Common use of Possession of Demised Premises Clause in Contracts

Possession of Demised Premises. Delivery of possession of, and Lessee's right of entry to, the Demised Premises shall be effectuated for all purposes by and upon execution of this Lease. Lessee agrees that, if Lessor is unable to deliver possession of the Demised Premises to Lessee on the scheduled commencement of the Term of this Lease, this Lease shall not be void or voidable, nor shall Lessor be liable to Lessee for any loss or damage resulting from the failure to deliver possession, but in such event, Lessee shall not be liable for any rent until such time as Lessee has actual possession of the Demised Premises. For any partial month during the period between the beginning of the Term and the time when Lessor can deliver possession, the rent for such month will be pro rated, and the portion of the payment of the first month's rent during which Lessor cannot deliver possession of the Premises, as provided for herein, shall be credited to lessee's next month's rent due in full settlement of any and all damages by Lessee. In the event that the period between the commencement date and the delivery date is more than one month, the total duration of the Lease Term established in this Lease shall remain unchanged, and to this effect, the expiration date of the Lease Term shall be extended for a period of time equal to the delay. If circumstances should arise and render Lessor unable to deliver possession of the demised Premises within four months of the commencement date of this Lease, all money deposited by Lessee with Lessor including advance rental payments and security deposits, shall be returned to Lessee as liquidated damages, Lessee shall be released from its obligation to pay rent, and this Lease shall be null and void; provided however, the parties may mutually agree to the execution of an addendum to this Lease which thereby establishes a new commencement date and termination date of this Lease. In the event such an addendum is executed by the parties, it shall be made with the same formalities and pursuant to the same terms of this Lease. 10

Possession of Demised Premises. Delivery If the Landlord's Improvements are ------------------------------ not Substantially Completed on or prior to the Completion Date but are partially ready for occupancy, Tenant may, but need not, occupy the portion of possession ofsame that is ready for occupancy, and Lesseein the event of such occupancy Tenant shall pay to Landlord the pro rata portion of the full Base Rent and the pro rata portion of the full amount of other obligations to be paid by Tenant hereunder equitably based upon the area of the Building occupied by Tenant. Base Rent and the payment of other obligations to be paid by Tenant shall commence upon the Commencement Date; provided, however that in the event the Landlord's right -------- Improvements are partially completed and partially ready for occupancy, and are occupied by Tenant, a pro rata portion of entry to, the Demised Premises Base Rent and the pro rata portion of all other obligations to be paid by Tenant shall be effectuated for all purposes payable commencing with such date of partial occupancy, and shall be equitably adjusted from time to time based upon the area of the portion of Landlord's Improvements actually occupied by Tenant. Prior to such partial occupancy, Tenant and/or Tenant's contractors shall have been able to install its machinery, equipment, fixtures and upon execution of this Lease. Lessee agrees that, if Lessor is unable to deliver possession other personal property within the portion of the Demised Premises to Lessee on the scheduled commencement of the Term of this Leasebe occupied by Tenant. In performing such pre-occupancy work, this Lease Tenant shall not be void thereby interfere with the completion of construction or voidableoccasion any labor dispute as a result of such installations and Tenant hereby agrees to assume all risk of loss or damage to such machinery, nor shall Lessor be liable equipment, fixtures and other personal property, and to Lessee for indemnify, defend and hold harmless Landlord from any loss or damage resulting from the failure to deliver possessionsuch machinery, but in such eventequipment, Lessee shall not be liable for any rent until such time as Lessee has actual possession of the Demised Premises. For any partial month during the period between the beginning of the Term fixtures and the time when Lessor can deliver possession, the rent for such month will be pro ratedpersonal property, and all liability, loss or damage arising from any injury to the portion property of the payment of the first month's rent during which Lessor cannot deliver possession of the PremisesLandlord, as provided for hereinor its contractors, shall be credited to lessee's next month's rent due in full settlement of any and all damages by Lessee. In the event that the period between the commencement date and the delivery date is more than one month, the total duration of the Lease Term established in this Lease shall remain unchangedsubcontractors or materialmen, and any death or personal injury to this effect, the expiration date of the Lease Term shall be extended for a period of time equal any person or persons to the delay. If circumstances should arise and render Lessor unable to deliver possession of the demised Premises within four months of the commencement date of this Leaseextent caused by Tenant or its contractors in connection with such installations, all money deposited by Lessee with Lessor including advance rental payments and security depositsexcept for liability, shall be returned to Lessee as liquidated damages, Lessee shall be released from its obligation to pay rent, and this Lease shall be null and void; provided however, the parties may mutually agree loss or damage to the execution extent caused by Landlord's negligence or willful misconduct (or of an addendum to this Lease which thereby establishes a new commencement date and termination date of this Lease. In the event such an addendum is executed by the partiesLandlord's agents, it shall be made with the same formalities and pursuant to the same terms of this Lease. 10contractors or employees).

Possession of Demised Premises. Delivery Except as herein provided (e.g. in cases of events of Excused Delay caused by Tenant, its contractors, agents or employees), Tenant shall not be liable to Landlord for the payment of Basic Rent or the payment of any other obligation to be paid by Tenant under this Lease nor shall Tenant have any right to possession of, and Lessee's right of entry to, the Demised Premises shall be effectuated for all purposes by and upon execution of this Lease. Lessee agrees that, if Lessor is unable to deliver possession or use of the Demised Premises to Lessee on until the scheduled commencement date upon which the Landlord’s Improvements and the Tenant Improvements are “Substantially Completed” (as such phrase is defined in Section 2.5 hereof). The date of Substantial Completion shall be the “Commencement Date”. If Tenant occupies any portion of the Term Demised Premises prior to Substantial Completion, the terms of this Lease, this Lease shall apply to such occupancy or use of the Demised Premises by Tenant. Subject to the provisions of Section 3.1B with respect to Rental Abatement, Basic Rent and the payment of other obligations to be paid by Tenant shall commence on the date which is sixty one (61) days after the Commencement Date. The failure of Tenant to take possession of or to occupy the Demised Premises after the Commencement Date shall not be void serve to relieve Tenant of said obligations or voidabledelay payments by Tenant to Landlord. Subject to this Section 2.4, nor Tenant, its consultants (including the Consultant) may have access to the Demised Premises (“Early Access”) for the first sixty-one (61) days following the Commencement Date (the “Early Occupancy Period”) solely for the purpose of installing and testing its machinery, equipment, fixtures and other personal property thereon (the “FF & E”) and not for the purpose of conducting its business therefrom or for any other purpose. However, as a condition precedent to such right of access, Tenant shall Lessor be liable first meet with Landlord in order to Lessee establish reasonable arrangements for the coordination between Landlord’s work pursuant to this Lease and Tenant’s installation and testing work as aforesaid. Tenant shall contact Landlord to arrange such a meeting, and Landlord shall cooperate with Tenant in regard thereto. Following such meeting and the establishment of such coordination of work arrangements, Tenant shall have the aforesaid access, and Landlord and Tenant shall cooperate with one another to permit such access. In connection with any such access and installations by Tenant, Tenant shall not interfere with the completion of construction or occasion any labor dispute as a result of such installations. Tenant hereby agrees to assume all risk of loss or damage to such FF & E, and to indemnify, defend and hold harmless Landlord from any loss or damage resulting to such FF & E, and all liability, loss or damage arising from any injury to the failure property of Landlord, or its contractors, subcontractors or materialmen, and any death or personal injury to deliver possessionany person or persons to the extent proximately caused by such access or installations, but except for liability, loss or damage proximately caused by Landlord’s gross negligence or intentional acts. Further, if Tenant fails to request or delays a request for the required coordination meeting, neither the Commencement Date nor Tenant’s obligations to pay Rent hereunder, shall be delayed. Anything in such eventthis Lease to the contrary notwithstanding other than Section 2.11, Lessee Landlord shall not be liable for any rent until such time as Lessee has actual possession of the Demised Premises. For direct, indirect, special or consequential damages resulting from any partial month during the period between the beginning of the Term and the time when Lessor can deliver possession, the rent for such month will be pro rated, and the portion of the payment of the first month's rent during which Lessor cannot deliver possession of the Premises, as provided for herein, shall be credited to lessee's next month's rent due delay in full settlement of any and all damages by Lessee. In the event that the period between the commencement date and the delivery date is more than one month, the total duration of the Lease Term established in this Lease shall remain unchanged, and to this effect, the expiration date of the Lease Term shall be extended for a period of time equal to the delay. If circumstances should arise and render Lessor unable to deliver possession of the demised Premises within four months of the commencement date of this Lease, all money deposited by Lessee with Lessor including advance rental payments and security deposits, shall be returned to Lessee as liquidated damages, Lessee shall be released from its obligation to pay rent, and this Lease shall be null and void; provided however, the parties may mutually agree to the execution of an addendum to this Lease which thereby establishes a new commencement date and termination date of this Lease. In the event such an addendum is executed by the parties, it shall be made with the same formalities and pursuant to the same terms of this Lease. 10Substantial Completion.

Possession of Demised Premises. Delivery Tenant shall be responsible for Landlord's increased cost of possession oflabor and materials if any, and Lesseeloss of rent as provided in Section 2.2, arising out of delay in the completion of the Demised Premises caused by any Tenant Delay. Tenant shall not have any right to possession or use of the Demised Premises until the date upon which the Demised Premises are Substantially Completed and ready for occupancy by Tenant. If Tenant occupies any portion of the Demised Premises prior to Substantial Completion of the Landlord's right Improvements, the terms of entry tothis Lease shall apply to such occupancy or use of the Demised Premises by Tenant. Basic Rent, Additional Rent, and the payment of other obligations to be paid by Tenant shall commence on the Commencement Date (the "Rent Commencement Date"). Tenant shall be allowed to install its machinery, equipment, fixtures and other personal property on the Demised Premises (which are not part of the Tenant's Improvements) during the final stages of completion of construction and as permitted by Landlord from time to time after Substantial Completion of Landlord's Improvements provided that Tenant does not thereby interfere with the completion of construction or occasion any labor dispute as a result of such installations and provided further that Tenant does hereby agree to assume all risk of loss or damage to such machinery, equipment, fixtures and other personal property, and to indemnify, defend and hold harmless Landlord from any loss or damage to such machinery, equipment, fixtures and personal property, and all liability, loss or damage arising from any injury to the property of Landlord, or its contractors, subcontractors or materialmen, and any death or personal injury to any person or persons to the extent arising out of such installations, except for liability, loss or damage caused by Landlord's negligence or willful misconduct or that of its contractors, employees, and agents. Delay in putting Tenant in possession of the Demised Premises shall be effectuated for all purposes by and upon execution not serve to extend the Initial Term of this LeaseLease or to make Landlord liable for any damages arising therefrom, except as expressly provided in Section 2.2. Lessee Landlord agrees that, if Lessor is unable to use reasonable efforts to coordinate Landlord's work with Tenant's installations so long as Tenant's installations do not interfere with or delay construction of Landlord's Improvements or Tenant's Improvements. Landlord shall be obligated to deliver possession of the Demised Premises to Lessee on Tenant in accordance with the scheduled commencement provisions of the Term of this Lease, Section 2.2 and Section 21.2 if Tenant has executed and delivered this Lease shall not be void in a form acceptable to Landlord on or voidablebefore August 25, nor shall Lessor be liable to Lessee for any loss or damage resulting from the failure to deliver possession2000, but in such eventand there is no Tenant Delay. Each day between August 25, Lessee shall not be liable for any rent until such time as Lessee has actual possession of the Demised Premises. For any partial month during the period between the beginning of the Term and the time when Lessor can deliver possession, the rent for such month will be pro rated2000, and the portion of the payment of the first month's rent during date on which Lessor cannot deliver possession of the Premises, as provided for herein, Tenant executes and delivers this Lease to Landlord shall be credited to lessee's next month's rent due in full settlement a day of any and all damages by Lessee. In the event that the period between the commencement date and the delivery date is more than one month, the total duration of the Lease Term established in this Lease shall remain unchanged, and to this effect, the expiration date of the Lease Term shall be extended for a period of time equal to the delay. If circumstances should arise and render Lessor unable to deliver possession of the demised Premises within four months of the commencement date of this Lease, all money deposited by Lessee with Lessor including advance rental payments and security deposits, shall be returned to Lessee as liquidated damages, Lessee shall be released from its obligation to pay rent, and this Lease shall be null and void; provided however, the parties may mutually agree to the execution of an addendum to this Lease which thereby establishes a new commencement date and termination date of this Lease. In the event such an addendum is executed by the parties, it shall be made with the same formalities and pursuant to the same terms of this Lease. 10Tenant Delay.

Possession of Demised Premises. Delivery Tenant shall, not later than April 22, 1996, advise Landlord of possession ofrequired color selections. Tenant shall be responsible for Landlord's increased cost of labor and materials if any, and Lessee's right loss of entry torent, arising out of delay in the completion of the Demised Premises caused by Tenant's failure to comply in a timely manner with the foregoing schedule. Except as provided for in Section 2.2, if the Landlord's Improvements are not substantially completed on January 1, 1997, subject to extension for Excused Delays, Tenant may, but need not, terminate this Lease upon written notice to Landlord or occupy the portion of same that is ready for occupancy, and in the event of such occupancy Tenant shall pay to Landlord the pro rata portion of the full Basic Rent and the pro rata portion of the full amount of other obligations to be paid by Tenant hereunder equitably based upon the value and area of the Demised Premises occupied by Tenant. If Tenant occupies any portion of the Demised Premises prior to substantial completion of the Landlord's Improvements the terms of this Lease shall apply to such occupancy or use of the Demised Premises by Tenant. Basic Rent or a portion thereof provided above shall commence on the Commencement Date, and the payment of other obligations to be paid by Tenant, including, but not limited to, all Additional Rent, shall commence upon the Possession Date. The failure of Tenant, to take possession of or to occupy the Demised Premises or any portion thereof from and after the Possession Date or the Commencement Date, as the case may be, shall not, unless Tenant has terminated the Lease as provided in this Section 2.3, serve to relieve Tenant of said obligations or delay payments by Tenant to Landlord Tenant shall be effectuated allowed not less than 30 days prior to the Possession Date to install its machinery, equipment, fixtures and other personal property on the Demised Premises during the final stages of completion of construction provided that Tenant does not thereby materially interfere with the completion of construction or occasion any labor dispute as a result of such installations and provided further that Tenant does hereby agree to assume all risk of loss or damage to such machinery, equipment, fixtures and other personal property, and to indemnify, defend and hold harmless Landlord from any loss or damage to such machinery, equipment, fixtures and personal property, and all liability, loss or damage arising from any injury to the property of Landlord, or its contractors, subcontractors or materialmen, and any death or personal injury to any person or persons to the extent arising out of such installations, except for all purposes liability, loss or damage caused by and upon execution of this LeaseLandlord's gross negligence or willful misconduct. Lessee agrees that, if Lessor is unable to deliver Delay in putting Tenant in possession of the Demised Premises shall not serve to Lessee on extend the scheduled commencement of the Term term of this Lease, this Lease shall not be void Agreement or voidable, nor shall Lessor be liable to Lessee for any loss or damage resulting from the failure to deliver possession, but in such event, Lessee shall not be make Landlord liable for any rent until such time as Lessee has actual possession of the Demised Premises. For any partial month during the period between the beginning of the Term and the time when Lessor can deliver possession, the rent for such month will be pro rated, and the portion of the payment of the first month's rent during which Lessor cannot deliver possession of the Premises, as provided for herein, shall be credited to lessee's next month's rent due in full settlement of any and all damages by Lesseearising therefrom. In the event that the period between Possession Date does not occur on or before Aug 21, 1996, subject to extension for Excused Delays, then in such event Landlord, as liquidated damages for such delay, shall provide to Tenant a credit against the commencement date and the delivery date is more than one month, the total duration of the Lease Term established in Basic Rent due under this Lease shall remain unchanged, and to this effect, commencing on the expiration date of the Lease Term shall be extended for a period of time Commencement Date equal to the delayamount of $3,000 for each day after August 21, 1996, subject to extension for Excused Delays, that the Possession Date is not achieved by Landlord, subject to a maximum, aggregate credit of $396,000. If circumstances should arise The foregoing liquidated damages shall be Tenant's sole and render Lessor unable exclusive damages in the event of a delay in the Possession Date or the Commencement Date, and Tenant shall not be entitled to deliver possession any other damages or remedies whatsoever (except for Tenant's right of termination as contained in this Section 2.3), and the parties agree that said liquidated damages are not a penalty and have been agreed upon because of the demised Premises within four months difficulty and uncertainty of calculating Tenant's damages as of the commencement date of this Lease, all money deposited by Lessee with Lessor including advance rental payments and security deposits, shall be returned to Lessee as liquidated damages, Lessee shall be released from its obligation to pay rent, and this Lease shall be null and void; provided however, the parties may mutually agree to the execution of an addendum to this Lease which thereby establishes a new commencement date and termination date of this Lease. In the event such an addendum is executed by the parties, it shall be made with the same formalities and pursuant to the same terms of this Lease. 10hereof.