Common use of Delay in Commencement Clause in Contracts

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises to Tenant on the Commencement Date specified in Section 1.05 above. Landlord's non-delivery of possession of the Demised Premises to Tenant on the Commencement Date will not affect this Lease or the obligations of Tenant under this Lease. However, the Commencement Date shall be delayed until possession of the Demised Premises is delivered to Tenant. The Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises to Tenant, plus the number of days necessary for the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises to Tenant within sixty (60) days after the Commencement Date specified in Section 1.05, Tenant may cancel this Lease by giving written notice to Landlord within ten (10) days after the 60-day period ends. If Tenant gives such notice, this Lease shall be canceled effective as of the date of its execution, and no party shall have any obligations under this Lease. If Tenant does not give such notice within the time specified, Tenant shall have no right to cancel this Lease, and the Lease Term shall commence upon the delivery of possession of the Demised Premises to Tenant. If delivery of possession of the Demised Premises to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised Commencement Date and Expiration Date of the Lease Term.

Delay in Commencement. Landlord shall not be liable to Tenant Notwithstanding the Commencement Date, if Landlord does for any reason Lessor cannot deliver possession of the Demised Premises to Tenant Lessee on said date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the Commencement Date specified in Section 1.05 above. Landlord's non-delivery validity of possession of the Demised Premises to Tenant on the Commencement Date will not affect this Lease or the obligations of Tenant under this Lease. HoweverLessee hereunder or extend the Term hereof, the Commencement Date but in such case Lessee shall not be delayed obligated to pay rent until possession of the Demised Premises is tendered to Lessee; provided, however, that if Lessor shall not have delivered to Tenant. The Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises to Tenant, plus the number of days necessary for the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises to Tenant within sixty ninety (6090) days after from the Commencement Date specified and such delay is absent of force majeure or otherwise, Lessee may, at Lessee’s option, by notice in Section 1.05, Tenant may cancel this Lease by giving written notice writing to Landlord Lessor within ten (10) days after the 60-day period ends. If Tenant gives such noticethereafter, this Lease shall be canceled effective as of the date of its execution, and no party shall have any obligations under this Lease. If Tenant does not give such notice within the time specified, Tenant shall have no right to cancel this Lease, in which event the parties shall be discharged from all obligations hereunder. If Lessee occupies the Premises prior to the Commencement Date, such occupancy shall be subject to all provisions hereof; such occupancy shall not advance the Expiration Date, and Lessee shall pay rent from its date of occupancy at the initial monthly rates set forth below. If Lessor, by reason of force majeure or otherwise, cannot deliver the Premises within ninety (90) days from the Commencement Date, Lessor or Lessee may, at their respective options, by notice in writing within ten (10) days thereafter, cancel this Lease. In the event Lessor is required to improve the Premises in the manner described on Exhibit “B” attached hereto (the “Lessor’s Work”), Lessor agrees to use reasonable diligence to have Lessor’s Work completed and the Lease Term shall commence upon Premises ready for occupancy on or before the delivery of possession of the Demised Premises to Tenant. If delivery of possession of the Demised Premises to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised Commencement Date and Expiration Date of the Lease TermDate.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises Property to Tenant on the Commencement Date specified in Section 1.05 aboveDate. Landlord's ’s non-delivery of possession of the Demised Premises Property to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, Lease except that the Commencement Date shall be delayed until Landlord delivers possession of the Demised Premises is delivered Property to Tenant. The Tenant and the Lease Term shall be extended for a period equal to the delay in [Illegible] delivery of possession of the Demised Premises Property to Tenant, plus the number of days necessary for to end the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises Property to Tenant within sixty (60) days after the Commencement Date specified in Section 1.05, Date. Tenant may elect to cancel this Lease by giving written notice to Landlord within ten (10) days after the sixty (60-day ) -day period ends. If Tenant gives such notice, this the Lease shall be canceled effective as of the date of its execution, cancelled and no party neither Landlord nor Tenant shall have any further obligations under this Leaseto the other. If Tenant does not give such notice within the time specifiednotice, Tenant shall have no Tenant’s right to cancel this Lease, the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Demised Premises Property to Tenant. If delivery of possession of the Demised Premises Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised actual Commencement Date and Expiration Date expiration date of the Lease TermLease. Failure to execute such amendment shall not affect the actual Commencement Date and expiration date of the Lease.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises to Tenant on the Commencement Date first date specified in Section 1.05 1.5 above. LandlordXxxxxxxx's non-delivery of possession of the Demised Premises to Tenant on the Commencement Date will that date shall not affect this Lease Sublease or the obligations of Tenant under this LeaseSublease. However, the Commencement Date shall be delayed until possession of the Demised Premises is delivered to Tenant. The Lease Sublease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises to Tenant, plus the number of days necessary for to end the Lease Sublease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises to Tenant within sixty ninety (6090) days after the Commencement Date first date specified in Section 1.051.5 above, Tenant may elect to cancel this Lease Sublease by giving written notice to Landlord within ten (10) days after the 6090-day period ends. If Tenant gives such notice, this Lease the Sublease shall be canceled effective as of the date of its execution, cancelled and no party neither Landlord nor Tenant shall have any further obligations under this Leaseto the other. If Tenant does not give such notice within the time specifiednotice, Tenant shall have no Xxxxxx's right to cancel this Lease, the Sublease shall expire and the Lease Sublease Term shall commence upon the delivery of possession of the Demised Premises to Tenant. If delivery of possession of the Demised Premises to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease Sublease setting forth the revised Commencement Date and Expiration Date expiration date of the Lease Term.Sublease. For purposes of this Section 2.3, Landlord's delivery of possession of the Premises shall mean the earlier of (i) the date Tenant occupies all or any portion of the Premises, or (ii) the date upon which the Premises are substantially complete in accordance with Exhibit A.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises Property to Tenant on the Commencement Date specified in Section 1.05 aboveDate. Landlord's non-delivery of possession deliver of the Demised Premises Property to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, Lease except that the Commencement Date shall be delayed until Landlord delivers possession of the Demised Premises is delivered Property to Tenant. The Tenant and the Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises Property to Tenant, plus the number of days necessary for to end the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises Property to Tenant within sixty (60) days after the Commencement Date specified in Section 1.05Date, Tenant may elect to cancel this Lease by giving written notice to Landlord within ten (10) days after the sixty (60-) day period ends. If Tenant gives such notice, this the Lease shall be canceled effective as of the date of its execution, cancelled and no party neither Landlord nor Tenant shall have any further obligations under this Leaseto the other. If Tenant does not give such notice within the time specifiednotice, Tenant shall have no Tenant's right to cancel this Lease, the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Demised Premises Property to Tenant. If delivery of possession of the Demised Premises Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised actual Commencement Date and Expiration Date expiration date of the Lease TermLease. Failure to execute such amendment shall not affect the actual Commencement Date and expiration date of the Lease.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises Property to Tenant on the Commencement Date specified in Section 1.05 aboveDate. Landlord's non-delivery of possession of the Demised Premises Property to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, Lease except that the Commencement Date shall be delayed until Landlord delivers possession of the Demised Premises is delivered Property to Tenant. The Tenant and the Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises Property to Tenant, plus the number of days necessary for to end the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises Property to Tenant within sixty (60) days after the Commencement Date specified in Section 1.05Date, Tenant may elect to cancel this Lease by giving written notice to Landlord within ten (10) days after the sixty (60-day ) -day period ends. If Tenant gives such notice, this the Lease shall be canceled effective as of the date of its execution, cancelled and no party neither Landlord nor Tenant shall have any further obligations under this Leaseto the other. If Tenant does not give such notice within the time specifiednotice, Tenant shall have no Tenant's right to cancel this Lease, the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Demised Premises Property to Tenant. If delivery of possession of the Demised Premises Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised actual Commencement Date and Expiration Date expiration date of the Lease TermLease. Failure to execute such amendment shall not affect the actual Commencement Date and expiration date of the Lease.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises Property to Tenant on the Commencement Date specified in Section 1.05 aboveDate. Landlord's ’s non-delivery of possession of the Demised Premises Property to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, Lease except that the Commencement Date shall be delayed until Landlord delivers possession of the Demised Premises is delivered Property to Tenant. The Tenant and the Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises Property to Tenant, plus the number of days necessary for to end the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises Property to Tenant within sixty one hundred twenty (60120) days after the Commencement Date specified in Section 1.05Date, Tenant may elect to cancel this Lease by giving written notice to Landlord within ten (10) days after the 60-one hundred twenty (120) –day period ends. If Tenant gives such notice, this the Lease shall be canceled effective as of the date of its execution, and no party neither Landlord nor Tenant shall have any further obligations under this Leaseto the other. If Tenant does not give such notice within the time specifiednotice, Tenant shall have no Tenant’s right to cancel this Lease, the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Demised Premises Property to Tenant. If delivery of possession of the Demised Premises Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised actual Commencement Date and Expiration Date expiration date of the Lease TermLease. Failure to execute such amendment shall not affect the actual Commencement Date and expiration date of the Lease.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises Property to Tenant on the Commencement Date first date specified in Section 1.05 above. Landlord's nonLandxxxx'x xon-delivery of possession of the Demised Premises Property to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, the Commencement Date shall be delayed until possession of the Demised Premises Property is delivered to Tenant. The Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises Property to Tenant, plus the number of days necessary for to end the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises Property to Tenant within sixty (60) days after the Commencement Date first date specified in Section 1.051.05 above, Tenant may elect to cancel this Lease by giving written notice to Landlord within ten (10) days after the 60-day period ends. If Tenant gives such notice, this the Lease shall be canceled effective as of the date of its execution, and no party neither Landlord nor Tenant shall have any further obligations under this Leaseto the other. If Tenant does not give such notice within the time specifiednotice, Tenant shall have no right Tenaxx'x xight to cancel this Lease, the lease shall expire and the Lease Term shall commence upon the delivery of possession of the Demised Premises Property to Tenant. If delivery of possession of the Demised Premises Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised Commencement Date and Expiration Date expiration date of the Lease TermLease.

Delay in Commencement. Landlord shall not be liable to Tenant Notwithstanding the Commencement Date (as set forth in Section 1.7 above), if for any reason Landlord does not deliver possession of the Demised Premises to Tenant on or before the anticipated Commencement Date specified set forth in Section 1.05 1.7 above. Landlord's non-delivery , Landlord shall not be subject to any liability therefor, nor shall such failure affect the validity of possession of the Demised Premises to Tenant on the Commencement Date will not affect this Lease or the obligations of Tenant under this Leasehereunder. HoweverNotwithstanding the foregoing or anything to the contrary contained herein, the Commencement Date shall be delayed until if Landlord is unable to deliver possession of the Demised Premises is delivered to Tenant. The Tenant on or before the anticipated Commencement Date set forth in Section 1.7 above as a direct, indirect, partial or total result of a delay caused by or resulting from any act or omission by Tenant (a “Tenant Delay”), then notwithstanding anything to the contrary set forth in this Lease Term and regardless of the actual date of the Substantial Completion of the Landlord Work in the Premises, the date of Substantial Completion thereof shall be extended for deemed to be the date that Substantial Completion would have occurred if no Tenant Delay or Delays, as set forth above, had occurred. Notwithstanding the foregoing, no Tenant Delay pursuant to this Section 3.2 shall be deemed to have occurred unless and until Landlord has provided written notice to Tenant specifying the action or inaction that Landlord contends constitutes a period equal Tenant Delay. If such action or inaction is not cured within one (1) day after receipt of such notice, then a Tenant Delay, as set forth in such notice, shall be deemed to the delay in delivery of possession have occurred commencing as of the Demised Premises to Tenant, plus date such notice is received and continuing for the number of days necessary for the Lease Term to expire on Landlord Work in the last day Premises was in fact delayed as a result of a monthsuch action or inaction. If Landlord does not deliver possession of the Demised Premises to Tenant within sixty (60) days after the Commencement Date specified in Section 1.05, Tenant may cancel this Lease by giving written notice to Landlord within Within ten (10) days after Landlord’s request, Tenant shall execute an Acceptance of Landlord Work Letter Agreement pursuant to which Tenant shall accept the 60-day period ends. If Landlord Work and the Premises and certify to Landlord the date on which Landlord gave Tenant gives such noticewritten notice that the Landlord Work (as defined in the Work Letter) was Substantially Complete, the actual Commencement Date, the date on which Tenant took possession, or was deemed and construed to have taken possession, of the Premises, the date on which Tenant first began to conduct its business in the Premises, and the actual Expiration Date, but this Lease shall be canceled effective as and the respective obligations of the date of its execution, and no party parties hereto shall have not be affected in any obligations under this Lease. If manner if Tenant does not give execute such notice within the time specified, Tenant shall have no right to cancel this Lease, and the Lease Term shall commence upon the delivery Acceptance of possession of the Demised Premises to Tenant. If delivery of possession of the Demised Premises to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised Commencement Date and Expiration Date of the Lease TermWork Letter Agreement.

Delay in Commencement. Landlord will deliver the Premises to Tenant upon LI Substantial Completion. Landlord shall use commercially reasonable efforts to achieve LI Substantial Completion on or before May 15, 2017 (the “Target Delivery Date”), subject to Force Majeure (pursuant to Section 13.13) and Tenant Delays (as defined in Section 22.01). Each day of delay due to Tenant Delay and/or Force Majeure events (under either this Lease and/or the Parking Lease) shall extend the Target Delivery Date by one (1) day, provided that Landlord provides written notice to Tenant of any claimed Force Majeure delay not later than ten (10) business days following the commencement thereof. Except as otherwise set forth herein, Landlord shall not be liable to Tenant if in the event Landlord does not deliver possession of fails to achieve LI Substantial Completion by the Demised Premises to Tenant on the Commencement Target Delivery Date specified in Section 1.05 above. Landlord's non-delivery of possession of the Demised Premises to Tenant on the Commencement Date will and such failure shall not affect this Lease or the obligations of Tenant under this Lease. However, Lease except that the Base Rent Commencement Date shall be delayed until possession of the Demised Premises is delivered to Tenant. The Lease Term shall be extended for a period equal to the delay in delivery Landlord’s achievement of possession LI Substantial Completion beyond the Target Delivery Date. If the entire Premises is not made available to Tenant by the Target Delivery Date, as may be extended by Force Majeure and Tenant Delays, then Tenant shall be entitled to an abatement of the Demised Premises Base Rent equal to Tenant, plus the number of days necessary for the Lease Term to expire on the last one (1) day of a monthBase Rent for each day until the entire Premises are made available to Tenant in the condition required hereunder. If Landlord does the Premises are not deliver possession delivered by July 31, 2017 (the “Termination Date”), as may be extended due to Force Majeure (up to an aggregate maximum of the Demised Premises to ninety (90) days) and Tenant within sixty Delays (60) days after the Commencement Date specified in Section 1.05without limitation), Tenant may cancel elect to terminate this Lease by giving written providing notice to Landlord within ten (10) business days after following the 60-day period endsTermination Date but prior to the date that the entire Premises are actually delivered to Tenant in the condition required herein. If In the event of such termination, Tenant gives such notice, this Lease shall be canceled effective as entitled to the return of all Rent that it has paid to Landlord up to the date of its executiontermination and shall be required to reimburse Landlord for all costs and fees paid or to be paid by Landlord that are attributable to any and all alterations, and no party shall have any obligations under modifications and/or improvements to the Premises requested or approved in writing by Tenant with respect to Tenant’s use and/or occupancy of the Premises. In the event of termination pursuant to this Lease. If Tenant does not give such notice within the time specifiedSection 2.03, Tenant Landlord shall have no right obligation to cancel this Lease, and fund the Lease Term shall commence upon the delivery of possession TI Allowance (defined in Section 22.02). If only a portion of the Demised Premises is ready for Tenant’s occupancy, Tenant may elect to Tenantoccupy such portion while also earning Base Rent abatements for the unoccupied portion under this Section 2.03 until the date that the entire Premises are delivered to Tenant in the condition required hereunder. If delivery Prior to any occupancy by Tenant of possession only a portion of the Demised Premises to as described above, Tenant is delayed, must first obtain the consent of Landlord (in Landlord’s sole and absolute discretion) and Landlord and/or Tenant shall, upon must first have obtained all necessary City of Fairfield (“City”) approvals necessary for such delivery, execute an amendment to this Lease setting forth the revised Commencement Date and Expiration Date of the Lease Termpartial occupancy.

Delay in Commencement. Landlord shall grant Tenant access to the Premises to Tenant for purposes of Tenant commencing its Tenant Improvements on the Effective Date (“Delivery Date”). If Landlord is unable to grant Tenant access to the Building by the Delivery Date for purposes of Tenant commencing its Tenant Improvements for any reason whatsoever, Landlord shall not be liable to Tenant if Landlord does not deliver possession of for any damages or losses resulting therefrom and this Lease shall continue in full force and effect, except for the Demised Premises to Tenant on the anticipated Commencement Date specified in Section 1.05 above. Landlord's non-delivery of possession of hereof and Tenant’s obligation to pay Base Rent and/or other rental pursuant hereto shall be extended one day for each day beyond the Demised Premises Delivery Date that Landlord fails to grant Tenant on access to the Commencement Date will not affect this Lease or the obligations Building for purposes of Tenant under this Lease. However, commencing its Tenant Improvements (regardless of whether Tenant actually accesses the Commencement Building on that date) and the Expiration Date shall be delayed until possession of the Demised Premises is delivered to Tenant. The Lease Term shall be extended for a period equal to the delay in delivery of possession of access to the Demised Premises to Tenant, plus the number of days necessary for to end the Lease Term to expire on the last day of a month, and Rent shall be prorated for any partial month accordingly. If Except for Tenant’s rights to object as set forth in this Lease, Landlord does not deliver possession has met the requirements to cause the Delivery Date to occur upon the date of the Demised execution and delivery of this Lease. In the event that Landlord has not delivered access to the Premises to Tenant to commence its Tenant Improvements within sixty two (602) business days after following the Commencement Date specified in Section 1.05date of the execution and delivery of this Lease and Tenant’s proof of insurance as required herein, Tenant may cancel terminate this Lease by giving delivering written notice of such termination to Landlord within ten (10) days after the 60-day period ends. If Tenant gives such notice, this Lease shall be canceled effective as of on or prior to the date of its execution, and no party shall have any obligations under this Lease. If Tenant does not give Landlord delivers such notice within the time specified, Tenant shall have no right to cancel this Lease, and the Lease Term shall commence upon the delivery of possession of the Demised Premises access to Tenant. If delivery of possession of the Demised Premises to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised Commencement Date and Expiration Date of the Lease Term.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises Property to Tenant on the Commencement Date specified in Section 1.05 aboveDate. Landlord's non-delivery of possession of the Demised Premises Property to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, Lease except that the Commencement Date shall be delayed until Landlord delivers possession of the Demised Premises is delivered Property to Tenant. The Tenant and the Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises Property to Tenant, plus the number of days necessary for to end the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises Property to Tenant within sixty (60) days after the Commencement Date specified in Section 1.05Date, Tenant may elect to cancel this Lease by giving written notice to Landlord within ten (10) days after the sixty (60-) day period ends. If Tenant gives such notice, this the Lease shall be canceled effective as of the date of its execution, cancelled and no party neither Landlord nor Tenant shall have any further obligations under this Leaseto the other. If Tenant does not give such notice within the time specifiednotice, Tenant shall have no Tenant's right to cancel this Lease, the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Demised Premises Property to Tenant. If delivery of possession of the Demised Premises Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised actual Commencement Date and Expiration Date expiration date of the Lease TermLease. Failure to execute such amendment shall not affect the actual Commencement Date and expiration date of the Lease.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises Property to Tenant on the Commencement Date specified in Section 1.05 aboveDate. Landlord's ’s non-delivery of possession of the Demised Premises Property to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, Lease except that the Commencement Date shall be delayed until Landlord delivers possession of the Demised Premises is delivered Property to Tenant. The Tenant and the Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises Property to Tenant, plus the number of days necessary for to end the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises Property to Tenant within sixty (60) days after the Commencement Date specified in Section 1.05Date, Tenant may elect to cancel this Lease by giving written notice to Landlord within ten (10) days after the 60-day such sixty (60)-day period ends. If Tenant gives such notice, this the Lease shall be canceled effective as of the date of its execution, and no party neither Landlord nor Tenant shall have any further obligations under this Leaseto the other. If Tenant does not give such notice within the time specifiednotice, Tenant shall have no Tenant’s right to cancel this Lease, the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Demised Premises Property to Tenant. If delivery of possession of the Demised Premises Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised actual Commencement Date and Expiration Date expiration date of the Lease TermLease. Failure to execute such amendment shall not affect the actual Commencement Date and expiration date of the Lease.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises Property to Tenant on the Commencement Date specified in Section 1.05 aboveDate. Landlord's non-delivery of possession of the Demised Premises Property to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, Lease except that the Commencement Date shall be delayed until Landlord delivers possession of the Demised Premises is delivered Property to Tenant. The Tenant and the Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises Property to Tenant, plus the number of days necessary for to end the Lease Term to expire on the last day lastday of a month. If Landlord does not deliver possession of the Demised Premises Property to Tenant within sixty (60) days after the Commencement Date specified in Section 1.05Date, Tenant may elect to cancel this Lease by giving written notice to Landlord within ten (10) days after the 60-day sixty (60)day period ends. If Tenant gives such notice, this the Lease shall be canceled effective as of the date of its execution, cancelled and no party neither Landlord nor Tenant shall have any further obligations under this Leaseto the other. If Tenant does not give such notice within the time specifiednotice, Tenant shall have no Xxxxxx's right to cancel this Lease, the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Demised Premises Property to Tenanttenant. If delivery of possession of the Demised Premises Property to Tenant is delayed, delayed Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised actual Commencement Date and Expiration Date expiration date of the Lease TermLease. Failure to execute such amendment shall not affect the actual Commencement Date and expiration date of the Lease.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises Property to Tenant on the Commencement Date specified in Section 1.05 aboveDate. Landlord's non-delivery of possession of the Demised Premises Property to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, Lease except that the Commencement Date shall be delayed until Landlord delivers possession of the Demised Premises is delivered Property to Tenant. The Tenant and the Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises Property to Tenant, plus the number of days necessary for to end the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises Property to Tenant within sixty ninety (6090) days after the Commencement Date specified in Section 1.05Date, Tenant may elect to cancel this Lease by giving written notice to Landlord within ten (10) days after the 60-ninety (90) day period ends. If Tenant gives such notice, this Lease shall be canceled effective as of the date of its execution, cancelled and no party neither Landlord nor Tenant shall have any further obligations under this Leaseto the other; provided, however, that Landlord shall return the Security Deposit to Tenant not more than thirty (30) days after receipt of Tenant's written termination notice. If Tenant does not give such notice within the time specifiednotice, Tenant shall have no Xxxxxx's right to cancel this Lease, Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Demised Premises Property to Tenant. If delivery of possession of the Demised Premises Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised actual Commencement Date and Expiration expiration date of this Lease. Failure to execute such amendment shall not affect the actual Commencement Date and expiration date of the Lease Termthis Lease.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises Property to Tenant on the Commencement Date specified in Section 1.05 aboveDate. Landlord's non-non- delivery of possession of the Demised Premises Property to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, Lease except that the Commencement Date shall be delayed until Landlord delivers possession of the Demised Premises is delivered Property to Tenant. The Tenant and the Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises Property to Tenant, plus the number of days necessary for to end the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises Property to Tenant within sixty (60) days after the Commencement Date specified in Section 1.05Date, Tenant may elect to cancel this Lease by giving written notice to Landlord within ten (10) days after the 60-day sixty (60)-day period ends. If Tenant gives such notice, this the Lease shall be canceled effective as of the date of its execution, and no party neither Landlord nor Tenant shall have any further obligations under this Leaseto the other. If Tenant does not give such notice within the time specifiednotice, Tenant shall have no Xxxxxx's right to cancel this Lease, the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Demised Premises Property to Tenant. If delivery of possession of the Demised Premises Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised actual Commencement Date and Expiration Date expiration date of the Lease TermLease. Failure to execute such amendment shall not affect the actual Commencement Date and expiration date of the Lease.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises Property to Tenant on the Commencement Date specified in Section 1.05 aboveDate. Landlord's non-delivery of possession of the Demised Premises Property to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, Lease except that the Commencement Date shall be delayed until Landlord delivers possession of the Demised Premises is delivered Property to Tenant. The Tenant and the Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises Property to Tenant, plus the number of days necessary for to end the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises Property to Tenant within sixty (60) days after the Commencement Date specified in Section 1.05Date, Tenant may elect to cancel this Lease by giving given written notice to Landlord within ten (10) days after the sixty (60-day ) -day period ends. If Tenant gives such notice, this the Lease shall be canceled effective as of the date of its execution, cancelled and no party neither Landlord nor Tenant shall have any further obligations under this Leaseto the other. If Tenant does not give such notice within the time specifiednotice, Tenant shall have no Xxxxxx's right to cancel this Lease, the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Demised Premises Property to Tenant. If delivery of possession of the Demised Premises Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised actual Commencement Date and Expiration Date expiration date of the Lease TermLease. Failure to execute such amendment shall not affect the actual Commencement Date and expiration date of the Lease.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises to Tenant on the Commencement Date first date specified in Section 1.05 above. Landlord's non-delivery nondelivery of possession of the Demised Premises to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, the Commencement Date shall be delayed until possession of the Demised Premises is delivered to Tenant. The Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises to Tenant, plus the number of days necessary for the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises to Tenant within sixty thirty (6030) days after the Commencement Date first date specified in Section 1.051.05 above, Tenant may elect to cancel this Lease by giving written notice to Landlord within ten (10) days after the 6030-day period ends. If Tenant gives such notice, this the Lease shall be canceled effective as of the date of its execution, and no party hereto shall have any obligations under this Leaseobligations, one to the other. If Tenant does not give such notice within the time specified, Tenant shall have no right to cancel this the Lease, and the Lease Term shall commence upon the delivery of possession of the Demised Premises to Tenant. If delivery of possession of the Demised Premises to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised Commencement Date and Expiration Date expiration date of the Lease Term.

Delay in Commencement. Landlord shall deliver possession of the Property, Substantially Completed as defined in Paragraph 10 of Rider 1 attached hereto and incorporated by reference herein, to Tenant on January 26, 2007, subject to Force Majeure and Tenant Delay (as hereinafter defined) (the “Commencement Date”). If possession of the Property is not delivered to Tenant within thirty (30) days after the Commencement Date, Landlord shall not be liable subject to Tenant if Landlord does not deliver possession any liability therefor, nor shall such failure affect the validity of the Demised Premises to Tenant on the Commencement Date specified in Section 1.05 above. Landlord's non-delivery of possession of the Demised Premises to Tenant on the Commencement Date will not affect this Lease Lease, or the obligations of Tenant hereunder, or extend the term hereof, but in such case, Tenant shall not be obligated to pay rent or perform any other obligation of Tenant under the terms of this Lease. However, the Commencement Date shall be delayed Lease until Landlord delivers possession of the Demised Premises is delivered to Tenant. The Lease Term Except as may be otherwise provided, and regardless of when the term actually commences, if possession is not tendered to Tenant within thirty (30) days of January 26, 2007, subject to Force Majeure and Tenant Delay Tenant shall be extended receive one (1) day of abatement of Base Rent and Additional Rent for a each day after expiration of the thirty (30) day period equal to the delay in delivery of after January 26, 2007, that Tenant has not received possession of the Demised Premises Premises, subject to Tenant, plus the number of days necessary for the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises to Force Majeure and Tenant within sixty (60) days after the Commencement Date specified in Section 1.05, Tenant may cancel this Lease by giving written notice to Landlord within ten (10) days after the 60-day period ends. If Tenant gives such notice, this Lease shall be canceled effective as of the date of its execution, and no party shall have any obligations under this Lease. If Tenant does not give such notice within the time specified, Tenant shall have no right to cancel this Lease, and the Lease Term shall commence upon the delivery of possession of the Demised Premises to TenantDelay. If delivery of possession of the Demised Premises Property to Tenant is delayeddelayed up to sixty (60) days after January 26, 2007, Tenant shall receive two (2) days of abatement of Base Rent and Additional Rent for each day after expiration of the sixty (60) day period after January 26, 2007, that Tenant has not received possession of the Premises, subject to Force Majeure and Tenant Delay. If after ninety (90) days after January 26, 2007, subject to Tenant Delay, Tenant has not received possession of the Property, Tenant may terminate this Lease. Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised actual Commencement Date and Expiration Date expiration date of the Lease TermLease. Failure to execute such amendment shall not affect the actual Commencement Date and expiration date of the Lease. The above dates are subject to receipt of an Army Corps of Engineer 404 wetlands permit by May 15, 2006.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises Property to Tenant on the Commencement Date specified in Section 1.05 aboveDate. Landlord's non-delivery of possession of the Demised Premises Property to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, Lease except that the Commencement Date shall be delayed until Landlord delivers possession of the Demised Premises is delivered Property to Tenant. The Tenant and the Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises Property to Tenant, plus the number of days necessary for to end the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises Property to Tenant within sixty one hundred twenty (60120) days after the Commencement Date specified in Section 1.05Date, Tenant may elect to cancel this Lease by giving written notice to Landlord within ten (10) days after the 60-day one hundred twenty (120) -day period ends. If Tenant gives such notice, this the Lease shall be canceled effective as of the date of its execution, and no party neither Landlord nor Tenant shall have any further obligations under this Leaseto the other. If Tenant does not give such notice within the time specifiednotice, Tenant shall have no Xxxxxx's right to cancel this Lease, the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Demised Premises Property to Tenant. If delivery of possession of the Demised Premises Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised actual Commencement Date and Expiration Date expiration date of the Lease TermLease. Failure to execute such amendment shall not affect the actual Commencement Date and expiration date of the Lease.

Delay in Commencement. Notwithstanding said Commencement Date, if for any reason Landlord shall not be liable to Tenant if Landlord does cannot deliver possession of the Demised Premises to Tenant on said date, Landlord shall not be subject to any liability therefor, nor shall such failure affect the Commencement Date specified in Section 1.05 above. Landlord's non-delivery validity of possession of the Demised Premises to Tenant on the Commencement Date will not affect this Lease or the obligations of Tenant under this Leasehereunder. However, in such case Tenant shall not be obligated to pay rent until possession of the Premises is tendered to Tenant, which date shall be the new Commencement Date, and the Expiration Date shall be thirty-six (36) months after the new Commencement Date. In the event the Tenant is not notified of Delivery of Possession on or before February 15, 2000, the Commencement Date shall be delayed until possession to April 1, 2000, provided the Landlord has a temporary Certificate of Occupancy and further provided that the Demised Premises Landlord has notified the Tenant of Delivery of Possession. Notwithstanding the foregoing, if the Tenant is delivered to Tenant. The Lease Term informed of Delivery of Possession after February 15, 2000 and on or before March 15, 2000, while the Commencement Date shall be extended for a period equal delayed to April 1, 2000, the Tenant shall not be entitled to the delay in delivery fifteen (15) days of possession free rent as provided by Section 1.7. In the event the Tenant is notified of Delivery of Possession after March 15, 2000 and before April 1, 2000, while the Demised Premises Commencement Date shall be fifteen (15) days after Tenant is notified of Delivery of Possession, the Tenant shall be entitled to Tenantfree rent, plus not to exceed fifteen (15) days, for the number of days necessary for the Lease Term from March 16, 2000 to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises to Tenant within sixty (60) days after the Commencement Date specified in Section 1.05, Tenant may cancel this Lease by giving written notice to Landlord within ten (10) days after the 60-day period ends. If Tenant gives such notice, this Lease shall be canceled effective as of the date of its execution, and no party shall have any obligations under this Lease. If Tenant does not give such notice within the time specified, Tenant shall have no right to cancel this Lease, and the Lease Term shall commence upon the delivery of possession of the Demised Premises to Tenant. If delivery of possession of the Demised Premises to Tenant is delayednotified of Delivery of Possession. Upon Landlord's request, Landlord and Tenant shall, upon such delivery, the parties agree to execute in writing an amendment Addendum to this Lease setting forth certify the revised Commencement Date and Expiration Date hereof, but this Lease shall not be affected in any manner if either party fails or refuses to execute such Addendum. In the event Landlord fails to deliver possession by May 1, 2000, Tenant may terminate this Lease and all further obligations of the Lease Termparties to one another hereunder shall be void, and Tenant shall be entitled to a refund of all costs incurred and paid by the Tenant for Tenant Finish in excess of costs paid by the Landlord under the Tenant Finish Allowance; provided, however, so long as Landlord has proceeded in good faith and with due diligence to prosecute completion of all work reasonably necessary for occupancy by Tenant, such May 1, 2000 date shall be extended a reasonable period of time due to: labor or material shortages, labor disputes, fire, weather, unusual delays in transportation, unavoidable casualties, any act or negligence of Tenant, any delay in provision of requisite plans or documents from Tenant, any changes ordered by Tenant, or any other causes beyond the reasonable control of Landlord. Tenant agrees to supply all Space Plans and Tenant Finish Specifications where directed by Tenant to Landlord and Landlord's contractor by November 1, 1999. In the event the Space Plans and Specifications are not submitted by such date, then rent shall begin to accrue hereunder not later than April 1, 2000. It is the intent hereof that both Landlord and Tenant proceed diligently and without unreasonable delay to complete construction of the Property and to prepare it for occupancy at the earliest reasonable time.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises Property to Tenant on the Commencement Date first date specified in Section 1.05 above. Landlord's non-delivery of possession of the Demised Premises Property to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of the Tenant under this Lease. However, the Commencement Date shall be delayed until possession of the Demised Premises Property is delivered to Tenant. The Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises Property to Tenant, plus the number of days necessary for to end the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises Property to Tenant within sixty (60) days after the Commencement Date first date specified in Section 1.051.05 above, Tenant may elect to cancel this Lease by giving written notice to Landlord within ten (10) days after the 60-day period ends. If Tenant gives such notice, this the Lease shall be canceled cancelled effective as of the date of its execution, and no party hereto shall have any obligations under this Leaseobligations, one to the other. If Tenant does not give such notice within the time specifiednotice, Tenant shall have no Tenant's right to cancel this Lease, the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Demised Premises Property to Tenant. If delivery of possession of the Demised Premises Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised Commencement Date and Expiration Date expiration date of the Lease TermLease.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises Property to Tenant on the Commencement Estimated Substantial Completion Date specified in Section 1.05 abovewith the Building Shell Improvements Substantially Completed. Landlord's ’s non-delivery of possession of the Demised Premises Property to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, except that (a) Tenant shall be entitled to receive one (1) day of Base Rent abatement for each day of delay beyond the Estimated Substantial Completion Date and two (2) days of Base Rent abatement for each day of delay beyond ninety (90) days following the Estimated Substantial Completion Date (unless, in either case, such delay is the result of Tenant Delay, as defined in Section 14.06 below, or the result of a Force Majeure event, as defined in Section 16.12 below), and (b) the Lease Commencement Date shall be delayed until possession of the Demised Premises is delivered to Tenant. The Lease Term shall be extended for a period equal to the delay in one hundred eighty (180) days following Landlord’s delivery of possession of the Demised Premises Property to Tenant, plus Tenant following such Substantial Completion of the number of days necessary for Building Shell Improvements (unless such delay is the Lease Term to expire on the last day result of a monthTenant Delay). If Subject to any Tenant Delay or Force Majeure delay, if Landlord does not deliver possession of the Demised Premises Property to Tenant within sixty one hundred eighty (60180) days after the Commencement Date specified in Section 1.05Estimated Substantial Completion Date, Tenant may elect to cancel and terminate this Lease by giving written notice to Landlord within ten fifteen (1015) days after the 60-day one hundred eighty (180)-day period ends. If Tenant gives such notice, this Lease shall be canceled effective as of the date of its executionand terminated, and no party neither Landlord nor Tenant shall have any further obligations under to the other, excepting only those obligations which have accrued prior to or which expressly survive termination of this Lease. If Tenant does not timely give such notice within the time specifiednotice, Tenant shall have no Tenant’s right to cancel and terminate this Lease, Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Demised Premises Property to Tenant. If delivery of possession Tenant following Substantial Completion of the Demised Premises to Tenant is delayedBuilding Shell Improvements. Consistent with the terms of Section 1.05(b) above, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised actual Lease Commencement Date and Lease Expiration Date, substantially in the form attached as Exhibit “E” to this Lease, which Tenant shall execute and return to Landlord within five (5) days after receipt from Landlord. Failure to execute such amendment shall not affect the actual Lease Commencement Date and Lease Expiration Date. The failure of Tenant to take possession of or to occupy the Property shall not serve to relieve Tenant of any obligations arising on the Lease TermCommencement Date, and shall not delay the payment of rent by Tenant.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of 3 the Demised Premises Property to Tenant on the Commencement Date specified in Section 1.05 aboveDate. Landlord's non-delivery of possession of the Demised Premises Property to Tenant on the Commencement Date will that date shall not affect this Lease lease or the obligations of Tenant under this Lease. However, Lease except that the Commencement Date shall be delayed until Landlord delivers possession of the Demised Premises is delivered Property to Tenant. The Tenant and the Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises Property to Tenant, plus the number of days necessary for to and the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises Property to Tenant within Within sixty (60) days after the Commencement Date specified in Section 1.05Date, Tenant may elect to cancel this Lease by giving written notice to Landlord within ten (10) days after the sixty (60-day ) -day period ends. If Tenant gives such notice, this the Lease shall be canceled effective as of the date of its execution, and no party neither Landlord nor Tenant shall have any further obligations under this Leaseto the other. If Tenant does not give such notice within the time specifiednotice, Tenant shall have no Tenant's right to cancel this Lease, the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Demised Premises Property to Tenant. If delivery of possession of the Demised Premises Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease lease setting forth the revised actual Commencement Date and Expiration Date expiration date of the Lease TermLease. Failure to execute such amendment shall not affect the actual Commencement Date and expiration date of the Lease.

Delay in Commencement. Landlord shall not be liable to Tenant Notwithstanding the scheduled Commencement Date, if Landlord does for any reason Lessor cannot deliver possession of the Demised Premises to Tenant Lessee on said date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the Commencement Date specified in Section 1.05 above. Landlord's non-delivery validity of possession of the Demised Premises to Tenant on the Commencement Date will not affect this Lease or the obligations of Tenant under Lessee hereunder, but in such case Lessee shall not be obligated to pay Rent until possession of the Premises is tendered to Lessee and the Commencement Date has occurred; provided, however, that if Lessor shall not have delivered possession of the Premises within 90 days from the scheduled Commencement Date and such delay is absent of Force Majeure (as defined in Section 26), Lessee may, at Lessee’s option, by notice in writing to Lessor within 10 business days thereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder. If Lessor, by reason of Force Majeure, cannot deliver the Premises within 120 days from the scheduled Commencement Date, Lessor or Lessee may, at their respective options, by notice in writing within 10 business days thereafter, cancel this Lease. HoweverSubject to the terms of this Section 3.2, in the event Lessor is unable to deliver possession of the Premises to Lessee on the scheduled Commencement Date, the scheduled Commencement Date shall be delayed extended on a day for day basis until possession of the Demised Premises is delivered to TenantLessee, and such extended Commencement Date shall thereupon become the actual Commencement Date. The Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises to Tenant, plus the number of days necessary for the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises to Tenant within sixty (60) days Promptly after the actual Commencement Date specified in Section 1.05has occurred, Tenant may cancel this Lease by giving written notice to Landlord within ten (10) days after the 60-day period ends. If Tenant gives parties shall execute a certificate memorializing such notice, this Lease shall be canceled effective as of the date of its execution, and no party shall have any obligations under this Lease. If Tenant does not give such notice within the time specified, Tenant shall have no right to cancel this Lease, and the Lease Term shall commence upon the delivery of possession of the Demised Premises to Tenant. If delivery of possession of the Demised Premises to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised Commencement Date and Expiration Date of the Lease Termdates.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises Property to Tenant on the Commencement Date specified in Section 1.05 aboveDate. LandlordXxxxxxxx's non-delivery of possession of the Demised Premises Property to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, Lease except that the Commencement Date shall be delayed until Landlord delivers possession of the Demised Premises is delivered Property to Tenant. The Lease Term shall not be extended for a period equal to and the delay in delivery of possession expiration date of the Demised Premises to Tenant, plus the number of days necessary for the Lease Term to expire on the last day of a monthshall remain unchanged. If Landlord does not deliver possession of the Demised Premises Property to Tenant within sixty ninety (6090) days after the Commencement Date specified in Section 1.05Date, Tenant may elect to cancel this Lease by giving written notice to Landlord within ten (10) days after the 60-day ninety (90)-day period ends. If Tenant gives such notice, this the Lease shall be canceled effective as of the date of its execution, cancelled and no party neither Landlord nor Tenant shall have any further obligations under this Leaseto the other. If Tenant does not give such notice within the time specifiednotice, Tenant shall have no Xxxxxx's right to cancel this Lease, the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Demised Premises Property to Tenant. If delivery of possession of the Demised Premises Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised actual Commencement Date and Expiration Date expiration date of the Lease TermLease. Failure to execute such amendment shall not affect the actual Commencement Date and expiration date of the Lease.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises to Tenant on the Commencement Date first date specified in Section 1.05 above. Landlord's non-delivery nondelivery of possession of the Demised Premises to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, the Commencement Date shall be delayed until possession of the Demised Premises is delivered to Tenant. The Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises to Tenant, plus the number of days necessary for the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises to Tenant within sixty (60) days after the Commencement Date first date specified in Section 1.051.05 above, Tenant may elect to cancel this Lease by giving written notice to Landlord within ten (10) days after the 60-day period ends. If Tenant gives such notice, this the Lease shall be canceled cancelled effective as of the date of its execution, and no party hereto shall have any obligations under this Leaseobligations, one to the other. If Tenant does not give such notice within the time specified, Tenant shall have no right to cancel this the Lease, and the Lease Term shall commence upon the delivery of possession of the Demised Premises to Tenant. If delivery of possession of the Demised Premises to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised Commencement Date and Expiration Date expiration date of the Lease Term.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises Property to Tenant on the Commencement Date specified in Section 1.05 aboveEstimated Substantial Completion Date. Landlord's non-delivery of possession of the Demised Premises Property to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, except that the Lease Commencement Date shall be delayed until possession the one hundred eightieth (180th) day following Substantial Completion of the Demised Premises Building Shell Improvements (unless such delay in Substantial Completion of the Building Shell Improvements is delivered to Tenant. The Lease Term the result of a Tenant Delay, as defined in Section 14.02 below, in which event the 180-day period shall be extended reduced for a period equal to the delay in delivery period of possession Tenant Delay). If Substantial Completion of the Demised Premises to Tenant, plus the number of days necessary for the Lease Term to expire on the last day of a month. If Landlord Building Shell Improvements does not deliver possession of the Demised Premises to Tenant occur within sixty one hundred eighty (60180) days after following the Commencement Estimated Substantial Completion Date specified (extended for any periods of Tenant Delay and any Force Majeure Delay as defined in Section 1.0516.12 below), Tenant may elect to cancel and terminate this Lease by giving written notice to Landlord within ten fifteen (1015) business days after the 60-day one hundred eighty (180)-day period (as it may have been extended) ends. If Tenant gives such notice, this Lease shall be canceled effective as of the date of its executionand terminated, and no party neither Landlord nor Tenant shall have any further obligations under to the other, excepting only those obligations which have accrued prior to or which expressly survive termination of this Lease. If Tenant does not fails to timely give such notice within notice, the time specified, Tenant shall have no right to cancel and terminate this LeaseLease shall expire, and the Lease Term shall commence upon on the delivery of possession one hundred eightieth (180th) day following Substantial Completion of the Demised Premises to TenantBuilding Shell Improvements. If delivery Consistent with the terms of possession Section 1.05(b) above, upon determination of the Demised Premises to Tenant is delayeddate of Substantial Completion of the Building Shell Improvements and the Lease Commencement Date, Landlord and Tenant shall, upon such delivery, shall promptly execute an amendment to this Lease setting forth the revised Lease Commencement Date and Lease Expiration Date, substantially in the form attached as Exhibit "E" to this Lease. Failure to execute such amendment shall not affect the actual Lease Commencement Date and Lease Expiration Date. The failure of Tenant to take possession of or to occupy the Property shall not serve to relieve Tenant of any obligations arising on the Lease TermCommencement Date, and shall not delay the payment of rent by Tenant.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises Property to Tenant on the Commencement Date specified in Section 1.05 aboveDate. Landlord's non-delivery of possession of the Demised Premises Property to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, Lease except that the Commencement Date shall be delayed until Landlord delivers possession of the Demised Premises is delivered Property to Tenant. The Tenant and the Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises Property to Tenant, plus the number of days necessary for to end the Lease Term to expire on the last day of a month. In the event the Commencement Date is delayed, the Rental Commencement Date shall be delayed for a like number of days. If Landlord does not deliver possession of the Demised Premises Property to Tenant within sixty ninety (6090) days after the Commencement Date specified May 1, 2000, subject to delays resulting from force majeure as provided in Section 1.0513.12, Tenant may elect to cancel this Lease by giving written notice to Landlord within ten (10) days after the 60-ninety (90) day period ends. If Tenant gives such notice, this Lease shall be canceled effective as of the date of its execution, and no party shall have any obligations under this Lease. If Tenant does not give such notice within the time specifiednotice, Tenant shall have no Tenant's right to cancel this Lease, the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Demised Premises Property to Tenant. If delivery of possession of the Demised Premises Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised actual Commencement Date and Expiration Date expiration date of the Lease TermLease. Failure to execute such amendment shall not affect the actual Commencement Date and expiration date of the Lease.

Delay in Commencement. Landlord and Tenant hereby acknowledge that the current lease for the Premises between Landlord and Ameriserve expires October 31, 1999. Tenant is attempting to negotiate an agreement with Ameriserve to obtain access to the Premises in advance of the expiration of Ameriserve's lease. Provided Tenant is able to do so, and further provided that Tenant makes the Premises accessible to Landlord for completion of the Improvements (defined below) on or before the dates noted below, Landlord agrees to complete the Improvements and deliver possession of the Premises to Tenant on the Lease Commencement Date. If Tenant does not provide Landlord with access to the Premises by the dates noted below, Landlord still shall make reasonable efforts to deliver possession of the Premises to Tenant on the Lease Commencement Date, but shall be under no obligation to do so. At a minimum, Landlord shall have 60 days from the date Tenant provides Landlord access to the Premises in which to complete all of the Improvements except the repair of the floor in the warehouse and cooler area and the construction of the demising wall; Landlord shall have 20 days from the date Tenant provides Landlord access to the warehouse and cooler area in which to complete the repair of said floor, and 30 days from the date Tenant provides Landlord access to the demising wall area of the Premises in which to complete construction of same. Landlord shall not be liable to Tenant if Landlord does shall not deliver possession of the Demised Premises to Tenant on the Lease Commencement Date specified in Section 1.05 above. Landlord's non-delivery of possession of the Demised Premises to Date, unless Tenant on the Commencement Date will not affect this Lease or the obligations of Tenant under this Lease. However, the Commencement Date shall be delayed until possession of the Demised Premises is delivered to Tenant. The Lease Term shall be extended for a period equal provides Landlord access to the delay in delivery of possession of Premises by September 1, 1999 (for all repairs except the Demised Premises to Tenantwarehouse and cooler area floor and the demising wall) and by October 10, plus the number of days necessary 1999 (for the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises to Tenant within sixty (60) days after the Commencement Date specified in Section 1.05, Tenant may cancel this Lease by giving written notice to Landlord within ten (10) days after the 60-day period ends. If Tenant gives such notice, this Lease shall be canceled effective as of the date of its executionwarehouse and cooler area floor), and no party shall have any obligations under this Lease. If Tenant does not give such notice within the time specifiedby November 1, Tenant shall have no right to cancel this Lease, and the Lease Term shall commence upon the delivery of possession of the Demised Premises to Tenant. If delivery of possession of the Demised Premises to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised Commencement Date and Expiration Date of the Lease Term.1999 (for the

Delay in Commencement. If Landlord shall not is unable to deliver the Premises on the Commencement Date, such date will be liable postponed to Tenant if Landlord does not deliver the date possession of the Demised Premises is delivered to Tenant (the “New Commencement Date”). In such event, Landlord and Tenant will execute a Memorandum of Acceptance of Lease, in a form to be prepared by Landlord, setting forth the New Commencement Date and new expiration date of this Lease, which will be ten years after the New Commencement Date; provided, however, that if the New Commencement Date is more than 31 days after the original Commencement Date through no fault of Tenant, then the Tenant’s sole and exclusive remedy for such delay shall be the right to terminate the Lease upon written notice to the Landlord of such termination prior to Landlord’s delivery of the Premises to Tenant, and in such event, the Landlord shall return the Security Deposit to Tenant on and neither party shall have any obligation to the other under this Lease, except those indemnity obligations that expressly survive termination. If Tenant fails to deliver such termination notice timely to Landlord, Tenant shall be deemed to have accepted the delay in the Commencement Date specified in Section 1.05 above. Landlord's non-delivery of possession of and the Demised Premises to Tenant on the Commencement Date will not affect this Lease or the obligations of Tenant under this Lease. However, the New Commencement Date shall be delayed until possession of the Demised Premises is delivered to Tenant. The Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises to Tenant, plus the number of days necessary for the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises to Tenant within sixty (60) days after the Commencement Date specified in Section 1.05, Tenant may cancel this Lease by giving written notice to Landlord within ten (10) days after the 60-day period ends. If Tenant gives such notice, this Lease shall be canceled effective as of the date of its execution, and no party shall have any obligations for all purposes under this Lease. If Tenant does not give such notice within the time specified, Tenant shall have no right to cancel this Lease, and the Lease Term shall commence upon the delivery of possession of the Demised Premises to Tenant. If delivery of possession of the Demised Premises to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised Commencement Date and Expiration Date of the Lease Term.

Delay in Commencement. Landlord Lessor shall not be liable to Tenant Lessee if Landlord Lessor does not deliver possession of the Demised Premises Property to Tenant Lessee on the Commencement Date specified in Section 1.05 aboveDate. Landlord's nonLessxx'x xon-delivery of possession of the Demised Premises Property to Tenant Lessee on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant Lessee under this Lease. However, except that the Commencement Date shall be delayed until Lessor delivers possession of the Demised Premises is delivered Property to Tenant. The Lessee, and the Lease Term shall be extended for a period equal to the delay in In delivery of possession of the Demised Premises Property to TenantLessee, plus the number of days necessary for to end the Lease Term to expire on the last day of a month. If Landlord Lessor does not deliver possession of the Demised Premises Property to Tenant Lessee within sixty fifteen (6015) days after the Commencement Date specified in Section 1.05Date, Tenant Lessee may elect to cancel this Lease by giving written notice to Landlord Lessor within ten (10) days after the 60-fifteen (15) day period ends. If Tenant Lessee gives such notice, this the Lease shall be canceled effective as of the date of its execution, and no party neither Lessor nor Lessee shall have any further obligations under this Leaseto the other. If Tenant Lessee does not give such notice within the time specifiednotice, Tenant shall have no right Lessxx'x xight to cancel this Lease, the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Demised Premises Property to TenantLessee. If delivery of possession of the Demised Premises Property to Tenant Lessee is delayed, Landlord Lessor and Tenant Lessee shall, upon such delivery, execute an amendment to this Lease Lease, setting forth the revised actual Commencement Date and Expiration Date expiration date of the Lease TermLease. Failure to execute such amendment shall not affect the actual Commencement Date and expiration date of the Lease.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises Property to Tenant on the Commencement Date specified in Section 1.05 aboveDate. Landlord's non-delivery of possession of the Demised Premises Property to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, Lease except that the Commencement Date shall be delayed until the Landlord delivers possession of the Demised Premises is delivered Property to Tenant. The Tenant and the Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises Property to Tenant, plus the number of days necessary for to end the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises Property to Tenant within sixty (60) days after the Commencement Date specified in Section 1.05Date, Tenant may elect to cancel this Lease by giving written notice to Landlord within ten (10) days after the sixty (60-) day period ends. If Tenant gives such notice, this the Lease shall be canceled effective as of the date of its execution, and no party neither Landlord nor Tenant shall have any further obligations under this Leaseto the other. If Tenant tenant does not give such notice within the time specifiednotice, Tenant shall have no Tenant's right to cancel this Lease, the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Demised Premises Property to Tenant. If delivery of possession of the Demised Premises Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an and amendment to this Lease Lease, setting forth the revised actual Commencement Date and Expiration Date expiration date of the Lease TermLease. Failure to execute such an amendment shall not affect the actual Commencement Date and expiration date of the Lease.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises to Tenant on the Commencement Date specified date described in Section 1.05 above1.08. Landlord's non-non delivery of possession of the Demised Premises to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, Lease except that the Commencement Date shall be delayed until Landlord delivers possession of the Demised Premises is delivered to Tenant. The Tenant and the Lease Term shall be extended for a a' period equal to the delay in delivery of possession of the Demised Premises to Tenant, plus the number of days necessary for to end the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises to Tenant within sixty (60) days after the Commencement Date specified date described in Section 1.051.08, Tenant may elect to cancel this Lease by giving written notice to Landlord within ten (10) days after the sixty (60-) day period ends. If Tenant gives such notice, this the Lease shall be canceled effective as of the date of its execution, and no party neither Landlord nor Tenant shall have any further obligations under this Leaseto the other; however, Tenant shall be entitled to a full refund of all deposits and prepaid rent previously paid, which shall be Tenant's sole and absolute remedy against Landlord. If Tenant does not give such notice within the time specifiednotice, Tenant shall have no Tenant's right to cancel this Lease, the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Demised Premises to Tenant. If delivery of possession of the Demised Premises to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised Commencement Date and Expiration Date of the Lease Term.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises Property to Tenant on the Commencement Date specified in Section 1.05 aboveDate. Landlord's non-delivery of possession of the Demised Premises Property to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, Lease except that the Commencement Date shall be delayed until Landlord delivers possession of the Demised Premises is delivered Property to Tenant. The Tenant and the Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises Property to Tenant, plus the number of days necessary for to end the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises Property to Tenant within sixty (60) days after the Commencement Date specified in Section 1.05Date, Tenant may elect to cancel this Lease by giving written notice to Landlord within ten (10) days after the sixty (60-day ) -day period ends. If Tenant gives such notice, this the Lease shall be canceled effective as of the date of its execution, cancelled and no party neither Landlord nor Tenant shall have any further obligations under this Leaseto the other. If Tenant does not give such notice within the time specifiednotice, Tenant shall have no Xxxxxx's right to cancel this Lease, the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Demised Premises Property to Tenant. If delivery of possession of the Demised Premises Property to Tenant is delayed, Landlord and Tenant shall, . upon such delivery, execute an amendment to this Lease setting forth the revised actual Commencement Date and Expiration Date expiration date of the Lease TermLease. Failure to execute such amendment shall not affect the actual Commencement Date and expiration date of the Lease.

Delay in Commencement. (a) Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises Property to Tenant on the Commencement Date specified in Section 1.05 aboveDate. Landlord's non-delivery of possession of the Demised Premises Property to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, Lease except that the Commencement Date shall be delayed until Landlord delivers possession of the Demised Premises is delivered Property to Tenant. The Tenant and the Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises Property to Tenant, plus the number of days necessary for to end the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises Property to Tenant within sixty thirty (6030) days after the Commencement Date specified in Section 1.05Date, Tenant may elect to cancel this Lease by giving written notice to Landlord within ten (10) days after the 60-day thirty (30)-day period ends. If Tenant gives such notice, this the Lease shall be canceled effective as of the date of its execution, and no party neither Landlord nor Tenant shall have any further obligations under this Leaseto the other. If Tenant does not give such notice within the time specifiednotice, Tenant shall have no Tenant's right to cancel this Lease, the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Demised Premises Property to Tenant. If delivery of possession of the Demised Premises Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised actual Commencement Date and Expiration Date expiration date of the Lease TermLease. Failure to execute such amendment shall not affect the actual Commencement Date and expiration date of the Lease.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises Property to Tenant on the Commencement Date first date specified in Section 1.05 above. LandlordXxxxxxxx's non-delivery of possession of the Demised Premises Property to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, the Commencement Date shall be delayed until possession of the Demised Premises Property is delivered to Tenant. The Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises Property to Tenant, plus the number of days necessary for to end the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises Property to Tenant within sixty ninety (6090) days after the Commencement Date date first specified in Section 1.051.05 above, Tenant may elect to cancel this Lease by giving written notice to Landlord within ten thirty (1030) days after the 6090-day period ends. If Tenant gives give such notice, this the Lease shall be canceled effective as of the date of its execution, and no party neither Landlord nor Tenant shall have any further obligations under this Leaseto the other. If Tenant does not give such notice within the time specifiednotice, Tenant shall have no Tenants' right to cancel this Lease, the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Demised Premises Property to Tenant. If delivery of possession of the Demised Premises Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised Commencement Date and Expiration Date expiration date of the Lease TermLease. Tenant's aforementioned right to cancel and the effect of any other delays in commencement shall be subject to Section 15.05(a) regarding "Force Majeure."

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises Property or any portion thereof ("Nondelivered Property") to Tenant on the Commencement Date specified in Section 1.05 aboveDate. Landlord's non-delivery of possession of the Demised Premises Property to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant for the other portions of the Property under this Lease. However, Lease except that the Commencement Date on the Nondelivered Property shall be delayed until Landlord delivers possession of such Nondelivered Property to Tenant and the Demised Premises is delivered to Tenant. The Lease Term for the entire Property (including the Nondelivered Property) shall be extended for a period equal to the delay in delivery of possession of the Demised Premises Nondelivered Property to Tenant, plus the number of days necessary for to end the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises to Tenant within sixty (60) days after the Commencement Date specified in Section 1.05, Tenant may cancel this Lease by giving written notice to Landlord within ten (10) days after the 60-day period ends. If Tenant gives such notice, this Lease shall be canceled effective as of the date of its execution, and no party shall have any obligations under this Lease. If Tenant does not give such notice within the time specified, Tenant shall have no right to cancel this Lease, and the Lease Term shall commence upon the delivery of possession of the Demised Premises to Tenant. If delivery of possession any portion of the Demised Premises Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised actual Commencement Date and Expiration expiration date of this Lease. Failure to execute such amendment shall not affect the actual Commencement Date and expiration date of this Lease. Tenant may occupy and pay rent on Xxxx X-0 xxxxx Xxxx X-0 is substantially completed for Tenant to occupy. Upon the Landlord's substantial completion of Unit B-3, the Tenant will immediately vacate Xxxx X-0 xxx xxxxx Xxxx X-0 in the condition required under the Old Lease, and will move into Xxxx X-0 xxx xxxxxx Xxxx X-0 under this Lease. See Section 2.4 for the terms of Tenant's early occupancy of Unit B-3. If Landlord is not able to deliver Xxxx X-0 to the Tenant in substantially completed condition on or before November 1, 2008, then the Tenant or the Landlord may elect to terminate this Lease Termby providing written notice to the other person on or before November 20, 2008.

Delay in Commencement. Tenant agrees that in the event of the inability of Landlord for any reason to deliver possession of the Premises to Tenant on said Commencement Date set forth in Paragraph LS of the Basic Lease Provisions, Landlord shall not be liable to Tenant if Landlord does not deliver possession for any damage thereby nor shall such inability affect the validity of the Demised Premises to Tenant on the Commencement Date specified in Section 1.05 above. Landlord's non-delivery of possession of the Demised Premises to Tenant on the Commencement Date will not affect this Lease or the obligations of Tenant under this Lease. Howeverhereunder, the Commencement Date but in such case Tenant shall not be delayed obligated to pay rent or other monetary sums until possession of the Demised Premises is delivered tendered to Tenant. The Lease Term shall be extended for a period equal to , provided that if the delay in delivery of possession exceeds thirty (30) days, then the expiration date of the Demised Premises to Tenant, plus the number term of days necessary for the Lease Term shall be extended by the period of time computed from the scheduled commencement date to expire on the last day of a monthdate possession is tendered. If Landlord does Tenant occupies the Premises prior to said commencement date, such occupancy shall be subject to all provisions hereof, such occupancy shall not deliver possession of advance the Demised termination date, and Tenant shall pay Base Rent and Additional Rent for such period at the initial monthly rates as set forth in this Lease. Notwithstanding the foregoing, Tenant shall be allowed to enter the Premises prior to Tenant within sixty (60) days after the Commencement Date specified in Section 1.05for the purpose of installing its furniture, Tenant may cancel this Lease by giving written notice fixtures and equipment, with no obligation to Landlord within ten (10) days after the 60-day period ends. If Tenant gives pay rent, as long as such notice, this Lease shall be canceled effective as of the date of its execution, and no party shall have any obligations under this Lease. If Tenant entrance or installation does not give such notice within the time specified, Tenant shall have no right to cancel this Lease, and the Lease Term shall commence upon the delivery interfere or delay Landlord's completion of possession of the Demised Premises to Tenant. If delivery of possession of the Demised Premises to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised Commencement Date and Expiration Date of the Lease TermLandlord's work in accordance with Exhibit "C" attached hereto.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises Property to Tenant on the Commencement Date specified in Section 1.05 aboveDate. Landlord's non-delivery of possession of the Demised Premises Property to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, Lease except that the Commencement Date shall be delayed until Landlord delivers possession of the Demised Premises is delivered Property to Tenant. The Tenant and the Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises Property to Tenant, plus the number of days necessary for to end the Lease Term to expire on the last day of a month. In the event the Commencement Date is delayed, the Rental Commencement Date shall be delayed for a like number of days. If the Landlord does not deliver possession of the Demised Premises Property to Tenant within sixty Ninety (6090) days after the Commencement Date specified August 1, 2002, subject to delays resulting from force majeure as provided in Section 1.0513.12, Tenant may elect to cancel this Lease by giving written notice to Landlord within ten (10) days after the 60-ninety (90) day period ends. If Tenant gives such notice, this Lease shall be canceled effective as of the date of its execution, and no party shall have any obligations under this Lease. If Tenant does not give such notice within the time specifiednotice, Tenant shall have no Tenant's right to cancel this Lease, the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Demised Premises Property to Tenant. If delivery of possession of the Demised Premises Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised actual Commencement Date and Expiration Date expiration date of the Lease TermLease. Failure to execute such amendment shall not affect the actual Commencement Date and expiration date of the Lease.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises Property to Tenant on the Commencement Date specified in Section 1.05 aboveDate. Landlord's non-delivery of possession of the Demised Premises Property to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, Lease except that the Commencement Date shall be delayed until Landlord delivers possession of the Demised Premises is delivered Property to Tenant. The Tenant and the Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises Property to Tenant, plus the number of days necessary for to end the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises Property to Tenant within sixty thirty (6030) days after the Commencement Date specified in Section 1.05Date, Tenant may elect to cancel this Lease by giving written notice to Landlord within ten (10) days after the sixty (60-day ) -day period ends. If Tenant gives such notice, this the Lease shall be canceled effective as of the date of its execution, and no party neither Landlord nor Tenant shall have any further obligations under this Leaseto the other. If Tenant does not give such notice within the time specifiednotice, Tenant shall have no right Tenaxx'x xight to cancel this Lease, the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Demised Premises Property to Tenant. If delivery of possession of the Demised Premises Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised actual Commencement Date and Expiration Date expiration date of the Lease TermLease. Failure to execute such amendment shall not affect the actual Commencement Date and expiration date of the Lease.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises Property to Tenant on the Commencement Date specified in Section 1.05 aboveDate. Landlord's non-delivery of possession of the Demised Premises Property to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, Lease except that the Commencement Date shall be delayed until Landlord delivers possession of the Demised Premises is delivered Property to Tenant. The Lease Term shall not be extended for a period equal to and the delay in delivery of possession expiration date of the Demised Premises to Tenant, plus the number of days necessary for the Lease Term to expire on the last day of a monthshall remain unchanged. If Landlord does not deliver possession of the Demised Premises Property to Tenant within sixty ninety (6090) days after the Commencement Date specified in Section 1.05Date, Tenant may elect to cancel this Lease by giving written notice to Landlord within ten (10) days after the 60-day ninety (90)-day period ends. If Tenant gives such notice, this the Lease shall be canceled effective as of the date of its execution, cancelled and no party neither Landlord nor Tenant shall have any further obligations under this Leaseto the other. If Tenant does not give such notice within the time specifiednotice, Tenant shall have no Tenant's right to cancel this Lease, the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Demised Premises Property to Tenant. If delivery of possession of the Demised Premises Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised actual Commencement Date and Expiration Date expiration date of the Lease TermLease. Failure to execute such amendment shall not affect the actual Commencement Date and expiration date of the Lease.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises Property to Tenant on the Commencement Date specified in Section 1.05 aboveDate. LandlordXxxxxxxx's non-non- delivery of possession of the Demised Premises Property to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, Lease except that the Commencement Date shall be delayed until Landlord delivers possession of the Demised Premises is delivered Property to Tenant. The Tenant and the Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises Property to Tenant, plus the number of days necessary for to end the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises Property to Tenant within sixty (60) days after the Commencement Date specified in Section 1.05Date, Tenant may elect to cancel this Lease by giving written notice to Landlord within ten (10) days after the 60-day sixty (60)-day period ends. If Tenant gives such notice, this the Lease shall be canceled effective as of the date of its execution, cancelled and no party neither Landlord nor Tenant shall have any further obligations under this Leaseto the other. If Tenant does not give such notice within the time specifiednotice, Tenant shall have no Xxxxxx's right to cancel this Lease, the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Demised Premises Property to Tenant. If delivery of possession of the Demised Premises Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised actual Commencement Date and Expiration Date expiration date of the Lease TermLease. Failure to execute such amendment shall not affect the actual Commencement Date and expiration of the Lease.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises to Tenant on the Commencement Date specified in Section 1.05 aboveDate. Landlord's non-delivery of possession of the Demised Premises to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, Lease except that the Commencement Date shall be delayed until Landlord delivers possession of the Demised Premises is delivered to Tenant. The Tenant and the Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises to Tenant, plus the number number: of days necessary for to end the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises to Tenant within sixty (60) days after the Commencement Date specified in Section 1.05Date, Tenant may elect to cancel this Lease by giving written notice to Landlord within ten (10) days after the 60-day sixty (60)-day period ends. If Tenant gives such notice, this the Lease shall be canceled effective as of the date of its execution, and no party neither Landlord nor Tenant shall have any further obligations under this Leaseto the other. If Tenant does not give such notice within the time specifiednotice, Tenant shall have no Tenant's right to cancel this Lease, the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Demised Premises to Tenant. If delivery of possession of the Demised Premises to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised actual Commencement Date and Expiration Date expiration date of the Lease TermLease. Failure to execute such amendment shall not affect the actual Commencement Date and expiration date of the Lease.

Delay in Commencement. Landlord shall not be liable to Tenant Notwithstanding the Commencement Date, if Landlord does for any reason Lessor cannot deliver possession of the Demised Expansion Premises to Tenant Lessee on said date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the Commencement Date specified in Section 1.05 above. Landlord's non-delivery validity of possession of the Demised Premises to Tenant on the Commencement Date will not affect this Lease or the obligations of Tenant Lessee hereunder or extend the Term hereof, but in such case, Lessee will continue to occupy the Premises, excluding the Expansion Premises, under this Lease. Howeverthe current lease provisions, the Commencement Date Lessee shall not be delayed obligated to pay rent until possession of the Demised Expansion Premises is tendered to Lessee; provided, however, that if Lessor shall not have delivered to Tenant. The Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Expansion Premises to Tenant, plus the number of days necessary for the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises to Tenant within sixty one hundred twenty (60120) days after from the Commencement Date specified and such delay is absent of force majeure or otherwise, Lessee may, at Lessee’s option, by notice in Section 1.05, Tenant may cancel this Lease by giving written notice writing to Landlord Lessor within ten (10) days after the 60-day period ends. If Tenant gives such noticethereafter, this Lease shall be canceled effective as of the date of its execution, and no party shall have any obligations under this Lease. If Tenant does not give such notice within the time specified, Tenant shall have no right to cancel this Lease, and in which event the Lease Term parties shall commence upon continue to operate under the delivery of possession terms of the Demised current leases for the Premises except the Expansion Premises, and shall be discharged from all obligations hereunder with reference to Tenantthe Expansion Premises. If delivery Lessee occupies the Expansion Premises prior to the Commencement Date, such occupancy shall be subject to all provisions hereof and shall be at no cost to the Lessee. If Lessor, by reason of possession of force majeure or otherwise, cannot deliver the Demised Expansion Premises within ninety (90) days from the Commencement Date, Lessor or Lessee may, at their respective options, by notice in writing within ten (10) days thereafter, cancel this Lease. Xxxxxx and Xxxxxx acknowledge and agree that the work to Tenant be done to the Expansion Premises is delayednot defined and is not required to be commenced or completed before the Commencement Date. In the event Lessor is required to improve the Expansion Premises as described on Exhibit “B” attached hereto, Landlord and Tenant shall, upon such delivery, execute an amendment Xxxxxx agrees to this Lease setting forth use reasonable diligence to complete the revised Commencement Date and Expiration Date of improvements to the Lease TermExpansion Premises.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises Property to Tenant on the Commencement Date specified in Section 1.05 aboveDate. Landlord's non-delivery of possession of the Demised Premises Property to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, Lease except that the Commencement Date shall be delayed until Landlord delivers possession of the Demised Premises is delivered Property to Tenant. The Tenant and the Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises Property to Tenant, plus the number of days necessary for to end the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises Property to Tenant within sixty (60) days after the Commencement Date specified in Section 1.05Date, Tenant may elect to cancel this Lease by giving written notice to Landlord within ten (10) days after the 60-day sixty (60)-day period ends. If Tenant gives such notice, this the Lease shall be canceled effective as of the date of its execution, cancelled and no party neither Landlord nor Tenant shall have any further obligations under this Leaseto the other. If Tenant does not give such notice within the time specifiednotice, Tenant shall have no right Tenaxx'x xight to cancel this Lease, the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Demised Premises Property to Tenant. If delivery of possession of the Demised Premises Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised actual Commencement Date and Expiration Date expiration date of the Lease TermLease. Failure to execute such amendment shall not affect the actual Commencement Date and expiration date of the Lease.

Delay in Commencement. If Landlord fails to deliver an Area of the Premises with Tenant Improvements substantially complete by the above Commencement Date for the Area, due to the fault of the Landlord or due to the occurrence of an event of force majeure, Landlord shall not be liable to Tenant if Landlord does not deliver possession considered in default of the Demised Premises to Tenant on this Lease, but the Commencement Date specified in Section 1.05 abovefor the Area shall be deferred until the Premises are so delivered. Landlord's non-If such failure of delivery of possession of the Demised Premises to Tenant on for an Area extends thirty (30) days or more beyond the Commencement Date will not affect this Lease or for the obligations Area, Tenant shall be entitled to a day-for-day credit against Base Rent for that Area (as Base Rent first falls due for that Area) in addition to deferral of Tenant under this Lease. However, the Commencement Date shall be delayed until possession of the Demised Premises is delivered to Tenantas provided above. The Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises to TenantIf such delay, plus the number of days necessary for the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises to Tenant within sixty fourth floor Area only, extends beyond ninety (6090) days after the Commencement Date specified in Section 1.05Date, Tenant may cancel terminate this Lease by giving written notice given to Landlord at any time thereafter but prior to substantial completion of the fourth floor Area, unless Landlord delivers the Area substantially complete within ten thirty (1030) days after such notice (in which case such termination notice will be deemed rescinded). The foregoing rent credit and termination rights shall not apply to the 60-day period endsextent the delay in delivery results from Tenant Delay. If "Tenant gives such notice, this Lease Delay" shall be canceled effective as of the date of its execution, and no party shall have any obligations under mean delays for which Tenant is responsible pursuant to this Lease. If the Tenant does Improvements are not give completed on the Commencement Date for an Area due to (i) the failure of Tenant to fulfill any obligation pursuant to the terms of this Lease or any exhibit hereto, including without limitation, Tenant's failure to comply with the Construction Information Submittal Dates (i.e., timely delivery of the applicable Tenant Submittal Package) and Construction Approval Dates specified in the Basic Lease Information; or (ii) any changes in the Tenant Improvements requested by Tenant, such notice within the time specified, shall be considered causes of Tenant shall have no right to cancel this Lease, Delay and the Lease Term shall commence upon the delivery of possession of the Demised Premises to Tenant. If delivery of possession of the Demised Premises to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised Commencement Date and Expiration Date of for the Area shall be the date specified in the Basic Lease TermInformation.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises Property to Tenant on the Commencement Date specified in Section 1.05 abovefor any reason whatsoever, including, without limitation, the failure of the existing tenant of the Property to vacate the Property prior to the Commencement Date. Landlord's non-delivery of possession of the Demised Premises Property to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, Lease except that the Commencement Date shall be delayed until Landlord delivers possession of the Demised Premises is delivered Property to Tenant. The Tenant and the Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises Property to Tenant, plus the number of days necessary for to end the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises Property to Tenant within sixty (60) days after the Commencement Date specified in Section 1.05Date, Tenant may elect to cancel this Lease by giving written notice to Landlord within ten (10) days after the sixty (60-day ) -day period ends. If Tenant gives such notice, this the Lease shall be canceled effective as of the date of its execution, cancelled and no party neither Landlord nor Tenant shall have any further obligations under this Leaseto the other. If Tenant does not give such notice within the time specifiednotice, Tenant shall have no Xxxxxx's right to cancel this Lease, the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Demised Premises Property to Tenant. If delivery of possession of the Demised Premises Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised actual Commencement Date and Expiration Date expiration date of the Lease TermLease. Failure to execute such amendment shall not affect the actual Commencement Date and expiration date of the Lease.

Delay in Commencement. Tenant acknowledges that the Property is currently occupied by another tenant, Triconex Corporation ("Triconex"), with whom Landlord intends to enter into a lease termination agreement (the "Triconex Termination Agreement") concurrently herewith terminating Triconex's lease of the Property (the "Triconex Lease") effective November 14, 2000. This Lease is expressly conditioned upon Landlord and Triconex executing the Triconex Termination Agreement in form and substance acceptable to Landlord. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises Property to Tenant on the Commencement Date. Xxxxxxxx's non-delivery of the Property to Tenant on the Commencement Date specified in Section 1.05 above. Landlord's non-delivery of possession of the Demised Premises to Tenant on the Commencement Date will shall not affect this Lease or the obligations of Tenant under this Lease. However, Lease except that the Commencement Date shall be delayed until Landlord delivers possession of the Demised Premises is delivered Property to Tenant. The Tenant and the Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises Property to Tenant, plus the number of days necessary for to end the Lease Term to expire on the last day of a month. If Landlord Notwithstanding the foregoing, if Xxxxxxxx does not deliver possession of the Demised Premises Property to Tenant within sixty (60) days after the Commencement Date specified in Section 1.05by March 1, 2001, Tenant may elect to cancel this Lease by giving written notice to Landlord within ten (10) days after the 60-day period endsby March 20, 2001. If Tenant gives such notice, this Lease shall be canceled effective as of the date of its execution, and no party neither Landlord nor Tenant shall have any further obligations under this Leaseto the other; provided, however, that Landlord shall return the Security Deposit to Tenant not more than thirty (30) days after receipt of Tenant's written termination notice. If Tenant does not give such notice within the time specifiednotice, Tenant shall have no Xxxxxx's right to cancel this Lease, Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Demised Premises Property to Tenant. If delivery of possession of the Demised Premises Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised actual Commencement Date and Expiration expiration date of this Lease. Failure to execute such amendment shall not affect the actual Commencement Date and expiration date of the Lease Termthis Lease.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises Property to Tenant on the Commencement Date specified in Section 1.05 aboveDate. Landlord's non-delivery of possession of the Demised Premises Property to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, Lease except that the Commencement Date shall be delayed until Landlord delivers possession of the Demised Premises is delivered Property to Tenant. The Tenant and the Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises Property to Tenant, plus the number of days necessary for to end the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises Property to Tenant within sixty (60) days after the Commencement Date specified in Section 1.05Date, Tenant may elect to cancel this Lease by giving written notice to Landlord within ten (10) days after the sixty (60-day ) -day period ends. If Tenant gives such notice, this the Lease shall be canceled effective as of the date of its execution, cancelled and no party neither Landlord nor Tenant shall have any further obligations under this Leaseto the other. If Tenant does not give such notice within the time specifiednotice, Tenant shall have no Xxxxxx's right to cancel this Lease, the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Demised Premises Property to Tenant. If delivery of possession of the Demised Premises Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised actual Commencement Date and Expiration Date expiration date of the Lease TermLease. Failure to execute such amendment shall not affect the actual Commencement Date and expiration date of the Lease.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises Property to Tenant on the Commencement Date first date specified in Section 1.05 above. Landlord's non-delivery of possession of the Demised Premises Property to Tenant on the Commencement Date will date shall not affect this Lease or the obligations of Tenant under this Lease. However, However the Commencement Date shall be delayed until possession of the Demised Premises Property is delivered to Tenant. The Lease Term shall be extended for a period equal to the delay in delivery of possession possessions of the Demised Premises Property to Tenant, plus the number of days necessary for to end the Lease Term to expire on the last day of a the month. If Landlord does not deliver possession of the Demised Premises Property to Tenant within sixty THIRTY (6030) days after the Commencement Date first date specified in Section 1.051.05 above, Tenant may elect to cancel this the Lease by giving written notice to Landlord within ten (10) days after the 60-THIRTY (30) day period ends. If Tenant gives such notice, this the Lease shall be canceled effective as of the date of its execution, and no party hereto shall have any obligations under this Leaseobligations, one to the other. If Tenant does not give such notice within the time specifiednotice, Tenant shall have no Tenant's right to cancel this Lease, the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Demised Premises Property to Tenant. If delivery of possession of the Demised Premises Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised Commencement Date and Expiration Date expiration date of the Lease TermLease.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver deliver, possession of the Demised Premises Property to Tenant on the Commencement Date specified in Section 1.05 aboveDate. LandlordXxxxxxxx's non-delivery of possession of the Demised Premises Property to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, Lease except that the Commencement Date shall be delayed until Landlord delivers possession of the Demised Premises is delivered Property to Tenant. The Tenant and the Lease Term shall be extended for a period of time equal to the delay in delivery of possession of the Demised Premises Property to Tenant, plus the number of days necessary for days1necessary to end the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises Property to Tenant within sixty (60) days after the Commencement Date specified in Section 1.05Date, Tenant may elect to cancel this Lease by giving written notice to Landlord within Within ten (10) days after the sixty (60-) day period ends. If Tenant gives such notice, this the Lease shall be canceled effective as of the date of its execution, and no party neither Landlord nor Tenant shall have any further obligations under this Leaseto the other. If Tenant does not give such notice within the time specifiednotice, Tenant shall have no right Xxxxxx's rights to cancel this Lease, the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Demised Premises Property to Tenant. If delivery of possession of the Demised Premises Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised actual Commencement Date and Expiration Date expiration date of the Lease TermLease. Failure to execute such amendment shall not affect the actual Commencement date and expiration date of the Lease.

Delay in Commencement. Subject to Tenant’s Early Access rights, Landlord shall not be liable to Tenant if Landlord does not will deliver possession of the Demised Premises to Tenant upon Substantial Completion. Landlord shall use reasonable commercial efforts to achieve Substantial Completion on or before November 1, 2017, (the Commencement “Target Delivery Date”) subject to (i) Force Majeure (pursuant to Section 13.13), and (ii) Tenant Delays (as defined in Exhibit D). Each day of delay due to conditions in this Section 2.03 shall extend the Target Delivery Date specified in Section 1.05 aboveby one (1) day. Landlord's non-delivery of possession of ’s failure to achieve Substantial Completion by the Demised Premises to Tenant on the Commencement Target Delivery Date will shall not affect this Lease or the obligations of Tenant under this Lease. However, Lease except that the Commencement Date shall be delayed until possession of the Demised Premises is delivered to Tenant. The Lease Term and Base Rent Commencement Date shall be extended for a period equal to the delay (excluding, however, Tenant Delays) in Landlord’s achievement of Substantial Completion beyond the Target Delivery Date. If Landlord has not achieved Substantial Completion of the Landlord Improvements to the Premises by the date that is thirty (30) days after the Target Delivery Date, then the Tenant shall receive one (1) day per diem credit against the Shell Rent for each day of delay for the period from thirty-one (31) days through ninety (90) days following the Target Delivery Date until such time as Landlord has achieved Substantial Completion of the Landlord Improvements for Premises. If Substantial Completion of the Landlord Improvements for the Premises has not been achieved after ninety (90) days following the Target Delivery Date, the Tenant shall receive two (2) days per diem credit against the Shell Rent for each day of delay until such time as Landlord has achieved Substantial Completion of the Landlord Improvements for the Premises. To the extent Landlord has not achieved Substantial Completion of the Landlord Improvements to the Premises by the date which is twelve (12) months after the Target Delivery Date, then either Landlord or Tenant shall have the right to terminate this Lease, exercisable by the delivery of possession written notice to the other (a “Termination Notice”), which Termination Notice shall be delivered on or before the first day of the Demised twelfth (12th) month after the Target Delivery Date and effective as of the first day of the thirteenth (13th) month after the Target Delivery Date (the “Termination Effective Date”); provided, however, Landlord shall have the right to rescind a Termination Notice from Tenant if Landlord (1) delivers a written notice to Tenant committing to achieve Substantial Completion of the Landlord Improvements to the Premises on or before the Termination Effective Date and (2) actually achieves Substantial Completion of the Landlord Improvements to the Premises on or before the Termination Effective Date. To the extent terminated pursuant to a Termination Notice which is not rescinded by Landlord, this Lease shall terminate on the Termination Effective Date and neither party shall have any further rights or obligations under this Lease, except to the extent such rights and obligations expressly survive the expiration or earlier termination of this Lease. Landlord shall use commercially reasonable efforts to provide Tenant with at least fifteen (15) calendar days advance notice (which may be in the form of electronic mail) of the date that Substantial Completion of the Landlord Improvements to the Premises is anticipated to occur. Upon Landlord’s delivery of the Premises to Tenant, plus the number of days necessary for the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises to Tenant within sixty (60) days after the Commencement Date specified in Section 1.05, Tenant may cancel this Lease by giving written notice to Landlord within ten (10) days after the 60-day period ends. If Tenant gives such notice, this Lease shall be canceled effective as of the date of its execution, and no party shall have any obligations under this Lease. If Tenant does not give such notice within the time specified, Tenant shall have no right to cancel this Lease, and the Lease Term shall commence upon the delivery of possession of the Demised Premises to Tenant. If delivery of possession of the Demised Premises to Tenant is delayed, Landlord and Tenant shall, upon such delivery, shall execute an amendment to this Lease acknowledgment form setting forth the revised actual Commencement Date and Expiration the Base Rent Commencement Date. Failure to execute such acknowledgment shall not affect the actual Commencement Date of the Lease Termor actual Base Rent Commencement Date.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises Property to Tenant on the Commencement Date specified in Section 1.05 aboveDate. Landlord's non-delivery of possession of the Demised Premises Property to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, Lease except that the Commencement Date shall be delayed until Landlord delivers possession of the Demised Premises is delivered Property to Tenant. The Tenant and the Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises Property to Tenant, plus the number of days necessary for to end the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises Property to Tenant within sixty ninety (6090) days after the Commencement Date specified in Section 1.05Date, Tenant may elect to cancel this Lease by giving written notice to Landlord within ten (10) days after the 60-ninety (90) day period ends. If Tenant gives such notice, this Lease shall be canceled effective as of the date of its execution, cancelled and no party neither Landlord nor Tenant shall have any further obligations under this Leaseto the other. If Tenant does not give such notice within the time specifiednotice, Tenant shall have no Tenant's right to cancel this Lease, Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Demised Premises Property to Tenant. If delivery of possession of the Demised Premises Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised actual Commencement Date and Expiration expiration date of this Lease. Failure to execute such amendment shall not affect the actual Commencement Date and expiration date of the Lease Termthis Lease.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises Property to Tenant on the Commencement Date specified in Section 1.05 aboveDate. Landlord's non-delivery of possession of the Demised Premises Property to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, Lease except that the Commencement Date shall be delayed until Landlord delivers possession of the Demised Premises is delivered Property to Tenant. The Tenant and the Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises Property to Tenant, plus the number of days necessary for to end the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises Property to Tenant within sixty (60) days after the Commencement Date specified in Section 1.05Date, Tenant may elect to cancel this Lease by giving written notice to Landlord within ten (10) days after the 60-day sixty (60)-day period ends. If It Tenant gives such notice, this the Lease shall be canceled effective as of the date of its execution, and no party neither Landlord nor Tenant shall have any further obligations under this Leaseto the other. If Tenant does not give such notice within the time specifiednotice, Tenant shall have no Tenant's right to cancel this Lease, the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Demised Premises Property to Tenant. If delivery of possession of the Demised Premises Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised actual Commencement Date and Expiration Date expiration date of the Lease TermLease. Failure to execute such amendment shall not affect the actual Commencement Date and expiration date of the Lease.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises to Tenant on or before the Commencement Date specified in Section 1.05 above5th business day after the Effective Date. Landlord's non-delivery ’s failure to deliver exclusive possession of possession all of the Demised Premises to Tenant on the Commencement Date in compliance with Applicable Laws will not affect this Lease or the obligations of Tenant under this Lease. However, the Commencement Date shall be delayed until possession of the Demised Premises is delivered to Tenant. The Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises to Tenant, plus the number of days necessary for the Lease lease Term to expire on the last day of a month. If Landlord does not deliver exclusive possession of all of the Demised Premises to Tenant in compliance with all Applicable Laws in all material respects within sixty fifteen (6015) days after the Commencement Date specified in Section 1.05Effective Date, Tenant may cancel this Lease by giving written notice to Landlord within ten (10) days after on or before the 60-day period endsPossession Delivery Date. If Tenant gives such notice, this Lease shall be canceled effective as of the date of its execution, and no party shall have any obligations under this Lease. If Tenant does not give such notice within the time specified, Tenant shall have no right to cancel this LeaseLease as a result of such late delivery, and the Lease Term shall commence upon on the delivery of possession of the Demised Premises to TenantPossession Delivery Date. If delivery of possession of the Demised Premises to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised Commencement Date and Expiration Date of the Lease Term.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises Property to Tenant on the Commencement Date specified in Section 1.05 aboveDate. Landlord's ’s non-delivery of possession of the Demised Premises Property to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, Lease except that the Commencement Date shall be delayed until Landlord delivers possession of the Demised Premises is delivered Property to Tenant. The Tenant and the Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises Property to Tenant, plus the number of days necessary for to end the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises Property to Tenant within sixty (60) days after the Commencement Date specified in Section 1.05Date, Tenant may elect to cancel this Lease by giving written notice to Landlord within ten (10) days after the sixty (60-day ) -day period ends. If Tenant gives such notice, this the Lease shall be canceled effective as of the date of its execution, cancelled and no party neither Landlord nor Tenant shall have any further obligations under this Leaseto the other. If Tenant does not give such notice within the time specifiednotice, Tenant shall have no Xxxxxx’s right to cancel this Lease, the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Demised Premises Property to Tenant. If delivery of possession of the Demised Premises Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised actual Commencement Date and Expiration Date expiration date of the Lease TermLease. Failure to execute such amendment shall not affect the actual Commencement Date and expiration date of the Lease.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises Property to Tenant on the Commencement Date specified in Section 1.05 aboveDate. Landlord's non-delivery of possession of the Demised Premises Property to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, Lease except that the Commencement Date shall be delayed until Landlord delivers possession of the Demised Premises is delivered Property to Tenant. The Tenant and the Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises Property to Tenant, plus the number of days necessary for to end the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises Property to Tenant within sixty (60) days after the Commencement Date specified in Section 1.05Date, Tenant may elect to cancel this Lease by giving written notice to Landlord within ten (10) days after the 60-day sixty (60)-day period ends. If Tenant gives such notice, this the Lease shall be canceled effective as of the date of its execution, cancelled and no party neither Landlord nor Tenant shall have any further obligations under this Leaseto the other. If Tenant does not give such notice within the time specifiednotice, Tenant shall have no Xxxxxx's right to cancel this Lease, the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Demised Premises Property to Tenant. If delivery of possession of the Demised Premises Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised actual Commencement Date and Expiration Date expiration date of the Lease TermLease. Failure to executive such amendment shall not affect the actual Commencement Date and expiration date of the Lease.

Delay in Commencement. Subject to terms of Addendum (B) Work Letter, Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises to Tenant on the Commencement Date specified in Section 1.05 above. Landlord's non-delivery of possession of the Demised Premises to Tenant on the Commencement Date will not affect this Lease or the obligations of Tenant under this Lease. However, the Commencement Date shall be delayed until possession of the Demised Premises is delivered to Tenant. The Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises Premised to Tenant, plus the number of days necessary for the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises to Tenant within sixty thirty (6030) days after the Commencement Date specified in Section 1.05, . Tenant may cancel this Lease by giving written notice to Landlord within ten (10) days after the 60-day period ends. If Tenant gives such notice, this Lease shall be canceled effective as of the date of its execution, and no party shall have any obligations under this Lease. If Tenant does not give such notice within the time specified, Tenant shall have no right to cancel this Lease, and the Lease Term shall commence upon the delivery of possession of the Demised Premises to Tenant. If delivery of possession of the Demised Premises to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised Commencement Date and Expiration Date of the Lease Term. In the event of conflict between this lease provision and lease Addendum (B) Work Letter, Provision by the Work Letter will prevail.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises Property to Tenant on the Commencement Date first day specified in Section 1.05 above. Landlord's non-delivery of possession of the Demised Premises Property to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, the Commencement Date shall be delayed until possession of the Demised Premises Property is delivered to Tenant. The Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises Property to Tenant, plus the number of days necessary for to end the Lease Term to expire on the last day of a month. If Landlord landlord does not deliver possession of the Demised Premises Property to Tenant within sixty (60) days after the Commencement Date first date specified in Section 1.051.05 above, Tenant may elect to cancel this Lease by giving written notice to Landlord within ten (10IO) days after the sixty (60-) day period ends. If Tenant gives such notice, this the Lease shall be canceled effective as of the date of its execution, cancelled and no party neither Landlord nor Tenant shall have any further obligations under this Leaseto the other. If Tenant does not give such notice within the time specifiednotice, Tenant shall have no Tenant's right to cancel this Lease, the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Demised Premises Property to Tenant. If delivery of possession of the Demised Premises Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an and amendment to this Lease setting forth the revised Commencement Date and Expiration Date expiration date of the Lease TermLease.

Delay in Commencement. To the best of its knowledge, Landlord expects to make delivery of the Premises within ninety (90) days of the completion of its current renovations, estimated to be February 28, 2002 ("Delivery Date"). From the commencement date hereof until such date, Landlord and Tenant agree that Landlord shall not be liable deliver the following portion of the Premises to Tenant within ninety (90) days of the commencement date: 9,743 square feet of the Premises, to include: office space, unloading dock area, and shared restrooms, hallway and front reception area ("Temporary Premises"). Landlord shall be permitted to place its own receptionist in the reception area until the Delivery Date. Notwithstanding said commencement date, if for any reason Landlord does cannot deliver possession of the Demised Temporary Premises to Tenant on said date, Landlord shall not be subject to any liability therefor, nor shall such failure affect the Commencement Date specified in Section 1.05 above. Landlord's non-delivery validity of possession of the Demised Premises to Tenant on the Commencement Date will not affect this Lease or the obligations of Tenant under this Lease. Howeverhereunder or extend the term hereof, the Commencement Date but in such case Tenant shall not be delayed obligated to pay any rent until possession of the Demised Temporary Premises is delivered tendered to Tenant. The Lease Term ; provided, however, that if Landlord shall be extended for a period equal to the delay in delivery of not have delivered possession of the Demised Temporary Premises to Tenant, plus the number of days necessary for the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises to Tenant within sixty ninety (6090) days after the Commencement Date specified in Section 1.05from said commencement date, Tenant may cancel this Lease may, at Tenant's option, by giving written notice in writing to Landlord within ten (10) days after the 60-day period ends. If Tenant gives such noticethereafter, this Lease shall be canceled effective as of the date of its execution, and no party shall have any obligations under this Lease. If Tenant does not give such notice within the time specified, Tenant shall have no right to cancel this Lease, and in which event the Lease Term parties shall commence upon the be discharged from all obligations hereunder. Upon Landlord's delivery of the Temporary Premises, Tenant shall pay a pro-rata portion of rent and any and all taxes, utilities, maintenance costs and insurance at the initial monthly rates set forth below, until such time as possession of the Demised Premises is delivered to the Tenant, at which time Tenant shall pay rent and any and all taxes and insurance at the full initial rates. If delivery Tenant occupies the Temporary Premises prior to said commencement date, such occupancy shall be subject to all provisions hereof, such occupancy shall not advance the termination date, and Tenant shall pay a pro-rata portion of rent and any and all taxes and insurance for such period at the initial monthly rates set forth below. Tenant's payment of pro-rata portion shall be in the form of reimbursement to Landlord. Such reimbursement shall be paid promptly upon Landlord's presentation of invoice. Tenant may reasonably request from Landlord verify records, receipts and documents detailing invoice charges. Notwithstanding the above, in no event shall Tenant be liable to Landlord for reimbursement of any portion of a late fee or other charge or penalty incurred by Landlord in the payment of its bills. Notwithstanding said Delivery Date, if for any reason Landlord cannot deliver possession of the Demised Premises to Tenant is delayedon said date, Landlord shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Tenant hereunder or extend the term hereof, but in such case Tenant shall not be obligated to pay rent until possession of the Premises is tendered to Tenant; provided, however, that if Landlord shall not have delivered possession of the Premises within ninety (90) days from said Delivery Date, Tenant may, at Tenant's option, by notice in writing to Landlord within ten (10) days thereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder. If Tenant occupies the Premises prior to said Delivery Date, such occupancy shall be subject to all provisions hereof, such occupancy shall not advance the termination date, and Tenant shall, upon shall pay rent for such delivery, execute an amendment to this Lease setting period at the initial monthly rates set forth the revised Commencement Date and Expiration Date below. Upon taking full possession of the Lease TermPremises, direct payment of such expenses is the sole responsibility of Tenant.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises Property to Tenant on the Commencement Date specified in Section 1.05 aboveDate. Landlord's non-delivery of possession of the Demised Premises Property to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, Lease except that the Commencement Date shall be delayed until Landlord delivers possession of the Demised Premises is delivered Property to Tenant. The Tenant and the Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises Property to Tenant, plus the number of days necessary for to end the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises Property to Tenant within sixty (60) days after the Commencement Date specified in Section 1.05Date, Tenant may elect to cancel this Lease by giving written notice to Landlord within ten (10) days after the sixty (60-) day period ends. If Tenant gives such notice, this the Lease shall be canceled effective as of the date of its execution, cancelled and no party neither Landlord nor Tenant shall have any further obligations under this Leaseto the other. If Tenant does not give such notice within the time specifiednotice, Tenant shall have no Tenant's right to cancel this Lease, the Lease shall expire and the Lease Term Xxxx shall commence upon the delivery of possession of the Demised Premises Property to Tenant. If delivery of possession of the Demised Premises Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised actual Commencement Date and Expiration Date expiration date of the Lease TermLease. Failure to execute such amendment shall not affect the actual Commencement Date and expiration date of the Lease.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises Property to Tenant on the Commencement Date specified in Section 1.05 aboveDate. Landlord's non-delivery of possession of the Demised Premises Property to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, Lease except that the Commencement Date shall be delayed until Landlord delivers possession of the Demised Premises is delivered Property to Tenant. The Tenant and the Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises Property to Tenant, plus the number of days necessary for to end the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises Property to Tenant within sixty (60) days after the Commencement Date specified in Section 1.05Date, Tenant may elect to cancel this Lease by giving written notice to Landlord within ten (10) days after the 60-day sixty (60)-day period ends. If Tenant gives such notice, this the Lease shall be canceled effective as of the date of its execution, and no party neither Landlord nor Tenant shall have any further obligations under this Leaseto the other. If Tenant does not give such notice within the time specifiednotice, Tenant shall have no Xxxxxx's right to cancel this Lease, the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Demised Premises Property to Tenant. If delivery of possession of the Demised Premises Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised actual Commencement Date and Expiration Date expiration date of the Lease TermLease. Failure to execute such amendment shall not affect the actual Commencement Date and expiration of the date of the Lease.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises to Tenant on the Commencement Date first date specified in Section 1.05 above. Landlord's non-delivery nondelivery of possession of the Demised Premises to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, the Commencement Date shall be delayed until possession of the Demised Premises is delivered to Tenant. The Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises to Tenant, plus the number of days necessary for the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises to Tenant within sixty (60) days after the Commencement Date first date specified in Section 1.051.05 above, Tenant may elect to cancel this Lease by giving written notice to Landlord landlord within ten (10) days after the 60-60 day period ends. If Tenant gives such notice, this the Lease shall be canceled effective as of the date of its execution, and no party hereto shall have any obligations under this Leaseobligations, one tot he other. If Tenant does not give such notice within the time specified, Tenant shall have no right to cancel this the Lease, and the Lease Term shall commence upon the delivery of possession of the Demised Premises to Tenant. If delivery of possession of the Demised Premises to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised Commencement Date and Expiration Date expiration date of the Lease Term.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises Property to Tenant on the Commencement Date specified in Section 1.05 aboveDate. Landlord's non-delivery of possession of the Demised Premises Property to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, Lease except that the Commencement Date shall be delayed until Landlord delivers possession of the Demised Premises is delivered Property to Tenant. The Tenant and the Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises Property to Tenant, plus the number of days necessary for to end the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises Property to Tenant within sixty (60) days after the Commencement Date specified in Section 1.05Date, Tenant may elect to cancel this Lease by giving written notice to Landlord within ten (10) days after the sixty (60-day ) -day period ends. If Tenant gives such notice, this the Lease shall be canceled effective as of the date of its execution, and no party neither Landlord nor Tenant shall have any further obligations under this Leaseto the other. If Tenant does not give such notice within the time specifiednotice, Tenant shall have no Xxxxxx's right to cancel this Lease, the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Demised Premises Property to Tenant. If delivery of possession of the Demised Premises Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised actual Commencement Date and Expiration Date expiration date of the Lease TermLease. Failure to execute such amendment shall not affect tile actual Commencement Date and expiration date of the Lease.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises Property to Tenant on the Commencement Date specified in Section 1.05 aboveDate. Landlord's non-non- delivery of possession of the Demised Premises Property to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, Lease except that the Commencement Date shall be delayed until Landlord delivers possession of the Demised Premises is delivered Property to Tenant. The Tenant and the Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises Property to Tenant, plus the number of days necessary for to end the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises Property to Tenant within sixty (60) days after the Commencement Date specified in Section 1.05Date, Tenant may elect to cancel this Lease by giving written notice to Landlord within ten (10) days after the 60-day sixty (60)-day period ends. If Tenant gives such notice, this the Lease shall be canceled effective as of the date of its execution, and no party neither Landlord nor Tenant shall have any further obligations under this Leaseto the other. If Tenant does not give such notice within the time specifiednotice, Tenant shall have no Tenant's right to cancel this Lease, the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Demised Premises Property to Tenant. If delivery of possession of the Demised Premises Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised actual Commencement Date and Expiration Date expiration date of the Lease TermLease. Failure to execute such amendment shall not affect the actual Commencement Date and expiration date of the Lease.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises Property to Tenant on the Commencement Date specified in Section 1.05 aboveEstimated Building Shell Substantial Completion Date. Landlord's ’s non-delivery of possession of the Demised Premises Property to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, except that (a) if the actual Building Shell Substantial Completion Date does not occur by December 1, 2009 Tenant shall be entitled to the abatement of one (1) day of Base Rent for each day of delay, and if the delay continues beyond December 31, 2009, then Tenant shall be entitled to the abatement of two (2) days of Base Rent for each day of delay beyond such date, and (b) the Lease Commencement Date shall be delayed until a date sixty (60) days following Landlord’s delivery of possession of the Demised Premises Property to Tenant (unless such delay is delivered to Tenant. The the result of a Tenant Delay, as defined in Section 14.02 below) and the Lease Term shall be extended for a period equal to the delay in delivery of full possession of the Demised Premises Property to TenantTenant following Substantial Completion of the Building Shell Improvements, plus the number of days necessary for to end the Lease Term to expire on the last day of a month. If Subject to any Tenant Delay, if Landlord does not deliver possession of the Demised Premises Property to Tenant within sixty one hundred twenty (60120) days after the Commencement Date specified in Section 1.05December 1, 2009, Tenant may elect to cancel and terminate this Lease by giving written notice to Landlord within ten (10) days after the 60-day one hundred twenty (120)-day period ends. If Tenant gives such notice, this Lease shall be canceled effective as of the date of its executionand terminated, and no party neither Landlord nor Tenant shall have any further obligations under to the other, excepting only those obligations which have accrued prior to or which expressly survive termination of this Lease. If Tenant does not timely give such notice within the time specifiednotice, Tenant shall have no Xxxxxx’s right to cancel and terminate this Lease, Lease shall expire and the Lease Term shall commence sixty (60) days following upon the delivery of possession of the Demised Premises Property to Tenant. If delivery Consistent with the terms of possession of the Demised Premises to Tenant is delayedSection 1.05(b) above, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised actual Lease Commencement Date and Lease Expiration Date, substantially in the form attached as Exhibit “E” to this Lease, which Tenant shall execute and return to Landlord within five (5) days after receipt from Landlord. Failure to execute such amendment shall not affect the actual Lease Commencement Date and Lease Expiration Date. The failure of Tenant to take possession of or to occupy the Property shall not serve to relieve Tenant of any obligations arising on the Lease Commencement Date, and shall not delay the payment of rent by Tenant. Landlord shall be deemed to have delivered possession of the Property to Tenant upon Substantial Completion of the Building Shell Improvements and written notice to Tenant regarding the same, regardless of whether Tenant actually takes possession of the Property on such date. Tenant shall not be liable for payment of any Additional Rent until the Lease TermCommencement Date.

Delay in Commencement. Unless due to Landlord’s gross negligence or willful misconduct, Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises to Tenant on the Commencement Date specified in Section 1.05 aboveDate. Landlord's non-delivery For purposes of possession of this Lease, Landlord shall be deemed to have delivered the Demised Premises to Tenant on when the Commencement Date will not affect Premises are made available for Tenant’s occupancy, the parties hereto acknowledging and agreeing that Tenant shall be liable for obtaining all permits, licenses, and other authorizations necessary to permit Tenant to construct any Alterations in connection with its initial fit out of the Premises and to use and occupy the Premises for the use specified in this Lease or the in accordance with all applicable Laws. The obligations of Tenant under this Lease. HoweverLease shall not be affected thereby, except that the Commencement Date shall be delayed until Landlord delivers possession of the Demised Premises is delivered to Tenant. The , and the Term of this Lease Term shall be extended for by a period equal to the number of days of delay in delivery of possession of the Demised Premises to Tenant, plus the number of days necessary for to end the Term of this Lease Term to expire on the last day of a month. If Landlord does not deliver possession of Notwithstanding the Demised Premises to Tenant within sixty (60) days after foregoing, if the Commencement Date specified in Section 1.05has not occurred on or before the thirty-first (31st) day following full execution and delivery of this Lease (the “Required Delivery Date”), Tenant Tenant, as its sole remedy, may cancel terminate this Lease by giving Landlord written notice to Landlord within ten (10) days after of termination at any time thereafter until the 60-day period endsCommencement Date. If Tenant gives In such noticeevent, this Lease shall be canceled effective as deemed null and void and of the date of its execution, no further force and no party effect and Landlord shall have promptly refund any obligations prepaid rent and Security Deposit previously advanced by Tenant under this Lease. If Tenant does not give such notice within Lease and the time specified, Tenant parties hereto shall have no right further responsibilities or obligations to cancel each other with respect to this Lease, and the Lease Term shall commence upon the delivery of possession of the Demised Premises to Tenant. If delivery of possession of the Demised Premises to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised Commencement Date and Expiration Date of the Lease Term.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises Property to Tenant on the Commencement Date specified in Section 1.05 aboveDate. Landlord's non-delivery of possession of the Demised Premises Property to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, Lease except that the Commencement Date shall be delayed until unless Landlord delivers possession of the Demised Premises is delivered Property to Tenant. The Tenant and the Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises Property to Tenant, plus the number of days necessary for to end the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises Property to Tenant within sixty (60) days after the Commencement Date specified in Section 1.05Date, Tenant may elect to cancel this Lease by giving written notice to Landlord within ten (10) days after the sixty (60-) day period ends. If Tenant gives such notice, this the Lease shall be canceled effective as of the date of its execution, cancelled and no party neither Landlord nor Tenant shall have any further obligations under this Leaseto the other. If Tenant does not give such notice within the time specifiednotice, Tenant shall have no Tenant's right to cancel this Lease, the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Demised Premises Property to Tenant. If delivery of possession of the Demised Premises Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised actual Commencement Date and Expiration Date expiration date of the Lease TermLease. Failure to execute such amendment shall not affect the actual Commencement Date and expiration date of the Lease.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises to Tenant on the Target Commencement Date. Notwithstanding the foregoing, if Substantial Completion of the Landlord Improvements has not occurred on or before January 15, 2022, which date shall be extended for Force Majeure delays and Tenant Delays (as such terms are hereinafter defined) (“Outside Date”), then Tenant shall receive a credit against Base Rent in the amount of one (1) day of Base Rent for each one (1) day after the Outside Date specified that Substantial Completion of the Landlord Improvements has not occurred. Furthermore, if Substantial Completion of the Landlord Improvements has not occurred on or before that date which is thirty (30) days after the Outside Date (as so extended for Force Majeure delays and Tenant Delays as provided above), then Tenant shall have the right to terminate this Lease by giving Landlord notice to that effect at any time within ten (10) days after such date, unless the Substantial Completion of the Landlord Improvements has occurred prior to Landlord receiving such notice in Section 1.05 which case such termination right will be null and void. The remedies set forth in the two immediately preceding sentences shall be Tenant’s sole and exclusive remedies in connection with Landlord’s delay in causing Substantial Completion of the Landlord Improvements. Other than as set forth above. , Landlord's non-delivery of possession of the Demised Premises to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, Lease except that the Commencement Date shall be delayed until Landlord delivers possession of the Demised Premises is delivered to Tenant. The Tenant and the Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises to Tenant, plus the number of days necessary for to end the Lease Term to expire on the last day of a month. If Notwithstanding the foregoing, to the extent such delay is caused by a Tenant Delay (as hereinafter defined in the Work Letter), then the Commencement Date will not be deferred and the Commencement Date will be the date on which Landlord does not deliver would have delivered possession of the Demised Premises to Tenant within sixty (60) days after the Commencement Date specified in Section 1.05, Tenant may cancel this Lease by giving written notice to Landlord within ten (10) days after the 60-day period ends. If Tenant gives such notice, this Lease shall be canceled effective as with Substantial Completion of the date of its execution, and no party shall have any obligations under this Lease. If Landlord Improvements absent the Tenant does not give such notice within the time specified, Tenant shall have no right to cancel this Lease, and the Lease Term shall commence upon the delivery of possession of the Demised Premises to TenantDelay. If delivery of possession of the Demised Premises to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised actual Commencement Date Date, Rent Commencement Date, and Expiration Date of Date. Failure to execute such amendment shall not otherwise affect the Lease Termactual Commencement Date, Rent Commencement Date, and Expiration Date.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises Property to Tenant on the Commencement Date specified in Section 1.05 aboveDate. Landlord's non-delivery of possession of the Demised Premises Property to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, Lease except that the Commencement Date shall be delayed until Landlord delivers possession of the Demised Premises is delivered Property to Tenant. The Tenant and the Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises Property to Tenant, plus the number of days necessary for to end the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises Property to Tenant within sixty (60) days after the Commencement Date specified in Section 1.05Date, Tenant may elect to cancel this Lease by giving written notice notes to Landlord within ten (10) days after the sixty (60-day ) -day period ends. If Tenant gives such notice, this the Lease shall be canceled effective as of the date of its execution, cancelled and no party neither Landlord nor Tenant shall have any further obligations under this Leaseto the other. If Tenant does not give such notice within the time specifiednotice, Tenant shall have no Tenant's right to cancel this Lease, the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Demised Premises Property to Tenant. If delivery of possession of the Demised Premises Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised actual Commencement Date and Expiration Date expiration date of the Lease TermLease. Failure to execute such amendment shall not affect the actual Commencement Date and expiration data of the Lease.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises Property to Tenant on the Commencement Date specified in Section 1.05 aboveDate. Landlord's non-delivery of possession of the Demised Premises Property to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, Lease except that the Commencement Date shall be delayed until Landlord delivers possession of the Demised Premises is delivered Property to Tenant. The Tenant and the Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises Property to Tenant, plus the number of days necessary for to end the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises Property to Tenant within sixty (60) days after the Commencement Date specified in Section 1.05Date, Tenant may elect to cancel this Lease by giving written notice to Landlord within ten (10) days after the sixty (60-) - day period ends. If Tenant gives give such notice, this the Lease shall be canceled effective as of the date of its execution, cancelled and no party neither Landlord nor Tenant shall have any further obligations under this Leaseto the other. If Tenant does not give such notice within the time specifiednotice, Tenant shall have no right Tenaxx'x xight to cancel this Lease, the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Demised Premises Property to Tenant. If delivery of possession of the Demised Premises Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised actual Commencement Date and Expiration Date expiration date of the Lease TermLease. Failure to execute such amendment shall not affect the actual Commencement Date and expiration date of the Lease.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises Property to Tenant on the Commencement Date specified in Section 1.05 aboveDate. Landlord's non-delivery of possession of the Demised Premises Property to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, Lease except that the Commencement Date shall be delayed until Landlord delivers possession of the Demised Premises is delivered Property to Tenant. The Tenant and the Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises Property to Tenant, plus the number of days necessary for to end the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises Property to Tenant within sixty (60) days after the Commencement Date specified in Section 1.05Date, Tenant may elect to cancel this Lease by giving written notice to Landlord within ten (10) days after the sixty (60-) day period ends. If Tenant gives such notice, this the Lease shall be canceled effective as of the date of its execution, cancelled and no party neither Landlord or Tenant shall have any further obligations under this Leaseto the other. If Tenant does not give such notice within the time specifiednotice, Tenant shall have no Xxxxxx's right to cancel this Lease, the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Demised Premises Property to Tenant. If delivery of possession of the Demised Premises Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised actual Commencement Date and Expiration Date expiration date of the Lease TermLease. Failure to execute such amendment shall not affect the actual Commencement Date and expiration date of the Lease.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises Property to Tenant on the Commencement Date specified in Section 1.05 aboveDate. Landlord's non-non- delivery of possession of the Demised Premises Property to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, Lease except that the Commencement Date shall be delayed until Landlord delivers possession of the Demised Premises is delivered Property to Tenant. The Tenant and the Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises Property to Tenant, plus the number of days necessary for to end the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises Property to Tenant within sixty (60) days after the Commencement Date specified in Section 1.05Date, Tenant may elect to cancel this Lease by giving written notice to Landlord within ten (10) days after the 60-day sixty (60)-day period ends. If Tenant gives such notice, this the Lease shall be canceled effective as of the date of its execution, cancelled and no party neither Landlord nor Tenant shall have any further obligations under this Leaseto the other. If Tenant does not give such notice within the time specifiednotice, Tenant shall have no right Tenaxx'x xight to cancel this Lease, the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Demised Premises Property to Tenant. If delivery of possession of the Demised Premises Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised actual Commencement Date and Expiration Date expiration date of the Lease TermLease. Failure to execute such amendment shall not affect the actual Commencement Date and expiration date of the Lease.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises Property to Tenant on the Commencement Date specified in Section 1.05 aboveDate. Landlord's non-delivery of possession of the Demised Premises Property to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, Lease except that the Commencement Date shall be delayed until Landlord delivers possession of the Demised Premises is delivered Property to Tenant. The Tenant and the Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises Property to Tenant, plus the number of days necessary for to end the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises Property to Tenant within sixty (60) days after the Commencement Date specified in Section 1.05Date, Tenant may elect to cancel this Lease by giving written notice to Landlord within ten (10) days after the 60-day sixty (60)-day period ends. If Tenant gives such notice, this the Lease shall be canceled effective as of the date of its execution, cancelled and no party neither Landlord nor Tenant shall have any further obligations under this Leaseto the other. If Tenant does not give such notice within the time specifiednotice, Tenant shall have no Tenant's right to cancel this Lease, the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Demised Premises Property to Tenant. If delivery of possession of the Demised Premises Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised actual Commencement Date and Expiration Date expiration date of the Lease TermLease. Failure to execute such amendment shall not affect the actual Commencement Date and expiration date of the Lease.

Delay in Commencement. Landlord shall not be liable to Tenant Notwithstanding the scheduled Commencement Date, if Landlord does for any reason Lessor cannot deliver possession of the Demised Premises to Tenant Lessee on said date with Lessor’s Work (as defined below) Substantially Complete (as defined below), Lessor shall not be subject to any liability therefor, nor shall such failure affect the Commencement Date specified in Section 1.05 above. Landlord's non-delivery validity of possession of the Demised Premises to Tenant on the Commencement Date will not affect this Lease or the obligations of Tenant under Lessee hereunder, but in such case Lessee shall not be obligated to pay Rent until possession of the Premises is tendered to Lessee (with Lessor’s Work Substantially Complete) and the Commencement Date has occurred; provided, however, that if Lessor shall not have delivered possession of the Premises (with Lessor’s Work Substantially Complete) within 90 days from the scheduled Commencement Date and such delay is absent of Force Majeure (as defined in Section 26), Lessee may, at Lessee’s option, by notice in writing to Lessor within 10 business days thereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder. If Lessor, by reason of Force Majeure, cannot deliver the Premises (with Lessor’s Work Substantially Complete) within 120 days from the scheduled Commencement Date, Lessor or Lessee may, at their respective options, by notice in writing within 10 business days thereafter, cancel this Lease. HoweverIn the event Lessor is required to improve the Premises in the manner described on Exhibit “B” attached hereto (“Lessor’s Work”), Lessor agrees to use reasonable diligence to have Lessor’s Work Substantially Complete on or before the date that is 75 days after the date of execution of this Lease by Lessor (the “Lessor’s Work Completion Date”). Subject to the terms of this Section 3.2, in the event Lessor is unable to deliver possession of the Premises to Lessee with Lxxxxx’s Work Substantially Complete on the scheduled Commencement Date, the scheduled Commencement Date shall be delayed extended on a day for day basis until possession of the Demised Premises is delivered to TenantLessee, and such extended Commencement Date shall thereupon become the actual Commencement Date. The Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises to Tenant, plus the number of days necessary for the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises to Tenant within sixty (60) days Promptly after the actual Commencement Date specified in Section 1.05has occurred, Tenant may cancel this Lease by giving written notice to Landlord within ten (10) days after the 60-day period ends. If Tenant gives parties shall execute a certificate memorializing such notice, this Lease shall be canceled effective as of the date of its execution, and no party shall have any obligations under this Lease. If Tenant does not give such notice within the time specified, Tenant shall have no right to cancel this Lease, and the Lease Term shall commence upon the delivery of possession of the Demised Premises to Tenant. If delivery of possession of the Demised Premises to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised Commencement Date and Expiration Date of the Lease Termdates.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver delivery possession of the Demised Premises Property to Tenant on the Commencement Date specified in Section 1.05 aboveDate. Landlord's non-delivery of possession of the Demised Premises Property to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, Lease except that the Commencement Date shall be delayed until Landlord delivers possession of the Demised Premises is delivered Property to Tenant. The Tenant and the Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises Property to Tenant, plus the number of days necessary for to end the Lease Term to expire on the last day of a month. If Landlord does not deliver delivery possession of the Demised Premises Property to Tenant within sixty (60) days after the Commencement Date specified in Section 1.05Date, Tenant may elect to cancel this Lease by giving written notice to Landlord within ten (10) days after the 60-day sixty (60)-day period ends. If Tenant gives such notice, this the Lease shall be canceled effective as of the date of its execution, cancelled and no party neither Landlord nor Tenant shall have any further obligations under this Leaseto the other. If Tenant does not give such notice within the time specifiednotice, Tenant shall have no Tenant's right to cancel this Lease, the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Demised Premises Property to Tenant. If delivery of possession of the Demised Premises Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised actual Commencement Date and Expiration Date expiration date of the Lease TermLease. Failure to execute 3 such amendment shall not affect the actual Commencement Date and expiration date of the Lease.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises Property to Tenant on the Commencement Date specified in Section 1.05 aboveDate. Landlord's non-delivery of possession of the Demised Premises Property to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, Lease except that the Commencement Date shall be delayed until Landlord delivers possession of the Demised Premises is delivered Property to Tenant. The Tenant and the Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises Property to Tenant, plus the number of days necessary for Tenant and the Lease Term shall be necessary to expire end the Lease Term on the last day of a month. If Landlord does not deliver possession of the Demised Premises Property to Tenant within sixty (60) days after the Commencement Date specified in Section 1.05Date, Tenant may elect to cancel this Lease by giving written notice to Landlord within ten (10) days after the sixty (60-) day period ends. If Tenant gives such notice, this the Lease shall be canceled effective as of the date of its execution, and no party neither Landlord nor Tenant shall have any further obligations under this Leaseto the other. If Tenant does not give such notice within the time specifiednotice, Tenant shall have no Tenant's right to cancel this Lease, the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Demised Premises Property to Tenant. If delivery of possession of the Demised Premises Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised actual Commencement Date and Expiration Date expiration date of the Lease TermLease. Failure to execute such amendment shall not affect the actual Commencement Date and expiration date of the Lease.

Delay in Commencement. Except as provided in paragraph 1.05(a) herein. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises Property to Tenant on the Commencement Date specified in Section 1.05 aboveDate. Landlord's non-delivery of possession of the Demised Premises Property to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, Lease except that the Commencement Date shall be delayed until Landlord delivers possession of the Demised Premises is delivered Property to Tenant. The Tenant and the Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises Property to Tenant, plus the number of days necessary for to end the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises Property to Tenant within sixty (60) days after the Commencement Date specified in Section 1.05on or before May 15, 1998 Date, Tenant may elect to cancel this Lease by giving written notice to Landlord within ten (10) days after the 60-day period ends. If Tenant gives such notice, this the Lease shall be canceled effective as of the date of its execution, cancelled and no party neither Landlord nor Tenant shall have any obligations under this Leasefurther obligation to the other. If Tenant does not give such notice within the time specifiednotice, Tenant shall have no Tenant's right to cancel this Lease, the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Demised Premises Property to Tenant. If delivery of possession of the Demised Premises Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised actual Commencement Date and Expiration Date expiration date of the Lease TermLease. Failure to execute such amendment shall not affect the actual Commencement Date and expiration date of the Lease.

Delay in Commencement. Landlord shall not be liable to Tenant by an amount equal to 100% of Tenant's holdover expenses incurred as a result of late delivery if Landlord does not deliver possession of the Demised Premises Property to Tenant on the Commencement Date. In no event shall the Commencement Date specified in Section 1.05 abovebe prior to the date of substantial completion of the Construction. Landlord's non-delivery of possession of the Demised Premises Property to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, Lease except that the Commencement Date shall be delayed until Landlord delivers possession of the Demised Premises is delivered Property to Tenant. The Tenant and the Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises Property to Tenant, plus the number of days necessary for to end the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises Property to Tenant within sixty (60) days after the Commencement Date specified in Section 1.05Date, Tenant may elect to cancel this Lease by giving written notice to Landlord within ten (10) days after the 60-day sixty (60)-day period ends. If Tenant gives such notice, this the Lease shall be canceled effective as of the date of its execution, and no party neither Landlord nor Tenant shall have any further obligations under this Leaseto the other. If Tenant does not give such notice within the time specifiednotice, Tenant shall have no right Tenaxx'x xight to cancel this Lease, the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Demised Premises Property to Tenant. If delivery of possession of the Demised Premises Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised actual Commencement Date and Expiration Date expiration date of the Lease TermLease. Failure to execute such amendment shall not affect the actual Commencement Date and expiration date of the Lease.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises to Tenant on the Commencement Date first date specified in Section 1.05 above. Landlord's non-delivery nondelivery of possession of the Demised Premises to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, the Commencement Date shall be delayed until possession of the Demised Premises is delivered to Tenant. The Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises to Tenant, plus the number of days necessary for the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises to Tenant within sixty thirty (6030) days after the Commencement Date first date specified in Section 1.051.05 above, Tenant may elect to cancel this Lease by giving written notice to Landlord within ten (10) days after the 60-thirty (30) day period ends. If Tenant gives such notice, this the Lease shall be canceled effective as of the date of its execution, and no party hereto shall have any obligations under this Lease. If Tenant does not give such notice within obligations, one to the time specified, Tenant shall have no right to cancel this Lease, and the Lease Term shall commence upon the delivery of possession of the Demised Premises to Tenantother. If delivery of possession of the Demised Premises to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised Commencement Date and Expiration Date expiration date of the Lease Term.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises Property to Tenant on the Commencement Date specified in Section 1.05 aboveDate. Landlord's non-delivery of possession of the Demised Premises Property to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, Lease except that the Commencement Date shall be delayed until Landlord delivers possession of the Demised Premises is delivered Property to Tenant. The Tenant and the Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises Property to Tenant, plus the number of days necessary for to end the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises Property to Tenant within sixty (60) days after the Commencement Date specified in Section 1.05Date, Tenant may elect to cancel this Lease by giving written notice to Landlord within ten (10) days after the sixty (60-) day period ends. If Tenant gives such notice, this the Lease shall be canceled effective as of the date of its execution, cancelled and no party neither Landlord nor Tenant shall have any further obligations under this Leaseto the other. If Tenant does not give such notice within the time specifiednotice, Tenant shall have no right Tenaxx'x xight to cancel this Lease, the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Demised Premises Property to Tenant. If delivery of possession of the Demised Premises Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised actual Commencement Date and Expiration Date expiration date of the Lease TermLease. Failure to execute such amendment shall not affect the actual Commencement Date and expiration date of the Lease.

Delay in Commencement. Despite the stated Commencement Date, the Landlord shall not be liable to Tenant and this Lease (including the stated Termination Date) and the Tenant obligations under this Lease shall be unaffected if for any reason Landlord does not deliver possession of the Demised Premises to Tenant on the Commencement Date specified Date, but in Section 1.05 above. Landlord's non-delivery of such case Tenant shall have no obligation to pay rent until Landlord delivers possession of the Demised Premises to Tenant. If Landlord has not delivered possession of the Premises to Tenant on the Commencement Date will not affect this Lease or the obligations of Tenant under this Lease. However, the Commencement Date shall be delayed until possession of the Demised Premises is delivered to Tenant. The Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises to Tenant, plus the number of days necessary for the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises to Tenant within sixty (60) days after the Commencement Date specified in Section 1.05, Tenant may cancel this Lease by giving written notice to Landlord within ten (10) days after the 60-day period ends. If stated Commencement Date and until Landlord does deliver possession to the Premises to Tenant, Tenant gives such notice, this Lease shall be canceled effective as of the date of its execution, and no party shall have any obligations under may elect by written notice to Landlord cancel this Lease. If the Landlord shall not have delivered possession of the Premises within one (1) year from the Commencement Date, Landlord may by notice in writing to Tenant does not give such notice within cancel this Lease. If either party elects to so cancel the time specifiedLease, Landlord shall return any money previously deposited by Tenant and the parties shall be discharged from all obligations hereunder. In no event, however, shall Tenant have no the right to cancel this LeaseLease because of any delay in delivering possession of the Premises because of any act of God or the elements; shortage or unavailability of necessary materials, and supplies, or labor; shortage of or interruption in transportation of facilities; regulations or restriction; or any other cause beyond Landlord's reasonable control. In the Lease Term shall commence upon the event delivery of possession of the Demised Premises to Tenant. If delivery of possession of is delayed beyond the Demised Premises to Tenant is delayedstated Commencement Date, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised stated Commencement Date and Expiration the stated Termination Date each shall be extended by the number of the Lease Termdays of such delay.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises Property to Tenant on the Commencement Date specified in Section 1.05 aboveDate. Landlord's non-delivery of possession of the Demised Premises Property to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, Lease except that the Commencement Date shall be delayed until Landlord delivers possession of the Demised Premises is delivered Property to Tenant. The Tenant and the Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises Property to Tenant, plus the number of days necessary for to end the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises Property to Tenant within sixty thirty (6030) days after the Commencement Date specified in Section 1.05Date, Tenant may elect to cancel this Lease by giving written notice to Landlord within ten (10) days after the 60-day thirty (30)-day period ends. If Tenant gives such notice, this the Lease shall be canceled effective as of the date of its execution, and no party neither Landlord nor Tenant shall have any further obligations under this Leaseto the other. If Tenant does not give such notice within the time specifiednotice, Tenant shall have no Xxxxxx's right to cancel this Lease, the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Demised Premises Properly to Tenant. If delivery of possession of the Demised Premises Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised actual Commencement Date and Expiration Date expiration date of the Lease TermLease. Failure to execute such amendment shall not affect the actual Commencement Date and expiration date of the Lease.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises Property to Tenant on the Commencement Date specified in Section 1.05 aboveDate. Landlord's nonLandxxxx'x xon-delivery of possession of the Demised Premises Property to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, Lease except that the Commencement Date shall be delayed until Landlord 3 3 delivers possession of the Demised Premises is delivered Property to Tenant. The Tenant and the Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises Property to Tenant, plus the number of days necessary for to end the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises Property to Tenant within sixty (60) days after the Commencement Date specified in Section 1.05Date, Tenant may elect to cancel this Lease by giving written notice to Landlord within ten (10) days after the sixty (60-day ) -day period ends. If Tenant gives such notice, this the Lease shall be canceled effective as of the date of its execution, cancelled and no party neither Landlord nor Tenant shall have any further obligations under this Leaseto the other. If Tenant does not give such notice within the time specifiednotice, Tenant shall have no right Tenaxx'x xight to cancel this Lease, the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Demised Premises Property to Tenant. If delivery of possession of the Demised Premises Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised actual Commencement Date and Expiration Date expiration date of the Lease TermLease. Failure to execute such amendment shall not affect the actual Commencement Date and expiration date of the Lease.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises Property to Tenant on the Commencement Date specified in Section 1.05 aboveDate. Landlord's non-’s non- delivery of possession of the Demised Premises Property to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, Lease except that the Commencement Date shall be delayed until Landlord delivers possession of the Demised Premises is delivered Property to Tenant. The Tenant and the Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises Property to Tenant, plus the number of days necessary for to end the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises Property to Tenant within sixty (60) days after the Commencement Date specified in Section 1.05Date, Tenant may elect to cancel this Lease by giving written notice to Landlord within ten (10) days after the sixty (60-) day period ends. If Tenant gives such notice, this the Lease shall be canceled effective as of cancelled and neither the date of its execution, and no party Landlord nor Tenant shall have any further obligations under this Leaseto the other. If Tenant does not give such notice within the time specifiednotice, Tenant shall have no Tenant’s right to cancel this Lease, the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Demised Premises Property to Tenant. If delivery of possession of the Demised Premises Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised actual Commencement Date and Expiration Date expiration date of the Lease TermLease. Failure to execute such amendment shall not affect the actual Commencement Date and expiration date of the Lease.

Delay in Commencement. Landlord shall not be liable subject to Exhibit H, Paragraph 5, to Tenant if Landlord does not deliver possession of the Demised Premises to Tenant on the Commencement Date first date specified in Section 1.05 above. Landlord's non-delivery nondelivery of possession of the Demised Premises to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, the Commencement Date shall be delayed until possession of the Demised Premises is delivered to Tenant. The Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises to Tenant, plus the number of days necessary for the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises to Tenant within sixty (60) days after the Commencement Date specified in Section 1.05, Tenant may cancel this Lease by giving written notice to Landlord within ten (10) days after the 60-day period ends. If Tenant gives such notice, this the Lease shall be canceled effective as of the date of its execution, and no party hereto shall have any obligations under this Leaseobligations, one to the other. If Tenant does not give such notice within the time specified, Tenant shall have no right to cancel this the Lease, and the Lease Term shall commence upon the delivery of possession of the Demised Premises to Tenant. If delivery of possession of the Demised Premises to Tenant is delayed, Landlord and Tenant shall, shall upon such delivery, execute an amendment to this Lease setting forth the revised Commencement Date and Expiration Date expiration date of the Lease Term.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises Property to Tenant on the Commencement Date specified in Section 1.05 above. Landlord's non-delivery of possession of the Demised Premises to Tenant on the Commencement Date will not affect this Lease or the obligations of Tenant under this Lease. HoweverDate; however, the Commencement Date shall be delayed until Landlord delivers possession of the Demised Premises is delivered Property to Tenant. The Tenant and the Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises Property to Tenant. In addition, plus the number of days necessary for the Lease Term Tenant will receive a credit equal to expire on the last one day of a monthBase Rent for each day after February 1, 2020 with respect to Sxxxx 000 and March 1, 2020 with respect to the entire Property until Landlord has delivered possession of all of the Property as required herein. If Landlord does not deliver complete possession to all of the Demised Premises Property to Tenant within sixty (60) days after the Commencement Date specified in Section 1.05Date, Tenant may give notice of intent to cancel this Lease by giving written notice to Landlord. If Tenant gives such notice and the Landlord does not deliver possession to Tenant within ten (10) days after the 60-day of Landlord’s receipt of Tenant’s notice of intent to cancel this Lease, then for a period ends. If of not more than thirty (30) days thereafter, Tenant gives such notice, may cancel this Lease shall be canceled effective as of the date of its execution, and no party shall have any obligations under this Leaseupon notice to Landlord. If Tenant does not give cancel this Lease within such period, then Tenant may invoke this provision again at any time after the expiration of such thirty (30) day period by giving another ten (10) day notice within of intent to cancel. Upon any cancellation under this section, the time specified, Lease shall be canceled and neither Landlord nor Tenant shall have no right any further obligations to cancel this Leasethe other, and except for the Lease Term shall commence upon the delivery return of any deposit by Tenant. Within thirty (30) days after Landlord has delivered possession of the Demised Premises to Tenant. If delivery of possession of the Demised Premises Property to Tenant is delayedas required hereunder, Landlord and Tenant shall, upon such delivery, shall execute an amendment to this Lease setting forth a document in the revised form attached as Exhibit B confirming the Commencement Date and Expiration Date of the Lease Termother pertinent dates.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises Property to Tenant on the Commencement Date specified in Section 1.05 aboveDate. Landlord's non-delivery of possession nondelivery of the Demised Premises Property to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, Lease except that the Commencement Date shall be delayed until Landlord delivers possession of the Demised Premises is delivered Property to Tenant. The Tenant and the Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises Property to Tenant, plus the number of days necessary for to end the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises Property to Tenant within sixty (60) days after the Commencement Date specified in Section 1.05Date, Tenant may elect to cancel this Lease by giving written notice to Landlord within ten (10) days after the 60-day sixty (60)-day period ends. If Tenant gives such notice, this the Lease shall be canceled effective as of the date of its execution, cancelled and no party neither Landlord nor Tenant shall have any further obligations under this Leaseto the other. If Tenant does not give such notice within the time specifiednotice, Tenant shall have no Xxxxxx's right to cancel this Lease, the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Demised Premises Property to Tenant. If delivery of possession of the Demised Premises Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an such amendment to this Lease setting forth the revised actual Commencement Date and Expiration Date expiration date of the Lease TermLease. Failure to execute such amendment shall not affect the actual Commencement Date and expiration date of the Lease. For the purpose of this section only, September 1, 1995 is defined as the commencement date.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises to Tenant on the Commencement Date first date specified in Section 1.05 1.3 above. Landlord's non-delivery nondelivery of possession of the Demised Premises to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, the Commencement Date shall be delayed until possession of the Demised Premises is delivered to Tenant. The Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises to Tenant, plus the number of days necessary for the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises to Tenant within sixty ninety (6090) days after the Commencement Date specified in Section 1.05Date, Tenant may elect to cancel this Lease by giving written notice to Landlord within ten (10) days after the 60-ninety (90) day period ends. If Tenant gives such notice, this the Lease shall be canceled effective as of the date of its execution, and no party hereto shall have any obligations under this Leaseobligations, one to the other. If Tenant does not give such notice within the time specified, Tenant shall have no right to cancel this the Lease, and the Lease Term shall commence upon the delivery of possession of the Demised Premises to Tenant. If delivery of possession of the Demised Premises to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised Commencement Date and Expiration Date expiration date of the Lease Term.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises Property to Tenant on the Commencement Date specified in Section 1.05 aboveDate. Landlord's non-non- delivery of possession of the Demised Premises Property to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, Lease except that the Commencement Date shall be delayed until Landlord delivers possession of the Demised Premises is delivered Property, to Tenant. The Tenant and the Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises Property to Tenant, plus the number of days necessary for to end the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises Property, to Tenant within sixty forty-five (6045) ninety (90) days after the Commencement Date specified in Section 1.05Date, Tenant may elect to cancel this Lease by giving written notice to Landlord within ten (10) days after the 60forty-five (45) ninety (90) day period ends. If Tenant gives such notice, this the Lease shall be canceled effective as of the date of its execution, and no party neither Landlord nor Tenant shall have any further obligations under this Leaseto the other. If Tenant does not give such notice within the time specifiednotice, Tenant shall have no Tenant's right to cancel this Lease, the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Demised Premises Properly to Tenant. If delivery of possession of the Demised Premises Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised actual Commencement Date and Expiration Date expiration date of the Lease TermLease. Failure to execute such amendment shall not affect the actual Commencement Date and expiration date of the Lease. Section 2.03.

Delay in Commencement. Landlord shall not be liable to Tenant if it Landlord does not deliver possession of the Demised Premises Property to Tenant on the Commencement Date specified in Section 1.05 aboveDate. Landlord's non-delivery of possession of the Demised Premises Property to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, Lease except that the Commencement Date shall be delayed until Landlord delivers possession of the Demised Premises is delivered Property to Tenant. The Tenant and the Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises Property to TenantTenants, plus the number of days necessary for to end the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises Property to Tenant within sixty (60) days after the Commencement Date specified in Section 1.05Date, Tenant may elect to cancel this Lease by giving written notice to Landlord within ten (10) days after the sixty (60-day ) -day period ends. If It Tenant gives such notice, this the Lease shall be canceled effective as of the date of its execution, and no party neither Landlord nor Tenant shall have any further obligations under this Leaseto the other. If It Tenant does not give such notice within the time specifiednotice, Tenant shall have no Tenant's right to cancel this Lease, the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Demised Premises Property to Tenant. If delivery of possession of the Demised Premises Property to Tenant is delayed, . Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised actual Commencement Date and Expiration Date expiration date of the Lease. Failure to execute such amendment shall not affect the actual Commencement Date and expiration date of the Lease. see "First Lease Term.Rider" Item 7,

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises Property to Tenant on the Commencement Date specified in Section 1.05 aboveDate. Landlord's non-delivery of possession of the Demised Premises Property to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, Lease except that the Commencement Date shall be delayed until Landlord delivers possession of the Demised Premises is delivered Property to Tenant. The Tenant and the Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises Property to Tenant, plus the number of days necessary for to end the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises Property to Tenant within sixty (60) days after the Commencement Date specified in Section 1.05, Date. Tenant may elect to cancel this Lease by giving written notice to Landlord within ten twenty (1020) days after the 60-day sixty (60)-day period ends. If Tenant gives such notice, this the Lease shall be canceled effective as of the date of its execution, cancelled and no party neither Landlord nor Tenant shall have any further obligations under this Leaseto the other. If Tenant does not give such notice within the time specifiednotice, Tenant shall have no Tenant's right to cancel this Lease, the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Demised Premises Property to Tenant. If delivery of possession of the Demised Premises Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised actual Commencement Date and Expiration Date expiration date of the Lease Term.Lease. Failure to execute such amendment shall not affect the actual Commencement Date and expiration date of the Lease. Insert "Insert to Page 2 [1]"

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises Property to Tenant on the Commencement Date first date specified in Section 1.05 above. Landlord's non-delivery of possession of the Demised Premises Property to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, the Commencement Date shall be delayed until possession of the Demised Premises Property is delivered to Tenant. The Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises Property to Tenant, plus the number of days necessary for to end the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises Property to Tenant within sixty (60) days after the Commencement Date first date specified in Section 1.051.05 above, Tenant may elect to cancel this Lease by giving written notice to Landlord within ten (10) days after the 60-day period ends. If Tenant gives such notice, this the Lease shall be canceled cancelled effective as of the date of its execution, and no party hereto shall have any obligations under this Leaseobligations, one to the other. If Tenant does not give such notice within the time specifiednotice, Tenant shall have no Tenant's right to cancel this Lease, the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Demised Premises Property to Tenant. If delivery of possession of the Demised Premises Property to Tenant is delayed, . Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised Commencement Date and Expiration Date expiration date of the Lease TermLease.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises Property to Tenant on the Commencement Date first date specified in Section 1.05 above. Landlord's non-delivery of possession of the Demised Premises Property to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, the Commencement Date shall be delayed until possession of the Demised Premises Property is delivered to Tenant. The Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises Property to Tenant, plus the number of days necessary for to end the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises Property to Tenant within sixty (60) days after the Commencement Date first date specified in Section 1.051.05 above, Tenant may elect to cancel this Lease by giving written notice to Landlord within ten (10) days after the 60-day period ends. If Tenant gives such notice, this the Lease shall be canceled cancelled effective as of the date of its execution, and no party hereto shall have any obligations under this Leaseobligations, one to the other. If Tenant does not give such notice within the time specifiednotice, Tenant shall have no Tenant's right to cancel this Lease, the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Demised Premises Property to Tenant. If delivery of possession of the Demised Premises Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised Commencement Date and Expiration Date expiration date of the Lease TermLease.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises Property to Tenant on the Commencement Date specified in Section 1.05 aboveDate. Landlord's Xxxxxxxx’s non-delivery of possession of the Demised Premises Property to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, Lease except that the Commencement Date shall be delayed until Landlord delivers possession of the Demised Premises is delivered to Tenant. The Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises Property to Tenant, plus the number of days necessary for to end the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises Property to Tenant within sixty (60) days after the Commencement Date specified in Section 1.05Date, Tenant may elect to cancel this Lease Lese by giving written notice to Landlord within ten (10) days after the 60-day sixty (60)-day period ends. If Tenant gives such notice, this the Lease shall be canceled effective as of the date of its execution, and no party neither Landlord not Tenant shall have any further obligations under this Leaseto the other. If Tenant does not give such notice within the time specifiednotice, Tenant shall have no Xxxxxx’s right to cancel this Lease, the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Demised Premises Property to Tenant. If delivery of possession of the Demised Premises Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised actual Commencement Date and Expiration Date expiration of the Lease TermLease. Failure to execute such amendment shall not affect the actual Commencement Date and expiration date of the Lease.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises Property to Tenant on the Commencement Date specified in Section 1.05 aboveDate. Landlord's ’s non-delivery of possession of the Demised Premises Property to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, Lease except that the Commencement Date shall be delayed until Landlord delivers possession of the Demised Premises is delivered Property to Tenant. The Tenant and the Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises Property to Tenant, plus the number of days necessary for to end the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises Property to Tenant within sixty (60) days after the Commencement Date specified in Section 1.05Date, Tenant may elect to cancel this Lease by giving written notice to Landlord within ten (10) days after the sixty (60-) day period ends. If Tenant gives such notice, this the Lease shall be canceled effective as of the date of its execution, cancelled and no party neither Landlord nor Tenant shall have any further obligations under this Leaseto the other. If Tenant does not give such notice within the time specifiednotice, Tenant shall have no Tenant’s right to cancel this Lease, the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Demised Premises Property to Tenant. If delivery of possession of the Demised Premises Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised actual Commencement Date and Expiration Date expiration date of the Lease TermLease. Failure to execute such amendment shall not affect the actual Commencement Date and expiration date of the Lease.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises Property to Tenant on the Commencement Date specified in Section 1.05 aboveDate. Landlord's non-delivery of possession of the Demised Premises Property to Tenant on the Commencement Date will that date shall not affect this Lease or the obligations of Tenant under this Lease. However, Lease except that the Commencement Date shall be delayed until Landlord delivers possession of the Demised Premises is delivered Property to Tenant. The Tenant and the Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises Property to Tenant, plus the number of days necessary for to end the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises Property to Tenant within sixty (60) days after the Commencement Date specified in Section 1.05Date, Tenant may elect to cancel this Lease by giving written notice to Landlord within ten (10) days after the 60-day period ends. If Tenant gives such notice, this the Lease shall be canceled effective as of the date of its execution, and no party neither Landlord nor Tenant shall have any further obligations under this Leaseto the other. If Tenant does not give such notice within the time specifiednotice, Tenant shall have no Xxxxxx's right to cancel this Lease, the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Demised Premises Property to Tenant. If delivery of possession of the Demised Premises Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised actual Commencement Date and Expiration Date expiration date of the Lease TermLease. Failure to execute such amendment shall not affect the actual Commencement Date and expiration date of the Lease.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises to Tenant on the Commencement Date specified in Section 1.05 above. Landlord's non-delivery of possession of the Demised Premises to Tenant on the Commencement commencement Date will not affect this Lease or the obligations of Tenant under this Lease. However, the Commencement Date shall be delayed until possession of the Demised Premises is delivered to Tenant. The Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises to Tenant, plus the number of days necessary for the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises to Tenant within sixty (60) days after the Commencement Date specified in Section 1.05, Tenant may cancel this Lease by giving written notice to Landlord within ten (10) days after the 60-day period ends. If Tenant gives such notice, this Lease shall be canceled effective as of the date of its execution, and no party shall have any obligations under this LeaseLease except that the Landlord shall return the first months rent to the Tenant per 3.02. If Tenant does not give such notice within the time specified, Tenant shall have no right to cancel this Lease, and the Lease Term shall commence upon the delivery of possession of the Demised Premises to Tenant. If delivery of possession of the Demised Premises to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised Commencement Date and Expiration Date of the Lease Term. except that the Landlord shall return the first months rent to the Tenant per 3.02.