Common use of COMPLETION AND RENTAL COMMENCEMENT DATE Clause in Contracts

COMPLETION AND RENTAL COMMENCEMENT DATE. Each of the following shall be deemed a "Tenant Delay" for the purposes of establishing the Commencement Date of the Lease: (a) Tenant's failure to have Tenant's Working Drawings prepared by Tenant's architect by September 30, 2003 or Tenant's failure to timely (in accordance with this Agreement) approve the Working Drawings and Final Tenant Improvement Cost Itemization. (b) Tenant's request for new work involving Above-Allowance Work; or (c) modifications, revisions and changes to the Tenant Space Plan or Tenant Working Drawings requested by or on behalf of Tenant; or (d) changes in the work requested by or on behalf of Tenant or orders to halt or delay the work given by or on behalf of Tenant; or (e) any delay in the completion of the work caused by Tenant's contractors or materials suppliers; or (f) any other delay of any kind or nature caused by Tenant or its contractors, architects, space planners or other agents or employees. Unless in any of the above instances there is not a substantial or materially adverse delay or if the instance causes a time savings instead of a delay, then not deemed a "Tenant Delay". In the event that Landlord reasonably believes that a Tenant Delay has occurred which will result in the Commencement Date occurring more than six (6) months after the Estimated Delivery Date, then Landlord shall have the right, in addition to any other remedy provided for in the Lease, to terminate this Lease upon written notice to Tenant and thereafter both parties shall be relieved of all obligations under the Lease thereafter accruing.

COMPLETION AND RENTAL COMMENCEMENT DATE. Each of the following shall be deemed a "Tenant Delay" Tenant's obligation for the purposes payment of establishing rent pursuant to the Lease will commence on the Commencement Date as set forth in the Lease; however, such payment of rent may be delayed in the event the substantial completion of the Leaseleasehold improvements is delayed by Landlord's actions. If, however, Tenant's occupancy and use of the Premises are delayed as a result of: (a) Tenant's failure to have Tenant's timely supply information necessary to complete the Tenant Working Drawings prepared by Tenant's architect by September 30(or revisions to such drawings), 2003 or Tenant's failure to timely (in accordance with this Agreement) approve review the Tenant Working Drawings and Final Tenant Improvement Cost Itemization.(or revisions to such drawings); or (b) Tenant's request for new work involving Above-Above- Allowance Work; or (c) modifications, revisions and changes to the Tenant Space Plan or Tenant Working Drawings requested by or on behalf of Tenant; or (d) changes in the work requested by or on behalf of Tenant or orders to halt or delay the work given by or on behalf of Tenant; or (e) any delay in the completion of the work caused by Tenant's contractors or materials suppliers; or (f) any Any other delay of any kind or nature caused by Tenant or its contractors, architects, space planners or other agents or employees. Unless in any of the above instances there is not a substantial or materially adverse delay or if the instance causes a time savings instead of a delay, then not deemed a "Tenant Delay". In the event that Landlord reasonably believes that a Tenant Delay has occurred which will result in the Commencement Date occurring more than six of the Lease shall be shortened for each calendar day of delay caused by Tenant and the Commencement Date shall be the date the Leasehold Improvements would have been substantially completed (6) months after the Estimated Delivery Date, then Landlord shall have the right, as defined in addition to any other remedy provided for in paragraph 3 of the Lease, ) had a Tenant delay not occurred. Completion of the ATM installation shall not be a condition to terminate the commencement of the term of this Lease upon written notice to Tenant and thereafter both parties shall be relieved of all obligations under the Lease thereafter accruingLease.

COMPLETION AND RENTAL COMMENCEMENT DATE. Each of the following shall be deemed a "Tenant Delay" Tenant’s obligation for the purposes payment of establishing rent pursuant to the Lease will commence on the Commencement Date as set forth in the Lease; however, such payment of rent may be delayed in the event the substantial completion of the Lease:Tenant Improvements is delayed by Landlord’s actions. If, however, Tenant’s occupancy and use of the Premises are delayed as a result of (a “Tenant Delay”): (a) Tenant's failure to have Tenant's Working Drawings prepared by Tenant's architect by September 30, 2003 or Tenant's ’s failure to timely supply information necessary to complete the Tenant Working Drawings (in accordance with this Agreementor revisions to such drawings) or to approve the Working Drawings and Final Tenant Space Plan by May 27, 2011, the Preliminary Tenant Improvement Cost Itemization.Itemization by May 27, 2011, or the Final Tenant Working Drawings or Tenant Cost Proposal within the time frame established in Paragraph 8 above; or (b) Tenant's ’s request for new work involving Above-Allowance Work; or (c) modificationsModifications, revisions and changes to the Tenant Space Plan or Tenant Working Drawings requested by or on behalf of Tenant; or (d) changes Changes in the work requested by or on behalf of Tenant or orders to halt or delay the work given by or on behalf of Tenant; or (e) any delay in the completion of the work caused by Tenant's contractors or materials suppliers; or (f) any Any other delay of any kind or nature caused by Tenant or its contractors, architects, space planners or other agents or employees. Unless in any of the above instances there is not a substantial or materially adverse delay or if the instance causes a time savings instead of a delay, then not deemed a "Tenant Delay". In the event that Landlord reasonably believes that a Tenant Delay has occurred which will result in the Commencement Date occurring more than six (6) months after of the Estimated Delivery Date, then Landlord Lease and Tenant’s obligation for the payment of rent shall have commence on the right, in addition to any other remedy provided for date set forth in the Lease regardless of any contrary provisions of the Lease, to terminate this Lease upon written notice to Tenant and thereafter both parties shall be relieved of all obligations under the Lease thereafter accruing.

COMPLETION AND RENTAL COMMENCEMENT DATE. Each of (a) Notwithstanding the following shall be deemed a "Tenant Delay" for the purposes of establishing the Target Commencement Date of the Lease: (a) , Tenant's failure to have obligation for the payment of rent under the Lease shall not commence until tile Premises are Ready for Occupancy; provided, if Landlord is delayed in substantially completing the Work as a result of delays caused by Tenant, then Tenant's Working Drawings prepared obligation to pay rent under the Lease shall commence on the date the Tenant Improvements would have been Ready for Occupancy except for the delays caused by Tenant's architect Tenant as reasonably determined by September 30, 2003 or Tenant's failure to timely (in accordance with this Agreement) approve Landlord and the Working Drawings and Final Tenant Improvement Cost ItemizationContractor. (b) For purposes of this Workletter, the phrase "delays caused by Tenant's request for new work involving Above-Allowance Work; or " means any delay that Landlord may encounter in performance of the Work as a result of (ci) modifications, revisions and delays resulting from changes in or additions to the approved Plans and Specifications or the Tenant Space Plan or Tenant Working Drawings Improvements which are requested by Tenant; (ii) delays by Tenant in the submission of information (including the Plans and Specifications) required of Tenant pursuant to this Workletter, or on behalf the giving of authorizations or approvals within any time limits set forth in this Workletter; (iii) delays due to the postponement of any of the Work at the request of Tenant; or or (div) changes in delays otherwise attributable to the work requested by acts or on behalf omissions of Tenant or orders to halt or delay the work given by or on behalf of Tenant; or (e) any delay in the completion of the work caused by Tenant's contractors or materials suppliers; or (f) any other delay of any kind or nature caused by Tenant tenant or its contractorsemployees, architects, space planners or other agents or employees. Unless in any of the above instances there is not a substantial or materially adverse delay or if the instance causes a time savings instead of a delay, then not deemed a "Tenant Delay". In the event that Landlord reasonably believes that a Tenant Delay has occurred which will result in the Commencement Date occurring more than six (6) months after the Estimated Delivery Date, then Landlord shall have the right, in addition to any other remedy provided for in the Lease, to terminate this Lease upon written notice to Tenant and thereafter both parties shall be relieved of all obligations under the Lease thereafter accruingcontractors.

COMPLETION AND RENTAL COMMENCEMENT DATE. Each of the following following, to the extent they actually cause a delay, shall be deemed a "Tenant DelayTENANT DELAY" for the purposes of establishing the Commencement Date of the Lease:Lease (a "TENANT DELAY" shall not be deemed to have occurred unless Landlord has provided Tenant with written notice of such situation): (a) Tenant's failure to have Tenant's timely supply information necessary to complete the Tenant Working Drawings prepared by Tenant's architect by September 30, 2003 (or Tenant's failure revisions to timely (in accordance with this Agreementsuch drawings) or to approve the Tenant Space Plan or the Final Tenant Working Drawings and Final or Tenant Improvement Cost Itemization.Proposal within the time frame established herein; or (b) Tenant's request for new work involving Above-Allowance WorkWork after final approval of Tenant Working Drawings; or (c) modifications, revisions and changes to the Tenant Space Plan or Tenant Working Drawings requested by or on behalf of Tenant; or (d) changes in the work requested by or on behalf of Tenant or orders to halt or delay the work given by Tenant unless due to a deficiency in Landlord's Work or on behalf the act or omission of TenantLandlord; oror . (e) any delay in the completion of the work caused by Tenant's contractors or materials suppliers; or (f) any other delay of any kind or nature caused by Tenant or its contractors, architects, space planners or other agents or employees. Unless in any of the above instances there is not a substantial or materially adverse delay or if the instance causes a time savings instead of a delay, then not deemed a "Tenant Delay". In the event that Landlord reasonably believes that a Tenant Delay has occurred which will result in the Commencement Date occurring more than six (6) months after the Estimated Delivery Date, then Landlord shall have the right, in addition to any other remedy provided for in the Lease, to terminate this Lease upon written notice to Tenant and thereafter both parties shall be relieved of all obligations under the Lease thereafter accruing.