Common use of DELAY IN POSSESSION Clause in Contracts

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement 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, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date. If, despite said efforts, Lessor is unable to deliver possession as agreed, 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, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers it receives possession of the Premises to LesseePremises. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said such sixty (60) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if . If such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effectterminate. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease the Start Date and Lessee does not terminate this Lease, as aforesaid, the any period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes acts or omissions of Lessee. If possession of the Premises is not delivered within four (4) months after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee, in writing.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement 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, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement 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, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date. If, despite said efforts, Lessor is unable to deliver possession as agreed, 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, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers it receives possession of the Premises to LesseePremises. If possession of the Premises is not delivered to Lessee within sixty (60) 60 days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) 10 days after the end of said sixty (60) such 60 day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if . If such written notice of Lessee is not received by Lessor within said ten (10) 10 day period, Lessee's ’s right to cancel this Lease hereunder shall terminate and be of no further force or effectterminate. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease the Start Date and Lessee does not terminate this Lease, as aforesaid, the any period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes acts or omissions of Lessee. If possession of the Premises is not delivered within 4 months after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee, in writing.

DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date. If, despite said efforts, Lessor is unable to deliver possession by such 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, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers possession of the Premises to Lessee. If possession and any period of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes acts or omissions of Lessee. If possession is not delivered within 60 days after the Commencement Date, Lessee may, at its option, by notice in writing within 10 days after the end of such 60 day period, cancel this Lease, in which event the Parties shall be discharged from all obligations hereunder. If such written notice is not received by Lessor within said 10 day period, Lessee’s right to cancel shall terminate. If possession of the Premises is not delivered within 120 days after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee, in writing.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession DateXxxx, if If one is Is specified in Paragraph 1.4, or if no Early Possession Date is Xxxx Is specified, by the Commencement DateData, 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 In such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If II possession of the Premises is Is not delivered to Lessee within sixty (60) days after the Commencement DateXxxx, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end and of said sixty (60) day period, cancel this Lease, in In which event the parties shall be discharged from all obligations hereunder; provided further, however, that if If such written notice of Lessee is Is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except except as may be otherwise provided, and regardless of when the Original Term actually commences, if If possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if II any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date. If, despite said efforts, Lessor is unable to deliver possession by such 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, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers possession of the Premises to Lessee. If possession and any period of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes acts or omissions of Lessee. If possession is not delivered within 60 days after the Commencement Date, as the same may be extended under the terms of any Work Letter executed by Parties, Lessee may, at its option, by notice in writing within 10 days after the end of such 60 day period, cancel this Lease, in which event the Parties shall be discharged from all obligations hereunder. If such written notice is not received by Lessor within said 10 day period, Lessee's right to cancel shall terminate. If possession of the Premises is not delivered within 120 days after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee, in writing.

DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date. If, despite said efforts, Lessor is unable to deliver possession as agreed, 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, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers it receives possession of the Premises to LesseePremises. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said such sixty (60) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if . If such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's ’s right to cancel this Lease hereunder shall terminate and be of no further force or effectterminate. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease the Start Date and Lessee does not terminate this Lease, as aforesaid, the any period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes acts or omissions of Lessee. If possession of the Premises is not delivered within four (4) months after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee, in writing.

DELAY IN POSSESSION. If Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateon said date and subject to paragraph 3.2.2, Lessor 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, hereunder or extend the term hereof; but, but in such case, Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, except as may be otherwise provided in this Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered to Lessee possession of the Premises within sixty (60) days after the following said Commencement Date, as the same may be extended under the terms of a Work Letter executed by Lessor and Lessee, Lessee may, at its Lessee's option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided, however, that, as to Lessee's obligations, Lessee first reimburses Lessor for all costs incurred for Non-Standard Improvements and, as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Non-Standard Improvements); and provided further, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateon said date and subject to paragraph 32(b), Lessor 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, hereunder or extend the term hereof; but, but in such case, Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, except as may be otherwise provided in this Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered to Lessee possession of the Premises within sixty (60) days after the following said Commencement Date, as the same may be extended under the terms of a Work Letter executed by Lessor and Lessee, Lessee may, at its option, Lessee's option by notice in writing to Lessor Lessor, within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder, provided however that as to Lessee's obligations, Lessee first reimburses Lessor for all costs incurred for Non-Standard improvements and as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Non-Standard Improvements); and provided further, however, further that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or and effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement 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, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does 34 not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Commencement Date, if one if, despite said efforts, Lessor is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateunable to deliver possession as agreed, 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, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers it receives possession of the Premises to LesseePremises. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said such sixty (60) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if . If such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effectterminate. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease the Start Date and Lessee does not terminate this Lease, as aforesaid, the any period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes acts or omissions of Lessee.. If possession of the Premises is not delivered within four (4) months after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee, in writing. 3.4

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement 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, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, . if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay f caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement 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, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does 14 not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement 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, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed enjoyed, shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If Landlord, for any reason Lessor whatsoever cannot deliver possession of the Premises to Lessee by Tenant in the Early Possession Date, if one is specified condition described in Paragraph 1.4, the second sentence of Section 3.1 above on or if no Early Possession Date is specified, by before the Commencement DateDate stated in Item 4 of the Basic Lease Provisions, Lessor then this Lease shall not be subject to any liability therefor, void or voidable nor shall such failure affect Landlord be liable to Tenant for any resulting loss or damage. However, Tenant shall not be liable for any rent and the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee Commencement Date shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease not occur until Lessor Landlord so delivers possession of the Premises to Lessee. If Tenant, except that if Landlord’s failure to so deliver possession on the Commencement Date is attributable either (i) to any failure by Tenant to perform any obligation under this Lease or (ii) to any “Tenant Delay” (as defined in the Work Letter attached hereto), then the Commencement Date shall not be advanced to the date on which possession of the Premises is tendered to Tenant, and Landlord shall be entitled to full performance by Tenant (including the payment of rent) from the date Landlord would have been able to deliver the Premises to Tenant but for Tenant’s delay(s). Notwithstanding anything to the contrary contained in this Section 3.2, however, if for any reason other than the failure by Tenant to perform any obligation under Lease and/or a Tenant Delay, the Commencement Date has not delivered occurred by December 15, 2000, then Tenant may, by written notice to Lessee Landlord given within sixty twenty (6020) business days after thereafter but prior to the actual Commencement Date, Lessee may, at its option, by notice in writing elect to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease. In the event of a dispute between Landlord and Tenant regarding the advancement of the Commencement Date (including, as aforesaidwithout limitation, the period free occurrence and/or duration of Tenant Delays) and/or regarding the occurrence of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal Commencement Date pursuant to the period during which foregoing provisions of this Section 3.2, either party may elect to submit the Lessee would have otherwise enjoyed under the terms hereof, but minus any days matter for binding arbitration with JAMS/ENDISPUTE as provided in Section 22.7 of delay caused by the acts, changes or omissions of Lesseethis Lease.

DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date. If, despite said efforts, Lessor is unable to deliver possession as agreed, 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, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers possession of the Premises to LesseePremises. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said such sixty (60) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if . If such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effectterminate. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession of the Premises is not tendered to Lessee when required by this Lease the Start Date and Lessee does not terminate this Lease, as aforesaid, the any period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes acts or omissions of Lessee. If possession of the Premises is not delivered within four (4) months after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee, in writing.

DELAY IN POSSESSION. If IF for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement 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, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date. If, despite said efforts, Lessor is unable to deliver possession as agreed, 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, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers it receives possession of the Premises to LesseePremises. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said such sixty (60) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if . If such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effectterminate. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease the Start Date and Lessee does not terminate this Lease, as aforesaid, the any period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes acts or omissions of Lessee. If possession of the Premises is not delivered four (4) months after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee in writing.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement 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, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, however that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement 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, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided provided, further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations obligation of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement 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, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor Xxxxxx delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of Lessee by Xxxxxx is not received by Lessor Xxxxxx within said ten (10) day period, LesseeXxxxxx's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement 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, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If It possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor Landlord cannot deliver possession of the Premises to Lessee Tenant by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement 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 hereof, but in such case, Lessee Tenant shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee Tenant under the terms of this Lease until Lessor Landlord delivers possession of the Premises to LesseeTenant. If possession of the Premises is not delivered to Lessee Tenant within sixty (60) days after the Commencement Date, Lessee Tenant may, at its option, by notice in writing to Lessor Landlord within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee Tenant is not received by Lessor Landlord within said ten (10) day period, LesseeTenant's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee Tenant when required by this Lease and Lessee Tenant does not terminate this Lease, as aforesaidforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee Tenant would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee Tenant would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of LesseeTenant.

DELAY IN POSSESSION. If Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateon said date and subject to paragraph 3.2.2, Lessor 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, hereunder or extend the term hereofthereof, but in such case, Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, except as may be otherwise provided in this Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered to Lessee possession of the Premises within sixty (60) days after the following said Commencement Date, as the same may be extended under the terms of a Work Letter executed by Lessor and Lessee, Lessee may, at its Lessee's option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided, however, that, as to Lessee's obligations, Lessee first reimburses Lessor for all costs incurred for Non-Standard Improvements and, as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Non-Standard Improvements); and provided further, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement 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, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's ’s right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date date is specified, by the Commencement 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, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is delayed more than thirty (30) days other than pursuant to Paragraph 51 or 53, Lessor shall be liable to Lessee for a penalty of $2,000.00 for each day of delay. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodLessor, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as is may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateon said date and subject to paragraph 3.2.2, Lessor 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, hereunder or extend the term hereof, ; but in such case, Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, except at may be otherwise provided in this Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered to Lessee possession of the Premises within sixty (60) days after the following said Commencement Date, as the same may be extended under the terms of a Work Letter executed by Lessor and lessee, Lessee may, at its Lessee's option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Leaselease, in which event the parties shall be discharged from all obligations hereunder; provided, however, that, as to Lessee's obligations, Lessee first reimburses Lessor for all costs incurred for Non-Standard Improvements and, as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Non-Standard Improvements); and provided further, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date 2 3 is specified, by the Commencement 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, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability thereforU1erefor, 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, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If if possession of the Premises is not delivered to Lessee within sixty ninety (6090) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty ninety (6090) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall shad terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee Lasses-, by the Early Possession Date, if one is specified in it Paragraph 1.4, or if it no Early Possession Date is specified, by the Commencement 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, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement 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 lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, . Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written written, notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If Notwithstanding the commencement date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateon said date, Lessor shall not be subject to any liability therefortherefore, nor shall such failure affect the validity of this Lease, Lease or the obligations of Lessee hereunder, or extend the term hereof, but in such case, a case Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation Lessee's Share of Lessee under the Operating Expenses (as those terms of this Lease are defined hereinafter) until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Lessee; provided, however, that if Lessor shall not have delivered to Lessee possession of the Premises within sixty ninety (6090) days after the Commencement Datefrom said commencement date, Lessee may, may at its Lessee's option, by notice in writing to Lessor within ten (10) days after following the end expiration of said sixty ninety (6090) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of from Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may In the event of a delay in possession, the Commencement Date shall be otherwise providedthe date on which possession of the Premises is tendered to Lessee, and regardless the term of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run be for sixty (60)months from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lesseesuch date.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefortherefore, 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, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within with said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes charges or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, 1.4 or if no Early Possession Date is specified, by the Commencement 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, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Execution Date. If, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Datedespite said efforts, Lessor is unable to deliver possession as agreed, Lessee 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, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers it receives possession of the Premises to LesseePremises. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Execution Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said such sixty (60) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if . If such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effectterminate. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease the Start Date and Lessee does not terminate this Lease, as aforesaid, the any period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes acts or omissions of Lessee. If possession of the Premises is not delivered within four (4) months after the Execution Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee, in writing.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement 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, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided provided, further, however, that if such written notice of Lessee is not received by Lessor lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefortherefore, 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, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; , provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's ’s right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If Landlord, for any reason Lessor whatsoever, cannot deliver possession of the Premises to Lessee by Tenant in the Early Possession Date, if one is specified in Paragraph 1.4, condition required on or if no Early Possession Date is specified, by before the Estimated Commencement Date, Lessor this Lease shall not be subject to any liability therefor, void or voidable nor shall such failure affect the validity of this Lease, Landlord be liable to Tenant for any resulting loss or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall notdamage. However, except as otherwise provided hereinfor in subsection 2.2(i) above, Tenant shall not be obligated to pay rent or perform liable for any other obligation of Lessee under Rent (as defined in Section 3.1 below) and the terms of this Lease Commencement Date shall not occur until Lessor delivers possession of the Premises are Ready for Occupancy, except that if Landlord’s failure to Lessee. If make the Premises Ready for Occupancy by the Estimated Commencement Date is attributable to any Tenant Delay, then the Commencement Date shall not be advanced to the date on which possession of the Premises is not delivered tendered to Lessee within sixty Tenant, and Landlord shall be entitled to full performance by Tenant (60including the payment of Rent) from the date the Premises would have been Ready for Occupancy but for such Tenant Delays. Notwithstanding anything to the contrary contained in this Lease, if, for any reason other than a Tenant Delay or a Force Majeure Delay (but in no event more than ninety (90) days after of Force Majeure Delays), the Commencement DatePremises are not Ready for Occupancy by November 1, Lessee may2002, at its option, by notice in writing Tenant shall have the right to Lessor within ten (10) days after the end of said sixty (60) day period, cancel terminate this Lease, in which event case neither party shall have any further liability hereunder and Landlord promptly shall refund to Tenant all sums paid by Tenant to Landlord at the parties shall be discharged from all obligations hereunder; provided further, however, time that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate Tenant executed this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement 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, except as otherwise provided herein, be by obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided provided, further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If Landlord, for any reason Lessor whatsoever, cannot deliver possession of the Premises to Lessee Tenant on or before the Estimated Commencement Date set forth in Item 4 of the Basic Lease Provisions, this Lease shall not be void or voidable nor shall Landlord be liable to Tenant for any resulting loss or damage. However, Tenant shall not be liable for any rent until the Commencement Date occurs as provided in Section 3.1 above, except that if Landlord’s failure to substantially complete all work required of Landlord pursuant to Section 3.1(i) above is attributable to any action or inaction by Tenant (including without limitation any “Tenant Delay” as defined in the Work Letter attached to this Lease), then the Premises shall be deemed ready for occupancy, and Landlord shall be entitled to full performance by Tenant (including the payment of rent), as of the date Landlord would have been able to substantially complete such work and deliver the Premises to Tenant but for Tenant’s delay(s). Notwithstanding anything to the contrary contained in this Section 3.2, if for any reason other than “Tenant Delays” (as defined in the Work Letter attached hereto), or other matters beyond Landlord’s reasonable control, the actual Commencement Date has not occurred by the Early Possession date that is 60 days following the Estimated Commencement Date (the “Outside Date”), if one is specified in Paragraph 1.4, or if no Early Possession Date is specifiedthen Tenant may, by written notice to Landlord given at any time thereafter but prior to the actual occurrence of the Commencement Date, Lessor shall not be subject elect to any liability therefor, nor shall such failure affect the validity of terminate this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice the Commencement Date occurs within 10 days after delivery to Landlord of Lessee is not received by Lessor within said ten (10) day periodTenant’s termination notice, Lessee's right to cancel this Lease hereunder shall terminate continue in full force and be of no further force or effect. Except as may be otherwise provided, and regardless of when If the Original Term actually commences, if possession is Commencement Date has not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from occurred within 10 days after the date of delivery of possession Tenant’s termination notice, then this Lease shall terminate as of the 10th day after delivery of the termination notice, and continue for Landlord shall promptly return to Tenant any prepaid rent and/or Security Deposit delivered to Landlord. Notwithstanding the foregoing, if at any time during the construction period, Landlord reasonably believes that the Commencement Date will not occur on or before the Outside Date, Landlord shall have the right to notify Tenant in writing of such fact and of a period equal new Outside Date on or before which the Commencement Date will occur (the “New Outside Date”), and Tenant must elect within 10 days of delivery of such notice to either terminate this Lease or waive its right to terminate this Lease (provided the Commencement Date does occur on or prior to the New Outside Date established by Landlord in such notice to Tenant), Tenant’s failure to elect to terminate this Lease within such 10 day period during which shall be deemed Tenant’s waiver of its right to terminate this Lease as provided in this paragraph as to the Lessee would have otherwise enjoyed under the terms hereoforiginal Outside Date, but minus any days of delay caused not as to the New Outside Date established by the acts, changes or omissions of Lesseesaid notice.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefortherefore, 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, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's ’s right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commencescommenced, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee. See Paragraph 49.g.

DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date. If, despite said efforts , Lesser is unable to deliver possession as agreed, Lessor shall not be subject to any liability therefortherefore, nor shall such failure affect the validity of this Lease, lease or change the obligations of Lessee hereunder, or extend the term hereof, but in such case, Expiration Date. Lessee shall not, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers possession of the Premises to Lessee. If possession and any period of rent abatement that Lessee would otherwise have enjoyed shall run from date of the Premises delivery of possession and continue for a period equal to what Lessee would otherwise have enjoyed, but minus any days of delay caused by the acts or omissions of Lessee, if possession is not delivered to Lessee within sixty (60) 60 days after the Commencement Date, Lessee may, at may as its option, by notice in writing to Lessor within ten (10) 10 days after the end of said sixty (60) such 60 day period, cancel this the Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if . If such written notice of Lessee is not received by Lessor within said ten (10) 10 day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effectterminate. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease the Start Date and Lessee does not terminate this Lease, as aforesaid___________, the any period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of or possession and continue for a period equal to the period during which what the Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes acts or omissions of Lessee. If possession of the premises is not delivered within 4 months after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee in writing.

DELAY IN POSSESSION. If for any reason Lessor cannot Landlord shall be unable to deliver possession of the Premises to Lessee by Tenant on the Early Possession Date, if one is date specified in Paragraph 1.4for commencement of the term hereof (i) because an Occupancy Permit has not been procured, or (ii) because of the holding over or retention of possession of any tenant or occupant, or (iii) if no Early Possession Date is specifiedthe Tenant Improvements are not Substantially Completed, by or (iv) because of the Commencement Dateoperation of a “force majeure” event (as defined below), Lessor or (v) for any reason identified in Exhibit “F” attached hereto, or for any other reason, then in any such case Landlord shall not be subject to any liability thereforto Tenant. Under such circumstances, nor except as set forth in Paragraph 2 above and Exhibit “F” hereto relating to a “Tenant Delay”, the rent reserved and covenanted to be paid herein shall not commence until possession of the Premises is given or the Premises are available for occupancy by Tenant, and no such failure to give possession shall in any other respect affect the validity of this Lease or any obligation of the Tenant hereunder (except as to the date of commencement of accrual of rent). Notwithstanding anything to the contrary in this Lease, if Landlord fails to deliver possession of the Premises to Tenant with the Tenant Improvements Substantially Completed on or before the date which is 180 days after the date of this Lease (subject to a day-for-day extension for each day of Tenant Delay, if any, or the obligations occurrence of Lessee hereundera “force majeure” event) (the “Outside Completion Date”), or extend then, as Tenant’s sole and exclusive remedy, Tenant shall be entitled to an abatement of rent for the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation number of Lessee under days from the terms of this Lease Outside Completion Date until Lessor the date Landlord delivers possession of the Premises to Lessee. If possession of Tenant with the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of LesseeTenant Improvements Substantially Completed.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, Date if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability liabilities 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, except as otherwise provided herein, be obligated to pay rent or for perform any other obligation of Lessee under the of terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties of Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day perioddays, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force notice or effectaffect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days base of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement 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, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers I possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty Thirty (603O) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten two (102) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten two (102) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if [ILLEGIBLE] possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement 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, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, . Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement 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, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within with sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor or 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, except as otherwise provided herein, be obligated to pay rent or perform any other obligation obligations of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date. If, despite said efforts, Lessor is unable to deliver possession as agreed, 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, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers it receives possession of the Premises to LesseePremises. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said such sixty (60) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if . If such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effectterminate. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease the Start Date and Lessee does not terminate this Lease, as aforesaid, the any period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes acts or omissions of Lessee. If possession of the Premises is not delivered by November 1, 2000, this Lease shall terminate unless other agreements are reached between Lessor and Lessee, in writing.

DELAY IN POSSESSION. If Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateon said date and subject to paragraph 3.2.2, Lessor 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, hereunder or extend the term hereof, ; but in such case, Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation of Lessee under the terms Terms of this Lease, except as may be otherwise provided in this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered to Lessee possession of the Premises within sixty thirty (6030) days after the following aid Commencement Date, as the same may be extended under the terms of a Work Letter executed by Lessor and Lessee, Lessee may, at its Lessee's option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided, however, that, as to Lessee's obligations, Lessee first reimburse Lessor for all costs incurred for Non-Standard Improvements and, as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Non-Standard Improve-ment); and provided further, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day days period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or and effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.3.2.1

DELAY IN POSSESSION. If Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateon said date and subject to paragraph 3.2.2, Lessor shall not be subject to any liability therefor, nor not shall such failure affect the validity of this Lease, Lease or the obligations of Lessee hereunder, hereunder or extend the term hereof; but, but in such case, Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, except as may be otherwise provided in this Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered to Lessee possession of the Premises within sixty (60) days after the following said Commencement Date, as the same may be extended under the terms of a Work Letter executed by Lessor and Lessee, Lessee may, at its Lessee's option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided, however that, as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Non-Standard Improvements), and provided further, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateon said date and subject to paragraph 3.2.2, Lessor 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, hereunder or extend the term hereof; but, but in such case, Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, except as may be otherwise provided in this Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered to Lessee possession of the Premises within sixty (60) days after the following said Commencement Date, as the same may be extended under the terms of a Work Letter executed by Lessor and Lessee, Lessee may, at its Lessee's option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided, however, that as to Lessee's obligations, Lessee first reimburses Lessor for all costs incurred for Non-Standard improvements and, as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Non-Standard Improvements); and provided further, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateon said date and subject to paragraph 3.2.2, Lessor 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, hereunder or extend the term hereof, ; but in such case, Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, except as may be otherwise provided in this Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered to Lessee possession of the Premises within sixty (60) days after the following said Commencement Date, as the same may be extended under the terms of a Work Letter executed by Lessor and Lessee, Lessee may, at its Lessee's Initials: /s/ DKH --------- FULL SERVICE-GROSS /s/ SK --------- /s/ AEW option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided, however, that, as to Lessee's obligations, Lessee first reimburses Lessor for all costs incurred for Non-Standard Improvements and, as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Non-Standard Improvements); and provided further, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If Landlord, for any reason Lessor whatsoever, cannot deliver possession of the Premises to Lessee by Tenant on or before the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Estimated Commencement Date, Lessor this Lease shall not be subject to any liability therefor, void or voidable nor shall such failure affect Landlord be liable to Tenant for any resulting loss or damage. However, Tenant shall not be liable for any rent and the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee Commencement Date shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease not occur until Lessor Landlord delivers possession of the Premises and the Premises are in fact available for Tenant's occupancy with any Tenant Improvements that have been approved as per Section 3.1(a) above, except that if Landlord's failure to Lessee. If so deliver possession on the Estimated Commencement Date is attributable to any action or inaction by Tenant (including without limitation any Tenant Delay described in the Work Letter, if any, attached to this Lease), then the Commencement Date shall not be advanced to the date on which possession of the Premises is tendered to Tenant, and Landlord shall be entitled to full performance by Tenant (including the payment of rent) from the date Landlord would have been able to deliver the Premises to Tenant but for Tenant's delay(s). Notwithstanding anything to the contrary contained in this Section 3.2, however, if for any reason other than "Tenant Delays" (as defined in the Work Letter) the Commencement Date has not delivered to Lessee within sixty occurred by the date that is two hundred seventy (60270) days after following the Estimated Commencement Date, then Tenant may, by written notice to Landlord given at any time thereafter but prior to the actual occurrence of the Commencement Date, Lessee may, at its option, by notice in writing elect to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateon said date and subject to paragraph 3.2.2, Lessor 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, hereunder or extend the term hereof; but, but in such case, Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, except as may be otherwise provided in this Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered to Lessee possession of the Premises within sixty (60) days after the following said Commencement Date, as the same may be extended under the terms of a Work Letter executed by Lessor and Lessee, Lessee may, at its Lessee's said Commencement Date, as the same may be extended under the terms of a Work Letter by Lessor and Lessee, Lessee may, at Lessee's ** All square footages are approximate and have been measured by the Lessee prior to the execution of this Lease. *** Notwithstanding this provision, it is reasonable to expect that in the event other occupants or Lessee's of the building violate the rules and regulations of the building in a manner which interferes with Lessee's use and quiet enjoyment of the Premises, Lessor, following notice of such fact by Lessee, shall use reasonable efforts to cause such Lessees or occupants to comply with such rules and regulations. option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided, however, that, as to Lessee's obligations, Lessee first reimburses Lessor for all costs incurred for Non-Standard Improvements and, as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Non-Standard Improvements); and provided further, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If Notwithstanding the Anticipated Commencement Date, if for any reason Lessor Landlord cannot deliver possession of the Premises to Lessee by Tenant with the Early Possession Date, if one Tenant Improvements "substantially completed" (as such term is specified defined in Paragraph 1.44(a)(iii) above) and ready for Tenant to commence the installation of its trade fixtures and Tenant's Personal Property, on or if no Early Possession Date is specifiedbefore said date, by the Commencement 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 Tenant hereunder, or extend the term hereof, but in such case, Lessee Tenant shall not, except as otherwise provided herein, not be obligated to pay rent Monthly Rent or perform any items of Additional Rent other obligation of Lessee under the terms of this Lease than as provided in Paragraph 4(b) above, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Tenant as provided hereinabove; provided, however, if Landlord shall not have delivered to Lessee possession of the Premises as provided hereinabove within sixty one hundred twenty (60120) days after following the Anticipated Commencement DateDate plus periods occurring as a result of delays caused in whole or in part by Tenant or any delays which are beyond Landlord's, Lessee reasonable control, including but not limited to, inclement weather, delays due to strikes, acts of God, inability to obtain labor or materials, inability to secure governmental approvals or permits, governmental restrictions, civil commotion, fire or similar causes, Tenant may, at its option, by notice in writing given to Lessor Landlord within ten fifteen (1015) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee Tenant is not received by Lessor given to Landlord within said ten fifteen (1015) day period, LesseeTenant's right rights to cancel the Lease under this Lease hereunder Paragraph 4(c) shall terminate and be of on no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement 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, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee. 4.

DELAY IN POSSESSION. If Landlord, for any reason Lessor whatsoever, cannot deliver possession of the Premises to Lessee by Tenant on or before the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Estimated Commencement Date, Lessor this Lease shall not be subject to any liability therefor, void or voidable nor shall such failure affect Landlord be liable to Tenant for any resulting loss or damage. However, Tenant shall not be liable for any rent and the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee Commencement Date shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease not occur until Lessor Landlord delivers possession of the Premises and the Premises are in fact available for Tenant's occupancy with any Tenant Improvements that have been approved as per Section 3.1(a) above, except that if Landlord's failure to Lessee. If so deliver possession on the Estimated Commencement Date is attributable to any action or inaction by Tenant (including without limitation any Tenant Delay described in the Work Letter attached to this Lease), then the Commencement Date shall not be advanced to the date on which possession of the Premises is tendered to Tenant, and Landlord shall be entitled to full performance by Tenant (including the payment of rent) from the date Landlord would have been able to deliver the Premises to Tenant but for Tenant's delay(s). If for any reason other than "Tenant Delays" (as defined in the Work Letter) or other matters beyond Landlord's reasonable control, the Commencement Date has not delivered to Lessee within sixty occurred by the date that is one hundred eighty (60180) days after following the Estimated Commencement Date, then Tenant may, by written notice to Landlord given at any time thereafter but prior to the actual occurrence of the Commencement Date, Lessee mayelect to terminate this Lease. Notwithstanding the foregoing, if at its optionany time during the construction period, by notice Landlord reasonably believes that the Commencement Date will not occur on or before one hundred eighty (180) days following the Estimated Commencement Date, Landlord shall notify Tenant in writing to Lessor of such fact and of a new outside date on or before which the Commencement Date will occur, and Tenant must elect within ten (10) days after of receipt of such notice to either terminate this Lease or waive its right to terminate this Lease provided the end of said sixty (60) day period, cancel Commencement Date occurs on or prior to the new outside date established by Landlord in such notice to Tenant. Tenant's failure to elect to terminate this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if Lease within such written notice of Lessee is not received by Lessor within said ten (10) day period, Lesseeperiod shall be deemed Tenant's waiver of its right to cancel terminate this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by provided in this Lease and Lessee does not terminate this Lease, paragraph as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereofprevious outside date, but minus any days of delay caused not as to the new outside date established by the acts, changes or omissions of Lesseesaid notice.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement 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, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty thirty (6030) days after the Commencement Early Possession Date, Lessee may, at its option, by notice in writing to Lessor within ten thirty (1030) days after the end of said sixty thirty (6030) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; , provided further, however, that if such written notice of Lessee is not received by Lessor within said ten thirty (1030) day period, Lessee's ’s right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement 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, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee. 4.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement 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, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) 15 days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of Lessee by Xxxxxx is not received by Lessor within said ten (10) day period, LesseeXxxxxx's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of on delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If Notwithstanding the estimated Commencement Date specified in section 1.9, if for any reason Lessor Landlord cannot deliver possession of the Premises to Lessee by the Early Possession DateTenant on said date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement 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 Tenant hereunder; provided, or extend the term hereofhowever, but in such a case, Lessee Tenant shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation of Lessee Tenant under this Lease, except as may be otherwise provided in this Lease, until possession of the terms of this Lease until Lessor delivers Premises is tendered to Tenant, as defined in section 3.4. If Landlord shall not have tendered possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee Tenant within sixty (60) days after following the estimated Commencement DateDate specified in section 1.9, Lessee as the same may be adjusted in accordance with section 3.3 or in accordance with the terms of any work letter agreement entered into by Landlord and Tenant, Tenant may, at its Tenant's option, by notice in writing to Lessor Landlord within ten (10) days after the end expiration of said the sixty (60) day period, cancel terminate this Lease. If Tenant terminates this Lease as provided in the preceding sentence, in which event the parties shall be discharged from all obligations hereunder; provided further, however, except that if such written notice Landlord shall return any money previously deposited with Landlord by Tenant. If Landlord is unable to deliver possession of Lessee is not received the Premises to Tenant on the Commencement Date due to a "Force Majeure Event," the Commencement Date shall be extended by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the actsForce Majeure Event. A Force Majeure Event shall mean fire, changes earthquake, weather delays or omissions other acts of LesseeGod, strikes, boycotts, war, riot, insurrection, embargoes, shortages of equipment, labor or materials, delays in issuance of governmental permits or approvals, or any other cause beyond the reasonable control of Landlord.

DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date. If, despite said efforts, Lessor is unable to deliver possession as agreed, 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, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers it receives possession of the Premises to Lessee. Premises, If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said such sixty (60) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if If such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effectterminate. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease the Start Date and Lessee does not terminate this Lease, as aforesaid, the any period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes acts or omissions of Lessee.. If possession of the Premises is not delivered within four (4) months after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee, in writing. 3.4

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement 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, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) [ILLEGIBLE] days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateon said date and subject to paragraph 3.2.2, Lessor 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, hereunder or extend the term hereof, ; but in such case, Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, except as may be otherwise provided in this Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered to Lessee possession of the Premises within sixty (60) days after the following said Commencement Date, as the same may be extended under the terms of a Work Letter executed by Lessor and Lessee, Lessee may, at its Lessee's option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided, however, that, as to Lessee's obligations, Lessee first reimburses FULL SERVICE-GROSS REVISED Initials [Illegible] Lessor for all costs incurred for Non-Standard improvements which are those improvements Lessor has not approved and, as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Non-Standard Improvements); and provided further, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, LesseeLessor's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in on said date and subject to Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date3.2.2, Lessor shall not be subject to any liability therefortherefore, nor shall such failure affect the validity of this Lease, lease or the obligations of Lessee hereunder, hereunder or extend the term hereof; but, but in such case, Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, except as may be otherwise provided in this Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered to Lessee possession of the Premises within sixty (60) days after the following said Commencement Date, as the same may be extended under the terms of a Work Letter executed by Lessor and Lessee, Lessee may, may at its lessee's option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, thereafter cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided, however, that, as to lessee's obligations, Lessee first reimburses Lessor for all costs incurred for Non-Standard Improvements and, as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Non-Standard Improvements); and provided further, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease lease hereunder shall terminate and be of no further force or of effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4. or, or if no Early Possession Date is specified, by the Commencement 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, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of at no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement 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, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after alter the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from form all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, . Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be maybe otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee. SEE ADDENDUM ATTACHED.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or if or, it no Early Possession Date is specified, by the Commencement 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, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If It possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Commencement: Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or -2- 3 or, if no Early Possession Date is specified, by the Commencement 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, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the on said Commencement Date, Lessor 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; provided, or extend the term hereofhowever, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until that if Lessor delivers has not delivered possession of the Premises within ninety (90) days from said Commencement Date and said delay in delivery is not due to Lessee. If possession ’s action, or the action of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Dateany governmental agency, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's ’s right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from If the date of delivery of possession and continue for a period equal Possession of the Premises to Lessee is later than the period during which commencement date specified in Paragraph 3.1 above, then the Lessee would have otherwise enjoyed under the terms hereof, but minus any days term of delay caused this Lease shall be extended by the actsnumber of days between the commencement date and such actual delivery date, changes or omissions of Lesseeand Lessor and Lessee shall enter into an amendment to this lease setting forth such new expiration date.

DELAY IN POSSESSION. If Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateon said date and subject to paragraph 3.2.2, Lessor 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, hereunder or extend the term hereof, but but, in such case, Lessee shall not, except as otherwise provided herein, be not obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, except as may be otherwise provided in this Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered to Lessee possession of the Premises within sixty (60) days after the following said Commencement Date, as the same may be extended under the terms of a Work Letter executed by Lessor and Lessee, Lessee may, at its Lessee's option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided, however, that as to Lessee's obligations, Lessee first reimburses Lessor for all costs incurred for Non-Standard Improvements and, as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Non-Standard Improvements); and provided further, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If It for any reason Lessor cannot deliver ------------------- possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if it no Early Possession Date is specified, by the Commencement 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, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; : provided further, however, that if it such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if it possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free tree of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefortherefore, 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, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If , if possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's ’s right to cancel this Lease hereunder shall terminate and be of no further force or effectaffect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, specified by the Commencement 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, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this the Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, . Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event even the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, . Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateon said date and subject to paragraph 3.2.2, Lessor 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, hereunder or extend the term hereof; but, but in such case, Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation obligations of Lessee under the terms of this Lease Lease, except as may be otherwise provided in this Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered to Lessee possession of the Premises within sixty thirty (6030) days after the following said Commencement Date, as the same may be extended under the terms of a Work Letter executed by Lessor and Lessee, Lessee may, at its Lessee's option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided, however, that, as to Lessee's obligations, Lessee first reimburses Lessor for all costs incurred for Non-Standard Improvements and, as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Non-Standard Improvements); and provided further, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if ___ one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement 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, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee. See Addendum 3.3.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, 1.4 or if no Early Possession Date is specified, ; by the Commencement 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, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of the said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within the said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of or possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement 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, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Dateby November 1, 1999, Lessee mayshall, commencing on that date, have the right to occupy, rent and utility-free, either the Second Floor West space (of approximately 5,216 square feet, marked "A" on the attached plan) or the Second Floor East space (of approximately 5 760 square feet, marked "H on the attached plan) (the "Free Space" ), the choice being in the sole discretion of Lessor, provided that, if( the Free Space is also not available for Lessee's occupancy at its option, that time. Lessee may terminate this Lease by written notice in writing to Lessor within without further liability hereunder. Lessee shall vacate the Free Space and move to the Premises no later than ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee from Lessor that the Premises is not received by Lessor within said ten (10) day period, ready for Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effectoccupancy. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateon said date and subject to paragraph 3.2.2, Lessor 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, hereunder or extend the term hereof, ; but in such case, Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, except as may be otherwise provided in this Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered to Lessee possession of the Premises within sixty (60) days after the following said Commencement Date, as the same may be extended under the terms of a Work Letter executed by Lessor and Lessee, Lessee may, at its Lessee's option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided, however, that, as to Lessee's obligations, Lessee first reimburses Lessor for all costs incurred for Non-Standard Improvements and, as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Non-Standard Improvements); and provided further, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date. If, despite said efforts, Lessor is unable to deliver possession as agreed, 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, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers it receives possession of the Premises to LesseePremises. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said such sixty (60) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if . If such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effectterminate. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease the Start Date and Lessee does not terminate this Lease, as aforesaid, the any period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee. If possession of the Premises is not delivered within four (4) months after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee in writing.

DELAY IN POSSESSION. If for any reason Subject to the terms of Exhibit “C” hereto, Lessor cannot agrees to use commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date. If, despite said efforts, Lessor is unable to deliver possession as agreed, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, Lease or change the obligations of Lessee hereunder, or extend the term hereof, but in such case, Expiration Date. Lessee shall not, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers possession of the Premises and any period of rent abatement that Lessee would otherwise have enjoyed shall run from the date of the delivery of possession and continue for a period equal to what Lessee would otherwise have enjoyed, but minus any days of delay caused by the acts or omissions of Lessee. If , subject to Addendum Paragraph 59 and/or Exhibit “C”, possession of the Premises is not delivered to Lessee within sixty (60) 60 days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) 10 days after the end of said sixty (60) such 60 day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if . If such written notice of Lessee is not received by Lessor within said ten (10) 10 day period, Lessee's ’s right to cancel this Lease hereunder shall terminate and be of no further force or effectterminate. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease the Start Date and Lessee does not terminate this Lease, as aforesaid, the any period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes acts or omissions of Lessee. If , subject to Addendum Paragraph 59 and/or Exhibit “C”, possession of the Premises is not delivered within 4 months after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee, in writing.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement 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, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, may at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement 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, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises Premise to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event even the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions omission of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed hereby by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement 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, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.41,4, or or, if no Early Possession Date is specified, by the Commencement 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, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor Lessee Date delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this the Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date. If, despite said efforts, Lessor is unable to deliver possession as agreed, 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, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers it receives possession of the Premises to LesseePremises. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said such sixty (60) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if . If such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effectterminate. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease the Start Date, and Lessee does not terminate this Lease, as aforesaid, the any period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes acts or omissions of Lessee. If possession of the Premises is not delivered within four (4) months after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee, in writing.

DELAY IN POSSESSION. If Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateon said date and subject to paragraph 3.2.2, Lessor 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, hereunder or extend the term hereof; but, but in such case, Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, except as may be otherwise provided in this Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered to Lessee possession of the Premises within sixty (60) days after the following said Commencement Date, as the same may be extended under the terms of a Work Letter executed by Lessor and Lessee and failure to deliver the Premises is solely within Lessor's control, Lessee may, at its Lessee's option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided, however, that as to Lessee's obligations, Lessee first reimburses Lessor for all costs incurred for Non-Standard Improvements and, as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Non-Standard Improvements), and provided further, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, Date if one is specified in Paragraph 1.41.4 or, or if no Early Possession Date is specified, by the Commencement 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, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor Lessee delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the _____ period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement 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, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee. See also paragraphs ?? and 53 of the Addendum to Lease.

DELAY IN POSSESSION. If Landlord, for any reason Lessor whatsoever, cannot deliver possession of the Premises to Lessee by Tenant prior or subsequent to the Early Possession Date, if one is specified Estimated Commencement Date as set forth in Paragraph 1.4, or if no Early Possession Date is specified, by Item 4 of the Basic Lease Provisions (“Estimated Commencement Date”), Lessor this Lease shall not be subject void or voidable nor shall Landlord be liable to Tenant for any resulting loss or damage. However, Tenant shall not be liable for any rent until the Commencement Date occurs as provided in Section 3.1 above, except that if Landlord cannot tender possession of the Premises in accordance with the provisions of Section 3.1(b) above due to any liability thereforaction or inaction of Tenant (including without limitation any Tenant Delay described in the Work Letter, nor shall such failure affect the validity of if any, attached to this Lease), or then the obligations Commencement Date shall be deemed to have occurred and Landlord shall be entitled to full performance by Tenant (including the payment of Lessee hereunder, or extend rent) from the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated date Landlord would have been able to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers so tender possession of the Premises to LesseeTenant but for Tenant’s action or inaction, including without limitation any Tenant Delay described in the attached Work Letter, if any. If possession of Notwithstanding anything to the Premises contrary contained in this Section 3.2, if for any reason other than “Tenant Delays” (as defined in the Work Letter attached hereto), or other matters beyond Landlord’s reasonable control, the actual Commencement Date has not occurred by the date that is not delivered to Lessee within sixty one hundred fifty (60150) days after following the Estimated Commencement Date of this Lease (the “Outside Date”), then Tenant may, by written notice to Landlord given at any time thereafter but prior to the actual occurrence of the Commencement Date, Lessee mayelect to terminate this Lease; provided, however, that if the Commencement Date occurs within ten (10) business days after delivery to Landlord of Tenant’s termination notice, this Lease shall continue in full force and effect. If the Commencement Date has not occurred within ten (10) business days after the date of delivery of Tenant’s termination notice, then this Lease shall terminate as of the tenth (10th) business day after delivery of the termination notice, and Landlord shall promptly return to Tenant any prepaid rent and/or Security Deposit delivered to Landlord. Notwithstanding the foregoing, if at its optionany time during the construction period, by notice Landlord reasonably believes that the Commencement Date will not occur on or before the Outside Date, Landlord shall have the right to notify Tenant in writing to Lessor of such fact and of a new Outside Date on or before which the Commencement Date will occur (the “New Outside Date”), and Tenant must elect within ten (10) days after of delivery of such notice to either terminate this Lease or waive its right to terminate this Lease (provided the end of said sixty (60) day period, cancel Commencement Date does occur on or prior to the New Outside Date established by Landlord in such notice to Tenant). Tenant’s failure to elect to terminate this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if Lease within such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's period shall be deemed Tenant’s waiver of its right to cancel terminate this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by provided in this Lease and Lessee does not terminate this Lease, paragraph as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereoforiginal Outside Date, but minus any days of delay caused not as to the New Outside Date established by the acts, changes or omissions of Lesseesaid notice.

DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver access to and possession of the Premises to Lessee by the Early Possession DateLessee, if one is specified in Paragraph 1.4, or if no Early Possession Date is specifiedWITH LESSOR’S WORK COMPLETED, by the Commencement Date. If, despite said efforts, Lessor is unable to deliver possession as agreed, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, Lease or change the obligations of Lessee hereunder, or extend the term hereof, but in such case, Expiration Date. Lessee shall not, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers possession of the Premises and any period of rent abatement that Lessee would otherwise have enjoyed shall run from the date of the delivery of possession and continue for a period equal to what Lessee would otherwise have enjoyed, but minus any days of delay caused by the acts or omissions of Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) 60 days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) 10 days after the end of such 60 day period: (i) elect to receive an additional abatement of Rent equal to one day for each day of delay beyond said sixty (60) -day period, or (ii) cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if . If such written notice of Lessee is not received by Lessor within said ten (10) 10 day period, Lessee's ’s right to cancel this Lease hereunder shall terminate and be of no further force or effectterminate. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease the Start Date and Lessee does not terminate this Lease, as aforesaid, the any period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes acts or omissions of Lessee. If access to and initial possession of the Premises is not delivered within 4 months after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee, in writing (and upon such termination, all advance Rent and Security Deposit funds deposited by Lessee shall be refunded to Lessee).

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement 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, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, . Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateon said date and subject to paragraph 3.2.2, Lessor 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, hereunder or extend the term hereof; but, but in such case, Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, except as may be otherwise provided in this Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the following said Commencement Date, as the same may be extended under the terms of a Work Letter executed by Lessor and Lessee, Lessee may, at its Lessee's 15 option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided, however, that, as to Lessee's obligations, Lessee first reimburses Lessor for all costs incurred for Non-Standard improvements and, as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Non-Standard improvement(s); and provided further, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless Upon the mutual execution of when the Original Term actually commences, if possession is not tendered this lease Lessor shall submit to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, a tenant improvement schedule identifying the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the estimated occupancy date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date. If, despite said efforts, Lessor is unable to deliver possession as agreed, 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, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers it receives possession of the Premises to LesseePremises. If possession of the Premises is not delivered to Lessee within sixty (60) TERM - continued days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said such sixty (60) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if . If such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effectterminate. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease the Start Date and Lessee does not terminate this Lease, as aforesaid, the any period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes acts or omissions of Lessee. If possession of the Premises is not delivered within four (4) months after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee, in writing.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor Lessee 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, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Date Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.