Common use of Commencement and Expiration Clause in Contracts

Commencement and Expiration. The “Term” of this Lease shall be the period of time specified in Paragraph 1.01C, commencing on the Scheduled Commencement Date shown in Paragraph 1.01C or such date as the Premises shall be tendered to Tenant as set forth below, or such earlier date as Tenant takes possession or commences use of the Premises for any purpose, including construction. The Lease shall expire without notice to Tenant on the Expiration Date shown in Paragraph 1.01C, or in the event the Premises are not ready for occupancy on the Scheduled Commencement Date, this Lease shall remain in effect, and the Term shall begin on the first day the Premises are ready for occupancy and run for the full Term of the Lease from that date. If the Lease commences on any day other than the first day of a calendar month, the Term shall be extended by that part of one month necessary to cause the Expiration Date to be on the last day of a calendar month. The dates of commencement (“Commencement Date”) and expiration (“Expiration Date”) of the Term shall be confirmed by Landlord and Tenant by execution of a “Acceptance of Premises Amendment” in the form attached hereto as “Exhibit C”. In the event of Landlord’s inability to deliver possession of the Premises upon the Commencement Date due to Acts of God, force majeure or other matters or occurrences beyond the reasonable control of Landlord (e.g. strike, riot, shortage of labor or materials, delays in governmental approvals, or unseasonable inclement weather), Landlord shall not be liable for any damage caused thereby nor shall this Lease become void or voidable, nor shall the Term be extended, but in such event, Tenant shall not be liable for any rent until such time as Landlord delivers possession; provided, that if delays in delivery of the Premises are due to Tenant’s actions or delays or inaction when required or requested, then Base Rent shall begin to accrue as of the Scheduled Commencement Date. If Landlord permits Tenant to enter into possession of the Premises prior to the Commencement Date, all of the terms and conditions of this Lease shall apply to such prior period. Landlord shall endeavor to notify Tenant at least fourteen (14) days prior to the Scheduled Commencement Date in the event that Landlord believes that it will be unable to deliver possession of the Premises by the Scheduled Commencement Date, regardless of the cause of such delay.

Commencement and Expiration. The “Term” term of this Lease Sublease for the Initial Premises shall be the period of time specified in Paragraph 1.01C, commencing commence on the Scheduled Commencement Date shown in Paragraph 1.01C or such date as (the “Initial Premises shall be tendered to Tenant as set forth below, or such earlier date as Tenant takes possession or commences use of the Premises for any purpose, including construction. The Lease shall expire without notice to Tenant on the Expiration Date shown in Paragraph 1.01C, or in the event the Premises are not ready for occupancy on the Scheduled Commencement Date, this Lease shall remain in effect, and the Term shall begin on the first day the Premises are ready for occupancy and run for the full Term of the Lease from that date. If the Lease commences on any day other than the first day of a calendar month, the Term shall be extended by that part of one month necessary to cause the Expiration Date to be on the last day of a calendar month. The dates of commencement (“Commencement Date”) which is the last to occur of (a) the date nine (9) months after the date of the written consent of Master Landlord to this Sublease (the “Consent Date”), (b) the date that is seven (7) months after the Delivery Date and expiration (c) April 1, 2021. The term of this Sublease for the Expansion Premises (the “Expansion Premises Commencement Date”) shall commence on the date which is the later of twenty-four (24) months following the Initial Premises Commencement Date and the date Sublandlord delivers the Expansion Premises in the required condition; provided, however, that Subtenant shall have the right to accelerate the Expansion Premises Commencement Date to an earlier date upon six (6) months’ prior written notice to Sublandlord (which acceleration notice shall be irrevocable, once given). Until the Expansion Premises Commencement Date, references in this Sublease to Subtenant’s obligations with respect to the “Premises” shall mean only the “Initial Premises”. The term of this Sublease (the “Term”) for the Initial Premises and the Expansion Premises shall commence on their respective commencement dates and continue until December 31, 2027 (the “Expiration Date”) of the Term shall be confirmed by Landlord and Tenant by execution of a “Acceptance of Premises Amendment” in the form attached hereto as “Exhibit C”. In the event of Landlord’s inability to deliver possession of the Premises upon the Commencement Date due to Acts of God, force majeure or other matters or occurrences beyond the reasonable control of Landlord (e.g. strike, riot, shortage of labor or materials, delays in governmental approvals, or unseasonable inclement weather), Landlord unless sooner terminated pursuant to the provisions hereof. Notwithstanding any provision to the contrary contained herein, if for any reason the Consent Date shall not occur, Sublandlord shall not be liable for subject to any damage caused thereby nor liability therefor. Subtenant shall this Lease become void or voidable, nor shall the Term be extended, but in such event, Tenant shall not be liable for any rent until such time as Landlord delivers possession; provided, that if delays in delivery of have access to the Premises are due to Tenant’s actions or delays or inaction when required or requestedtwenty-four (24) hours a day, then Base Rent shall begin to accrue as of the Scheduled Commencement Date. If Landlord permits Tenant to enter into possession of the Premises prior to the Commencement Date, all of the terms and conditions of this Lease shall apply to such prior period. Landlord shall endeavor to notify Tenant at least fourteen three hundred sixty-five (14365) days prior to the Scheduled Commencement Date in the event that Landlord believes that it will be unable to deliver possession of the Premises by the Scheduled Commencement Date, regardless of the cause of such delaya year.

Commencement and Expiration. The “Term” Subject to the terms set forth herein, the term of this Lease shall be the period of time specified in Paragraph 1.01C, commencing Item 9 of the Basic Lease Provisions. The term of this Lease will commence on the Scheduled “Commencement Date shown Date” specified in Paragraph 1.01C or such date as the Premises shall be tendered to Tenant as set forth below, or such earlier date as Tenant takes possession or commences use Item 9 of the Premises for any purposeBasic Lease Provisions and shall expire, including construction. The Lease shall expire without notice to Tenant Tenant, on the “Expiration Date shown Date” specified in Paragraph 1.01CItem 9 of the Basic Lease Provisions, or subject to adjustment and earlier termination as expressly provided in this Lease. Notwithstanding the event foregoing, if the Premises are not ready for occupancy on the Scheduled Commencement Expiration Date, this Lease shall remain in effectas determined herein, and the Term shall begin on the first day the Premises are ready for occupancy and run for the full Term of the Lease from that date. If the Lease commences on any day other than the first day of a calendar month, the Term shall be extended by that part of one month necessary to cause the Expiration Date to be does not occur on the last day of a calendar month, the Lease term and the last Lease Year thereof shall be extended by the number of days necessary to cause the Expiration Date to occur on the last day of the last calendar month of the Lease term. The dates of commencement term “Lease Year” shall mean the twelve (“Commencement Date”12) and expiration (“Expiration Date”) of the Term shall be confirmed by Landlord and Tenant by execution of a “Acceptance of Premises Amendment” in the form attached hereto as “Exhibit C”. In the event of Landlord’s inability to deliver possession of the Premises upon the Commencement Date due to Acts of God, force majeure or other matters or occurrences beyond the reasonable control of Landlord (e.g. strike, riot, shortage of labor or materials, delays in governmental approvals, or unseasonable inclement weather), Landlord shall not be liable for any damage caused thereby nor shall this Lease become void or voidable, nor shall the Term be extended, but in such event, Tenant shall not be liable for any rent until such time as Landlord delivers possession; provided, that if delays in delivery of the Premises are due to Tenant’s actions or delays or inaction when required or requested, then Base Rent shall begin to accrue as of the Scheduled Commencement Date. If Landlord permits Tenant to enter into possession of the Premises prior to month period commencing on the Commencement Date, all and on each anniversary of the terms Commencement Date. The Landlord Work shall be deemed to be “Substantially Complete” on the later of (i) the date that all Landlord Work has been performed, other than any details of construction, mechanical adjustment or any other similar matter, the noncompletion of which does not materially interfere with Tenant’s use of the Premises; and conditions (ii) the date Landlord receives from the appropriate governmental authorities, with respect to the Landlord Work performed by Landlord or its contractors in the Premises, all approvals necessary for the occupancy for the Premises. Landlord’s failure to Substantially Complete the Landlord Work by the Target Commencement Date shall not be a default by Landlord or otherwise render Landlord liable for damages. If Landlord is delayed in the performance of the Landlord Work as a result of the acts or omissions of Tenant, or its trustees, members, principals, beneficiaries, partners, officers, directors, employees, or agents, or their respective contractors or vendors, including, without limitation, changes requested by Tenant to approved plans, Tenant’s failure to comply with any of its obligations under this Lease Lease, or the specification of any materials or equipment with long lead times (a “Tenant Delay”), the Landlord Work shall apply be deemed to such prior periodbe Substantially Complete on the date that Landlord could reasonably have been expected to Substantially Complete the Landlord Work absent any Tenant Delay. Landlord shall endeavor promptly notify Tenant, orally or in writing, of any circumstances of which Landlord is aware (other than Tenant’s failure to notify provide any information or approvals within any applicable time period expressly provided for in this Lease) that have caused or may cause a Tenant at least fourteen (14) days prior Delay, so that Tenant may take whatever action is appropriate to minimize or prevent such Tenant Delay. Landlord shall provide Tenant with updates regarding the Scheduled Commencement Date in the event that Landlord believes that it will be unable to deliver possession status of the Premises by the Scheduled Commencement Date, regardless construction of the cause of such delayLandlord Work during the construction process, which updates may be oral.

Commencement and Expiration. The “Lease Term” or “Term” of this Lease shall be the period of time specified in Paragraph Section 1.01C, commencing as the same may be extended or renewed pursuant to the terms hereof. The Term shall commence on the Scheduled Commencement Date shown in Paragraph 1.01C or such Date. For purposes hereof, the “Delivery Date” shall be the date Landlord delivers exclusive possession of the Initial Premises to Tenant, vacant and broom-clean, free of tenancies and occupants, with the Tenant Improvements (as hereinafter defined) Substantially Complete (as hereinafter defined), with all mechanical and utility systems serving the Premises shall be tendered to Tenant in good working order and condition, free from Hazardous Material (as set forth belowhereinafter defined) and in compliance with Applicable Law (as hereinafter defined) (collectively, the “Delivery Condition”), or such earlier date as that Tenant takes possession or of the Premises and commences use of the Premises for any purposeits regular business operations. Landlord shall deliver the Initial Premises to Tenant in the Delivery Condition within one (1) business day after Landlord Substantially Completes the Tenant Improvements. Landlord shall give Tenant not less than five (5) business days’ prior written notice of the date that the Tenant Improvements shall be Substantially Complete. Notwithstanding anything contained herein to the contrary, including constructionif the Delivery Date does not occur on or before the Scheduled Delivery Date, then Tenant, as its sole remedy, shall be entitled to receive a credit against the Base Rent due under this Lease in the amount of Nine Hundred Forty Three Dollars ($943.00) per day for each day of delay after the Scheduled Delivery Date until the occurrence of the Delivery Date (the “Late Delivery Credit”). The Late Delivery Credit, if applicable, shall be applied against the Base Rent beginning on the Rent Commencement Date and continue from day to day thereafter until Tenant has received the full value of the Late Delivery Credit. The Scheduled Delivery Date shall be extended by the cumulative periods, if any, of Tenant Delays as described in EXHIBIT D and force majeure events (provided that extension due to force majeure events shall not exceed a total of ninety (90) days). The Lease shall expire without notice to Tenant on the Expiration Date shown in Paragraph Section 1.01C, or in as the event same may be extended pursuant to the terms of this Lease. The Initial Premises are not ready for occupancy on the Scheduled Commencement Date, this Lease shall remain in effect, and the Term shall begin on the first day the Premises are ready for occupancy and run for the full Term of the Lease from that date. If the Lease commences on any day other than the first day of a calendar month, the Term Plan Approval Date shall be extended confirmed in a letter agreement prepared by that part of one month necessary to cause Landlord and countersigned by Tenant within five (5) days after the Expiration Date to be on the last day of a calendar monthInitial Premises Plan Approval Date. The dates of commencement (“Commencement Date”) and expiration (“Expiration Date”) of the Term Delivery Date shall be confirmed by Landlord and Tenant by execution of a an “Acceptance of Premises Amendment” substantially in the form attached hereto as “Exhibit C”EXHIBIT C as further defined in Section 2.02 and executed by Landlord and Tenant within ten (10) days after the Delivery Date. In If the event of Landlord’s inability to deliver possession Delivery Date does not occur on or before the Scheduled Delivery Date, except for the Late Delivery Credit and extension of the Premises upon the Rent Commencement Date due to Acts of God, force majeure or other matters or occurrences beyond the reasonable control of resulting from Landlord Delays (e.g. strike, riot, shortage of labor or materials, delays in governmental approvals, or unseasonable inclement weatherif applicable), Landlord shall not be liable for any damage caused thereby nor shall this Lease become void or voidable, nor shall the Term be extended, but in such event, Tenant shall not be liable for any rent until such time as Landlord delivers possession; provided, that if delays in delivery of the Premises are due to Tenant’s actions or delays or inaction when required or requested, then Base Rent shall begin to accrue as of the Scheduled Commencement Date. If Landlord permits Tenant to enter into possession of the Premises prior to the Commencement Delivery Date, all of the terms and conditions of this Lease (other than the obligation to pay Rent shall apply to such prior period. Landlord Tenant shall endeavor have the right to notify Tenant at least fourteen enter the Premises twenty-one (1421) days prior to the Scheduled Commencement Delivery Date (the “Early Access Period”) for the purpose of installing Tenant’s computer and telephone cabling and installing fixtures, furniture, and equipment, provided that (a) such entry will not delay or hamper the completion of the Tenant Improvements, (b) Tenant and its vendors and contractors have obtained all governmentally required permits separate from any permits obtained by Landlord as to work to be performed by Landlord, if any, (c) Landlord may reasonably restrict Tenant’s or its contractors’ early access to the Premises if such access unreasonably interferes with, hampers, or prevents completion of the Tenant Improvements at the earliest possible date, (d) Tenant’s access to the Premises shall be subject to all of the terms and provisions of the Lease, except as to the payment of Rent, (e) any entry by Tenant in the event that Premises prior to the Delivery Date shall be at Tenant’s sole risk and subject to Tenant coordination with Landlord’s project or property manager, (f) all work by Tenant’s contractors is subject to the reasonable administrative supervision of Landlord believes that it will be unable and its contractor, but at no additional cost to deliver possession Tenant, and (g) Tenant has delivered all required certificates of insurance to Landlord. Landlord assumes no responsibility or liability for injury to persons or damage to property caused by the Tenant’s access to the Premises during the Early Access Period. Tenant shall adopt a schedule for its work in conformance with Landlord’s schedule for the Tenant Improvements and shall conduct its work in such a manner as to maintain harmonious labor relations. All delays to the Tenant Improvements caused solely by the Scheduled Commencement Date, regardless of the cause of such delayTenant’s early access shall be deemed a Tenant Delay.

Commencement and Expiration. (a) The Benefit Term shall commence with the Effective Date and shall expire on either (i) December 31, 2020 or, (ii) if the Issuance Date occurs on or before the sixth (6th) anniversary of the Effective Date, December 31st of the thirtieth (30th) year following the year of the Issuance Date (as the case may be, the “TermExpiration Date”). That portion of the Benefit Term from and including the Effective Date to, but not including, the Issuance Date shall be hereinafter referred to as the “Construction and Stabilization Period” and that portion of the Benefit Term from the Issuance Date to and including the Expiration Date shall be hereinafter referred to as the “Issuance Benefit Period”. (b) (i) Upon (A) the Expiration Date, or (B) a termination of this Agreement in its entirety by the Agency pursuant to Section 5.2(a) of this Agreement, or by the Company, this Agreement and the Lease Agreement shall automatically terminate, the Project and the Facility shall automatically be the period of time specified in Paragraph 1.01C, commencing placed on the Scheduled Commencement taxable rolls, and all taxes due and payable to the Affected Taxing Jurisdictions from and after the Expiration Date shown in Paragraph 1.01C or such date as the Premises shall be tendered to Tenant as set forth below, or such earlier date as Tenant takes possession or commences use of termination shall be due and payable by the Company; and (ii) Upon termination of this Agreement by the Company with respect to a portion of the Premises for any purpose, including construction. The Lease shall expire without notice PILOT Lands prior to Tenant on the Expiration Date shown or pursuant to Section 1.4 hereof, with respect to the PILOT Lands covered by such termination, this Agreement and the Lease Agreement shall automatically terminate, and subject to the Company’s rights to enter into a new lease agreement and a New PILOT Agreement (hereafter defined) pursuant to Section 1.4 hereof, that portion of the Project and the Facility shall automatically be placed on the taxable rolls, and all taxes due and payable to the Affected Taxing Jurisdictions from and after such termination date with respect to such lands shall be due and payable by the Company. (c) On the Effective Date the Company shall make a nonrefundable deposit payment to the Town in Paragraph 1.01Cthe amount of $250,000 (the “Effective Date Town PILOT Payment”) to be applied towards (i) the fees and charges to be imposed by the Town in connection with the issuance of any required permits, approvals, consents, certifications and other authorizations for the Facility, or in the event the Premises are not ready for occupancy on the Scheduled Commencement Date, this Lease shall remain in effectany portion thereof, and the Term shall begin on development and execution of this Agreement and (ii) third party costs incurred by the first day Town in connection with the Premises are ready for occupancy review of plans and run the inspection and monitoring of demolition and construction activity for the full Term Facility or any portion thereof (collectively, “PILOT and Project Review and Approval Costs” or “PPRA Costs”). Upon each application of all or a portion of the Lease from that dateEffective Date Town PILOT Payment by the Town towards PPRA Costs the Town shall deliver to the Company copies of the paid invoices and/or receipts for PPRA Costs indicating how much of the Effective Date Town PILOT Payment was used for the payment of such PPRA Costs. If To the Lease commences on any day other than extent PPRA Costs exceed the first day amount of a calendar monththe Effective Date Town PILOT Payment, the Term Company shall be extended by that part of one month necessary pay such excess within thirty (30) days following its receipt, from time to cause the Expiration Date to be on the last day of a calendar month. The dates of commencement (“Commencement Date”) and expiration (“Expiration Date”) time, of the Term shall be confirmed by Landlord and Tenant by execution of a “Acceptance of Premises Amendment” in Town's invoices for the form attached hereto as “Exhibit C”same. In the event of Landlord’s inability to deliver possession that the PPRA Costs are less than the amount of the Premises upon Effective Date Town PILOT Payment, the Commencement Date due Town shall nevertheless be entitled to Acts of God, force majeure or other matters or occurrences beyond retain the reasonable control of Landlord (e.g. strike, riot, shortage of labor or materials, delays in governmental approvals, or unseasonable inclement weather), Landlord remaining balance and the Company shall not be liable entitled to a refund of any portion of the Effective Date Town PILOT Payment. (d) On the Effective Date the Company shall pay to the School District, for any damage caused thereby nor the sole benefit of the School District, a nonrefundable payment of $100,000 (the “Effective Date School District PILOT Payment”) to compensate the School District for the expenses associated with the development and negotiation of this Agreement. The Company shall this Lease become void be entitled to a credit against the Effective Date School District PILOT Payment in an amount of $50,000 previously paid. (e) The Company shall pay to the Agency $25,000 each year during the Benefit Term as an additional PILOT Payment. Such payment shall be made on or voidablebefore January 31 of each year. Such amounts shall be used by the Agency to cover administrative expenses, nor shall including the Term be extendedexpense of hiring outside consultants to monitor Project costs and to verify capital investments, but in such eventjob creation, Tenant and similar milestone requirements. Such amounts shall not be liable for any rent until such time as Landlord delivers possession; provided, that if delays in delivery of the Premises are due to Tenant’s actions or delays or inaction when required or requested, then Base Rent shall begin to accrue as of the Scheduled Commencement Date. If Landlord permits Tenant to enter into possession of the Premises prior distributed to the Commencement Date, all of the terms and conditions of this Lease shall apply to such prior period. Landlord shall endeavor to notify Tenant at least fourteen (14) days prior to the Scheduled Commencement Date in the event that Landlord believes that it will be unable to deliver possession of the Premises by the Scheduled Commencement Date, regardless of the cause of such delayAffected Tax Jurisdictions.