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. (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. 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 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 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 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 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) 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. 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. 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 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. 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 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 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) 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. (a) The Premises shall be deemed substantially completed Subject to and 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 terms and repair when Tenant took possession, except for those matters (for which Landlord is responsible as provided conditions set forth in this Lease) , the term 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 shall be for a period specified in the Outside Summary as Lease Term, commencing upon the date specified in the Summary as the Lease Commencement Date. The Outside Commencement Date shall be extended by Upon 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 Lease 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 Notice of Lease Term Dates, as shown in Exhibit E attached hereto and made a part hereof setting forth, among other things, the Lease Commencement Date, Termination Date and the Lease Expiration Date. Landlord and Tenant presently anticipate that substantial completion of the Tenant Improvements (as defined in Exhibit C) will occur and possession of the Premises will be tendered to Tenant in the condition required by this Lease on or about May 17, 2014. If Substantial Completion (as defined in Exhibit C) of the Tenant Improvements has not occurred (and possession of the Premises delivered to Tenant) by the Outside Delivery Date (as defined below), then Tenant shall be entitled by notice in writing to Landlord thereafter to cancel this Lease, in which event, (A) Tenant shall be permitted to retain possession of the Temporary Space (as defined below) for a period of up to six (6) months following the date of such other information notice on all of terms and conditions set forth in Article 22 below (including the payment of Base Rent as set forth in Article 22 below; provided that the amount of the monthly Base Rent shall instead be $44,758.00); provided, that, during such six (6) month period, Tenant may vacate the Temporary Space at any time and Tenant's obligation to pay Base Rent (as set forth in Article 22 below) shall cease and be prorated as of the date Tenant vacates the Temporary Space, (B) after the date Tenant vacates the Temporary Space, the parties shall be discharged from all obligations hereunder and (C) Landlord shall reasonably requirereturn any prepaid rent and the security deposit forth with to Tenant; provided further, however, that if Substantial Completion of the Tenant Improvements and delivery of possession of the Premises to Tenant occurs, then Tenant's right to cancel this Lease hereunder shall terminate and be of no further force or effect. The term "Outside Delivery Date" initially means October 17, 2014, but shall be extended by one day for every one day in delay in substantial completion of the Tenant Improvements caused by (i) Tenant Delays (as defined in Exhibit C) and/or (ii) any other one or more Force Majeure events (as defined in Section 2.24).

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 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) 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. (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) 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) 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) 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 term of this Lease shall commence on July 1, 2004 (hereinafter called "Term Commencement Date"), provided, however, that if Tenant opens for the conduct of its business in the Premises earlier than the date specified, the term of this Lease shall then commence upon the date Tenant opens for the conduct of its business in the Premises. In the event Landlord fails to deliver the Primary Premises on or before February 15, 2004, the July 1, 2004 date set forth in the preceding sentence shall be deemed substantially completed upon the issuance of extended on a certificate of substantial completion by day-for-day basis until 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 delivery of the Premises by Landlord Primary Premises. In the event Landlord's Work is delayed in any way by Tenant not completed on or Tenant's Representativesbefore June 30, 2004, the Premises shall be deemed substantially completed for purposes July 1, 2004 date set forth in the first sentence of this Section 2.01(a) shall be extended on the date when they would have been substantially completed but for such delaya day-for-day basis until completion of Landlord's Work. (b) Tenant acknowledges the importance both to Landlord and the other tenants of the Shopping Center of Tenant opening for business to the public on the Term Commencement Date. In the event Tenant fails to open for business at the Premises on or before the Term Commencement Date or, if the Term Commencement Date has been rescheduled by Landlord, on or before the rescheduled Term Commencement Date, Tenant covenants and agrees to pay to Landlord, upon receipt of notice from Landlord of the amount due under this Section 2.01(b), as liquidated damages suffered by Landlord due to Tenant's taking possession of failure to open, a sum (in addition to any rent due hereunder) equal to twice the per diem Fixed Monthly Minimum Rent (using a thirty (30) day month) provided in Section 3.01(a) for each and every business day that Tenant has failed to open for business, provided, however, that in the event Tenant is unable to open for business at the Premises on or before the Term Commencement Date, despite Tenant's best efforts to do so, said liquidated damages shall be conclusive evidence that not begin to accrue until thirty (30) days following 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 possibleTerm Commencement Date. (c) If Landlord Notwithstanding anything contained in this Section 2.01 to the contrary, in the event that Tenant is unable to deliver possession of obtain all necessary liquor licenses on or before the Premises to Tenant within 180 date which is one hundred twenty (120) days after following the Expected Commencement Date (the Outside Term Commencement Date), then despite Tenant's diligent efforts, as its sole remedy, either Landlord or Tenant may terminate this Lease by upon thirty (30) days' written notice to Landlord given within 10 days after the Outside Commencement Dateother party. The Outside Commencement Date shall be extended by In the period of any delay described in event this Lease is terminated pursuant to this Section 1(a2.01(c). 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 be null and Landlord and Tenant shall have no further obligations to the other, except as may otherwise be provided in this Leasevoid. (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. 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 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.

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) 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.