Common use of Delay in Commencement Clause in Contracts

Delay in Commencement. Notwithstanding the Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee on said date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend the Term hereof, but in such case Lessee shall not be obligated to pay rent until possession of the Premises is tendered to Lessee; provided, however, that if Lessor shall not have delivered possession of the Premises within ninety (90) days from the Commencement Date and such delay is absent of force majeure or otherwise, Lessee may, at Lessee’s option, by notice in writing to Lessor within ten (10) days thereafter, 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 Premises ready for occupancy on or before the Commencement Date.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Demised Premises to Lessee Tenant on said date, Lessor shall 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 be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease. However, the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until possession of the Demised Premises is tendered delivered to Lessee; provided, however, that if Lessor Tenant. The Lease Term shall not have delivered 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 ninety sixty (9060) days from after the Commencement Date and such delay is absent of force majeure or otherwisespecified in Section 1.05, Lessee may, at Lessee’s option, Tenant may cancel this Lease by giving written notice in writing to Lessor Landlord within ten (10) days thereafterafter 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, in which event and the parties Lease Term shall be discharged from all obligations hereundercommence upon the delivery of possession of the Demised Premises to Tenant. If Lessee occupies delivery of possession of the Demised Premises prior to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised Commencement Date, such occupancy shall be subject to all provisions hereof; such occupancy shall not advance Date and Expiration Date of 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 Premises ready for occupancy on or before the Commencement DateLease Term.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises Property to Lessee Tenant on said date, Lessor the Commencement Date. Landlord’s non-delivery of the Property to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease except that the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until Landlord delivers possession of the Premises is tendered Property to Lessee; provided, however, that if Lessor Tenant and the Lease Term shall not have delivered be extended for a period equal to the delay [Illegible] delivery of possession of the Premises Property to Tenant, plus the number of days necessary to end the Lease Term on the last day of a month. If Landlord does not deliver possession of the Property to Tenant within ninety sixty (9060) days from after the Commencement Date and such delay is absent of force majeure or otherwise, Lessee may, at Lessee’s option, Date. Tenant may elect to cancel this Lease by giving written notice in writing to Lessor Landlord within ten (10) days thereafterafter the sixty (60) -day period ends. If Tenant gives such notice, cancel this Lease, in which event the parties Lease shall be discharged from all cancelled and neither Landlord nor Tenant shall have any further obligations hereunderto the other. If Lessee occupies Tenant does not give such notice, Tenant’s right to cancel the Premises prior Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Property to Tenant. If delivery of possession of the Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the actual Commencement Date, Date and expiration date of the Lease. Failure to execute such occupancy shall be subject to all provisions hereof; such occupancy amendment shall not advance affect the Expiration Date, actual Commencement Date and Lessee shall pay rent from its expiration 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 Premises ready for occupancy on or before the Commencement Date.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises to Lessee Tenant on said date, Lessor the first date specified in Section 1.5 above. Xxxxxxxx's non-delivery of the Premises to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease Sublease or the obligations of Lessee hereunder or extend Tenant under this Sublease. However, the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until possession of the Premises is tendered delivered to Lessee; provided, however, that if Lessor Tenant. The Sublease Term shall not have delivered be extended for a period equal to the delay in delivery of possession of the Premises to Tenant, plus the number of days necessary to end the Sublease Term on the last day of a month. If Landlord does not deliver possession of the Premises to Tenant within ninety (90) days from after the Commencement Date and such delay is absent of force majeure or otherwisefirst date specified in Section 1.5 above, Lessee may, at Lessee’s option, Tenant may elect to cancel this Sublease by giving written notice in writing to Lessor Landlord within ten (10) days thereafterafter the 90-day period ends. If Tenant gives such notice, cancel this Lease, in which event the parties Sublease shall be discharged from all cancelled and neither Landlord nor Tenant shall have any further obligations hereunderto the other. If Lessee occupies Tenant does not give such notice, Xxxxxx's right to cancel the Sublease shall expire and the Sublease Term shall commence upon the delivery of possession of the Premises prior to Tenant. If delivery of possession of the Premises to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Sublease setting forth the Commencement Date, such occupancy shall be subject to all provisions hereof; such occupancy shall not advance the Expiration Date, Date and Lessee shall pay rent from its expiration date of occupancy at the initial monthly rates set forth belowSublease. If LessorFor purposes of this Section 2.3, by reason Landlord's delivery of force majeure or otherwise, cannot deliver possession of the Premises within ninety shall mean the earlier of (90i) days from the Commencement Datedate Tenant occupies all or any portion of the Premises, Lessor or Lessee may, at their respective options, by notice in writing within ten (10ii) days thereafter, cancel this Lease. In the event Lessor is required to improve date upon which the Premises are substantially complete in the manner described on accordance with Exhibit “B” attached hereto (the “Lessor’s Work”), Lessor agrees to use reasonable diligence to have Lessor’s Work completed and the Premises ready for occupancy on or before the Commencement Date.A.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises Property to Lessee Tenant on said date, Lessor the Commencement Date. Landlord's non-deliver of the Property to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease except that the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until Landlord delivers possession of the Premises is tendered Property to Lessee; provided, however, that if Lessor Tenant and the Lease Term shall not have delivered be extended for a period equal to the delay in delivery of possession of the Premises Property to Tenant, plus the number of days necessary to end the Lease Term on the last day of a month. If Landlord does not deliver possession of the Property to Tenant within ninety sixty (9060) days from after the Commencement Date and such delay is absent of force majeure or otherwiseDate, Lessee may, at Lessee’s option, Tenant may elect to cancel this Lease by giving written notice in writing to Lessor Landlord within ten (10) days thereafterafter the sixty (60) day period ends. If Tenant gives such notice, cancel this Lease, in which event the parties Lease shall be discharged from all cancelled and neither Landlord nor Tenant shall have any further obligations hereunderto the other. If Lessee occupies Tenant does not give such notice, Tenant's right to cancel the Premises prior Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Property to Tenant. If delivery of possession of the Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the actual Commencement Date, Date and expiration date of the Lease. Failure to execute such occupancy shall be subject to all provisions hereof; such occupancy amendment shall not advance affect the Expiration Date, actual Commencement Date and Lessee shall pay rent from its expiration 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 Premises ready for occupancy on or before the Commencement Date.

Delay in Commencement. Notwithstanding Landlord shall grant Tenant access to the Commencement Premises to Tenant for purposes of Tenant commencing its Tenant Improvements on the Effective Date (“Delivery Date, if ”). 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 Lessor canwhatsoever, Landlord shall not deliver possession be liable to Tenant for any damages or losses resulting therefrom and this Lease shall continue in full force and effect, except for the anticipated Commencement Date 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 Delivery Date that Landlord fails to grant Tenant access to the Building for purposes of Tenant commencing its Tenant Improvements (regardless of whether Tenant actually accesses the Building on that date) and the Expiration Date shall be extended for a period equal to the delay in delivery of access to the Premises to Lessee Tenant, plus the number of days necessary to end the Lease Term on said datethe last day of a month, Lessor and Rent shall not be subject prorated for any partial month accordingly. Except for Tenant’s rights to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend the Term hereof, but object as set forth in such case Lessee shall not be obligated to pay rent until possession of the Premises is tendered to Lessee; provided, however, that if Lessor shall not have delivered possession of the Premises within ninety (90) days from the Commencement Date and such delay is absent of force majeure or otherwise, Lessee may, at Lessee’s option, by notice in writing to Lessor within ten (10) days thereafter, cancel this Lease, in which event Landlord has met the parties shall be discharged from all obligations hereunder. If Lessee occupies requirements to cause the Premises prior Delivery Date to occur upon 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 execution and delivery 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 that Landlord has not delivered access to improve the Premises in to Tenant to commence its Tenant Improvements within two (2) business days following the manner described on Exhibit “B” attached hereto (date of the “Lessorexecution and delivery of this Lease and Tenant’s Work”)proof of insurance as required herein, Lessor agrees Tenant may terminate this Lease by delivering written notice of such termination to use reasonable diligence to have Lessor’s Work completed and the Premises ready for occupancy Landlord on or before prior to the Commencement Datedate Landlord delivers such access to Tenant.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises Property to Lessee Tenant on said date, Lessor the Commencement Date. Landlord's non-delivery of the Property to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease except that the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until Landlord delivers possession of the Premises is tendered Property to Lessee; provided, however, that if Lessor Tenant and the Lease Term shall not have delivered be extended for a period equal to the delay in delivery of possession of the Premises Property to Tenant, plus the number of days necessary to end the Lease Term on the last day of a month. If Landlord does not deliver possession of the Property to Tenant within ninety sixty (9060) days from after the Commencement Date and such delay is absent of force majeure or otherwiseDate, Lessee may, at Lessee’s option, Tenant may elect to cancel this Lease by giving written notice in writing to Lessor Landlord within ten (10) days thereafterafter the sixty (60) day period ends. If Tenant gives such notice, cancel this Lease, in which event the parties Lease shall be discharged from all cancelled and neither Landlord nor Tenant shall have any further obligations hereunderto the other. If Lessee occupies Tenant does not give such notice, Tenant's right to cancel the Premises prior Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Property to Tenant. If delivery of possession of the Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the actual Commencement Date, Date and expiration date of the Lease. Failure to execute such occupancy shall be subject to all provisions hereof; such occupancy amendment shall not advance affect the Expiration Date, actual Commencement Date and Lessee shall pay rent from its expiration 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 Premises ready for occupancy on or before the Commencement Date.

Delay in Commencement. Notwithstanding the Commencement DateDate (as set forth in Section 1.7 above), if for any reason Lessor canLandlord does not deliver possession of the Premises to Lessee Tenant on said dateor before the anticipated Commencement Date set forth in Section 1.7 above, Lessor Landlord shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder Tenant hereunder. Notwithstanding the foregoing or extend anything to the Term hereofcontrary contained herein, but in such case Lessee shall not be obligated if Landlord is unable to pay rent until deliver possession of the Premises is tendered to Lessee; providedTenant on or before the anticipated Commencement Date set forth in Section 1.7 above as a direct, howeverindirect, that if Lessor shall not have delivered possession 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 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 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 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 have occurred commencing as of the date such notice is received and continuing for the number of days the Landlord Work in the Premises within ninety (90) days from the Commencement Date and was in fact delayed as a result of such delay is absent of force majeure action or otherwise, Lessee may, at Lessee’s option, by notice in writing to Lessor within inaction. Within ten (10) days thereafterafter Landlord’s request, cancel this Lease, in Tenant shall execute an Acceptance of Landlord Work Letter Agreement pursuant to which event Tenant shall accept the parties shall be discharged from all obligations hereunder. If Lessee occupies Landlord Work and the Premises prior and certify to Landlord the date on which Landlord gave Tenant written notice that the Landlord Work (as defined in the Work Letter) was Substantially Complete, the actual Commencement Date, such occupancy shall be subject the date on which Tenant took possession, or was deemed and construed to all provisions hereof; such occupancy shall not advance 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, 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 but 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 Lease and the Premises ready for occupancy on or before respective obligations of the Commencement Dateparties hereto shall not be affected in any manner if Tenant does not execute such Acceptance of Landlord Work Letter Agreement.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises Property to Lessee Tenant on said date, Lessor the Commencement Date. Landlord’s non-delivery of the Property to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease except that the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until Landlord delivers possession of the Premises is tendered Property to Lessee; provided, however, that if Lessor Tenant and the Lease Term shall not have delivered be extended for a period equal to the delay in delivery of possession of the Premises Property to Tenant, plus the number of days necessary to end the Lease Term on the last day of a month. If Landlord does not deliver possession of the Property to Tenant within ninety sixty (9060) days from after the Commencement Date and such delay is absent of force majeure or otherwiseDate, Lessee may, at Lessee’s option, Tenant may elect to cancel this Lease by giving written notice in writing to Lessor Landlord within ten (10) days thereafterafter such sixty (60)-day period ends. If Tenant gives such notice, cancel this Lease, in which event the parties Lease shall be discharged from all canceled and neither Landlord nor Tenant shall have any further obligations hereunderto the other. If Lessee occupies Tenant does not give such notice, Tenant’s right to cancel the Premises prior Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Property to Tenant. If delivery of possession of the Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the actual Commencement Date, Date and expiration date of the Lease. Failure to execute such occupancy shall be subject to all provisions hereof; such occupancy amendment shall not advance affect the Expiration Date, actual Commencement Date and Lessee shall pay rent from its expiration 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 Premises ready for occupancy on or before the Commencement Date.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises Property to Lessee Tenant on said date, Lessor the first date specified in Section 1.05 above. Landxxxx'x xon-delivery of the Property to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease. However, the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until possession of the Premises Property is tendered delivered to Lessee; provided, however, that if Lessor Tenant. The Lease Term shall not have delivered be extended for a period equal to the delay in delivery of possession of the Premises Property to Tenant, plus the number of days necessary to end the Lease Term on the last day of a month. If Landlord does not deliver possession of the Property to Tenant within ninety sixty (9060) days from after the Commencement Date and such delay is absent of force majeure or otherwisefirst date specified in Section 1.05 above, Lessee may, at Lessee’s option, Tenant may elect to cancel this Lease by giving written notice in writing to Lessor Landlord within ten (10) days thereafterafter the 60-day period ends. If Tenant gives such notice, cancel this Lease, in which event the parties Lease shall be discharged from all canceled and neither Landlord nor Tenant shall have any further obligations hereunderto the other. If Lessee occupies Tenant does not give such notice, Tenaxx'x xight to cancel the Premises prior lease shall expire and the Lease Term shall commence upon the delivery of possession of the Property to Tenant. If delivery of possession of the Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the Commencement Date, such occupancy shall be subject to all provisions hereof; such occupancy shall not advance the Expiration Date, Date and Lessee shall pay rent from its expiration 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 Premises ready for occupancy on or before the Commencement Date.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises Property to Lessee Tenant on said date, Lessor the Commencement Date. Landlord’s non-delivery of the Property to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease except that the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until Landlord delivers possession of the Premises is tendered Property to Lessee; provided, however, that if Lessor Tenant and the Lease Term shall not have delivered be extended for a period equal to the delay in delivery of possession of the Premises Property to Tenant, plus the number of days necessary to end the Lease Term on the last day of a month. If Landlord does not deliver possession of the Property to Tenant within ninety one hundred twenty (90120) days from after the Commencement Date and such delay is absent of force majeure or otherwiseDate, Lessee may, at Lessee’s option, Tenant may elect to cancel this Lease by giving written notice in writing to Lessor Landlord within ten (10) days thereafterafter the one hundred twenty (120) –day period ends. If Tenant gives such notice, cancel this Lease, in which event the parties Lease shall be discharged from all canceled and neither Landlord nor Tenant shall have any further obligations hereunderto the other. If Lessee occupies Tenant does not give such notice, Tenant’s right to cancel the Premises prior Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Property to Tenant. If delivery of possession of the Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the actual Commencement Date, Date and expiration date of the Lease. Failure to execute such occupancy shall be subject to all provisions hereof; such occupancy amendment shall not advance affect the Expiration Date, actual Commencement Date and Lessee shall pay rent from its expiration 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 Premises ready for occupancy on or before the Commencement Date.

Delay in Commencement. Notwithstanding the Commencement Date, if for any reason Lessor cannot Landlord will deliver possession of the Premises to Lessee Tenant upon LI Substantial Completion. Landlord shall use commercially reasonable efforts to achieve LI Substantial Completion on said dateor before May 15, Lessor 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 subject liable to any liability therefor, nor shall Tenant in the event Landlord fails to achieve LI Substantial Completion by the Target Delivery Date and such failure shall not affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease except that the Term hereofBase Rent Commencement Date shall be extended for a period equal to the delay in Landlord’s achievement of LI Substantial Completion beyond the Target Delivery Date. If the entire Premises is not made available to Tenant by the Target Delivery Date, but as may be extended by Force Majeure and Tenant Delays, then Tenant shall be entitled to an abatement of Base Rent equal to one (1) day of Base Rent for each day until the entire Premises are made available to Tenant in such case Lessee shall not be obligated to pay rent until possession of the condition required hereunder. If the Premises is tendered are not delivered by July 31, 2017 (the “Termination Date”), as may be extended due to Lessee; provided, however, that if Lessor shall not have delivered possession Force Majeure (up to an aggregate maximum of the Premises within ninety (90) days from the Commencement Date days) and such delay is absent of force majeure or otherwiseTenant Delays (without limitation), Lessee may, at Lessee’s option, Tenant may elect to terminate this Lease by providing notice in writing to Lessor Landlord within ten (10) business days thereafter, cancel this Lease, in which event following the parties shall be discharged from all obligations hereunder. If Lessee occupies the Premises Termination Date but prior to the Commencement Date, such occupancy shall be subject date that the entire Premises are actually delivered to all provisions hereof; such occupancy shall not advance Tenant in 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 Leasecondition required herein. In the event Lessor is of such termination, Tenant shall be entitled to the return of all Rent that it has paid to Landlord up to the date of termination and shall be required to improve reimburse Landlord for all costs and fees paid or to be paid by Landlord that are attributable to any and all alterations, 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 Section 2.03, Landlord shall have no obligation to fund the TI Allowance (defined in Section 22.02). If only a portion of the Premises is ready for Tenant’s occupancy, Tenant may elect to occupy 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 manner described on Exhibit “B” attached hereto (the “Lessor’s Work”), Lessor agrees condition required hereunder. Prior to use reasonable diligence to have Lessor’s Work completed and any occupancy by Tenant of only a portion of the Premises ready as described above, Tenant must first obtain the consent of Landlord (in Landlord’s sole and absolute discretion) and Landlord and/or Tenant must first have obtained all necessary City of Fairfield (“City”) approvals necessary for occupancy on or before the Commencement Datesuch partial occupancy.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises Property to Lessee Tenant on said date, Lessor the Commencement Date. Landlord's non-delivery of the Property to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease except that the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until Landlord delivers possession of the Premises is tendered Property to Lessee; provided, however, that if Lessor Tenant and the Lease Term shall not have delivered be extended for a period equal to the delay in delivery of possession of the Premises Property to Tenant, plus the number of days necessary to end the Lease Term on the last day of a month. If Landlord does not deliver possession of the Property to Tenant within ninety sixty (9060) days from after the Commencement Date and such delay is absent of force majeure or otherwiseDate, Lessee may, at Lessee’s option, Tenant may elect to cancel this Lease by giving written notice in writing to Lessor Landlord within ten (10) days thereafterafter the sixty (60) -day period ends. If Tenant gives such notice, cancel this Lease, in which event the parties Lease shall be discharged from all cancelled and neither Landlord nor Tenant shall have any further obligations hereunderto the other. If Lessee occupies Tenant does not give such notice, Tenant's right to cancel the Premises prior Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Property to Tenant. If delivery of possession of the Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the actual Commencement Date, Date and expiration date of the Lease. Failure to execute such occupancy shall be subject to all provisions hereof; such occupancy amendment shall not advance affect the Expiration Date, actual Commencement Date and Lessee shall pay rent from its expiration 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 Premises ready for occupancy on or before the Commencement Date.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises Property to Lessee Tenant on said date, Lessor the Commencement Date. Landlord's non-delivery of the Property to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease except that the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until Landlord delivers possession of the Premises is tendered Property to Lessee; provided, however, that if Lessor Tenant and the Lease Term shall not have delivered be extended for a period equal to the delay in delivery of possession of the Premises Property to Tenant, plus the number of days necessary to end the Lease Term 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 Property to Tenant within ninety (90) days after May 1, 2000, subject to delays resulting from the Commencement Date and such delay is absent of force majeure or otherwiseas provided in Section 13.12, Lessee may, at Lessee’s option, Tenant may elect to cancel this Lease by giving written notice in writing to Lessor Landlord within ten (10) days thereafter, cancel this Lease, in which event after 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 day period ends. If Tenant does not give such notice, Tenant's right to cancel the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Property to Tenant. If delivery of possession of the Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the actual Commencement Date, Lessor or Lessee may, at their respective options, by notice in writing within ten (10) days thereafter, cancel this Date and expiration date of the Lease. In Failure to execute such amendment shall not affect the event Lessor is required to improve actual Commencement Date and expiration date of 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 Premises ready for occupancy on or before the Commencement DateLease.

Delay in Commencement. Notwithstanding the Commencement DateSubject to terms of Addendum (B) Work Letter, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Demised Premises to Lessee Tenant on said date, Lessor shall 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 be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease. However, the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until possession of the Demised Premises is tendered delivered to Lessee; provided, however, that if Lessor Tenant. The Lease Term shall not have delivered be extended for a period equal to the delay in delivery of possession of the Demised 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 ninety thirty (9030) days from after the Commencement Date and such delay is absent of force majeure or otherwise, Lessee may, at Lessee’s option, specified in Section 1.05. Tenant may cancel this Lease by giving written notice in writing to Lessor Landlord within ten (10) days thereafterafter 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, in which event and the parties Lease Term shall be discharged from all obligations hereundercommence upon the delivery of possession of the Demised Premises to Tenant. If Lessee occupies delivery of possession of the Demised Premises prior to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised Commencement Date, such occupancy shall be subject to all provisions hereof; such occupancy shall not advance Date and Expiration Date of 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 LeaseLease Term. In the event Lessor is required to improve of conflict between this lease provision and lease Addendum (B) Work Letter, Provision by 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 Premises ready for occupancy on or before the Commencement DateLetter will prevail.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises to Lessee Tenant on said 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 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, Lessor unless the Substantial Completion of the Landlord Improvements has occurred prior to Landlord receiving such notice in 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 the Premises to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease except that the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until Landlord delivers possession of the Premises to Tenant and the Lease Term shall be extended for a period equal to the delay in delivery of possession of the Premises to Tenant, plus the number of days necessary to end the Lease Term on the last day of a month. Notwithstanding the foregoing, to the extent such delay is tendered to Lessee; providedcaused by a Tenant Delay (as hereinafter defined in the Work Letter), however, that if Lessor shall then the Commencement Date will not be deferred and the Commencement Date will be the date on which Landlord would have delivered possession of the Premises within ninety (90) days from to Tenant with Substantial Completion of the Commencement Date and such delay is Landlord Improvements absent of force majeure or otherwise, Lessee may, at Lessee’s option, by notice in writing to Lessor within ten (10) days thereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunderTenant Delay. If Lessee occupies delivery of possession of the Premises prior to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the actual Commencement Date, such occupancy shall be subject to all provisions hereof; such occupancy shall not advance the Expiration Rent Commencement Date, and Lessee Expiration Date. Failure to execute such amendment shall pay rent from its date of occupancy at not otherwise affect 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 actual 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 Premises ready for occupancy on or before the Rent Commencement Date, and Expiration Date.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises Property to Lessee Tenant on said date, Lessor the first date specified in Section 1.05 above. Landlord's non-delivery of the Property to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend the Term hereofTenant under this Lease. However, but in such case Lessee the Commencement Date shall not be obligated to pay rent delayed until possession of the Premises Property is tendered delivered to Lessee; provided, however, that if Lessor Tenant. The Lease Term shall not have delivered be extended for a period equal to the delay in delivery of possession of the Premises Property to Tenant, plus the number of days necessary to end the Lease Term on the last day of a month. If Landlord does not deliver possession of the Property to Tenant within ninety sixty (9060) days from after the Commencement Date and such delay is absent of force majeure or otherwisefirst date specified in Section 1.05 above, Lessee may, at Lessee’s option, Tenant may elect to cancel this Lease by giving written notice in writing to Lessor Landlord within ten (10) days thereafterafter the 60-day period ends. If Tenant gives such notice, cancel this Lease, in which event the parties Lease shall be discharged from all obligations hereundercancelled effective as of the date of its execution, and no party hereto shall have any obligations, one to the other. If Lessee occupies Tenant does not give such notice, Tenant's right to cancel the Premises prior Lease shall expire and the Lease Term shall commence upon the delivery of the Property to Tenant. If delivery of possession of the Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the Commencement Date, such occupancy shall be subject to all provisions hereof; such occupancy shall not advance the Expiration Date, Date and Lessee shall pay rent from its expiration 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 Premises ready for occupancy on or before the Commencement Date.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises Property to Lessee Tenant on said date, Lessor the Commencement Date. Landlord's non-delivery of the Property to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease except that the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until Landlord delivers possession of the Premises is tendered Property to Lessee; provided, however, that if Lessor Tenant and the Lease Term shall not have delivered be extended for a period equal to the delay in delivery of possession of the Premises Property to Tenant, plus the number of days necessary to end the Lease Term on the last day of a month. If Landlord does not deliver possession of the Property to Tenant within ninety sixty (9060) days from after the Commencement Date and such delay is absent of force majeure or otherwiseDate, Lessee may, at Lessee’s option, Tenant may elect to cancel this Lease by notice in writing giving written notes to Lessor Landlord within ten (10) days thereafterafter the sixty (60) -day period ends. If Tenant gives such notice, cancel this Lease, in which event the parties Lease shall be discharged from all cancelled and neither Landlord nor Tenant shall have any further obligations hereunderto the other. If Lessee occupies Tenant does not give such notice, Tenant's right to cancel the Premises prior Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Property to Tenant. If delivery of possession of the Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the actual Commencement Date, Date and expiration date of the Lease. Failure to execute such occupancy shall be subject to all provisions hereof; such occupancy amendment shall not advance affect the Expiration Date, actual Commencement Date and Lessee shall pay rent from its date expiration data 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 Premises ready for occupancy on or before the Commencement Date.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises Property to Lessee Tenant on said date, Lessor the Commencement Date. Landlord's non-delivery of the Property to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease except that the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until Landlord delivers possession of the Premises is tendered Property to Lessee; provided, however, that if Lessor Tenant and the Lease Term shall not have delivered be extended for a period equal to the delay in delivery of possession of the Premises Property to Tenant, plus the number of days necessary to end the Lease Term on the last day of a month. If Landlord does not deliver possession of the Property to Tenant within ninety sixty (9060) days from after the Commencement Date and such delay is absent of force majeure or otherwiseDate, Lessee may, at Lessee’s option, Tenant may elect to cancel this Lease by giving written notice in writing to Lessor Landlord within ten (10) days thereafterafter the sixty (60) - day period ends. If Tenant give such notice, cancel this Lease, in which event the parties Lease shall be discharged from all cancelled and neither Landlord nor Tenant shall have any further obligations hereunderto the other. If Lessee occupies Tenant does not give such notice, Tenaxx'x xight to cancel the Premises prior Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Property to Tenant. If delivery of possession of the Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the actual Commencement Date, Date and expiration date of the Lease. Failure to execute such occupancy shall be subject to all provisions hereof; such occupancy amendment shall not advance affect the Expiration Date, actual Commencement Date and Lessee shall pay rent from its expiration 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 Premises ready for occupancy on or before the Commencement Date.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises Property to Lessee Tenant on said date, Lessor the Commencement Date. Landlord's non-delivery of the Property to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease except that the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until Landlord delivers possession of the Premises is tendered Property to Lessee; provided, however, that if Lessor Tenant and the Lease Term shall not have delivered be extended for a period equal to the delay in delivery of possession of the Premises Property to Tenant, plus the number of days necessary to end the Lease Term on the last day of a month. If Landlord does not deliver possession of the Property to Tenant within ninety one hundred twenty (90120) days from after the Commencement Date and such delay is absent of force majeure or otherwiseDate, Lessee may, at Lessee’s option, Tenant may elect to cancel this Lease by giving written notice in writing to Lessor Landlord within ten (10) days thereafterafter the one hundred twenty (120) -day period ends. If Tenant gives such notice, cancel this Lease, in which event the parties Lease shall be discharged from all canceled and neither Landlord nor Tenant shall have any further obligations hereunderto the other. If Lessee occupies Tenant does not give such notice, Xxxxxx's right to cancel the Premises prior Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Property to Tenant. If delivery of possession of the Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the actual Commencement Date, Date and expiration date of the Lease. Failure to execute such occupancy shall be subject to all provisions hereof; such occupancy amendment shall not advance affect the Expiration Date, actual Commencement Date and Lessee shall pay rent from its expiration 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 Premises ready for occupancy on or before the Commencement Date.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises Property to Lessee Tenant on said date, Lessor the Commencement Date. Xxxxxxxx's non-delivery of the Property to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease except that the Commencement Date shall be delayed until Landlord delivers possession of the Property to Tenant. The Lease Term hereof, but in such case Lessee shall not be obligated to pay rent until extended and the expiration date of the Lease shall remain unchanged. If Landlord does not deliver possession of the Premises is tendered Property to Lessee; provided, however, that if Lessor shall not have delivered possession of the Premises Tenant within ninety (90) days from after the Commencement Date and such delay is absent of force majeure or otherwiseDate, Lessee may, at Lessee’s option, Tenant may elect to cancel this Lease by giving written notice in writing to Lessor Landlord within ten (10) days thereafterafter the ninety (90)-day period ends. If Tenant gives such notice, cancel this Lease, in which event the parties Lease shall be discharged from all cancelled and neither Landlord nor Tenant shall have any further obligations hereunderto the other. If Lessee occupies Tenant does not give such notice, Xxxxxx's right to cancel the Premises prior Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Property to Tenant. If delivery of possession of the Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the actual Commencement Date, Date and expiration date of the Lease. Failure to execute such occupancy shall be subject to all provisions hereof; such occupancy amendment shall not advance affect the Expiration Date, actual Commencement Date and Lessee shall pay rent from its expiration 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 Premises ready for occupancy on or before the Commencement Date.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises Property to Lessee Tenant on said date, Lessor the Commencement Date. Xxxxxxxx's non- delivery of the Property to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease except that the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until Landlord delivers possession of the Premises is tendered Property to Lessee; provided, however, that if Lessor Tenant and the Lease Term shall not have delivered be extended for a period equal to the delay in delivery of possession of the Premises Property to Tenant, plus the number of days necessary to end the Lease Term on the last day of a month. If Landlord does not deliver possession of the Property to Tenant within ninety sixty (9060) days from after the Commencement Date and such delay is absent of force majeure or otherwiseDate, Lessee may, at Lessee’s option, Tenant may elect to cancel this Lease by giving written notice in writing to Lessor Landlord within ten (10) days thereafterafter the sixty (60)-day period ends. If Tenant gives such notice, cancel this Lease, in which event the parties Lease shall be discharged from all cancelled and neither Landlord nor Tenant shall have any further obligations hereunderto the other. If Lessee occupies Tenant does not give such notice, Xxxxxx's right to cancel the Premises prior Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Property to Tenant. If delivery of possession of the Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the actual Commencement Date, Date and expiration date of the Lease. Failure to execute such occupancy shall be subject to all provisions hereof; such occupancy amendment shall not advance affect the Expiration Date, actual Commencement Date and Lessee shall pay rent from its date expiration 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 Premises ready for occupancy on or before the Commencement Date.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises Property to Lessee Tenant on said date, Lessor the Commencement Date. Landlord's non-delivery of the Property to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease except that the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until Landlord delivers possession of the Premises is tendered Property to Lessee; provided, however, that if Lessor Tenant and the Lease Term shall not have delivered be extended for a period equal to the delay in delivery of possession of the Premises Property to Tenant, plus the number of days necessary to end the Lease Term on the last day of a month. If Landlord does not deliver possession of the Property to Tenant within ninety sixty (9060) days from after the Commencement Date and such delay is absent of force majeure or otherwiseDate, Lessee may, at Lessee’s option, Tenant may elect to cancel this Lease by giving written notice in writing to Lessor Landlord within ten (10) days thereafterafter the sixty (60)-day period ends. If Tenant gives such notice, cancel this Lease, in which event the parties Lease shall be discharged from all canceled and neither Landlord nor Tenant shall have any further obligations hereunderto the other. If Lessee occupies Tenant does not give such notice, Xxxxxx's right to cancel the Premises prior Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Property to Tenant. If delivery of possession of the Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the actual Commencement Date, Date and expiration date of the Lease. Failure to execute such occupancy shall be subject to all provisions hereof; such occupancy amendment shall not advance affect the Expiration Date, actual Commencement Date and Lessee shall pay rent from its expiration of the 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 Premises ready for occupancy on or before the Commencement Date.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Demised Premises to Lessee Tenant on said date, Lessor the first date specified in Section 1.05 above. Landlord's nondelivery of possession of the Demised Premises to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease. However, the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until possession of the Demised Premises is tendered delivered to Lessee; provided, however, that if Lessor Tenant. The Lease Term shall not have delivered 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 ninety sixty (9060) days from after the Commencement Date and such delay is absent of force majeure or otherwisefirst date specified in Section 1.05 above, Lessee may, at Lessee’s option, Tenant may elect to cancel this Lease by giving written notice in writing to Lessor Landlord within ten (10) days thereafterafter the 60-day period ends. If Tenant gives such notice, the Lease shall be cancelled effective as of the date of its execution, and no party hereto shall have any obligations, 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, in which event and the parties Lease Term shall be discharged from all obligations hereundercommence upon the delivery of possession of the Demised Premises to Tenant. If Lessee occupies delivery of possession of the Demised Premises prior to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the Commencement Date, such occupancy shall be subject to all provisions hereof; such occupancy shall not advance the Expiration Date, Date and Lessee shall pay rent from its expiration 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 Premises ready for occupancy on or before the Commencement DateLease Term.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises Property to Lessee Tenant on said date, Lessor the first date specified in Section 1.05 above. Xxxxxxxx's non-delivery of the Property to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease. However, the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until possession of the Premises Property is tendered delivered to Lessee; provided, however, that if Lessor Tenant. The Lease Term shall not have delivered be extended for a period equal to the delay in delivery of possession of the Premises Property to Tenant, plus the number of days necessary to end the Lease Term on the last day of a month. If Landlord does not deliver possession of the Property to Tenant within ninety (90) days from after the date first specified in Section 1.05 above, Tenant may elect to cancel this Lease by giving written notice within thirty (30) days after the 90-day period ends. If Tenant give such notice, the Lease shall be canceled and neither Landlord nor Tenant shall have any further obligations to the other. If Tenant does not give such notice, Tenants' right to cancel the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Property to Tenant. If delivery of possession of the Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the Commencement Date and such delay is absent expiration date of force majeure or otherwise, Lessee may, at Lessee’s option, by notice the Lease. Tenant's aforementioned right to cancel and the effect of any other delays in writing to Lessor within ten (10) days thereafter, 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 commencement 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 (90Section 15.05(a) 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 Premises ready for occupancy on or before the Commencement Dateregarding "Force Majeure."

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises Property to Lessee Tenant on said date, Lessor the Commencement Date. Landlord's non- delivery of the Property to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease except that the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until Landlord delivers possession of the Premises is tendered Property to Lessee; provided, however, that if Lessor Tenant and the Lease Term shall not have delivered be extended for a period equal to the delay in delivery of possession of the Premises Property to Tenant, plus the number of days necessary to end the Lease Term on the last day of a month. If Landlord does not deliver possession of the Property to Tenant within ninety sixty (9060) days from after the Commencement Date and such delay is absent of force majeure or otherwiseDate, Lessee may, at Lessee’s option, Tenant may elect to cancel this Lease by giving written notice in writing to Lessor Landlord within ten (10) days thereafterafter the sixty (60)-day period ends. If Tenant gives such notice, cancel this Lease, in which event the parties Lease shall be discharged from all cancelled and neither Landlord nor Tenant shall have any further obligations hereunderto the other. If Lessee occupies Tenant does not give such notice, Tenaxx'x xight to cancel the Premises prior Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Property to Tenant. If delivery of possession of the Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the actual Commencement Date, Date and expiration date of the Lease. Failure to execute such occupancy shall be subject to all provisions hereof; such occupancy amendment shall not advance affect the Expiration Date, actual Commencement Date and Lessee shall pay rent from its expiration 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 Premises ready for occupancy on or before the Commencement Date.

Delay in Commencement. Notwithstanding Landlord shall not be liable to Tenant if Landlord does not deliver possession of 3 the Property to Tenant on the Commencement Date. Landlord's non-delivery of the Property to Tenant on that date shall not affect this lease or the obligations of Tenant under this Lease except that the Commencement Date shall be delayed until Landlord delivers possession of the Property to Tenant and the Lease Term shall be extended for a period equal to the delay in delivery of possession of the Property to Tenant, if for any reason Lessor canplus the number of days necessary to and the Lease Term on the last day of a month. If Landlord does not deliver possession of the Premises Property to Lessee on said dateTenant Within sixty (60) days after the Commencement Date, Lessor shall not be subject Tenant may elect to any liability therefor, nor shall such failure affect the validity of cancel this Lease or the obligations of Lessee hereunder or extend the Term hereof, but in such case Lessee shall not be obligated by giving written notice to pay rent until possession of the Premises is tendered to Lessee; provided, however, that if Lessor shall not have delivered possession of the Premises within ninety (90) days from the Commencement Date and such delay is absent of force majeure or otherwise, Lessee may, at Lessee’s option, by notice in writing to Lessor Landlord within ten (10) days thereafterafter the sixty (60) -day period ends. If Tenant gives such notice, cancel this Lease, in which event the parties Lease shall be discharged from all canceled and neither Landlord nor Tenant shall have any further obligations hereunderto the other. If Lessee occupies Tenant does not give such notice, Tenant's right to cancel the Premises prior Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Property to Tenant. If delivery of possession of the Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this lease setting forth the actual Commencement Date, Date and expiration date of the Lease. Failure to execute such occupancy shall be subject to all provisions hereof; such occupancy amendment shall not advance affect the Expiration Date, actual Commencement Date and Lessee shall pay rent from its expiration 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 Premises ready for occupancy on or before the Commencement Date.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises Property to Lessee Tenant on said date, Lessor the Commencement Date. Landlord's non-delivery of the Property to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease except that the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until Landlord delivers possession of the Premises is tendered Property to Lessee; provided, however, that if Lessor Tenant and the Lease Term shall not have delivered be extended for a period equal to the delay in delivery of possession of the Premises Property to Tenant, plus the number of days necessary to end the Lease Term on the last day of a month. If Landlord does not deliver possession of the Property to Tenant within ninety sixty (9060) days from after the Commencement Date and such delay is absent of force majeure or otherwiseDate, Lessee may, at Lessee’s option, Tenant may elect to cancel this Lease by giving written notice in writing to Lessor Landlord within ten (10) days thereafterafter the sixty (60)-day period ends. If Tenant gives such notice, cancel this Lease, in which event the parties Lease shall be discharged from all cancelled and neither Landlord nor Tenant shall have any further obligations hereunderto the other. If Lessee occupies Tenant does not give such notice, Tenant's right to cancel the Premises prior Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Property to Tenant. If delivery of possession of the Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the actual Commencement Date, Date and expiration date of the Lease. Failure to execute such occupancy shall be subject to all provisions hereof; such occupancy amendment shall not advance affect the Expiration Date, actual Commencement Date and Lessee shall pay rent from its expiration 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 Premises ready for occupancy on or before the Commencement Date.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises Property to Lessee Tenant on said date, Lessor the Commencement Date. Landlord's non-delivery of the Property to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease except that the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until Landlord delivers possession of the Premises is tendered Property to LesseeTenant and the Lease Term shall be extended for a period equal to the delay in delivery of possession of the Property to Tenant, plus the number of days necessary to end the Lease Term on the last day of a month. If Landlord does not deliver possession of the Property to Tenant within ninety (90) days after the Commencement Date, Tenant may elect to cancel this Lease by giving written notice to Landlord within ten (10) days after the ninety (90) day period ends. If Tenant gives such notice, this Lease shall be cancelled and neither Landlord nor Tenant shall have any further obligations to the other; provided, however, that if Lessor Landlord shall return the Security Deposit to Tenant not have delivered more than thirty (30) days after receipt of Tenant's written termination notice. If Tenant does not give such notice, Xxxxxx's right to cancel this Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Premises within ninety (90) days from Property to Tenant. If delivery of possession of the Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the actual Commencement Date and such delay is absent of force majeure or otherwise, Lessee may, at Lessee’s option, by notice in writing to Lessor within ten (10) days thereafter, 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 expiration 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 Failure to execute such amendment shall not affect 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 actual Commencement Date and the Premises ready for occupancy on or before the Commencement Dateexpiration date of this Lease.

Delay in Commencement. Notwithstanding 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 Lessor canLandlord does not deliver possession of the Premises to Lessee Tenant on said date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend the Term hereofCommencement Date, but in such case Lessee Tenant shall not be obligated have no obligation to pay rent until Landlord delivers possession of the Premises is tendered to Lessee; providedTenant. If Landlord has not delivered possession of the Premises to Tenant by ten (10) days after the stated Commencement Date and until Landlord does deliver possession to the Premises to Tenant, however, that if Lessor Tenant may elect by written notice to Landlord cancel this Lease. If the Landlord shall not have delivered possession of the Premises within ninety one (901) days year from the Commencement Date and such delay is absent of force majeure or otherwiseDate, Lessee may, at Lessee’s option, Landlord may by notice in writing to Lessor within ten (10) days thereafter, Tenant cancel this Lease. If either party elects to so cancel the Lease, in which event Landlord shall return any money previously deposited by Tenant and the parties shall be discharged from all obligations hereunder. If Lessee occupies In no event, however, shall Tenant have the right to cancel this Lease because of any delay in delivering possession of the Premises prior to because of any act of God or the Commencement Dateelements; shortage or unavailability of necessary materials, such occupancy shall be subject to all provisions hereofsupplies, or labor; such occupancy shall not advance the Expiration Date, and Lessee shall pay rent from its date shortage of occupancy at the initial monthly rates set forth below. If Lessor, by reason or interruption in transportation of force majeure facilities; regulations or otherwise, cannot deliver the Premises within ninety (90) days from the Commencement Date, Lessor restriction; or Lessee may, at their respective options, by notice in writing within ten (10) days thereafter, cancel this Leaseany other cause beyond Landlord's reasonable control. In the event Lessor is required to improve delivery of possession of the Premises in is delayed beyond the manner described on Exhibit “B” attached hereto (stated Commencement Date, the “Lessor’s Work”), Lessor agrees to use reasonable diligence to have Lessor’s Work completed stated Commencement Date and the Premises ready for occupancy on or before stated Termination Date each shall be extended by the Commencement Datenumber of days of such delay.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises Property to Lessee Tenant on said date, Lessor the first date specified in Section 1.05 above. Landlord's non-delivery of the Property to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease. However, the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until possession of the Premises Property is tendered delivered to Lessee; provided, however, that if Lessor Tenant. The Lease Term shall not have delivered be extended for a period equal to the delay in delivery of possession of the Premises Property to Tenant, plus the number of days necessary to end the Lease Term on the last day of a month. If Landlord does not deliver possession of the Property to Tenant within ninety sixty (9060) days from after the Commencement Date and such delay is absent of force majeure or otherwisefirst date specified in Section 1.05 above, Lessee may, at Lessee’s option, Tenant may elect to cancel this Lease by giving written notice in writing to Lessor Landlord within ten (10) days thereafterafter the 60-day period ends. If Tenant gives such notice, cancel this Lease, in which event the parties Lease shall be discharged from all obligations hereundercancelled effective as of the date of its execution, and no party hereto shall have any obligations, one to the other. If Lessee occupies Tenant does not give such notice, Tenant's right to cancel the Premises prior Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Property to Tenant. If delivery of possession of the Property to Tenant is delayed. Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the Commencement Date, such occupancy shall be subject to all provisions hereof; such occupancy shall not advance the Expiration Date, Date and Lessee shall pay rent from its expiration 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 Premises ready for occupancy on or before the Commencement Date.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises Property to Lessee Tenant on said date, Lessor the Commencement Date. Landlord's non- delivery of the Property to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease except that the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until Landlord delivers possession of the Premises is tendered Property, to Lessee; provided, however, that if Lessor Tenant and the Lease Term shall not have delivered be extended for a period equal to the delay in delivery of possession of the Premises Property to Tenant, plus the number of days necessary to end the Lease Term on the last day of a month. If Landlord does not deliver possession of the Property, to Tenant within forty-five (45) ninety (90) days from after the Commencement Date and such delay is absent of force majeure or otherwiseDate, Lessee may, at Lessee’s option, Tenant may elect to cancel this Lease by giving written notice in writing to Lessor Landlord within ten (10) days thereafter, cancel this Lease, in which event after 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 forty-five (45) ninety (90) days from day period ends. If Tenant gives such notice, the Lease shall be canceled and neither Landlord nor Tenant shall have any further obligations to the other. If Tenant does not give such notice, Tenant's right to cancel the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Properly to Tenant. If delivery of possession of the Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the actual Commencement Date, Lessor or Lessee may, at their respective options, by notice in writing within ten (10) days thereafter, cancel this Date and expiration date of the Lease. In Failure to execute such amendment shall not affect the event Lessor is required to improve actual Commencement Date and expiration date of 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 Premises ready for occupancy on or before the Commencement DateLease. Section 2.03.

Delay in Commencement. Notwithstanding the Commencement Date, if for any reason Lessor canLandlord shall not be liable to Tenant it Landlord does not deliver possession of the Premises Property to Lessee Tenant on said date, Lessor the Commencement Date. Landlord's non-delivery of the Property to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease except that the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until Landlord delivers possession of the Premises is tendered Property to Lessee; provided, however, that if Lessor Tenant and the Lease Term shall not have delivered be extended for a period equal to the delay in delivery of possession of the Premises Property to Tenants, plus the number of days necessary to end the Lease Term on the last day of a month. If Landlord does not deliver possession of the Property to Tenant within ninety sixty (9060) days from after the Commencement Date and such delay is absent of force majeure or otherwiseDate, Lessee may, at Lessee’s option, Tenant may elect to cancel this Lease by giving written notice in writing to Lessor Landlord within ten (10) days thereafterafter the sixty (60) -day period ends. It Tenant gives such notice, cancel this Lease, in which event the parties Lease shall be discharged from all canceled and neither Landlord nor Tenant shall have any further obligations hereunderto the other. It Tenant does not give such notice, Tenant's right to cancel the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Property to Tenant. If Lessee occupies delivery of possession of the Premises prior Property to Tenant is delayed. Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the actual Commencement Date, Date and expiration date of the Lease. Failure to execute such occupancy shall be subject to all provisions hereof; such occupancy amendment shall not advance affect the Expiration Date, actual Commencement Date and Lessee shall pay rent from its expiration 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 Premises ready for occupancy on or before the Commencement Date.see "First Lease Rider" Item 7,

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises Property to Lessee Tenant on said date, Lessor the Commencement Date. Landlord's non-delivery of the Property to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease except that the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until Landlord delivers possession of the Premises is tendered Property to Lessee; provided, however, that if Lessor Tenant and the Lease Term shall not have delivered be extended for a period equal to the delay in delivery of possession of the Premises Property to Tenant, plus the number of days necessary to end the Lease Term on the last day of a month. If Landlord does not deliver possession of the Property to Tenant within ninety sixty (9060) days from after the Commencement Date and such delay is absent of force majeure or otherwiseDate, Lessee may, at Lessee’s option, Tenant may elect to cancel this Lease by giving written notice in writing to Lessor Landlord within ten (10) days thereafterafter the sixty (60) day period ends. If Tenant gives such notice, cancel this Lease, in which event the parties Lease shall be discharged from all cancelled and neither Landlord nor Tenant shall have any further obligations hereunderto the other. If Lessee occupies Tenant does not give such notice, Tenant's right to cancel the Premises prior Lease shall expire and the Lease Xxxx shall commence upon the delivery of possession of the Property to Tenant. If delivery of possession of the Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the actual Commencement Date, Date and expiration date of the Lease. Failure to execute such occupancy shall be subject to all provisions hereof; such occupancy amendment shall not advance affect the Expiration Date, actual Commencement Date and Lessee shall pay rent from its expiration 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 Premises ready for occupancy on or before the Commencement Date.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises Property to Lessee Tenant on said date, Lessor the Commencement Date. Landlord's non-delivery of the Property to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease except that the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until Landlord delivers possession of the Premises is tendered Property to Lessee; provided, however, that if Lessor Tenant and the Lease Term shall not have delivered be extended for a period equal to the delay in delivery of possession of the Premises Property to Tenant, plus the number of days necessary to end the Lease Term on the last day of a month. If Landlord does not deliver possession of the Property to Tenant within ninety sixty (9060) days from after the Commencement Date and such delay is absent of force majeure or otherwiseDate, Lessee may, at Lessee’s option, Tenant may elect to cancel this Lease by giving written notice in writing to Lessor Landlord within ten (10) days thereafterafter the sixty (60)-day period ends. It Tenant gives such notice, cancel this Lease, in which event the parties Lease shall be discharged from all canceled and neither Landlord nor Tenant shall have any further obligations hereunderto the other. If Lessee occupies Tenant does not give such notice, Tenant's right to cancel the Premises prior Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Property to Tenant. If delivery of possession of the Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the actual Commencement Date, Date and expiration date of the Lease. Failure to execute such occupancy shall be subject to all provisions hereof; such occupancy amendment shall not advance affect the Expiration Date, actual Commencement Date and Lessee shall pay rent from its expiration 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 Premises ready for occupancy on or before the Commencement Date.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises Property or any portion thereof ("Nondelivered Property") to Lessee Tenant on said date, Lessor the Commencement Date. Landlord's non-delivery of the Property to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant for the other portions of the Property under this 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 Lease Term hereof, but for the entire Property (including the Nondelivered Property) shall be extended for a period equal to the delay in such case Lessee shall not be obligated to pay rent until delivery of possession of the Premises is tendered Nondelivered Property to Lessee; providedTenant, however, that if Lessor shall not have delivered plus the number of days necessary to end the Lease Term on the last day of a month. If delivery of possession of any portion of the Premises within ninety (90) days from Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the actual Commencement Date and such delay is absent of force majeure or otherwise, Lessee may, at Lessee’s option, by notice in writing to Lessor within ten (10) days thereafter, 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 expiration 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 Failure to execute such amendment shall not affect the event Lessor actual Commencement Date and expiration date of this Lease. Tenant may occupy and pay rent on Xxxx X-0 xxxxx Xxxx X-0 is required substantially completed for Tenant to improve occupy. Upon the Premises Landlord's substantial completion of Unit B-3, the Tenant will immediately vacate Xxxx X-0 xxx xxxxx Xxxx X-0 in the manner described on Exhibit “B” attached hereto (condition required under the “Lessor’s Work”)Old Lease, Lessor agrees 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 use reasonable diligence deliver Xxxx X-0 to have Lessor’s Work the Tenant in substantially completed and the Premises ready for occupancy condition on or before November 1, 2008, then the Commencement DateTenant or the Landlord may elect to terminate this Lease by providing written notice to the other person on or before November 20, 2008.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises Property to Lessee Tenant on said date, Lessor the Commencement Date. Landlord's non-delivery of the Property to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease except that the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until Landlord delivers possession of the Premises is tendered Property to Lessee; provided, however, that if Lessor Tenant and the Lease Term shall not have delivered be extended for a period equal to the delay in delivery of possession of the Premises Property to Tenant, plus the number of days necessary to end the Lease Term on the lastday of a month. If Landlord does not deliver possession of the Property to Tenant within ninety sixty (9060) days from after the Commencement Date and such delay is absent of force majeure or otherwiseDate, Lessee may, at Lessee’s option, Tenant may elect to cancel this Lease by giving written notice in writing to Lessor Landlord within ten (10) days thereafterafter the sixty (60)day period ends. If Tenant gives such notice, cancel this Lease, in which event the parties Lease shall be discharged from all cancelled and neither Landlord nor Tenant shall have any further obligations hereunderto the other. If Lessee occupies Tenant does not give such notice, Xxxxxx's right to cancel the Premises prior Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Property to tenant. If delivery of possession of the Property to Tenant is delayed Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the actual Commencement Date, Date and expiration date of the Lease. Failure to execute such occupancy shall be subject to all provisions hereof; such occupancy amendment shall not advance affect the Expiration Date, actual Commencement Date and Lessee shall pay rent from its expiration 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 Premises ready for occupancy on or before the Commencement Date.

Delay in Commencement. Notwithstanding Tenant acknowledges that the Commencement DateProperty 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 for any reason Lessor canLandlord does not deliver possession of the Premises Property to Lessee Tenant on said date, Lessor the Commencement Date. Xxxxxxxx's non-delivery of the Property to Tenant on the Commencement Date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease except that the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until Landlord delivers possession of the Premises is tendered Property to LesseeTenant and the Lease Term shall be extended for a period equal to the delay in delivery of possession of the Property to Tenant, plus the number of days necessary to end the Lease Term on the last day of a month. Notwithstanding the foregoing, if Xxxxxxxx does not deliver possession of the Property to Tenant by March 1, 2001, Tenant may elect to cancel this Lease by giving written notice to Landlord by March 20, 2001. If Tenant gives such notice, this Lease shall be canceled and neither Landlord nor Tenant shall have any further obligations to the other; provided, however, that if Lessor Landlord shall return the Security Deposit to Tenant not have delivered more than thirty (30) days after receipt of Tenant's written termination notice. If Tenant does not give such notice, Xxxxxx's right to cancel this Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Premises within ninety (90) days from Property to Tenant. If delivery of possession of the Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the actual Commencement Date and such delay is absent of force majeure or otherwise, Lessee may, at Lessee’s option, by notice in writing to Lessor within ten (10) days thereafter, 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 expiration 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 Failure to execute such amendment shall not affect 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 actual Commencement Date and the Premises ready for occupancy on or before the Commencement Dateexpiration date of this Lease.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises Property to Lessee Tenant on said datethe Commencement Date; however, Lessor the Commencement Date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend the Term hereof, but in such case Lessee shall not be obligated to pay rent delayed until Landlord delivers possession of the Premises is tendered Property to Lessee; providedTenant and the Lease Term shall be extended for a period equal to the delay in delivery of possession of the Property to Tenant. In addition, howeverTenant will receive a credit equal to one day of Base Rent for each day after February 1, that if Lessor shall not have 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 Premises Property as required herein. If Landlord does not deliver complete possession to all of the Property to Tenant within ninety sixty (9060) days from after the Commencement Date Date, Tenant may give notice of intent to cancel this Lease by giving written notice to Landlord. If Tenant gives such notice and such delay is absent of force majeure or otherwise, Lessee may, at Lessee’s option, by notice in writing the Landlord does not deliver possession to Lessor Tenant within ten (10) days thereafter, of Landlord’s receipt of Tenant’s notice of intent to cancel this Lease, in which event the parties shall be discharged from all obligations hereunderthen for a period of not more than thirty (30) days thereafter, Tenant may cancel this Lease upon notice to Landlord. If Lessee occupies Tenant does not cancel this Lease within such period, then Tenant may invoke this provision again at any time after the Premises prior to the Commencement Date, expiration of 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, thirty (30) day period 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 giving another ten (10) day notice of intent to cancel. Upon any cancellation under this section, the Lease shall be canceled and neither Landlord nor Tenant shall have any further obligations to the other, except for the return of any deposit by Tenant. Within thirty (30) days thereafterafter Landlord has delivered possession of the Property to Tenant as required hereunder, cancel this Lease. In the event Lessor is required to improve the Premises Landlord and Tenant shall execute a document in the manner described on form attached as Exhibit “B” attached hereto (the “Lessor’s Work”), Lessor agrees to use reasonable diligence to have Lessor’s Work completed and the Premises ready for occupancy on or before B confirming the Commencement DateDate and other pertinent dates.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises Property to Lessee Tenant on said date, Lessor the first date specified in Section 1.05 above. Landlord's non-delivery of the Property to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease. However, the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until possession of the Premises Property is tendered delivered to Lessee; provided, however, that if Lessor Tenant. The Lease Term shall not have delivered be extended for a period equal to the delay in delivery of possession of the Premises Property to Tenant, plus the number of days necessary to end the Lease Term on the last day of a month. If Landlord does not deliver possession of the Property to Tenant within ninety sixty (9060) days from after the Commencement Date and such delay is absent of force majeure or otherwisefirst date specified in Section 1.05 above, Lessee may, at Lessee’s option, Tenant may elect to cancel this Lease by giving written notice in writing to Lessor Landlord within ten (10) days thereafterafter the 60-day period ends. If Tenant gives such notice, cancel this Lease, in which event the parties Lease shall be discharged from all obligations hereundercancelled effective as of the date of its execution, and no party hereto shall have any obligations, one to the other. If Lessee occupies Tenant does not give such notice, Tenant's right to cancel the Premises prior Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Property to Tenant. If delivery of possession of the Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the Commencement Date, such occupancy shall be subject to all provisions hereof; such occupancy shall not advance the Expiration Date, Date and Lessee shall pay rent from its expiration 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 Premises ready for occupancy on or before the Commencement Date.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises Property to Lessee Tenant on said date, Lessor the Commencement Date. Landlord’s non-delivery of the Property to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease except that the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until Landlord delivers possession of the Premises is tendered Property to Lessee; provided, however, that if Lessor Tenant and the Lease Term shall not have delivered be extended for a period equal to the delay in delivery of possession of the Premises Property to Tenant, plus the number of days necessary to end the Lease Term on the last day of a month. If Landlord does not deliver possession of the Property to Tenant within ninety sixty (9060) days from after the Commencement Date and such delay is absent of force majeure or otherwiseDate, Lessee may, at Lessee’s option, Tenant may elect to cancel this Lease by giving written notice in writing to Lessor Landlord within ten (10) days thereafterafter the sixty (60) -day period ends. If Tenant gives such notice, cancel this Lease, in which event the parties Lease shall be discharged from all cancelled and neither Landlord nor Tenant shall have any further obligations hereunderto the other. If Lessee occupies Tenant does not give such notice, Xxxxxx’s right to cancel the Premises prior Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Property to Tenant. If delivery of possession of the Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the actual Commencement Date, Date and expiration date of the Lease. Failure to execute such occupancy shall be subject to all provisions hereof; such occupancy amendment shall not advance affect the Expiration Date, actual Commencement Date and Lessee shall pay rent from its expiration 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 Premises ready for occupancy on or before the Commencement Date.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises Property to Lessee Tenant on said date, Lessor the first day specified in Section 1.05 above. Landlord's non-delivery of the Property to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease. However, the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until possession of the Premises Property is tendered delivered to Lessee; provided, however, that if Lessor Tenant. The Lease Term shall not have delivered be extended for a period equal to the delay in delivery of possession of the Premises Property to Tenant, plus the number of days necessary to end the Lease Term on the last day of a month. If landlord does not deliver possession of the Property to Tenant within ninety sixty (9060) days from after the first date specified in Section 1.05 above, Tenant may elect to cancel this Lease by giving written notice to Landlord within ten (IO) days after the sixty (60) day period ends. If Tenant gives such notice, the Lease shall be cancelled and neither Landlord nor Tenant shall have any further obligations to the other. If Tenant does not give such notice, Tenant's right to cancel the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Property to Tenant. If delivery of possession of the Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute and amendment to this Lease setting forth the Commencement Date and such delay is absent of force majeure or otherwise, Lessee may, at Lessee’s option, by notice in writing to Lessor within ten (10) days thereafter, 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 expiration 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 Premises ready for occupancy on or before the Commencement Date.

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 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 the Commencement Datesaid commencement date, if for any reason Lessor Landlord cannot deliver possession of the Temporary Premises to Lessee Tenant on said date, Lessor Landlord shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee Tenant hereunder or extend the Term term hereof, but in such case Lessee Tenant shall not be obligated to pay any rent until possession of the Temporary Premises is tendered to Tenant; provided, however, that if Landlord shall not have delivered possession of the Temporary Premises within ninety (90) days from said commencement 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. 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 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 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 Premises to Tenant on 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 LesseeTenant; provided, however, that if Lessor Landlord shall not have delivered possession of the Premises within ninety (90) days from the Commencement Date and such delay is absent of force majeure or otherwisesaid Delivery Date, Lessee Tenant may, at Lessee’s Tenant's option, by notice in writing to Lessor Landlord within ten (10) days thereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder. If Lessee Tenant occupies the Premises prior to the Commencement said Delivery Date, such occupancy shall be subject to all provisions hereof; , such occupancy shall not advance the Expiration Datetermination date, and Lessee Tenant shall pay rent from its date of occupancy for such period at the initial monthly rates set forth below. If LessorUpon taking full possession of the Premises, by reason direct payment of force majeure or otherwise, cannot deliver such expenses is 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 Premises ready for occupancy on or before the Commencement Datesole responsibility of Tenant.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Demised Premises to Lessee Tenant on said date, Lessor shall or before the 5th business day after the Effective Date. Landlord’s failure to deliver exclusive possession of all of the Demised Premises to Tenant in compliance with Applicable Laws will not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease. However, the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until possession of the Demised Premises is tendered delivered to Lessee; provided, however, that if Lessor Tenant. The Lease Term shall not have delivered 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 exclusive possession of all of the Demised Premises to Tenant in compliance with all Applicable Laws in all material respects within ninety fifteen (9015) days from after the Commencement Date and such delay is absent of force majeure or otherwiseEffective Date, Lessee may, at Lessee’s option, by notice in writing to Lessor within ten (10) days thereafter, Tenant may cancel this Lease, in which event the parties shall be discharged from all obligations hereunder. If Lessee occupies the Premises prior Lease by giving written notice 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 Premises ready for occupancy Landlord on or before the Possession 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 Lease as a result of such late delivery, and the Lease Term shall commence on the Possession 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 DateDate and Expiration Date of the Lease Term.

Delay in Commencement. Notwithstanding the Commencement Date, if for any reason Lessor cannot If Landlord fails to deliver possession an Area of the Premises with Tenant Improvements substantially complete by the above Commencement Date for the Area, due to Lessee on said datethe fault of the Landlord or due to the occurrence of an event of force majeure, Lessor Landlord shall not be subject to any liability thereforconsidered in default of this Lease, nor but the Commencement Date for the Area shall be deferred until the Premises are so delivered. If such failure affect of delivery for an Area extends thirty (30) days or more beyond the validity of this Lease or Commencement Date for the obligations of Lessee hereunder or extend the Term hereofArea, but 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 such case Lessee shall not be obligated addition to pay rent until possession deferral of the Premises is tendered to Lessee; providedCommencement Date as provided above. If such delay, howeverfor the fourth floor Area only, that if Lessor shall not have delivered possession of the Premises within extends beyond ninety (90) days from the Commencement Date and such delay is absent of force majeure or otherwise, Lessee may, at Lessee’s option, by notice in writing to Lessor within ten (10) days thereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder. If Lessee occupies the Premises prior to after the Commencement Date, Tenant may terminate this Lease by 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 thirty (30) days after such occupancy shall notice (in which case such termination notice will be subject to all provisions hereof; such occupancy deemed rescinded). The foregoing rent credit and termination rights shall not advance apply to the Expiration Date, and Lessee extent the delay in delivery results from Tenant Delay. "Tenant Delay" 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 mean delays for which Tenant is responsible pursuant to this Lease. In If the event Lessor is required Tenant Improvements are not completed on the Commencement Date for an Area due to improve (i) the Premises 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 manner described on Exhibit “B” attached hereto Basic Lease Information; or (ii) any changes in the “Lessor’s Work”)Tenant Improvements requested by Tenant, Lessor agrees to use reasonable diligence to have Lessor’s Work completed such shall be considered causes of Tenant Delay and the Premises ready Commencement Date for occupancy on or before the Commencement DateArea shall be the date specified in the Basic Lease Information.

Delay in Commencement. Notwithstanding the Commencement Date, Lessor shall not be liable to Lessee if for any reason Lessor candoes not deliver possession of the Premises Property to Lessee on said date, Lessor the Commencement Date. Lessxx'x xon-delivery of the Property to Lessee on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend under this Lease, except that the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until Lessor delivers possession of the Premises is tendered Property to Lessee; provided, however, that if Lessor and the Lease Term shall not have delivered be extended for a period equal to the delay In delivery of possession of the Premises Property to Lessee, plus the number of days necessary to end the Lease Term on the last day of a month. If Lessor does not deliver possession of the Property to Lessee within ninety fifteen (9015) days from after the Commencement Date and such delay is absent of force majeure or otherwiseDate, Lessee may, at Lessee’s option, may elect to cancel this Lease by giving written notice in writing to Lessor within ten (10) days thereafterafter the fifteen (15) day period ends. If Lessee gives such notice, the Lease shall be canceled and neither Lessor nor Lessee shall have any further obligations to the other. If Lessee does not give such notice, Lessxx'x xight to cancel the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Property to Lessee. If delivery of possession of the Property to Lessee is delayed, Lessor and Lessee shall, upon such delivery, execute an amendment to this Lease, in which event setting forth the parties shall be discharged from all obligations hereunderactual Commencement Date and expiration date of the Lease. If Lessee occupies the Premises prior Failure to the Commencement Date, execute such occupancy shall be subject to all provisions hereof; such occupancy amendment shall not advance affect the Expiration Date, actual Commencement Date and Lessee shall pay rent from its expiration 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 Premises ready for occupancy on or before the Commencement Date.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises to Lessee Tenant on said date, Lessor the Commencement Date. Landlord's non-delivery of the Premises to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease except that the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until Landlord delivers possession of the Premises is tendered to Lessee; provided, however, that if Lessor Tenant and the Lease Term shall not have delivered be extended for a period equal to the delay in delivery of possession of the Premises to Tenant, plus the number: of days necessary to end the Lease Term on the last day of a month. If Landlord does not deliver possession of the Premises to Tenant within ninety sixty (9060) days from after the Commencement Date and such delay is absent of force majeure or otherwiseDate, Lessee may, at Lessee’s option, Tenant may elect to cancel this Lease by giving written notice in writing to Lessor Landlord within ten (10) days thereafterafter the sixty (60)-day period ends. If Tenant gives such notice, cancel this Lease, in which event the parties Lease shall be discharged from all canceled and neither Landlord nor Tenant shall have any further obligations hereunderto the other. If Lessee occupies Tenant does not give such notice, Tenant's right to cancel the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Premises prior to Tenant. If delivery of possession of the Premises to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the actual Commencement Date, Date and expiration date of the Lease. Failure to execute such occupancy shall be subject to all provisions hereof; such occupancy amendment shall not advance affect the Expiration Date, actual Commencement Date and Lessee shall pay rent from its expiration 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 Premises ready for occupancy on or before the Commencement Date.

Delay in Commencement. Notwithstanding the Commencement Date, if for any reason Lessor cannot deliver possession of the Expansion Premises to Lessee on said date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend the Term hereof, but in such case case, Lessee will continue to occupy the Premises, excluding the Expansion Premises, under the current lease provisions, Lessee shall not be obligated to pay rent until possession of the Expansion Premises is tendered to Lessee; provided, however, that if Lessor shall not have delivered possession of the Expansion Premises within ninety one hundred twenty (90120) days from the Commencement Date and such delay is absent of force majeure or otherwise, Lessee may, at Lessee’s option, by notice in writing to Lessor within ten (10) days thereafter, cancel this Lease, in which event the parties shall continue to operate under the terms of the current leases for the Premises except the Expansion Premises, and shall be discharged from all obligations hereunderhereunder with reference to the Expansion Premises. If Lessee occupies the Expansion Premises prior to the Commencement Date, such occupancy shall be subject to all provisions hereof; such occupancy hereof and shall not advance be at no cost to the Expiration Date, and Lessee shall pay rent from its date of occupancy at the initial monthly rates set forth belowLessee. If Lessor, by reason of force majeure or otherwise, cannot deliver the 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 be done to the Expansion Premises is not 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 in the manner as described on Exhibit “B” attached hereto (the “Lessor’s Work”)hereto, Lessor Xxxxxx agrees to use reasonable diligence to have Lessor’s Work completed and complete the Premises ready for occupancy on or before improvements to the Commencement DateExpansion Premises.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Demised Premises to Lessee Tenant on said date, Lessor shall 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 be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease. However, the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until possession of the Demised Premises is tendered delivered to Lessee; provided, however, that if Lessor Tenant. The Lease Term shall not have delivered 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 ninety sixty (9060) days from after the Commencement Date and such delay is absent of force majeure or otherwisespecified in Section 1.05, Lessee may, at Lessee’s option, Tenant may cancel this Lease by giving written notice in writing to Lessor Landlord within ten (10) days thereafterafter 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 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, in which event and the parties Lease Term shall be discharged from all obligations hereundercommence upon the delivery of possession of the Demised Premises to Tenant. If Lessee occupies delivery of possession of the Demised Premises prior to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised Commencement Date of the Lease Term. except that the Landlord shall return the first months rent 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 Premises ready for occupancy on or before the Commencement DateTenant per 3.02.

Delay in Commencement. Notwithstanding the Commencement DateLandlord shall not be liable subject to Exhibit H, Paragraph 5, to Tenant if for any reason Lessor canLandlord does not deliver possession of the Demised Premises to Lessee Tenant on said date, Lessor the first date specified in Section 1.05 above. Landlord's nondelivery of possession of the Demised Premises to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease. However, the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until possession of the Demised Premises is tendered delivered to Lessee; provided, however, that if Lessor Tenant. The Lease Term shall not have delivered 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 Tenant gives such notice, the Lease shall be canceled effective as of the date of its execution, and no party hereto shall have any obligations, one to the other. If Tenant does not give such notice within ninety (90) days from the time specified, Tenant shall have no right to cancel 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 Commencement Date and such delay is absent of force majeure or otherwise, Lessee may, at Lessee’s option, by notice in writing to Lessor within ten (10) days thereafter, 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 expiration 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 Premises ready for occupancy on or before the Commencement DateLease Term.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises Property to Lessee Tenant on said date, Lessor the Estimated Substantial Completion Date with the Building Shell Improvements Substantially Completed. Landlord’s non-delivery of the Property to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease, except that (a) Tenant shall be entitled to receive one (1) day of Base Rent abatement for each day of delay beyond the Term hereof, but in such case Lessee shall not be obligated to pay rent until possession Estimated Substantial Completion Date and two (2) days of the Premises is tendered to Lessee; provided, however, that if Lessor shall not have delivered possession Base Rent abatement for each day of the Premises within delay beyond ninety (90) days from 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 one hundred eighty (180) days following Landlord’s delivery of possession of the Property to Tenant following such Substantial Completion of the Building Shell Improvements (unless such delay is the result of a Tenant Delay). Subject to any Tenant Delay or Force Majeure delay, if Landlord does not deliver possession of the Property to Tenant within one hundred eighty (180) days after the Estimated Substantial Completion Date, Tenant may elect to cancel and terminate this Lease by giving written notice to Landlord within fifteen (15) days after the one hundred eighty (180)-day period ends. If Tenant gives such notice, this Lease shall be canceled and terminated, and neither Landlord nor Tenant shall have any further obligations 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, Tenant’s right to cancel and terminate this Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Property to Tenant following Substantial Completion of the Building 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 actual Lease Commencement Date and such delay is absent of force majeure or otherwiseLease Expiration Date, Lessee may, at Lessee’s option, by notice substantially in writing the form attached as Exhibit “E” to Lessor within ten (10) days thereafter, cancel this Lease, in which event Tenant shall execute and return to Landlord within five (5) days after receipt from Landlord. Failure to execute such amendment shall not affect the parties actual Lease Commencement Date and Lease Expiration Date. The failure of Tenant to take possession of or to occupy the Property shall be discharged from all not serve to relieve Tenant of any obligations hereunder. If Lessee occupies arising on the Premises prior to the Lease Commencement Date, such occupancy shall be subject to all provisions hereof; such occupancy and shall not advance delay the Expiration Date, and Lessee shall pay payment of 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 Premises ready for occupancy on or before the Commencement DateTenant.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises Property to Lessee Tenant on said date, Lessor the Commencement Date. Landlord's nondelivery of the Property to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease except that the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until Landlord delivers possession of the Premises is tendered Property to Lessee; provided, however, that if Lessor Tenant and the Lease Term shall not have delivered be extended for a period equal to the delay in delivery of possession of the Premises Property to Tenant, plus the number of days necessary to end the Lease Term on the last day of a month. If Landlord does not deliver possession of the Property to Tenant within ninety sixty (9060) days from after the Commencement Date and such delay is absent of force majeure or otherwiseDate, Lessee may, at Lessee’s option, Tenant may elect to cancel this Lease by giving written notice in writing to Lessor Landlord within ten (10) days thereafterafter the sixty (60)-day period ends. If Tenant gives such notice, cancel this Lease, in which event the parties Lease shall be discharged from all cancelled and neither Landlord nor Tenant shall have any further obligations hereunderto the other. If Lessee occupies Tenant does not give such notice, Xxxxxx's right to cancel the Premises prior Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Property to Tenant. If delivery of possession of the Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute such amendment to this Lease setting forth the actual Commencement Date, Date and expiration date of the Lease. Failure to execute such occupancy shall be subject to all provisions hereof; such occupancy amendment shall not advance affect the Expiration Date, actual Commencement Date and Lessee shall pay rent from its expiration 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 For the event Lessor purpose of this section only, September 1, 1995 is required to improve defined as 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 Premises ready for occupancy on or before the Commencement Datecommencement date.

Delay in Commencement. Notwithstanding the scheduled Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee on said date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend the Term hereofhereunder, but in such case Lessee shall not be obligated to pay rent Rent until possession of the Premises is tendered to LesseeLessee and the Commencement Date has occurred; provided, however, that if Lessor shall not have delivered possession of the Premises within ninety (90) 90 days from the scheduled Commencement Date and such delay is absent of force majeure or otherwiseForce Majeure (as defined in Section 26), Lessee may, at Lessee’s option, by notice in writing to Lessor within ten (10) 10 business days thereafter, 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 otherwiseForce Majeure, cannot deliver the Premises within ninety (90) 120 days from the scheduled Commencement Date, Lessor or Lessee may, at their respective options, by notice in writing within ten (10) 10 business days thereafter, cancel this Lease. In Subject to the terms of this Section 3.2, in the event Lessor is required unable to improve deliver possession of the Premises in to Lessee on 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 Premises ready for occupancy on or before the scheduled Commencement Date, the scheduled Commencement Date shall be extended on a day for day basis until possession is delivered to Lessee, and such extended Commencement Date shall thereupon become the actual Commencement Date. Promptly after the actual Commencement Date has occurred, the parties shall execute a certificate memorializing such dates.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises Property to Lessee Tenant on said date, Lessor the Commencement Date. Xxxxxxxx’s non-delivery of the Property to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease except that the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until Landlord delivers possession of the Premises is tendered Property to Lessee; providedTenant, however, that if Lessor shall plus the number of days necessary to end the Lease Term on the last day of a month. If Landlord does not have delivered deliver possession of the Premises Property to Tenant within ninety sixty (9060) days from after the Commencement Date and such delay is absent of force majeure or otherwiseDate, Lessee may, at Lessee’s option, Tenant may elect to cancel this Lese by giving written notice in writing to Lessor Landlord within ten (10) days thereafterafter the sixty (60)-day period ends. If Tenant gives such notice, cancel this Lease, in which event the parties Lease shall be discharged from all canceled and neither Landlord not Tenant shall have any further obligations hereunderto the other. If Lessee occupies Tenant does not give such notice, Xxxxxx’s right to cancel the Premises prior Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Property to Tenant. If delivery of possession of the Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the actual Commencement Date, Date and expiration of the Lease. Failure to execute such occupancy shall be subject to all provisions hereof; such occupancy amendment shall not advance affect the Expiration Date, actual Commencement Date and Lessee shall pay rent from its expiration 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 Premises ready for occupancy on or before the Commencement Date.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises Property to Lessee Tenant on said date, Lessor the Commencement Date. Landlord's non-delivery of the Property to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease except that the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until Landlord delivers possession of the Premises is tendered Property to Lessee; provided, however, that if Lessor Tenant and the Lease Term shall not have delivered be extended for a period equal to the delay in delivery of possession of the Premises Property to Tenant, plus the number of days necessary to end the Lease Term 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 Property to Tenant within ninety Ninety (90) days after August 1, 2002, subject to delays resulting from the Commencement Date and such delay is absent of force majeure or otherwiseas provided in Section 13.12, Lessee may, at Lessee’s option, Tenant may elect to cancel this Lease by giving written notice in writing to Lessor Landlord within ten (10) days thereafter, cancel this Lease, in which event after 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 day period ends. If Tenant does not give such notice, Tenant's right to cancel the Lease shall expire and the Lease Term shall commence upon delivery of possession of the Property to Tenant. If delivery of possession of the Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the actual Commencement Date, Lessor or Lessee may, at their respective options, by notice in writing within ten (10) days thereafter, cancel this Date and expiration date of the Lease. In Failure to execute such amendment shall not affect the event Lessor is required to improve actual Commencement Date and expiration date of 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 Premises ready for occupancy on or before the Commencement DateLease.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises Property to Lessee Tenant on said date, Lessor the Commencement Date. Landlord's non-delivery of the Property to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease except that the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until Landlord delivers possession of the Premises is tendered Property to Lessee; provided, however, that if Lessor Tenant and the Lease Term shall not have delivered be extended for a period equal to the delay in delivery of possession of the Premises Property to Tenant, plus the number of days necessary to end the Lease Term on the last day of a month. If Landlord does not deliver possession of the Property to Tenant within ninety sixty (9060) days from after the Commencement Date and such delay is absent of force majeure or otherwiseDate, Lessee may, at Lessee’s option, Tenant may elect to cancel this Lease by giving written notice in writing to Lessor Landlord within ten (10) days thereafterafter the sixty (60)-day period ends. If Tenant gives such notice, cancel this Lease, in which event the parties Lease shall be discharged from all cancelled and neither Landlord nor Tenant shall have any further obligations hereunderto the other. If Lessee occupies Tenant does not give such notice, Tenaxx'x xight to cancel the Premises prior Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Property to Tenant. If delivery of possession of the Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the actual Commencement Date, Date and expiration date of the Lease. Failure to execute such occupancy shall be subject to all provisions hereof; such occupancy amendment shall not advance affect the Expiration Date, actual Commencement Date and Lessee shall pay rent from its expiration 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 Premises ready for occupancy on or before the Commencement Date.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Demised Premises to Lessee Tenant on said date, Lessor the first date specified in Section 1.05 above. Landlord's nondelivery of possession of the Demised Premises to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease. However, the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until possession of the Demised Premises is tendered delivered to Lessee; provided, however, that if Lessor Tenant. The Lease Term shall not have delivered 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 ninety thirty (9030) days from after the Commencement Date and such delay is absent of force majeure or otherwisefirst date specified in Section 1.05 above, Lessee may, at Lessee’s option, Tenant may elect to cancel this Lease by giving written notice in writing to Lessor Landlord within ten (10) days thereafterafter the thirty (30) day period ends. If Tenant gives such notice, cancel this Lease, in which event the parties Lease shall be discharged from all obligations hereundercanceled effective as of the date of its execution, and no party hereto shall have any obligations, one to the other. If Lessee occupies delivery of possession of the Demised Premises prior to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the Commencement Date, such occupancy shall be subject to all provisions hereof; such occupancy shall not advance the Expiration Date, Date and Lessee shall pay rent from its expiration 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 Premises ready for occupancy on or before the Commencement DateLease Term.

Delay in Commencement. Notwithstanding If Landlord is unable to deliver the Premises on the Commencement Date, if for any reason Lessor cannot deliver possession of such date will be postponed to the Premises to Lessee on said date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend the Term hereof, but in such case Lessee shall not be obligated to pay rent until date possession of the Premises is tendered delivered to LesseeTenant (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 Lessor 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 not have delivered possession be the right to terminate the Lease upon written notice to the Landlord of such termination prior to Landlord’s delivery of the Premises within ninety (90) days from to Tenant, and in such event, the Landlord shall return the Security Deposit to Tenant 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 and such delay is absent of force majeure or otherwise, Lessee may, at Lessee’s option, by notice in writing to Lessor within ten (10) days thereafter, cancel the New Commencement Date shall be the Commencement Date for all purposes under 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 Premises ready for occupancy on or before the Commencement Date.

Delay in Commencement. Notwithstanding Landlord shall not be liable to Tenant if Landlord does not deliver, possession of the Property to Tenant on the Commencement Date, if for any reason Lessor cannot deliver possession . Xxxxxxxx's non-delivery of the Premises Property to Lessee Tenant on said date, Lessor that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease except that the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until Landlord delivers possession of the Premises is tendered Property to Lessee; provided, however, that if Lessor Tenant and the Lease Term shall not have delivered be extended for a period of time equal to the delay in delivery of possession of the Premises Property to Tenant, plus the number of days1necessary to end the Lease Term on the last day of a month. If Landlord does not deliver possession of the Property to Tenant within ninety sixty (9060) days from after the Commencement Date and such delay is absent of force majeure or otherwiseDate, Lessee may, at Lessee’s option, Tenant may elect to cancel this Lease by giving written notice in writing to Lessor within Landlord Within ten (10) days thereafterafter the sixty (60) day period ends. If Tenant gives such notice, cancel this Lease, in which event the parties Lease shall be discharged from all canceled and neither Landlord nor Tenant shall have any further obligations hereunderto the other. If Lessee occupies Tenant does not give such notice, Xxxxxx's rights to cancel the Premises prior Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Property to Tenant. If delivery of possession of the Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the actual Commencement Date, Date and expiration date of the Lease. Failure to execute such occupancy shall be subject to all provisions hereof; such occupancy amendment shall not advance affect the Expiration Date, actual Commencement date and Lessee shall pay rent from its expiration 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 Premises ready for occupancy on or before the Commencement Date.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises Property to Lessee Tenant on said date, Lessor the Commencement Date. Landlord's non-delivery of the Property to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease except that the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until Landlord delivers possession of the Premises is tendered Property to Lessee; provided, however, that if Lessor Tenant and the Lease Term shall not have delivered be extended for a period equal to the delay in delivery of possession of the Premises Property to Tenant, plus the number of days necessary to end the Lease Term on the last day of a month. If Landlord does not deliver possession of the Property to Tenant within ninety sixty (9060) days from after the Commencement Date and such delay is absent of force majeure or otherwiseDate, Lessee may, at Lessee’s option, Tenant may elect to cancel this Lease by giving written notice in writing to Lessor Landlord within ten (10) days thereafterafter the sixty (60) day period ends. If Tenant gives such notice, cancel this Lease, in which event the parties Lease shall be discharged from all cancelled and neither Landlord or Tenant shall have any further obligations hereunderto the other. If Lessee occupies Tenant does not give such notice, Xxxxxx's right to cancel the Premises prior Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Property to Tenant. If delivery of possession of the Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the actual Commencement Date, Date and expiration date of the Lease. Failure to execute such occupancy shall be subject to all provisions hereof; such occupancy amendment shall not advance affect the Expiration Date, actual Commencement Date and Lessee shall pay rent from its expiration 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 Premises ready for occupancy on or before the Commencement Date.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises Property to Lessee Tenant on said date, Lessor the Commencement Date. Landlord’s non-delivery of the Property to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease except that the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until Landlord delivers possession of the Premises is tendered Property to Lessee; provided, however, that if Lessor Tenant and the Lease Term shall not have delivered be extended for a period equal to the delay in delivery of possession of the Premises Property to Tenant, plus the number of days necessary to end the Lease Term on the last day of a month. If Landlord does not deliver possession of the Property to Tenant within ninety sixty (9060) days from after the Commencement Date and such delay is absent of force majeure or otherwiseDate, Lessee may, at Lessee’s option, Tenant may elect to cancel this Lease by giving written notice in writing to Lessor Landlord within ten (10) days thereafterafter the sixty (60) day period ends. If Tenant gives such notice, cancel this Lease, in which event the parties Lease shall be discharged from all cancelled and neither Landlord nor Tenant shall have any further obligations hereunderto the other. If Lessee occupies Tenant does not give such notice, Tenant’s right to cancel the Premises prior Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Property to Tenant. If delivery of possession of the Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the actual Commencement Date, Date and expiration date of the Lease. Failure to execute such occupancy shall be subject to all provisions hereof; such occupancy amendment shall not advance affect the Expiration Date, actual Commencement Date and Lessee shall pay rent from its expiration 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 Premises ready for occupancy on or before the Commencement Date.

Delay in Commencement. Notwithstanding the Commencement DateUnless due to Landlord’s gross negligence or willful misconduct, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises to Lessee Tenant on said datethe Commencement Date. For purposes of this Lease, Lessor Landlord shall be deemed to have delivered the Premises to Tenant when the 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 in accordance with all applicable Laws. The obligations of Tenant under this Lease shall not be subject to any liability thereforaffected thereby, nor except that the Commencement Date shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend the Term hereof, but in such case Lessee shall not be obligated to pay rent delayed until Landlord delivers possession of the Premises is tendered to Lessee; providedTenant, however, that if Lessor and the Term of this Lease shall not have delivered be extended by a period equal to the number of days of delay in delivery of possession of the Premises within ninety (90) to Tenant, plus the number of days from necessary to end the Term of this Lease on the last day of a month. Notwithstanding the foregoing, if the Commencement Date and such delay is absent of force majeure or otherwise, Lessee may, at Lessee’s option, by notice in writing to Lessor within ten (10) days thereafter, 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 has 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 Premises ready for occupancy occurred on or before the thirty-first (31st) day following full execution and delivery of this Lease (the “Required Delivery Date”), Tenant, as its sole remedy, may terminate this Lease by giving Landlord written notice of termination at any time thereafter until the Commencement Date. In such event, this Lease shall be deemed null and void and of no further force and effect and Landlord shall promptly refund any prepaid rent and Security Deposit previously advanced by Tenant under this Lease and the parties hereto shall have no further responsibilities or obligations to each other with respect to this Lease.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Demised Premises to Lessee Tenant on said date, Lessor the first date specified in Section 1.3 above. Landlord's nondelivery of possession of the Demised Premises to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease. However, the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until possession of the Demised Premises is tendered delivered to Lessee; provided, however, that if Lessor Tenant. The Lease Term shall not have delivered 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 ninety (90) days from after the Commencement Date and such delay is absent of force majeure or otherwiseDate, Lessee may, at Lessee’s option, Tenant may elect to cancel this Lease by giving written notice in writing to Lessor Landlord within ten (10) days thereafter, cancel this Lease, in which event after 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 day period ends. If Tenant gives such notice, the Lease shall be canceled effective as of the date of its execution, and no party hereto shall have any obligations, one to the other. If Tenant does not give such notice within the time specified, Tenant shall have no right to cancel 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 Commencement Date, Lessor or Lessee may, at their respective options, by notice in writing within ten (10) days thereafter, cancel this Lease. In Date and expiration date of 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 Premises ready for occupancy on or before the Commencement DateLease Term.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises Property to Lessee Tenant on said date, Lessor the Estimated Building Shell Substantial Completion Date. Landlord’s non-delivery of the Property to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease, except that (a) if the Term hereofactual Building Shell Substantial Completion Date does not occur by December 1, but in 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 case Lessee date, and (b) the Lease Commencement Date shall not be obligated to pay rent delayed until a date sixty (60) days following Landlord’s delivery of possession of the Premises Property to Tenant (unless such delay is tendered 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 Lessee; provided, however, that if Lessor shall not have delivered the delay in delivery of full possession of the Premises Property to Tenant following Substantial Completion of the Building Shell Improvements, plus the number of days necessary to end the Lease Term on the last day of a month. Subject to any Tenant Delay, if Landlord does not deliver possession of the Property to Tenant within ninety one hundred twenty (90120) days from the Commencement Date after December 1, 2009, Tenant may elect to cancel and such delay is absent of force majeure or otherwise, Lessee may, at Lessee’s option, terminate this Lease by giving written notice in writing to Lessor Landlord within ten (10) days thereafterafter the one hundred twenty (120)-day period ends. If Tenant gives such notice, this Lease shall be canceled and terminated, and neither Landlord nor Tenant shall have any further obligations 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, Xxxxxx’s right to cancel and terminate this Lease shall expire and the Lease Term shall commence sixty (60) days following upon the delivery of possession of the Property to Tenant. 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 actual Lease Commencement Date and Lease Expiration Date, substantially in the form attached as Exhibit “E” to this Lease, in which event Tenant shall execute and return to Landlord within five (5) days after receipt from Landlord. Failure to execute such amendment shall not affect the parties actual Lease Commencement Date and Lease Expiration Date. The failure of Tenant to take possession of or to occupy the Property shall be discharged from all not serve to relieve Tenant of any obligations hereunder. If Lessee occupies arising on the Premises prior to the Lease Commencement Date, such occupancy and shall not delay the payment of rent by Tenant. Landlord shall be subject deemed to all provisions hereof; 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 occupancy date. Tenant shall not advance be liable for payment of any Additional Rent until 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 Premises ready for occupancy on or before the Lease Commencement Date.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises Property to Lessee Tenant on said date, Lessor the Commencement Date. Landlord's non-delivery of the Property to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease except that the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until Landlord delivers possession of the Premises is tendered Property to Lessee; provided, however, that if Lessor Tenant and the Lease Term shall not have delivered be extended for a period equal to the delay in delivery of possession of the Premises Property to Tenant, plus the number of days necessary to end the Lease Term on the last day of a month. If Landlord does not deliver possession of the Property to Tenant within ninety sixty (9060) days from after the Commencement Date and such delay is absent of force majeure or otherwiseDate, Lessee may, at Lessee’s option, Tenant may elect to cancel this Lease by giving written notice in writing to Lessor Landlord within ten (10) days thereafterafter the sixty (60) day period ends. If Tenant gives such notice, cancel this Lease, in which event the parties Lease shall be discharged from all cancelled and neither Landlord nor Tenant shall have any further obligations hereunderto the other. If Lessee occupies Tenant does not give such notice, Tenaxx'x xight to cancel the Premises prior Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Property to Tenant. If delivery of possession of the Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the actual Commencement Date, Date and expiration date of the Lease. Failure to execute such occupancy shall be subject to all provisions hereof; such occupancy amendment shall not advance affect the Expiration Date, actual Commencement Date and Lessee shall pay rent from its expiration 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 Premises ready for occupancy on or before the Commencement Date.

Delay in Commencement. Notwithstanding the said Commencement Date, if for any reason Lessor Landlord cannot deliver possession of the Premises to Lessee Tenant on said date, Lessor Landlord shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend the Term hereofTenant hereunder. However, but in such case Lessee Tenant shall not be obligated to pay rent until possession of the Premises is tendered to LesseeTenant, 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 to April 1, 2000, provided the Landlord has a temporary Certificate of Occupancy and further provided that the Landlord has notified the Tenant of Delivery of Possession. Notwithstanding the foregoing, if the Tenant is informed of Delivery of Possession after February 15, 2000 and on or before March 15, 2000, while the Commencement Date shall be delayed to April 1, 2000, the Tenant shall not be entitled to the fifteen (15) days of 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 Commencement Date shall be fifteen (15) days after Tenant is notified of Delivery of Possession, the Tenant shall be entitled to free rent, not to exceed fifteen (15) days, for the number of days from March 16, 2000 to the date the Tenant is notified of Delivery of Possession. Upon Landlord's request, the parties agree to execute in writing an Addendum to certify the 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 parties 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, that if Lessor shall not have delivered possession so long as Landlord has proceeded in good faith and with due diligence to prosecute completion of the Premises within ninety (90) days from the Commencement Date and all work reasonably necessary for occupancy by Tenant, such delay is absent of force majeure or otherwiseMay 1, Lessee may, at Lessee’s option, by notice in writing to Lessor within ten (10) days thereafter, cancel this Lease, in which event the parties 2000 date shall be discharged 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 obligations hereunder. If Lessee occupies the Premises prior Space Plans and Tenant Finish Specifications where directed by Tenant to the Commencement DateLandlord and Landlord's contractor by November 1, 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 Lease1999. In the event Lessor 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 required the intent hereof that both Landlord and Tenant proceed diligently and without unreasonable delay to improve complete construction of the Premises in the manner described on Exhibit “B” attached hereto (the “Lessor’s Work”), Lessor agrees Property and to use reasonable diligence to have Lessor’s Work completed and the Premises ready prepare it for occupancy on or before at the Commencement Dateearliest reasonable time.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises Property to Lessee Tenant on said date, Lessor the Commencement Date. Landlord's non- delivery of the Property to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease except that the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until Landlord delivers possession of the Premises is tendered Property to Lessee; provided, however, that if Lessor Tenant and the Lease Term shall not have delivered be extended for a period equal to the delay in delivery of possession of the Premises Property to Tenant, plus the number of days necessary to end the Lease Term on the last day of a month. If Landlord does not deliver possession of the Property to Tenant within ninety sixty (9060) days from after the Commencement Date and such delay is absent of force majeure or otherwiseDate, Lessee may, at Lessee’s option, Tenant may elect to cancel this Lease by giving written notice in writing to Lessor Landlord within ten (10) days thereafterafter the sixty (60)-day period ends. If Tenant gives such notice, cancel this Lease, in which event the parties Lease shall be discharged from all canceled and neither Landlord nor Tenant shall have any further obligations hereunderto the other. If Lessee occupies Tenant does not give such notice, Xxxxxx's right to cancel the Premises prior Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Property to Tenant. If delivery of possession of the Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the actual Commencement Date, Date and expiration date of the Lease. Failure to execute such occupancy shall be subject to all provisions hereof; such occupancy amendment shall not advance affect the Expiration Date, actual Commencement Date and Lessee shall pay rent from its expiration 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 Premises ready for occupancy on or before the Commencement Date.

Delay in Commencement. Notwithstanding Tenant agrees that in the Commencement Date, if event of the inability of Landlord for any reason Lessor cannot to deliver possession of the Premises to Lessee Tenant on said dateCommencement Date set forth in Paragraph LS of the Basic Lease Provisions, Lessor Landlord shall not be subject to liable for any liability therefor, damage thereby nor shall such failure inability affect the validity of this Lease or the obligations of Lessee hereunder or extend the Term hereofTenant hereunder, but in such case Lessee Tenant shall not be obligated to pay rent or other monetary sums until possession of the Premises is tendered to Lessee; providedTenant, however, provided that if Lessor shall not have delivered the delay in delivery of possession exceeds thirty (30) days, then the expiration date of the Premises within ninety (90) days term of the Lease shall be extended by the period of time computed from the Commencement Date and such delay scheduled commencement date to the date possession is absent of force majeure or otherwise, Lessee may, at Lessee’s option, by notice in writing to Lessor within ten (10) days thereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereundertendered. If Lessee Tenant occupies the Premises prior to the Commencement Datesaid commencement date, such occupancy shall be subject to all provisions hereof; , such occupancy shall not advance the Expiration Datetermination date, and Lessee Tenant shall pay rent from its date of occupancy Base Rent and Additional Rent for such period at the initial monthly rates as 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 Notwithstanding the event Lessor is required foregoing, Tenant shall be allowed to improve enter the Premises in the manner described on Exhibit “B” attached hereto (the “Lessor’s Work”), Lessor agrees prior to use reasonable diligence to have Lessor’s Work completed and the Premises ready for occupancy on or before the Commencement DateDate for the purpose of installing its furniture, fixtures and equipment, with no obligation to pay rent, as long as such entrance or installation does not interfere or delay Landlord's completion of Landlord's work in accordance with Exhibit "C" attached hereto.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises Property to Lessee Tenant on said date, Lessor the Commencement Date. Landlord's non-delivery of the Property to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease except that the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until Landlord delivers possession of the Premises is tendered Property to Lessee; provided, however, that if Lessor Tenant and the Lease Term shall not have delivered be extended for a period equal to the delay in delivery of possession of the Premises Property to Tenant and the Lease Term shall be necessary to end the Lease Term on the last day of a month. If Landlord does not deliver possession of the Property to Tenant within ninety sixty (9060) days from after the Commencement Date and such delay is absent of force majeure or otherwiseDate, Lessee may, at Lessee’s option, Tenant may elect to cancel this Lease by giving written notice in writing to Lessor Landlord within ten (10) days thereafterafter the sixty (60) day period ends. If Tenant gives such notice, cancel this Lease, in which event the parties Lease shall be discharged from all canceled and neither Landlord nor Tenant shall have any further obligations hereunderto the other. If Lessee occupies Tenant does not give such notice, Tenant's right to cancel the Premises prior Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Property to Tenant. If delivery of possession of the Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the actual Commencement Date, Date and expiration date of the Lease. Failure to execute such occupancy shall be subject to all provisions hereof; such occupancy amendment shall not advance affect the Expiration Date, actual Commencement Date and Lessee shall pay rent from its expiration 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 Premises ready for occupancy on or before the Commencement Date.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises Property to Lessee Tenant on said date, Lessor the Commencement Date. Landlord's non-delivery of the Property to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease except that the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent until delayed unless Landlord delivers possession of the Premises is tendered Property to Lessee; provided, however, that if Lessor Tenant and the Lease Term shall not have delivered be extended for a period equal to the delay in delivery of possession of the Premises Property to Tenant, plus the number of days necessary to end the Lease Term on the last day of a month. If Landlord does not deliver possession of the Property to Tenant within ninety sixty (9060) days from after the Commencement Date and such delay is absent of force majeure or otherwiseDate, Lessee may, at Lessee’s option, Tenant may elect to cancel this Lease by giving written notice in writing to Lessor Landlord within ten (10) days thereafterafter the sixty (60) day period ends. If Tenant gives such notice, cancel this Lease, in which event the parties Lease shall be discharged from all cancelled and neither Landlord nor Tenant shall have any further obligations hereunderto the other. If Lessee occupies Tenant does not give such notice, Tenant's right to cancel the Premises prior Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Property to Tenant. If delivery of possession of the Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the actual Commencement Date, Date and expiration date of the Lease. Failure to execute such occupancy shall be subject to all provisions hereof; such occupancy amendment shall not advance affect the Expiration Date, actual Commencement Date and Lessee shall pay rent from its expiration 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 Premises ready for occupancy on or before the Commencement Date.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises Property to Lessee Tenant on said datethe Commencement Date for any reason whatsoever, Lessor 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 the Property to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease except that the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until Landlord delivers possession of the Premises is tendered Property to Lessee; provided, however, that if Lessor Tenant and the Lease Term shall not have delivered be extended for a period equal to the delay in delivery of possession of the Premises Property to Tenant, plus the number of days necessary to end the Lease Term on the last day of a month. If Landlord does not deliver possession of the Property to Tenant within ninety sixty (9060) days from after the Commencement Date and such delay is absent of force majeure or otherwiseDate, Lessee may, at Lessee’s option, Tenant may elect to cancel this Lease by giving written notice in writing to Lessor Landlord within ten (10) days thereafterafter the sixty (60) -day period ends. If Tenant gives such notice, cancel this Lease, in which event the parties Lease shall be discharged from all cancelled and neither Landlord nor Tenant shall have any further obligations hereunderto the other. If Lessee occupies Tenant does not give such notice, Xxxxxx's right to cancel the Premises prior Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Property to Tenant. If delivery of possession of the Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the actual Commencement Date, Date and expiration date of the Lease. Failure to execute such occupancy shall be subject to all provisions hereof; such occupancy amendment shall not advance affect the Expiration Date, actual Commencement Date and Lessee shall pay rent from its expiration 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 Premises ready for occupancy on or before the Commencement Date.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises to Lessee Tenant on said date, Lessor the date described in Section 1.08. Landlord's non delivery of the Premises to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease except that the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until Landlord delivers possession of the Premises is tendered to Lessee; provided, however, that if Lessor Tenant and the Lease Term shall not have delivered be extended for a' period equal to the delay in delivery of possession of the Premises to Tenant, plus the number of days necessary to end the Lease Term on the last day of a month. If Landlord does not deliver possession of the Premises to Tenant within ninety sixty (9060) days from after the Commencement Date and such delay is absent of force majeure or otherwisedate described in Section 1.08, Lessee may, at Lessee’s option, Tenant may elect to cancel this Lease by giving written notice in writing to Lessor Landlord within ten (10) days thereafterafter the sixty (60) day period ends. If Tenant gives such notice, cancel this Lease, in which event the parties Lease shall be discharged from canceled and neither Landlord nor Tenant shall have any further obligations to the other; however, Tenant shall be entitled to a full refund of all obligations hereunderdeposits and prepaid rent previously paid, which shall be Tenant's sole and absolute remedy against Landlord. If Lessee occupies Tenant does not give such notice, Tenant's right to cancel the Lease shall expire and the Lease Term shall commence upon the delivery of possession of 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 Premises ready for occupancy on or before the Commencement DateTenant.

Delay in Commencement. Notwithstanding the Commencement Date, (a) Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises Property to Lessee Tenant on said date, Lessor the Commencement Date. Landlord's non-delivery of the Property to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease except that the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until Landlord delivers possession of the Premises is tendered Property to Lessee; provided, however, that if Lessor Tenant and the Lease Term shall not have delivered be extended for a period equal to the delay in delivery of possession of the Premises Property to Tenant, plus the number of days necessary to end the Lease Term on the last day of a month. If Landlord does not deliver possession of the Property to Tenant within ninety thirty (9030) days from after the Commencement Date and such delay is absent of force majeure or otherwiseDate, Lessee may, at Lessee’s option, Tenant may elect to cancel this Lease by giving written notice in writing to Lessor Landlord within ten (10) days thereafterafter the thirty (30)-day period ends. If Tenant gives such notice, cancel this Lease, in which event the parties Lease shall be discharged from all canceled and neither Landlord nor Tenant shall have any further obligations hereunderto the other. If Lessee occupies Tenant does not give such notice, Tenant's right to cancel the Premises prior Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Property to Tenant. If delivery of possession of the Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the actual Commencement Date, Date and expiration date of the Lease. Failure to execute such occupancy shall be subject to all provisions hereof; such occupancy amendment shall not advance affect the Expiration Date, actual Commencement Date and Lessee shall pay rent from its expiration 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 Premises ready for occupancy on or before the Commencement Date.

Delay in Commencement. Notwithstanding the scheduled Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee on said datedate 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 validity of this Lease or the obligations of Lessee hereunder or extend the Term hereofhereunder, but in such case Lessee shall not be obligated to pay rent Rent until possession of the Premises is tendered to LesseeLessee (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 ninety (90) 90 days from the scheduled Commencement Date and such delay is absent of force majeure or otherwiseForce Majeure (as defined in Section 26), Lessee may, at Lessee’s option, by notice in writing to Lessor within ten (10) 10 business days thereafter, 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 otherwiseForce Majeure, cannot deliver the Premises (with Lessor’s Work Substantially Complete) within ninety (90) 120 days from the scheduled Commencement Date, Lessor or Lessee may, at their respective options, by notice in writing within ten (10) 10 business 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 Premises ready for occupancy 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 extended on a day for day basis until possession is delivered to Lessee, and such extended Commencement Date shall thereupon become the actual Commencement Date. Promptly after the actual Commencement Date has occurred, the parties shall execute a certificate memorializing such dates.

Delay in Commencement. Notwithstanding Landlord shall not be liable to Tenant if Landlord does not delivery possession of the Property to Tenant on the Commencement Date, if for any reason Lessor cannot deliver possession . Landlord's non-delivery of the Premises Property to Lessee Tenant on said date, Lessor that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease except that the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until Landlord delivers possession of the Premises is tendered Property to Lessee; provided, however, that if Lessor Tenant and the Lease Term shall not have delivered be extended for a period equal to the delay in delivery of possession of the Premises Property to Tenant, plus the number of days necessary to end the Lease Term on the last day of a month. If Landlord does not delivery possession of the Property to Tenant within ninety sixty (9060) days from after the Commencement Date and such delay is absent of force majeure or otherwiseDate, Lessee may, at Lessee’s option, Tenant may elect to cancel this Lease by giving written notice in writing to Lessor Landlord within ten (10) days thereafterafter the sixty (60)-day period ends. If Tenant gives such notice, cancel this Lease, in which event the parties Lease shall be discharged from all cancelled and neither Landlord nor Tenant shall have any further obligations hereunderto the other. If Lessee occupies Tenant does not give such notice, Tenant's right to cancel the Premises prior Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Property to Tenant. If delivery of possession of the Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the actual Commencement Date, Date and expiration date of the Lease. Failure to execute 3 such occupancy shall be subject to all provisions hereof; such occupancy amendment shall not advance affect the Expiration Date, actual Commencement Date and Lessee shall pay rent from its expiration 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 Premises ready for occupancy on or before the Commencement Date.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises Property to Lessee Tenant on said date, Lessor the Commencement Date. Landlord's non-delivery of the Property to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease except that the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until the Landlord delivers possession of the Premises is tendered Property to Lessee; provided, however, that if Lessor Tenant and the Lease Term shall not have delivered be extended for a period equal to the delay in delivery of possession of the Premises Property to Tenant, plus the number of days necessary to end the Lease Term on the last day of a month. If Landlord does not deliver possession of the Property to Tenant within ninety sixty (9060) days from after the Commencement Date and such delay is absent of force majeure or otherwiseDate, Lessee may, at Lessee’s option, Tenant may elect to cancel this Lease by giving written notice in writing to Lessor Landlord within ten (10) days thereafterafter the sixty (60) day period ends. If Tenant gives such notice, the Lease shall be canceled and neither Landlord nor Tenant shall have any further obligations to the other. If tenant does not give such notice, Tenant's right to cancel the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Property to Tenant. If delivery of possession of the Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute and amendment to this Lease, in which event setting forth the parties shall be discharged from all obligations hereunderactual Commencement Date and expiration date of the Lease. If Lessee occupies the Premises prior Failure to the Commencement Date, execute such occupancy shall be subject to all provisions hereof; such occupancy an amendment shall not advance affect the Expiration Date, actual Commencement Date and Lessee shall pay rent from its expiration 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 Premises ready for occupancy on or before the Commencement Date.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises Property to Lessee Tenant on said date, Lessor the Commencement Date. Landxxxx'x xon-delivery of the Property to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease except that the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until Landlord 3 3 delivers possession of the Premises is tendered Property to Lessee; provided, however, that if Lessor Tenant and the Lease Term shall not have delivered be extended for a period equal to the delay in delivery of possession of the Premises Property to Tenant, plus the number of days necessary to end the Lease Term on the last day of a month. If Landlord does not deliver possession of the Property to Tenant within ninety sixty (9060) days from after the Commencement Date and such delay is absent of force majeure or otherwiseDate, Lessee may, at Lessee’s option, Tenant may elect to cancel this Lease by giving written notice in writing to Lessor Landlord within ten (10) days thereafterafter the sixty (60) -day period ends. If Tenant gives such notice, cancel this Lease, in which event the parties Lease shall be discharged from all cancelled and neither Landlord nor Tenant shall have any further obligations hereunderto the other. If Lessee occupies Tenant does not give such notice, Tenaxx'x xight to cancel the Premises prior Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Property to Tenant. If delivery of possession of the Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the actual Commencement Date, Date and expiration date of the Lease. Failure to execute such occupancy shall be subject to all provisions hereof; such occupancy amendment shall not advance affect the Expiration Date, actual Commencement Date and Lessee shall pay rent from its expiration 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 Premises ready for occupancy on or before the Commencement Date.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises Property to Lessee Tenant on said date, Lessor the Commencement Date. Landlord's non- delivery of the Property to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease except that the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until Landlord delivers possession of the Premises is tendered Property to Lessee; provided, however, that if Lessor Tenant and the Lease Term shall not have delivered be extended for a period equal to the delay in delivery of possession of the Premises Property to Tenant, plus the number of days necessary to end the Lease Term on the last day of a month. If Landlord does not deliver possession of the Property to Tenant within ninety sixty (9060) days from after the Commencement Date and such delay is absent of force majeure or otherwiseDate, Lessee may, at Lessee’s option, Tenant may elect to cancel this Lease by giving written notice in writing to Lessor Landlord within ten (10) days thereafterafter the sixty (60)-day period ends. If Tenant gives such notice, cancel this Lease, in which event the parties Lease shall be discharged from all canceled and neither Landlord nor Tenant shall have any further obligations hereunderto the other. If Lessee occupies Tenant does not give such notice, Tenant's right to cancel the Premises prior Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Property to Tenant. If delivery of possession of the Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the actual Commencement Date, Date and expiration date of the Lease. Failure to execute such occupancy shall be subject to all provisions hereof; such occupancy amendment shall not advance affect the Expiration Date, actual Commencement Date and Lessee shall pay rent from its expiration 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 Premises ready for occupancy on or before the Commencement Date.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Demised Premises to Lessee Tenant on said date, Lessor the first date specified in Section 1.05 above. Landlord's nondelivery of possession of the Demised Premises to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease. However, the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until possession of the Demised Premises is tendered delivered to Lessee; provided, however, that if Lessor Tenant. The Lease Term shall not have delivered 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 ninety sixty (9060) days from after the Commencement Date and such delay is absent of force majeure or otherwisefirst date specified in Section 1.05 above, Lessee may, at Lessee’s option, Tenant may elect to cancel this Lease by giving written notice in writing to Lessor landlord within ten (10) days thereafterafter the 60 day period ends. If Tenant gives such notice, the Lease shall be canceled effective as of the date of its execution, and no party hereto shall have any obligations, 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, in which event and the parties Lease Term shall be discharged from all obligations hereundercommence upon the delivery of possession of the Demised Premises to Tenant. If Lessee occupies delivery of possession of the Demised Premises prior to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the Commencement Date, such occupancy shall be subject to all provisions hereof; such occupancy shall not advance the Expiration Date, Date and Lessee shall pay rent from its expiration 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 Premises ready for occupancy on or before the Commencement DateLease Term.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises Property to Lessee Tenant on said date, Lessor the Commencement Date. Landlord’s non- delivery of the Property to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease except that the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until Landlord delivers possession of the Premises is tendered Property to Lessee; provided, however, that if Lessor Tenant and the Lease Term shall not have delivered be extended for a period equal to the delay in delivery of possession of the Premises Property to Tenant, plus the number of days necessary to end the Lease Term on the last day of a month. If Landlord does not deliver possession of the Property to Tenant within ninety sixty (9060) days from after the Commencement Date and such delay is absent of force majeure or otherwiseDate, Lessee may, at Lessee’s option, Tenant may elect to cancel this Lease by giving written notice in writing to Lessor Landlord within ten (10) days thereafterafter the sixty (60) day period ends. If Tenant gives such notice, cancel this Lease, in which event the parties Lease shall be discharged from all cancelled and neither the Landlord nor Tenant shall have any further obligations hereunderto the other. If Lessee occupies Tenant does not give such notice, Tenant’s right to cancel the Premises prior Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Property to Tenant. If delivery of possession of the Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the actual Commencement Date, Date and expiration date of the Lease. Failure to execute such occupancy shall be subject to all provisions hereof; such occupancy amendment shall not advance affect the Expiration Date, actual Commencement Date and Lessee shall pay rent from its expiration 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 Premises ready for occupancy on or before the Commencement Date.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises Property to Lessee Tenant on said date, Lessor the Commencement Date. Landlord's non-delivery of the Property to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease except that the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until Landlord delivers possession of the Premises is tendered Property to Lessee; provided, however, that if Lessor Tenant and the Lease Term shall not have delivered be extended for a period equal to the delay in delivery of possession of the Premises Property to Tenant, plus the number of days necessary to end the Lease Term on the last day of a month. If Landlord does not deliver possession of the Property to Tenant within ninety (90) days from after the Commencement Date and such delay is absent of force majeure or otherwiseDate, Lessee may, at Lessee’s option, Tenant may elect to cancel this Lease by giving written notice in writing to Lessor Landlord within ten (10) days thereafter, cancel this Lease, in which event after 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 day period ends. If Tenant gives such notice, this Lease shall be cancelled and neither Landlord nor Tenant shall have any further obligations to the other. If Tenant does not give such notice, Tenant's right to cancel this Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Property to Tenant. If delivery of possession of the Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the actual Commencement Date, Lessor or Lessee may, at their respective options, by notice in writing within ten (10) days thereafter, cancel Date and expiration date of this Lease. In Failure to execute such amendment shall not affect 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 actual Commencement Date and the Premises ready for occupancy on or before the Commencement Dateexpiration date of this Lease.

Delay in Commencement. Notwithstanding the Commencement DateSubject to Tenant’s Early Access rights, if for any reason Lessor cannot Landlord will deliver possession of the Premises to Lessee Tenant upon Substantial Completion. Landlord shall use reasonable commercial efforts to achieve Substantial Completion on said dateor before November 1, Lessor 2017, (the “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 by one (1) day. Landlord’s failure to achieve Substantial Completion by the Target Delivery Date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease except that the Term hereofCommencement Date and Base Rent Commencement Date shall be extended for a period equal to the delay (excluding, but however, Tenant Delays) in such case Lessee shall Landlord’s achievement of Substantial Completion beyond the Target Delivery Date. If Landlord has not be obligated to pay rent until possession achieved Substantial Completion of the Landlord Improvements to the Premises by the date that is tendered 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 Lesseethe 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 written notice to the other (a “Termination Notice”), which Termination Notice shall be delivered on or before the first day of the 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, that Landlord shall have the right to rescind a Termination Notice from Tenant if Lessor shall not have delivered possession Landlord (1) delivers a written notice to Tenant committing to achieve Substantial Completion of the Premises within ninety (90) days from the Commencement Date and such delay is absent of force majeure or otherwise, Lessee may, at Lessee’s option, by notice in writing Landlord Improvements to Lessor within ten (10) days thereafter, 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 Premises ready for occupancy 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, Landlord and Tenant shall execute an acknowledgment form setting forth the actual Commencement Date and the Base Rent Commencement Date. Failure to execute such acknowledgment shall not affect the actual Commencement Date or actual Base Rent Commencement Date.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises Property to Lessee Tenant on said date, Lessor the Commencement Date. Landlord's non-delivery of the Property to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease except that the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until Landlord delivers possession of the Premises is tendered Property to Lessee; provided, however, that if Lessor Tenant and the Lease Term shall not have delivered be extended for a period equal to the delay in delivery of possession of the Premises Property to Tenant, plus the number of days necessary to end the Lease Term on the last day of a month. If Landlord does not deliver possession of the Property to Tenant within ninety sixty (9060) days from after the Commencement Date and such delay is absent of force majeure or otherwiseDate, Lessee may, at Lessee’s option, Tenant may elect to cancel this Lease by giving written notice in writing to Lessor Landlord within ten (10) days thereafterafter the sixty (60) -day period ends. If Tenant gives such notice, cancel this Lease, in which event the parties Lease shall be discharged from all cancelled and neither Landlord nor Tenant shall have any further obligations hereunderto the other. If Lessee occupies Tenant does not give such notice, Xxxxxx's right to cancel the Premises prior Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Property to Tenant. If delivery of possession of the Property to Tenant is delayed, Landlord and Tenant shall. upon such delivery, execute an amendment to this Lease setting forth the actual Commencement Date, Date and expiration date of the Lease. Failure to execute such occupancy shall be subject to all provisions hereof; such occupancy amendment shall not advance affect the Expiration Date, actual Commencement Date and Lessee shall pay rent from its expiration 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 Premises ready for occupancy on or before the Commencement Date.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises Property to Lessee Tenant on said date, Lessor the Commencement Date. Landlord's non-delivery of the Property to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease except that the Commencement Date shall be delayed until Landlord delivers possession of the Property to Tenant. The Lease Term hereof, but in such case Lessee shall not be obligated to pay rent until extended and the expiration date of the Lease shall remain unchanged. If Landlord does not deliver possession of the Premises is tendered Property to Lessee; provided, however, that if Lessor shall not have delivered possession of the Premises Tenant within ninety (90) days from after the Commencement Date and such delay is absent of force majeure or otherwiseDate, Lessee may, at Lessee’s option, Tenant may elect to cancel this Lease by giving written notice in writing to Lessor Landlord within ten (10) days thereafterafter the ninety (90)-day period ends. If Tenant gives such notice, cancel this Lease, in which event the parties Lease shall be discharged from all cancelled and neither Landlord nor Tenant shall have any further obligations hereunderto the other. If Lessee occupies Tenant does not give such notice, Tenant's right to cancel the Premises prior Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Property to Tenant. If delivery of possession of the Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the actual Commencement Date, Date and expiration date of the Lease. Failure to execute such occupancy shall be subject to all provisions hereof; such occupancy amendment shall not advance affect the Expiration Date, actual Commencement Date and Lessee shall pay rent from its expiration 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 Premises ready for occupancy on or before the Commencement Date.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises Property to Lessee Tenant on said date, Lessor the Commencement Date. Landlord's non-delivery of the Property to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease except that the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until Landlord delivers possession of the Premises is tendered Property to Lessee; provided, however, that if Lessor Tenant and the Lease Term shall not have delivered be extended for a period equal to the delay in delivery of possession of the Premises Property to Tenant, plus the number of days necessary to end the Lease Term on the last day of a month. If Landlord does not deliver possession of the Property to Tenant within ninety sixty (9060) days from after the Commencement Date and such delay is absent of force majeure or otherwiseDate, Lessee may, at Lessee’s option, Tenant may elect to cancel this Lease by giving written notice in writing to Lessor Landlord within ten (10) days thereafterafter the sixty (60) -day period ends. If Tenant gives such notice, cancel this Lease, in which event the parties Lease shall be discharged from all canceled and neither Landlord nor Tenant shall have any further obligations hereunderto the other. If Lessee occupies Tenant does not give such notice, Xxxxxx's right to cancel the Premises prior Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Property to Tenant. If delivery of possession of the Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the actual Commencement Date, Date and expiration date of the Lease. Failure to execute such occupancy shall be subject to all provisions hereof; such occupancy amendment shall not advance the Expiration Date, affect tile actual Commencement Date and Lessee shall pay rent from its expiration 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 Premises ready for occupancy on or before the Commencement Date.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises Property to Lessee Tenant on said date, Lessor the Estimated Substantial Completion Date. Landlord's non-delivery of the Property to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease, except that the Term hereof, but in such case Lessee Lease Commencement Date shall not be obligated to pay rent delayed until possession the one hundred eightieth (180th) day following Substantial Completion of the Premises is tendered to Lessee; provided, however, that if Lessor shall not have delivered possession Building Shell Improvements (unless such delay in Substantial Completion of the Premises within ninety (90) days from Building Shell Improvements is the Commencement Date and such delay is absent result of force majeure or otherwisea Tenant Delay, Lessee may, at Lessee’s option, by notice as defined in writing to Lessor within ten (10) days thereafter, cancel this LeaseSection 14.02 below, in which event the parties 180-day period shall be discharged from all obligations hereunderreduced for a period equal to the period of Tenant Delay). If Lessee occupies Substantial Completion of the Premises Building Shell Improvements does not occur within one hundred eighty (180) days following the Estimated Substantial Completion Date (extended for any periods of Tenant Delay and any Force Majeure Delay as defined in Section 16.12 below), Tenant may elect to cancel and terminate this Lease by giving written notice to Landlord within fifteen (15) business days after the one hundred eighty (180)-day period (as it may have been extended) ends. If Tenant gives such notice, this Lease shall be canceled and terminated, and neither Landlord nor Tenant shall have any further obligations to the other, excepting only those obligations which have accrued prior to or which expressly survive termination of this Lease. If Tenant fails to timely give such notice, the right to cancel and terminate this Lease shall expire, and the Lease Term shall commence on the one hundred eightieth (180th) day following Substantial Completion of the Building Shell Improvements. Consistent with the terms of Section 1.05(b) above, upon determination of the date of Substantial Completion of the Building Shell Improvements and the Lease Commencement Date, such occupancy Landlord and Tenant shall be subject promptly execute an amendment to all provisions hereof; such occupancy shall not advance this Lease setting forth the 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 Lessee Lease Expiration Date. The failure of Tenant to take possession of or to occupy the Property shall pay rent from its date not serve to relieve Tenant of occupancy at any obligations arising on 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 Lease Commencement Date, Lessor or Lessee may, at their respective options, and shall not delay the payment of rent 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 Premises ready for occupancy on or before the Commencement DateTenant.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises Property to Lessee Tenant on said date, Lessor the Commencement Date. Landlord's non-delivery of the Property to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease except that the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until Landlord delivers possession of the Premises is tendered Property to Lessee; provided, however, that if Lessor Tenant and the Lease Term shall not have delivered be extended for a period equal to the delay in delivery of possession of the Premises Property to Tenant, plus the number of days necessary to end the Lease Term on the last day of a month. If Landlord does not deliver possession of the Property to Tenant within ninety sixty (9060) days from after the Commencement Date and such delay is absent of force majeure or otherwiseDate, Lessee may, at Lessee’s option, Tenant may elect to cancel this Lease by giving written notice in writing to Lessor Landlord within ten (10) days thereafterafter the sixty (60)-day period ends. If Tenant gives such notice, cancel this Lease, in which event the parties Lease shall be discharged from all cancelled and neither Landlord nor Tenant shall have any further obligations hereunderto the other. If Lessee occupies Tenant does not give such notice, Xxxxxx's right to cancel the Premises prior Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Property to Tenant. If delivery of possession of the Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the actual Commencement Date, Date and expiration date of the Lease. Failure to executive such occupancy shall be subject to all provisions hereof; such occupancy amendment shall not advance affect the Expiration Date, actual Commencement Date and Lessee shall pay rent from its expiration 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 Premises ready for occupancy on or before the Commencement Date.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall be liable to Tenant by an amount equal to 100% of Tenant's holdover expenses incurred as a result of late delivery if for any reason Lessor canLandlord does not deliver possession of the Premises Property to Lessee Tenant on said date, Lessor the Commencement Date. In no event shall the Commencement Date be prior to the date of substantial completion of the Construction. Landlord's non-delivery of the Property to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease except that the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until Landlord delivers possession of the Premises is tendered Property to Lessee; provided, however, that if Lessor Tenant and the Lease Term shall not have delivered be extended for a period equal to the delay in delivery of possession of the Premises Property to Tenant, plus the number of days necessary to end the Lease Term on the last day of a month. If Landlord does not deliver possession of the Property to Tenant within ninety sixty (9060) days from after the Commencement Date and such delay is absent of force majeure or otherwiseDate, Lessee may, at Lessee’s option, Tenant may elect to cancel this Lease by giving written notice in writing to Lessor Landlord within ten (10) days thereafterafter the sixty (60)-day period ends. If Tenant gives such notice, cancel this Lease, in which event the parties Lease shall be discharged from all canceled and neither Landlord nor Tenant shall have any further obligations hereunderto the other. If Lessee occupies Tenant does not give such notice, Tenaxx'x xight to cancel the Premises prior Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Property to Tenant. If delivery of possession of the Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the actual Commencement Date, Date and expiration date of the Lease. Failure to execute such occupancy shall be subject to all provisions hereof; such occupancy amendment shall not advance affect the Expiration Date, actual Commencement Date and Lessee shall pay rent from its expiration 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 Premises ready for occupancy on or before the Commencement Date.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises Property to Lessee Tenant on said date, Lessor the Commencement Date. Landlord's non-delivery of the Property to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease except that the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until Landlord delivers possession of the Premises is tendered Property to Lessee; provided, however, that if Lessor Tenant and the Lease Term shall not have delivered be extended for a period equal to the delay in delivery of possession of the Premises Property to Tenant, plus the number of days necessary to end the Lease Term on the last day of a month. If Landlord does not deliver possession of the Property to Tenant within ninety sixty (9060) days from after the Commencement Date. Tenant may elect to cancel this Lease by giving written notice to Landlord within twenty (20) days after the sixty (60)-day period ends. If Tenant gives such notice, the Lease shall be cancelled and neither Landlord nor Tenant shall have any further obligations to the other. If Tenant does not give such notice, Tenant's right to cancel the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Property to Tenant. If delivery of possession of the Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the actual Commencement Date and expiration date of the Lease. Failure to execute such delay is absent of force majeure or otherwise, Lessee may, at Lessee’s option, by notice in writing to Lessor within ten (10) days thereafter, 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 amendment shall not advance affect the Expiration Date, actual Commencement Date and Lessee shall pay rent from its expiration 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 Insert "Insert 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 Premises ready for occupancy on or before the Commencement Date.Page 2 [1]"

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises Property to Lessee Tenant on said date, Lessor the first date specified in Section 1.05 above. Landlord's non-delivery of the Property to Tenant on the date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease. However the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until possession of the Premises Property is tendered delivered to Lessee; providedTenant. The Lease Term shall be extended for a period equal to the delay in delivery of possessions of the Property to Tenant, however, that if Lessor shall plus the number of days necessary to end the Lease Term on the last day of the month. If Landlord does not have delivered deliver possession of the Premises Property to Tenant within ninety THIRTY (9030) days from after the Commencement Date and such delay is absent of force majeure or otherwisefirst date specified in Section 1.05 above, Lessee may, at Lessee’s option, Tenant may elect to cancel the Lease by giving written notice in writing to Lessor Landlord within ten (10) days thereafterafter the THIRTY (30) day period ends. If Tenant gives such notice, cancel this Lease, in which event the parties Lease shall be discharged from all obligations hereundercanceled effective as of the date of its execution, and no party hereto shall have any obligations, one to the other. If Lessee occupies Tenant does not give such notice, Tenant's right to cancel the Premises prior Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Property to Tenant. If delivery of possession of the Property to Tenant is delayed, Landlord and Tenant shall, upon delivery, execute an amendment to this Lease setting forth the Commencement Date, such occupancy shall be subject to all provisions hereof; such occupancy shall not advance the Expiration Date, Date and Lessee shall pay rent from its expiration 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 Premises ready for occupancy on or before the Commencement Date.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises Property to Lessee Tenant on said date, Lessor the Commencement Date. Landlord's non-delivery of the Property to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease except that the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until Landlord delivers possession of the Premises is tendered Property to Lessee; provided, however, that if Lessor Tenant and the Lease Term shall not have delivered be extended for a period equal to the delay in delivery of possession of the Premises Property to Tenant, plus the number of days necessary to end the Lease Term on the last day of a month. If Landlord does not deliver possession of the Property to Tenant within ninety sixty (9060) days from after the Commencement Date and such delay is absent of force majeure or otherwiseDate, Lessee may, at Lessee’s option, Tenant may elect to cancel this Lease by giving written notice in writing to Lessor Landlord within ten (10) days thereafterafter the sixty (60) -day period ends. If Tenant gives such notice, cancel this Lease, in which event the parties Lease shall be discharged from all cancelled and neither Landlord nor Tenant shall have any further obligations hereunderto the other. If Lessee occupies Tenant does not give such notice, Xxxxxx's right to cancel the Premises prior Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Property to Tenant. If delivery of possession of the Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the actual Commencement Date, Date and expiration date of the Lease. Failure to execute such occupancy shall be subject to all provisions hereof; such occupancy amendment shall not advance affect the Expiration Date, actual Commencement Date and Lessee shall pay rent from its expiration 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 Premises ready for occupancy on or before the Commencement Date.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises Property to Lessee Tenant on said date, Lessor the Commencement Date. Landlord's non-delivery of the Property to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease except that the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until Landlord delivers possession of the Premises is tendered Property to Lessee; provided, however, that if Lessor Tenant and the Lease Term shall not have delivered be extended for a period equal to the delay in delivery of possession of the Premises Property to Tenant, plus the number of days necessary to end the Lease Term on the last day of a month. If Landlord does not deliver possession of the Property to Tenant within ninety sixty (9060) days from after the Commencement Date and such delay is absent of force majeure or otherwiseDate, Lessee may, at Lessee’s option, Tenant may elect to cancel this Lease by given written notice in writing to Lessor Landlord within ten (10) days thereafterafter the sixty (60) -day period ends. If Tenant gives such notice, cancel this Lease, in which event the parties Lease shall be discharged from all cancelled and neither Landlord nor Tenant shall have any further obligations hereunderto the other. If Lessee occupies Tenant does not give such notice, Xxxxxx's right to cancel the Premises prior Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Property to Tenant. If delivery of possession of the Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the actual Commencement Date, Date and expiration date of the Lease. Failure to execute such occupancy shall be subject to all provisions hereof; such occupancy amendment shall not advance affect the Expiration Date, actual Commencement Date and Lessee shall pay rent from its expiration 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 Premises ready for occupancy on or before the Commencement Date.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises Property to Lessee Tenant on said date, Lessor the Commencement Date. Landlord's non-delivery of the Property to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease except that the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until Landlord delivers possession of the Premises is tendered Property to Lessee; provided, however, that if Lessor Tenant and the Lease Term shall not have delivered be extended for a period equal to the delay in delivery of possession of the Premises Property to Tenant, plus the number of days necessary to end the Lease Term on the last day of a month. If Landlord does not deliver possession of the Property to Tenant within ninety sixty (9060) days from after the Commencement Date and such delay is absent of force majeure or otherwiseDate, Lessee may, at Lessee’s option, Tenant may elect to cancel this Lease by giving written notice in writing to Lessor Landlord within ten (10) days thereafterafter the period ends. If Tenant gives such notice, cancel this Lease, in which event the parties Lease shall be discharged from all canceled and neither Landlord nor Tenant shall have any further obligations hereunderto the other. If Lessee occupies Tenant does not give such notice, Xxxxxx's right to cancel the Premises prior Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Property to Tenant. If delivery of possession of the Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the actual Commencement Date, Date and expiration date of the Lease. Failure to execute such occupancy shall be subject to all provisions hereof; such occupancy amendment shall not advance affect the Expiration Date, actual Commencement Date and Lessee shall pay rent from its expiration 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 Premises ready for occupancy on or before the Commencement Date.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Demised Premises to Lessee Tenant on said date, Lessor the first date specified in Section 1.05 above. Landlord's nondelivery of possession of the Demised Premises on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease. However, the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until possession of the Demised Premises is tendered delivered to Lessee; provided, however, that if Lessor Tenant. The Lease Term shall not have delivered 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 ninety thirty (9030) days from after the Commencement Date and such delay is absent of force majeure or otherwisefirst date specified in Section 1.05 above, Lessee may, at Lessee’s option, Tenant may elect to cancel this Lease by giving written notice in writing to Lessor Landlord within ten (10) days thereafterafter the 30-day period ends. If Tenant gives such notice, the Lease shall be canceled effective as of the date of its execution, and no party hereto shall have any obligations, 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, in which event and the parties shall be discharged from all obligations hereunder. If Lessee occupies the Premises prior Lease Term is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the Commencement Date, such occupancy shall be subject to all provisions hereof; such occupancy shall not advance the Expiration Date, Date and Lessee shall pay rent from its expiration 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 Premises ready for occupancy on or before the Commencement DateLease Term.

Delay in Commencement. Notwithstanding 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, if for any reason Lessor cannot deliver possession of the Premises to Lessee on said date, Lessor Landlord shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease Lease, or the obligations of Lessee hereunder Tenant hereunder, or extend the Term term hereof, but in such case Lessee case, Tenant shall not be obligated to pay rent or perform any other obligation of Tenant under the terms of this Lease until Landlord delivers possession of the Premises to Tenant. Except as may be otherwise provided, and regardless of when the term actually commences, if possession is not tendered to Lessee; providedTenant within thirty (30) days of January 26, however2007, subject to Force Majeure and Tenant Delay Tenant shall receive one (1) day of abatement of Base Rent and Additional Rent for each day after expiration of the thirty (30) day period after January 26, 2007, that if Lessor shall Tenant has not have delivered received possession of the Premises within Premises, subject to Force Majeure and Tenant Delay. If delivery of possession of the Property to Tenant is delayed 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 from 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 actual Commencement Date and expiration date of the Lease. Failure to execute such delay is absent amendment shall not affect the actual Commencement Date and expiration date of force majeure or otherwise, Lessee may, at Lessee’s option, by notice in writing to Lessor within ten (10) days thereafter, cancel this the 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 The above dates are subject to all provisions hereof; such occupancy shall not advance the Expiration Datereceipt of an Army Corps of Engineer 404 wetlands permit by May 15, 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 Premises ready for occupancy on or before the Commencement Date2006.

Delay in Commencement. Notwithstanding the Commencement Date, Except as provided in paragraph 1.05(a) herein. Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises Property to Lessee Tenant on said date, Lessor the Commencement Date. Landlord's non-delivery of the Property to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease except that the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until Landlord delivers possession of the Premises is tendered Property to Lessee; provided, however, that if Lessor Tenant and the Lease Term shall not have delivered be extended for a period equal to the delay in delivery of possession of the Premises within ninety (90) Property to Tenant, plus the number of days from necessary to end the Lease Term on the last day of a month. If Landlord does not deliver possession of the Property to Tenant on or before May 15, 1998 Date, Tenant may elect to cancel this Lease by giving written notice to Landlord ends. If Tenant gives such notice, the Lease shall be cancelled and neither Landlord nor Tenant shall have any further obligation to the other. If Tenant does not give such notice, Tenant's right to cancel the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Property to Tenant. If delivery of possession of the Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the actual Commencement Date and expiration date of the Lease. Failure to execute such delay is absent of force majeure or otherwise, Lessee may, at Lessee’s option, by notice in writing to Lessor within ten (10) days thereafter, 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 amendment shall not advance affect the Expiration Date, actual Commencement Date and Lessee shall pay rent from its expiration 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 Premises ready for occupancy on or before the Commencement Date.

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises Property to Lessee Tenant on said date, Lessor the Commencement Date. Landlord's non-delivery of the Property to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease except that the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until Landlord delivers possession of the Premises is tendered Property to Lessee; provided, however, that if Lessor Tenant and the Lease Term shall not have delivered be extended for a period equal to the delay in delivery of possession of the Premises Property to Tenant, plus the number of days necessary to end the Lease Term on the last day of a month. If Landlord does not deliver possession of the Property to Tenant within ninety thirty (9030) days from after the Commencement Date and such delay is absent of force majeure or otherwiseDate, Lessee may, at Lessee’s option, Tenant may elect to cancel this Lease by giving written notice in writing to Lessor Landlord within ten (10) days thereafterafter the sixty (60) -day period ends. If Tenant gives such notice, cancel this Lease, in which event the parties Lease shall be discharged from all canceled and neither Landlord nor Tenant shall have any further obligations hereunderto the other. If Lessee occupies Tenant does not give such notice, Tenaxx'x xight to cancel the Premises prior Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Property to Tenant. If delivery of possession of the Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the actual Commencement Date, Date and expiration date of the Lease. Failure to execute such occupancy shall be subject to all provisions hereof; such occupancy amendment shall not advance affect the Expiration Date, actual Commencement Date and Lessee shall pay rent from its expiration 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 Premises ready for occupancy on or before the Commencement Date.

Delay in Commencement. Notwithstanding 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 for any reason Lessor canLandlord shall not deliver possession of the Premises to Lessee Tenant on said date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend the Term hereof, but in such case Lessee shall not be obligated to pay rent until possession of the Premises is tendered to Lessee; provided, however, that if Lessor shall not have delivered possession of the Premises within ninety (90) days from the Commencement Date and such delay is absent of force majeure or otherwise, Lessee may, at Lessee’s option, by notice in writing to Lessor within ten (10) days thereafter, 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 unless Tenant provides Landlord access to the Premises by September 1, 1999 (for all provisions hereof; such occupancy shall not advance repairs except the Expiration Datewarehouse and cooler area floor and the demising wall) and by October 10, 1999 (for the warehouse and cooler area floor), and Lessee shall pay rent from its date of occupancy at the initial monthly rates set forth below. If Lessorby November 1, by reason of force majeure or otherwise, cannot deliver the Premises within ninety 1999 (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 Premises ready for occupancy on or before the Commencement Date.the

Delay in Commencement. Notwithstanding the Commencement Date, Landlord shall not be liable to Tenant if for any reason Lessor canLandlord does not deliver possession of the Premises Property to Lessee Tenant on said date, Lessor the Commencement Date. Landlord's non-delivery of the Property to Tenant on that date shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend Tenant under this Lease except that the Term hereof, but in such case Lessee Commencement Date shall not be obligated to pay rent delayed until Landlord delivers possession of the Premises is tendered Property to Lessee; provided, however, that if Lessor Tenant and the Lease Term shall not have delivered be extended for a period equal to the delay in delivery of possession of the Premises Property to Tenant, plus the number of days necessary to end the Lease Term on the last day of a month. If Landlord does not deliver possession of the Property to Tenant within ninety thirty (9030) days from after the Commencement Date and such delay is absent of force majeure or otherwiseDate, Lessee may, at Lessee’s option, Tenant may elect to cancel this Lease by giving written notice in writing to Lessor Landlord within ten (10) days thereafterafter the thirty (30)-day period ends. If Tenant gives such notice, cancel this Lease, in which event the parties Lease shall be discharged from all canceled and neither Landlord nor Tenant shall have any further obligations hereunderto the other. If Lessee occupies Tenant does not give such notice, Xxxxxx's right to cancel the Premises prior Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Properly to Tenant. If delivery of possession of the Property to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the actual Commencement Date, Date and expiration date of the Lease. Failure to execute such occupancy shall be subject to all provisions hereof; such occupancy amendment shall not advance affect the Expiration Date, actual Commencement Date and Lessee shall pay rent from its expiration 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 Premises ready for occupancy on or before the Commencement Date.