Common use of Completion of Premises Clause in Contracts

Completion of Premises. (a) Landlord has agreed to complete the Premises as more fully set forth in a work letter (the "Work Letter") attached hereto and incorporated herein as Exhibit D. Other than as set forth in the Work Letter and this Lease, Landlord shall have no obligation for the completion of the Premises, and Tenant shall accept the Premises in its "as is" condition on the Commencement Date. Landlord shall not have any obligation for the repair or replacement of any portions of the interior of the Premises, including but not limited to carpeting, draperies, window coverings, wallcoverings or painting, which are damaged or wear out during the term hereof, regardless of the cause therefor, except as may otherwise be specifically set forth in this Lease. If the Premises are not Ready for Occupancy (as hereafter defined) on the Commencement Date, unless such delay is caused by Tenant, its agents or employees, the rental obligations hereunder shall not commence until the Premises are Ready for Occupancy, whereupon, this Lease and all covenants, conditions and terms hereof shall be in full force and effect; and the Termination Date hereof shall be postponed as set forth in paragraph 2(b). The postponement of the rent and term herein provided for such period shall be in full settlement for all claims which Tenant might have by reason of the Premises not being Ready for Occupancy on the Commencement Date. If Tenant wishes to take possession of all or any part of the Premises prior to the date the Premises are Ready for Occupancy, it must first secure the prior written consent of Landlord and such occupancy shall in no way hinder, delay or interfere with Landlord's work in completion of the Premises, and in such event, all terms and provisions of this Lease, including the obligation to pay rent at a rate equal to the monthly rate provided in Paragraph 3 (prorated accordingly) shall apply. "

Completion of Premises. (a) Landlord has agreed to complete make certain improvements to the Premises as more fully full), set forth in a work letter (the "Work Letter") attached hereto and incorporated herein as Exhibit D. Other than as set forth in the Work Letter and this LeaseLetter, Landlord shall have no obligation for the completion of any improvements to the Premises, and Tenant shall accept the Premises in its "as is" condition on the Commencement DateDate ABSENT PUNCH LIST ITEMS AND LATENT DEFECTS. Landlord shall not have any obligation for the repair or replacement of any portions of the interior of the Premises, including but not limited to carpeting, draperies, window coverings, wallcoverings or painting, which are damaged or wear out during the term hereof, regardless of the cause therefor, except as may otherwise be specifically set forth in this Lease. If the Premises are not Ready for Occupancy (as hereafter defined) on the Commencement Date, unless such delay is caused by Tenant, its agents or employees, the rental obligations hereunder shall not commence until the Premises are Ready for Occupancy, whereupon, this Lease and all covenants, conditions and terms hereof shall be in full force and effect; and the Termination Date hereof shall be postponed as set forth in paragraph 2(b). The postponement of the rent and term herein provided for such period shall be in full settlement for all claims which Tenant might have by reason of the Premises not being Ready for Occupancy on the Commencement Date. If Tenant wishes to take possession of all or any part of the Premises prior to the date the Premises are Ready for Occupancy, it must first secure the prior written consent of Landlord and such occupancy shall in no way hinder, delay or interfere with Landlord's work in completion of the Premises, and in such event, all terms and provisions of this Lease, including the obligation to pay rent at a rate equal to the monthly rate provided in Paragraph 3 (prorated accordingly) shall apply. "

Completion of Premises. (a) Landlord has agreed to complete the Premises as more fully set forth in a work letter (the "Work Letter") attached hereto plans and incorporated herein as Exhibit D. Other than as set forth in the Work Letter specifications to be prepared by Landlord and this Lease, Landlord shall have no obligation for approved by Tenant. In connection with the completion of the Premises, Landlord shall contribute the sum of $27.50 per rentable square foot in connection with the installation of: (i) suite entrance door; (ii) partitions; (iii) interior doors; (iv) ceiling treatment; (v) wall treatment; (vi) window covering treatment; (vii) floor treatment; (viii) light fixtures; (ix) light switches; (x) electrical wall outlets; (xi) telephone outlets; (xii) sound conditioning; and (xiii) any other improvements over and above, and alterations to, the standard building shell necessary to prepare the Premises for Tenant's occupancy. In the event, Tenant does not utilize the entire contribution available from Landlord, the amount not used by Tenant shall accept the Premises in its "as is" condition on the Commencement Datebe a credit against rent and other charges owed by Tenant under this Lease. In any event, Landlord shall not have any obligation for the repair or replacement of any portions of the interior of the Premises, including but not limited to carpeting, draperies, window coverings, wallcoverings or painting, Premises which are damaged or wear out during the term hereof, regardless of the cause therefor, including, but not limited to, carpeting, draperies, window coverings, wall coverings, painting or any of Tenant's Property or betterments in the Premises, except as may otherwise be specifically set forth in this Lease. If Except as otherwise provided in Paragraph 3 of this Lease, the Premises are not Ready for Occupancy (as hereafter defined) on postponement of rent and extension of the Commencement Date, unless such delay is caused by Tenant, its agents or employees, the rental obligations hereunder shall not commence until the Premises are Ready for Occupancy, whereupon, this Lease and all covenants, conditions and terms hereof shall be in full force and effect; and the Termination Date hereof shall be postponed as set forth in paragraph 2(b). The postponement of the rent and term herein provided for such period shall be in full settlement for all claims which Tenant might have by reason of the Premises not being Ready for Occupancy on the Commencement Datehave. If Tenant wishes to take possession of all or any part of the Premises prior to the date the Premises are Ready for Occupancy, it must first secure the prior written consent of Landlord and such occupancy shall in no way hinder, delay or interfere with Landlord's work in completion of the Premises, and in such event, all terms and provisions of this Lease, including the obligation to pay rent at a rate equal to the monthly rate provided in Paragraph 3 (prorated accordingly) Lease shall apply. "

Completion of Premises. (a) Landlord has agreed to complete If, for any reason, the Leased Premises as more fully set forth in a work letter (shall not be ready for occupancy by Tenant on January 1, 2001, the "Work Letter") attached hereto and incorporated herein as Exhibit D. Other than as set forth in the Work Letter and this Lease, Landlord shall have no obligation grant to Tenant three (3) days rent abatement for the completion of the Premises, and Tenant shall accept the Premises in its "as is" condition on the Commencement Date. Landlord shall not have any obligation for the repair or replacement of any portions of the interior of the Premises, including but not limited to carpeting, draperies, window coverings, wallcoverings or painting, which are damaged or wear out during the term hereof, regardless of the cause therefor, except as may otherwise be specifically set forth in this Lease. If the Premises are not Ready for Occupancy each one (as hereafter defined1) on the Commencement Dateday delay, unless such delay is caused directly by Tenant, its agents or employees, the rental obligations hereunder result thereof being that Tenant's obligation to pay rent shall not commence until those aforementioned abated days after the Leased Premises are Ready ready for Occupancyoccupancy, whereupon, whereupon this Lease lease and all covenants, conditions and terms hereof agreements herein shall be in given full force and effect; : and the Termination Date hereof shall be postponed as set forth in paragraph 2(b). The postponement abatement of the rent and term herein provided for such period prior to delivery of Leased Premises to Tenant or occupancy, as above set out, shall be in full settlement for of all claims which Tenant might otherwise have by reason of the Leased Premises not being Ready ready for Occupancy occupancy on the Commencement Date. If Tenant wishes to take possession of all or any part date of the Premises prior to commencement of the date term as set forth herein. It is expressly agreed that Landlord shall not be liable for any claims, damages or liabilities in connection therewith, other than abatement of rent. No delay in the Premises are Ready for Occupancy, it must first secure the prior written consent of Landlord and such occupancy shall in no way hinder, delay or interfere with Landlord's work in completion of the PremisesLeased Premises resulting from delay or failure on the part of Tenant in furnishing information or other matters required, and in such eventno delay resulting from completion of work, all terms and provisions of this Leaseif any, including that is to be performed it Tenant's expense shall delay the obligation to pay rent at a rate equal to the monthly rate provided lease commencement date or lease expiration date is other than as set forth in Paragraph 3 (prorated accordingly) 2 hereof, then upon request by either Landlord or Tenant, both parties shall apply. "execute, acknowledge, and deliver a certificate setting forth the actual commencement date and expiration date.

Completion of Premises. The Premises shall be completed in accordance with the Work Letter attached hereto as Exhibit C (the “Work Letter”). Landlord shall notify Tenant in writing within thirty (30) days of Landlord’s receipt of all permits required to begin the Premises Work (as defined in the Work Letter) (the “Permit Notice”). The “Target Date” shall be the date that is ninety (90) days after Landlord’s delivery to Tenant of the Permit Notice (the “Target Date”). Except as expressly set forth herein, if the Premises are not Substantially Completed (as defined in the Work Letter) and delivered to Tenant on or before the Target Date for any reason, whether or not within Landlord’s control, Landlord shall not be subject to any liability to Tenant and no such failure to deliver the Premises by the Target Date or any other date shall in any respect affect the validity or continuance of this Lease or any obligations of Tenant hereunder or extend the Term. Reference is hereby made to that certain Agreement of Lease (the “Current Lease”) between Tenant as tenant and 3190 Tremont LLC as landlord (the “Current Landlord”) executed on April 2, 2009, and Tenant represents and warrants that a true, accurate and complete copy of the Current Lease is attached hereto as Exhibit L. In no event shall Tenant notify Current Landlord of its decision to terminate the Existing Lease, a copy of which termination notice shall be provided simultaneously to Landlord, prior to Tenant’s receipt of the Permit Notice. In the event the Commencement Date does not occur within ninety (90) days of Landlord’s delivery to Tenant of the Permit Notice, Landlord will promptly reimburse Tenant (but in any event within ten (10) business days following Tenant’s notice thereof to Landlord) for the incremental, actual, out of pocket costs and expenses incurred by Tenant due to such delay, including (a) any holdover rent or holdover damages payable by Tenant under the Current Lease, provided that Landlord has agreed shall have the right to complete contact Current Landlord directly to mitigate or verify such damages and Tenant shall cooperate with Landlord at no out of pocket cost to Landlord in such efforts and (b) warehousing, storage, moving and subcontractor expenses, provided that Tenant shall use commercially reasonable efforts to mitigate the same. If the Commencement Date does not occur within one hundred twenty (120) days of Landlord’s delivery to Tenant of the Permit Notice, then Landlord shall also credit Tenant with one day of free Rent (which shall be applied commencing on the first (1st) day of the sixth (6th) month of the Term) for each day that the Commencement Date is delayed beyond such one hundred twenty (120) day period. If the Commencement Date does not occur within one hundred fifty (150) days of Landlord’s delivery to Tenant of the Permit Notice, then Tenant shall have the right to terminate the Lease upon written notice to Landlord, provided that Tenant may not deliver such termination to Landlord at any time after Landlord notifies Tenant in writing that the Premises as more fully set forth in a work letter are Substantially Completed. Within fifteen (15) days following Substantial Completion of the "Work Letter") attached hereto and incorporated herein as Exhibit D. Other than as set forth in the Work Letter and this LeasePremises, Landlord shall have no obligation for the completion Premises measured by Space Design, Incorporated in accordance with the Space Design methodology described on Exhibit I attached hereto. If the rentable area of the Premises as so measured and certified is different than the area indicated in the Preamble, the Fixed Basic Rent and Tenant’s Operating Expenses Share shall be adjusted to reflect the actual rentable area of the Premises, but in no event shall the Fixed Basic Rent and Tenant shall accept the Premises in its "as is" condition on the Commencement Date. Landlord shall not have any obligation for the repair or replacement of any portions Tenant’s Operating Expenses Share be increased by more than one hundred and three percent (103%) of the interior of the Premises, including but not limited to carpeting, draperies, window coverings, wallcoverings or painting, which are damaged or wear out during the term hereof, regardless of the cause therefor, except as may otherwise be specifically amounts set forth in this Lease. If the Premises are not Ready for Occupancy (Lease as hereafter defined) on the Commencement Date, unless such delay is caused by Tenant, its agents or employees, the rental obligations hereunder shall not commence until the Premises are Ready for Occupancy, whereupon, this Lease and all covenants, conditions and terms hereof shall be in full force and effect; and the Termination Date hereof shall be postponed as set forth in paragraph 2(b). The postponement of the rent and term herein provided for such period shall be in full settlement for all claims which Tenant might have by reason of the Premises not being Ready for Occupancy on the Commencement Date. If Tenant wishes to take possession of all or any part of the Premises prior to the date the Premises are Ready for Occupancy, it must first secure the prior written consent of Landlord and such occupancy shall in no way hinder, delay or interfere with Landlord's work in completion of the Premises, and in such event, all terms and provisions of this Lease, including the obligation to pay rent at a rate equal to the monthly rate provided in Paragraph 3 (prorated accordingly) shall apply. "hereof.

Completion of Premises. (a) Landlord has agreed to complete The Building and the Premises shall be completed in accordance with the Work Letter attached hereto as more fully set forth in a work letter Exhibit C --------- (herein called the "Work Letter") attached hereto at Landlord's expense. All necessary work shall be commenced promptly following Landlord's execution of this Lease and incorporated herein as Exhibit D. Other than as shall be substantially completed on the Occupancy Date set forth in the Work Letter and this LeasePreamble; provided, Landlord shall have no obligation however, that the time for the substantial completion of the PremisesBuilding and the Premises shall be extended for additional periods of time equal to the time lost by Landlord or Landlord's contractors, subcontractors or suppliers due to strikes or other labor troubles; Tenant Delay (as defined in Exhibit C); governmental restrictions and limitations; unavailability or delays --------- in obtaining fuel, labor or materials; war or other national emergency; accidents; floods; defective materials; fire damage or other casualties; adverse weather conditions; the inability to obtain building or use and occupancy permits; or any cause similar or dissimilar to the foregoing which is beyond the reasonable control of Landlord or Landlord's contractors, subcontractors or suppliers ("Force Majeure"); provided further, however, that for Landlord to claim that a Force Majeure prevented timely achievement of substantial completion (i) Landlord must provide written notice of the applicable event to Tenant within 48 hours of its occurrence, which notice shall specify the Force Majeure event and the anticipated effect on the date of substantial completion, and Tenant shall accept (ii) an actual delay in substantial completion must have occurred which but for the Force Majeure event would not have occurred. The Building and the Premises shall be deemed substantially completed when (i) all of the work and installations required to improve the Building and Premises as delineated in the Work Letter ("Landlord Work") are completed in conformity with such Work Letter (subject, in the case of the Premises Work (as defined in Exhibit C) to minor dimensional variations due to --------- construction being carried out within an existing structure and "punch list" items as described below), and the HVAC (and all building utilities) shall be in good working order and be functioning in accordance with operating standards described in the Lease or in the Work Letter but in all events and in all aspects necessary to permit Tenant to occupy and fully utilize the Building and the Premises for its "as is" condition on intended use, and (ii) Tenant has received from Landlord all permits required for lawful use and occupancy of the Commencement DatePremises by the Tenant (punchlist items alone excepted). Landlord shall notify Tenant in writing approximately forty-five (45) days in advance and again not have any obligation for the repair or replacement of any portions of the interior of the Premises, including but not limited to carpeting, draperies, window coverings, wallcoverings or painting, which are damaged or wear out during the term hereof, regardless of the cause therefor, except as may otherwise be specifically set forth in this Lease. If the Premises are not Ready for Occupancy later than ten (as hereafter defined10) on the Commencement Date, unless such delay is caused by Tenant, its agents or employees, the rental obligations hereunder shall not commence until the Premises are Ready for Occupancy, whereupon, this Lease and all covenants, conditions and terms hereof shall be in full force and effect; and the Termination Date hereof shall be postponed as set forth in paragraph 2(b). The postponement of the rent and term herein provided for such period shall be in full settlement for all claims which Tenant might have by reason of the Premises not being Ready for Occupancy on the Commencement Date. If Tenant wishes to take possession of all or any part of the Premises days prior to the date the Premises are Ready for Occupancy, Landlord believes it must first secure the prior written consent of Landlord and such occupancy shall in no way hinder, delay or interfere with Landlord's work in will achieve substantial completion of the PremisesLandlord's Work and will be prepared to deliver the Premises to Tenant in the condition required hereunder. Landlord shall promptly correct all work properly rejected by Tenant for failing to conform to the requirements of the Work Letter, whether or not fabricated, installed or completed and whether or not set forth on the punchlist. If within one year after the date of substantial completion of the Landlord Work any of such work is found to be not in conformity with the requirements of the Work Letter, Landlord shall correct it promptly after receipt of written notice from Tenant to do so. Landlord's obligations under the immediately preceding sentence shall survive Tenant's occupancy of the Premises upon substantial completion. Tenant shall give Landlord notice promptly after discovery of any such condition. No failure to deliver the Premises by the September 1, 1998 Occupancy Date shall in any respect affect the validity or continuance of this Lease or any obligation of Tenant hereunder or extend the Term of the Lease provided, however, that for every day of delay after September 15, 1998, Tenant shall be entitled to two (2) days abatement of Rent under this Lease in addition to the abatement period already provided in the Preamble hereto, at Paragraph 9, which rent abatement shall run for six (6) consecutive months from the date of substantial completion (the designated "Rent Commencement Date" notwithstanding), and in such event, all terms and provisions of this Lease, including the obligation shall be subject to pay rent at a rate equal to the monthly rate extension as otherwise provided in this sentence. Notwithstanding the foregoing, in the event Landlord fails to substantially complete the Landlord Work and deliver the Premises to Tenant on or before October 15, 1998, then at Tenant's option, the Occupancy Date specified in the Preamble at Paragraph 3 (prorated accordingly) 16 shall applybe extended to January 15, 1999. "Lastly, in the event the Landlord Work is not substantially completed and delivered by Landlord to Tenant on or before November 15, 1998, the Tenant may terminate this Lease with no further obligations to Landlord and Tenant shall receive the immediate return of any monies theretofore paid by Tenant to Landlord. The aforesaid November 15, 1998 date shall be subject to extension by reason of Tenant Delay as provided in the Work Letter, but otherwise shall not be subject to delay by reason of Force Majeure.

Completion of Premises. (a) The Landlord has agreed shall, at its sole cost and expense, cause to complete be completed on the Premises in accordance with the plans and specifications attached hereto as more fully set forth in a work letter Exhibit C (herein called the "Work LetterPlans") attached hereto ), which Plans shall be --------- mutually acceptable by both Landlord and incorporated herein as Exhibit D. Other than as Tenant, certain improvements ("Landlord Improvements"). All necessary construction shall be commenced promptly following Landlord's execution and acceptance of this Lease and Tenant's delivery of the first month's Fixed Basic Rent and the Security Deposit to Landlord and shall be substantially completed ready for use and occupancy by Tenant on the Lease Commencement Date set forth in the Work Letter and this LeasePreamble; provided, Landlord shall have no obligation however, that the time for the substantial completion of the Premises, and Tenant shall accept the Premises in its "as is" condition on the Commencement Date. Landlord shall not have any obligation for the repair or replacement of any portions of the interior of the Premises, including but not limited to carpeting, draperies, window coverings, wallcoverings or painting, which are damaged or wear out during the term hereof, regardless of the cause therefor, except as may otherwise be specifically set forth in this Lease. If the Premises are not Ready for Occupancy (as hereafter defined) on the Commencement Date, unless such delay is caused by Tenant, its agents or employees, the rental obligations hereunder shall not commence until the Premises are Ready for Occupancy, whereupon, this Lease and all covenants, conditions and terms hereof shall be in full force and effect; and the Termination Date hereof shall be postponed as set forth in paragraph 2(b). The postponement extended for additional periods of the rent and term herein provided for such period shall be in full settlement for all claims which Tenant might have by reason of the Premises not being Ready for Occupancy on the Commencement Date. If Tenant wishes to take possession of all or any part of the Premises prior to the date the Premises are Ready for Occupancy, it must first secure the prior written consent of Landlord and such occupancy shall in no way hinder, delay or interfere with Landlord's work in completion of the Premises, and in such event, all terms and provisions of this Lease, including the obligation to pay rent at a rate time equal to the monthly rate provided time lost by Landlord or Landlord's contractors, subcontractors or suppliers due to strikes or other labor troubles; delays in Paragraph 3 Tenant's selection of materials, plans or specifications; governmental restrictions and limitations; unavailability or delays in obtaining fuel, labor or materials; war or other national emergency; accidents; floods; defective materials; fire damage or other casualties; adverse weather conditions; or any cause similar or dissimilar to the foregoing which is beyond the reasonable control of Landlord or Landlord's contractors, subcontractors or suppliers. The Premises shall be deemed substantially completed when the Landlord Improvements have been substantially completed or Tenant is in receipt of a Certificate of Occupancy or Temporary Certificate of Occupancy, (prorated accordingly) shall apply. "punchlist items excepted), unless the failure to obtain such Certificate of Occupancy or Temporary Certificate of Occupancy, is due solely to the failure of Tenant to complete Tenant Work as described in Section 3(b)

Completion of Premises. (a) Landlord has agreed to complete 2.01. After the Premises as more fully set forth in a work letter (the "Work Letter") attached hereto and incorporated herein as Exhibit D. Other than as set forth in the Work Letter and this Lease, Landlord shall have no obligation for the completion of the Premises, and Tenant shall accept the Premises in its "as is" condition on the Commencement Date. Landlord shall not have any obligation for the repair or replacement of any portions of the interior of the Premises, including but not limited to carpeting, draperies, window coverings, wallcoverings or painting, which are damaged or wear out during the term hereof, regardless of the cause therefor, except as may otherwise be specifically set forth in this Lease. If the Premises are not Ready for Occupancy (as hereafter defined) on the Commencement Date, unless such delay is caused by Tenant, its agents or employees, the rental obligations hereunder shall not commence until the Premises are Ready for Occupancy, whereupon, this Lease and all covenants, conditions and terms hereof shall be in full force and effect; and the Termination Date hereof shall be postponed as set forth in paragraph 2(b). The postponement of the rent and term herein provided for such period shall be in full settlement for all claims which Tenant might have by reason of the Premises not being Ready for Occupancy on the Commencement Date. If Tenant wishes to take possession of all or any part of the Premises prior to the date the Premises are Ready for Occupancy, it must first secure the prior written consent of Landlord and such occupancy shall in no way hinder, delay or interfere with Landlord's work in completion of the Premises, and in such event, all terms and provisions execution of this Lease, Tenant, at Tenant’s expense, shall provide to Landlord for approval by Landlord and Landlord’s Space Planner, the architectural construction plans with detailed specifications and finish schedules, the mechanical, electrical and plumbing construction plans with detailed specifications, and the structural design plans with detailed specifications (collectively the “Preliminary Plans and Specifications”). The Preliminary Plans and Specifications and the final Plans and Specifications (as defined below) shall be prepared by architects and/or engineers licensed in the State of Texas and in full compliance with all applicable Laws. Within ten (10) days (“Landlord Plan Review Period”) after Landlord’s receipt of the Preliminary Plans and Specifications Landlord shall notify Tenant in writing as to whether Landlord approves or disapproves the Preliminary Plans and Specifications, which approval shall not be unreasonably withheld or delayed if the proposed work is consistent with the quality of construction and finish of the Building and consistent with good engineering standards and practices commensurate with the Building, otherwise, and including in the obligation case of any of the Preliminary Plans and Specifications that show a connection to pay rent at or an adverse effect on a rate equal Central System (defined as “Fire Panel and Fire Sprinkler System”) then Landlord’s approval may be denied in Landlord’s sole and absolute discretion (provided that Landlord shall not act in an arbitrary or capricious manner). If Landlord disapproves of any item, it shall also specify when it informs Tenant of any disapproval how any such disapproved item may be modified in order to be acceptable to Landlord as provided above; provided, however, notwithstanding the ten day deadline mentioned above, Landlord agrees to use commercially reasonable efforts to provide its approval as to the monthly rate Preliminary Plans and Specifications as soon as reasonably possible (but without any liability or penalty for failure to do so), including by providing “partial” approval as to portions of the submitted Preliminary Plans and Specifications. Landlord’s approval of the Preliminary Plans and Specifications, and any changes thereto, or any changes requested by Landlord, for Tenant’s Work shall impose no responsibility or liability on Landlord for their completeness, design sufficiency, or compliance with all applicable laws, rules and regulations of governmental agencies or authorities. Accordingly, Landlord does not guarantee or warrant that the final Plans and Specifications will comply with applicable Laws, be free from errors or omissions, or result in construction of a safe place of habitation, nor that the Tenant’s Work will be free from defects or unsafe conditions, and Landlord will have no liability therefor. If Landlord fails to expressly disapprove the Preliminary Plans and Specifications (or any portion thereof) within the Landlord Plan Review Period, then Landlord shall be deemed to have approved the Preliminary Plans and Specifications. If Landlord disapproves any portion of the Preliminary Plans and Specifications, Landlord shall deliver to Tenant a written notice in reasonable detail with each of Landlord’s disapproved items explaining why such item was not approved and explaining how the disapproved item may be modified in order to be acceptable to Landlord as provided in Paragraph 3 (prorated accordingly) above and Landlord and Tenant shall applythereafter proceed with reasonable diligence to revise the Preliminary Plans and Specifications for Landlord’s subsequent approval as provided above. "The Preliminary Plans and Specifications if approved by Landlord, or the Preliminary Plans and Specifications as revised and subsequently approved by Landlord, are referred to herein as the “Plans and Specifications”. COMMERCIAL LEASE

Completion of Premises. The Building and the Premises shall be completed in accordance with the Work Letter attached hereto as Exhibit C (aherein called the “Work Letter”) at Landlord’s expense. All necessary work shall be commenced promptly following Landlord’s execution of this Lease and shall be substantially completed on the Target Date set forth in the Preamble; provided, however, that the time for substantial completion of the Building and the Premises shall be extended for additional periods of time equal to the time lost by Landlord or Landlord’s contractors, subcontractors or suppliers which is beyond such party’s reasonable control due to strikes or other labor troubles, governmental restrictions and limitations, unavailability or delays in obtaining fuel, labor or materials, war or other national emergency, accidents, floods, defective materials, fire damage or other casualties, adverse weather conditions, the inability to obtain building or use and occupancy permits, or any cause similar or dissimilar to the foregoing which is beyond the reasonable control of Landlord or Landlord’s contractors, subcontractors or suppliers (“Force Majeure”); and Tenant Delay (as defined in Exhibit C). The Building and the Premises shall be deemed “substantially completed” when (i) all of the work and installations required to improve the Building and Premises as delineated in the Work Letter (“Landlord Work”) are completed in conformity with such Work Letter as determined by Tenant’s Architect (as defined in the Work Letter) (subject, in the case of the Premises Work (as defined in Exhibit C) to minor dimensional variations due to construction being carried out within an existing structure and “punch list” items (as defined in the Work Letter, which shall be completed within thirty(30) days thereafter), and the HVAC (and all building utilities) shall be in good working order and be functioning in accordance with operating standards described in the Lease or in the Work Letter but in all events and in all aspects necessary to permit Tenant to occupy and fully utilize the Building and the Premises for its intended use, (ii) Tenant has agreed received from Landlord all permits required for lawful use and occupancy of the Premises by the Tenant, and (iii) delivery to Tenant of a permanent or temporary Certificate of Occupancy for the Premises. No failure to deliver the Premises by the Target Date shall in any respect affect the validity or continuance of this Lease or any obligation of Tenant hereunder or extend the Term of the Lease provided, however, that the Commencement Date shall be delayed until such time as the Premises and the Building are substantially completed in accordance with this Section 3. In the event Landlord fails to substantially complete the Premises as more fully set forth in a work letter on or before the date which is sixty (60) days after the "Work Letter"Target Date, then Tenant may elect to terminate this Lease or to extend the Target Date for an additional sixty (60) attached hereto and incorporated herein as Exhibit D. Other than days by written notice to Landlord. If Tenant elects to extend the Target Date, Tenant shall be entitled to one (1) day of Rent abatement for each one (1) day of delay until the Premises are substantially completed. In the event the Landlord fails to substantially complete the Premises within the additional sixty (60) day period, then Tenant may terminate this Lease upon three (3) days prior written notice to Landlord. Once Landlord substantially completes the Premises, the Tenant shall no longer be entitled to exercise its right to terminate this Lease as set forth in the Work Letter and this Lease, Landlord shall have no obligation for the completion of the Premises, and Tenant shall accept the Premises in its "as is" condition on the Commencement Date. Landlord shall not have any obligation for the repair or replacement of any portions of the interior of the Premises, including but not limited to carpeting, draperies, window coverings, wallcoverings or painting, which are damaged or wear out during the term hereof, regardless of the cause therefor, except as may otherwise be specifically set forth in this Lease. If the Premises are not Ready for Occupancy (as hereafter defined) on the Commencement Date, unless such delay is caused by Tenant, its agents or employees, the rental obligations hereunder shall not commence until the Premises are Ready for Occupancy, whereupon, this Lease and all covenants, conditions and terms hereof shall be in full force and effect; and the Termination Date hereof shall be postponed as set forth in paragraph 2(b). The postponement of the rent and term herein provided for such period shall be in full settlement for all claims which Tenant might have by reason of the Premises not being Ready for Occupancy on the Commencement Date. If Tenant wishes to take possession of all or any part of the Premises prior to the date the Premises are Ready for Occupancy, it must first secure the prior written consent of Landlord and such occupancy shall in no way hinder, delay or interfere with Landlord's work in completion of the Premises, and in such event, all terms and provisions of this Lease, including the obligation to pay rent at a rate equal to the monthly rate provided in Paragraph 3 (prorated accordingly) shall apply. "Section 3.

Completion of Premises. The Premises shall be completed in accordance with the plans and specifications attached hereto as Exhibit C (a) Landlord has agreed to complete herein called the "Plans"). The completion of the Premises as more fully set forth in a work letter accordance with the Plans shall be at Landlord's expense; provided, however, Tenant shall pay Landlord at the time of execution of this Lease the sum of Sixty Thousand Dollars (the $60,000.00) ("Work LetterTenant Construction Contribution") attached hereto for construction costs to be incurred by Landlord in completing the Premises in accordance with Tenant's special requirements. All necessary construction shall be commenced promptly following Landlord's execution and incorporated herein as Exhibit D. Other than as acceptance of this Lease and Tenant's delivery of the first month's Fixed Basic Rent, the Security Deposit and the Tenant Construction Contribution to Landlord and shall be substantially completed ready for use and occupancy by Tenant on the Lease Commencement Date set forth in the Work Letter and this LeasePreamble; provided, Landlord shall have no obligation however, that the time for the substantial completion of the PremisesPremises shall be extended for additional periods of time equal to the time lost by Landlord or Landlord's contractors, subcontractors or suppliers due to strikes or other labor troubles; delays in Tenant's selection of materials, plans or specifications; governmental restrictions and limitations; unavailability or delays in obtaining fuel, labor or materials; war or other national emergency; accidents; floods; defective materials; fire damage or other casualties; adverse weather conditions; the inability to obtain building or use and occupancy permits; or any cause similar or dissimilar to the foregoing which is beyond the reasonable control of Landlord or Landlord's contractors, subcontractors or suppliers. The Premises shall be deemed substantially completed when Tenant is in receipt of a Certificate of Occupancy or Temporary Certificate of Occupancy (punchlist items excepted). All construction shall be done in a good and workmanlike manner and shall comply at the time of completion with all applicable and lawful laws, ordinances, regulations and orders of the federal, state, county or other governmental authorities having jurisdiction thereof. Tenant and its authorized agents, employees and contractors shall have the right, at Tenant's own risk, expense and responsibility, at all reasonable times prior to the Commencement Date as hereinafter defined, to enter the Premises for the purpose of taking measurements and installing its furnishings and equipment; provided that Tenant, in so doing, shall not interfere with or delay the work to be performed hereunder by Landlord, and Tenant shall accept use contractors and workmen compatible with the contractors and workmen engaged in the work to be performed hereunder by Landlord, and Tenant shall have obtained Landlord's written consent to installing any furnishings or equipment. If Landlord shall fail to deliver possession of the Premises in its "as is" condition on by the Commencement Date. Date for any reason, whether or not within Landlord's control, Landlord shall not have be subject to any liability to Tenant. No failure to deliver the Premises by the Commencement Date or any other date shall in any respect affect the validity or continuance of this Lease of any obligation for of Tenant hereunder or extend the repair or replacement of any portions Term of the interior of the Premises, including but not limited to carpeting, draperies, window coverings, wallcoverings or painting, which are damaged or wear out during the term hereof, regardless of the cause therefor, except as may otherwise be specifically set forth in this Lease. If the Premises are not Ready for Occupancy (as hereafter defined) on the Commencement Date, unless such delay is caused by Tenant, its agents or employees, the rental obligations hereunder shall not commence until the Premises are Ready for Occupancy, whereupon, this Lease and all covenants, conditions and terms hereof shall be in full force and effect; and the Termination Date hereof shall be postponed as set forth in paragraph 2(b). The postponement of the rent and term herein provided for such period shall be in full settlement for all claims which Tenant might have by reason of the Premises not being Ready for Occupancy on the Commencement Date. If Tenant wishes to take possession of all or any part of the Premises prior to the date the Premises are Ready for Occupancy, it must first secure the prior written consent of Landlord and such occupancy shall in no way hinder, delay or interfere with Landlord's work in completion of the Premises, and in such event, all terms and provisions of this Lease, including the obligation to pay rent at a rate equal to the monthly rate provided in Paragraph 3 (prorated accordingly) shall apply. ".

Completion of Premises. (a) Subject to Article 23.8, the Landlord has agreed covenants and agrees to complete the Premises building and install the work and material in accordance with plans and specifications attached hereto as more fully set forth Schedule “B”, including items 2, 3, 5, 6 and 7 on the revised requirements as shown on Schedule “C” (items 1 and 4 being the responsibility of the Tenant) prior to the 1st day of May, 2001, or upon written notice by the Landlord to the Tenant on or before the 31st day of March, 2001, on the 1st day of June, 2001. The Landlord agrees to complete the work in a work letter (good and workmanlike manner and to have the "Work Letter") attached hereto and incorporated herein as Exhibit D. Other than as set forth in same completed forthwith. Provided that if, due to the Work Letter and this Lease, Landlord shall have no obligation for the completion failure of the Premises, and Tenant shall accept Landlord to complete construction or to make available the Premises in its "as is" condition on services which the Commencement Date. Landlord shall not have any obligation for the repair or replacement of any portions of the interior of the Premises, including but not limited is hereby obligated to carpeting, draperies, window coverings, wallcoverings or painting, which are damaged or wear out during the term hereof, regardless of the cause therefor, except as may otherwise be specifically set forth in this Lease. If the Premises are not Ready for Occupancy (as hereafter defined) on the Commencement Date, unless such delay is caused by Tenant, its agents or employeesfurnish, the rental obligations hereunder shall not commence until the Premises are Ready for Occupancy, whereupon, this Lease and all covenants, conditions and terms hereof shall be in full force and effect; and the Termination Date hereof shall be postponed as set forth in paragraph 2(b). The postponement of the rent and term herein provided for such period shall be in full settlement for all claims which Tenant might have by reason of the Premises not being Ready for Occupancy on the Commencement Date. If Tenant wishes to take possession of all premises or any part thereof are not ready for occupancy on the 1st day of May, 2001, or the 1st day of June, 2001, as hereinbefore provided, no part of the Premises prior rent, or only a proportionate part thereof, if the Tenant shall occupy a part of the premises, shall be payable for a period before the date when the entire premises are ready for occupancy and the full rent shall accrue only after such last mentioned date. The Tenant hereby agrees to accept such abatement in rent together with the payment by the Landlord to the Tenant of an amount equal to the gross rent payable by the Tenant of the premises presently occupied at 000 Xxxxxx Xxxxxx, Xxxxxxxx, Xxxxxxx, for the period of delay calculated from the 1st day of June, 2001. In the event the occupancy date is delayed beyond the Premises 1st day of July, 2001, the Tenant may at its option, terminate this lease and the deposit shall be returned to the Tenant, without liability for costs or damages. The decision of the consultant shall be final and binding upon the parties hereto as to whether or not the premises are Ready ready for Occupancy, it must first secure occupancy by the prior written consent of Landlord Tenant and such occupancy shall in no way hinder, as to the extent to which any delay or interfere with Landlord's work in completion of the Premisespremises or in the delivery of vacant possession is due to any act or omission of the Tenant or its agents, servants, or contractors. The Tenant shall, promptly on the request of the Landlord, execute an acknowledgment of the date on which complete and in such event, all terms and provisions vacant possession of this Lease, including the obligation to pay rent at a rate equal premises is delivered to the monthly rate provided Tenant. PROVIDED FURTHER, however, that when the Landlord has completed construction of the premises and made available the aforesaid services, the Tenant shall not be entitled to any abatement of rent for any delay in Paragraph 3 (prorated accordingly) shall apply. "occupancy due to the Tenant’s failure to complete the installation and other work required for its purposes.

Completion of Premises. (a) Landlord has agreed 2.01. Attached as Exhibit “A” to complete the Premises as more fully set forth in a work letter Lease is the space plan and specifications prepared by Tenant’s Space Planner and dated 1/23/08 (the "Work Letter"“Space Plan”) attached hereto and incorporated herein as Exhibit D. Other than as set forth in the Work Letter and this Lease, Landlord shall have no obligation for the completion of the Premises, and Tenant shall accept the Premises Leasehold Improvements in its "as is" condition on the Commencement Date. Landlord shall not have any obligation for the repair or replacement of any portions of the interior of the Premises, including but not limited which Space Plan has been approved by Landlord and Tenant. Tenant shall cause Tenant’s Space Planner to carpeting, draperies, window coverings, wallcoverings or painting, which are damaged or wear out during the term hereof, regardless have a preliminary set of the cause therefor, except as may otherwise be specifically set forth in this Lease. If the Premises are not Ready for Occupancy (as hereafter defined) Construction Documents prepared based on the Commencement Date, unless such delay is caused by Tenant, its agents or employees, the rental obligations hereunder shall not commence until the Premises are Ready for Occupancy, whereupon, this Lease and all covenants, conditions and terms hereof shall be in full force and effect; and the Termination Date hereof shall be postponed as set forth in paragraph 2(b). The postponement of the rent and term herein provided for such period shall be in full settlement for all claims which Tenant might have by reason of the Premises not being Ready for Occupancy on the Commencement Date. If Tenant wishes to take possession of all or any part of the Premises prior to the date the Premises are Ready for Occupancy, it must first secure the prior written consent of Landlord and such occupancy shall in no way hinder, delay or interfere with Landlord's work in completion of the PremisesSpace Plan, and in such event, all terms deliver same to Landlord’s Manager as soon as possible after the execution and provisions delivery of this Lease, but no later than February 19, 2008. Landlord agrees to promptly review or cause Landlord’s Manager to review such preliminary set of Construction Documents and provide Tenant with its comments identifying the required revisions to same by February 22, 2008. Tenant shall resubmit the Construction Documents to Landlord’s Manager after making the required revisions thereto within three days after receipt of comments from Landlord or Landlord’s Manager. Landlord shall cause Landlord’s Manager will prepare a Tenant Expenditure Authorization and submit same to Tenant within two (2) days after receipt of the revised Construction Documents. Landlord will require Tenant’s approval of the Tenant Expenditure Authorization prior to commencing Landlord’s Work, which approval shall be given or denied by Tenant on or before February 29, 2008. If Tenant fails to expressly disapprove the Tenant Expenditure Authorization by such date, then Landlord’s Manager shall be authorized to proceed thereon. If Tenant disapproves a Tenant Expenditure Authorization, it shall specify in reasonable detail the reasons for such disapproval; however, such disapproval shall constitute a Tenant Delay. Provided that Tenant has approved the Tenant Expenditure Authorization by February 29, 2008, Landlord agrees to commence Landlord’s Work by March 2, 2008. Except as otherwise provided in this Exhibit D, all costs for the preparation, approval and implementation of the Space Plan and the Construction Drawings, including professional fees and the obligation to pay rent at a rate equal cost of Tenant’s Space Planner, and the cost of Landlord’s Work shall be paid by Landlord, subject, however, to the monthly rate provided in Paragraph 3 (prorated accordingly) shall apply. "amount of Tenant’s Allowance and Tenant’s payment of any Excess Costs.

Completion of Premises. (a) Landlord has agreed to complete The Building and the Premises shall be completed in accordance with the Work Letter attached hereto as more fully set forth in a work letter Exhibit C (herein called the "Work Letter") attached hereto at Landlord's expense. --------- All necessary work shall be commenced promptly following Landlord's execution of this Lease and incorporated herein as Exhibit D. Other than as shall be substantially completed on the Occupancy Date set forth in the Work Letter and this LeasePreamble; provided, Landlord shall have no obligation however, that the time for the substantial completion of the PremisesBuilding and the Premises shall be extended for additional periods of time equal to the time lost by Landlord or Landlord's contractors, subcontractors or suppliers due to strikes or other labor troubles; Tenant Delay (as defined in Exhibit C); governmental restrictions and limitations; unavailability or delays in obtaining fuel, labor or materials; xxxx or other national emergency; accidents; floods; defective materials; fire damage or other casualties; adverse weather conditions; the inability to obtain building or use and occupancy permits; or any cause similar or dissimilar to the foregoing which is beyond the reasonable control of Landlord or Landlord's contractors, subcontractors or suppliers ("Force Majeure"); provided further, however, that for Landlord to claim that a Force Majeure prevented timely achievement of substantial completion (i) Landlord must provide written notice of the applicable event to Tenant within 48 hours of its occurrence, which notice shall specify the Force Majeure event and the anticipated effect on the date of substantial completion, and Tenant shall accept (ii) an actual delay in substantial completion must have occurred which but for the Force Majeure event would not have occurred. The Building and the Premises shall be deemed substantially completed when (i) all of the work and installations required to improve the Building and Premises as delineated in the Work Letter ("Landlord Work") are completed in conformity with such Work Letter (subject, in the case of the Premises Work (as defined in Exhibit C) to minor dimensional variations due to construction being carried out within an existing structure and "punch list" items as described below), and the HVAC (and all building utilities) shall be in good working order and be functioning in accordance with operating standards described in the Lease or in the Work Letter but in all events and in all aspects necessary to permit Tenant to occupy and fully utilize the Building and the Premises for its "as is" condition on intended use, and (ii) Tenant has received from Landlord all permits required for lawful use and occupancy of the Commencement DatePremises by the Tenant (punch list items alone excepted). Landlord shall notify Tenant in writing approximately forty-five (45) days in advance and again not have any obligation for the repair or replacement of any portions of the interior of the Premises, including but not limited to carpeting, draperies, window coverings, wallcoverings or painting, which are damaged or wear out during the term hereof, regardless of the cause therefor, except as may otherwise be specifically set forth in this Lease. If the Premises are not Ready for Occupancy later than ten (as hereafter defined10) on the Commencement Date, unless such delay is caused by Tenant, its agents or employees, the rental obligations hereunder shall not commence until the Premises are Ready for Occupancy, whereupon, this Lease and all covenants, conditions and terms hereof shall be in full force and effect; and the Termination Date hereof shall be postponed as set forth in paragraph 2(b). The postponement of the rent and term herein provided for such period shall be in full settlement for all claims which Tenant might have by reason of the Premises not being Ready for Occupancy on the Commencement Date. If Tenant wishes to take possession of all or any part of the Premises days prior to the date the Premises are Ready for Occupancy, Landlord believes it must first secure the prior written consent of Landlord and such occupancy shall in no way hinder, delay or interfere with Landlord's work in will achieve substantial completion of the PremisesLandlord's Work and will be prepared to deliver the Premises to Tenant in the condition required hereunder. Landlord shall promptly correct all work properly rejected by Tenant for failing to conform to the requirements of the Work Letter, whether or not fabricated, installed or completed and whether nor not set forth on the punch list. If within one year after the date of substantial completion of the Landlord Work any of such work is found to be not in conformity with the requirements of the Work Letter, Landlord shall correct it promptly after receipt of written notice from Tenant to do so. Landlord's obligations under the immediately preceding sentence shall survive Tenant's occupancy of the Premises upon substantial completion. Tenant shall give Landlord notice promptly after discovery of any such condition. No failure to deliver the Premises by the September 1, 1998 Occupancy Date shall in any respect affect the validity or continuance of this Lease or any obligation of Tenant hereunder or extend the Term of the Lease provided, however, that for every day of delay after November 6, 1998, Tenant shall be entitled to two (2) days abatement of Rent under this Lease in addition to the abatement period already provided in the Preamble hereto, at Paragraph 9, which rent abatement shall run for six (6) consecutive months from the date of substantial completion (the designated "Rent Commencement Date") notwithstanding), and in such event, all terms and provisions of this Lease, including the obligation shall be subject to pay rent at a rate equal to the monthly rate extension as otherwise provided in this sentence. Notwithstanding the foregoing, in the event Landlord fails to substantially complete the Landlord Work and deliver the Premises to Tenant on or before November 20, 1998, then at Tenant's option, the Occupancy Date specified in the Preamble at Paragraph 3 (prorated accordingly) 16 shall applybe extended to January 15, 1999. "Lastly, the event the Landlord Work is not substantially completed and delivered by Landlord to Tenant on or before December 23, 1998, the Tenant may terminate this Lease with no further obligations to Landlord and Tenant shall receive the immediate return of any monies theretofore paid by Tenant to Landlord. The aforesaid December 23, 1998 date shall be subject to extension by reason of Tenant Delay as provided in the Work Letter, but otherwise shall not be subject to delay by reason of Force Majeure.

Completion of Premises. The Premises shall be completed in accordance with the plans and specifications attached hereto as Exhibit C (aherein called the "Plans") at Landlord's expense. All necessary construction shall be commenced promptly following Landlord's execution and acceptance of this Lease and Tenant's delivery of the first month's Fixed Basic Rent and the Security Deposit to Landlord has agreed and shall be substantially completed ready for use and occupancy by Tenant on the Target Date set forth in the Preamble; provided, however, that the time for substantial completion of the Premises shall be extended for additional periods of time equal to the time lost by Landlord or Landlord's contractors, subcontractors or suppliers due to strikes or other labor troubles; delays in Tenant's selection of materials, plans or specifications; governmental restrictions and limitations; unavailability or delays in obtaining fuel, labor or materials; war or other national emergency; accidents; floods; defective materials; fire damage or other casualties; adverse weather conditions; the inability to obtain building or use and occupancy permits; or any cause similar or dissimilar to the foregoing which is beyond the reasonable control of Landlord or Landlord's contractors, subcontractors or suppliers. The Premises shall be deemed substantially completed when Tenant is in receipt of a Certificate of Occupancy or Temporary Certificate of Occupancy (punchlist items excepted). All construction shall be done in a good and workmanlike manner and shall comply at the time of completion with all applicable and lawful laws, ordinances, regulations and orders of the federal, state, county or other governmental authorities having jurisdiction thereof, including the Americans With Disabilities Act. Tenant and its authorized agents, employees and contractors shall have the right, at Tenant's own risk, expense and responsibility, at all reasonable times prior to the Target Date as hereinafter defined, to enter the Premises for the purpose of taking measurements and installing its furnishings and equipment; provided that Tenant, in so doing, shall not interfere with or delay the work to be performed hereunder by Landlord, and Tenant shall use contractors and workmen compatible with the contractors and workmen engaged in the work to be performed hereunder by Landlord, and Tenant shall have obtained Landlord's written consent to installing any furnishings or equipment. If Landlord shall fail to deliver possession of the Premises by the Target Date for any reason, whether or not within Landlord's control, Landlord shall not be subject to any liability to Tenant. No failure to deliver the Premises by the Target Date or any other date shall in any respect affect the validity or continuance of this Lease of any obligation of Tenant hereunder or extend the Term of the Lease. Notwithstanding the foregoing, in the event Landlord fails to substantially complete the Premises as more fully set forth in a work letter (the "Work Letter") attached hereto above on or before December 31, 1999, then commencing on January 1, 2000 and incorporated herein as Exhibit D. Other than as set forth in the Work Letter and this Lease, Landlord shall have no obligation for the completion of the Premises, and Tenant shall accept the Premises in its "as is" condition on the Commencement Date. Landlord shall not have any obligation for the repair or replacement of any portions of the interior of the Premises, including but not limited to carpeting, draperies, window coverings, wallcoverings or painting, which are damaged or wear out during the term hereof, regardless of the cause therefor, except as may otherwise be specifically set forth in this Lease. If the Premises are not Ready for Occupancy (as hereafter defined) terminating on the Commencement Date, unless such delay is caused by Landlord shall reimburse Tenant for Tenant, its agents or employees, the 's increased rental obligations hereunder shall not commence until under its current lease arising solely as a result of Landlord's delay in delivering the Premises are Ready for Occupancy, whereupon, this Lease and all covenants, conditions and terms hereof to Tenant as provided herein. Tenant shall be responsible for all such increased rental obligations for any period prior to January 1, 2000 and shall use its good faith efforts to negotiate a reduction in full force and effect; and such obligations. In addition to the Termination Date hereof shall be postponed foregoing, if Landlord fails to substantially complete the Premises as set forth in paragraph 2(babove prior to February 29, 2000, (the "Outside Date"), then Tenant may terminate this Lease upon thirty (30) days prior written notice to Landlord and upon such termination, Landlord shall refund to Tenant all sums Tenant paid to Landlord on account of Rent and neither party shall have any further obligations hereunder. The postponement Tenant's notice may be given at anytime prior to the Outside Date, but shall only be effective as of the rent and term herein provided for Outside Date or such period shall be later date as specified in full settlement for all claims which Tenant might have by reason of the Premises not being Ready for Occupancy on the Commencement DateTenant's notice. If Tenant wishes to take possession of all or any part of Landlord substantially completes the Premises prior to the date of termination as set forth in Tenant's notice, then such notice shall be deemed revoked and the Premises are Ready for Occupancy, it must first secure parties hereto shall continue to be bound to the prior written consent of Landlord and such occupancy shall in no way hinder, delay or interfere with Landlord's work in completion of the Premises, and in such event, all terms and provisions of this Lease. Notwithstanding the foregoing, including if Tenant fails to deliver to Landlord final approved Plans (as defined above) which are acceptable to Landlord on or before September 17, 1999, then each of the obligation dates set forth in this Section 3 shall be extended by one (1) day for each one (1) day of delay beyond September 17, 1999 until such Plans are delivered to pay rent at a rate equal to the monthly rate provided in Paragraph 3 (prorated accordingly) shall apply. "Landlord.

Completion of Premises. The premises shall be completed in accordance with the plans and specifications attached hereto as Exhibit C (a) Landlord has agreed to complete the Premises as more fully set forth in a work letter (herein called the "Work LetterPlans") attached hereto at Landlord's expense. All necessary construction shall be commenced promptly following Landlord's execution and incorporated herein as Exhibit D. Other than as acceptance of this Lease and Tenant's delivery of the first month's Fixed Basic Rent and the Security Deposit to Landlord and shall be substantially completed ready for use and occupancy by Tenant on the Lease Commencement Date set forth in the Work Letter and this LeasePreamble; provided, Landlord shall have no obligation however, that the time for the substantial completion of the PremisesPremises shall be extended for additional periods of time equal to the time lost by Landlord or Landlord's contractors, subcontractors or suppliers due to strikes or other labor troubles; delays in Tenant's selection of materials, plans or specifications; governmental restrictions and limitations; unavailability or delays in obtaining fuel, labor or materials; war or other national emergency; accidents; floods; defective materials; fire damage or other casualties; adverse weather conditions; the inability to obtain building or use and occupancy permits; or any cause similar or dissimilar to the foregoing which is beyond the reasonable control of Landlord or Landlord's contractors, subcontractors or suppliers. The Premises shall be deemed substantially completed when Tenant is in receipt of a Certificate of Occupancy or Temporary Certificate of Occupancy (which is convertible to a permanent Certificate of Occupancy) (punchlist items excepted) such certificate to be obtained by Landlord. All construction shall be done in a good and workmanlike manner and shall comply at the time of completion with all applicable and lawful laws, ordinances, regulations and orders of the federal, state, county or other governmental authorities having jurisdiction thereof Tenant and its authorized agents, employees and contractors shall have the right, at Tenant's own risk, expense and responsibility, at all reasonable times prior to the Commencement Date as hereinafter defined, to enter the Premises for the purpose of taking measurements and installing its furnishings and equipment; provided that Tenant, in so doing, shall not interfere with or delay the work to be performed hereunder by Landlord, and Tenant shall accept use contractors and workmen compatible with the contractors and workmen engaged in the work to be performed hereunder by Landlord, and Tenant shall have obtained Landlord's written consent to installing any furnishings or equipment. Tenant's occupancy of the Premises in its "as is" condition on shall constitute acceptance of the Work performed by Landlord pursuant to this Section 3. If Landlord shall fail to deliver possession of the Premises by the Commencement Date. Date for any reason, whether or not within Landlord's control, Landlord shall not have be subject to any liability to Tenant. No failure to deliver the Premises by the Commencement Date or any other date shall in any respect affect the validity or continuance of this Lease of any obligation for of Tenant hereunder or extend the repair or replacement of any portions Term of the interior of Lease provided, however, the Premises, including but not limited Commencement Date shall be extended to carpeting, draperies, window coverings, wallcoverings or painting, which are damaged or wear out during such time as Landlord substantially completes the term hereof, regardless of the cause therefor, except as may otherwise be specifically work set forth in this Leasethe Plans (the "Work"). If In the Premises are not Ready event Landlord fails to substantially complete the Work on or before January 1, 1999, then Tenant shall be entitled to one (1) day of Rent abatement for Occupancy (as hereafter defined) every day of delay beyond January 1, 1999. In the event Landlord fails to substantially complete the Work on the Commencement Dateor before May 1, unless such delay is caused by Tenant, its agents or employees, the rental obligations hereunder shall not commence until the Premises are Ready for Occupancy, whereupon, 1999; then Tenant may terminate this Lease and all covenants, conditions and terms hereof shall be in full force and effect; and the Termination Date hereof shall be postponed as set forth in paragraph 2(b). The postponement of the rent and term herein provided for such period shall be in full settlement for all claims which Tenant might have by reason of the Premises not being Ready for Occupancy on the Commencement Date. If Tenant wishes written notice to take possession of all or any part of the Premises prior to the date the Premises are Ready for Occupancy, it must first secure the prior written consent of Landlord and such occupancy shall in no way hinder, delay or interfere with Landlord's work in completion of the Premises, and in such event, all terms and provisions of this Lease, including the obligation to pay rent at a rate equal to the monthly rate provided in Paragraph 3 (prorated accordingly) shall apply. "neither party will have any further obligations thereunder.

Completion of Premises. The Premises shall be completed by Landlord in accordance with the plans and specifications attached hereto as Exhibit C (aherein called the "Plans") at Landlord's expense provided, however, Tenant shall pay the sum of Fifty Thousand Dollars ($50,000.00) to Landlord has agreed on account of the tenant improvements to complete the Premises as more fully set forth in a work letter be constructed (the "Work LetterTenant's Share") attached hereto ). All necessary construction shall be commenced promptly following Landlord's execution and incorporated herein as Exhibit D. Other than as acceptance of this Lease and Tenant's delivery of the Security Deposit to Landlord and shall be substantially completed and ready for use and occupancy by Tenant on the Target Date set forth in the Work Letter and this LeasePreamble; provided, Landlord shall have no obligation however, that the time for the substantial completion of the PremisesPremises and the Outside Date (as defined below) shall be extended for additional periods of time equal to the time lost by Landlord or Landlord's contractors, subcontractors or suppliers due to strikes or other labor troubles; delays in Tenant's selection of materials, plans or specifications; modifications or amendments to the plans or specifications prepared by Tenant; governmental restrictions and limitations; unavailability or delays in obtaining fuel, labor or materials; war or other national emergency; accidents; floods; defective materials; fire damage or other casualties; adverse weather conditions; the inability to obtain building or use and occupancy permits; or any cause similar or dissimilar to the foregoing which is beyond the reasonable control of Landlord or Landlord's contractors, subcontractors or suppliers. The Premises shall be deemed substantially completed when Tenant is in receipt of a Certificate of Occupancy or Temporary Certificate of Occupancy (punch list items excepted) and Tenant can use and occupy the Premises for the Permitted Purpose without unreasonable interference. Upon substantial completion, Tenant shall immediately pay to Landlord the Tenant's Share. All construction shall be done in a good and workmanlike manner and shall comply at the time of completion with all applicable and lawful laws, ordinances, regulations and orders of the federal, state, county or other governmental authorities having jurisdiction thereof. Tenant and its authorized agents, employees and contractors shall have the right, at their own risk, expense and responsibility, at all reasonable times prior to the Target Date as hereinafter defined, to enter the Premises for the purpose of taking measurements and installing its furnishings and equipment; provided that Tenant, in so doing, shall not interfere with or delay the work to be performed hereunder by Landlord, and Tenant shall accept use contractors and workmen compatible with the contractors and workmen engaged in the work to be performed hereunder by Landlord, and Tenant shall have obtained Landlord's written consent to installing any furnishings or equipment. If Landlord shall fail to deliver possession of the Premises in its "as is" condition on by the Commencement Date. Target Date for any reason, whether or not within Landlord's control, Landlord shall not have be subject to any liability to Tenant. No failure to deliver the Premises by the Target Date or any other date shall in any respect affect the validity or continuance of this Lease of any obligation for of Tenant hereunder or extend the repair or replacement of any portions Term of the interior of the Premises, including but not limited to carpeting, draperies, window coverings, wallcoverings or painting, which are damaged or wear out during the term hereof, regardless of the cause therefor, except as may otherwise be specifically set forth in this Lease. If Notwithstanding the foregoing, in the event Landlord fails to substantially complete the Premises are not Ready for Occupancy (as hereafter defineddefined above) on or before December 1, 1999 (the Commencement "Outside Date"), unless such delay is caused by Tenant, its agents or employees, the rental obligations hereunder then Tenant shall not commence until the Premises are Ready for Occupancy, whereupon, be entitled to terminate this Lease and all covenants, conditions and terms hereof shall be in full force and effect; and the Termination Date hereof shall be postponed as set forth in paragraph 2(b). The postponement of the rent and term herein provided for such period shall be in full settlement for all claims which Tenant might have by reason of the Premises not being Ready for Occupancy on the Commencement Date. If Tenant wishes to take possession of all or any part of the Premises prior to the date the Premises are Ready for Occupancy, it must first secure the upon three (3) days prior written consent of Landlord and such occupancy shall in no way hindernotice given on or before December 15, delay or interfere with Landlord's work in completion of the Premises, and in such event, all terms and provisions of this Lease, including the obligation to pay rent at a rate equal to the monthly rate provided in Paragraph 3 (prorated accordingly) shall apply. "1999.

Completion of Premises. The premises shall be delivered to tenant in accordance with the plans attached hereto as EXHIBIT B (a) Landlord has agreed to complete the Premises as more fully set forth in a work letter (herein called the "Work LetterPlans") and the specifications attached hereto as EXHIBIT C (herein called the "Specifications"). All necessary demolition shall be commenced promptly following Xxxxxxxx's execution and incorporated herein as Exhibit D. Other than as acceptance of this Lease and shall be substantially completed on the Commencement Date set forth in the Work Letter and this Lease, Term Sheet. Landlord shall have no obligation at its own cost and expense, obtain all permits, licenses and approvals necessary for such demolition. Provided, however, that the time for substantial completion of the PremisesPremises shall be extended for additional periods of time equal to the time lost by Landlord or Landlord's contractors, subcontractors or suppliers due to: strikes or other labor troubles; delays in Tenant's selection of materials, plans or specifications; governmental restrictions and limitations: scarcity; unavailability or delays in obtaining fuel, labor or materials; war or other national emergency; accidents; floods; defective materials; fire damage or other casualties; adverse weather conditions; the inability to obtain building or use and occupancy permits; or any cause similar or dissimilar to the foregoing which is beyond the reasonable control of Landlord or Landlord's contractors, subcontractor or supplier. Tenant and its authorized agents, employees and contractors shall have the right, at Xxxxxx's own risk, expense and responsibility, at all reasonable times prior to the Commencement Date as hereinafter defined, to enter the Premises for the purpose of taking measurements and installing its furnishings and equipment; provided that Tenant, in so doing, shall not interfere with or delay the work to be performed hereunder by Xxxxxxxx, and Tenant shall accept use contractor and workmen compatible with the Premises contractors and workmen engaged in its "as is" condition on the Commencement Date. Landlord work to bc performed hereunder by Xxxxxxxx, and Xxxxxx shall not have any obligation for the repair or replacement of any portions of the interior of the Premises, including but not limited to carpeting, draperies, window coverings, wallcoverings or painting, which are damaged or wear out during the term hereof, regardless of the cause therefor, except as may otherwise be specifically set forth in this Lease. If the Premises are not Ready for Occupancy (as hereafter defined) on the Commencement Date, unless such delay is caused by Tenant, its agents or employees, the rental obligations hereunder shall not commence until the Premises are Ready for Occupancy, whereupon, this Lease and all covenants, conditions and terms hereof shall be in full force and effect; and the Termination Date hereof shall be postponed as set forth in paragraph 2(b). The postponement of the rent and term herein provided for such period shall be in full settlement for all claims which Tenant might have by reason of the Premises not being Ready for Occupancy on the Commencement Date. If Tenant wishes to take possession of all or any part of the Premises prior to the date the Premises are Ready for Occupancy, it must first secure the prior obtained Xxxxxxxx's written consent of Landlord and such occupancy shall in no way hinder, delay to installing any furnishings or interfere with Landlord's work in completion of the Premises, and in such event, all terms and provisions of this Lease, including the obligation to pay rent at a rate equal to the monthly rate provided in Paragraph 3 (prorated accordingly) shall apply. "equipment.

Completion of Premises. Landlord shall pay for Tenant’s tenant improvements up to Ten Dollars (a$10.00) per rentable square foot in the Premises. The contract for those improvements shall be subject to Tenant’s approval, which shall not unreasonably be withheld, delayed or conditioned. If Tenant does not approve (or give written reasons for its disapproval of) the contract within three (3) business days after Landlord has delivers it to Tenant, Tenant agrees that the Commencement Date shall be delayed one (1) day for each day thereafter that Tenant delays its approval of the contract. The parties acknowledge and agree that no costs for tenant improvements shall be charged to Tenant unless both Landlord and Tenant approve in writing any such charge, which approvals shall not be unreasonably withheld or delayed. Any additional interior improvements, additions or alterations required by Tenant and approved by Landlord shall be furnished and installed at Tenant’s sole cost and expense. Any such additional work which is normally furnished and installed by the construction trades shall be furnished and installed by Landlord’s general contractor or other contractor employed by Landlord at such cost and on such terms as shall have been agreed to complete between Landlord and Tenant. In order for Landlord to prepare the Premises as more fully set forth in a work letter (necessary construction plans required to accomplish the "Work Letter") attached hereto and incorporated herein as Exhibit D. Other than as set forth in the Work Letter and this Lease, Landlord shall have no obligation for the completion of the Premises, and Tenant shall accept the Premises in its "as is" condition on the Commencement Date. Landlord shall not have any obligation for the repair or replacement of any portions of the interior Completion of the Premises, including but not limited to carpetingthe building standard tenant improvements hereinabove described, draperies, window coverings, wallcoverings or painting, which are damaged or wear out during the term hereof, regardless of the cause therefor, except as may otherwise be specifically set forth in this Lease. If the Premises are not Ready for Occupancy (well as hereafter defined) on the Commencement Date, unless such delay is caused any additional construction work required by Tenant, its agents or employeesTenant shall, within ten (10) days following the rental obligations hereunder shall not commence until the Premises are Ready for Occupancy, whereupon, this Lease and all covenants, conditions and terms hereof shall be in full force and effect; and the Termination Date hereof shall be postponed as set forth in paragraph 2(b). The postponement of the rent and term herein provided for such period shall be in full settlement for all claims which Tenant might have by reason of the Premises not being Ready for Occupancy on the Commencement Date. If Tenant wishes to take possession of all or any part of the Premises prior to the date the Premises are Ready for Occupancy, it must first secure the prior written consent of Landlord and such occupancy shall in no way hinder, delay or interfere with Landlord's work in completion of the Premises, and in such event, all terms and provisions execution of this Lease, including furnish to Landlord in writing such full and complete information as will be required to complete said construction plans. Said full and complete information shall include, without limitation, the obligation to pay rent at a rate equal to the monthly rate provided in Paragraph 3 (prorated accordingly) shall apply. "following details:

Completion of Premises. Landlord shall, at its own cost and expense, in a good and workmanlike manner, cause the Premises to be improved and completed in accordance with the plans and specifications attached as Exhibit A-1, which are mutually agreed upon by Landlord and Tenant (such work being herein called "Landlord's Work"). Landlord reserves the right, however: (i) to make substitutions of material or components of equivalent grade and quality when and if any specified material or component shall not be readily or reasonably available, and (ii) to make changes necessitated by conditions met in the course of construction, provided that Tenant's approval of any substantial change shall first be obtained (which approval shall not be unreasonably withheld or delayed so long as there shall be general conformity with the Final Layout Plans). Tenant shall by notice to Landlord designate a single individual who Tenant agrees shall be available to meet and consult with Landlord at the Premises as Tenant's representative respecting the matters which are subject to this Section, and who, as between Landlord and Tenant, shall have the power to legally bind Tenant, in making requests for changes, giving approval of plans or work, giving directions to Landlord or the like, under this Section; and any notice or delivery given to such person personally or at his place of business shall have the same effect as a notice or delivery given to Tenant. If Landlord shall, for any reason (including, without limitation, fail to complete the work, if any, required to be done by Landlord under this Section) or fail to make available to Tenant possession of the Premises on or before the Commencement Date or any other date, Landlord shall not be subject to any liability for such failure nor for any failure to timely complete any work. Under such circumstances, Tenant's obligations to pay Basic Rent and Additional Rent shall not commence until Landlord makes possession available; and such failure to make available to Tenant possession of the Premises on or before the Commencement Date or any other date or to timely complete any work, shall not in any other way affect the validity or continuance of this Lease, nor the Term or the obligations of Tenant hereunder. Such deferral of Rent shall be Tenant's sole and exclusive right and remedy with respect to any such failure. There shall be no deferral of Rent, however, if any such failure is caused in whole or part by any act or omission of Tenant, its agents, servants, employees or contractors, which has the effect of hindering or delaying Landlord's delivery of possession or the timely completion of any work to be done by Landlord (hereinafter a "Tenant Delay") including, without limitation, (a) any delay which is caused by changes requested by Tenant in the work to be performed by Landlord has agreed to complete in readying the Premises as more fully set forth for Tenant's occupancy, (b) any delay, caused by Tenant, in a work letter (the "Work Letter") attached hereto and incorporated herein as Exhibit D. Other than as set forth in the Work Letter and this Lease, Landlord shall have no obligation furnishing materials or procuring labor required to be furnished or procured for the completion of the Premises, and Tenant shall accept the Premises in its "as is" condition on the Commencement Date. Landlord shall not have or (c) any obligation for the repair or replacement of any portions of the interior of the Premises, including but not limited to carpeting, draperies, window coverings, wallcoverings or painting, delay which are damaged or wear out during the term hereof, regardless of the cause therefor, except as may otherwise be specifically set forth in this Lease. If the Premises are not Ready for Occupancy (as hereafter defined) on the Commencement Date, unless such delay is caused by any failure by Tenant, without regard to any grace period applicable thereto, promptly to furnish to Landlord any required information, approval or consent or caused by any good faith reluctance on the part of Landlord to approve any information required to be submitted by Tenant and approved by Landlord, or (d) any delay which is caused by the performance of any work or activity in the Premises by Tenant or any of its employees, agents or employeescontractors. Tenant also shall pay to Landlord, the rental obligations hereunder shall not commence until within 10 days after receipt of demand made from time to time, a sum equal to any additional cost to Landlord in completing the Premises are Ready for Occupancy, whereupon, this Lease and all covenants, conditions and terms hereof shall be in full force and effect; and the Termination Date hereof shall be postponed as set forth in paragraph 2(b). The postponement of the rent and term herein provided for such period shall be in full settlement for all claims which resulting from any Tenant might have by reason of the Premises not being Ready for Occupancy on the Commencement Date. If Tenant wishes to take possession of all or any part of the Premises prior to the date the Premises are Ready for Occupancy, it must first secure the prior written consent of Landlord and such occupancy shall in no way hinder, delay or interfere with Landlord's work in completion of the Premises, and in such event, all terms and provisions of this Lease, including the obligation to pay rent at a rate equal to the monthly rate provided in Paragraph 3 (prorated accordingly) shall apply. "Delay.

Completion of Premises. (a) Landlord has agreed to complete the Premises as more fully set forth in a work letter (the "Work Letter") attached hereto plans and incorporated herein as Exhibit D. Other than as set forth in the Work Letter specifications to be prepared by Landlord and this Lease, Landlord shall have no obligation for approved by Tenant. In connection with the completion of the Premises, Landlord shall contribute the sum of $27.50 per rentable square foot in connection with the installation of: (i) suite entrance door; (ii) partitions; interior doors; (iv) ceiling treatment; (v) wall treatment; (vi) window covering treatment; (vii) floor treatment; (viii) light fixtures; (ix) light switches; W electrical wall outlets; (xi) telephone outlets; (xii) sound conditioning; and (xiii) any other improvements over and above, and alterations to, the standard building shell necessary to prepare the Premises for Tenant's occupancy. In the event, Tenant does not utilize the entire contribution available from Landlord, the amount not used by Tenant shall accept the Premises in its "as is" condition on the Commencement Datebe a credit against rent and other charges owed by Tenant under this Lease. In any event, Landlord shall not have any obligation for the repair or replacement of any any. portions of the interior of the Premises, including but not limited to carpeting, draperies, window coverings, wallcoverings or painting, Premises which are damaged or wear out during the term hereof, regardless of the cause therefortherefore including, but not limited to, carpeting, draperies, window coverings, wall coverings, painting or any of Tenant's Property or betterments in the Premises, except as may otherwise be specifically set forth in this Lease. If Except as otherwise provided in Paragraph 3 of this Lease, the Premises are not Ready for Occupancy (as hereafter defined) on postponement of rent and extension of the Commencement Date, unless such delay is caused by Tenant, its agents or employees, the rental obligations hereunder shall not commence until the Premises are Ready for Occupancy, whereupon, this Lease and all covenants, conditions and terms hereof shall be in full force and effect; and the Termination Date hereof shall be postponed as set forth in paragraph 2(b). The postponement of the rent and term herein provided for such period shall be in full settlement for all claims which Tenant might have by reason of the Premises not being Ready for Occupancy on the Commencement Datehave. If Tenant wishes to take possession of all or any part of the Premises prior to the date the Premises are Ready for Occupancy, it must first secure the prior written consent of Landlord and such occupancy shall in no way hinder, delay or interfere with Landlord's work in completion of the Premises, and in such event, all terms and provisions of this Lease, including the obligation to pay rent at a rate equal to the monthly rate provided in Paragraph 3 (prorated accordingly) Lease shall apply. "