Common use of Commencement Date Clause in Contracts

Commencement Date. The "Commencement Date" for each Building shall be ----------------- the earlier of the date that Tenant takes possession of the Premises or ten (10) days after Landlord notifies Tenant that the Building is, or will be by a date certain, ready for Tenant to take possession. The Commencement Date shall constitute the commencement of the Lease Term for all purposes, whether or not Tenant has actually taken possession as evidenced by a Certificate of Occupancy. By mutual agreement of the parties, the Commencement Date may be changed. Within thirty (30) days after the Commencement Date for each Building, Landlord will provide to Tenant a letter acknowledging the Commencement, Rental Commencement (if different) Expiration Dates, and the square footage of the Building which letter will then be attached hereto as Exhibit D. Notwithstanding anything herein to the contrary, the Lease Term shall extend through and end on the last day of the last month of the Term. If Tenant is permitted access to the Premises prior to the Commencement Date, such early entry will be subject to all the terms and provisions of this Lease as though the Commencement Date had occurred, unless otherwise agreed to in writing by Landlord. The Rental Commencement for each Building shall be the fifteenth (15 th) day after the Commencement Date except as provided in the Addendum.

Commencement Date. The "Commencement Date" for each Building Date shall be ----------------- the earlier date provided in Item 5 of the date that Tenant takes Basic Lease Provisions. If this Lease is executed before the Premises become vacant or otherwise available or if any present tenant or occupant of the Premises holds over, and Landlord cannot acquire possession of the Premises in time to deliver them by the Commencement Date, this Lease shall not be void or ten voidable, and Landlord shall not be deemed to be in default hereunder, nor shall Landlord be liable for any loss or damage directly or indirectly arising out of or resulting from such holdover, provided that in the event that the actual date of commencement is more than sixty (1060) days after Landlord notifies Tenant that the Building is, or will be by a date certain, ready for Tenant to take possession. The Commencement Date shall constitute the commencement provided in Item 5 of the Basic Lease Term Provisions (subject to force majeure delays and any delays caused by Tenant, its agents, employees or contractors), Tenant shall be entitled, as its sole and exclusive remedy, to a rent credit equal to one day's Base Rent for all purposes, whether or not Tenant has actually taken possession as evidenced by a Certificate of Occupancy. By mutual agreement of the parties, each day that the Commencement Date may is delayed beyond such sixty (60) day period. In the event that the actual date of commencement is more than one (1) year after the date that this Lease is fully executed (subject to force majeure delays and any delays caused by Tenant, its agents, employees or contractors), Tenant shall be changed. Within entitled, as its sole and exclusive remedy, to terminate this Lease upon written notice to Landlord given within thirty (30) days after the Commencement Date for each Building, expiration of such one (1) year period (but in any event prior to the date that Landlord will provide to Tenant a letter acknowledging the Commencement, Rental Commencement (if different) Expiration Dates, and the square footage delivers possession of the Building which letter will then be attached hereto Premises with Landlord's Work substantially complete). Except as Exhibit D. Notwithstanding anything herein set forth herein, Tenant agrees to the contrary, the Lease Term shall extend through and end on the last day accept possession of the last month of Premises at such time as Landlord is able to tender the Termsame, which date shall thenceforth be deemed the Commencement Date. If Tenant is permitted access to the Premises prior to After the Commencement Date, such early entry will be subject Tenant shall, upon demand, execute and deliver to all Landlord a letter of acceptance of delivery of the terms and provisions of this Lease as though Premises specifying the Commencement Date had occurred, unless otherwise agreed to in writing by LandlordDate. The Rental 1.4. Condition of the Premises; Commencement for each Building shall be the fifteenth (15 th) day after the Commencement Date except as provided in the AddendumDate. 1.5.

Commencement Date. The "Commencement Date" for each Building of this Lease shall be ----------------- the earlier later of the date that Tenant takes possession Substantial Completion of the Premises or ten (10) days after the Scheduled Commencement Date. Promptly following the Commencement Date, Landlord notifies and Tenant shall execute an agreement acknowledging that Tenant has accepted possession, and reciting the Building is, or will be by a date certain, ready for Tenant to take possession. The exact Commencement Date shall constitute the commencement and termination date of the Lease Term for all purposesLease. Should the actual Commencement Date be later than the Scheduled Commencement Date, whether or not Tenant has actually taken possession the Termination Date shall be extended by the same period as evidenced by a Certificate of Occupancy. By mutual agreement of the parties, the Commencement Date is extended past the Scheduled Commencement Date. The failure by either party, or both parties, to execute such an agreement shall not affect the rights or obligations of either party hereunder. Such agreement, when so executed and delivered, shall be deemed to be a part of this Lease. "Substantial Completion" shall mean that date after which Landlord has completed Landlord's Work at the Premises and a temporary Certificate of Occupancy allowing Tenant to occupy the Premises has been issued by the appropriate governmental authority. Substantial Completion shall be deemed to have occurred notwithstanding a requirement to complete "punch list" or similar corrective work and notwithstanding that tenant special improvements, if any, may not be changedcompleted or operable. Within If the premises are not delivered to the Tenant in Substantial Completion by September 1, 1999, for any reason other than Tenant delays, Tenant shall have the right to extend the Commencement Date, at the option of Tenant, for up to six (6), thirty (30) days after day periods until the Commencement Date for each Building, Landlord will provide temporary Certificate of Occupancy is obtained allowing the Tenant to Tenant a letter acknowledging the Commencement, Rental Commencement (if different) Expiration Dates, and the square footage of the Building which letter will then be attached hereto as Exhibit D. Notwithstanding anything herein to the contrary, the Lease Term shall extend through and end on the last day of the last month of the Term. If Tenant is permitted access to occupy the Premises prior to and open for business. After that period of time, if the Commencement Datetemporary Certificate of Occupancy is still not obtained by the Landlord, such early entry will be subject to all then the terms and provisions of Tenant may terminate this Lease as though the Commencement Date had occurred, unless otherwise agreed to in writing by Landlord. The Rental Commencement for each Building shall be the fifteenth (15 th) day after the Commencement Date except as provided in the AddendumLease.

Commencement Date. The "Commencement Date" for each Building 2.4.1 Landlord shall be ----------------- the earlier notify Tenant in writing of Substantial Completion. If Tenant believes that Substantial Completion has not occurred, Tenant shall notify Landlord in writing of its objections within five (5) Business Days after its receipt of the date Landlord's notice described in the preceding sentence. Landlord shall have a reasonable time after its receipt of Tenant's notice in which to take such action as may be necessary to achieve Substantial Completion, and shall notify Tenant in writing when such has been achieved. Taking of possession by Tenant for the purpose of doing business shall establish the Commencement Date as specified in the definition of that term even if Tenant takes disputes whether Substantial Completion has occurred or attempts to condition or qualify the taking of possession. Taking of possession for the purpose of doing business shall further establish that the Premises are in good and satisfactory condition on the Commencement Date and any alleged defects or deficiencies are waived by the Tenant except for any latent defects not reasonably discoverable by Tenant and incomplete Punch List Work. Tenant acknowledges that no representations as to the condition of the Premises or ten (10) days after Landlord notifies Tenant that have been made by Landlord, unless such are expressly set forth in this Lease. In the Building is, or will be by a date certain, ready for Tenant event of any dispute as to take possession. The Commencement Date shall constitute the commencement of the Lease Term for all purposes, whether or not Tenant Substantial Completion has actually taken possession as evidenced by a Certificate of Occupancy. By mutual agreement of the partiesoccurred, the receipt of a temporary certificate of occupancy shall be conclusive unless a temporary certificate of occupancy is unavailable or delayed due to causes that are Tenant's responsibility shall be conclusive. If the parties anticipate that Punch List Work will remain to be completed on the Commencement Date may be changed. Within Date, Landlord and Tenant shall agree on such Punch List Work prior to occupancy by Tenant and Landlord will promptly complete it after the Commencement Date; provided that at Tenant's request Landlord and Tenant will prepare a supplemental list of Punch List Work within thirty (30) days after the Commencement Date for each Building, Landlord will provide to Tenant a letter acknowledging address Punch List Work that the Commencement, Rental Commencement (if different) Expiration Dates, and the square footage of the Building which letter will then be attached hereto as Exhibit D. Notwithstanding anything herein to the contrary, the Lease Term shall extend through and end on the last day of the last month of the Term. If Tenant is permitted access to the Premises parties inadvertently overlooked prior to the Commencement Date, . Damage caused by Tenant's Agents will not be deemed Punch List Work. Landlord will promptly complete such early entry will be subject supplemental Punch List Work after Landlord and Tenant agree upon the list. In no event shall Tenant's refusal or failure to all agree on the terms nature and provisions extent of this Lease as though Punch List Work or the existence of items of Punch List Work delay or postpone the occurrence of the Commencement Date had occurred, unless otherwise agreed Date. Tenant shall make no changes to in writing by Landlord. The Rental Commencement for each Building shall be the fifteenth (15 th) day after Plans and Specifications or the Commencement Date except as provided work reflected in the AddendumPlans and Specifications without the consent of Landlord.

Commencement Date. The "2.4.1 Landlord shall complete the Tenant Improvements in accordance with the Plans and Specifications. Landlord's completion of the Tenant Improvements shall be performed by Landlord's contractor selected by Landlord as provided in Paragraph 2.3.2 hereof, and the Tenant Improvement Allowance shall be applied against the cost thereof as provided in paragraph 2.5 hereof. Landlord shall notify Tenant in writing of Substantial Completion. If Tenant believes that Substantial Completion has not occurred, Tenant shall notify Landlord in writing of its objections within five (5) Business Days after its receipt of the Landlord's notice described in the preceding sentence. Landlord shall have a reasonable time after its receipt of Tenant's notice in which to take such action as may be necessary to achieve Substantial Completion, and shall notify Tenant in writing when such has been achieved. Taking of possession by Tenant shall establish the Commencement Date as specified in the definition of that term even if Tenant disputes whether Substantial Completion has occurred or attempts to condition or qualify the taking of possession. Taking of possession shall further establish that the Premises are in good and satisfactory condition on the Commencement Date and any alleged defects or deficiencies are waived by the Tenant except for any incomplete Punch List Work and latent defects. Tenant shall notify Landlord of any latent defects in the Tenant Improvements within six (6) months after the Commencement Date or Tenant shall be deemed to have waived any rights on account thereof. Landlord shall correct any latent defects in the Tenant Improvements of which Tenant notifies Landlord in writing within six (6) months after the Commencement Date" for each Building . With the exception of the Tenant Improvements to be made by Landlord, Tenant acknowledges that the Premises shall be ----------------- delivered AS IS and that no representations as to the earlier of the date that Tenant takes possession condition of the Premises have been made by Landlord. In the event of any dispute as to whether Substantial Completion has occurred, a certificate of Landlord's architect or ten (10) days after Landlord notifies Tenant that the Building is, or will general contractor shall be by a date certain, ready for Tenant to take possessiondeemed conclusive. The Commencement Date shall constitute the commencement of the Lease Term for all purposes, whether or not Tenant has actually taken possession as evidenced by a Certificate of Occupancy. By mutual agreement of the parties, If on the Commencement Date may Date, Punch List Work remains to be changed. Within completed, Landlord and Tenant shall agree on such Punch List Work prior to occupancy by Tenant and Landlord will work diligently to complete it within thirty (30) days after the Commencement Date for each Building, Landlord will provide Date. In no event shall Tenant's refusal or failure to Tenant a letter acknowledging the Commencement, Rental Commencement (if different) Expiration Dates, and the square footage of the Building which letter will then be attached hereto as Exhibit D. Notwithstanding anything herein to the contrary, the Lease Term shall extend through and end agree on the last day nature and extent of Punch List Work or the last month existence of items of Punch List Work delay or postpone the Term. If Tenant is permitted access to the Premises prior to occurrence of the Commencement Date, such early entry will be subject . Tenant shall make no changes to all the terms Plans and provisions of this Lease as though Specifications or the Commencement Date had occurred, unless otherwise agreed to in writing by Landlord. The Rental Commencement for each Building shall be the fifteenth (15 th) day after the Commencement Date except as provided work reflected in the AddendumPlans and Specifications without the consent of Landlord, which consent shall not be unreasonably withheld.

Commencement Date. The "Commencement Date" Landlord shall prepare the Premises for each Building shall be ----------------- Tenant's occupancy in accordance with the earlier of the date that Tenant takes possession Plans and Specifications. Landlord's preparation of the Premises or ("Landlord's Work") shall be performed by Landlord's contractors and the Tenant Improvement Allowance shall be applied against the cost thereof as provided in paragraph 2.5 hereof. Landlord shall notify Tenant in writing of Substantial Completion. If Tenant believes that Substantial Completion has not occurred, Tenant shall notify Landlord in writing of its objections within ten (10) days Business Days after its receipt of the Landlord's notice described in the preceding sentence. Landlord notifies Tenant that the Building is, or will be by shall have a date certain, ready for Tenant reasonable time after its receipt of Tenant's notice in which to take possessionsuch action as may be necessary to achieve Substantial Completion, and shall notify Tenant in writing when such has been completed. The Commencement Date shall constitute the commencement As of the Lease Term for all purposesdate of this Lease, whether or not Tenant has actually taken is in possession as evidenced of Premises C. Taking of possession by a Certificate of Occupancy. By mutual agreement Tenant of the partieswhole or any part of Premises A and/or Premises B prior to March 1, 2000 or Substantial Completion in respect of Premises A and B shall establish the Commencement Date may be changedas specified in the definition of that term for both Premises A and B and the establishment of such fact upon the taking of possession shall occur even if Tenant disputes whether Substantial Completion has occurred or attempts to condition or qualify the taking of possession. Within thirty (30) days after Such taking of possession shall further establish that the Premises are in good and satisfactory condition when possession was so taken and the Commencement Date for each Buildinghas occurred. Tenant acknowledges that no representations as to the condition of the Premises have been made by Landlord, unless such are expressly set forth in this Lease. In the event of any dispute as to whether Substantial Completion has occurred, the certificate of Landlord's architect or general contractor shall be conclusive. If on the date of Substantial Completion, Punch List Work remains to be completed, Landlord and Tenant shall agree on such Punch List Work prior to occupancy by Tenant and Landlord will provide promptly complete it after the date of Substantial Completion. In no event shall Tenant's refusal or failure to Tenant a letter acknowledging agree on the Commencement, Rental Commencement (if different) Expiration Dates, nature and extent of Punch List Work or the square footage existence of items of Punch List Work delay or postpone the occurrence of the Building which letter will then be attached hereto as Exhibit D. Notwithstanding anything herein to the contrary, the Lease Term shall extend through and end on the last day date of the last month of the Term. If Tenant is permitted access to the Premises prior to Substantial Completion or the Commencement Date, such early entry will be subject . Tenant shall make no changes to all the terms Plans and provisions Specifications or the work reflected in the Plans and Specifications without the written consent of this Lease as though the Commencement Date had occurred, unless otherwise agreed to in writing by Landlord. The Rental Commencement for each Building Notwithstanding anything to the contrary herein contained, Landlord shall perform Landlord's Work in respect of Premises C while Tenant is in occupancy of Premises C and may perform Landlord's Work in respect of Premises A and/or B subsequent to March 1, 2000 and possibly while Tenant is in occupancy of Premises A and/or B, or parts thereof. There shall be no allowance to Tenant for diminution of rental value and no liability on the fifteenth (15 th) day after part of Landlord by reason of inconvenience, annoyance or injury to Tenant arising from the Commencement Date except as provided in the Addendumperformance of Landlord's Work.

Commencement Date. The "Commencement Date" for each Building Date shall be ----------------- the earlier date provided in Item 5 of the date that Tenant takes Basic Lease Provisions. If this Lease is executed before the Premises become vacant or otherwise available or if any present tenant or occupant of the Premises holds over, and Landlord cannot acquire possession of the Premises in time to deliver them by the Commencement Date, this Lease shall not be void or ten voidable, and Landlord shall not be deemed to be in default hereunder, nor shall Landlord be liable for any loss or damage directly or indirectly arising out of or resulting from such holdover, provided that in the event that the actual date of commencement is more than sixty (1060) days after Landlord notifies Tenant that the Building is, or will be by a date certain, ready for Tenant to take possession. The Commencement Date shall constitute the commencement provided in Item 5 of the Basic Lease Term Provisions (subject to force majeure delays and any delays caused by Tenant, its agents, employees or contractors), Tenant shall be entitled, as its sole and exclusive remedy, to a rent credit equal to one day's Base Rent for all purposes, whether or not Tenant has actually taken possession as evidenced by a Certificate of Occupancy. By mutual agreement of the parties, each day that the Commencement Date may is delayed beyond such sixty (60) day period. In the event that the actual date of commencement is more than one (1) year after the date that this Lease is fully executed (subject to force majeure delays and any delays caused by Tenant, its agents, employees or contractors), Tenant shall be changed. Within entitled, as its sole and exclusive remedy, to terminate this Lease upon written notice to Landlord given within thirty (30) days after the Commencement Date for each Building, expiration of such one (1) year period (but in any event prior to the date that Landlord will provide to Tenant a letter acknowledging the Commencement, Rental Commencement (if different) Expiration Dates, and the square footage delivers possession of the Building which letter will then be attached hereto Premises with Landlord's Work substantially complete). Except as Exhibit D. Notwithstanding anything herein set forth herein, Tenant agrees to the contrary, the Lease Term shall extend through and end on the last day accept possession of the last month of Premises at such time as Landlord is able to tender the Termsame, which date shall thenceforth be deemed the Commencement Date. If Tenant is permitted access to the Premises prior to After the Commencement Date, such early entry will be subject Tenant shall, upon demand, execute and deliver to all Landlord a letter of acceptance of delivery of the terms and provisions of this Lease as though Premises specifying the Commencement Date had occurred, unless otherwise agreed to in writing by LandlordDate. The Rental Commencement for each Building shall be the fifteenth (15 th) day after the Commencement Date except as provided in the Addendum1.4.

Commencement Date. The "Commencement Date" Landlord shall prepare the Premises for each Building shall be ----------------- Tenants occupancy in accordance with the earlier of the date that Tenant takes possession Plans and Specifications. Landlord's preparation of the Premises or ("Landlord's Work") shall be performed by Landlord's contractors and the Tenant Improvement Allowance shall be applied against the cost thereof as provided in paragraph 2.5 hereof. Landlord shall notify Tenant in writing of Substantial Completion. If Tenant believes that Substantial Completion has not occurred, Tenant shall notify Landlord in writing of its objections within ten (10) days Business Days after its receipt of the Landlord's notice described in the preceding sentence. Landlord notifies shall have a reasonable time after its receipt of Tenant's notice in which to take such action as may be necessary to achieve Substantial Completion, and shall notify Tenant in writing when such has been completed. Taking of possession by tenant of the whole or any part of the Premises shall establish the Commencement Date as specified in the definition of that term and the establishment of such fact upon the taking of possession shall occur even if Tenant disputes whether Substantial Completion has occurred or attempts to condition or qualify the taking of possession. Such taking of possession shall further establish that the Building isPremises are in good and satisfactory condition when possession was so taken and the Commencement Date has occurred. Tenant acknowledges that no representations as to the condition of the Premises have been made by Landlord, unless such are expressly set forth in this Lease. In the event of any dispute as to whether Substantial Completion has occurred, the certificate of Landlord's architect or general contractor shall be conclusive. If on the Commencement Date, Punch List Work remains to be completed, Landlord and Tenant shall agree on such Punch List Work prior to occupancy by Tenant and Landlord will be by a date certainpromptly complete it after the Commencement Date. In no event shall Tenant's refusal or failure to agree on the nature and extent of Punch List Work or the existence of items of Punch List Work delay or postpone the occurrence of the Commencement Date. Tenant shall make no changes to the Plans and Specifications or the work reflected in the Plans and Specifications without the written consent of Landlord. Notwithstanding anything to the contrary herein contained, ready for Tenant to take possession. The if the Commencement Date shall constitute not have occurred by the commencement date ("Last Construction Completion Date") which is seven (7) months after the date of this Lease for any reason other than delays caused by Tenant or delays attributable to force majeure (see paragraph 6.8), then Tenant shall have the Lease Term for all purposesright to terminate this Lease, whether or not Tenant has actually taken possession as evidenced exercisable by giving Landlord a Certificate of Occupancy. By mutual agreement of the parties, the Commencement Date may be changed. Within written thirty (30) day termination notice on or after the Last Construction Completion Date and on or before the date which is fourteen (14) calendar days after the Last Construction Completion Date, time being of the essence in respect of Tenant's giving said notice. If the Commencement Date for each Buildingshall occur on or before the thirtieth (30th) day following Landlord's receipt of such notice, Tenant's termination notice shall be deemed null and void and of no further force or effect. Notwithstanding anything to the contrary in the foregoing contained, there shall be no postponement of the Commencement Date if delay in Substantial Completion shall be due to any change required by Tenant in the Plans and Specifications. In addition to the Tenant Improvements to be constructed as shown in Tenant's Plans and Specifications, subject to Landlord's approval of the Conduit Plan, as defined below, Landlord will provide shall install a conduit ("Tenant's Conduit") to run telecommunications cabling between the Premises and other premises currently demised to Tenant a letter acknowledging in another building ("Building 500") in the CommencementOffice Park. Tenant shall prepare plans and specifications (the "Conduit Plan") showing dimensions, Rental Commencement (if different) Expiration Datesmaterials, location and the square footage connection points of the Building which letter will then be attached hereto as Exhibit D. Notwithstanding anything herein Tenant's Conduit for submission to the contrary, Landlord for its approval or disapproval. Tenant's Conduit Plan shall specify materials having sufficient capacity to meet Tenant's anticipated telecommunications needs during the Lease Term shall extend through and end on the last day of the last month of the Term. If All costs for labor and materials associated with the installation of Tenant's Conduit, plus the Construction Management Fee in respect of such cost shall be borne solely by Tenant is permitted access and shall be paid directly to the Premises Landlord in full prior to the Commencement Datecommencement of any work associated with Tenant's Conduit. No portion of the Tenant Improvement Allowance or the Construction Principal (as defined below in paragraph 2.5) shall be allocated to such cost. Landlord shall perform the installation of Tenant's Conduit during the performance of Landlord's Work to prepare the Premises for Tenant's occupancy. At the expiration or sooner termination of the Lease Term, Tenant's Conduit shall become the property of Landlord. Notwithstanding anything to the contrary contained in the foregoing, Landlord may elect, (without being obligated to do so), (i) to install a conduit of larger size or greater capacity in place of Tenant's Conduit, in which case, if there shall be an incremental increase in the cost to procure materials for and/or install such early entry will substitute conduit (for purposes hereof, also to be subject deemed Tenant's Conduit), Landlord shall pay such incremental cost, and/or (ii) to install, at Landlord's own cost and expense, a separate conduit running alongside Tenant's Conduit for all or a portion of the terms length of Tenant's Conduit. Regardless of whether Landlord shall make either or both of the preceding elections, Landlord shall have the right to utilize Tenant's Conduit to provide telecommunications or other services to other tenants in the Office Park, provided that such utilization by Landlord shall not diminish or interfere with Tenant's use of Tenant's Conduit. If and provisions for so long as Tenant's Conduit shall be used solely and exclusively by Tenant, all maintenance and repair of Tenant's Conduit shall be performed by and at the expense of Tenant. In performing such maintenance and repair, Tenant shall not interfere with Landlord's operation, administration, and maintenance of any portion of Landlord's real or personal property or other facilities in the Office Park, nor with the use and enjoyment by any other tenant of other premises in the Office Park. If Landlord shall also use Tenant's Conduit as aforesaid, Landlord shall perform all maintenance and repair thereof and the costs of such maintenance and repair shall be included in Operating Costs for purposes of this Lease as though Lease. Tenant shall, at its own cost and expense, repair any and all damage to the Commencement Date had occurredBuilding, Building 500, the Land, paved areas, drives, walks, and landscaping or to Landlord's other facilities and equipment, and shall otherwise defend, indemnify and hold Landlord harmless for any loss, cost, liability, damage or expense (including, without limitation, reasonable attorneys' fees) directly or indirectly arising out of the installation, use, maintenance or repair of Tenant's Conduit, unless otherwise agreed to in writing caused by Landlord. The Rental Commencement for each Building shall be the fifteenth (15 th) day after the Commencement Date except as provided in the Addendum's negligence.

Commencement Date. The Initial Term shall commence on the ----------------- earlier of the following two dates to occur ("Commencement Date" "): (i) November 1, 1994; or (ii) one (1) month after the date of substantial completion of the Tenant Improvements and issuance of a certificate of occupancy as to the Premises (during which one month period Tenant may occupy the Premises for each Building the conducting of its business upon otherwise complying with the insurance requirements of this Lease without incurring any obligation to pay Basic Rent or additional rent other than any utilities consumed by Tenant during such period). For purposes of this Lease, the Tenant Improvements (or any other construction work hereunder) shall be ----------------- the earlier deemed to have been substantially completed as of the date on which Tenant's architect or engineer issues a certificate to Landlord and Tenant stating that the Tenant takes possession Improvements (or such other construction work) have been completed in accordance with the Final Tenant Plans (or such other applicable plans) or, if applicable, the date the Tenant Improvements (or such other construction work) would have been substantially complete but for Tenant Delay. The outside calendar date provided for the Commencement Date of the Premises Initial Term (or ten (10) days after Landlord notifies Tenant that the Building is, or will be by a date certain, ready for Tenant to take possession. The Commencement Date shall constitute the commencement of rental obligations with respect to any additional space pursuant to paragraphs 1(c) or 1(d) hereof), shall be extended for any delays in the Lease Term for all purposes, whether or not Tenant has actually taken possession as evidenced by a Certificate of Occupancy. By mutual agreement construction of the partiesapplicable tenant's alterations and improvements caused by any Landlord Delay (as defined in paragraph 46(c)). Upon determination of the actual Commencement Date, the Commencement Date may be changed. Within thirty (30) days after parties shall sign a commencement date memorandum in the Commencement Date for each Building, Landlord will provide to Tenant a letter acknowledging the Commencement, Rental Commencement (if different) Expiration Dates, and the square footage of the Building which letter will then be form attached hereto as Exhibit D. Notwithstanding anything herein B, which shall become a part of --------- this Lease. However, Tenant's failure to execute the commencement date memorandum shall not affect the actual Commencement Date or expiration date of this Lease. If the Commencement Date occurs on the first day of a calendar month, then the Initial Term shall be five (5) years. If the Commencement Date occurs on any day other than the first day of a calendar month, then the Initial Term shall be the period from the Commencement Date to the contrary, the Lease Term shall extend through and end on the last first day of the last first full calendar month of thereafter, plus the Term. If Tenant is permitted access to the Premises prior to the Commencement Date, such early entry will be subject to all the terms and provisions of this Lease as though the Commencement Date had occurred, unless otherwise agreed to in writing by Landlord. The Rental Commencement for each Building shall be the fifteenth following sixty (15 th60) day after the Commencement Date except as provided in the Addendumfull calendar months.

Commencement Date. The "Commencement Date" Landlord shall prepare the Premises for each Building shall be ----------------- Tenant's occupancy in accordance with the earlier of the date that Tenant takes possession Plans and Specifications. Landlord's preparation of the Premises or ("Landlord's Work") shall be performed by Landlord's contractors and the Tenant Improvement Allowance shall be applied against the cost thereof as provided in paragraph 2.5 hereof. Landlord shall notify Tenant in writing of Substantial Completion. If Tenant believes that Substantial Completion has not occurred, Tenant shall notify Landlord in writing of its objections within ten (10) days Business Days after its receipt of the Landlord's notice described in the preceding sentence. Landlord notifies shall have a reasonable time after its receipt of Tenant's notice in which to take such action as may be necessary to achieve Substantial Completion, and shall notify Tenant in writing when such has been completed. Taking of possession by Tenant of the whole or any part of the Premises shall establish the Commencement Date as specified in the definition of that term and the establishment of such fact upon the taking of possession shall occur even if Tenant disputes whether Substantial Completion has occurred or attempts to condition or qualify the taking of possession. Such taking of possession shall further establish that the Building isPremises are in good and satisfactory condition when possession was so taken and the Commencement Date has occurred. Tenant acknowledges that no representations as to the condition of the Premises have been made by Landlord, unless such are expressly set forth in this Lease. In the event of any dispute as to whether Substantial Completion has occurred, the certificate of Landlord's architect or general contractor shall be conclusive. If on the Commencement Date, Punch List Work remains to be completed, Landlord and Tenant shall agree on such Punch List Work prior to occupancy by Tenant and Landlord will be by a date certainpromptly complete it after the Commencement Date. In no event shall Tenant's refusal or failure to agree on the nature and extent of Punch List Work or the existence of items of Punch List Work delay or postpone the occurrence of the Commencement Date. Tenant shall make no changes to the Plans and Specifications or the work reflected in the Plans and Specifications without the written consent of Landlord. Notwithstanding anything to the contrary herein contained, ready for Tenant to take possession. The if the Commencement Date shall constitute not have occurred by the commencement date ("Last Construction Completion Date") which IS [SEVEN (7)] months after the date of this Lease for any reason other than delays caused by Tenant or delays attributable to force majeure (see paragraph 6.8), then Tenant shall have the Lease Term for all purposesright to terminate this Lease, whether or not Tenant has actually taken possession as evidenced exercisable by giving Landlord a Certificate of Occupancy. By mutual agreement of the parties, the Commencement Date may be changed. Within written thirty (30) day termination notice on or after the Last Construction Completion Date and on or before the date which is fourteen (14) calendar days after the Commencement Date for each BuildingLast Construction Completion Date, Landlord will provide to Tenant a letter acknowledging the Commencement, Rental Commencement (if different) Expiration Dates, and the square footage time being of the Building which letter will then be attached hereto as Exhibit D. Notwithstanding anything herein to the contrary, the Lease Term shall extend through and end on the last day essence in respect of the last month of the TermTenant's giving said notice. If Tenant is permitted access to the Premises prior to the Commencement Date, such early entry will be subject to all the terms and provisions of this Lease as though the Commencement Date had occurredshall occur on or before the thirtieth (30th) day following Landlord's receipt of such notice, unless otherwise agreed to in writing by Landlord. The Rental Commencement for each Building Tenant's termination notice shall be deemed null and void and of no further force or effect. Notwithstanding anything to the fifteenth (15 th) day after contrary in the foregoing contained, there shall be no postponement of the Commencement Date except as provided if delay in Substantial Completion shall be due to any change required by Tenant in the AddendumPlans and Specifications.

Commencement Date. The "Upon the Effective Date, the terms and provisions hereof shall be fully binding on Landlord and Tenant prior to the occurrence of the Commencement Date" for each Building . The Term of this Lease shall be ----------------- commence on the earlier of Commencement Date. Unless sooner terminated or extended as hereinafter provided, the date that Tenant takes Term shall end on the Expiration Date. If Landlord does not tender possession of the Premises to Tenant on or ten (10) days after before the Delivery Date or any other particular date, for any reason whatsoever, Landlord notifies Tenant that shall not be liable for any damage thereby, this Lease shall not be void or voidable thereby, and the Building is, or will be by a date certain, ready for Tenant to take possessionTerm shall not commence until the Commencement Date. The Commencement Date shall constitute Notwithstanding the commencement of the Lease Term for all purposes, whether or not Tenant has actually taken possession as evidenced by a Certificate of Occupancy. By mutual agreement of the partiesforegoing, the Commencement Date may shall be changedextended by one day for each day delivery of the Premises is delayed past the Delivery Date. Within thirty (30) days after In addition, if the Delivery Date does not occur on or before November 1, 2006 then Tenant shall have the right to terminate this Lease effective upon delivery or written notice thereof to Landlord on or before December 1, 2006, provided further, however, that Tenant shall not be entitled to so terminate this Lease if the Delivery Date occurs subsequent to November 1, 2006 but prior to delivery of such notice by Tenant. Landlord shall be deemed to have tendered possession of the Premises to Tenant upon the giving of notice by Landlord to Tenant stating that the Premises are vacant, in the condition required by this Lease and available for Tenant’s occupancy. Except as otherwise provided herein, no failure to tender possession of the Premises to Tenant on or before the Delivery Date shall affect any other obligations of Tenant hereunder. There shall be no postponement of the Commencement Date for each Building, Landlord will provide any delay in the tender of possession to Tenant a letter acknowledging the Commencement, Rental Commencement (if different) Expiration Dates, and the square footage of the Building which letter will then be attached hereto as Exhibit D. Notwithstanding anything herein to the contrary, the Lease Term shall extend through and end on the last day of the last month of the Term. If results from any Tenant is permitted access to the Premises prior to the Commencement Date, such early entry will be subject to all the terms and provisions of this Lease as though the Commencement Date had occurred, unless otherwise agreed to in writing by Landlord. The Rental Commencement for each Building shall be the fifteenth (15 th) day after the Commencement Date except as provided in the AddendumDelay.

Commencement Date. (a) The "Commencement Date shall be January 1, 2009 (or such other date when the Premises are substantially complete in regard to Article 27 of this Lease). Tenant acknowledged that it has inspected and accepts the Premises, and specifically the buildings and improvements comprising the same, in their present condition as suitable for the purpose for which the Premises are leased. Taking of possession by Tenant shall be deemed conclusively to establish that said buildings and other improvements are in good and satisfactory condition as of when possession was taken and that Tenant has determined that the Premises are suitable for Tenant’s intended purposes. Landlord has made no warranties with respect to suitability and Tenant hereby expressly waives any implied warranty of same. Tenant further acknowledges that no representations as to the repair of the Premises, nor promises to alter, remodel or improve the Premises have been made by Landlord, unless such are expressly set forth in writing in this Lease. Landlord hereby waives payment of rent covering any period prior to the tendering of possession to Tenant hereunder except as may be otherwise specifically set forth herein . After the Commencement Date" for each Building shall be ----------------- the earlier , Tenant shall, upon demand, execute and deliver to Landlord a letter of acceptance of delivery of the date that Premises. Tenant takes possession of agrees to inspect the Premises immediately upon occupancy and to notify Landlord in writing with ten (10) calendar days of occupancy of any “Punchlist” items, which Landlord if it is otherwise required to complete or correct such items, agrees to complete or correct, as applicable, within a reasonable amount of time. The failure to provide a list within said ten (10) days after Landlord notifies Tenant or to include any item on such list shall be conclusively presumed to mean that the Building is, or will be by a date certain, ready for Tenant to take possession. The Commencement Date shall constitute the commencement condition of the Lease Term for all purposes, whether or not Tenant has actually taken possession as evidenced by a Certificate of Occupancy. By mutual agreement of the parties, the Commencement Date may be changed. Within thirty (30) days after the Commencement Date for each Building, Landlord will provide Premises is acceptable to Tenant a letter acknowledging the Commencement, Rental Commencement (if different) Expiration Dates, and the square footage of the Building in good working order. Landlord agrees to repair any latent defects which letter will then be attached hereto as Exhibit D. Notwithstanding anything herein are reported to the contrary, the Lease Term shall extend through and end on the last day of the last month of the Term. If Tenant is permitted access to the Premises prior to the Commencement Date, such early entry will be subject to all the terms and provisions of this Lease as though the Commencement Date had occurred, unless otherwise agreed to Landlord in writing by Landlord. The Rental Commencement for each Building shall be the fifteenth Tenant within ten (15 th10) day after the Commencement Date except as provided in the Addendumcalendar days of Tenant’s discovery and notification to Landlord of same.

Commencement Date. The Improvements are to be erected upon the Leased Premises pursuant to a separate Leasehold Improvements Agreement between Lessor and Lessee, as described in Section 6.1, and the "Commencement Date" for each Building shall be ----------------- the earlier of the date that Tenant takes possession of Lessee begins operating its business in the Leased Premises or ten the scheduled "Commencement Date" as stated herein; and if no improvements are to be erected upon the Leased Premises pursuant to a Leasehold Improvements Agreement, the Commencement Date shall be January 1, 1996 (10) days after Landlord notifies Tenant that the Building is, or will be by a date certain, ready for Tenant to take possession"Commencement Date"). The Commencement Date shall constitute the commencement of the term of this Lease Term for all purposes, whether or not Tenant Lessee has actually taken possession as evidenced possession. If this Lease is executed before the Leased Premises become vacant or otherwise available and ready for occupancy by a Certificate of Occupancy. By mutual agreement Lessxx, xx if any present occupant of the parties, the Commencement Date may be changed. Within thirty (30) days after the Commencement Date for each Building, Landlord will provide to Tenant a letter acknowledging the Commencement, Rental Commencement (if different) Expiration Dates, Leased Premises holds over and the square footage Lessor cannot acquire possession of the Building which letter will then be attached hereto as Exhibit D. Notwithstanding anything herein to the contrary, the Lease Term shall extend through and end on the last day of the last month of the Term. If Tenant is permitted access to the Leased Premises prior to before the Commencement Date, such early entry then (a) Lessee's obligation to pay rent hereunder shall be waived until Lessor tenders possession of the Leased Premises to Lessee, (b) the term shall be extended by the time between the scheduled Commencement Date and the date on which Lessor tenders possession of the Leased Premises to Lessee (which date will then be subject to all the terms and provisions of this Lease defined as though the Commencement Date had occurredDate), unless otherwise agreed (c) Lessor shall not be in default hereunder or be liable for damages therefore, and (d) Lessee shall accept possession of the Leased Premises when Lessor tenders possession thereof to in writing by LandlordLessee. The Rental Commencement for each Building By occupying the Leased Premises, Lessee shall be deemed to have accepted the fifteenth (15 th) day after Leased Premises in their condition as of the Commencement Date except as provided in the Addendum.date of such occupancy. Lessee shall execute and deliver to Lessor, within

Commencement Date. The "Commencement Date" for each Building shall be ----------------- the earlier of the date that Tenant takes possession of the Premises or ten (10) days after Landlord notifies Tenant that the Building is, or will be by a date certain, ready for Tenant to take possession. The Commencement Date shall constitute be the earlier of (a) the date of Substantial Completion of the Tenant Improvements in the Premises and (b) the date Tenant commences to conduct business in the Premises. Landlord shall notify Tenant in writing at least five (5) Business Days in advance of the estimated Substantial Completion. If Tenant believes that Substantial Completion has not occurred, Tenant shall notify Landlord in writing of its objections within five (5) Business Days after its receipt of the Landlord's notice described in the preceding sentence. Landlord shall have a reasonable time after its receipt of Tenant's notice in which to take such action as may be necessary to achieve Substantial Completion, and shall notify Tenant in writing when such has been completed. The conduct of business by Tenant from the Premises shall establish the Commencement Date as specified in the definition of that term and the establishment of such fact upon the commencement of the Lease Term for all purposes, conduct of business shall occur even if Tenant disputes whether Substantial Completion has occurred or not Tenant has actually taken possession as evidenced by a Certificate of Occupancy. By mutual agreement attempts to condition or qualify Tenant's acceptance of the parties, Premises. Such commencement of the conduct of business shall further establish that the Premises are in good and satisfactory condition upon such commencement and the Commencement Date may has occurred. Tenant acknowledges that no representations as to the condition of the Premises have been made by Landlord, unless such are expressly set forth in this Lease. In the event of any dispute as to whether Substantial Completion has occurred, the certificate of Landlord's architect or general contractor or the certificate of occupancy or the equivalent sign-off by the municipal building inspector shall be changed. Within thirty (30) days after conclusive, except that any delay in receipt of such certificate or in Substantial Completion which is caused by Tenant or Tenant's Agents or caused by any of Tenants uncompleted work being contained in the Commencement Date for each Building, Landlord will provide same building permit as the Tenant Improvements shall be charged to Tenant a letter acknowledging in the Commencement, Rental Commencement (if different) Expiration Dates, and the square footage amount of the Building which letter will then be attached hereto as Exhibit D. Notwithstanding anything herein to daily Base Rent multiplied by the contrary, the Lease Term shall extend through and end on the last day number of the last month days of the Termsuch delays. If Tenant is permitted access to the Premises prior to on the Commencement Date, Punch List Work remains to be completed, Landlord and Tenant shall agree on such early entry Punch List Work prior to occupancy by Tenant and Landlord will be subject endeavor to all the terms and provisions of this Lease as though the Commencement Date had occurred, unless otherwise agreed to in writing by Landlord. The Rental Commencement for each Building shall be the fifteenth (15 th) day promptly complete it after the Commencement Date except as provided Date. In no event shall Tenant's refusal or failure to agree on the nature and extent of Punch List Work or the existence of items of Punch List Work Delay or postpone the occurrence of the Commencement Date. Tenant shall make no changes to the Plans or the work reflected in the AddendumPlans without the prior written consent Of Landlord, which consent shall not be unreasonably withheld. If the estimated date of Substantial Completion changes at any time after Landlord has given notice pursuant to this Paragraph, then Landlord shall give at least five (5) Business Days advance notice of the new estimated date of Substantial Completion. If (a) Substantial Completion has not occurred by the date which is twelve (12) weeks after the Tenant Waiver Date (as defined in Section 4.5 of the Tenant Work Letter) (the "Target Date"), this Lease shall remain in full force and effect and shall not be void or voidable; and (b) such delay is not due to any delays resulting from or arising out of any acts or omissions of Tenant or Tenant's Agents or any Force Majeure event (as defined below; provided, however, that for purposes of this sentence, the term "Force Majeure" shall not include any labor strikes, unless the same are caused by the acts of Tenant or Tenant's Agents), then for each day that Substantial Completion is delayed beyond the Target Date, Tenant shall receive one (1) day of Base Rent credit against Base Rent next coming due so long as Tenant has not yet commenced business operations from the Premises and Tenant is not in default beyond applicable cure periods under any of the terms or conditions of this Lease. Notwithstanding the foregoing, if Substantial Completion has not occurred by the date which is sixteen (16) weeks after the Tenant Waiver Date (the "Outside Date"), and such delay in Substantial Completion is not due in whole or in part to the acts or omissions of Tenant or Tenant's Agents or to any event of Force Majeure (provided, however, that for purposes of this sentence, the term "Force Majeure" shall not include any labor strikes, unless the same are caused by the acts of Tenant or Tenant's Agents), the Tenant shall have the right, as its sole remedy, to terminate this Lease by delivering written notice to Landlord on or before the tenth (10th) day following the Outside Date. If Tenant timely and properly exercises its right to terminate this Lease pursuant to this Section, then Landlord shall promptly return the Security Deposit and the Prepaid Rent to Tenant. If Tenant fails to deliver such notice on or before the tenth (10th) day following the Outside Date, then Tenant shall be deemed to have waived its right to terminate this Lease under this Section 2.5.

Commencement Date. The "Commencement Date" for each Building shall be ----------------- Upon the earlier of the date that Tenant takes possession of the Premises or ten (10) days after Landlord notifies Tenant that the Building is, or will be by a date certain, ready for Tenant to take possession. The Commencement Date shall constitute the commencement of the Lease Term for all purposes, whether or not Tenant has actually taken possession as evidenced by a Certificate of Occupancy. By mutual agreement of the parties, the Commencement Date may be changed. Within thirty (30) days after the Commencement Date for each Building, Landlord will provide to Tenant a letter acknowledging the Commencement, Rental Commencement (if different) Expiration Dates, and the square footage of the Building which letter will then be attached hereto as Exhibit D. Notwithstanding anything herein to the contrary, the Lease Term shall extend through and end on the last day of the last month of the Term. If Tenant is permitted access to the Premises prior to the Commencement Effective Date, such early entry will be subject to all the terms and provisions of this Lease as though shall be fully binding on Landlord and Tenant, including prior to the occurrence of the Commencement Date. The Term of this Lease shall commence on the Commencement Date had occurredand, unless otherwise agreed sooner terminated or extended as hereinafter provided, shall end on the Expiration Date. If Landlord does not tender possession of the Premises to in writing by LandlordTenant on or before any specified date, for any reason whatsoever, Landlord shall not be liable for any damage thereby caused, this Lease shall not be void or voidable thereby, and the Term shall not commence until Landlord tenders possession of the Premises to Tenant. The Rental Commencement for each Building Landlord shall be deemed to have tendered possession of the fifteenth (15 th) day after Premises to Tenant upon the giving of notice by Landlord to Tenant stating that the Premises are vacant, in the condition required by this Lease and available for Tenant’s occupancy. No failure to tender possession of the Premises to Tenant on or before any specified date shall affect any other obligations of Tenant hereunder. There shall be no postponement of the Commencement Date except as provided (or the Rent Commencement Date) for (i) any delay in the Addendumtender of possession to Tenant which results from any Tenant Delay or (ii) any delays by Landlord in the performance of any Punch List Items related to the Initial Installations. Once the Commencement Date is determined, Landlord and Tenant shall execute an agreement stating the Commencement Date, Rent Commencement Date and Expiration Date, but the failure to do so will not affect the determination of such dates. Notwithstanding anything to the contrary contained in this Lease, Tenant and Landlord hereby agree that if the Commencement Date shall not have occurred within nine (9) months following the Effective Date, as may be extended by Unavoidable Delays and Tenant Delays, Tenant may terminate this Lease by giving written notice to Landlord in which case this Lease shall terminate and neither party shall have any further liability to the other except (i) those obligations expressly intended to survive the termination of this Lease, and (ii) an obligation on the part of Landlord to return to Tenant any amounts deposited by Tenant under this Lease.

Commencement Date. The "Upon the Effective Date, the terms and provisions hereof shall be fully binding on Landlord and Tenant, including prior to the occurrence of the Commencement Date" for each Building . The Term of this Lease shall be ----------------- commence on the earlier of Commencement Date and, unless sooner terminated or extended as hereinafter provided, shall end on the date that Tenant takes Expiration Date. If Landlord does not tender possession of the Premises to Tenant on or ten (10) days after before any specified date, for any reason whatsoever, Landlord notifies Tenant that shall not be liable for any damage thereby, this Lease shall not be void or voidable thereby, and the Building is, or will be by a date certain, ready for Tenant to take possession. The Commencement Date Term shall constitute the commencement not commence until Landlord tenders possession of the Lease Term for all purposes, whether or not Tenant has actually taken Premises to Tenant. No failure to tender possession as evidenced by a Certificate of Occupancy. By mutual agreement of the parties, Premises to Tenant on or before any specified date shall affect any other obligations of Tenant hereunder. Once the Commencement Date may be changed. Within thirty (30) days after is determined, Landlord and Tenant shall execute an agreement in the form of Exhibit F hereto stating the Commencement Date for each Building, Landlord will provide to Tenant a letter acknowledging the Commencement, Rental Commencement (if different) Expiration Dates, and the square footage Expiration Date, but the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession of the Building which letter will then Premises, Tenant shall be attached hereto as Exhibit D. Notwithstanding anything herein deemed to have done so when Tenant first moves Tenant’s Property and/or any of its personnel into the Premises and/or commences construction, except to the contrary, the extent that Tenant is authorized in this Lease Term shall extend through and end on the last day or by Landlord’s agreement to do any of the last month foregoing without being deemed to have accepted possession of the TermPremises. If Notwithstanding the foregoing, if the Commencement Date has not occurred by August 1, 2002 (as such date may be extended by any Tenant is permitted access Delay and/or Unavoidable Delay), Tenant shall have the right, as Tenant’s sole remedy, to terminate this Lease by delivering written notice of such termination (the Premises “Termination Notice”) to Landlord at any time on or after such date but prior to the Commencement DateDate with such termination being effective 30 days after Landlord’s receipt of the Termination Notice; provided however, such early entry will be subject to all the terms and provisions of this Lease as though if the Commencement Date had occurredoccurs within such 30 day period, unless otherwise agreed to in writing by Landlord. The Rental Commencement for each Building the Termination Notice shall be deemed null and void. If Landlord incurs an Unavoidable Delay in connection with Landlord’s Substantial Completion of the fifteenth (15 th) day after the Commencement Date except as provided Tenant Improvements due to any delay in the Addendumissuance of any permits or in connection with any governmental inspections of the Tenant Improvements, Landlord will send Tenant written notice of such Unavoidable Delay within 2 business days after Landlord obtains actual knowledge of such Unavoidable Delay. If Landlord fails to send such notice to Tenant within such 2 business day period, then the delay will not be treated as an Unavoidable Delay until the day on which Landlord sends such notice to Tenant.

Commencement Date. The "Lease shall commence on the date specified in Section 1(b), or on such earlier or later date as may be specified by written notice delivered by Landlord to Tenant advising Tenant that the Premises are ready for possession and specifying the Commencement Date" for each Building , which shall not be less than _____ (30 if not completed) days following the date of such notice. If Tenant occupies the Premises before the Commencement Date specified in Section 1(b), then the Commencement Date shall be ----------------- the earlier of the date that Tenant takes of occupancy. If Landlord acts diligently to make the Premises available to Tenant, neither Landlord nor any agent or employee of Landlord shall be liable for any damage or loss due to Landlord's inability or failure to deliver possession of the Premises or ten (10) days after Landlord notifies to Tenant as provided in this Lease EXCEPT IF SUCH FAILURE RESULTS FROM LANDLORD'S NEGLIGENCE. The Termination Date shall be modified upon any change in the Commencement Date so that the Building is, or will be by a date certain, ready for Tenant to take possession. The Commencement Date shall constitute the commencement length of the Lease Term for all purposes, whether or term is not Tenant has actually taken changed. If Landlord does not deliver possession as evidenced by a Certificate of Occupancy. By mutual agreement of the parties, the Commencement Date may be changed. Within thirty Premises to Tenant within THIRTY (30) days (60 if not completed) after the date specified in Section 1(b), Tenant may elect to cancel this Lease by giving written notice to Landlord within 30 days after such time period ends. If Tenant gives such notice, the Lease shall be canceled, all prepaid rent and security deposits shall be refunded to tenant, and neither Landlord nor Tenant shall have any further obligations to the other. The first "Lease Year" shall commence on the Commencement Date for each Building, Landlord will provide to Tenant a letter acknowledging the Commencement, Rental Commencement (if different) Expiration Dates, and the square footage of the Building which letter will then be attached hereto as Exhibit D. Notwithstanding anything herein to the contrary, the Lease Term shall extend through and end on the last day date which is twelve (12) months from the end of the last month of the Term. If Tenant is permitted access to the Premises prior to the Commencement Date, such early entry will be subject to all the terms and provisions of this Lease as though in which the Commencement Date had occurred, unless otherwise agreed to in writing by Landlordoccurs. The Rental Commencement for each Building Each successive Lease Year during the initial term and any LEASE AGREEMENT (SINGLE TENANT FOR ENTIRE PARCEL - TRIPLE NET) (CONTINUED) extension terms shall be twelve (12) months, commencing on the fifteenth (15 th) first day after following the Commencement Date end of the preceding Lease Year, except as provided in that the Addendumlast Lease Year shall end on the Termination Date.

Commencement Date. The "Unless otherwise provided herein, the Commencement Date" for each Building Date and Termination Date shall be ----------------- as set forth in Section 1.3. If the earlier of the date that Tenant takes Landlord is unable to give possession of the Premises on the date set forth in Section 1.3 by reason of holding over of any tenant or ten (10) days after Landlord notifies Tenant that the Building isbecause construction, repairs, or will improvements being made or to be made by a date certain, ready for Tenant to take possession. The Commencement Date shall constitute the commencement of the Lease Term for all purposes, whether or Landlord are not Tenant has actually taken possession as evidenced by a Certificate of Occupancy. By mutual agreement of the partiessubstantially completed, the Commencement Date may and Termination Date shall be changedpostponed for the period that possession by Tenant is delayed for causes other than delays caused by Tenant, but under no circumstances shall Landlord be responsible for direct or consequential damages because of its inability to furnish possession to Tenant by any particular date. Within thirty (30) days after If the Commencement Date is after the date set forth in Section 1.3, it shall not be later than the date upon which the Premises would have been substantially completed but for each Building, Landlord will provide to delays caused by Tenant. Should Tenant a letter acknowledging the Commencement, Rental Commencement (if different) Expiration Dates, and the square footage of the Building which letter will then be attached hereto as Exhibit D. Notwithstanding anything herein to the contrary, the Lease Term shall extend through and end on the last day of the last month of the Term. If Tenant is permitted access to occupy the Premises prior to the Commencement Datedate set forth in Section 1.3, with such early entry will be subject to occupancy being in all the terms and provisions of this Lease as though the Commencement Date had occurred, unless otherwise agreed to respects fully approved in writing by Landlord, all terms of this Lease shall then commence and the term of this Lease and the Rental provided herein shall go into effect (being prorated if necessary on an actual daily basis for the first month if the Commencement Date is other than the first day of a calendar month). The Rental It is mutually agreed that the Commencement for each Building Date of the term under such early occupancy shall be the fifteenth (15 th) day after date Tenant takes occupancy of the Premises and that the Termination Date stated above shall remain in effect. When the Commencement Date except and Termination Date of the Lease Term have been determined as provided herein, Landlord shall deliver and Tenant shall execute a statement specifying the Commencement Date and the Termination Date of the Lease Term, in the Addendumform of Exhibit "D" attached hereto.

Commencement Date. Upon the Effective Date, the terms and provisions hereof shall be fully binding on Landlord and Tenant. The "Term of this Lease shall commence on the Commencement Date" for each Building . Unless sooner terminated or extended as may be hereinafter provided, the Term shall be ----------------- end on the earlier of the date that Tenant takes Expiration Date. If Landlord does not tender possession of the Premises to Tenant on or ten (10) days after Landlord notifies Tenant that the Building isbefore any particular date, or will be by a date certain, ready for Tenant to take possession. The Commencement Date shall constitute the commencement of the Lease Term for all purposes, whether or not Tenant has actually taken possession as evidenced by a Certificate of Occupancy. By mutual agreement of the parties, the Commencement Date may be changed. Within thirty (30) days after the Commencement Date for each Buildingany reason whatsoever, Landlord will provide to Tenant a letter acknowledging the Commencementshall not be liable for any damage thereby (except as expressly set forth in this Section 2.2 below), Rental Commencement (if different) Expiration Datesthis Lease shall not be void or voidable thereby, and the square footage Term shall not commence until the Commencement Date. Notwithstanding the foregoing, if Landlord does not cause the Initial Installations (defined in the Work Letter) to be Substantially Completed on or before the date that is sixty (60) days following the full execution and delivery of this Lease by Landlord and Tenant (the Building which letter will “Fixed Rent Abatement Outside Date”), then Tenant shall be attached hereto as Exhibit D. Notwithstanding anything herein entitled to an abatement of Fixed Rent in an amount equal to the contrary, product of (i) the Lease Term shall extend through number of days occurring after the Fixed Rent Abatement Outside Date and end on the last day of the last month of the Term. If Tenant is permitted access to the Premises prior to the Commencement Date, less the number of days attributable to any Tenant Delays (as defined in Exhibit B and the Work Letter) and/or Unavoidable Delays (as defined in the Exhibit B), and (ii) Five Hundred Sixty-Four and 62/100 Dollars ($564.62) (i.e., two (2) times the daily amount of Fixed Rent payable during the first Lease Year) (such early entry will Fixed Rent abatement amount is referred to herein as the “Fixed Rent Abatement Amount”). The Fixed Rent Abatement Amount, if any, shall be subject applied, if at all, to all the terms and provisions of Tenant’s obligation to pay Fixed Rent under this Lease commencing on the first day of the thirteenth (13th) full calendar month of the Term and continuing thereafter until such Fixed Rent Abatement Amount is fully exhausted. Landlord shall be deemed to have tendered possession of the Premises to Tenant upon the giving of notice by Landlord to Tenant stating that the Premises are vacant, in the condition required by this Lease and available for Tenant’s occupancy. Except as though otherwise specifically provided in this Section 2.2 above, no failure to tender possession of the Premises to Tenant on or before any particular date shall affect any other obligations of Tenant hereunder. There shall be no postponement of the Commencement Date had occurred, unless otherwise agreed to in writing by Landlord. The Rental Commencement for each Building shall be the fifteenth (15 thi) day after the Commencement Date except as provided any delay in the Addendumtender of possession to Tenant which results from any Tenant Delay or (ii) any delays by Landlord in the performance of any punch list items relating to Initial Installations. At any time during the Term, Landlord may deliver to Tenant a Notice of Lease Term Dates in the form as set forth in Exhibit G, attached hereto, which notice Tenant shall execute and return to Landlord within five (5) days of receipt thereof.

Commencement Date. The "April 1, 1997, unless the Commencement Date" for each Building shall be ----------------- Date is changed or the earlier of Lease is terminated as provided herein. In the date that Tenant takes possession of the Premises or ten (10) days after Landlord notifies Tenant event that the Building isLeased Premises cannot be delivered to Tenant for occupancy on or before March 1, or will be by a date certain, ready for Tenant to take possession. The Commencement Date shall constitute the commencement of the Lease Term for all purposes, whether or not Tenant has actually taken possession as evidenced by a Certificate of Occupancy. By mutual agreement of the parties1997, the Commencement Date may shall be changed. Within thirty (30) days after the Commencement Date for each Building, Landlord will provide later to Tenant a letter acknowledging the Commencement, Rental Commencement occur of (if differentA) Expiration Dates, and the square footage Substantial Completion of the Building which letter will then be attached hereto Leased Premises (as Exhibit D. Notwithstanding anything herein to hereinafter defined in Section 9(e)), or (B) the contrary, date the Lease Term shall extend through and end on the last day Landlord has delivered possession of the last month Leased Premises to Tenant, free of all tenants and occupants. Tenant may occupy the Term. If Tenant is permitted access to Leased Premises for the Premises 30-day period prior to the Commencement Date, such early entry without any obligation to pay any Base Rent hereunder; provided, however, that Tenant will otherwise be subject required throughout the period of its occupancy prior to the Commencement Date to perform all the terms of its other duties and provisions obligations under this Lease. The Term of this Lease as though shall commence on the Commencement Date had occurredand, unless otherwise agreed extended or sooner terminated as hereinafter provided, shall end on the Termination Date, as such dates are respectively defined herein. Tenant may elect to accept delivery of a portion of the Leased Premises when such portion is Substantially Complete (as that term is defined in writing by Landlord. The Rental Commencement for each Building shall be Section 9(e)) without accepting delivery of all of the fifteenth (15 th) day after Leased Premises, and the Commencement Date except for such portion shall be deemed the date of such acceptance of all of the Leased Premises; provided, however, that if Tenant elects to so accept delivery of a portion of the Leased Premises, then commencing on the date which is 30 days after such acceptance, it will be obligated to pay Base Rent on the occupied portion of the Leased Premises in an amount equal to the Base Rent specified in Exhibit B to the Lease, multiplied by a fraction, having as provided in its numerator the Addendumnumber of rentable square feet contained within the portion of the Leased Premises so occupied by Tenant, and having as its denominator the number of rentable square feet contained within the entire Leased Premises.

Commencement Date. The "“Commencement Date" for each Building shall be ----------------- ” means, subject to the earlier terms of subparagraph (c) below, the day that Landlord tenders the Premises to Tenant with the Work Substantially Complete or that date that Tenant takes Landlord would have tendered possession of the Premises or ten (10) days after but for a Tenant Delay Day. If Landlord notifies Tenant that the Building is, or will be by a date certain, ready for Tenant fails to take possession. The Commencement Date shall constitute the commencement tender possession of the Lease Term for all purposes, whether or not Tenant has actually taken possession as evidenced by a Certificate of Occupancy. By mutual agreement of the parties, the Commencement Date may be changed. Within thirty (30) days after the Commencement Date for each Building, Landlord will provide Premises to Tenant a letter acknowledging by the Commencement, Rental Commencement (if different) Expiration Dates, and the square footage of the Building which letter will then be attached hereto as Exhibit D. Notwithstanding anything herein to the contrary, the Lease Term shall extend through and end on the last day of the last month of the Term. If Tenant is permitted access to the Premises prior to the Scheduled Commencement Date, such early entry failure will be subject to all the terms and provisions not constitute a default of this Lease or grounds for termination of this Lease, and Tenant agrees to accept possession of the Premises when same are tendered by Landlord. If, for any reason other than a Tenant Delay Day or a Force Majeure event, Landlord fails to tender possession of the Premises to Tenant with the Work Substantially Completed within [***] after the date of this Lease, then for each day after such date that Landlord is late in so tendering, Tenant shall be entitled to [***] of abatement of Base Rent (which shall be applied following the Commencement Date) (the day for day rent credit shall be referred to as though the “Late Delivery Rent Credit”). The Late Delivery Rent Credit, if any, shall be applied in equal monthly installments against Base Rent as and when same comes due and is payable until fully applied, provided that such Late Delivery Rent Credit shall be in addition to the application of any abatement of Rent or other off-set provided herein. Delay in the Commencement Date had occurred, unless otherwise agreed shall not subject Landlord to in writing by Landlord. The Rental Commencement liability for each Building loss or damage resulting therefrom and Tenant’s sole recourse shall be the fifteenth (15 th) day after the Commencement Date except as provided in the Addendum.this Section above. ​

Commencement Date. The "Except as otherwise set forth herein, the “Commencement Date" ” shall occur on November 1, 2010. Prior to the Commencement Date, Seller shall have no obligation to sell and deliver Product and Buyer shall have no obligation to purchase and accept Product: provided, however, the Parties may mutually agree to sell and purchase Product prior to the Commencement Date on the terms and conditions of this Contract but in no event will Buyer have an obligation to purchase the minimum Monthly quantity requirement of Product (set forth below). Seller shall keep Buyer informed of Seller’s projected completion date for each Building the propylene production facility. Prior to Commencement Date. Seller shall be ----------------- have the earlier option on up to two occasions to delay the Commencement Date: provided however, Seller shall notify Buyer of the date that Tenant takes possession of the Premises or ten any such delay by providing at least ninety (1090) days after Landlord notifies Tenant that prior written notice to Buyer. In no event shall the Building isCommencement Date be delayed beyond January 1, or will 2011 except for the occurrence a Force Majeure Event as provided below. If Seller sends a notice extending the Commencement Date, then the new date set forth in such notice shall for all purpose be by a date certain, ready for Tenant to take possessionthe “Commencement Date”. The Commencement Date shall constitute be subject to extension due to a Force Majeure Event. In the event the Seller is unable to commence deliveries of Product to Buyer under this Contract on the Commencement Date, then until the completion of the construction of Seller’s propylene plant and Seller’s commencement of deliveries required hereunder, Buyer’s sole remedy shall be the Lease Term right to procure replacement quantities of Product, up to a Monthly quantity of 21.750.000 pounds, and charge Seller with the additional costs paid by Buyer for all purposes, whether or not Tenant has actually taken possession as evidenced by a Certificate of Occupancy. By mutual agreement such replacement quantities in excess of the partiescosts that Buyer would have been obligated to pay Seller hereunder. As to any replacement quantities purchased by Buyer, Buyer shall use commercially reasonable efforts to minimize the Commencement Date may be changedpurchase price of such replacement Product. Within If the completion of the construction of Seller’s propylene plant and Seller’s commencement of deliveries required hereunder has not occurred by March 31, 2011, and such delay has not been caused by Force Majeure Event(s), then Buyer shall have the right to terminate this Contract by providing Seller with thirty (30) days after the Commencement Date for each Buildingprior written notice, Landlord will provide to Tenant a letter acknowledging the Commencementwhich notice must be provided, Rental Commencement (if different) Expiration Datesat all, and the square footage of the Building which letter will then be attached hereto as Exhibit D. Notwithstanding anything herein to the contrary, the Lease Term shall extend through and end on the last day of the last month of the Term. If Tenant is permitted access to the Premises prior to the Commencement Date, such early entry will be subject to all completion of the terms construction of Seller’s propylene plant and provisions Seller’s commencement of this Lease as though the Commencement Date had occurred, unless otherwise agreed to in writing by Landlord. The Rental Commencement for each Building shall be the fifteenth (15 th) day after the Commencement Date except as provided in the Addendumdeliveries required hereunder.

Commencement Date. The "“Commencement Date" for each Building ” shall be ----------------- the earlier of mean the date that Tenant takes Landlord shall have delivered possession of the Leased Premises to Tenant in broom clean condition with the Landlord's Work and the Tenant Improvements within the Leased Premises Substantially Completed. Landlord estimates that the Commencement Date shall occur on or ten before the date that is one hundred five (10105) days after the date upon which Landlord notifies receives all necessary permits for the construction of the Tenant that Improvements. Such date, as applicable and subject to extension due to Force Majeure and Tenant Delays, is referred to herein as the Building is, or will be by a date certain, ready for Tenant to take possession. The “Estimated Commencement Date.” At such time as the Commencement Date shall constitute have been established, the commencement of parties shall enter into an agreement confirming the Lease Term for all purposessame substantially in the form attached hereto as Exhibit C. Notwithstanding the foregoing, whether or not Tenant has actually taken possession as evidenced by a Certificate of Occupancy. By mutual agreement of the parties, if the Commencement Date may be changed. Within does not occur on or before the day that is thirty (30) days after following the Estimated Commencement Date, Tenant shall be entitled to one (1) day of abatement of Base Rent for every day in the period beginning on the day following the thirtieth (30th) day following Estimated Commencement Date for each Building, Landlord will provide to Tenant a letter acknowledging the Commencement, Rental Commencement (if different) Expiration Dates, and the square footage of the Building which letter will then be attached hereto as Exhibit D. Notwithstanding anything herein to the contrary, the Lease Term shall extend through and end ending on the last day of the last month of the Term. If Tenant is permitted access to the Premises prior to the Commencement Date, which abatement shall be in addition to any other abatement, free rent periods or other rental concessions to which Tenant may be entitled under this Lease. Subject to Tenant Delays and Force Majeure, if the Commencement Date does not occur on or before the date that is two hundred seventy (270) days following the mutual execution of this Lease (the “Outside Commencement Date”), Tenant shall be entitled to two (2) days of abatement of Base Rent for every day in the period beginning on the day following the Outside Commencement Date and ending on the Commencement Date, which abatement shall be in addition to any other abatement, free rent periods or other rental concessions to which Tenant may be entitled under this Lease. Notwithstanding the foregoing, Tenant shall have the right to enter the Leased Premises thirty (30) days prior to the anticipated date of Substantial Completion of the Landlord's Work and the Tenant Improvements for the purposes of installing cabling, wiring, telephone equipment, fixtures, furniture, and equipment to facilitate Tenant's move-in and start-up of business operations, so long as any such entry is coordinated with Landlord and Landlord's contractors and such entry and installations do not unreasonably interfere with the work being performed by Landlord's workmen or contractors in the Leased Premises. No such entry shall be deemed Tenant's possession of the Leased Premises, or otherwise affect the occurrence of the Commencement Date. In any such event, the Tenant's workmen and contractors shall take reasonable steps to minimize interference with any work being simultaneously performed by the Landlord's workmen or contractors in the Leased Premises. In the event of any unreasonable interference prior to Substantial Completion, Landlord shall have the right to provide written notice to Tenant of such interference, and Tenant shall cause its workmen and contractors to cease such interference or cease performing such work until Landlord's workmen and contractors have completed their work. Any such early entry will into and occupancy of the Leased Premises by Tenant or any person or entity working for or on behalf of Tenant shall be deemed to be subject to all of the terms terms, covenants, conditions and provisions of the Lease, including, without limitation, providing certificate(s) of insurance required under this Lease as though Lease, excluding only the Commencement Date had occurred, unless otherwise agreed covenant to in writing by Landlord. The Rental Commencement for each Building shall be the fifteenth pay Rent (15 th) day after the Commencement Date except as provided in the Addendumdefined herein).

Commencement Date. The terms and provisions of this Lease shall be effective as of the date of this Lease. The term of this Lease (the "Term") shall be for the duration set forth in Section 1.3 hereof and shall commence on the date set forth in Section 1.3.2 of this Lease (the "Commencement Date") and shall terminate on the date set forth in Section 1.3.3 of this Lease, unless sooner terminated pursuant to the terms of this Lease. For purposes of this Lease, the term "Lease Year" for shall mean each Building shall be ----------------- consecutive twelve (12) month period during the earlier Term. Notwithstanding the definition of the date Commencement Date for the Premises set forth in Section 1.3.2, above, Tenant shall have the right to commence business operations from any portion of the Premises (such space, the "Pre- Occupancy Space") during the "Pre-Occupancy Period," as that term is defined below, provided that (i) Tenant shall give Landlord at least ten (10) days prior notice of any such use of the Premises, and (ii) a certificate of occupancy or its equivalent permitting occupancy shall have been issued by the appropriate governmental authorities for the Pre- Occupancy Space. If Tenant does commence business operations from any Pre- Occupancy Space prior to the occurrence of the Lease Commencement Date, all of the terms and conditions of this Lease shall apply to that portion of the Premises containing the Pre-Occupancy Space, except that Tenant takes shall have no obligation to pay Basic Rent or Tenant's Share of Expenses during the period commencing on the date Tenant commences business operations from the applicable Pre-Occupancy Space and continuing until the Lease Commencement Date (the "Pre-Occupancy Period"). Following Tenant's possession of the Premises or Premises, Tenant shall confirm the Commencement Date upon Landlord's delivery to Tenant of an instrument in the form set forth on Exhibit B attached hereto. Tenant shall execute and return such instrument within ten (10) days after written request from Landlord. This Lease shall be a binding contractual agreement effective upon the date of execution hereof by both Landlord notifies Tenant that and Tenant, notwithstanding the Building is, or will be by a date certain, ready for Tenant to take possession. The Commencement Date shall constitute the later commencement of the Lease Term for all purposes, whether or not Tenant has actually taken possession as evidenced by a Certificate of Occupancy. By mutual agreement of the parties, the Commencement Date may be changed. Within thirty (30) days after the Commencement Date for each Building, Landlord will provide to Tenant a letter acknowledging the Commencement, Rental Commencement (if different) Expiration Dates, and the square footage of the Building which letter will then be attached hereto as Exhibit D. Notwithstanding anything herein to the contrary, the Lease Term shall extend through and end on the last day of the last month of the Term. If Tenant is permitted access to the Premises prior to the Commencement Date, such early entry will be subject to all the terms and provisions of this Lease as though the Commencement Date had occurred, unless otherwise agreed to in writing by Landlord. The Rental Commencement for each Building shall be the fifteenth (15 th) day after the Commencement Date except as provided in the Addendum4.

Commencement Date. The "Lease shall commence on the date specified in Section 1(b), or on such earlier or later date as may be specified by written notice delivered by Landlord to Tenant advising Tenant that the Premises are ready for possession and specifying the Commencement Date" for each Building , which shall not be ----------------- the earlier of the date that Tenant takes possession of the Premises or less than ten (10) days after Landlord notifies following the date of such notice. If Tenant that occupies the Building isPremises before the Commencement Date specified in Section 1(b), or will be by a date certain, ready for Tenant to take possession. The then the Commencement Date shall constitute be the commencement date of occupancy. If Landlord acts diligently to make the Premises available to Tenant, neither Landlord nor any agent or employee of Landlord shall be liable for any damage or loss due to Landlord's inability or failure to deliver possession of the Premises to Tenant as provided in this Lease. The Termination Date shall be modified upon any change in the Commencement Date so that the length of the Lease Term for all purposes, whether or term is not Tenant has actually taken changed. If Landlord does not deliver possession as evidenced by a Certificate of Occupancy. By mutual agreement of the partiesPremises to Tenant within ninety days (90) after the date specified in Section 1(b), Tenant may elect to cancel this Lease by giving written notice to Landlord within 10 days after such time period ends. If Tenant gives such notice, the Lease shall be cancelled, all prepaid rent and security deposits shall be refunded to tenant, and neither Landlord nor Tenant shall have any further obligations to the other. The first "Lease Year" shall commence on the Commencement Date may be changed. Within thirty and shall end on the date which is twelve (3012) days after months from the end of the month in which the Commencement Date for each Buildingoccurs. Each successive Lease Year during the initial term and any extension terms shall be twelve (12) months, Landlord will provide to Tenant a letter acknowledging commencing on the Commencement, Rental Commencement (if different) Expiration Dates, and first day following the square footage end of the Building which letter will then be attached hereto as Exhibit D. Notwithstanding anything herein to preceding Lease Year, except that the contrary, the last Lease Term Year shall extend through and end on the last day of the last month of the Term. If Tenant is permitted access to the Premises prior to the Commencement Termination Date, such early entry will be subject to all the terms and provisions of this Lease as though the Commencement Date had occurred, unless otherwise agreed to in writing by Landlord. The Rental Commencement for each Building shall be the fifteenth (15 th) day after the Commencement Date except as provided in the Addendum.

Commencement Date. The "Commencement Date" for each Building 2.4.1 Landlord shall complete the Tenant Improvements in accordance with the Plans and Specifications. Landlord's completion of the Tenant Improvements shall be ----------------- performed by Landlord's contractors, and the earlier Tenant Improvement Allowance shall be applied against the cost thereof as provided in paragraph 2.5 hereof. Landlord shall notify Tenant in writing of Substantial Completion. If Tenant believes that Substantial Completion has not occurred, Tenant shall notify Landlord in writing of its objections within five (5) Business Days after its receipt of the date Landlord's notice described in the preceding sentence. Landlord shall have a reasonable time after its receipt of Tenant's notice in which to take such action as may be necessary to achieve Substantial Completion, and shall notify Tenant in writing when such has been achieved. Taking of possession by Tenant shall establish the Commencement Date as specified in the definition of that term even if Tenant takes disputes whether Substantial Completion has occurred or attempts to condition or qualify the taking of possession. Taking of possession shall further establish that the Premises are in good and satisfactory condition on the Commencement Date and, except as expressly provided below with respect to latent defects in the Tenant Improvements, any alleged defects or deficiencies are waived by the Tenant except for any incomplete Punch List Work. Tenant shall notify the Landlord in writing within three (3) months after Substantial Completion of the existence of any latent defects pertaining to the Tenant Improvements. If Tenant fails to notify the Landlord of any latent defects pertaining to the Tenant Improvements within such period, Tenant shall be deemed to have waived any rights on account thereof. Tenant acknowledges that no representations as to the condition of the Premises or ten (10) days after Landlord notifies have been made by Landlord, unless such are expressly set forth in this Lease. With the exception of the Tenant Improvements to be made by Landlord, Tenant acknowledges that the Building is, or will Premises shall be by a date certain, ready for Tenant delivered AS IS and that no representations as to take possession. The Commencement Date shall constitute the commencement condition of the Lease Term for all purposes, Premises have been made by Landlord. In the event of any dispute as to whether or not Tenant Substantial Completion has actually taken possession as evidenced by a Certificate of Occupancy. By mutual agreement of the partiesoccurred, the Commencement Date may receipt of a temporary certificate of occupancy shall be changed. Within thirty (30) days after the Commencement Date for each Building, Landlord will provide conclusive unless a temporary certificate of occupancy is unavailable or delayed due to Tenant a letter acknowledging the Commencement, Rental Commencement (if different) Expiration Dates, and the square footage of the Building causes which letter will then be attached hereto as Exhibit D. Notwithstanding anything herein to the contrary, the Lease Term shall extend through and end on the last day of the last month of the Termare Tenant's responsibility. If Tenant is permitted access to the Premises prior to on the Commencement Date, Punch List Work remains to be completed, Landlord and Tenant shall agree on such early entry Punch List Work prior to occupancy by Tenant and Landlord will be subject to all the terms and provisions of this Lease as though the Commencement Date had occurred, unless otherwise agreed to in writing by Landlord. The Rental Commencement for each Building shall be the fifteenth (15 th) day promptly complete it after the Commencement Date except as provided Date. In no event shall Tenant's refusal or failure to agree on the nature and extent of Punch List Work or the existence of items of Punch List Work delay or postpone the occurrence of the Commencement Date. Tenant shall make no changes to the Plans and Specifications or the work reflected in the AddendumPlans and Specifications without the consent of Landlord, which consent shall not be unreasonably withheld.

Commencement Date. The "Upon the Effective Date, the terms and provisions hereof shall be fully binding on Landlord and Tenant prior to the occurrence of the Commencement Date" for each Building . The Term of this Lease shall be ----------------- commence on that date (the "COMMENCEMENT DATE") which is the earlier to occur of (i) the Effective Date or (ii) the date on which Landlord completes the acquisition of title to the Real Property. Immediately following the close of escrow of Landlord's purchase of the date that Real Property, Landlord shall advise Tenant takes in writing of the same. Unless sooner terminated or extended as hereinafter provided, the Term shall end on the "EXPIRATION DATE" specified in Article 1. If Landlord does not tender possession of Block One to Tenant on or before the Scheduled Rent Commencement Date (Block One) or Block Two by the Scheduled Rent Commencement Date (Block Two), for any reason whatsoever, Landlord shall not be liable for any damage thereby, and this Lease shall not be void or voidable thereby. . No failure to tender possession of the applicable portion of the Premises to Tenant on or ten before the Scheduled Rent Commencement Date (10Block One) days or the Scheduled Rent Commencement Date (Block Two), as the case may be, shall in any way affect any other obligations of Tenant hereunder, provided, however, that Landlord shall use its commercially reasonable efforts to recover possession of Block Two on May 31, 2000, or as soon thereafter as is reasonably feasible (without any obligation to commence any unlawful detainer proceedings against Chevron Corporation). In addition, Landlord covenants and agrees not to amend the lease with Chevron Corporation in order to grant Chevron Corporation the right to remain in possession of Block Two after May 31, 2000. In addition, if Landlord notifies is unable to tender Block Two to Tenant that on or before May 31, 2000, but Landlord has other available units of space within the Building is(the "TEMPORARY SPACE"), or will be by a date certain, ready for Tenant to take possession. The Commencement Date shall constitute the commencement of the Lease Term for all purposes, whether or not Tenant has actually taken possession as evidenced by a Certificate of Occupancy. By mutual agreement of the parties, the Commencement Date then Landlord may be changed. Within thirty (30) days after the Commencement Date for each Building, Landlord will provide to Tenant a letter acknowledging the Commencement, Rental Commencement (if different) Expiration DatesLandlord elects to do so in its sole discretion), make such Temporary Space available for Tenant's use and the square footage of the Building which letter will then be attached hereto as Exhibit D. Notwithstanding anything herein occupancy for a period not to the contrary, the Lease Term shall extend through and end on the last day of the last month of the Termexceed 60 days. If Tenant is permitted access elects to the Premises prior to the Commencement Dateoccupy such Temporary Space, such early entry will be subject to Tenant shall do so on all of the terms and provisions of this Lease (including those with respect to Rent) for such period as though Landlord may specify. Landlord shall tender such Temporary Space in its then As-Is condition and shall have no obligation to ready the space for Tenant's use and occupancy. Once the respective Rent Commencement Dates are determined, Landlord and Tenant shall execute an agreement stating the Commencement Date, Rent Commencement Date had occurred(Block One), unless otherwise agreed Rent Commencement Date (Block Two) and Expiration Date, but the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession of the Premises, Tenant shall be deemed to have done so when Tenant first moves Tenant's Property and/or any of its personnel into the Premises, except to the extent that Tenant is authorized in writing this Lease or by Landlord's agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. The Rental Commencement for each Building shall be the fifteenth (15 th) day after the Commencement Date except as provided in the Addendum.\

Commencement Date. The "Upon the Effective Date, the terms and provisions hereof shall be fully binding on Landlord and Tenant prior to the occurrence of any Commencement Date" . The Term of this Lease shall commence in respect of each portion of the Premises on the Commencement Date in respect thereof and, unless sooner terminated or extended as hereinafter provided, shall end on the Expiration Date. If Landlord does not tender possession of any portion of the Premises to Tenant on or before any specified date, for each Building any reason whatsoever, Landlord shall not be liable for any damage thereby, this Lease shall not be void or voidable thereby, and the Term shall not commence in respect of such portion of the Premises until Landlord tenders possession of such portion of the Premises to Tenant. Landlord shall be ----------------- the earlier deemed to have tendered possession of each portion of the Premises to Tenant upon the giving of notice by Landlord to Tenant stating that such portion of the Premises is vacant, in the condition required by this Lease and available for Tenant's occupancy. No failure to tender possession of any portion of the Premises to Tenant on or before any specified date shall affect any other obligations of Tenant hereunder. Once a Commencement Date is determined, Landlord and Tenant shall execute an agreement stating such Commencement Date, the applicable Rent Commencement Date and Expiration Date, but the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession of any portion of the Premises, Tenant shall be deemed to have done so when Tenant first moves Tenant's Property and/or any of its personnel into such portion of the Premises and/or commences construction, except to the extent that Tenant takes is authorized in this Lease or by Landlord's agreement to do any of the foregoing without being deemed to have accepted possession of such portion of the Premises. The provisions of this SECTION 2.2 are intended to constitute "an express provision to the contrary" within the meaning of Section 223-a of the New York Real Property Law or any successor Requirement. Landlord shall deliver vacant possession of the Premises or ten (10) days after Landlord notifies Tenant that other than the Building is, or will be by a date certain, ready for Tenant to take possession. The Commencement Date shall constitute the commencement of the Lease Term for all purposes, whether or not Tenant has actually taken possession as evidenced by a Certificate of Occupancy. By mutual agreement of the parties2nd Floor Premises, the Commencement Date may be changed. Within thirty (30) days after the Commencement Date for each Building, Landlord will provide to Tenant a letter acknowledging the Commencement, Rental Commencement (if different) Expiration Dates, 14th Floor Premises and the square footage of 15th Floor Premises) simultaneously with the Building which letter will then be attached hereto as Exhibit D. Notwithstanding anything herein to the contrary, the Lease Term shall extend through execution and end on the last day of the last month of the Term. If Tenant is permitted access to the Premises prior to the Commencement Date, such early entry will be subject to all the terms and provisions delivery of this Lease by the parties hereto. Tenant acknowledges that the 2nd Floor Premises are on the date hereof subject to a lease that currently has an expiration date of July 31, 2002 and that the 14th Floor Premises and the 15th Floor Premises are on the date hereof subject to a lease that is being modified to provide for the surrender of the 14th Floor Premises and the 15th Floor Premises. Landlord shall deliver vacant possession of the 2nd Floor Premises to Tenant as though promptly as reasonably possible after July 31, 2002 and after Landlord obtains vacant possession of such space. Landlord shall deliver vacant possession of the Commencement Date had occurred14th Floor Premises and the 15th Floor Premises to Tenant as promptly as reasonably possible after Landlord obtains vacant possession of such space. Landlord shall endeavor, unless otherwise agreed without liability for failure to in writing do so, to give Tenant not less than 2 Business Days prior notice of the date of delivery of possession of each of the 14th Floor Premises and the 15th Floor Premises by Landlord. The Rental Commencement for each Building shall be the fifteenth (15 th) day after the Commencement Date except as provided in the AddendumLandlord to Tenant.

Commencement Date. The "“Commencement Date" for each Building ” shall be ----------------- the earlier of the date that Tenant takes Landlord delivers possession of the Premises to Tenant in the condition required hereunder. No Base Rent (as hereinafter defined) or ten other rent or charges of any kind or nature, other than those charges described in Sections 6.1(b) and (10c) shall be payable by Tenant with respect to the Premises until the Rent Commencement Date. The “Rent Commencement Date” shall be the earlier to occur of (i) Tenant’s Substantial Completion of the Tenant Improvements or (ii) six (6) months after the Commencement Date; provided, however, such six (6) month period shall be extended by one (1) day for each day Tenant’s Substantial Completion of the Tenant Improvements is actually delayed beyond such six (6) month period due to force majeure. As used herein, “Substantial Completion” shall mean the date that the Tenant Improvements are complete, subject only to minor punch-list items that do not interfere with Tenant’s use or occupancy of the Premises, and Tenant has received all governmental permits and approvals required for the legal occupancy of the Premises for the use permitted hereunder, including a permanent certificate of occupancy. If Landlord fails to deliver possession of the Premises in the required condition within fifteen (15) days after Landlord notifies Tenant that the Building is, or will be by a date certain, ready for Tenant to take possession. The Commencement Date shall constitute the commencement of the Lease Term for all purposes, whether or not Tenant has actually taken possession as evidenced by a Certificate of Occupancy. By mutual agreement of the parties, the Commencement Date may be changed. Within thirty (30) days after the Commencement Date for each Building, Landlord will provide to Tenant a letter acknowledging the Commencement, Rental Commencement (if different) Expiration Dates, and the square footage of the Building which letter will then be attached hereto as Exhibit D. Notwithstanding anything herein to the contrary, the Lease Term shall extend through and end on the last day of the last month of the Term. If Tenant is permitted access to the Premises prior to the Commencement Date, such early entry will be subject to all the terms and provisions execution of this Lease as though or Tenant fails to Substantially Complete the Commencement Date had occurredTenant Improvements within six (6) months after Tenant’s execution of this Lease or Tenant is unable to complete the Tenant Improvements at a cost of less than One Million Dollars ($1,000,000), unless otherwise agreed then Tenant may terminate this Lease by written notice to in writing by Landlord. The Rental Commencement for each Building shall be the fifteenth (15 th) day after the Commencement Date except as provided in the Addendum.

Commencement Date. The "If this Lease is not terminated pursuant to Section 2.1 above or Section 2.4 below, the “Commencement Date" for each Building ” shall be ----------------- occur on the earlier of: (i) the date of Substantial Completion of the Tenant Improvements (as such terms are defined in Exhibit B attached hereto), or (ii) the date that which is three (3) months following the Delivery Date as determined as provided in Section 2.3 below, subject to any Landlord Delay, Force Majeure Delay not to exceed ninety (90) days and Tenant takes possession Plan Delay (not to exceed ninety (90) days (as such terms are defined in Exhibit B). Tenant shall use Landlord’s Contractor (as defined below) for the Tenant Improvements, subject to (i) Tenant’s approval, which shall not be unreasonably withheld or delayed if the bids submitted are competitive, of the Premises or bids submitted by Landlord’s Contractor and its subcontractors, and (ii) Tenant’s right to audit Landlord’s Contractor’s books and records with respect to the Tenant Improvements as set forth in Exhibit B attached hereto. Within ten (10) business days after written request by Landlord notifies (which request shall not be made until Substantial Completion of the Tenant that Improvements has occurred in all the Building isBuildings), or will Landlord and Tenant shall execute a written amendment to this Lease, substantially in the form of Exhibit D hereto, wherein the parties shall specify the actual Commencement Date as calculated as set forth above (which such date shall be by a the “Commencement Date” for all purposes of this Lease), the Expiration Date and the date certain, ready for on which Tenant is to take possessioncommence paying Rent. The Commencement Date shall constitute word “Term” whenever used herein refers to the commencement initial term of this Lease and any valid extension(s) or renewal(s) thereof. For avoidance of doubt, Tenant’s occupancy of one or more Buildings for purposes of commencing business operations prior to Substantial Completion of the Lease Term for Tenant Improvements in all purposes, whether or not Tenant has actually taken possession as evidenced by a Certificate of Occupancy. By mutual agreement of the parties, Buildings shall not be deemed to modify the Commencement Date may or the Expiration Date of this Lease, but Tenant’s obligation to pay Rent for such Building or Buildings shall be changed. Within thirty (30) days after as set forth in the Commencement Date for each Building, Landlord will provide to Basic Lease Information and Tenant a letter acknowledging the Commencement, Rental Commencement (if different) Expiration Dates, and the square footage of the Building which letter will then be attached hereto as Exhibit D. Notwithstanding anything herein to the contrary, the Lease Term shall extend through and end on the last day of the last month of the Term. If Tenant is permitted access to the Premises prior to the Commencement Date, such early entry will be subject to all the other terms and provisions conditions of this Lease as though with respect to the Commencement Date had occurred, unless otherwise agreed to in writing by Landlord. The Rental Commencement for each Building shall be the fifteenth (15 th) day after the Commencement Date except as provided in the Addendumparticular occupancy and business operations.

Commencement Date. The "Upon the Effective Date, the terms and provisions hereof shall be fully binding on Landlord and Tenant prior to the occurrence of the Commencement Date" for each Building . The Term of this Lease shall be ----------------- commence on the earlier of Commencement Date and, unless sooner terminated or extended as hereinafter provided, shall end on the date that Tenant takes Expiration Date. If Landlord does not tender possession of the Premises to Tenant on or ten (10) days after before any specified date, for any reason whatsoever, Landlord notifies shall not be liable for any damage thereby, this Lease shall not be void or voidable thereby, and the Term shall not commence until Landlord tenders possession of the Premises to Tenant. Landlord shall be deemed to have tendered possession of the Premises to Tenant upon the giving of notice by Landlord to Tenant stating that the Building isPremises are vacant, or in the condition required by this Lease and available for Tenant’s occupancy. Landlord shall provide Tenant with at least 10 days’ prior notice of the date Landlord reasonably anticipates will be by a date certain, ready for Tenant the Commencement Date. No failure to take possession. The Commencement Date shall constitute the commencement tender possession of the Lease Term for all purposes, whether Premises to Tenant on or not before any specified date shall affect any other obligations of Tenant has actually taken possession as evidenced by a Certificate hereunder. There shall be no postponement of Occupancy. By mutual agreement of the parties, the Commencement Date may be changed(or the Rent Commencement Date) for (i) any delay in the delivery of possession of the Premises to Tenant which results from any Tenant Delay or (ii) any delay by Landlord in the performance of any Punch List Items relating to Landlord’s Work. Within thirty (30) days after Once the Commencement Date for each Buildingis determined, Landlord will provide to and Tenant a letter acknowledging the Commencement, Rental Commencement (if different) Expiration Dates, and the square footage of the Building which letter will then be attached hereto as Exhibit D. Notwithstanding anything herein to the contrary, the Lease Term shall extend through and end on the last day of the last month of the Term. If Tenant is permitted access to the Premises prior to execute an agreement stating the Commencement Date, Rent Commencement Date and Expiration Date, but the failure to do so will not affect the determination of such early entry will dates. For purposes of determining whether Tenant has accepted possession of the Premises, Tenant shall be subject deemed to all have done so when Tenant first moves Tenant’s Property and/or any of its personnel into the terms and Premises and/or commences construction of the Initial Installations, except to the extent that Tenant is authorized in this Lease or by Landlord’s agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. The provisions of this Lease as though Section 2.2 are intended to constitute “an express provision to the Commencement Date had occurred, unless otherwise agreed to in writing by Landlord. The Rental Commencement for each Building shall be contrary” within the fifteenth (15 th) day after meaning of Section 223-a of the Commencement Date except as provided in the AddendumNew York Real Property Law or any successor Requirement.

Commencement Date. The "Landlord shall notify Tenant in writing of Substantial Completion and Tenant shall commence occupancy of the Initial Premises on the Commencement Date" for each Building . Tenant shall be ----------------- occupy the earlier Additional Space on the Second Commencement Date. Tenant shall occupy the Additional Space on the Second Commencement Date. In the event that the Tenant contends that the Tenant Improvements have not in fact been Substantially Completed, Tenant shall notify Landlord in writing of the date that Tenant takes possession of the Premises or its objections within ten (10) calendar days after its receipt of the Landlord's notice described in the preceding sentence. Landlord notifies Tenant that the Building is, or will be by shall have a date certain, ready for Tenant reasonable time after its receipt of Tenant's notice in which to take possession. The Commencement Date shall constitute the commencement of the Lease Term for all purposes, whether or not Tenant has actually taken possession such action as evidenced by a Certificate of Occupancy. By mutual agreement of the parties, the Commencement Date may be changed. Within thirty (30) days after the Commencement Date for each Building, Landlord will provide necessary to Tenant a letter acknowledging the Commencement, Rental Commencement (if different) Expiration Datesachieve Substantial Completion, and the square footage of the Building which letter will then be attached hereto as Exhibit D. shall notify Tenant in writing when such action has been completed. Notwithstanding anything herein any notification by Tenant to the contrary, taking of possession by Tenant shall establish the Lease Term Commencement Date as specified in the definition of that term and that the Premises and Tenant Improvements are in good and satisfactory condition, as and when possession was so taken and that the Commencement Date occurred. Tenant acknowledges that no representations as to the condition of the Premises have been made by Landlord, unless such are expressly set forth in this Lease. In the event of any dispute as to whether the Tenant Improvements have been Substantially Completed in accordance with the Plans and Specifications, the certificate of Landlord's architect or general contractor shall extend through and end be conclusive. If on the last day Commencement Date, Punch List Work for the Tenant Improvements remains to be completed, Landlord and Tenant shall agree on such Punch List Work prior to occupancy by Tenant and Landlord will promptly complete it after the Commencement Date. In no event shall Punch List Work delay or postpone the occurrence of the last month Commencement Date. Changes to the Plans and Specifications shall require the written consent of Landlord and Tenant. Tenant has Landlord's permission to enter the Termpremises to install equipment, furniture, phones and data cable prior to occupancy. If Tenant is permitted access to may enter the Premises prior to the Commencement DateDate to install equipment, furniture, phones and data cabling, provided that, Tenant shall not interfere with the construction of the Tenant Improvements. All terms of this Lease, including Tenant's indemnifications and obligation to maintain insurance, but excluding payment of rent, shall apply to such early entry will be subject to all the terms and provisions of this Lease as though the Commencement Date had occurred, unless otherwise agreed to in writing by Landlord. The Rental Commencement for each Building shall be the fifteenth (15 th) day after the Commencement Date except as provided in the AddendumTenant.