and deliver possession thereof to Landlord in accordance with respect only to the increased square footage (and not the rate for the then current square footage) terms hereof, in which event this Lease shall be delayed by a number deemed null and void and of days equal to no further force or effect, and the days of delay in Landlord’s delivery of possession to Tenant. No such failure to give possession on parties hereto shall have no further rights or obligations hereunder, except those which expressly survive the Third Delivery Date shall affect the validity of this Lease or the obligations of the Tenant hereunderTerm hereof.

FAILURE TO GIVE POSSESSION. Tenant acknowledges that it currently has possession of Space A pursuant to its affiliation with the current subtenant of said Space A, however, Tenant’s right to do any Tenant Work (as hereinafter defined) in Space A prior to the First Delivery Date is contingent upon Landlord obtaining the prior written consent of Cygnus, Inc., the current tenant of Space A. If the Landlord shall be unable to give direct possession of Space A the Premises on the First Delivery Date or Space B on the Second Delivery Projected Commencement Date by reason of the following: (i) the Building has not been sufficiently completed to make the Premises ready for occupancy, (ii) the Landlord Work is not Substantially Complete, (iii) the holding over or retention of possession of any tenant, tenants or occupants, or (iiiv) for any other reason, then Tenant shall be entitled to an abatement of rent equivalent to one (1) day of rent for each day after the Projected Commencement Date that the Commencement Date is delayed (it being acknowledged and agreed by the parties that Landlord shall not be subject to any additional liability for the failure to give possession on said datethe Projected Commencement Date). Under such circumstances the Commencement Date rent reserved and covenanted to be paid herein shall be delayed not commence until the Premises are made available to Tenant by a number of days equal to the days of delay in Landlord’s delivery of possession to Tenant. No Landlord and any such rent abatement periods have expired, and no such failure to give possession on the First Delivery Date or the Second Delivery Projected Commencement Date shall affect the validity of this Lease or the obligations of the Tenant hereunder. If The Lease shall be amended so that the Term shall be extended by the period of time possession is delayed. The Premises shall be deemed to be ready for Tenant's occupancy in the event Landlord's Work is Substantially Complete, or if the delay in the availability of the Premises for occupancy shall be due to any Tenant Delay and/or default on the part of Tenant. In the event of any dispute as to whether the Landlord Work is Substantially Complete or whether the delay was caused by a Tenant Delay or a default by Tenant, the parties shall agree on a neutral third party to resolve such dispute and the decision of such third party shall be final and binding on the parties. Notwithstanding anything to the contrary herein, if the Landlord shall be unable to give possession of Space C on the Third Delivery Premises within thirty (30) days after the Projected Commencement Date (such 30-day period to be extended day-for-day by reason of the following: (i) the holding over or retention of possession amount of any tenantTenant Delay or Force Majeure), tenants or occupants, or (ii) for any other reason, then Landlord Tenant shall not be subject have the right to any liability for the failure to give possession on said date. Under such circumstances the increase in Monthly Base Rent scheduled for June 1, 2005 pursuant to the provisions of Section 1.01(8) of terminate this Lease with respect only to the increased square footage (and not the rate for the then current square footage) shall be delayed by a number of days equal to the days of delay in Landlord’s delivery of possession to Tenant. No such failure to give possession on the Third Delivery Date shall affect the validity of this Lease or the obligations of the Tenant hereunderLease.

FAILURE TO GIVE POSSESSION. Tenant acknowledges that it currently has possession of Space A pursuant to its affiliation with the current subtenant of said Space A, however, Tenant’s right to do any Tenant Work (as hereinafter defined) in Space A prior to the First Delivery Date is contingent upon Landlord obtaining the prior written consent of Cygnus, Inc., the current tenant of Space A. If the Landlord shall be unable to give direct possession of Space A the Premises on the First Delivery Date or Space B on the Second Delivery Projected Commencement Date by reason of the following: (i) the Building has not been sufficiently completed to make the Premises ready for occupancy, (ii) the Landlord Work, if any, is not Substantially Complete, (iii) the holding over or retention of possession of any tenant, tenants or occupants, or (iiiv) for any other reason, then Landlord shall not be subject to any liability for the failure to give possession on said date. Under such circumstances circumstances, the Commencement Date shall be delayed the date the Premises are made available to Tenant by a number of days equal to the days of delay in Landlord’s delivery of possession to Tenant. No , and no such failure to give possession on the First Delivery Date or the Second Delivery Projected Commencement Date shall affect the validity of this Lease or the obligations of the Tenant hereunder. If At the option of Landlord shall to be unable to give possession of Space C on the Third Delivery Date by reason exercised within thirty (30) days of the following: (i) the holding over or retention of possession of any tenant, tenants or occupants, or (ii) for any other reason, then Landlord shall not be subject to any liability for the failure to give possession on said date. Under such circumstances the increase in Monthly Base Rent scheduled for June 1, 2005 pursuant to the provisions of Section 1.01(8) of this Lease with respect only to the increased square footage (and not the rate for the then current square footage) shall be delayed by a number of days equal to the days of delay in Landlord’s delivery of possession to Tenant, the Lease shall be amended so that the Term shall be extended by the period of time possession is delayed. No such failure The said Premises shall be deemed to give possession be ready for Tenant's occupancy in the event Landlord's Work, if any, is Substantially Complete, or if the delay in the availability of the Premises for occupancy shall be due to any Tenant Delay and/or default on the Third Delivery part of Tenant and/or its subtenant or subtenants. In the event of any dispute as to whether the Landlord Work is Substantially Complete, the decision of Landlord's architect shall be final and binding on the parties. Notwithstanding the foregoing to the contrary, if the Commencement Date has not occurred on or before April 1, 2004 (the "Outside Commencement Date"), Tenant shall be entitled to a rent abatement following the Commencement Date of $855.04 for every day in the period beginning on the Outside Commencement Date and ending on the Commencement Date.. Landlord and Tenant acknowledge and agree that the determination of the Commencement Date shall affect take into consideration the validity effect of any Tenant Delays by Tenant. Notwithstanding the foregoing to the contrary, if the Commencement Date has not occurred on or before June 1, 2004 (the "Required Commencement Date"), then, in addition to the remedy set forth above, Tenant may terminate this Lease or the obligations whereupon any monies previously paid by Tenant to Landlord shall be promptly reimbursed to Tenant and Tenant shall have no further obligation under this Lease. The Required Commencement Date shall be delayed by one day each for each day of the Tenant hereunderDelay.

FAILURE TO GIVE POSSESSION. Tenant acknowledges that it currently has waives any right to rescind this Lease under Section 223-a of the New York Real Property Law or any successor statute of similar import then in force and further waives the right to recover any damages which may result from Landlord's failure to deliver possession of Space A pursuant to its affiliation with the current subtenant Premises on the date set forth in Article 1 hereof for the commencement of said Space A, however, Tenant’s right to do any Tenant Work (as hereinafter defined) in Space A prior to the First Delivery Date is contingent upon Landlord obtaining the prior written consent of Cygnus, Inc., the current tenant of Space A. Term. If the Landlord shall be unable to give direct possession of Space A the Premises on such date, and provided Tenant is not responsible for such inability to give possession, the First Delivery Date or Space B on Rent reserved and covenanted to be paid herein shall not commence until the Second Delivery Date by reason possession of the following: (i) Premises is given or the holding over or retention of possession of any tenantPremises are available for occupancy by Tenant, tenants or occupants, or (ii) for any other reason, then Landlord shall not be subject to any liability for the failure to give possession on said date. Under such circumstances the Commencement Date shall be delayed by a number of days equal to the days of delay in Landlord’s delivery of possession to Tenant. No and no such failure to give possession on the First Delivery Date or the Second Delivery Date such date shall in any way affect the validity of this Lease or the obligations of Tenant hereunder or give rise to any claim for damages by Tenant or claim for rescission of this Lease. Notwithstanding anything to the contrary herein above set forth, if Landlord shall fail to deliver possession of the Premises to Tenant hereunder(other than as a result of an act or omission of Tenant or any person or entity acting by or on behalf of Tenant (collectively, a "Tenant Act"), by the Commencement Date, then in no event and under no circumstances shall Landlord be liable for any of Tenant's costs or expenses; it be agreed that unless such failure is a result of a Tenant Act, the Rent Commencement Date and the Expiration Date shall be postponed one (1) day for every day occurring between the Commencement Date and the date on which the Premises are available for occupancy, and such postponement of the Rent Commencement Date and the Expiration Date shall be Tenant's sole remedy for such failure. If permission is given to Tenant to enter into the Landlord possession of the Premises or to occupy premises other than the Premises prior to the Commencement Date, Tenant covenants and agrees that such occupancy shall be unable deemed to give possession be under all the terms, covenants, conditions and provisions of Space C on this Lease, including the Third Delivery Date covenant to pay Rent. Tenant acknowledges that the Premises are currently occupied by reason a tenant pursuant to an existing lease. Tenant further acknowledges that the expiration of the following: (i) lease covering the holding over or retention of possession of any tenantPremises expires by its terms on April 30, tenants or occupants2000, or (ii) for any other reason, then and that Landlord shall not be subject to any liability for and the failure to give possession existing on said date. Under such circumstances the increase in Monthly Base Rent scheduled for June 1, 2005 pursuant tenant have executed a surrender agreement with respect to the provisions of Section 1.01(8) Premises simultaneously with the execution and delivery of this Lease with respect only to the increased square footage (and not the rate for the then current square footage) shall be delayed by a number Lease, which surrender agreement is effective as of days equal to the days of delay in Landlord’s delivery of possession to Tenant. No such failure to give possession on the Third Delivery Date shall affect the validity of this Lease or the obligations of the Tenant hereunderOctober 20, 1999.

FAILURE TO GIVE POSSESSION. Tenant acknowledges that it currently has possession of Space A pursuant to its affiliation with the current subtenant of said Space A, however, Tenant’s right to do any Tenant Work (as hereinafter defined) in Space A prior to the First Delivery Date is contingent upon Landlord obtaining the prior written consent of Cygnus, Inc., the current tenant of Space A. If the Landlord shall be unable to give direct possession of Space A the Premises on the First Delivery Date or Space B on the Second Delivery Projected Commencement Date by reason of the following: (i) the Building has not been sufficiently completed to make the Premises ready for occupancy, (ii) the Landlord Work is not Substantially Complete, (iii) the holding over or retention of possession of any tenant, tenants or occupants, or (ii) for any other reason, then Landlord shall not be subject to any liability for the failure to give possession on said date. Under such circumstances the Commencement Date Rent reserved and covenanted to be paid herein shall be delayed not commence until ten (10) days after the Premises are delivered to Tenant by a number of days equal to the days of delay in Landlord’s delivery of possession to Tenant. No , and no such failure to give possession on the First Delivery Date or the Second Delivery Projected Commencement Date shall affect the validity of this Lease or the obligations of the Tenant hereunder. If The Lease shall be amended so that the Term shall be extended by the period of time possession is delayed. The Premises shall be deemed to be ready for Tenant’s occupancy in the event Landlord’s Work is Substantially Complete, or if the delay in the availability of the Premises for occupancy shall be due to any Tenant Delay and/or default on the part of Tenant. In the event of any dispute as to whether the Landlord Work is Substantially Complete, the decision of Landlord’s architect shall be unable to give possession of Space C final and binding on the Third Delivery Date by reason of parties. Notwithstanding the following: foregoing, if the Premises have not been delivered to Tenant within thirty (i30) days following the holding over or retention of possession of any tenantProjected Commencement Date, tenants or occupants, or (ii) for any other reason, then Landlord Tenant shall not be subject have the right to any liability for the failure to give possession on said date. Under such circumstances the increase in Monthly Base Rent scheduled for June 1, 2005 pursuant to the provisions of Section 1.01(8) of terminate this Lease with respect only by delivery of written notice thereof to the increased square footage (and not the rate for the then current square footage) Landlord; in which event, all sums deposited by Tenant shall be delayed by a number of days equal restored to the days of delay in Landlord’s delivery of possession to TenantTenant and neither party shall have any further obligations or rights hereunder. No such failure to give possession on the Third Delivery Date shall affect the validity of this Lease or the obligations of the Tenant hereunder.​ ​