Common use of Commencement of Term Clause in Contracts

Commencement of Term. (a) The Premises shall be deemed substantially completed upon the issuance of a certificate of substantial completion by Landlord's architect or a certificate of occupancy by the local building authority, notwithstanding that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed. If the substantial completion of the Premises by Landlord is delayed in any way by Tenant or Tenant's Representatives, the Premises shall be deemed substantially completed for purposes of this Section on the date when they would have been substantially completed but for such delay. (b) Tenant's taking possession of the Premises shall be conclusive evidence that the Premises were in good order, condition and repair when Tenant took possession, except for those matters (for which Landlord is responsible as provided in this Lease) of which Tenant gives Landlord notice within 10 days after taking possession. Landlord shall complete or repair such matters as soon as reasonably possible. (c) If Landlord is unable to deliver possession of the Premises to Tenant within 180 days after the Expected Commencement Date (the Outside Commencement Date), then Tenant, as its sole remedy, may terminate this Lease by notice to Landlord given within 10 days after the Outside Commencement Date. The Outside Commencement Date shall be extended by the period of any delay described in Section 1(a). Landlord shall not be liable to Tenant or any third party for its failure to deliver possession of the Premises to Tenant. If the Commencement Date does not occur within one year after the Expected Commencement Date, this Lease shall terminate and Landlord and Tenant shall have no further obligations to the other, except as may otherwise be provided in this Lease. (d) After the Commencement Date has been determined, Landlord and Tenant shall execute a supplemental agreement specifying the Commencement Date, Termination Date and such other information as Landlord shall reasonably require.

Commencement of Term. (A) Landlord agrees that, Landlord's expense, prior to Commencement Date, it will construct and improve the Demised Premises substantially in accordance with the plans and specifications attached hereto as Exhibit A (hereinafter "Landlords Work"). Landlord shall have no obligations to perform any other work in the Demised Premises, and Tenant specifically agrees that it will accept the Demised Premises in "AS IS" condition, as modified by the performance of Landlord's Work. (B) Lease Commencement shall occur upon the earliest of (a) The Premises shall be deemed when Landlord has substantially completed all the work to be done by Landlord in accordance with Exhibit A, subject to "punchlist" items which do not materially interfere with Tenant's use and enjoyment of the Demised Premises, and Landlord has delivered to Tenant a temporary or final Certificate of Occupancy, or (b) upon occupancy of the issuance Demised Premises by Tenant (hereinafter "Date of a certificate of substantial completion by Completion"). Tenant will execute the Commencement Date Certificate attached hereto as Exhibit B, within 15 days after Landlord's architect or a certificate request for the purpose of occupancy by establishing the local building authority, notwithstanding that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed. If the substantial completion Commencement Date of the Premises by Landlord is delayed in any way by Tenant or Tenant's Representatives, the Premises shall be deemed substantially completed for purposes of this Section on the date when they would have been substantially completed but for such delayLease. (bC) Landlord's Work shall be completed in a timely manner from the date Landlord obtains a building permit, provided, however, that said time of completion shall be extended by and delay occasioned by scarcity of materials, installation of improvements requested by Tenant's taking possession , approval of plans by Tenant, strikes, labor disputes, weather conditions which inhibit construction, fire or other casualties, governmental restrictions and regulations, delays in transportation and any other construction delays beyond the reasonable control of the Premises shall be conclusive evidence that Landlord. In the Premises were in good order, condition and repair when Tenant took possession, except event the time for those matters (for which Landlord completion of Landlord's Work is responsible as provided in this Lease) extended by reason of which Tenant gives Landlord notice within 10 days after taking possession. Landlord shall complete or repair such matters as soon as reasonably possible. (c) If Landlord is unable to deliver possession any of the Premises to Tenant within 180 days after the Expected Commencement Date (the Outside Commencement Date)foregoing, then Tenant, as its sole remedy, may terminate this Lease by notice to Landlord given within 10 days after the Outside Commencement Date. The Outside Commencement Date shall time for completion will be extended by the period of delay caused by any delay described of the foregoing. If Landlord shall be unable to give possession because a Certificate of Occupancy or any other required certificate, permit or variance has not been procured, or because of the holding over or retention of possession of any tenant or occupant, or because construction, repairs, improvements or decorations of the Demised Premises or Building required to be performed by Landlord are not completed in Section 1(a). the manner set forth in this Lease or for any other reason, Landlord shall not be liable subject to Tenant or any third party liability for its the failure to deliver give possession. No such failure to give possession shall in any other respect affect the validity of the Premises to Tenant. If the Commencement Date does not occur within one year after the Expected Commencement Date, this Lease shall terminate and Landlord and or the obligations of Tenant shall have no further obligations to the other, except as may otherwise be provided in this Leasehereunder. (d) After the Commencement Date has been determined, Landlord and Tenant shall execute a supplemental agreement specifying the Commencement Date, Termination Date and such other information as Landlord shall reasonably require.

Commencement of Term. Section 2.01. Except as provided in Section 2.02 hereof, Tenant acknowledges that it has examined the Demised Premises and is taking same "as is" as of the Commencement Date. Tenant acknowledges that Landlord is not required to do any work with respect thereto, except as set forth in Schedule B. Section 2.02. The Term of this Lease and the payment of rent shall commence on the date that the Demised Premises shall be Substantially Completed, as defined in Schedule B (aherein the "Commencement Date"). Promptly after the Commencement Date, Landlord and Tenant agree to execute an agreement ("Commencement Date Agreement") in form and substance satisfactory to Landlord setting forth, among other things, the Commencement Date and the Expiration Date of this Lease. The taking of possession by Tenant of the Demised Premises shall be deemed substantially completed upon the issuance an acceptance of a certificate same by Tenant and shall be conclusively deemed Substantial Completion (as defined in Schedule B) of substantial completion by Landlord's architect or Work. Such taking of possession shall also be conclusive evidence, as against Tenant, that the Demised Premises and the Building of which the same form a certificate part were in good and satisfactory condition at the time of such occupancy by (except for so-called "punchlist" items and latent defects, if any) and that the local building authorityDemised Premises were substantially as shown on Schedule A. Landlord shall, notwithstanding that minor or insubstantial details however, thereafter complete any "punchlist" items required for completion of construction, mechanical adjustment or decoration remain to be performedLandlord's Work. Section 2.03. If the substantial completion Landlord shall be unable to give possession of the Demised Premises by Landlord is delayed in any way by Tenant or Tenant's Representatives, the Premises shall be deemed substantially completed for purposes of this Section on the date when they would have been anticipated for the commencement of the Term hereof for any reason whatsoever, Landlord shall not be subject to any liability, nor shall the validity of this Lease nor the obligations of Tenant hereunder be thereby affected. Landlord shall use diligent efforts to substantially completed but for such delay. (b) Tenant's taking complete the work necessary to deliver possession of the Demised Premises promptly, subject to any delays beyond the reasonable control of Landlord. In the event that Landlord shall be conclusive evidence that unable to give possession of the Demised Premises were in good orderon or prior to August 1, condition and repair when 1997 (the" Outside Completion Date") (subject to extension by reason of force majeure [set forth immediately below]), Tenant took possession, except for those matters shall be entitled to a credit against the first installments of Fixed Rent due hereunder (for which Landlord is responsible after taking into account any abatement of Fixed Rent as provided in this Lease) Article 39 hereof), in the amount of which Tenant gives Landlord notice within 10 days after taking possession. $395.52 per day for each day beyond the Outside Completion Date that Landlord shall complete or repair such matters as soon as reasonably possible. (c) If Landlord is remain unable to deliver possession of the Premises to Tenant within 180 days after the Expected Commencement Date (the Outside Commencement Date)Demised Premises. Any delay in Landlord's substantial completion of Landlord's Work caused by labor trouble, then Tenantgovernmental controls, as its sole remedyact of God, may terminate this Lease by notice to Landlord given within 10 days after the Outside Commencement Date. The Outside Commencement Date shall be extended by the period of any delay described in Section 1(a). Landlord shall not be liable to Tenant or any third party other cause beyond Landlord's reasonable control shall extend such time period for its failure Landlord to deliver substantially complete Landlord's Work and give possession of the Demised Premises to Tenant. Without limiting the foregoing, the parties hereto expressly negate the provisions of Section 223-a of the Real Property Law and agree that such Section shall be inapplicable hereto. Tenant agrees that the provisions of this Article are intended to constitute "an express provision to the contrary" within the meaning of Section 223-a. If by reason of such delay, the Commencement Date does not occur within one year after the Expected Commencement Date, Term of this Lease shall terminate and Landlord and Tenant commence subsequent to such anticipated date, the Term of this Lease shall have no further obligations to be deemed extended for the other, except as may otherwise be provided in this Leasesame period. (d) After the Commencement Date has been determined, Landlord and Tenant shall execute a supplemental agreement specifying the Commencement Date, Termination Date and such other information as Landlord shall reasonably require.

Commencement of Term. Section 2.01. Tenant acknowledges that it has examined the Demised Premises and is taking same "as is" as of the Commencement Date. Tenant acknowledges that Landlord is not required to do any work with respect thereto. Section 2.02. The Term of this Lease and the payment of rent shall commence on November 1, 1997 (a) herein the "Commencement Date"). The taking of possession by Tenant of the Demised Premises shall be deemed an acceptance of same by Tenant and shall also be conclusive evidence, as against Tenant, that the Demised Premises and the Building of which the same form a part were in good and satisfactory condition at the time of such occupancy and that the Demised Premises were substantially completed upon the issuance of a certificate of substantial completion by Landlord's architect or a certificate of occupancy by the local building authority, notwithstanding that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performedas shown on Schedule A. Section 2.03. If the substantial completion Landlord shall be unable to give possession of the Demised Premises by Landlord is delayed in any way by Tenant or Tenant's Representatives, the Premises shall be deemed substantially completed for purposes of this Section on the date when they would have been substantially completed but anticipated for such delay. (b) Tenant's taking possession the commencement of the Premises Term hereof for any reason whatsoever, Landlord shall not be conclusive evidence that subject to any liability, nor shall the Premises were in good order, condition and repair when validity of this Lease nor the obligations of Tenant took possession, except for those matters (for which Landlord is responsible as provided in this Lease) of which Tenant gives Landlord notice within 10 days after taking possessionhereunder be thereby affected. Landlord shall complete or repair such matters as soon as reasonably possible. (c) If Landlord is unable use diligent efforts to deliver possession of the Demised Premises promptly, subject to Tenant within 180 days after any delays beyond the Expected Commencement Date reasonable control of Landlord. In the event that Landlord shall be unable to give possession of the Demised Premises on or prior to the date (the "Outside Commencement Delivery Date") which is two (2) months from the date hereof (subject to extension for a period of one (1) months in the aggregate by reason of force majeure [set forth immediately below]), then Tenant, as its sole remedy, Tenant may cancel and terminate this Lease by giving notice thereof to Landlord given within 10 days after on or prior to the Outside Commencement Delivery Date, in which event this Lease shall terminate upon the giving of such notice, and the parties hereto shall have no further liabilities or obligations to each other hereunder. The Outside Commencement Date shall be extended by the period of any Any delay described in Section 1(a). Landlord shall not be liable to Tenant or any third party for its failure to deliver Landlord's obtaining vacant possession of the Demised Premises caused by labor trouble, governmental controls, act of God, or any other cause beyond Landlord's reasonable control shall extend such time period for Landlord to give possession of the Demised Premises to Tenant. Without limiting the foregoing, the parties hereto expressly negate the provisions of Section 223-a of the Real Property Law and agree that such Section shall be inapplicable hereto. Tenant agrees that the provisions of this Article are intended to constitute "an express provision to the contrary" within the meaning of Section 223-a. If by reason of such delay, the Commencement Date does not occur within one year after the Expected Commencement Date, Term of this Lease shall terminate and Landlord and Tenant commence subsequent to such anticipated date, the Term of this Lease shall have no further obligations to be deemed extended for the other, except as may otherwise be provided in this Leasesame period. (d) After the Commencement Date has been determined, Landlord and Tenant shall execute a supplemental agreement specifying the Commencement Date, Termination Date and such other information as Landlord shall reasonably require.

Commencement of Term. (a) The Premises "Commencement Date" of the Term shall be the earlier of (i) the date on which the demised premises are substantially ready for occupancy (as defined below), or (ii) the date Tenant or anyone claiming under or through Tenant first occupies the demised premises for the conduct of its business. (b) The "Expiration Date" of the Term shall be the last day of the month in which the tenth anniversary of the Commencement Date occurs or such later date as shall be specified by Landlord pursuant to Section 2.06 below. 2.02. The demised premises shall be completed and prepared for Tenant's occupancy as provided in Schedule C annexed hereto. The facilities, materials and work so to be furnished, installed and performed in the demised premises by Landlord at its expense are hereinafter and in Schedule C referred to as the "Building Standard Work." All other installations, materials and work which may be undertaken by Landlord for the account of Tenant to prepare, equip, decorate and furnish the demised premises for Tenant's occupancy shall be at Tenant's expense and are hereinafter and in Schedule C called "Tenant's Extra Work". Building Standard Work and Tenant's Extra Work are herein and in Schedule C collectively called "Landlord's Work." Any installations, materials and work undertaken by Tenant (in the circumstances herein permitted) to prepare, equip, decorate and furnish the demised premises for Tenant's occupancy shall be at Tenant's expense and are hereinafter and in Schedule C called "Tenant's Special Work". 2.03. The demised premises shall be deemed substantially ready for occupancy when the Building Standard Work (or so much thereof as Tenant shall require) shall have been substantially completed upon the issuance and a Certificate of a certificate of substantial completion by Landlord's architect Occupancy (temporary or a certificate of occupancy final) shall have been issued by the local building authority, Department of Buildings of the City of New York permitting use of the demised premises for the purposes permitted by Article 5 hereof. The Building Standard Work (or so much thereof as Tenant shall require) shall be deemed to have been substantially completed notwithstanding that (i) minor or insubstantial details of construction, decoration or mechanical adjustment or decoration remain to be performed. If , provided the substantial completion of the Premises by Landlord is delayed in any way by Tenant demised premises are accessible and reasonably useable and (ii) portions thereof are incomplete which under good construction scheduling practice should be done after still incomplete Tenant's Extra Work or Tenant's RepresentativesSpecial Work. Landlord shall diligently complete all such portions of Building Standard Work as soon as reasonably practicable. 2.04. Notwithstanding anything to the contrary contained in this Lease, the Premises Commencement Date shall be deemed substantially completed for purposes of this Section to have occurred on the date when they the demised premises would have been been, in Landlord good faith judgment, substantially completed but ready for such delay. occupancy except for (bi) Tenant's taking possession delay in complying with, or failure to comply with, the provisions of Schedule C hereof or (ii) any Tenant's Delay as defined in Schedule C hereof including, without limitation, any request by Tenant for Tenant's Extra Work, even though no Certificate of Occupancy (temporary or final) has been issued or the Building Standard Work being done for Tenant has not been commenced or completed. 2.05. Landlord shall, in accordance with the foregoing, fix the Commencement Date and shall notify Tenant of the Premises date so fixed. When the Commencement Date has so been determined, the parties shall be conclusive evidence that within fifteen (15) days thereafter, at Landlord's request, execute a written agreement confirming such date as the Premises were in good order, condition Commencement Date. Any failure of the parties to execute such written agreement shall not affect the validity of the Commencement Date as fixed and repair when Tenant took possession, except for those matters (for which determined by Landlord is responsible as provided aforesaid. 2.06. Notwithstanding anything contained to the contrary in this Lease, Landlord at its option, upon written notice from Landlord to Tenant given within nine (9) months after the Commencement Date is fixed, may extend the Term as follows: (i) to a date occurring no later than one year beyond the date the Term would have expired absent the right to extend the Term pursuant to this Section 2.06 and/or (ii) in the event of which Tenant gives Landlord notice within 10 any Tenant's Delay for the number of days after taking possession. Landlord shall complete or repair such matters as soon as reasonably possibleequal to the number of days of Tenant's Delay. (c) If Landlord is unable 2.07. Notwithstanding anything to deliver possession of the Premises to Tenant within 180 days after the Expected Commencement Date (the Outside Commencement Date)contrary in this Lease, then Tenant, as its sole remedy, may terminate this Lease by notice to Landlord given within 10 days after the Outside Commencement Date. The Outside Commencement Date shall be extended by the period of any delay described in Section 1(a). Landlord shall not be liable entitled to collect nor shall Tenant or any third party be required to pay fixed annual rent for its failure to deliver possession of the Premises to Tenant. If period commencing on the Commencement Date does not occur within one year after and continuing for 59 days thereafter. All of the Expected Commencement Dateother terms, provisions and conditions contained in this Lease shall terminate apply with full force and Landlord and Tenant shall have no further obligations to the other, except as may otherwise be provided in this Leaseeffect during said two-month period. (d) After the Commencement Date has been determined, Landlord and Tenant shall execute a supplemental agreement specifying the Commencement Date, Termination Date and such other information as Landlord shall reasonably require.

Commencement of Term. (a) The Premises Commencement Date set forth in Article 1 shall be deemed delayed and Rent shall be abated to the extent that Landlord fails: (i) to substantially completed upon complete any improvements to the issuance of a certificate of substantial completion by Landlord's architect or a certificate of occupancy by the local building authority, notwithstanding that minor or insubstantial details of construction, mechanical adjustment or decoration remain Premises required to be performed. If the substantial completion of the Premises performed by Landlord is delayed in under any way separate agreement signed by Tenant both parties, or Tenant's Representatives, the Premises shall be deemed substantially completed for purposes of this Section on the date when they would have been substantially completed but for such delay. (bii) Tenant's taking possession of the Premises shall be conclusive evidence that the Premises were in good order, condition and repair when Tenant took possession, except for those matters (for which Landlord is responsible as provided in this Lease) of which Tenant gives Landlord notice within 10 days after taking possession. Landlord shall complete or repair such matters as soon as reasonably possible. (c) If Landlord is unable to deliver possession of the Premises for any other reason, including but not limited to Tenant within 180 days after holding over by prior occupants, except to the Expected Commencement Date (the Outside Commencement Date), then extent that Tenant, as its sole remedycontractors, may agents or employees in any way contribute to either such failures. If Landlord so fails for a thirty (30) day initial grace period, Tenant shall have the right to terminate this Lease by written notice to Landlord given within 10 days after any time thereafter up until Landlord substantially completes any such improvements and delivers the Outside Commencement DatePremises to Tenant. The Outside Any such delay in the Commencement Date shall not subject Landlord to liability for loss or damage resulting therefrom, and Tenant's sole recourse with respect thereto shall be extended by the period abatement of Rent and right to terminate this Lease described above. Upon any delay described in Section 1(a). such termination, Landlord and Tenant shall not be liable to Tenant or entirely relieved of their obligations hereunder, and any third party for its failure to deliver possession of the Premises Security Deposit and Rent payments shall be returned to Tenant. If the Commencement Date does is delayed, the Expiration Date shall not occur within one year after be similarly extended, unless Landlord shall so elect (in which case, the Expected Commencement Date, this Lease parties shall terminate and Landlord and confirm the same in writing). During any period that Tenant shall have no further obligations be permitted to enter the other, except as may otherwise be provided in this Lease. (d) After Premises prior to the Commencement Date other than to occupy the same (e.g., to perform alterations or improvements), Tenant shall comply with all terms and provisions of this Lease, except those provisions requiring the payment of Rent. Tenant shall be permitted to enter the Premises during the period of Landlord's construction after Landlord has given Tenant notice that Landlord's Work has been determined, Landlord substantially completed or completed to the point at which Tenant's occupancy will not affect the completion of Landlord's Work and notwithstanding the fact that Tenant shall execute so enters the Premises or a supplemental agreement specifying portion thereof prior to the Commencement DateDate for the purpose of occupying the same, Termination Rent shall not commence on such date. In the event Landlord's notice is given to Tenant after January 1, 1997, the Commencement Date shall be delayed and the Expiration Date shall be extended by the number of days between January 1, 1997 and the date on which such other information as Landlord shall reasonably requirenotice is given to Tenant.

Commencement of Term. (a) The Premises shall be deemed substantially completed upon the issuance of a certificate of substantial completion by Landlord's architect or a certificate of occupancy by the local building authority, notwithstanding that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed. If the substantial completion of the Premises by Landlord is delayed in any way by Tenant or Tenant's Representatives, the Premises shall be deemed substantially completed for purposes of this Section on the date when they would have been substantially completed but for such delay. (b) Tenant's taking possession of the Premises shall be conclusive evidence that the Premises were in good order, condition and repair when Tenant took possession, except for those matters (for which Landlord is responsible as provided in this Lease) of which Tenant gives Landlord notice within 10 days after taking possession. Landlord shall complete or repair such matters as soon as reasonably possible. (c) If Landlord is unable to deliver possession of the Premises to Tenant within 180 days after the Expected Commencement Date (the Outside Commencement Date), then Tenant, as its sole remedy, may terminate this Lease by notice to Landlord given within 10 days after the Outside Commencement Date. The Outside Commencement Date shall be extended by the period of any delay described in Section 1(a). Landlord shall not be liable to Tenant or any third party for its failure to deliver possession of the Premises to Tenant. If the Commencement Date does not occur within one year after the Expected Commencement Dateby January 15, this Lease shall terminate and Landlord and 2000, Tenant shall have no further obligations the right to terminate this Lease by written notice to Landlord any time thereafter up until the other, except as may otherwise be provided in this Lease. (d) After date on which the Commencement Date has been determinedoccurs. Upon any such termination, Landlord and Tenant shall execute a supplemental agreement specifying be entirely relieved of their obligations hereunder, and any Security Deposit and Rent payments shall be returned to Tenant. Any delay in the Commencement DateDate shall not subject Landlord to liability for loss or damage resulting therefrom, Termination and Tenant's sole recourse with respect thereto shall be the right to terminate this Lease described above. Landlord and Tenant shall enter into a supplement to this Lease setting forth the Commencement Date promptly after delivery to Tenant of the Premises with the Landlord's Work substantially completed. So long as Tenant, its architects, engineers, designers and contractors do not interfere with substantial completion of Landlord's Work, such other information persons shall be permitted access to the Premises prior to the Commencement Date for the purpose of designing, planning and constructing Tenant's Work. If Tenant shall be permitted to enter the Premises prior to the Commencement Date for the purpose of occupying the same or commencing Tenant's Work under the Workletter attached hereto as Landlord Exhibit C, Tenant shall reasonably requirecomply with all terms and provisions of this Lease, except those provisions requiring the payment of Rent. For purposes of this Article 5, Landlord's Work shall be substantially complete when Landlord's Work has been completed except for such incomplete items as would not materially interfere with the Commencement and substantial completion of Tenant's Work under the Workletter.

Commencement of Term. (a) Section 2.01. The Premises shall be deemed substantially completed upon the issuance of a certificate of substantial completion by Landlord's architect or a certificate of occupancy by the local building authority, notwithstanding that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed. If the substantial completion of the Premises by Landlord is delayed in any way by Tenant or Tenant's Representatives, the Premises shall be deemed substantially completed for purposes term of this Section Lease and the payment of minimum rent hereunder shall commence on the date when they would have been substantially completed but for such delay. (b) Tenant's taking possession of the Premises shall be conclusive evidence that the Premises were in good orderCommencement Date, condition and repair when Tenant took possession, except for those matters (for which Landlord is responsible as provided in this Lease) of which Tenant gives Landlord notice within 10 days after taking possession. Landlord shall complete or repair such matters as soon as reasonably possible. (c) If Landlord is unable to deliver possession of the Demised Premises on the Commencement Date, vacant in broom clean condition. Landlord shall have no obligation to perform any work in connection with preparing the Demised Premises for Tenant's occupancy. Notwithstanding the foregoing, If Landlord cannot deliver possession of the Demised Premises to Tenant within 180 days after on the Expected Commencement Date (because of the Outside Commencement Date)holding over of any tenant or occupant of the Demised Premises, then Tenant, as its sole remedy, may terminate this Lease by notice shall not be void or voidable, nor shall Landlord be liable to Landlord given within 10 days after Tenant for any loss or damage resulting therefrom. In that event, however, the Outside Commencement Date. The Outside Commencement Date shall be extended by the period of any delay described in Section 1(a). date when Landlord shall not be liable to Tenant or any third party for its failure to deliver delivers possession of the Demised Premises to Tenant. If Tenant and the Commencement Expiration Date does not occur within shall be five (5) years and one year (1) month after the Expected Commencement Date, this Lease shall terminate and Landlord and Tenant shall have no further obligations to the other, except as may otherwise be provided in this Lease. (d) After the Commencement Date has been determined, Landlord and Tenant shall execute a supplemental agreement specifying the Commencement Date, Termination Date and plus the number of days required, if any, to have such other information as term expire on the last day of the calendar month in which such date occurs. Notwithstanding the foregoing, if Landlord fails to deliver the Demised Premises to Tenant in the condition required in this Section 2.01 by May 31, 2001, then Tenant shall be entitled to an additional abatement of the minimum rent in the amount of $456.39 for each one (1) business day thereafter until the Demised Premises have been delivered to Tenant. Section 2.02. If, prior to the Commencement Date, Tenant, subject to Landlord's consent, shall enter the Demised Premises to make any installations, Landlord shall reasonably requirehave no liability or obligation for the care or preservation of tenant's property. Section 2.03. Tenant has fully inspected the Demised Premises, is familiar with the condition thereof and agrees to accept possession of the same on the Commencement Date in their then "As Is" condition, except as otherwise provided herein.

Commencement of Term. (a) The Premises term of the Lease shall be deemed substantially completed upon the issuance of a certificate of substantial completion by Landlord's architect or a certificate of occupancy by the local building authority, notwithstanding that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed. If the substantial completion as shown in Item 6 of the Premises by Landlord is delayed in any way by Tenant or Tenant's RepresentativesBasic Lease Provisions, the Premises shall be deemed substantially completed for purposes of this Section commencing on the Lease or such later date when they would have been substantially completed but for such delayas may be herein provided, unless sooner terminated pursuant to any provision hereof. (b) Tenant's taking Notwithstanding the foregoing, the term of this Lease shall commence upon delivery of the possession of the Premises, and the date thereof shall constitute the date of commencement of the term of this Lease. Delivery of possession of the Premises shall be conclusive evidence that the Premises were in good order, condition and repair when Tenant took possession, except for those matters (for which Landlord is responsible as provided in this Lease) occur upon written tender of which Tenant gives Landlord notice within 10 days after taking possession. Landlord shall complete or repair such matters as soon as reasonably possiblesame by Lessor. (c) If Landlord is unable delivery of possession occurs prior to deliver possession of the Premises to Tenant within 180 days after the Expected Commencement Date (the Outside Lease Commencement Date), then Tenant, as its sole remedy, may terminate the term of this Lease by notice to Landlord given within 10 days after and all obligations of this Lease, shall commence on such date of delivery of possession but the Outside Commencement Date. The Outside Commencement Date shall be extended by the period date of any delay described in Section 1(a). Landlord termination shall not be liable to Tenant or advanced. Occupancy by Lessee for any third party for its failure to deliver possession of purpose shall constitute an acknowledgement that the Building and Premises to Tenant. If the Commencement Date does not occur within one year after the Expected Commencement Date, this Lease shall terminate have been satisfactorily completed and Landlord and Tenant Lessor shall have no further obligations responsibility with respect to construction except as herein expressly set forth. Lessee's execution and delivery to Lessor prior to its occupancy of the Premises of a "Certificate of Lessee's Acceptance of Occupancy" letter shall be deemed to be conclusive as to the other, except as may otherwise be provided in commencement of the term and Lessee's obligations under this Lease. See item 17.2, sixty day punch list. (d) After The actual date of commencement (the "Commencement Date") shall be confirmed by the parties by initialling the lower portion of the Basic Lease Provisions, after insertion of the Commencement Date has been determinedand expiration date of the Lease, Landlord and Tenant shall execute a supplemental agreement specifying promptly following such commencement, but failure of Lessee to acknowledge the Commencement Date, Termination Date and such other information as Landlord established pursuant to this Article shall reasonably requirenot affect any obligation of Lessee hereunder or Lessor's determination of the Commencement Date pursuant to this Article 2.

Commencement of Term. 3.01 The term of this Lease shall commence on whichever of the following dates shall first occur (the "commencement date"): (a) the date when the demised premises are substantially ready for occupancy, (b) the date when the demised premises are substantially ready for occupancy less the total number of days' delay, if any, by Tenant in complying with any of the provisions of Article 33 of this Lease or (c) the date when Tenant shall take possession and occupy the demised premises or any portion thereof, for its business purposes. 3.02 The Premises demised premises shall be deemed substantially completed upon ready for Tenant's occupancy when the issuance demised premises are substantially complete except for minor details which would not materially interfere with Tenant's ability to conduct its business and minor "punchlist" items. Landlord agrees to promptly complete any such remaining work. Landlord agrees that it will use all reasonable diligence to make the demised premises substantially ready for occupancy within ninety (90) days after the date Tenant has provided Landlord with all of the information set forth in items A through Q of Subdivision I of the attached Work Letter. Landlord will seek to provide Tenant with an opportunity to move its furniture and other personal property into the demised premises, prior to the commencement date, provided that such early entry does not interfere in any way with any of Landlord's work in and to the demised premises, in accordance with Article 33 of this Lease and the attached Work Letter. The term shall be deemed to have commenced on the date when the demised premises reasonably would have been substantially ready for occupancy except for Tenant's delay in (or failure of) compliance with the provisions of Article 33, even if because of Tenant's failure to comply with the provisions of Article 33 or failure to reasonably cooperate in a certificate timely manner with Landlord in connection with approving plans or revisions thereto or Landlord's work has not been completed. 3.03 Landlord and Tenant shall, in accordance with the foregoing, fix the commencement date of substantial completion the term of this Lease and shall notify Tenant of the date so fixed. When the commencement date of the term of this Lease has so been determined, the parties hereto shall within thirty (30) days thereafter, at Landlord's request, execute a written agreement confirming such date as the date of the commencement of the term of this Lease. Any failure of the parties to execute such written agreement shall not affect the validity of the commencement date as fixed and determined by Landlord, as aforesaid. 3.04 The demised premises shall not be deemed to be unready for Tenant's architect occupancy or a certificate of occupancy by the local building authority, notwithstanding that incomplete if only minor or insubstantial details of construction, decoration or mechanical adjustment or decoration remain to be performeddone in the demised premises or any part thereof. Tenant by entering into occupancy of the demised premises shall be conclusively deemed to have agreed that Landlord up to the time of such occupancy had performed all of its obligations hereunder and that the demised premises were in satisfactory condition as of the date of such occupancy, unless within twenty (20) days after such date Tenant shall give written notice (hereinafter called the "Punchlist Notice") to Landlord specifying the respects in which the same were not in satisfactory condition, in which event, the demised premises shall be conclusively deemed to be in satisfactory condition except for the items set forth in the Punchlist Notice and except for latent defects. The giving of the Punchlist Notice shall have no effect whatsoever upon the commencement date. If the substantial completion Landlord fails to complete any of the Premises by Landlord is delayed in any way by Tenant or Tenant's Representatives, the Premises shall be deemed substantially completed for purposes of this Section items on the date when they would have been substantially completed but for such delay. Punchlist Notice within thirty (b30) Tenant's taking possession of the Premises shall be conclusive evidence that the Premises were in good order, condition and repair when Tenant took possession, except for those matters (for which Landlord is responsible as provided in this Lease) of which Tenant gives Landlord notice within 10 days after taking possession. Landlord shall complete or repair such matters as soon as reasonably possible. (c) If Landlord is unable to deliver possession of the Premises to Tenant within 180 days after the Expected Commencement Date rendition of such notice then Tenant shall have the right to give Landlord a second notice detailing any such incomplete items. If such items are not completed within fifteen (the Outside Commencement Date15) days thereafter (except for reasons beyond Landlord's control), then Tenant, as its sole remedy, Tenant may terminate this Lease by notice to Landlord given within 10 days after complete any such incomplete items and deduct the Outside Commencement Date. The Outside Commencement Date shall be extended by actual reasonable cost thereof from the period of any delay described in Section 1(a). Landlord shall not be liable to Tenant or any third party for its failure to deliver possession of the Premises to Tenant. If the Commencement Date does not occur within one year after the Expected Commencement Date, this Lease shall terminate and Landlord and Tenant shall have no further obligations to the other, except as may otherwise be provided in this Leasenext accruing rent payments due hereunder. (d) After the Commencement Date has been determined, Landlord and Tenant shall execute a supplemental agreement specifying the Commencement Date, Termination Date and such other information as Landlord shall reasonably require.

Commencement of Term. (a) The Premises Commencement Date set forth in Article 1 shall be deemed delayed and Rent shall be abated to the extent that Landlord fails: (i) to substantially completed upon complete any improvements to the issuance of a certificate of substantial completion by Landlord's architect or a certificate of occupancy by the local building authority, notwithstanding that minor or insubstantial details of construction, mechanical adjustment or decoration remain Premises required to be performed. If the substantial completion of the Premises performed by Landlord is delayed in under any way separate agreement signed by Tenant both parties, or Tenant's Representatives, the Premises shall be deemed substantially completed for purposes of this Section on the date when they would have been substantially completed but for such delay. (bii) Tenant's taking possession of the Premises shall be conclusive evidence that the Premises were in good order, condition and repair when Tenant took possession, except for those matters (for which Landlord is responsible as provided in this Lease) of which Tenant gives Landlord notice within 10 days after taking possession. Landlord shall complete or repair such matters as soon as reasonably possible. (c) If Landlord is unable to deliver possession of the Premises for any other reason, including but not limited to Tenant within 180 days after holding over by prior occupants, except to the Expected Commencement Date (the Outside Commencement Date), then extent that Tenant, its contractors, agents or employees in any way contribute to either such failures. If landlord so fails for a sixty (60) day initial grace period, or such additional time as its sole remedymay be necessary due to fire or other casualty, may strikes, lock-outs or other labor troubles, shortages of equipment or materials, governmental requirements, power shortages or outages, acts or omissions of Tenant or other Persons, or other causes beyond Landlord's reasonable control, Tenant shall have the right to terminate this Lease by written notice to Landlord given within 10 days after any time thereafter up until Landlord substantially completes any such improvements and delivers the Outside Commencement DatePremises to Tenant. The Outside Any such delay in the Commencement Date shall not subject Landlord to liability for loss or damage resulting therefrom, and Tenant's sole recourse with respect thereto shall be extended by the period abatement of Rent and right to terminate this Lease described above. Upon any delay described in Section 1(a). such termination, Landlord and Tenant shall not be liable to Tenant or entirely relieved of their obligations hereunder, and any third party for its failure to deliver possession of the Premises Security Deposit and Rent payments shall be returned to Tenant. If the Commencement Date does is delayed, the Expiration Date shall not occur within one year after be similarly extended, unless Landlord shall so elect (in which case, the Expected Commencement Date, this Lease parties shall terminate and Landlord and confirm the same in writing). During any period that Tenant shall have no further obligations be permitted to enter the other, except as may otherwise be provided in this Lease. (d) After Premises prior to the Commencement Date has been determinedother than to occupy the same (e.g., Landlord and to perform alterations or improvements), Tenant shall execute comply with all terms and provisions of this Lease, except those provisions requiring the payment of Rent. If Tenant shall be permitted to enter the Premises prior to the Commencement Date for the purpose of occupying the same, Rent shall commence on such date, and if Tenant shall commence occupying only a supplemental agreement specifying portion of the Premises prior to the Commencement Date, Termination Date and such other information as Rent shall be prorated based on the number of rentable square feet occupied by Tenant. Landlord shall reasonably requirepermit early entry, provided the Premises are legally available and Landlord has completed any work required under this Lease or any separate agreement entered in connection herewith.

Commencement of Term. (a) The Premises Commencement Date set forth in Article 1 shall be deemed delayed and Rent shall be abated to the extent that Landlord fails: (i) to substantially completed upon complete any improvements to the issuance of a certificate of substantial completion by Landlord's architect or a certificate of occupancy by the local building authority, notwithstanding that minor or insubstantial details of construction, mechanical adjustment or decoration remain Premises required to be performed. If the substantial completion of the Premises performed by Landlord is delayed in under any way separate agreement signed by Tenant both parties, or Tenant's Representatives, the Premises shall be deemed substantially completed for purposes of this Section on the date when they would have been substantially completed but for such delay. (bii) Tenant's taking possession of the Premises shall be conclusive evidence that the Premises were in good order, condition and repair when Tenant took possession, except for those matters (for which Landlord is responsible as provided in this Lease) of which Tenant gives Landlord notice within 10 days after taking possession. Landlord shall complete or repair such matters as soon as reasonably possible. (c) If Landlord is unable to deliver possession of the Premises for any other reason, including but not limited to holding over by prior occupants, except to the extent that Tenant, its contractors, agents or employees in any way contribute to either such failures. If Landlord so fails for a ninety (90) day initial grace period, or such additional time as may be necessary due to fire or other casualty, strikes, lockouts or other labor troubles, shortages of equipment or materials, governmental requirements, power shortages or outages, acts or omissions of Tenant within 180 days after the Expected Commencement Date or other Persons (the Outside Commencement Dateas defined in Article 25.09), then Tenantor other causes beyond Landlord's reasonable control, as its sole remedy, may Tenant shall have the right to terminate this Lease by written notice to Landlord given within 10 days after any time thereafter up until Landlord substantially completes any such improvements and delivers the Outside Commencement DatePremises to Tenant. The Outside Any such delay in the Commencement Date shall not subject Landlord to liability for loss or damage resulting therefrom, and Tenant's sole recourse with respect thereto shall be extended by the period abatement of Rent and right to terminate this Lease described above. Upon any delay described such termination, Landlord and Tenant shall be entirely relieved of their obligations hereunder, and any Security Deposit (as defined in Section 1(a). Landlord Article 35) and Rent payments shall not be liable to Tenant or any third party for its failure to deliver possession of the Premises returned to Tenant. If the Commencement Date does is delayed, the Expiration Date shall not occur within one year after be similarly extended, unless Landlord shall so elect (in which case, the Expected Commencement Date, this Lease parties shall terminate and Landlord and confirm the same in writing). During any period that Tenant shall have no further obligations be permitted to enter the other, except as may otherwise be provided in this Lease. (d) After Premises prior to the Commencement Date has been determinedother than to occupy the same (e.g., Landlord and to perform alterations or improvements), Tenant shall execute comply with all terms and provisions of this Lease, except those provisions requiring the payment of Rent. If Tenant shall be permitted to enter the Premises prior to the Commencement Date for the purpose of occupying the same, Rent shall commence on such date, and if Tenant shall commence occupying only a supplemental agreement specifying portion of the Premises prior to the Commencement Date, Termination Date and such other information as Rent shall be prorated based on the number of rentable square feet occupied by Tenant. Landlord shall reasonably requirepermit early entry, provided the Premises are legally available and Landlord has completed any work required under this Lease or any separate agreement entered in connection herewith.

Commencement of Term. (a) The Premises shall be deemed substantially completed upon the issuance of a certificate of substantial completion by Landlord's architect or a certificate of occupancy by the local building authority, notwithstanding that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed. If the substantial completion Upon Substantial Completion of the Premises by Landlord is delayed in any way by Tenant or Tenant's RepresentativesImprovements, the Premises shall be deemed substantially completed for purposes of this Section on the date when they would have been substantially completed but for such delay. (b) Tenant's taking possession of the Premises shall be conclusive evidence that the Premises were in good order, condition and repair when Tenant took possession, except for those matters (for which Landlord is responsible as provided in this Lease) of which Tenant gives Landlord notice within 10 days after taking possession. Landlord shall complete or repair such matters as soon as reasonably possible. (c) If Landlord is unable to deliver possession of the Premises to Tenant within 180 days after the Expected Commencement Date (the Outside Commencement Date), then Tenant, as its sole remedy, may terminate this Lease by notice to Landlord given within 10 days after the Outside Commencement Date. The Outside Commencement Date shall be extended by the period of any delay described in Section 1(a). Landlord shall not be liable to Tenant or any third party for its failure to deliver possession of the Premises to Tenant. If Landlord has not Substantially Completed the Tenant Improvements and tendered possession of the Premises to Tenant on or before the Scheduled Commencement Date, or if Landlord, using its best efforts, is unable for any other reason to deliver possession of the Premises to Tenant on or before such date, neither Landlord nor its representatives shall be liable to Tenant for any damage resulting from the delay in completing such construction obligations and/or delivering possession to Tenant and the Lease shall remain in full force and effect unless and until it is terminated under the express provisions of this Paragraph. In such event, the Commencement Date does not occur within one year after shall be the Expected Commencement Dateactual date of delivery of possession of the Substantially Completed Premises to Tenant; provided, this Lease shall terminate however, that if and Landlord and Tenant shall have no further obligations to the other, except as may otherwise be provided extent that any delays in this Lease. (d) After the Commencement Date has been determinedare attributable to (i) delays by Tenant in submitting information to the Space Planner or in approving Construction Documents, Landlord (ii) any delays in obtaining any items or materials constituting part of the Above Standard Tenant Improvements requested by Tenant, or (iii) any other delay requested by or caused by Tenant Delay, then the term of the Lease shall commence and Tenant shall execute a supplemental agreement specifying the Commencement Date, Termination Date shall be deemed to have occurred on the date which Landlord would have Substantially Completed the Premises and tendered the premises to Tenant but for such other information as Landlord shall reasonably requireTenant Delay.

Commencement of Term. (a) Section 2.01. The term of this Lease and the payment of minimum rent hereunder shall commence on the date that Landlord's work in the Demised Premises shall be deemed substantially completed upon (the issuance of a certificate of substantial completion by Landlord's architect or a certificate of occupancy by the local building authority, notwithstanding that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed"Commencement Date"). If the substantial completion of the Premises by Landlord is delayed in any way by Tenant or Tenant's Representatives, the The Demised Premises shall be deemed substantially completed when Landlord has substantially performed the work required to be performed pursuant to Schedule B hereof, and Landlord has given Tenant notice thereof as hereinafter provided. Except as set forth on Schedule B, Landlord shall have no obligation to perform any other work in connection with preparing the Demised Premises for purposes of this Section on the date when they would have been substantially completed but for such delay. (b) Tenant's taking occupancy. Within five (5) days after Landlord has delivered possession of the Demised Premises to Tenant with Landlord's work substantially completed, Landlord and Tenant shall inspect the Demised Premises and agree on a punch list of the items to be completed. Landlord's work shall be conclusive evidence that the Premises were in good orderdeemed to be substantially completed even though minor details or adjustments, condition and repair when Tenant took possession, except for those matters (for which Landlord is responsible as provided in this Lease) none of which materially interfere with Tenant's access to and use of the Demised Premises may not then have been completed, but Landlord agrees, at its sole cost and expense, to promptly thereafter complete all unfinished work. However, if Tenant gives Landlord notice within 10 days after taking possession. Landlord shall complete or repair such matters as soon as reasonably possible. (c) If Landlord is unable to deliver enter into possession of the Demised Premises to Tenant within 180 days after and commence the Expected Commencement Date (conduct of its business, the Outside Commencement Date), then Tenant, as its sole remedy, may terminate this Lease by notice to Landlord given within 10 days after the Outside Commencement Date. The Outside Commencement Date shall be extended by the period date of any delay described such entry regardless of whether the foregoing events shall have occurred. If Landlord's work in the Demised Premises has not been substantially completed within one hundred fifty (150) days from the date the building permit referred to in Schedule B has been obtained (subject to unavoidable delays as provided in Article 34), then in addition to the abatement provided in Section 1(a)3.02, Tenant shall be entitled to an abatement of the minimum rent only of one (1) day for each one (1) business day that such work has not been substantially completed until the date of substantial completion. Section 2.02. Landlord shall not be liable Tenant has fully inspected the Demised Premises, is familiar with the condition thereof and agrees to Tenant or any third party for its failure to deliver accept possession of the Premises to Tenant. If same on the Commencement Date does not occur within one year after in their present "As Is" condition, except for Landlord's work set forth in Schedule B. Landlord shall deliver the Expected Demised Premises vacant and broom clean. Section 2.03. If, prior to the Commencement Date, this Lease Tenant shall terminate and enter the Demised Premises to make any installations, Landlord and Tenant shall have no further obligations to liability or obligation for the other, except as may otherwise be provided in this Leasecare or preservation of Tenant's property. (d) After Section 2.04. Promptly after the Commencement Date has been determinedDate, Landlord and Tenant shall execute a supplemental agreement specifying statement in recordable form confirming the agreed upon Commencement Dateand Expiration Dates of this Lease, Termination Date and such other information as Landlord shall reasonably requirein accordance with the foregoing provisions.

Commencement of Term. (a) The Premises shall be deemed substantially completed upon the issuance of a certificate of substantial completion by Landlord's architect or a certificate of occupancy by the local building authority, notwithstanding that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed. If the substantial completion of the Premises by Landlord is delayed in any way by Tenant or Tenant's Representatives, the Premises shall be deemed substantially completed for purposes of this Section on the date when they would have been substantially completed but for such delay. (b) Tenant's ’s taking possession of the Premises shall be conclusive evidence that the Premises were in good order, condition and repair when Tenant took possession, except for those matters (for which Landlord is responsible as provided in this Lease) of which Tenant gives Landlord notice within 10 30 days after taking possession. Landlord shall complete or repair such matters as soon as reasonably possible. (c) If Landlord is unable to deliver possession of the Premises to Tenant within 180 , but not later than 30 days after the Expected Commencement Date Landlord’s receipt of such notice (the Outside Commencement Date)except that if any punchlist item cannot be completed or repaired within such 30-day period, then Tenant, as its sole remedy, may terminate this Lease by notice to Landlord given within 10 days after the Outside Commencement Date. The Outside Commencement Date period shall be extended by the period of any delay described in Section 1(afor a reasonable additional time, provided that Landlord proceeds diligently to effect such completion or repair). To the extent the Contractor (as defined in the Work Letter) is required under its agreement with Landlord to repair or replace (as necessary) any defects in the Premises after the substantial completion thereof, Landlord shall request Contractor to make such repairs or replacements, but Landlord shall be not be liable to Tenant or for any third party for its failure of Contractor to deliver possession of the Premises do so (provided that Tenant reserves any rights it may have to Tenant. remedy such failure under Section 24 below). (b) If the Commencement Date does not occur within one year after the Expected Commencement Dateis prior to November 1, this Lease shall terminate and Landlord and Tenant shall have no further obligations to the other, except as may otherwise be provided in this Lease. (d) After the Commencement Date has been determined2009, Landlord and Tenant shall execute a supplemental agreement specifying the Commencement Date, Termination Date and such other information as Landlord shall reasonably require. (c) Landlord represents, to the best of the knowledge of Landlord’s officers charged with responsibility for the day to day management of the Building, that as of the date of this Lease: (1) the Building contains no asbestos containing materials or hazardous materials (except those materials customarily found in office buildings or stored, maintained and disposed of in accordance with Laws) (such materials together sometimes referred to as Hazardous Materials), (2) the common areas of the Building serving the Premises satisfy the current requirements of the Americans with Disabilities Act (ADA), (3) the Building and Premises (except for those matters attributable to Tenant’s entry into the Premises) are otherwise substantially in compliance with all Laws, and (4) Landlord is not aware of any work completed or contemplated that will or would create any additional special assessments affecting the Property (as defined in the attached “Expense Escalation—Expense Contribution”).

Commencement of Term. 2.1 The term of this Lease and the payment of rent hereunder shall commence on the Commencement Date. Landlord shall give Tenant ten (10) days' prior written notice of the anticipated date of substantial completion of the work to be performed by Landlord in the deemed substantially complete when Landlord has Substantially Completed (as defined below) Landlord's Work. Landlord, at its sole cost and expense, shall perform the following work in or to the Demised Premises in order to prepare the same for Tenant's occupancy (collectively, "Landlord's Work"), using materials of Building-standard quality, color and design: (i) Paint the Demised Premises; (ii) Remove the existing pantry, cabinets and appliances per the plan attached hereto as Exhibit B and install carpeting in the pantry area; (iii) Steam clean the existing carpet; (iv) Broom clean any other flooring; and (v) Re-key locks on outer door. Landlord shall use reasonable efforts (without being obligated to employ overtime labor or to incur any extraordinary expenses in connection therewith, and subject to delays caused by Tenant or by force majeure) to complete Landlord's Work in a timely manner. Tenant acknowledges, however, that the performance by Landlord of Landlord's Work may disturb Tenant's quiet enjoyment of, and access to, the Demised Premises. Tenant hereby accepts such conditions as modifications and limitations on its right to use the Demised Premises and hereby waives any and all claims for damages to its property or its business which may be caused by the effects of any such work. If there is a delay in the Substantial Completion of Landlord's Work, or any portion thereof, due to (a) any act or omission of Tenant, its contractors, sub-contractors, architects, space designers, agents or employees, including, without limitation, delays due to changes in Landlord's Work, or any other work to be done by Landlord or delays in submission of information, approving working drawings or estimates or giving authorizations or approvals, (b) any additional time for completion of such work which may be required because of the inclusion in such work of any work which may hereinafter be referred to in this Lease as "Additional Work" or (c) the noncompletion by Landlord of any work, whether in connection with the layout or finish of the Demised Premises or otherwise, which Landlord is not required to do by the terms hereof until after the Commencement Date; then Landlord's Work, or such portion, shall be deemed Substantially Complete on the date when Landlord's Work or such portion would have been Substantially Complete but for such delay even though work to be done by Landlord has not been commenced or completed. Any additional cost to Landlord to complete Landlord's Work occasioned by such delay shall be paid as additional rent upon demand. For the purposes of the preceding sentence "additional cost to Landlord" shall mean the total cost incurred in excess of the aggregate cost which Landlord would have incurred to complete Landlord's Work if there had been no such delay. 2.2 The taking of possession of the Demised Premises shall be deemed substantially completed upon the issuance of a certificate of substantial completion by Landlord's architect or a certificate of occupancy by the local building authority, notwithstanding that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed. If the substantial completion an acceptance of the Premises by Landlord is delayed in any way same by Tenant or Tenant's Representatives, the Premises and shall be deemed substantially completed Substantial Completion by Landlord of all of Landlord's Work for the purposes of determining the Commencement Date. For the purposes of this Section on Article, the date when they would work to be done by Landlord shall be deemed "Substantially Complete" even though minor details or adjustments which shall not materially interfere with Tenant's use and occupancy of the Demised Premises may not then have been substantially completed completed, but for such delay. (b) Tenant's taking possession of which work Landlord agrees, will thereafter be completed. In the Premises event that there shall be conclusive evidence that the Premises were any such minor details or adjustments in good orderconnection with Landlord's Work (collectively, condition and repair when "Punch List Items"), Tenant took possession, except for those matters shall give written notice to Landlord of such Punch List Items within twenty (for which Landlord is responsible as provided in this Lease20) of which Tenant gives Landlord notice within 10 days after taking possessionthe Commencement Date. Landlord shall use reasonable efforts (without being obligated to employ overtime labor or to incur any extraordinary costs in connection therewith) to complete or repair such matters as soon as reasonably possible. Punch List Items within thirty (c30) If Landlord is unable to deliver possession of the Premises to Tenant within 180 business days after the Expected Commencement Date (the Outside Commencement Date), then Tenant, as its sole remedy, may terminate this Lease by notice to Landlord given within 10 days after the Outside Commencement Date. The Outside Commencement Date shall be extended by the period Landlord's receipt of any delay described in Section 1(a)such notice. Landlord shall not be liable have no obligation to perform any work in the Demised Premises other than Landlord's Work. 2.3 Promptly after the Commencement Date, Landlord and Tenant will execute an agreement in recordable form, hereafter referred to as the "Commencement Date Agreement" stating among other things the Commencement Date and the Expiration Date of the term of this Lease. Tenant's failure or refusal to sign the same shall in no event affect Landlord's designation of the Commencement Date. 2.4 Tenant expressly waives any third party for its right to rescind this Lease under Section 223-a of the New York Real Property Law or under any present or future statute of similar import then in force and further expressly waives the right to recover any damages, direct or indirect, which may result from Landlord's failure to deliver possession of the Demised Premises to Tenant. If the Commencement Date does not occur within one year after the Expected Commencement Date, this Lease shall terminate and Landlord and Tenant shall have no further obligations to the other, except as may otherwise be provided in this Lease. (d) After the Commencement Date has been determined, Landlord and Tenant shall execute a supplemental agreement specifying on the Commencement Date, Termination . The Commencement Date shall not be postponed or delayed by reason of or arising out of delays occasioned by Tenant as described herein. Tenant agrees that the provisions of this Article and such other information as Landlord shall reasonably require.Article 3 are intended to constitute "an express provision to the contrary" within the meaning of said Section 223-a.

Commencement of Term. Section 2.01. The term of this Lease, for which the Demised Premises are hereby leased, shall commence on the date, but not prior to February 1, 2000 (athe "Commencement Date") The that Landlord's work , as hereinafter set forth in Section 2.02, shall be substantially completed and Landlord has delivered possession of the Demised Premises to Tenant in accordance with the terms of this Lease. Landlord's work shall be deemed to be substantially completed upon the issuance all of a certificate of substantial completion by Landlord's architect work, except for minor details or a certificate adjustments, none of occupancy which materially interfere with Tenant's access to and possession of the Demised Premises for Tenant's work, have been completed. Section 2.02. Tenant has fully inspected the Demised Premises, is familiar with the condition thereof and agrees to accept possession of the same on the Commencement Date. Except as hereinafter provided, Landlord shall not be required to do any work therein to make the same suitable for the operation of Tenant's business. However, Landlord, at its expense shall do the following work: (i) Demolish only those portions of the improvements (i.e., walls, ductwork) in the Demised Premises as shown on Tenant's demolition plans and deliver space broom clean. Tenant agrees to deliver said demolition plans to Landlord by 5:00 p.m. on December 10, 1999. If Tenant fails to deliver said plans by such date, then the Commencement Date of this Lease shall be accelerated by the local building authority, notwithstanding that minor or insubstantial details number of construction, mechanical adjustment or decoration remain to be performed. If the substantial completion days of the Premises by Landlord is delayed in any way by Tenant or Tenant's Representatives, the Premises shall be deemed substantially completed for purposes of this Section on the date when they would have been substantially completed but for such delay. (bii) Tenant's taking possession of the Premises shall be conclusive evidence that the Premises were in good orderDeliver an ACP-5 certificate, condition and repair when Tenant took possession, except for those matters (for which Landlord is responsible as provided in this Lease) of which Tenant gives Landlord notice within 10 days after taking possession. Landlord shall complete or repair such matters as soon as reasonably possible. (c) If Landlord is unable to deliver possession of the Premises to Tenant within 180 days after the Expected Commencement Date (the Outside Commencement Date), then Tenant, as its sole remedy, may terminate this Lease by notice to Landlord given within 10 days after the Outside Commencement Date. The Outside Commencement Date shall be extended by the period of any delay described in Section 1(a). Landlord shall not be liable required to remove the adhesive material securing the old floor covering nor remove the existing VCT tile. However Landlord shall flash patch the area abutting the VCT tile to make same level, ready for installation by Tenant or any third party for of its failure to deliver possession of the Premises to Tenant. If the Commencement Date does not occur within one year after the Expected Commencement Date, this Lease shall terminate and Landlord and Tenant shall have no further obligations to the other, except as may otherwise be provided in this Leasefloor covering. (diii) After Provide electricity of at least six (6) xxxxx demand load per usable square foot, exclusive of Building HVAC. (iv) Put core bathrooms and elevator call buttons on the Commencement Date has been determinedfloors of the premises in compliance with the Americans with Disability Act. (v) Place sprinkler system in good working order. (vi) Place Building HVAC system in good working order. (vii) If required, Landlord without charge by Landlord, provide sufficient connection points in the appropriate existing TDS panel in accordance with Tenant's plans, for its use set forth in Section 4.01 and Tenant shall execute a supplemental agreement specifying in compliance with New York City Fire Department Code and Regulations. (viii) Remove mail conveyor and install slab over floor openings. (ix) Repair existing broken or cracked glass as of the Commencement Date, Termination Date and such other information as Landlord shall reasonably requiredate hereof. (x) All base building electric panels to be in place in electrical closets on the floors of the Premises.

Commencement of Term. (a) The Premises Commencement Date set forth in Article 1 shall be deemed delayed and Rent shall be abated to the extent that Landlord fails: (i) to substantially completed upon complete any improvements to the issuance of a certificate of substantial completion by Landlord's architect or a certificate of occupancy by the local building authority, notwithstanding that minor or insubstantial details of construction, mechanical adjustment or decoration remain Premises required to be performed. If the substantial completion of the Premises performed by Landlord is delayed in any way by Tenant under that certain workletter attached hereto as Exhibit B ("Workletter"), or Tenant's Representatives, the Premises shall be deemed substantially completed for purposes of this Section on the date when they would have been substantially completed but for such delay. (bii) Tenant's taking possession of the Premises shall be conclusive evidence that the Premises were in good order, condition and repair when Tenant took possession, except for those matters (for which Landlord is responsible as provided in this Lease) of which Tenant gives Landlord notice within 10 days after taking possession. Landlord shall complete or repair such matters as soon as reasonably possible. (c) If Landlord is unable to deliver possession of the Premises for any other reason, including but not limited to Tenant within 180 days after holding over by prior occupants, except to the Expected Commencement Date (the Outside Commencement Date), then extent that Tenant, its contractors, agents or employees in any way contribute to either such failures. If Landlord so fails for a ninety (90) day initial grace period, or such additional time as its sole remedymay be necessary due to fire or other casualty, may strikes, lock-outs or other labor troubles, shortages of equipment or materials, governmental requirements, power shortages or outages, acts or omissions of Tenant or other Persons, or other causes beyond Landlord's reasonable control, Tenant shall have the right to terminate this Lease by written notice to Landlord given within 10 days after any time thereafter up until Landlord substantially completes any such improvements and delivers the Outside Commencement DatePremises to Tenant. The Outside Any such delay in the Commencement Date shall not subject Landlord to liability for loss or damage resulting therefrom, and Tenant's sole recourse with respect thereto shall be extended by the period abatement of Rent and right to terminate this Lease described above. Upon any delay described in Section 1(a). such termination, Landlord and Tenant shall not be liable to Tenant or entirely relieved of their obligations hereunder, and any third party for its failure to deliver possession of the Premises Security Deposit and Rent payments shall be returned to Tenant. If the Commencement Date does is delayed, the Expiration Date shall not occur within one year after be similarly extended, unless Landlord shall so elect (in which case, the Expected Commencement Date, this Lease parties shall terminate and Landlord and confirm the same in writing). During any period that Tenant shall have no further obligations be permitted to enter the other, except as may otherwise be provided in this Lease. (d) After Premises prior to the Commencement Date has been determinedother than to occupy the same (e.g., Landlord and to perform alterations or improvements), Tenant shall execute a supplemental agreement specifying comply with all terms and provisions of this Lease, except those provisions requiring the payment of Rent. If Tenant shall be permitted to enter the Premises prior to the Commencement Date for the purpose of occupying the same, Rent shall not commence until the Commencement Date, Termination Date and such other information as . Landlord shall reasonably requirepermit early entry, provided the Premises are legally available and Landlord has completed any work required under this Lease or under the Workletter.

Commencement of Term. (a) Section 2.01. The term of this Lease and the payment of minimum rent hereunder shall commence on the date that Landlord's work in the Demised Premises shall be deemed substantially completed upon (the issuance of a certificate of substantial completion by Landlord's architect or a certificate of occupancy by the local building authority, notwithstanding that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed"Commencement Date"). If the substantial completion of the Premises by Landlord is delayed in any way by Tenant or Tenant's Representatives, the The Demised Premises shall be deemed substantially completed for purposes of this Section on when Landlord has substantially performed the date when they would have been substantially completed but for such delay. (b) Tenant's taking possession of the Premises shall work required to be conclusive evidence that the Premises were in good orderperformed pursuant to Schedule B hereof, condition and repair when Tenant took possession, except for those matters (for which Landlord is responsible as provided in this Lease) of which Tenant gives Landlord notice within 10 days after taking possession. Landlord shall complete or repair such matters as soon as reasonably possible. (c) If Landlord is unable to deliver possession of the Demised Premises to Tenant within 180 days after on the Expected Commencement Date (the Outside Commencement Date), then Tenant, as its sole remedy, may terminate this Lease by notice to Landlord given within 10 days after the Outside Commencement Date. The Outside Except as set forth on Schedule B, Landlord shall have no obligation to perform any other work in connection with preparing the Demised Premises for Tenant's occupancy. Landlord's work shall be deemed to be substantially completed even though minor details or adjustments, none of which materially interfere with Tenant's access to and use of the Demised Premises may not then have been completed, but Landlord agrees, at its sole cost and expense, to promptly thereafter complete all unfinished work. However, if Tenant shall enter into possession of the Demised Premises and commence the conduct of its business, the Commencement Date shall be extended by the period date of any delay described in such entry regardless of whether the foregoing events shall have occurred. Section 1(a)2.02. Landlord shall not be liable Tenant has fully inspected the Demised Premises, is familiar with the condition thereof and agrees to Tenant or any third party for its failure to deliver accept possession of the Premises to Tenant. If same on the Commencement Date does not occur within one year after in their present "As Is" condition, except for Landlord's work set forth in Schedule B. Section 2.03. If, prior to the Expected Commencement Date, this Lease Tenant shall terminate and enter the Demised Premises to make any installations, Landlord and Tenant shall have no further obligations to liability or obligation for the other, except as may otherwise be provided in this Leasecare or preservation of Tenant's property. (d) After Section 2.04. Promptly after the Commencement Date has been determinedDate, Landlord and Tenant shall execute a supplemental agreement specifying statement in recordable form confirming the agreed upon Commencement Dateand Expiration Dates of this Lease, Termination Date and such other information as Landlord shall reasonably requirein accordance with the foregoing provisions.

Commencement of Term. Section 2.01. Tenant acknowledges that it has examined the Demised Premises and is taking same "as is" as of the Commencement Date. Tenant acknowledges that Landlord is not required to do any work with respect thereto, except as set forth in Schedule B hereof. Section 2.02. The Term of this Lease and the payment of rent shall commence on the date that the Demised Premises shall be "substantially completed" as defined in Schedule B (aherein the "Commencement Date"). Promptly after the Commencement Date, Landlord and Tenant agree to execute an agreement ("Commencement Date Agreement") in form and substance satisfactory to Landlord setting forth, among other things, the Commencement Date and the Expiration Date of this Lease. The taking of possession by Tenant of the Demised Premises shall be deemed substantially completed upon the issuance an acceptance of a certificate same by Tenant and shall be conclusively deemed Substantial Completion (as defined in Schedule B) of substantial completion by Landlord's architect or Work. Such taking of possession shall also be conclusive evidence, as against Tenant, that the Demised Premises and the Building of which the same form a certificate part were in good and satisfactory condition at the time of such occupancy by and that the local building authorityDemised Premises were substantially as shown on Schedule A. Landlord shall, notwithstanding that minor or insubstantial details however, thereafter complete any "punchlist" items required for completion of construction, mechanical adjustment or decoration remain to be performedLandlord's Work as described in Schedule B. Section 2.03. If the substantial completion Landlord shall be unable to give possession of the Demised Premises by Landlord is delayed in any way by Tenant or Tenant's Representatives, the Premises shall be deemed substantially completed for purposes of this Section on the date when they would have been substantially completed but anticipated for such delay. (b) Tenant's taking possession the commencement of the Premises Term hereof for any reason whatsoever, Landlord shall not be conclusive evidence that subject to any liability, nor shall the Premises were in good order, condition and repair when validity of this Lease nor the obligations of Tenant took possession, except for those matters (for which Landlord is responsible as provided in this Lease) of which Tenant gives Landlord notice within 10 days after taking possessionhereunder be thereby affected. Landlord shall use diligent efforts to substantially complete or repair such matters as soon as reasonably possible. (c) If Landlord is unable the work necessary to deliver possession of the Demised Premises promptly, subject to Tenant within 180 days after any delays beyond the Expected Commencement Date reasonable control of Landlord. In the event that Landlord's Work shall not be deemed substantially complete on or before November 30, 1996 (the "Outside Commencement Completion Date") (subject to extension for a period of three (3) months in the aggregate by reason of force majeure [set forth immediately below]), then Tenant, as its sole remedy, Tenant may cancel and terminate this Lease by giving notice thereof to Landlord given within 10 days after on or prior to the Outside Commencement Completion Date, in which event this Lease shall terminate upon the giving of such notice, and the parties hereto shall have no further liabilities or obligations to each other hereunder. The Outside Commencement Date shall be extended Any delay in Landlord's substantial completion of Landlord's Work caused by the period labor trouble, governmental controls, act of any delay described in Section 1(a). Landlord shall not be liable to Tenant God, or any third party other cause beyond Landlord's reasonable control shall extend such time period for its failure Landlord to deliver substantially complete Landlord's Work and give possession of the Demised Premises to Tenant. Without limiting the foregoing, the parties hereto expressly negate the provisions of Section 223-a of the Real Property Law and agree that such Section shall be inapplicable hereto. Tenant agrees that the provisions of this Article are intended to constitute "an express provision to the contrary" within the meaning of Section 223-a. If by reason of such delay, the Commencement Date does not occur within one year after the Expected Commencement Date, Term of this Lease shall terminate and Landlord and Tenant commence subsequent to such anticipated date, the Term of this Lease shall have no further obligations to be deemed extended for the other, except as may otherwise be provided in this Leasesame period. (d) After the Commencement Date has been determined, Landlord and Tenant shall execute a supplemental agreement specifying the Commencement Date, Termination Date and such other information as Landlord shall reasonably require.

Commencement of Term. (a) The Premises Commencement Date set forth in Article 1 shall be deemed delayed and Rent shall be abated to the extent that Landlord fails: (i) to substantially completed upon complete any improvements to the issuance of a certificate of substantial completion by Landlord's architect or a certificate of occupancy by the local building authority, notwithstanding that minor or insubstantial details of construction, mechanical adjustment or decoration remain Premises required to be performed. If the substantial completion of the Premises performed by Landlord is delayed in under any way separate agreement signed by Tenant both parties, or Tenant's Representatives, the Premises shall be deemed substantially completed for purposes of this Section on the date when they would have been substantially completed but for such delay. (bii) Tenant's taking possession of the Premises shall be conclusive evidence that the Premises were in good order, condition and repair when Tenant took possession, except for those matters (for which Landlord is responsible as provided in this Lease) of which Tenant gives Landlord notice within 10 days after taking possession. Landlord shall complete or repair such matters as soon as reasonably possible. (c) If Landlord is unable to deliver possession of the Premises for any other reason, including but not limited to Tenant within 180 days after holding over by prior occupants, except to the Expected Commencement Date (the Outside Commencement Date), then extent that Tenant, its contractors, agents or employees in any way contribute to either such failures. If Landlord so fails for a ninety (90) day initial grace period, or such additional time as its sole remedymay be necessary due to fire or other casualty, may strikes, lock-outs or other labor troubles, shortages of equipment or materials, governmental requirements, power shortages or outages, acts or omissions of Tenant or other Persons, or other causes beyond Landlord's reasonable control, Tenant shall have the right to terminate this Lease by written notice to Landlord given within 10 days after any time thereafter up until Landlord substantially completes any such improvements and delivers the Outside Commencement DatePremises to Tenant. The Outside Any such delay in the Commencement Date shall not subject Landlord to liability for loss or damage resulting therefrom, and Tenant's sole recourse with respect thereto shall be extended by the period abatement of Rent and right to terminate this Lease described above. Upon any delay described in Section 1(a). such termination, Landlord and Tenant shall not be liable to Tenant or entirely relieved of their obligations hereunder, and any third party for its failure to deliver possession of the Premises Security Deposit and Rent payments shall be returned to Tenant. If the Commencement Date does is delayed, the Expiration Date shall not occur within one year after be similarly extended, unless Landlord shall so elect (in which case, the Expected Commencement Date, this Lease parties shall terminate and Landlord and confirm the same in writing). During any period that Tenant shall have no further obligations be permitted to enter the other, except as may otherwise be provided in this Lease. (d) After Premises prior to the Commencement Date has been determinedother than to occupy the same (e.g., Landlord and to perform alterations or improvements). Tenant shall execute comply with all terms and provisions of this Lease, except those provisions requiring the payment of Rent. If Tenant shall be permitted to enter the Premises prior to the Commencement Date for the purpose of occupying the same, Rent shall commence on such date, and if Tenant shall commence occupying only a supplemental agreement specifying portion of the Premises prior to the Commencement Date, Termination Date and such other information as Rent shall be prorated based on the number of rentable square feet occupied by Tenant. Landlord shall reasonably requirepermit early entry, provided the Premises are legally available and Landlord has completed any work required under this Lease or any separate agreement entered in connection herewith.

Commencement of Term. (a) The Premises shall be deemed substantially completed upon the issuance of a certificate of substantial completion by Landlord's architect or a certificate of occupancy by the local building authority, notwithstanding that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed. If the substantial completion Upon Substantial Completion of the Premises by Landlord is delayed in any way by Tenant or Tenant's RepresentativesImprovements, the Premises shall be deemed substantially completed for purposes of this Section on the date when they would have been substantially completed but for such delay. (b) Tenant's taking possession of the Premises shall be conclusive evidence that the Premises were in good order, condition and repair when Tenant took possession, except for those matters (for which Landlord is responsible as provided in this Lease) of which Tenant gives Landlord notice within 10 days after taking possession. Landlord shall complete or repair such matters as soon as reasonably possible. (c) If Landlord is unable to deliver possession of the Premises to Tenant within 180 days after the Expected Commencement Date (the Outside Commencement Date), then Tenant, as its sole remedy, may terminate this Lease by notice to Landlord given within 10 days after the Outside Commencement Date. The Outside Commencement Date shall be extended by the period of any delay described in Section 1(a). Landlord shall not be liable to Tenant or any third party for its failure to deliver possession of the Premises to Tenant. If Landlord has not Substantially Completed the Tenant Improvements and tendered possession of the Premises to Tenant on or before the Scheduled Commencement Date specified in Section 3 xxxx Condition of Premises" of the Lease, or if Landlord, using its best efforts, is unable for any other reason to deliver possession of the Premises to Tenant on or before such date, neither Landlord nor its representatives shall be liable to Tenant for any damage resulting from the delay in completing such construction obligations and/or delivering possession to Tenant and the Lease shall remain in full force and effect unless and until it is terminated under the express provisions of this Paragraph. In such event the Commencement Date does not occur within one year after shall be the Expected Commencement Dateactual date of delivery of possession of the Substantially Completed Premises to Tenant, this Lease shall terminate provided, however, that if and Landlord and Tenant shall have no further obligations to the other, except as may otherwise be provided extent that any delays in this Lease. (d) After the Commencement Date has been determinedare attributable to (1) delays by Tenant to submitting information to the Space Planner or in approving Construction Documents, Landlord (ii) any delays in obtaining any items or materials constructing part of the Above Standard Tenant Improvements requested by Tenant, or (iii) any other early requested by or caused by Tenant Delay, then the term of the lease shall commence and Tenant shall execute a supplemental agreement specifying the Commencement Date, Termination Date shall be deemed to have occurred on the date which Landlord would have Substantially Completed the Premises and tendered the premises to Tenant but for such other information as Landlord shall reasonably requireTenant Delay.

Commencement of Term. (a) The Premises Commencement Date set forth in Article I shall be deemed delayed and Rent shall be abated to the extent that Landlord fails: (i) to substantially completed upon complete any improvements to the issuance of a certificate of substantial completion by Landlord's architect or a certificate of occupancy by the local building authority, notwithstanding that minor or insubstantial details of construction, mechanical adjustment or decoration remain Premises required to be performed. If the substantial completion of the Premises performed by Landlord is delayed in under any way separate agreement signed by Tenant both parties, or Tenant's Representatives, the Premises shall be deemed substantially completed for purposes of this Section on the date when they would have been substantially completed but for such delay. (bii) Tenant's taking possession of the Premises shall be conclusive evidence that the Premises were in good order, condition and repair when Tenant took possession, except for those matters (for which Landlord is responsible as provided in this Lease) of which Tenant gives Landlord notice within 10 days after taking possession. Landlord shall complete or repair such matters as soon as reasonably possible. (c) If Landlord is unable to deliver possession of the Premises for any other reason, including but not limited to Tenant within 180 days after holding over by prior occupants, except to the Expected Commencement Date (the Outside Commencement Date), then extent that Tenant, its contractors, agents, or employees in any way contribute to either such failures. If Landlord so fails for a ninety (90) day initial grace period, or such additional time as its sole remedymay be necessary due to fire or other casualty, may strikes, lock-outs or other labor troubles, shortages of equipment or materials, governmental requirements, power shortages or outages, acts or omissions of Tenant or other Persons, or other causes beyond Landlord's control, Tenant shall have the right to terminate this Lease by written notice to Landlord given within 10 days after at any time thereafter up until Landlord substantially completes any such improvements and delivers the Outside Commencement DatePremises to Tenant. The Outside Any such delay in the Commencement Date shall not subject Landlord to liability for loss or damage resulting therefrom, and Tenant's sole recourse with respect thereto shall be extended by the period abatement of Rent and right to terminate this Lease described above. Upon any delay described in Section 1(a). such termination, Landlord and Tenant shall not be liable to Tenant or entirely relieved of their obligations hereunder, and any third party for its failure to deliver possession of the Premises Security Deposit and Rent payments shall be returned to Tenant. If the Commencement Date does not occur within one year after is delayed, the Expected Commencement Date, this Lease Expiration Date shall terminate and Landlord and be similarly extended. During any period that Tenant shall have no further obligations be permitted to enter the other, except as may otherwise be provided in this Lease. (d) After Promises prior to the Commencement Date has been determinedother than to occupy the same (e.g., Landlord and to perform alterations or improvements), Tenant shall execute comply with all terms and provisions of this Lease, except those provisions requiring the payment of Rent. If Tenant shall be permitted to enter the Premises prior to the Commencement Date for the purpose of occupying the same, Rent shall commence on such date, and if Tenant shall commence occupying only a supplemental agreement specifying portion of the Premises prior to the Commencement Date, Termination Date and such other information as Rent shall be prorated based on the number of rentable square feet occupied by Tenant. Landlord shall reasonably requirepermit early entry, provided the Premises are legally available and Landlord has completed any work required under this Lease or any separate agreement entered in connection herewith.

Commencement of Term. (a) The Premises Commencement Date set forth in Article 1 shall be deemed delayed and Rent shall be abated to the extent that Landlord fails: (i) to substantially completed upon complete any improvements to the issuance of a certificate of substantial completion by Landlord's architect or a certificate of occupancy by the local building authority, notwithstanding that minor or insubstantial details of construction, mechanical adjustment or decoration remain Premises required to be performed. If the substantial completion of the Premises performed by Landlord is delayed in under any way separate agreement signed by Tenant both parties, or Tenant's Representatives, the Premises shall be deemed substantially completed for purposes of this Section on the date when they would have been substantially completed but for such delay. (bii) Tenant's taking possession of the Premises shall be conclusive evidence that the Premises were in good order, condition and repair when Tenant took possession, except for those matters (for which Landlord is responsible as provided in this Lease) of which Tenant gives Landlord notice within 10 days after taking possession. Landlord shall complete or repair such matters as soon as reasonably possible. (c) If Landlord is unable to deliver possession of the Premises for any other reason, including but not limited to Tenant within 180 days after holding over by prior occupants, except to the Expected Commencement Date (the Outside Commencement Date), then extent that Tenant, its contractors, agents or employees in any way contribute to either such failures. If Landlord so fails for a ninety (90) day initial grace period, or such additional time as its sole remedymay be necessary due to fire or other casualty, may strikes, lock-outs or other labor troubles, shortages of equipment or materials, governmental requirements, power shortages or outages, acts or omissions of Tenant or other Persons, or other causes beyond Landlord's reasonable control, Tenant shall have the right to terminate this Lease by written notice to Landlord given within 10 days after any time thereafter up until Landlord substantially completes any such improvements and delivers the Outside Commencement DatePremises to Tenant. The Outside Any such delay in the Commencement Date shall not subject Landlord to liability for loss or damage resulting therefrom, and Tenant's sole recourse with respect thereto shall be extended by the period abatement of Rent and right to terminate this Lease described above. Upon any delay described in Section 1(a). such termination, Landlord and Tenant shall not be liable to Tenant or entirely relieved of their obligations hereunder, and any third party for its failure to deliver possession of the Premises Security Deposit and Rent payments shall be returned to Tenant. If the Commencement Date does is delayed, the Expiration Date shall not occur within one year after be similarly extended, unless Landlord shall so elect (in which case, the Expected Commencement Date, this Lease parties shall terminate and Landlord and confirm the same in writing). During any period that Tenant shall have no further obligations be permitted to enter the other, except as may otherwise be provided in this Lease. (d) After Premises prior to the Commencement Date has been determinedother than to occupy the same (e.g., Landlord and to perform alterations or improvements), Tenant shall execute comply with all terms and provisions of this Lease, except those provisions requiring the payment of Rent. If Tenant shall be permitted to enter the Premises prior to the Commencement Date for the purpose of occupying the same, Rent shall commence on such date, and if Tenant shall commence occupying only a supplemental agreement specifying portion of the Premises prior to the Commencement Date, Termination Date and such other information as Rent shall be prorated based on the number of rentable square feet occupied by Tenant. Landlord shall reasonably requirepermit early entry, provided the Premises are legally available and Landlord has completed any work required under this Lease or any separate agreement entered in connection herewith.

Commencement of Term. Section 2.01. Tenant acknowledges that it has examined the Demised Premises and is taking same "as is" as of the Commencement Date. Tenant acknowledges that Landlord is not required to do any work with respect thereto, except as set forth in Schedule B. Section 2.02. The Term of this Lease shall commence on the date that the Demised Premises shall be "substantially completed" (a) herein the "Commencement Date"). The Demised Premises shall be deemed to be "substantially completed upon completed" when Landlord has substantially performed the issuance work required to be performed by Landlord as provided for in Schedule B (and Tenant is able to use and occupy the Demised Premises for the conduct of a certificate of substantial completion by Landlord's architect or a certificate of occupancy by the local building authorityits business), notwithstanding that minor or insubstantial details The taking of construction, mechanical adjustment or decoration remain to be performed. If the substantial completion possession by Tenant of the Premises by Landlord is delayed in any way by Tenant or Tenant's Representatives, the Demised Premises shall be deemed an acceptance of same by Tenant and shall be conclusively deemed substantial compliance by Landlord with Schedule B. Such taking of possession shall also be conclusive evidence, as against Tenant, that the Demised Premises and the Building of which the same form a part were in good and satisfactory condition at the time of such occupancy (except for so-called "punch-list" items and latent defects, if any) and that the Demised Premises were substantially completed for purposes as shown on Schedule A. Landlord shall, however, thereafter complete the so-called "punch-list" items, with a minimum amount of this inconvenience to the Tenant, to the extent practicable. Section 2.03. If Landlord shall be unable to give possession of the Demised Premises on the date when they would have been substantially completed but anticipated for such delay. (b) Tenantthe commencement of the Term hereof for any reason whatsoever, Landlord shall not be subject to any liability, nor shall the validity of this Lease nor the obligations of Tenant hereunder be thereby affected. Landlord agrees to promptly commence, and diligently pursue completion of, Landlord's taking Work. In the event that Landlord shall be unable to give possession of the Demised Premises shall be conclusive evidence that the Premises were in good order, condition and repair when Tenant took possession, except for those matters on or prior to ninety (for which Landlord is responsible as provided in this Lease90) of which Tenant gives Landlord notice within 10 days after taking possession. approval of Tenant's Plans (provided that Tenant's Plans submitted to Landlord shall complete or repair such matters as soon as reasonably possible. not contain any so-called "long lead" items) (csubject to extension for a period of two (2) If Landlord is unable to deliver possession months in the aggregate by reason of the Premises to Tenant within 180 days after the Expected Commencement Date (the Outside Commencement Dateforce mejeure [set forth immediately below]), then Tenant, as its sole remedy, Tenant may cancel and terminate this Lease by giving notice thereof to Landlord given within 10 on or prior to ten (10) days after the Outside Commencement Dateexpiration of such ninety (90) day period, in which event this Lease shall terminate upon the giving of such notice, and the parties hereto shall have no further liabilities or obligations to each other hereunder. The Outside Commencement Date shall be extended Any delay in Landlord's substantial completion of Landlord's Work caused by the period labor trouble, governmental controls, act of any delay described in Section 1(a). Landlord shall not be liable to Tenant God, or any third party other cause beyond Landlord's reasonable control shall extend such time period for its failure Landlord to deliver substantially complete Landlord's Work and give possession of the Demised Premises to Tenant. If Without limiting the Commencement Date does not occur within one year after foregoing, the Expected Commencement Date, this Lease shall terminate and Landlord and Tenant shall have no further obligations to the other, except as may otherwise be provided in this Lease.parties hereto expressly negate the (d) After the Commencement Date has been determined, Landlord and Tenant shall execute a supplemental agreement specifying the Commencement Date, Termination Date and such other information as Section 2.04. Landlord shall reasonably requireendeavor to give Tenant fifteen (15) days' prior written notice of the anticipated date of substantial completion of Landlord's Work.

Commencement of Term. (a) The Premises Commencement Date set forth in Article I shall be deemed delayed and Rent shall be abated to the extent that Landlord fails: (i) to substantially completed upon complete any improvements to the issuance of a certificate of substantial completion by Landlord's architect or a certificate of occupancy by the local building authority, notwithstanding that minor or insubstantial details of construction, mechanical adjustment or decoration remain Premises required to be performed. If the substantial completion of the Premises performed by Landlord is delayed in any way by Tenant under the Work Agreement attached hereto as Exhibit "B" and made a part hereof, or Tenant's Representatives, the Premises shall be deemed substantially completed for purposes of this Section on the date when they would have been substantially completed but for such delay. (bii) Tenant's taking possession of the Premises shall be conclusive evidence that the Premises were in good order, condition and repair when Tenant took possession, except for those matters (for which Landlord is responsible as provided in this Lease) of which Tenant gives Landlord notice within 10 days after taking possession. Landlord shall complete or repair such matters as soon as reasonably possible. (c) If Landlord is unable to ------------ deliver possession of the Premises for any other reason, including but not limited to holding over by prior occupants, except to the extent that Tenant, its contractors, agents or employees in any way contribute to either such failures. If Landlord so fails for a ninety (90) day initial grace period, or such additional time as may be necessary due to fire or other casualty, strikes, lock-outs or other labor troubles, weather conditions, shortages of material, equipment or labor, governmental requirements, power shortages or outages, acts or omissions of Tenant within 180 days after the Expected Commencement Date or other Persons, or other causes beyond Landlord's reasonable control (the Outside Commencement Datecollectively, "force majeure events"), then Tenant, as its sole remedy, may Tenant shall have the right to terminate this Lease by written notice to Landlord given any time thereafter up until Landlord substantially completes any such improvements and delivers the Premises to Tenant, which written notice of Tenant shall specify that this Lease shall terminate unless Landlord substantially completes any such improvements and delivers the Premises to Tenant within 10 thirty (30) days after of the Outside Commencement Datedelivery date of such written notice (which 30 day period shall be subject to extension for force majeure events). The Outside Any such delay in the Commencement Date shall not subject Landlord to liability for loss or damage resulting therefrom, and Tenant's sole recourse with respect thereto shall be extended by the period abatement of Rent and right to terminate this Lease described above. Upon any delay described in Section 1(a). such termination, Landlord and Tenant shall not be liable to Tenant or entirely relieved of their respective obligations hereunder, and any third party for its failure to deliver possession of the Premises Security Deposit and Rent payments shall be returned to Tenant. If the Commencement Date does is delayed, the Expiration Date shall not occur within one year after be similarly extended, unless Landlord shall so elect (in which case, the Expected Commencement Dateparties shall confirm the same in writing). During, this Lease shall terminate and Landlord and any period that Tenant shall have no further obligations be permitted to enter the other, except as may otherwise be provided in this Lease. (d) After Premises prior to the Commencement Date has been determinedother than to occupy the same (e.g., Landlord and to perform alterations or improvements), Tenant shall execute a supplemental agreement specifying comply with all terms and provisions of this Lease, except those provisions requiring the payment of Rent. If Tenant shall be permitted to enter the Premises prior to the Commencement DateDate for the purpose of occupying the same, Termination Date and Rent shall commence on such other information as date. Landlord shall reasonably requirepermit early entry, provided the Premises are legally available and Landlord has completed any work required under this Lease or any separate agreement entered in connection herewith.

Commencement of Term. (a) The Premises Commencement Date set forth in Article 1 shall be deemed delayed and Rent shall be abated to the extent that Landlord fails: (i) to substantially completed upon complete any improvements to the issuance of a certificate of substantial completion by Landlord's architect or a certificate of occupancy by the local building authority, notwithstanding that minor or insubstantial details of construction, mechanical adjustment or decoration remain Premises required to be performed. If the substantial completion of the Premises performed by Landlord is delayed in under any way separate agreement signed by Tenant both parties, or Tenant's Representatives, the Premises shall be deemed substantially completed for purposes of this Section on the date when they would have been substantially completed but for such delay. (bii) Tenant's taking possession of the Premises shall be conclusive evidence that the Premises were in good order, condition and repair when Tenant took possession, except for those matters (for which Landlord is responsible as provided in this Lease) of which Tenant gives Landlord notice within 10 days after taking possession. Landlord shall complete or repair such matters as soon as reasonably possible. (c) If Landlord is unable to deliver possession of the Premises for any other reason, including, but not limited to, holding over by prior occupants, except to the extent that Tenant, its contractors, agents or employees in any way contribute to either such failures. If Landlord so fails for a ninety (90) day initial grace period, or such additional time as may be necessary due to fire or other casualty, strikes, lock-outs or other labor troubles, shortages of equipment or materials, governmental requirements, power shortages or outages, acts or omissions of Tenant or other Persons, or other causes beyond Landlord's reasonable control, Tenant shall have the right, at any time thereafter until Landlord substantially completes any such improvements and delivers the Premises to Tenant, to give Landlord written notice that Tenant wishes to terminate this Lease. This Lease shall thereupon terminate thirty (30) days after Landlord's receipt of such notice unless Landlord substantially completes any such improvements and delivers possession to Tenant within 180 days after on or before expiration of such thirty (30) day period. Any such delay in the Expected Commencement Date (shall not subject Landlord to liability for loss or damage resulting therefrom, and Tenant's sole recourse with respect thereto shall be the Outside Commencement Date), then Tenant, as its sole remedy, may abatement of Rent and right to terminate this Lease by notice to described above. Upon any such termination, Landlord given within 10 days after the Outside Commencement Date. The Outside Commencement Date and Tenant shall be extended by the period entirely relieved of their obligations hereunder and any delay described in Section 1(a). Landlord Security Deposit and Rent payments shall not be liable to Tenant or any third party for its failure to deliver possession of the Premises returned to Tenant. If the Commencement Date does is delayed, the Expiration Date shall not occur within one year after be similarly extended unless Landlord shall so elect (in which case, the Expected Commencement Date, this Lease parties shall terminate and Landlord and confirm the same in writing). During any period that Tenant shall have no further obligations be permitted to enter the other, except as may otherwise be provided in this Lease. (d) After Premises prior to the Commencement Date has been determinedother than to occupy the same (e.g., Landlord and to perform alterations or improvements), Tenant shall execute comply with all terms and provisions of this Lease, except those provisions requiring the payment of Rent. If Tenant shall be permitted to enter the Premises prior to the Commencement Date for the purpose of occupying the same, Rent shall commence on such date, and if Tenant shall commence occupying only a supplemental agreement specifying portion of the Premises prior to the Commencement Date, Termination Date and such other information as Rent shall be prorated based on the number of rentable square feet occupied by Tenant. Landlord shall reasonably requirepermit early entry, provided the Premises are legally available and Landlord has completed any work required under this Lease or any separate agreement entered in connection herewith.

Commencement of Term. (a) The Premises "Commencement Date" of the Term shall be deemed substantially completed upon the issuance date of this Lease or on such later date as a certificate fully-executed copy of substantial completion by Landlord's architect or a certificate of occupancy by the local building authority, notwithstanding that minor or insubstantial details of construction, mechanical adjustment or decoration remain this Lease is delivered to be performed. If the substantial completion Tenant and physical possession of the Demised Premises by Landlord is delayed in any way by Tenant or tendered to Tenant's Representatives, the Premises shall be deemed substantially completed for purposes of this Section on the date when they would have been substantially completed but for such delay. (b) The "Expiration Date" of the Term shall be the last day of the month in which occurs the sixth anniversary of the Commencement Date. 2.02. Tenant acknowledges and agrees that the demised premises are prepared for Tenant's taking occupancy and Tenant accepts and shall take possession of the demised premises in its present "as-is" condition, and no representations or warranties have been made to Tenant concerning the condition of the demised premises, nor have any promises to remodel, change, alter or improve the demised premises been made by or on behalf of Landlord. Notwithstanding the foregoing, Landlord agrees that during the 30-day period commencing on the date hereof Landlord shall paint (one coat) and replace damaged carpet and supply new carpet for private offices (in either case, without padding). all in a Building standard manner, and shall remove certain existing wiring and certain furniture, as and to the extent previously agreed upon, and Landlord shall also cause the base-building HVAC affecting the Demised Premises shall to be conclusive evidence that the Premises were in good working order, condition and repair when Tenant took possessionto the extent, except for those matters if any, it is not currently in good working order (for which Landlord is responsible as provided in this Lease) of which Tenant gives Landlord notice within 10 days after taking possession. Landlord shall complete or repair such matters as soon as reasonably possible. (c) If Landlord is unable to deliver possession of the Premises to Tenant within 180 days after the Expected Commencement Date (the Outside Commencement Date)collectively, then Tenant, as its sole remedy, may terminate this Lease by notice to Landlord given within 10 days after the Outside Commencement Date. The Outside Commencement Date shall be extended by the period of any delay described in Section 1(a"Landlord's Work"). Landlord shall not be liable to Tenant or any third party for its failure to deliver possession may move into the Demised Premises as of the Premises to Tenant. If the Commencement Date does not occur within one year after the Expected Commencement Date, this Lease shall terminate and Landlord and Tenant shall have no further obligations to the other, except as may otherwise be provided in this Lease. (d) After the Commencement Date has been determined, Landlord and Tenant shall execute a supplemental agreement specifying the Commencement Date, Termination Date ; provided that Tenant shall not in any manner interfere with the undertaking of Landlord's Work. Tenant agrees to move into the Demised Premises and such other information as Landlord shall reasonably requirecommence business operations therein within 60 days of the date of substantial completion of Landlord's Work.

Commencement of Term. (a) The Premises term of the Lease shall be deemed substantially completed upon the issuance of a certificate of substantial completion by Landlord's architect or a certificate of occupancy by the local building authority, notwithstanding that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed. If the substantial completion as shown in Item 6 of the Premises by Landlord is delayed in any way by Tenant or Tenant's RepresentativesBasic Lease Provisions, the Premises shall be deemed substantially completed for purposes of this Section commencing on the Lease or such later date when they would have been substantially completed but for such delayas may be herein provided, unless sooner terminated pursuant to any provision hereof. (b) Tenant's taking Notwithstanding the foregoing, the term of this Lease shall commence upon delivery of the possession of the Premises, and the date thereof shall constitute the date of commencement of the term of this Lease. Delivery of possession of the Premises shall be conclusive evidence that the Premises were in good order, condition and repair when Tenant took possession, except for those matters (for which Landlord is responsible as provided in this Lease) occur upon written tender of which Tenant gives Landlord notice within 10 days after taking possession. Landlord shall complete or repair such matters as soon as reasonably possiblesame by Lessor. (c) If Landlord is unable delivery of possession occurs prior to deliver possession of the Premises to Tenant within 180 days after the Expected Commencement Date (the Outside Lease Commencement Date), then Tenant, as its sole remedy, may terminate the term of this Lease by notice to Landlord given within 10 days after and all obligations of this Lease, shall commence on such date of delivery of possession but the Outside Commencement Date. The Outside Commencement Date shall be extended by the period date of any delay described in Section 1(a). Landlord termination shall not be liable to Tenant or advanced. Occupancy by Lessee for any third party for its failure to deliver possession of purpose shall constitute an acknowledgement that the Building and Premises to Tenant. If the Commencement Date does not occur within one year after the Expected Commencement Date, this Lease shall terminate have been satisfactorily completed and Landlord and Tenant Lessor shall have no further obligations responsibility with respect to construction except as herein expressly set forth. Lessee's execution and delivery to Lessor prior to its occupancy of the Premises of a "Certificate of Lessee's Acceptance of Occupancy" letter shall be deemed to be conclusive as to the other, except as may otherwise be provided in commencement of the term and Lessee's obligations under this Lease. (d) After The actual date of commencement (the "Commencement Date") shall be confirmed by the parties by initialing the lower portion of the Basic Lease Provisions, after insertion of the Commencement Date has been determinedand expiration date of the Lease, Landlord and Tenant shall execute a supplemental agreement specifying promptly following such commencement, but failure of Lessee to acknowledge the Commencement Date, Termination Date and such other information as Landlord established pursuant to this Article shall reasonably requirenot affect any obligation of Lessee hereunder or Lessor's determination of the Commencement Date pursuant to this Article 2.

Commencement of Term. (a) 2.1 The Premises demised premises shall be completed and prepared for Tenant's occupancy in the manner, and subject to the terms, conditions and covenants, set forth in Exhibit D and Exhibit D-l annexed hereto. 2.2 The demised premises shall be deemed substantially completed upon the issuance of a certificate of substantial completion by ready for occupancy when (i) "Landlord's architect or Work" (as such term is defined in Section 2.1 of Exhibit D annexed hereto) shall have been substantially completed and (ii) a certificate of occupancy or similar certificate or permit (temporary or final) shall have been issued by the appropriate local building authority, notwithstanding authority permitting lawful occupancy of the demised premises. Landlord's Work shall be deemed to have been substantially completed (A) despite the fact that minor or insubstantial details of construction, decoration or mechanical adjustment or decoration remain to be performed. If , provided the substantial completion demised premises are accessible and usable consistent with the intended use of the Premises by demised premises (Landlord is delayed in any way by Tenant will diligently complete such details of construction, decoration or Tenantmechanical adjustment), and (B) if Landlord's Representatives, the Premises shall be deemed substantially completed for purposes of this Section on the date when they would have Work has been substantially completed but except for such delay. portions thereof which under good construction scheduling practice should be done after still uncompleted work which Tenant wishes to perform at the demised premises. "Minor or insubstantial details of construction" as used in clause (bA) Tenant's taking possession of the Premises immediately preceding sentence shall be conclusive evidence that the Premises were in good order, condition and repair when Tenant took possession, except for those matters (for which Landlord is responsible as provided in this Lease) of which Tenant gives Landlord notice within 10 days after taking possession. Landlord shall complete or repair such matters as soon as reasonably possible. (c) If Landlord is unable to deliver possession not include installation of the Premises ceiling, lighting fixtures, carpeting, walls or doors at the demised premises pursuant to Tenant within 180 days after the Expected Commencement Date (the Outside Commencement Date), then Tenantrequirements of Exhibit D-l annexed hereto. If, as its sole remedy, may terminate this Lease by notice to Landlord given within 10 days after the Outside Commencement Date. The Outside Commencement Date shall be extended by the period of any delay described in Section 1(a). Landlord shall not be liable to Tenant or any third party for its failure to deliver possession of the Premises to Tenant. If the Commencement Date does not occur within one year after the Expected Commencement Date, this Lease shall terminate and Landlord and Tenant shall have no further obligations to the other, except as may otherwise be provided in this Lease. (d) After the Commencement Date has been determined, Landlord and Tenant shall execute a supplemental agreement specifying the Commencement Date, Termination Date and such other information as Landlord shall reasonably requirehave obtained only a temporary certificate of occupancy with respect to the demised premises, Landlord shall diligently thereafter obtain a permanent certificate of occupancy therefor.

Commencement of Term. (a) The Premises Lease shall be deemed substantially completed effective as of the Effective Date, and shall continue thereafter for the period of the Lease Term set forth in Section 1.3, which Lease Term shall be computed from the first day of the first full calendar month immediately following the Rent Commencement Date or from the Rent Commencement Date if the Rent Commencement occurs on the first day of the month, unless sooner terminated as hereinafter provided. The term "Lease Year" shall mean each consecutive twelve (12) month period from and after the Rent Commencement Date until expiration of the Lease Term. The term "Lease Term" shall collectively mean the original Lease Term and any Options duly and timely exercised by Tenant. Xxxxxx agrees to accept possession of the Premises upon the issuance of a certificate of substantial completion by Landlord's architect or a certificate of occupancy by the local building authority, notwithstanding that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed. If the substantial completion of the Premises by "Landlord's Work" as described in Exhibit "C" (“Delivery Date”). Notice from Landlord is delayed of the substantial completion of Landlord's Work in any way by Tenant or Tenant's Representatives, the Premises in accordance with Exhibit "C" shall be deemed substantially completed for purposes of this Section on conclusive and binding upon the date when they would have been substantially completed but for parties hereto. If Landlord inadvertently fails to give Tenant such delay. (b) Tenant's notice prior to Tenant taking possession of the Premises Premises, such notice shall be conclusive evidence deemed given as of the date Tenant takes possession of the Premises. In the event that the Premises were in good order, condition and repair when Tenant took possession, except for those matters (for which Landlord is responsible as provided in this Lease) of which Tenant gives Landlord notice within 10 days after taking possession. Landlord shall complete or repair such matters as soon as reasonably possible. (c) If Landlord is unable to deliver has not delivered possession of the Premises to Tenant within 180 days after two (2) years from the Expected Commencement Date (the Outside Commencement Date), then Tenant, as its sole remedy, may terminate this Lease by notice to Landlord given within 10 days after the Outside Commencement Date. The Outside Commencement Date shall be extended by the period of any delay described in Section 1(a). Landlord shall not be liable to Tenant or any third party for its failure to deliver possession of the Premises to Tenant. If the Commencement Date does not occur within one year after the Expected Commencement Effective Date, this Lease shall terminate automatically terminate, and Landlord and Tenant shall have no further obligations be relieved from any and all liability hereunder. Such automatic termination shall be Tenant's sole and exclusive remedy at law or in equity for Landlord's failure to the other, except as complete Landlord's Work on a timely basis. Landlord may otherwise be provided in give Tenant thirty (30) days to terminate this Lease. (d) After the Commencement Date has been determined, Landlord and Tenant shall execute a supplemental agreement specifying the Commencement Date, Termination Date and such other information as Landlord shall reasonably require.

Commencement of Term. (a) The Premises "Commencement Date" of the Term shall be deemed substantially completed upon the issuance later of a certificate (i)April 1, 2000; or (ii) the date on which Landlord delivers the demised premises to Tenant vacant, broom clean, free of substantial completion by tenancies and with Landlord's architect or a certificate of occupancy by the local building authorityWork (as hereafter defined), notwithstanding that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed. If the substantial completion of the Premises by Landlord is delayed in any way by Tenant or Tenant's Representatives, the Premises shall be deemed substantially completed for purposes of this Section on the date when they would have been substantially completed but for such delaycompleted. (b) Tenant's taking possession of the Premises The "Rent Commencement Date" shall be conclusive evidence that two months after the Premises were in good order, condition and repair when Tenant took possession, except for those matters (for which Landlord is responsible as provided in this Lease) of which Tenant gives Landlord notice within 10 days after taking possession. Landlord shall complete or repair such matters as soon as reasonably possibleCommencement Date. (c) If Landlord is unable to deliver possession The "Expiration Date" of the Premises to Tenant within 180 days after Term shall be the Expected Commencement Date (day before the Outside Commencement Date), then Tenant, as its sole remedy, may terminate this Lease by notice to Landlord given within 10 days after 15th anniversary of the Outside Commencement Date. The Outside For purposes of this Lease, a "lease year" shall mean each twelve month period commencing on the Commencement Date and each anniversary thereof. 2.02. Landlord shall be extended by deliver the period demised premises to Tenant on the Commencement Date, vacant, broom clean and free of any delay described in Section 1(arights of tenants and occupants. Landlord shall perform only the work set forth on EXHIBIT B annexed hereto (hereinafter referred to as "Landlord's Work"). Except for the Landlord's Work, Landlord shall not be liable required to perform any work or expend any services to prepare the demised premises or the Building for Tenant's occupancy. All other installations, materials and work which may be required by Tenant or any third party to prepare, equip, decorate and furnish the demised premises for its failure to deliver possession Tenant's occupancy shall be done by Tenant at Tenant's expense and are hereinafter called "Tenant's Extra Work". All Tenant's Extra Work shall be subject to, and conform with, the provisions of the Premises to Tenant. If the Commencement Date does not occur within one year after the Expected Commencement Date, this Lease shall terminate and Landlord and Tenant shall have no further obligations to the other, except as may otherwise be provided in this Lease. (d) After the Commencement Date has been determined, Landlord and Tenant shall execute a supplemental agreement specifying the Commencement Dateincluding, Termination Date and such other information as but not limited to, Article 6. Landlord shall reasonably requirereimburse Tenant for the cost of certain of Tenant's Extra Work, as set forth in Section 6.09.

Commencement of Term. (a) The Premises Commencement Date set forth in Article 1 shall be deemed delayed and Rent shall be abated to the extent that Landlord fails: (i) to substantially completed upon complete the issuance of a certificate of substantial completion by Landlord's architect or a certificate of occupancy by improvements to the local building authority, notwithstanding that minor or insubstantial details of construction, mechanical adjustment or decoration remain Premises required to be performed. If the substantial completion of the Premises performed by Landlord is delayed in any way by Tenant under the attached Work Agreement, or Tenant's Representatives, the Premises shall be deemed substantially completed for purposes of this Section on the date when they would have been substantially completed but for such delay. (bii) Tenant's taking possession of the Premises shall be conclusive evidence that the Premises were in good order, condition and repair when Tenant took possession, except for those matters (for which Landlord is responsible as provided in this Lease) of which Tenant gives Landlord notice within 10 days after taking possession. Landlord shall complete or repair such matters as soon as reasonably possible. (c) If Landlord is unable to deliver possession of the Premises for any other reason, except to Tenant within 180 days after the Expected Commencement Date (the Outside Commencement Date), then extent that Tenant, its contractors, agents or employees or Tenant Delays (as its sole remedydefined in the Work Agreement) in any way contribute to either such failures. If Landlord so fails for a sixty (60) day initial grace period, or such additional time as may be necessary due to fire or other casualty, strikes, lock outs or other labor troubles, shortages of equipment or materials, governmental requirements, power shortages or outages, acts or omissions of Tenant or other Persons, or other causes beyond Landlord's reasonable control, which shall, in no event, extend such initial grace period beyond a maximum of one hundred twenty (120) days of delay in the aggregate, Tenant shall have the right to terminate this Lease by at least thirty (30) days' written notice to Landlord given any time thereafter provided, however, that if Landlord substantially completes the improvements and delivers the Premises to Tenant within 10 days after said notice period, Tenant's termination of the Outside Commencement DateLease shall be null and void and of no force or effect. The Outside Any such delay in the Commencement Date shall not subject Landlord to liability for loss or damage resulting therefrom, and Tenant's sole recourse with respect thereto shall be extended by the period abatement of Rent and right to terminate this Lease described above. Upon any delay described in Section 1(a). such termination, Landlord and Tenant shall not be liable to Tenant or entirely relieved of their obligations hereunder, and any third party for its failure to deliver possession of the Premises Security Deposit and Rent payments shall be returned to Tenant. If the Commencement Date does is delayed, the Expiration Date shall not occur within one year after the Expected Commencement Datebe similarly extended, this Lease shall terminate and unless Landlord and Tenant mutually agree in writing. During any period that Tenant shall have no further obligations be permitted to enter the other, except as may otherwise be provided in this Lease. (d) After Premises prior to the Commencement Date has been determinedother than to occupy the same (e.g., Landlord to perform alterations or improvements), Tenant shall comply with all terms and provisions of this Lease, except those provisions requiring the payment of Rent. Tenant shall be permitted to enter the portions of the Premises consisting of the second floor and the data center on the third floor upon substantial completion of same and Tenant shall execute a supplemental agreement specifying comply with all the terms and provisions of this Lease regarding such occupancy except that Rent shall be prorated based on the number of rentable square feet occupied by Tenant. If Tenant shall be permitted to enter other portions of the Premises prior to the Commencement DateDate for the purpose of occupying same, Termination Date Tenant shall comply with all the terms and provisions of this Lease regarding such occupancy of such other information as Landlord portions except that Rent shall reasonably requirebe likewise prorated based on the number of rentable square feet occupied by Tenant.

Commencement of Term. (a) The Premises License Commencement Date set forth in Article 1 shall be deemed substantially completed upon the issuance of a certificate of substantial completion by Landlord's architect or a certificate of occupancy by the local building authority, notwithstanding that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed. If the substantial completion of the Premises by Landlord is delayed in any way by Tenant or Tenant's Representatives, the Premises and Rent shall be deemed substantially completed for purposes of this Section on abated to the date when they would have been substantially completed but for such delay. (b) Tenant's taking possession of the Premises shall be conclusive evidence extent that the Premises were in good order, condition and repair when Tenant took possession, except for those matters (for which Landlord is responsible as provided in this Lease) of which Tenant gives Landlord notice within 10 days after taking possession. Landlord shall complete or repair such matters as soon as reasonably possible. (c) If Landlord is unable fails to deliver possession of the-Roof Premises on the Premises to Tenant within 180 days after the Expected Commencement Date (the Outside License Commencement Date), then except to the extent that Tenant, its contractors, agents or employees in any way contribute to such failure. If Landlord so fails for a ninety (90) day initial grace period, or such additional time as may be necessary due to strikes, acts of God, shortages of materials, acts or omissions of Tenant, its sole remedycontractors, may agents or employees, or other causes beyond Landlord's reasonable control, Tenant shall have the right to terminate this Lease Agreement by written notice to Landlord given within 10 days after any time thereafter up until Landlord delivers the Outside Commencement DateRoof Premises to Tenant. The Outside Any such delay in the License Commencement Date shall not subject Landlord to any liability for any loss or damage resulting therefrom, and Tenant's sole recourse with respect thereto shall be extended by the period abatement of Rent and Tenant's right to terminate described above. Upon any delay described in Section 1(a). Landlord such termination, Licensor and Tenant shall not be liable to Tenant or entirely relieved of their obligations hereunder, and any third party for its failure to deliver possession of the Premises Security Deposit and Rent payments hereunder shall be returned to Tenant. If the License Commencement Date does is delayed, the License Expiration Date shall not occur within one year after be similarly extended, unless the Expected parties expressly agree in writing. During any period that Tenant shall be permitted to enter the Roof Premises prior to the License Commencement Date, this Lease shall terminate and Landlord and Tenant shall have no further obligations to comply with all terms and provisions of the other, except as may otherwise be provided in Lease and this LeaseAgreement and Rent shall commence on such date. (d) After the Commencement Date has been determined, Landlord and Tenant shall execute a supplemental agreement specifying the Commencement Date, Termination Date and such other information as Landlord shall reasonably require.

Commencement of Term. (a) The Premises Commencement Date set forth in Article I shall be deemed delayed and Rent shall be abated to the extent that Landlord fails: (i) to substantially completed upon complete any improvements to the issuance of a certificate of substantial completion by Landlord's architect or a certificate of occupancy by the local building authority, notwithstanding that minor or insubstantial details of construction, mechanical adjustment or decoration remain Premises required to be performed. If the substantial completion of the Premises performed by Landlord is delayed in under any way separate agreement signed by Tenant both parties, or Tenant's Representatives, the Premises shall be deemed substantially completed for purposes of this Section on the date when they would have been substantially completed but for such delay. (bii) Tenant's taking possession of the Premises shall be conclusive evidence that the Premises were in good order, condition and repair when Tenant took possession, except for those matters (for which Landlord is responsible as provided in this Lease) of which Tenant gives Landlord notice within 10 days after taking possession. Landlord shall complete or repair such matters as soon as reasonably possible. (c) If Landlord is unable to deliver possession of the Premises for any other reason including but not limited to Tenant within 180 days after holding over by prior occupants, except to the Expected Commencement Date (the Outside Commencement Date), then extent that Tenant, as its sole remedycontractors, may agents or employees in any way contribute to either such failures. If Landlord so fails for a thirty (30) day initial grace period, Tenant shall have the right to terminate this Lease by written notice to Landlord given within 10 days after any time thereafter up until Landlord substantially completes any such improvements and delivers the Outside Commencement DatePremises to Tenant. The Outside Any such delay in the Commencement Date shall not subject Landlord to liability for loss or damage resulting therefrom, and Tenant's sole recourse with respect thereto shall be extended by the period abatement of Rent and right to terminate this Lease described above. Upon any delay described in Section 1(a). such termination, Landlord and Tenant shall not be liable to Tenant or entirely relieved of their obligations hereunder, and any third party for its failure to deliver possession of the Premises Security Deposit and Rent payments shall be returned to Tenant. If the Commencement Date does is delayed, the Expiration Date shall not occur within one year after be similarly extended, unless Landlord shall so elect (in which case, the Expected Commencement Date, this Lease parties shall terminate and Landlord and confirm the same in writing). During any period that Tenant shall have no further obligations be permitted to enter the other, except as may otherwise be provided in this Lease. (d) After Premises prior to the Commencement Date other than to occupy the same (e.g., to perform alterations or improvements), Tenant shall comply with all terms and provisions of this Lease, except those provisions requiring the payment of Rent. Tenant shall be permitted to enter the Premises during the period of Landlord's construction after Landlord has given Tenant notice that Landlord's Work has been determined, Landlord substantially completed or completed to the point at which Tenant's occupancy will not affect the completion of Landlord's Work and notwithstanding the fact that Tenant shall execute so enters the Premises or a supplemental agreement specifying portion thereof prior to the Commencement DateDate for the purpose of occupying the same, Termination Rent shall not commence on such date in the event Landlord's notice is given to Tenant after January 1, 1997, the Commencement Date shall be delayed and the Expiration Date shall be extended by the number of days between January 1, 1997 and the date on which such other information as Landlord shall reasonably requirenotice is given to Tenant.