Common use of DELAY IN POSSESSION Clause in Contracts

DELAY IN POSSESSION. Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee on 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 or the obligations of Lessee hereunder or extend the term hereof; but, in such case, Lessee shall not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease, except as may be otherwise provided in this Lease, until possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered possession of the Premises within ONE HUNDRED TWENTY (120) DAYS following said OCTOBER 1, 1998 COMMENCEMENT DATE, Lessee may, at Lessee's option, by written notice to Lessor within ten (10) days 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 Improvement); and provided further, that if such written notice 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. SEE FIRST ADDENDUM, PARAGRAPH 3 AND PARAGRAPH 4.

DELAY IN POSSESSION. Notwithstanding said Commencement Datecommencement date, if for any reason Lessor cannot deliver possession of the Premises to Lessee on said date and subject to paragraph 3.2.2, Lessor shall not be subject to any liability therefortherefore, nor shall such failure affect the validity of this (his Lease or the obligations of Lessee hereunder or extend the term hereof; but, in such case, Lessee shall not be obligated to pay rent or perform any other obligation of Lessee under the terms of this the Lease, except as may be otherwise provided in this Lease, until possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered possession of the Premises within ONE HUNDRED TWENTY sixty (12060) DAYS days following said OCTOBER 1Commencement Date, 1998 COMMENCEMENT DATE, Lessee may, at as the same may be extended under the terms of a Work Letter executed by Lessor and Lessee's option, by written notice in writing to Lessor within ten (10) days thereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; 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 Improvementimprovements); and provided further, that if such written notice by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall shell terminate and be of no further force or effect. SEE FIRST ADDENDUM, PARAGRAPH 3 AND PARAGRAPH 4.

DELAY IN POSSESSION. Notwithstanding said Commencement Date, if for any reason reasons Lessor cannot deliver possession of the Premises to Lessee on 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 or the obligations of Lessee hereunder or extend the term hereof; but, in such case, Lessee shall not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease, except as may be otherwise provided in this Lease, until possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered possession of the Premises within ONE HUNDRED TWENTY sixty (12060) DAYS days following said OCTOBER 1Commencement Date, 1998 COMMENCEMENT DATEas the same may be extended under the terms of a Work Letter executed by Lessor and Lessee, Lessee may, at Lessee's option, by written notice in writing to Lessor within ten (10) days thereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; 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 ImprovementImprovements); and provided further, that if such written notice 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. SEE FIRST ADDENDUM, PARAGRAPH 3 AND PARAGRAPH 4.

DELAY IN POSSESSION. Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee on 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 or the obligations of Lessee hereunder or extend the term hereof; but, in such case, Lessee shall not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease, except as may be otherwise provided in this Lease, until possession of the Premises is tendered to Lessee, as FULL SERVICE-GROSS hereinafter defined; provided, however, that if Lessor shall not have delivered possession of the Premises within ONE HUNDRED TWENTY (120) DAYS following said OCTOBER 1, 1998 COMMENCEMENT DATE, Lessee may, at Lessee's option, by written notice in writing to Lessor within ten (10) days thereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided, however, that, as to Lessee's obligations, Lessee first reimburses Lessor for all costs incurred for Non-Standard Improvements improvements and, as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Non-Standard Improvementimprovements); and provided further, that if such written notice 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. SEE FIRST ADDENDUM, PARAGRAPH 3 AND PARAGRAPH 4.

DELAY IN POSSESSION. Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee on 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 or the obligations of Lessee hereunder or extend the term hereof; but, in such case, Lessee shall not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease, except as may be otherwise provided in this Lease, until possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered possession of the Premises within ONE HUNDRED TWENTY sixty (12060) DAYS days following said OCTOBER 1Commencement Date, 1998 COMMENCEMENT DATEas the same may be extended under the terms of a Work Letter executed by Lessor and Lessee, Lessee may, at Lessee's ’s option, by written notice in writing to Lessor within ten (10) days thereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; 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 Lessors obligations, Lessor shall return any money previously deposited by Lessee within ten (less any offsets due Lessor for Non-Standard Improvement)10) days; and provided further, that if such written notice by 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. SEE FIRST ADDENDUM, PARAGRAPH 3 AND PARAGRAPH 4.

DELAY IN POSSESSION. Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee on 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 or the obligations of Lessee hereunder or extend the term hereof; but, in such case, Lessee shall not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease, except as may be otherwise provided in this Lease, until possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered possession of the Premises within ONE HUNDRED TWENTY sixty (12060) DAYS days following said OCTOBER 1Commencement Date, 1998 COMMENCEMENT DATEas the same may be extended under the terms of a Work Letter executed by Lessor and Lessee, Lessee may, at Lessee's option, by written notice in writing to Lessor within ten (10) days thereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; 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 ImprovementImprovements); and provided further, that if such written notice 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. SEE FIRST ADDENDUM, PARAGRAPH 3 AND PARAGRAPH 4.

DELAY IN POSSESSION. Notwithstanding said Commencement DateXxxx, if for any reason Lessor cannot deliver possession of the Premises to Lessee on 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 or the obligations of Lessee hereunder or extend the term hereof; , but, in In such case, Lessee shall not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease, except as may be otherwise provided in this Lease, until possession of the Premises is tendered to Lessee, as hereinafter defined; , provided, however, that if it Lessor shall not have delivered possession of the Premises within ONE HUNDRED TWENTY sixty (12060) DAYS days following said OCTOBER 1Commencement Date, 1998 COMMENCEMENT DATEas the same may be extended under the terms of a Work Letter executed by Lessor and Lessee, Lessee may, at Lessee's option, by written notice in writing to Lessor within ten (10) days thereafter, cancel this Lease, in which event the parties parries 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 ImprovementNonstandard Improvements); and provided further, that if such written notice by Lessee is not received by Lessor within said ten (10110) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. SEE FIRST ADDENDUM, PARAGRAPH 3 AND PARAGRAPH 4.

DELAY IN POSSESSION. Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee on 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 or the obligations of Lessee hereunder or extend the term hereof; but, but in such case, Lessee shall not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease, except as may be otherwise provided in this Lease, until possession of the Premises is tendered to Lessee, as hereinafter definedCommencement Date; provided, however, that if Lessor shall not have delivered possession Tender of Possession of the Premises within ONE HUNDRED TWENTY by Lessor to Lessee does not occur on or prior to December 31, 2000 (120which date may be extended for force majeure events) DAYS following said OCTOBER 1, 1998 COMMENCEMENT DATE, ("Cancellation Date") Lessee may, at Lessee's option, by written notice in writing to Lessor within ten (10) days thereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; 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 ImprovementImprovements); and provided further, that if such written notice 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. SEE FIRST ADDENDUM, PARAGRAPH 3 AND PARAGRAPH 4.

DELAY IN POSSESSION. Notwithstanding said Commencement Datecommencement date, if for any reason Lessor cannot deliver possession of the Premises to Lessee on said date and subject to paragraph 3.2.2date, 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; buthereunder, but in such case, Lessee shall not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease, except as may be otherwise provided in this Lease, until possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall has not have delivered possession of the Premises within ONE HUNDRED TWENTY thirty (12030) DAYS following days from said OCTOBER 1commencement date and said delay in delivery is not due to Lessee's action, 1998 COMMENCEMENT DATEor the action of any governmental agency, Lessee may, at Lessee's its option, by written notice in writing to Lessor within ten (10) days thereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; providedprovided further, 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); and provided further, that if such written notice by 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. SEE FIRST ADDENDUMIf the date of delivery of Possession of the Premises to Lessee is later than the commencement date specified in Paragraph 3.1 above, PARAGRAPH 3 AND PARAGRAPH 4then the term of this Lease shall be extended by the number of days between the commencement date and such delivery date, and Lessor and Lessee shall enter into an amendment to this lease setting forth such new expiration date.

DELAY IN POSSESSION. Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee on 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 or the obligations of Lessee hereunder or extend the term hereof; but, in such case, Lessee shall not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease, except as may be otherwise provided in this Lease, until possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered possession of the Premises within ONE HUNDRED TWENTY sixty (12060) DAYS days following said OCTOBER 1Commencement Date, 1998 COMMENCEMENT DATEas the same may be extended under the terms of a Work Letter executed by Lessor and Lessee, Lessee may, at Lessee's option, by written notice in writing to Lessor within ten (10) days thereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided, however, 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 ImprovementImprovements); , and provided further, that if such written notice 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. SEE FIRST ADDENDUM, PARAGRAPH 3 AND PARAGRAPH 4.

DELAY IN POSSESSION. Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee on said date and subject to paragraph 3.2.2Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend the term hereof; but, in such case, Lessee shall not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease, except as may be otherwise provided in this Lease, until possession of the Premises is tendered to Lessee, as hereinafter definedhereunder; provided, however, that if Lessor shall has not have delivered possession of the Premises within ONE HUNDRED TWENTY ninety (12090) DAYS following days from said OCTOBER 1Commencement Date and said delay in delivery is not due to Lessee’s action, 1998 COMMENCEMENT DATEor the action of any governmental agency, Lessee may, at Lessee's its option, by written notice in writing to Lessor within ten (10) days thereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; providedprovided further, 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); and provided further, that if such written notice by 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. SEE FIRST ADDENDUMIf the date of delivery of Possession of the Premises to Lessee is later than the commencement date specified in Paragraph 3.1 above, PARAGRAPH 3 AND PARAGRAPH 4then the term of this Lease shall be extended by the number of days between the commencement date and such actual delivery date, and Lessor and Lessee shall enter into an amendment to this lease setting forth such new expiration date.

DELAY IN POSSESSION. Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee on 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 or the obligations of Lessee hereunder or extend the term hereof; but, but in such case, Lessee shall not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease, except as may be otherwise provided in this Lease, until possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered possession of the Premises within ONE HUNDRED TWENTY sixty (12060) DAYS days following said OCTOBER 1Commencement Date, 1998 COMMENCEMENT DATEas the same may be extended under the terms of a Work Letter executed by Lessor and Lessee, Lessee may, at Lessee's option, by written notice in writing to Lessor within ten (10) days thereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; 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 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 ImprovementImprovements); and provided further, that if such written notice 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. SEE FIRST ADDENDUM, PARAGRAPH 3 AND PARAGRAPH 4.

DELAY IN POSSESSION. Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee on 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 or the obligations of Lessee hereunder or extend the term hereof; --but, in such case, Lessee shall not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease, except as may be otherwise provided in this Lease, until possession of the Premises is tendered to Lesseelessee as herein under defined, as hereinafter defined; provided, however, that if Lessor shall not have delivered possession of the Premises within ONE HUNDRED TWENTY sixty (12060) DAYS days following said OCTOBER 1Commencement Date, 1998 COMMENCEMENT DATEas the same may be extended under the terms of work Letter executed by Lessor and Lessee, Lessee may, at Lessee's option, option by written notice in writing to Lessor within ten (10) days thereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; 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 Nonnon-Standard Improvementstandard Improvements); and provided further, that if such written notice 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. SEE FIRST ADDENDUM, PARAGRAPH 3 AND PARAGRAPH 4.

DELAY IN POSSESSION. Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee on 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 or the obligations of Lessee hereunder or extend the term hereof; but, in such case, Lessee shall not be obligated to pay rent or perform any other obligation obligations of Lessee under the terms of this Lease, except as may be otherwise provided in this Lease, until possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered possession of the Premises within ONE HUNDRED TWENTY sixty (12060) DAYS days following said OCTOBER 1Commencement Date, 1998 COMMENCEMENT DATEas the same may be extended under the terms of a Work Letter executed by Lessor and Lessee, Lessee may, at Lessee's option, by written notice in writing to Lessor within ten (10) days thereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided, however, that, that as to Lessee's obligations, Lessee first reimburses Lessor for all costs incurred for Non-Standard Improvements improvements and, as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Non-Non- Standard ImprovementImprovements); and provided further, that if such written notice 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. SEE FIRST ADDENDUM, PARAGRAPH 3 AND PARAGRAPH 4.

DELAY IN POSSESSION. Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee on 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 or the obligations of Lessee hereunder or extend the term hereof; but, in such case, Lessee shall not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease, except as may be otherwise provided in this Lease, until possession of the Premises is tendered to Lesseewithin sixty (60) days following said Commencement Date, as hereinafter defined; provided, however, that if the same may be extended under the terms of a Work Letter executed by Lessor shall not have delivered possession of the Premises within ONE HUNDRED TWENTY (120) DAYS following said OCTOBER 1, 1998 COMMENCEMENT DATEand Lessee, Lessee may, at Lessee's 15 option, by written notice in writing to Lessor within ten (10) days thereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided, however, that, as to Lessee's obligations, Lessee first reimburses Lessor for all costs incurred for Non-Standard Improvements improvements and, as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Non-Standard Improvementimprovement(s); and provided further, that if such written notice 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. SEE FIRST ADDENDUM, PARAGRAPH 3 AND PARAGRAPH 4Upon the mutual execution of this lease Lessor shall submit to Lessee a tenant improvement schedule identifying the estimated occupancy date of Lessee.

DELAY IN POSSESSION. Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee on 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 or the obligations of Lessee hereunder or extend the term hereof; but, but in such case, Lessee shall 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, Lease until possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered possession of the Premises within ONE HUNDRED TWENTY thirty (12030) DAYS days following said OCTOBER 1aid Commencement Date, 1998 COMMENCEMENT DATEas the same may be extended under the terms of a Work Letter executed by Lessor and Lessee, Lessee may, at Lessee's option, by written notice in writing to Lessor within ten (10) days thereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided, however, that, as to Lessee's obligations, Lessee first reimburses 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 ImprovementImprove-ment); and provided further, that if such written notice 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. SEE FIRST ADDENDUM, PARAGRAPH 3 AND PARAGRAPH 4.

DELAY IN POSSESSION. Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee on said date and subject to paragraph 3.2.23.2.(b), Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend the term hereof; but, in such case, Lessee shall not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease, except as may be otherwise provided in this Lease, until possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered possession of the Premises within ONE HUNDRED TWENTY sixty (12060) DAYS days following said OCTOBER 1Commencement Date, 1998 COMMENCEMENT DATEas the same may be extended under the terms of a Work Letter executed by Lessor and Lessee, Lessee may, at Lessee's optionoption by notice in writing to Lessor, by written notice to Lessor within ten (10) days thereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided, however, that, provided however that as to Lessee's obligations, Lessee first reimburses Lessor for all costs incurred for Non-Standard Improvements and, improvements and as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets effects due Lessor for Non-Standard Improvementimprovements); and provided further, further that if such written notice by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease Lessee hereunder shall terminate and be of no further force or and effect. SEE FIRST ADDENDUM, PARAGRAPH 3 AND PARAGRAPH 4.3.2

DELAY IN POSSESSION. Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee on said date and subject to paragraph 3.2.23.3.2, 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, but in such case, Lessee shall not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease, except as may be otherwise provided in this Lease, until possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall has not have delivered possession of the Premises within ONE HUNDRED TWENTY one hundred twenty (120) DAYS days following said OCTOBER 1Commencement Date, 1998 COMMENCEMENT DATEas the same may be extended by written agreement between Lessor and Lessee, Lessee may, at Lessee's option, cancel this Lease, by written giving notice in writing to Lessor within ten (10) days thereafterafter the 120 days following the Commencement Date, cancel this Leaseas extended, in which event the parties shall be discharged from all obligations hereunder; provided, however, that, as to Lessee's obligations, Lessee shall first reimburses reimburse Lessor for all costs incurred for Non-Standard Lessee Improvements (as defined in Exhibit C) and, as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Non-Standard ImprovementLessee Improvements); and provided further, that if such written notice 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. SEE FIRST ADDENDUM, PARAGRAPH 3 AND PARAGRAPH 4.

DELAY IN POSSESSION. Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee on 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 the Lease or the obligations of Lessee hereunder or extend the term hereof; but, in such case, Lessee shall not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease, except as may be otherwise provided in this Lease, until possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered possession of the Premises within ONE HUNDRED TWENTY sixty (12060) DAYS days following said OCTOBER 1Commencement Date, 1998 COMMENCEMENT DATEas the same may be extended under the terms of a Work Letter executed by Lessor and Lessee, Lessee may, at Lessee's option, by written notice in writing to Lessor within ten (10) days thereafter, cancel this Lease, in . 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 improvements and, as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Non-Standard ImprovementImprovements); and provided further, that if such written notice by Lessee is not received by Lessor within said ten the (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. SEE FIRST ADDENDUM, PARAGRAPH 3 AND PARAGRAPH 4.

DELAY IN POSSESSION. Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee on said date and subject to paragraph 3.2.2, 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 be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease, except as may be otherwise provided in this Lease, until possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered possession of the Premises within ONE HUNDRED TWENTY sixty (12060) DAYS days following said OCTOBER 1Commencement Date, 1998 COMMENCEMENT DATEas the same may be extended under the terms of a Work Letter executed by Lessor and Lessee, Lessee may, may at Lessee's option, by written notice in writing to Lessor within ten (10) days thereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided, however, that, as to Lessee's obligations, Lessee first reimburses Lessor for all costs incurred for Non-Standard Improvements improvements and, as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Non-Standard Improvementimprovements); and provided further, that if such written notice 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 effect. SEE FIRST ADDENDUM, PARAGRAPH 3 AND PARAGRAPH 4.

DELAY IN POSSESSION. Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee on said date and subject to paragraph 3.2.23.2(b), Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend the term hereof; , but, in such case, Lessee shall not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease, except as may be otherwise provided in this Lease, until possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered possession of the Premises within ONE HUNDRED TWENTY sixty (12060) DAYS days following said OCTOBER 1Commencement Date, 1998 COMMENCEMENT DATEas the same may be extended under the terms of a Work Letter executed by Lessor and Lessee, Lessee may, at Lessee's optionoption by notice in writing to Lessor, by written notice to Lessor within ten (10) days thereafter, cancel this Leaselease, in which event the parties shall be discharged from all obligations hereunder; provided, however, that, provided however that as to Lessee's obligations, Lessee first reimburses Lessor for all costs incurred for Non-Standard Improvements and, improvements and as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Non-Standard ImprovementImprovements); and provided further, further that if such written notice 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. SEE FIRST ADDENDUM, PARAGRAPH 3 AND PARAGRAPH 4.if