Common use of DELAY IN POSSESSION Clause in Contracts

DELAY IN POSSESSION. If Landlord, for any reason whatsoever, cannot deliver possession of the Premises to Tenant on or before forty-five (45) days prior to the Estimated Commencement Date, 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 and the Commencement Date shall not occur except as expressly provided in Section 3.1 above, except that if Landlord's failure to deliver possession with the Tenant Improvements "Substantially Completed" on or before forty-five (45) days prior to the Estimated Commencement Date is attributable to any Tenant Delay described in the Work Letter attached to this Lease, then the Commencement Date shall not be advanced to the date which is forty-five (45) days following 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 which is forty-five (45) days following the date which 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 occurred by the date that is ninety (90) days 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, elect to terminate this Lease. Notwithstanding the foregoing, if at any time during the construction period, Landlord reasonably believes that the Commencement Date will not occur on or before ninety (90) days following the Estimated Commencement Date, Landlord shall notify Tenant in writing 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 of receipt of such notice to either terminate this Lease or waive its right to terminate this Lease provided the 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 within such ten (10) day period shall be deemed Tenant's waiver of its right to terminate this Lease as provided in this paragraph as to the previous outside date, but not as to the new outside date established by said notice. In all events, Landlord shall diligently and in good faith construct the Tenant Improvements in accordance with the requirements of the Work Letter attached hereto.

DELAY IN POSSESSION. If Landlord, for any reason whatsoever, cannot deliver possession of the Premises to Tenant on prior or before forty-five (45) days prior subsequent to the Estimated Commencement Date as set forth in Item 4 of the Basic Lease Provisions (“Estimated Commencement Date”), 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 and until the Commencement Date shall not occur except occurs as expressly provided in Section 3.1 above, except that if Landlord's failure to deliver Landlord cannot tender possession of the Premises in accordance with the provisions of Section 3.1(b) above due to any action or inaction of Tenant Improvements "Substantially Completed" on or before forty-five (45) days prior to the Estimated Commencement Date is attributable to including without limitation any Tenant Delay described in the Work Letter Letter, if any, attached to this Lease), then the Commencement Date shall not be advanced deemed to the date which is forty-five (45) days following the date on which possession of the Premises is tendered to Tenant, have occurred and Landlord shall be entitled to full performance by Tenant (including the payment of rent) from the date which is forty-five (45) days following the date which Landlord would have been able to deliver so tender possession of the Premises to Tenant but for Tenant's delay(s)’s action or inaction, including without limitation any Tenant Delay described in the attached Work Letter, if any. If 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) Letter attached hereto), or other matters beyond Landlord's ’s reasonable control, the actual Commencement Date has not occurred by the date that is ninety one hundred twenty (90120) days following the Estimated Commencement Date (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, elect 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 any time during the construction period, Landlord reasonably believes that the Commencement Date will not occur on or before ninety (90) days following the Estimated Commencement Outside Date, Landlord shall have the right to notify Tenant in writing of such fact and of a new outside date Outside Date on or before which the Commencement Date will occuroccur (the “New Outside Date”), and Tenant must elect within ten (10) days of receipt delivery of such notice to either terminate this Lease or waive its right to terminate this Lease (provided the Commencement Date occurs does occur on or prior to the new outside date Outside Date established by Landlord in such notice to Tenant). Tenant's ’s failure to elect to terminate this Lease within such ten (10) day period shall be deemed Tenant's ’s waiver of its right to terminate this Lease as provided in this paragraph as to the previous outside dateoriginal Outside Date, but not as to the new outside date New Outside Date established by said notice. In all events, Landlord shall diligently and in good faith construct the Tenant Improvements in accordance with the requirements of the Work Letter attached hereto.

DELAY IN POSSESSION. If Landlord, for any reason whatsoever, cannot deliver possession of the Premises to Tenant on or before forty-five (45) days prior to the Estimated Commencement Date, 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 and the Commencement Date shall not occur except as expressly provided in Section 3.1 above, except that if Landlord's failure to deliver possession with the Tenant Improvements "Substantially Completed" on or before forty-five (45) days prior to the Estimated Commencement Date is attributable to any Tenant Delay described in the Work Letter attached to this Lease, then the Commencement Date shall not be advanced to the date which is forty-five (45) days following 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 which is forty-five (45) days following the date which 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" a Tenant-Caused Delay, as described in Addendum 2, Section 5(d)) Landlord has not achieved Substantial Completion (as defined in the Work LetterAddendum 2, Section 5(a)) or other matters beyond Landlord's reasonable control, the Commencement Date has not occurred by the date that is ninety (90) days 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 DateLandlord Improvements (as defined in Addendum 2, elect Section 1(a)) by January 1, 2009, Tenant shall have no right to terminate this LeaseLease or to pursue any other rights or remedies against Landlord, but in such event Tenant shall have the following rights: Tenant may lease other premises (the “Other Premises”) which Tenant determines, in good faith, are necessary to meet the demands of Tenant’s business operations. The selection of the Other Premises shall be made solely by Tenant, but in negotiating a lease for the Other Premises, Tenant shall take into consideration the amount of time which is then estimated by Landlord to achieve Substantial Completion of the Landlord Improvements. Tenant will provide Landlord with a copy of the proposed lease for the Other Premises before Tenant executes same, and will give due consideration to any comments which Landlord may provide as long as such comments are provided to Tenant within three (3) business days after the copy of the proposed lease (or any revised drafts thereof) are delivered to Landlord. Tenant will act reasonably in attempting to lease the Other Premises at the lowest cost available (which not only refers to amount of rent and pass-through expenses, but also to the term of the lease) while still meeting Tenant’s anticipated business requirements. Notwithstanding the foregoing, if Landlord acknowledges that Tenant will have limited alternatives for Other Premises and that Tenant shall have sole discretion in entering into a lease for the Other Premises. Landlord agrees to reimburse Tenant for the actual costs incurred by Tenant for the Other Lease, not to exceed $2,200,000 in total. Such reimbursement will be limited to base rent and pass-throughs (of taxes, insurance and operating or common area expenses), and shall not include any legal or other professional fees for negotiating such lease, moving expenses, fixturizing expenses or any expenses which relate to Tenant’s business operations (e.g. utilities and services). Landlord will, at any time during Landlord’s option, either pay such costs directly to the construction periodlandlord of the Other Premises when due, Landlord reasonably believes that the Commencement Date or will not occur on or before ninety reimburse Tenant for such costs within five (905) days following after receipt of demand from Tenant (and documentation evidencing the Estimated Commencement Dateexpenditure by Tenant of such costs). If Tenant enters into a lease of the Other Premises, it will use best efforts to secure the prior approval of the landlord thereunder to allow the assignment of the lease or a sublease of the Other Premises after Tenant vacates the Other Premises, either without such landlord’s consent, or subject to as minimal approval rights as possible. Further, the provisions of Addendum 4, Section 7 shall apply to the Other Lease to the same extent as they apply to the Prior Lease (except for those which by their nature only apply to the Prior Lease). Landlord acknowledges that Tenant will be required to order certain equipment (the “Pre-Ordered Equipment”) in advance of the date of Substantial Completion of the Landlord Improvements. After ordering the Pre-Ordered Equipment, Tenant will advise Landlord of the nature of the Pre-Ordered Equipment and its anticipated delivery date, and will provide Landlord with periodic status reports. Tenant will use reasonable commercial efforts to delay the delivery of the Pre-Ordered Equipment if the date of Substantial Completion of the Landlord Improvements is delayed, provided that any out-of-pocket cost of such delay in delivery shall be paid or reimbursed to Tenant by Landlord. If Landlord has not achieved Substantial Completion of the Landlord Improvements (other than because of a Tenant-Caused Delay) by January 1, 2009, Landlord shall notify be responsible to pay or reimburse Tenant for the storage of the Pre-Ordered Equipment until such time as it can be properly installed at the Premises. In this regard, Landlord may elect to have the Pre-Ordered Equipment stored within the Premises (if lawfully permitted to do so and if the storage area can be reasonably secured) or Landlord may direct that it be stored at another location reasonably selected by Tenant but in writing Tenant’s sole discretion. Landlord will pay the costs of such fact and storage (if not on the Premises), the costs of a new outside date on or before which delivery of the Commencement Date will occur, and Tenant must elect within ten (10) days of receipt of such notice to either terminate this Lease or waive its right to terminate this Lease provided the Commencement Date occurs on or prior Pre-Ordered Equipment to the new outside date established by Landlord in such notice to Tenant. Tenant's failure to elect to terminate this Lease within such ten Premises (10) day period shall be deemed Tenant's waiver of its right to terminate this Lease as provided in this paragraph as to the previous outside dateif stored offsite), but not as the cost of installation or the cost of delivery to the new outside date established by said noticePremises if storage is on-site), and Tenant’s cost of insuring same. In all events, Landlord shall diligently and have no liability to Tenant for any loss or any damage to the Pre-Ordered Property (including but not limited to any claims for lost profits or other consequential damages) during the period of storage or during transit from any on-site storage location to the Premises, from any cause whatsoever (any potential claims of Tenant in good faith construct that regard being expressly waived by Tenant), whether stored on the Premises or elsewhere, it being understood that Tenant Improvements will look solely to its insurance carrier in accordance with the requirements event of any such loss. Landlord’s obligation to pay or reimburse Tenant for the cost of storage of the Work Letter attached heretoPre-Ordered Equipment shall end when Landlord has achieved Substantial Completion of the Landlord Improvements and, if stored offsite, the Pre-Ordered Equipment has been delivered to the Premises (which shall be done promptly by Tenant upon receipt of notice from Landlord of the date of Substantial Completion).

DELAY IN POSSESSION. If Landlord, for any reason whatsoever, cannot deliver possession of the Premises to Tenant on or before forty-five (45) days prior to the Estimated Commencement Date, 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 and the Commencement Date shall not occur except until 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 expressly provided in per Section 3.1 3.1(a) above, except that if Landlord's failure to so deliver possession with the Tenant Improvements "Substantially Completed" on or before forty-five (45) days prior to the Estimated Commencement Date is attributable to any "Tenant Delay described Delay" as defined in the Work Letter attached to this Lease, then the Commencement Date shall not be advanced to the date which is forty-five (45) days following 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 which is forty-five (45) days following the date which Landlord would have been able to deliver the Premises to Tenant but for Tenant's delay(s). If 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) Delays or other matters beyond Landlord's reasonable control, the actual Commencement Date has not occurred by the date that is ninety one hundred fifty (90150) days 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, elect to terminate this Lease. Notwithstanding the foregoing, if at any time during the construction period, Landlord reasonably believes that the Commencement Date will not occur on or before ninety one-hundred fifty (90150) days following the Estimated Commencement Date, Landlord shall may notify Tenant in writing 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 of receipt of such notice to either terminate this Lease or waive its right to terminate this Lease provided the 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 within such ten (10) day period shall be deemed Tenant's waiver of its right to terminate this Lease as provided in this paragraph as to the previous outside date, but not as to the new outside date established by said notice. In all events, Landlord shall diligently and in good faith construct the Tenant Improvements in accordance with the requirements of the Work Letter attached hereto.

DELAY IN POSSESSION. If Landlord, for any reason whatsoever, cannot deliver possession In the event that the Substantial Completion of the Premises to Tenant on or before forty-five (45) days prior to the Estimated Commencement Date, 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 and the Commencement Date shall not occur except as expressly provided in Section 3.1 above, except that if Landlord's failure to deliver possession with the Tenant Improvements "Substantially Completed" on or before forty-five (45) days prior to the Estimated Commencement Date is attributable to any Tenant Delay described in the Work Letter attached to this Lease, then the Commencement Date shall not be advanced to the date which is forty-five (45) days following 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 which is forty-five (45) days following the date which 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 occurred by the "OUTSIDE TERMINATION DATE," which shall be March 1, 2000, as such March 1, 2000 date that is may be extended by the number of days of Tenant Delays and by the number of days of Force Majeure Delays (but only up to a maximum of ninety (90) days following the Estimated Commencement Datefor Force Majeure Delays), then the sole remedy of Tenant may, by written (except as provided in Section 7.2 of the Work Letter Agreement) shall be the right to deliver a notice to Landlord given (the "OUTSIDE DATE TERMINATION NOTICE") electing to terminate this Lease effective upon receipt of the Outside Date Termination Notice by Landlord. Except as provided hereinbelow, the Outside Date Termination Notice must be delivered by Tenant to Landlord, if at any time thereafter but all, not earlier than the Outside Termination Date and not later than ten (10) business days after the Outside Termination Date. If prior to the actual occurrence Outside Termination Date Landlord determines that Substantial Completion of the Commencement Date, elect to terminate this Lease. Notwithstanding Improvements in the foregoing, if at any time during the construction period, Landlord reasonably believes that the Commencement Date Premises will not occur on or before ninety (90) days following by the Estimated Commencement Outside Termination Date, Landlord shall notify have the right to deliver a written notice to Tenant stating Landlord's opinion as to the date by which Substantial Completion of the Improvements in writing of such fact and of a new outside date on or before which the Commencement Date will occur, Premises shall occur and Tenant must elect shall be required, within ten (10) business days of after receipt of such notice notice, to either terminate deliver the Outside Date Termination Notice (which will mean that this Lease shall thereupon terminate) or waive its right agree to terminate this Lease provided extend the Commencement Outside Termination Date occurs on or prior to the new outside that date established which is set by Landlord Landlord. Failure of Tenant to so respond in such notice to Tenant. Tenant's failure to elect to terminate this Lease writing within such ten (10) said five business day period shall be deemed to constitute Tenant's waiver of its agreement to extend the Outside Termination Date to that date which is set by Landlord. If the Outside Termination Date is so extended, Landlord's right to request Tenant to elect to either terminate or further extend the Outside Termination Date shall remain and shall continue to remain, with each of the notice periods and response periods set forth above, until the Substantial Completion of the Improvements in the Premises or until this Lease as provided in is terminated. If this paragraph as Lease is terminated, neither party shall have any further obligation to the previous outside dateother, but not as except that Landlord shall, within thirty (30) days after such termination, pay to Tenant an amount equal to the new outside date established product of Five Thousand Dollars ($5,000.00) multiplied by said notice. In all events, Landlord shall diligently and in good faith construct the Tenant Improvements in accordance with number of days from the requirements Outside Date (as extended pursuant to Section 7.2 of the Work Letter attached heretoAgreement) until the date of termination.

DELAY IN POSSESSION. If LandlordNotwithstanding the estimated Commencement Date specified in Section 1.10, if for any reason whatsoever, Landlord cannot deliver possession of the Premises to Tenant on said date or before forty-five (45) days prior to the Estimated Commencement Dateany other date, this Lease except as expressly set forth in Exhibit D, Landlord shall not be void or voidable subject to any liability therefor, nor shall Landlord be liable to such failure affect the validity of this Lease or the obligations of Tenant for any resulting loss or damage. Howeverhereunder; provided, however, in such a case, Tenant shall not be liable for obligated to pay rent or perform any rent and the Commencement Date shall not occur except as expressly provided in Section 3.1 above, except that if Landlord's failure to deliver possession with the other obligation of Tenant Improvements "Substantially Completed" on or before forty-five (45) days prior to the Estimated Commencement Date is attributable to any Tenant Delay described in the Work Letter attached to under this Lease, then the Commencement Date shall not except as may be advanced to the date which is forty-five (45) days following the date on which otherwise provided in this Lease, until possession of the Premises is tendered to Tenant, and as defined in Section 3.4. If Landlord shall be entitled to full performance by Tenant (including the payment not have tendered possession of rent) from the date which is forty-five (45) days following the date which 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 occurred by the date that is ninety (90) within 60 days following the Estimated estimated Commencement DateDate specified in Section 1.10, then as the same may be adjusted in accordance with this Section 3.2 or Section 3.3 or in accordance with the terms of any work letter agreement attached to this Lease, Tenant may, at Tenant's option, by written notice in writing to Landlord given at any time thereafter but prior to the actual occurrence of the Commencement Date, elect to terminate this Lease. Notwithstanding the foregoing, if at any time during the construction period, Landlord reasonably believes that the Commencement Date will not occur on or before ninety (90) days following the Estimated Commencement Date, Landlord shall notify Tenant in writing 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 the expiration of receipt of such notice to either the 60 day period, terminate this Lease or waive its right to terminate Lease. If Tenant terminates this Lease as provided in the Commencement Date occurs on or prior to preceding sentence, the new outside date established parties shall be discharged from all obligations hereunder, except that Landlord shall return any money previously deposited with Landlord by Tenant; and provided further, that if such written notice by Txxxxx is not received by Landlord in such notice to Tenant. Tenant's failure to elect to terminate this Lease within such said ten (10) day period period, Tenant shall be deemed Tenant's waiver of its not have the right to terminate this Lease as provided above unless Landlord fails to tender possession of the Premises to Tenant within 120 days following the estimated Commencement Date specified in Section 1.10, as the same may be adjusted in accordance with this paragraph as to the previous outside date, but not as to the new outside date established by said notice. In all events, Landlord shall diligently and in good faith construct the Tenant Improvements Section 3.2 or Section 3.3 or in accordance with the requirements terms of any work letter agreement attached to this Lease. If Landlord is unable to deliver possession of the Work Letter Premises to Tenant on the estimated Commencement Date specified in Section 1.10, as the same may be adjusted in accordance with this Section 3.2 or Section 3.3 or in accordance with the terms of any work letter agreement attached heretoto this Lease, due to a Force Majeure Event (as defined below), such Commencement Date shall be extended by the period of the delay caused by the Force Majeure Event. A “Force Majeure Event” shall mean fire, earthquake, weather delays or other acts of God, 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 Landlord, for any reason whatsoever, cannot deliver possession of the Premises to Tenant on or before forty-five (45) days prior to the Estimated Commencement Date, this Lease shall not be void or voidable nor shall Landlord be liable to Tenant for any resulting loss or damage. HoweverDynatrace LLC (“Dynatrace”) is the tenant for the Premises with Landlord as the landlord under that certain Office Lease dated as of November 21, 2013 (the “Master Lease”). Tenant shall is currently in possession of the Premises as Subtenant under that certain Sublease dated August 8, 2017, with Dynatrace, as sublandlord, with a term ending on November 30, 2020. If Tenant’s right to possession of the Premises terminates under the Sublease for any reason (other than Tenant’s, as subtenant, default under such sublease), prior to expiration of such sublease, Landlord agrees to recognize Tenant, and Tenant agrees to attorn to Landlord, upon the then executory terms and conditions of said sublease for the remainder of the term of said sublease until the Commencement Date of this Lease; provided, however, that in such event, Landlord will not be (i) liable for any rent and paid by Tenant to its sublandlord, or any security deposit paid by Tenant to its sublandlord, unless same has been transferred to Landlord by the Commencement Date shall not occur except as expressly provided in Section 3.1 above, except that if Landlord's failure to deliver possession with the Tenant Improvements "Substantially Completed" on sublandlord; (ii) liable for any act or before forty-five (45) days omission of sublandlord or for any default of sublandlord which occurred prior to the Estimated Commencement Date is attributable effective date of the attornment; (iii) subject to any defenses or offsets that Tenant Delay described may have against its sublandlord which arose prior to the effective date of the attornment; (iv) bound by any changes or modifications made to the sublease without the written consent of Landlord; (v) obligated in any manner with respect to the transfer, delivery, use or condition of any furniture, equipment or other personal property in the Work Letter attached Premises which sublandlord agreed would be transferred to this Lease, then Tenant or which sublandlord agreed could be used by the Commencement Date shall not be advanced to Tenant during the date which is forty-five (45) days following the date on which possession term of the Premises is tendered to Tenant, and Landlord shall be entitled to full performance by Tenant sublease; or (including vi) liable for the payment of rent) any improvement allowance, or any other payment, credit, offset or amount due from the date which is forty-five (45) days following the date which Landlord would have been able to deliver the Premises sublandlord to Tenant but for Tenant's delay(s). If for any reason other than "Tenant Delays" (as defined in under the Work Letter) or other matters beyond Landlord's reasonable control, the Commencement Date has not occurred by the date that is ninety (90) days 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, elect to terminate this Lease. Notwithstanding the foregoing, if at any time during the construction period, Landlord reasonably believes that the Commencement Date will not occur on or before ninety (90) days following the Estimated Commencement Date, Landlord shall notify Tenant in writing 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 of receipt of such notice to either terminate this Lease or waive its right to terminate this Lease provided the 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 within such ten (10) day period shall be deemed Tenant's waiver of its right to terminate this Lease as provided in this paragraph as to the previous outside date, but not as to the new outside date established by said notice. In all events, Landlord shall diligently and in good faith construct the Tenant Improvements in accordance with the requirements of the Work Letter attached heretosublease.

DELAY IN POSSESSION. If Landlord, for any reason whatsoever, cannot Lessor agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Tenant on or before forty-five (45) days prior to Lessee by the Estimated Commencement Date, this Lease . Lessee shall not be void obligated to pay rent or voidable nor shall Landlord be liable to Tenant for any resulting loss or damageperform its other duties and obligations until possession is delivered. However, Tenant shall not be liable for any rent and In light of the fact that the original Commencement Date shall of this Lease was estimated to by July 1, 2000 and Lessor was not occur except able to meet this date within a reasonable time period, Lessor hereby agrees to bear the cost of Lessee's holdover rent penalty for Lessee's current facility until such time as expressly provided in Section 3.1 above, except that if Landlord's failure to deliver possession with the Tenant Improvements "Substantially Completed" on or before forty-five (45) days prior to conditions of the Estimated above Paragraph 50 - Lease Commencement Date are fulfilled. The estimated cost of the holdover rent penalty are approximately $4,158.00 per month commencing August 1, 2000. Lessor shall pay lessee the holdover penalty amount three (3) business days in advance of the first day of each month commencing August 1, 2000 to allow Lessee adequate time to reissue a check to their existing Landlord for said holdover rent penalty. Accordingly, if this holdover rent penalty is attributable to any Tenant Delay described in the Work Letter attached to this Leasenot received by Lessee from Lessor when it id due, then the Commencement Date provisions of Paragraph 13.4 and 13.5 which are "Late Charges" and "Interest" respectively of the Standard Industrial/Commercial Single-Tenant Lease-Net dated June 7, 1999 shall not be advanced apply to the date which is forty-five (45) days following the date on which possession Lessor. Lessor shall also be responsible for any costs Lessee shall incur, as a result of the Premises is tendered eviction proceedings legal cost, etc., that may be incurred by Lessee due to Tenanttheir holding over in their current facility beyond July 31, and Landlord 2000. Any such costs incurred shall be entitled reimbursed by Lessor to full performance by Tenant Lessee in a timely manner upon Lessee providing Lessor written documentation of such costs. Lessor shall have a thirty (including the payment of rent30) day grace period from the date which is forty-five (45) days following the date which 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 controlJanuary 1, the Commencement Date has not occurred by the date that is ninety (90) days following the Estimated Commencement Date2001, then Tenant may, by written notice to Landlord given at any time thereafter but prior to the actual occurrence of the Commencement Date, elect to terminate this Leasecomplete the premises without penalty. Notwithstanding At the foregoing, if at any time during the construction end of said grace period, Landlord reasonably believes that Lessor shall pay Lessee $500.00 per calendar day for each extra day of construction and non-completion past the Commencement Date will thirty (30) day grace period. Such penalty does not occur on or before ninety (90) days following the Estimated Commencement Date, Landlord shall notify Tenant in writing 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) apply to days of receipt of such notice to either terminate this Lease delay caused by the acts or waive its right to terminate this Lease provided the 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 within such ten (10) day period shall be deemed Tenant's waiver of its right to terminate this Lease as provided in this paragraph as to the previous outside date, but not as to the new outside date established by said notice. In all events, Landlord shall diligently and in good faith construct the Tenant Improvements in accordance with the requirements omissions of the Work Letter attached hereto.Lessee. LESSOR: LESSEE: Capellino/Gallxxxx Sierra Precision, Inc. ------------------------------------ ------------------------------------ Richxxx X. Xxxexxxxx Xxxxxx X. Bxxx - Xresident ------------------------------------ ------------------------------------ Date Date ------------------------------------

DELAY IN POSSESSION. If LandlordNotwithstandxxx xxx Assignment Date set forth above, if for any reason whatsoever, Assignor cannot deliver possession of the Premises to Tenant the Assignee on said -date for any reason other than a delay caused by Assignee or a delay in the receipt of the Landlord's consent hereto, such "Assignor Delay" shall not affect the validity of this Assignment, but in such case, the Assignment Date shall be delayed, Assignee's obligations hereunder shall not accrue, and Assignor's obligations under the Lease shall continue to accrue until the earlier of the following events: (a) one (1) business day after Assignor delivers written notice to Assignee that the Premises can be delivered to Assignee in the physical condition required under this Assignment, clean and free of any assignees or occupants (other than Assignee) and any personal property of Assignor and any prior assignee or occupant of the Premises (except for Assignor's Personal Property); or (b) that date upon which Assignee occupies the Premises for any Permitted Use other than construction of Assignee's imtial tenant improvements approved xx Xssignor and Landlord or pre-construction activities associated therewith. Notwithstanding the foregoing, Assignor hereby agrees to use its best efforts to vacate the majority of the Premises (with the exception of those certain offices currently occupied by Assignor's accounting and administrative staff) no later than May 8, 1998. The Assignor shall deliver the entire Premises to Assignee within two (2) days following completion of the FY 1997-98 audit of Assignor, but no later than June 8,1998. If the Assignor is unable to deliver the entire Premises to Assignee on or before forty-five (45) days prior to the Estimated Commencement DateJune 8, 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 and the Commencement Date shall not occur except as expressly provided in Section 3.1 above, except that if Landlord's failure to deliver possession with the Tenant Improvements "Substantially Completed" on or before forty-five (45) days prior to the Estimated Commencement Date is attributable to any Tenant Delay described 1998 in the Work Letter attached condition set forth herein solely because of any Assignor Delay, Assignor will pay to this LeaseAssignee, then as liquidated damages (which Assignee and Assignor agree fairly reflect Assignee's damages for delays in delivery of the Commencement Date shall not be advanced Premises beyond the anticipated Assignment Date), Two Thousand Dollars ($2,000.00) for each calendar day that Assignor so delays in delivering the Premises to the date which is forty-five (45) days following the date on which Assignee. If possession of the Premises is tendered not delivered to TenantAssignee by June 15, and Landlord 1998, Assignee may, at its option, by notice in writing to Assignor (which shall be entitled to full performance delivered no later than June 25, 1998), cancel this Assignment, m which event the parties sh be discharged from all obligations hereunder; and any funds paid by Tenant (including the payment of rent) from the date which is forty-five (45) days following the date which 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 occurred by the date that is ninety (90) days 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, elect to terminate this Lease. Notwithstanding the foregoing, if at any time during the construction period, Landlord reasonably believes that the Commencement Date will not occur on or before ninety (90) days following the Estimated Commencement Date, Landlord shall notify Tenant in writing 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 of receipt of such notice to either terminate this Lease or waive its right to terminate this Lease provided the 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 within such ten (10) day period party shall be deemed Tenant's waiver of its right returned to terminate this Lease as provided in this paragraph as to the previous outside datesuch party, but not as to the new outside date established by said notice. In all events, Landlord shall diligently and in good faith construct the Tenant Improvements in accordance with the requirements of the Work Letter attached heretoincluding commissions.

DELAY IN POSSESSION. Landlord currently anticipates that the Delivery Date will occur on or about the Estimated Delivery Date. If Landlordthe Delivery Date has not occurred by the Estimated Delivery Date because of the holding over or retention of possession of any tenant or occupant, or if any repairs or improvements to the Demised Premises are not completed, or for any reason whatsoeverother reason, canLandlord shall not deliver possession of be subject to any liability to Tenant. Under such circumstances (but subject to the Premises provisions herein relating to Tenant on or before forty-five (45) days prior Delay), the Rent reserved and covenanted to be paid herein shall not commence until the Estimated Commencement Date, 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 and the Commencement Date shall not occur except as expressly provided in Section 3.1 above, except that if Landlord's no such failure to deliver possession with shall in any other respect affect the Tenant Improvements "Substantially Completed" on or before forty-five (45) days prior to validity of this Lease. Notwithstanding the Estimated Commencement Date is attributable to any Tenant Delay described foregoing, in the Work Letter attached to this Lease, then event that the Commencement Date shall does not be advanced to occur by the date which is forty-five thirty (4530) days following after the date Estimated Delivery Date (other than on which possession account of a Tenant Delay), then Tenant shall be entitled, as its sole and exclusive remedy, to payment of Tenant’s actual holdover rent, if any, at Tenant’s current location that is above the Premises amount of Tenant rent thereunder for each day that the Commencement Date is tendered to Tenant, delayed beyond such thirtieth (30th) day after the Estimated Delivery Date. Provided Tenant and Landlord fully executes this Lease by July 23, 2004, Landlord shall be entitled to full performance by Tenant waive the thirty (including the payment of rent30) from the date which is forty-five (45) days following the date which 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 –day grace period set forth in the Work Letter) or other matters beyond Landlord's reasonable control, preceding sentence. In the event that the Commencement Date has not occurred by the date that which is ninety one-hundred eighty (90180) days following after the Estimated Commencement DateDelivery Date (other than on account of a Tenant Delay), then Tenant may, by written notice to Landlord given at any time thereafter but prior to the actual occurrence of the Commencement Date, elect to terminate this Lease. Notwithstanding the foregoing, if at any time during the construction period, Landlord reasonably believes that the Commencement Date will not occur on or before ninety (90) days following the Estimated Commencement Date, Landlord shall notify Tenant in writing of such fact and of a new outside date on or before which thereafter have the Commencement Date will occur, and Tenant must elect within ten (10) days of receipt of such notice to either terminate this Lease or waive its right to terminate this Lease provided by delivering fifteen (15) days’ written notice thereof to the other party at any time prior to the Commencement Date; provided, however, that if the Commencement Date occurs on or prior to the new outside date established by Landlord in such shall occur within fifteen (15) days after Landlord’s receipt of Tenant’s termination notice, then Tenant’s termination notice to Tenant. Tenant's failure to elect to terminate shall be null and void and this Lease within such ten (10) day period shall be deemed Tenant's waiver of its right to terminate this Lease as provided remain in this paragraph as to the previous outside date, but not as to the new outside date established by said notice. In all events, Landlord shall diligently full force and in good faith construct the Tenant Improvements in accordance with the requirements of the Work Letter attached heretoeffect.

DELAY IN POSSESSION. If LandlordOn or before 8:00 am local time on the Target Date, for any reason whatsoever, cannot Landlord shall deliver exclusive possession of the Premises to Tenant on or before forty-five (45) days prior to the Estimated Commencement Date, 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 and the Commencement Date shall not occur except as expressly provided in Section 3.1 above, except that if Landlord's failure to deliver possession with the Tenant Improvements "Substantially Completed" on or before forty-five (45) days prior to Premises being in Required Delivery Condition. The “Target Date” shall be December 31, 2005, but shall be extended by one day for each day the Estimated Commencement Date Landlord is attributable to any Tenant Delay described delayed in the Work Letter attached to this Lease, then the Commencement Date shall not be advanced to the date which is forty-five (45) days following the date on which delivering exclusive possession of the Premises to Tenant in Required Delivery Condition except in the case of a default by Tenant hereunder or any other negligence or willful misconduct by Tenant or willful misconduct. For purposes hereof, the Premises shall be in “Required Delivery Condition” if (a) the Premises is tendered to vacant and free of all tenancies other than Tenant’s rights of possession hereunder, (b) the Premises and Building are broom clean and in good condition and comply with all applicable laws, codes, regulations and ordinances, (c) all electrical, plumbing, heating, ventilation, air conditioning, mechanical, life safety and lighting systems serving the Premises are in good, working order, (d) the Common Areas are in good condition and comply with all applicable laws, codes, regulations and ordinances, and Landlord shall be entitled to full performance by Tenant (including the payment of rente) from the date which is forty-five (45) days following the date which Landlord would have been able to deliver the Premises to Tenant but for Tenant's delay(s)is free of Hazardous Substances. If for any reason other than "Landlord fails to deliver exclusive possession of the Premises to Tenant Delays" in Required Delivery Condition by 8:00 a.m. local time on the Target Date, such failure shall not affect the validity of this Lease, but (as defined in the Work Letter1) or other matters beyond Landlord's reasonable control, the Commencement Date has shall be extended until the date that Landlord delivers to Tenant exclusive possession of the Premises in Required Delivery Condition, (2) the Expiration Date shall be extended so that the Lease Term is ten (10) years, and eight (8) months from and after the Commencement Date, and (3) Tenant shall not occurred by be obligated to pay Rent hereunder or perform any other obligation of Tenant under the terms of this Lease until Landlord delivers exclusive possession of the Premises to Tenant in Required Delivery Condition. If Landlord fails to deliver exclusive possession of the Premises to Tenant in Required Delivery Condition on or before the date that is ninety sixty (9060) days following after the Estimated Commencement Target Date, then Tenant may, by written notice to Landlord given at any time thereafter but prior to shall have the actual occurrence of the Commencement Date, elect to terminate this Lease. Notwithstanding the foregoing, if at any time during the construction period, Landlord reasonably believes that the Commencement Date will not occur on or before ninety (90) days following the Estimated Commencement Date, Landlord shall notify Tenant in writing 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 of receipt of such notice to either terminate this Lease or waive its right to terminate this Lease provided the Commencement Date occurs upon notice to Landlord given on or prior to before the new outside date established by Landlord in that is ten days after the end of such notice to Tenant. Tenant's failure to elect to terminate this Lease within such ten sixty (1060) day period shall be deemed Tenant's waiver of its right to terminate this Lease as provided in this paragraph as to the previous outside date, but not as to the new outside date established by said notice. In all events, Landlord shall diligently and in good faith construct the Tenant Improvements in accordance with the requirements of the Work Letter attached heretoperiod.

DELAY IN POSSESSION. If LandlordNotwithstanding the estimated Commencement Date specified in Section 1.10, if for any reason whatsoever, Landlord cannot deliver possession of the Premises to Tenant on said date or before forty-five (45) days prior to the Estimated Commencement Dateany other date, this Lease Landlord shall not be void or voidable subject to any liability therefor, nor shall Landlord be liable to such failure affect the validity of this Lease or the obligations of Tenant for any resulting loss or damage. Howeverhereunder; provided, however, in such a case, Tenant shall not be liable for obligated to pay rent or perform any rent and the Commencement Date shall not occur except as expressly provided in Section 3.1 above, except that if Landlord's failure to deliver possession with the other obligation of Tenant Improvements "Substantially Completed" on or before forty-five (45) days prior to the Estimated Commencement Date is attributable to any Tenant Delay described in the Work Letter attached to under this Lease, then the Commencement Date shall not except as may be advanced to the date which is forty-five (45) days following the date on which otherwise provided in this Lease, until possession of the Premises is tendered to Tenant, and as defined in Section 3.4. If Landlord shall be entitled not have tendered possession of the Premises to full performance by Tenant within sixty (including the payment of rent) from the date which is forty-five (4560) days following the date which 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 estimated Commencement Date has not occurred by specified in Section 1.10, as the date that is ninety (90) days following same may be adjusted in accordance with this Section 3.2 or Section 3.3 or in accordance with the Estimated Commencement Dateterms of any work letter agreement attached to this Lease, then Tenant may, at Tenant’s option, by written notice in writing to Landlord given at any time thereafter but prior to the actual occurrence of the Commencement Date, elect to terminate this Lease. Notwithstanding the foregoing, if at any time during the construction period, Landlord reasonably believes that the Commencement Date will not occur on or before ninety (90) days following the Estimated Commencement Date, Landlord shall notify Tenant in writing 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 the expiration of receipt of such notice to either the sixty (60) day period, terminate this Lease or waive its right to terminate Lease. If Tenant terminates this Lease as provided in the Commencement Date occurs on or prior to preceding sentence, the new outside date established parties shall be discharged from all obligations hereunder, except that Landlord shall return any money previously deposited with Landlord by Tenant; and provided further, that if such written notice by Tenant is not received by Landlord in such notice to Tenant. Tenant's failure to elect to terminate this Lease within such said ten (10) day period period, Tenant shall be deemed Tenant's waiver of its not have the right to terminate this Lease as provided above unless Landlord fails to tender possession of the Premises to Tenant within one hundred twenty (120) days following the estimated Commencement Date specified in Section 1.10, as the same may be adjusted in accordance with this paragraph as to the previous outside date, but not as to the new outside date established by said notice. In all events, Landlord shall diligently and in good faith construct the Tenant Improvements Section 3.2 or Section 3.3 or in accordance with the requirements terms of any work letter agreement attached to this Lease. If Landlord is unable to deliver possession of the Work Letter Premises to Tenant on the estimated Commencement Date specified in Section 1.10, as the same may be adjusted in accordance with this Section 3.2 or Section 3.3 or in accordance with the terms of any work letter agreement attached heretoto this Lease, due to a Force Majeure Event (as defined below), such Commencement Date shall be extended by the period of the delay caused by the Force Majeure Event or any Tenant Delay (as defined below). A “Force Majeure Event” shall mean fire, earthquake, weather delays or other acts of God, 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 LandlordNotwithstanding the estimated Commencement Date specified in Section 1.7, if for any reason whatsoever, Landlord cannot deliver possession of the Premises to Tenant on or before forty-five (45) days prior to the Estimated Commencement Datesaid date, this Lease Landlord shall not be void or voidable subject to any liability therefor, nor shall Landlord be liable to such failure affect the validity of this Lease or the obligations of Tenant for any resulting loss or damage. Howeverhereunder; provided, however, in such a case, the Term shall not commence and Tenant shall not be liable for obligated to pay rent or perform any rent and the Commencement Date shall not occur except as expressly provided in Section 3.1 above, except that if Landlord's failure to deliver possession with the other obligation of Tenant Improvements "Substantially Completed" on or before forty-five (45) days prior to the Estimated Commencement Date is attributable to any Tenant Delay described in the Work Letter attached to under this Lease, then the Commencement Date shall not except as may be advanced to the date which is forty-five (45) days following the date on which otherwise provided in this Lease, until possession of the Premises is tendered to Tenant, and as defined in Section 3.4. If Landlord shall be entitled not have tendered possession of the Premises to full performance by Tenant (including the payment of rent) from the date which is fortywithin one hundred thirty-five (45135) days following the date which 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 estimated Commencement Date has not occurred specified in Section 1.7, as the same may be extended in accordance with Section 3.3 or under the terms of any work letter agreement entered into by the date that is ninety (90) days following the Estimated Commencement DateLandlord and Tenant, then Tenant may, at Tenant’s option, by written notice in writing to Landlord given at any time thereafter but prior to the actual occurrence of the Commencement Date, elect to terminate this Lease. Notwithstanding the foregoing, if at any time during the construction period, Landlord reasonably believes that the Commencement Date will not occur on or before ninety (90) days following the Estimated Commencement Date, Landlord shall notify Tenant in writing 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 the expiration of receipt of such notice to either the one hundred thirty-five (135) day period, terminate this Lease or waive its right to terminate Lease. If Tenant terminates this Lease as provided in the Commencement Date occurs on or prior to preceding sentence, the new outside date established parties shall be discharged from all obligations hereunder, except that Landlord shall return any money previously deposited with Landlord by Tenant; and provided further, that if such written notice by Tenant is not received by Landlord in such notice to Tenant. Tenant's failure to elect to terminate this Lease within such said ten (10) day period period, Tenant shall be deemed Tenant's waiver of its not have the right to terminate this Lease as provided above unless Landlord fails to tender possession of the Premises to Tenant within one hundred eighty (180) days following the estimated Commencement Date specified in this paragraph Section 1.7, as to the previous outside date, but not as to the new outside date established by said notice. In all events, Landlord shall diligently and in good faith construct the Tenant Improvements same may be extended in accordance with the requirements Section 3.3 or under any work letter agreement entered into by Landlord and Tenant. If Landlord is unable to deliver possession of the Work Letter attached heretoPremises to Tenant on the Commencement Date due to a “Force Majeure Event,” the Commencement Date shall be extended by the period of the delay caused by the Force Majeure Event. A Force Majeure Event shall mean fire, earthquake, weather delays or other acts of God, 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 LandlordNotwithstanding the estimated Commencement Date specified in Section 1.7, if for any reason whatsoever, Landlord cannot deliver possession of the Premises to Tenant on or before forty-five (45) days prior to the Estimated Commencement Datesaid date, this Lease Landlord shall not be void or voidable subject to any liability therefor, nor shall Landlord be liable to such failure affect the validity of this Lease or the obligations of Tenant for any resulting loss hereunder or damage. Howeverextend the Term hereof; provided, however, in such a case, Tenant shall not be liable for obligated to pay rent or perform any rent and the Commencement Date shall not occur except as expressly provided in Section 3.1 above, except that if Landlord's failure to deliver possession with the other obligation of Tenant Improvements "Substantially Completed" on or before forty-five (45) days prior to the Estimated Commencement Date is attributable to any Tenant Delay described in the Work Letter attached to under this Lease, then the Commencement Date shall not except as may be advanced to the date which is forty-five (45) days following the date on which otherwise provided in this Lease, until possession of the Premises is tendered to Tenant, and as defined in Section 3.4. If Landlord shall be entitled not have tendered possession of the Premises to full performance by Tenant within one hundred twenty (including the payment of rent) from the date which is forty-five (45120) days following the date which 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 estimated Commencement Date has not occurred specified in Section 1.7, as the same may be extended in accordance with Section 3.3 or under the terms of any work letter agreement entered into by the date that is ninety (90) days following the Estimated Commencement DateLandlord and Tenant, then Tenant may, at Tenant's option, by written notice in writing to Landlord given at any time thereafter but prior to the actual occurrence of the Commencement Date, elect to terminate this Lease. Notwithstanding the foregoing, if at any time during the construction period, Landlord reasonably believes that the Commencement Date will not occur on or before ninety (90) days following the Estimated Commencement Date, Landlord shall notify Tenant in writing 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 the expiration of receipt of such notice to either the one hundred twenty (120) day period, terminate this Lease or waive its right to terminate Lease. If Tenant terminates this Lease as provided in the Commencement Date occurs on or prior to preceding sentence, the new outside date established parties shall be discharged from all obligations hereunder, except that Landlord shall return any money previously deposited with Landlord by Tenant; and provided further, that if such written notice by Tenant is not received by Landlord in such notice to Tenant. Tenant's failure to elect to terminate this Lease within such said ten (10) day period period, Tenant shall be deemed Tenant's waiver of its not have the right to terminate this Lease as provided above unless Landlord fails to tender possession of the Premises to Tenant within two hundred forty (240) days following the estimated Commencement Date specified in this paragraph Section 1.7, as to the previous outside date, but not as to the new outside date established by said notice. In all events, Landlord shall diligently and in good faith construct the Tenant Improvements same may be extended in accordance with the requirements Section 3.3 or under any work letter agreement entered into by Landlord and Tenant. If Landlord is unable to deliver possession of the Work Letter attached heretoPremises to Tenant on the Commencement Date due to a "Force Majeure Event," the Commencement Date shall be extended by the period of the delay caused by the Force Majeure Event. A Force Majeure Event shall mean fire, earthquake, weather delays or other acts of God, 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 LandlordNotwithstanding the estimated Commencement Date specified in section 1.7, if for any reason whatsoever, Landlord cannot deliver possession of the Premises to Tenant on or before forty-five (45) days prior to the Estimated Commencement Datesaid date, this Lease Landlord shall not be void or voidable subject to any liability therefor, nor shall Landlord be liable to such failure affect the validity of this Lease or the obligations of Tenant for any resulting loss or damage. Howeverhereunder; provided, however, in such a case, Tenant shall not be liable for obligated to pay rent or perform any rent and the Commencement Date shall not occur except as expressly provided in Section 3.1 above, except that if Landlord's failure to deliver possession with the other obligation of Tenant Improvements "Substantially Completed" on or before forty-five (45) days prior to the Estimated Commencement Date is attributable to any Tenant Delay described in the Work Letter attached to under this Lease, then the Commencement Date shall not except as may be advanced to the date which is forty-five (45) days following the date on which otherwise provided in this Lease, until possession of the Premises is tendered to Tenant, and Tenant as defined in section 3.4. If Landlord shall be entitled not have tendered possession of the Premises to full performance by Tenant within sixty (including the payment of rent) from the date which is forty-five (4560) days following the date which estimated Commencement Date specified in section 1.7, 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 would have been able to deliver the Premises to Tenant but for and Tenant, Tenant, may, at 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 occurred by the date that is ninety (90) days following the Estimated Commencement Date, then Tenant mayoption, by written notice in writing to Landlord given at any time thereafter but prior to the actual occurrence of the Commencement Date, elect to terminate this Lease. Notwithstanding the foregoing, if at any time during the construction period, Landlord reasonably believes that the Commencement Date will not occur on or before ninety (90) days following the Estimated Commencement Date, Landlord shall notify Tenant in writing 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 the expiration of receipt of such notice to either the sixty (60) day period, terminate this Lease or waive its right to terminate Lease. If Tenant terminates this Lease as provided in the Commencement Date occurs on or prior to preceding sentence, the new outside date established parties shall be discharged from all obligations hereunder, except that Landlord shall return any money previously deposited with Landlord by Tenant; and provided further, that if such written notice by Tenant is not received by Landlord in such notice to Tenant. Tenant's failure to elect to terminate this Lease within such said ten (10) day period period, Tenant shall be deemed Tenant's waiver of its not have the right to terminate this Lease as provided above unless Landlord fails to tender possession of the Premises to Tenant within two hundred forty (240) days following the estimated Commencement Date specified in this paragraph section 1.7, as to the previous outside date, but not as to the new outside date established by said notice. In all events, Landlord shall diligently and same may be adjusted in good faith construct the Tenant Improvements accordance with section 3.3 or in accordance with the requirements terms of any work letter agreement entered into by Landlord and Tenant. If Landlord is unable to deliver possession of the Work Letter attached heretoPremises to Tenant on the Commencement Date due to a "Force Majeure Event," the Commencement Date shall be extended by the period of the delay caused by the Force Majeure Event. A Force Majeure Event shall mean fire, earthquake, weather delays or other acts of God, 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 Landlord, for any reason whatsoever, cannot deliver possession of the Premises to Tenant on or before forty-five (45) days prior to the Estimated Commencement Date, 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 and the Commencement Date shall not occur except until 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 expressly provided in per Section 3.1 3.l(a) above, except that if Landlord's failure to so deliver possession with the Tenant Improvements "Substantially Completed" on or before forty-five (45) days prior to the Estimated Commencement Date is attributable to any "Tenant Delay described Delay" as defined in the Work Letter attached to this Lease, then the Commencement Date shall not be advanced to the date which is forty-five (45) days following 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 which is forty-five (45) days following the date which Landlord would have been able to deliver the Premises to Tenant but for Tenant's delay(s). If 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) Delays or other matters beyond Landlord's reasonable control, the actual Commencement Date has not occurred by the date that is ninety one hundred fifty (90150) days following the Estimated 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, elect to terminate this Lease. Notwithstanding the foregoing, if at any time during the construction period, Landlord reasonably believes that the Commencement Date will not occur on or before ninety one hundred fifty (90150) days following the Estimated Commencement Date, Landlord shall may notify Tenant in writing 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 of receipt of such notice to either terminate this Lease or waive its right to terminate this Lease Lease, provided the 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 within such ten (10) day period shall be deemed Tenant's waiver of its right to terminate this Lease as provided in this paragraph as to the previous outside date, but not as to the new outside date established by said notice. In all events, Landlord shall diligently and in good faith construct the Tenant Improvements in accordance with the requirements of the Work Letter attached hereto.

DELAY IN POSSESSION. If Landlord, for any reason whatsoever, cannot deliver possession of the Premises to Tenant on or before forty-five (45) days prior to the Estimated Commencement Date, 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 and until the Commencement Date shall not occur except of this Lease has occurred as expressly provided in Section 3.1 above, except that if Landlord's failure to deliver Landlord cannot so tender possession with of the Tenant Improvements "Substantially Completed" Premises on or before forty-five (45) days prior to the Estimated Commencement Date is attributable as provided in Section 3.1(i) above due to any action or inaction of Tenant Delay (including without limitation any “Tenant Delay” described in the Work Letter attached to this Lease), then the Commencement Date shall not be advanced deemed to have occurred on the date which is forty-five (45) days following 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 which is forty-five (45) days following the date which Landlord would have been able to deliver the Premises to Tenant but for Tenant's delay(s)’s action or inaction, including without limitation any Tenant Delay described in the attached Work Letter. If 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) Letter attached hereto), or other matters beyond Landlord's ’s reasonable control, the actual Commencement Date has not occurred by the date that is ninety one hundred twenty (90120) days following the Estimated Commencement DateDate shown on Item 4 of the Basic Lease Provisions, then Tenant may, by written notice to Landlord given at any time thereafter but prior to the actual occurrence of the Commencement Date, elect to terminate this Lease. Notwithstanding the foregoing, if at any time during the construction period, Landlord reasonably believes that the Commencement Date will not occur on or before ninety one hundred twenty (90120) days following the Estimated Commencement Date, Landlord shall may notify Tenant in writing 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 of receipt of such notice to either terminate this Lease or waive its right to terminate this Lease provided the Commencement Date occurs on or prior to the new outside date established by Landlord in such notice to Tenant. Tenant's ’s failure to elect to terminate this Lease within such ten (10) day period shall be deemed Tenant's ’s waiver of its right to terminate this Lease as provided in this paragraph as to the previous outside date, but not as to the new outside date established by said notice. In all events, Landlord shall diligently and in good faith construct the Tenant Improvements in accordance with the requirements of the Work Letter attached hereto.

DELAY IN POSSESSION. If Landlord, for any reason whatsoever, cannot deliver possession of the Premises to Tenant on or before forty-five (45) days prior to the Estimated Commencement DateDate 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 and until the Commencement Date shall not occur except as expressly provided in Section 3.1 abovePremises are actually delivered to Tenant, except that if Landlord's ’s failure to deliver possession with of the Premises to Tenant Improvements "Substantially Completed" on or before forty-five (45) days prior to the Estimated Commencement Date is attributable to any action or inaction by Tenant Delay described in the Work Letter attached to this Lease(a “Tenant Delay”), then the Commencement Date Premises shall not be advanced to the date which is forty-five (45) days following the date on which possession of the Premises is tendered to Tenantdeemed ready for occupancy, and Landlord shall be entitled to full performance by Tenant (including the payment of rent) from ), as of the date which is forty-five (45) days following the date which Landlord would have been able to deliver the Premises to Tenant but for the Tenant's delay(s’s Delay(s). If 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) or other matters beyond Landlord's reasonable controlDelay(s), the actual Commencement Date has not occurred by October 1, 2009 (the date that is ninety (90) days following the Estimated Commencement “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, elect to terminate this Lease. Notwithstanding the foregoing; provided, however, that if at any time during the construction period, Landlord reasonably believes that the Commencement Date will not occur on or before ninety (90) days following the Estimated Commencement Date, Landlord shall notify Tenant in writing 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 of receipt of such notice to either terminate this Lease or waive its right to terminate this Lease provided the Commencement Date occurs on or prior within 10 business days after delivery to the new outside date established by Landlord in such notice to of Tenant. Tenant's failure to elect to terminate ’s termination notice, this Lease shall continue in full force and effect. If the Commencement Date has not occurred within such ten (10) day period shall be deemed 10 business days after the date of delivery of Tenant's waiver of its right to terminate ’s termination notice, then this Lease shall terminate as provided in this paragraph as to of the previous outside date10th business day after delivery of the termination notice, but not as to the new outside date established by said notice. In all events, and Landlord shall diligently and in good faith construct the promptly return to Tenant Improvements in accordance with the requirements of the Work Letter attached heretoany prepaid rent and/or Security Deposit delivered to Landlord.

DELAY IN POSSESSION. If LandlordNotwithstanding the estimated Commencement Date specified in section 1.8, if for any reason whatsoever, Landlord cannot deliver possession of the Premises to Tenant on or before forty-five (45) days prior to the Estimated Commencement Datesaid date, this Lease Landlord shall not be void or voidable subject to any liability therefor, nor shall Landlord be liable to such failure affect the validity of this Lease or the obligations of Tenant for any resulting loss or damage. Howeverhereunder; provided, however, in such a case, Tenant shall not be liable for obligated to pay rent or perform any rent and the Commencement Date shall not occur except as expressly provided in Section 3.1 above, except that if Landlord's failure to deliver possession with the other obligation of Tenant Improvements "Substantially Completed" on or before forty-five (45) days prior to the Estimated Commencement Date is attributable to any Tenant Delay described in the Work Letter attached to under this Lease, then the Commencement Date shall not except as may be advanced to the date which is forty-five (45) days following the date on which otherwise provided in this Lease, until possession of the Premises is tendered to Tenant, and as defined in section 3.4. If Landlord shall be entitled not have tendered possession of the Premises to full performance by Tenant within sixty (including the payment of rent) from the date which is forty-five (4560) days following the date which 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 estimated Commencement Date has not occurred by the date that is ninety (90) days following the Estimated Commencement Datespecified in section 1.8, then Tenant may, at Tenant's option, by written notice in writing to Landlord given at any time thereafter but prior to the actual occurrence of the Commencement Date, elect to terminate this Lease. Notwithstanding the foregoing, if at any time during the construction period, Landlord reasonably believes that the Commencement Date will not occur on or before ninety (90) days following the Estimated Commencement Date, Landlord shall notify Tenant in writing 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 the expiration of receipt of such notice to either the sixty (60) day period, terminate this Lease or waive its right to terminate Lease. If Tenant terminates this Lease as provided in the Commencement Date occurs on or prior to preceding sentence, the new outside date established parties shall be discharged from all obligations hereunder, except that Landlord shall return any money previously deposited with Landlord by Tenant; and provided further, that if such written notice by Tenant is not received by Landlord in such notice to Tenant. Tenant's failure to elect to terminate this Lease within such said ten (10) day period period, Tenant shall be deemed Tenant's waiver of its not have the right to terminate this Lease as provided in this paragraph as above unless Landlord fails to the previous outside date, but not as to the new outside date established by said notice. In all events, Landlord shall diligently and in good faith construct the Tenant Improvements in accordance with the requirements tender possession of the Work Letter attached heretoPremises to Tenant within one hundred twenty (120) days following the estimated Commencement Date specified in section 1.8. If Landlord is unable to deliver possession of the Premises to Tenant on the Commencement Date due to a "Force Majeure Event," the Commencement Date shall be extended by the period of the delay caused by the Force Majeure Event, not to exceed sixty (60) days. A Force Majeure Event shall mean fire, earthquake, weather delays or other acts of God, 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 LandlordNotwithstanding the anticipated Commencement Date, if for any reason whatsoever, Landlord cannot deliver possession of the Premises to Tenant on or before forty-five (45) days prior to the Estimated Commencement Date, this Lease Landlord shall not be void subject to any liability for the delay. Any such delay shall not affect the validity of this Lease or voidable the obligations of Tenant nor shall Landlord be liable to Tenant for any resulting loss or damageextend the Term. However, Tenant shall not be liable for obligated to pay Rent, subject to paragraph 1.3b or perform any rent and other obligation of Tenant under the Commencement Date shall not occur except as expressly provided in Section 3.1 above, except that if Landlord's failure to deliver possession with the Tenant Improvements "Substantially Completed" on or before forty-five (45) days prior to the Estimated Commencement Date is attributable to any Tenant Delay described in the Work Letter attached to terms of this Lease, then the Commencement Date shall not except as may be advanced to the date which is forty-five (45) days following the date on which otherwise provided in this Lease, until possession of the Premises is tendered to Tenant, and . If Landlord shall be entitled to full performance by Tenant does not deliver possession of the Premises within sixty (including the payment of rent) from the date which is forty-five (4560) days following the date which Landlord would have been able to deliver anticipated Commencement Date, as the Premises same may be extended due to Tenant but for Tenant's delay(s). If for any reason other than "Tenant Delays" (Delays as defined in the Work Letter) Section 2.1d or other matters beyond Landlord's reasonable controlForce Majeure events as defined in Section 8.9, the Commencement Date has not occurred by the date that is ninety (90) days following the Estimated Commencement Date, then Tenant may, at Tenant's option, by written notice in writing to Landlord given at any time thereafter but prior to the actual occurrence of the Commencement Date, elect to terminate this Lease. Notwithstanding the foregoing, if at any time during the construction period, Landlord reasonably believes that the Commencement Date will not occur on or before ninety (90) days following the Estimated Commencement Date, Landlord shall notify Tenant in writing 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 of receipt of such notice to either terminate thereafter (the "10-Day Notice Period"), cancel this Lease or waive its right to terminate this Lease provided in which event the Commencement Date occurs on or prior to the new outside date established by Landlord in such notice to Tenantparties shall be discharged from all. obligations hereunder. Upon Tenant's failure to elect to terminate this Lease within such ten (10) day period shall be deemed Tenant's waiver of its right to terminate this Lease as provided in this paragraph as to the previous outside date, but not as to the new outside date established by said notice. In all eventstimely cancellation, Landlord shall diligently and in good faith construct return any money previously deposited by Tenant. If such written notice by Tenant is not received by Landlord within the Tenant Improvements in accordance with 10-Day Notice Period, Landlord shall have an additional thirty (30) days following the requirements end of the Work Letter attached hereto10-Day Notice Period (the "30-Day Extension Period") to deliver possession of the Premises. If Landlord does not deliver possession of the Premises within the 30-Day Extension Period, Tenant shall have an additional 10-Day Notice Period to cancel this Lease, which shall be followed by successive 30-Day Extension Periods and 10-Day Notice Periods until the Premises are delivered to Tenant or the Lease is canceled pursuant to this Section 1.3.

DELAY IN POSSESSION. If Landlord, for any reason whatsoever, Landlord cannot deliver possession of the Premises to Tenant on or before forty-five (45) days prior to by the Estimated Lease Commencement Date, this Lease except as hereinafter provided, Landlord shall not be void or voidable subject to any liability therefor, nor shall Landlord be liable to such failure affect the validity of this Lease, or the obligations of Tenant for any resulting loss hereunder, or damage. Howeverextend the Term hereof, but in such case, Tenant shall not be liable for any rent and the Commencement Date shall not occur not, except as expressly otherwise provided in Section 3.1 aboveherein, except that if Landlord's failure be obligated to deliver possession with pay rent under the Tenant Improvements "Substantially Completed" on or before forty-five (45) days prior to the Estimated Commencement Date is attributable to any Tenant Delay described in the Work Letter attached to terms of this Lease, then the Commencement Date shall not be advanced to Lease until the date which that is forty-five six (456) days months following the date on which that Landlord delivers possession of the Premises is tendered to Tenant. In addition, and Landlord (a) Tenant shall be entitled to full performance by Tenant (including the payment an additional abatement of rent) from the date which is forty-five (45) days following the date which rent equal to one day’s rent for each day after June 1, 2010 that Landlord would have been able fails 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 Letterrequired condition, (b) or other matters beyond Landlord's reasonable controltwo days’ rent for each day after September 1, 2010 that Landlord fails to deliver the Premises in the required condition, and (c) three days’ rent for each day after December 31, 2010 that Landlord fails to deliver the Premises in the required condition, all to be applied against rent first becoming due hereunder. Notwithstanding the foregoing, if the delay in the Lease Commencement Date resulted from a Tenant Delay, the Premises shall be deemed to have been delivered on the later of (a) the Lease Commencement Date as set forth in Section 1.1 hereof, or (b) the date that the Landlord’s Work would have been substantially complete in the absence of such Tenant Delay (and the Rent Commencement Date shall be six (6) months thereafter), and the dates set forth above shall be extended by one day for each day of Tenant Delay. In addition to the above, if the Lease Commencement Date has not occurred by the date that is ninety (90) days following the Estimated Commencement DateDecember 31, then Tenant may2010, Tenant, at Tenant’s option, exercised by written notice to Landlord given at any time thereafter but prior to the actual occurrence of the Commencement Dateno later than January 10, 2011, may elect to terminate this Lease. Notwithstanding complete Landlord’s Work on its own (with the foregoing, if at any time during the construction period, remaining costs therefor to be reimbursed to Tenant by Landlord reasonably believes that the Commencement Date will not occur on or before ninety within thirty (90) days following the Estimated Commencement Date, Landlord shall notify Tenant in writing of such fact and of a new outside date on or before which the Commencement Date will occur, and Tenant must elect within ten (1030) days of receipt by Landlord of an invoice from Tenant for such costs, accompanied by customary documentation supporting the charges for completion of such notice work, which documentation is of a scope and detail sufficient to either terminate this Lease or waive its right to terminate this Lease provided satisfy a commercial construction lender operating in the Commencement Date occurs on or prior to market area in which the new outside date established by Landlord in Building is located and which shall include copies of paid invoices from Tenant’s contractor, paid invoices for materials, equipment, moving and/or installation charges, and lien waivers). If such notice to Tenant. Tenant's failure to elect to terminate this Lease within such ten (10) day period shall be deemed Tenant's waiver of its right to terminate this Lease as provided in this paragraph as to the previous outside date, but not as to the new outside date established by said notice. In all eventsoption is chosen, Landlord shall diligently reasonably cooperate with Tenant to accommodate Tenant’s contractor, and in good faith construct as otherwise reasonably necessary for Tenant to complete the Landlord Work. If Landlord fails to reimburse Tenant Improvements in accordance with for such costs within such thirty-day period, Tenant shall have the requirements right to offset unreimbursed costs against Monthly Base Rent first becoming due hereunder; provided, however, Tenant shall not be entitled to offset more than 20% of any particular installment of Monthly Base Rent. Landlord shall (i) notify Tenant promptly after obtaining knowledge of any fact, event, condition or circumstance which could delay Landlord’s delivery of the Work Letter attached heretoPremises in the required condition, and (ii) promptly upon Tenant’s request from time to time, provide Tenant with progress reports regarding Landlord’s expected timing of completion of Landlord’s Work. Except for the remedies specifically set forth in this Section 1.4.3, which are Tenant’s sole remedies for the failure of the Lease Commencement Date to occur by the dates specified herein, Landlord shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Tenant hereunder, and Tenant waives any right to rescind this Lease or, except as otherwise set forth herein, to recover from Landlord any damages, direct or indirect, which may result from the failure of Landlord to timely deliver the Premises.

DELAY IN POSSESSION. If Landlord, for any reason whatsoever, Landlord cannot deliver possession of the Premises to Tenant on or before forty-five by the Commencement Date with the Tenant Improvements Substantially Complete (45) days prior to the Estimated Commencement Dateas each term is defined in Exhibit F), this Lease Landlord shall not be void or voidable subject to any liability therefor, except as provided herein, nor shall Landlord such failure affect the validity of this Lease or the obligations of Tenant hereunder. In such case, Tenant shall not, except as otherwise provided herein, be liable obligated to Tenant for any resulting loss or damagepay Rent until the dates set forth in Paragraphs 4.1 and 4.2 below. HoweverIn addition, Tenant shall not be liable for obligated to perform any rent and other obligation of Tenant under the Commencement Date shall not occur except as expressly provided in Section 3.1 terms of this Lease until Tenant commences to access the Premises pursuant to the terms of Exhibit F attached hereto. Notwithstanding the above, except that if Landlord's failure Landlord has not delivered the Premises to deliver possession Tenant on or before September 1, 2009 with the Tenant Improvements "Substantially Completed" on or before forty-five Complete (45as each term is defined in Exhibit F) days prior to the Estimated Commencement Date is attributable to (as such date may be extended by any Tenant Delay described in the Work Letter attached to this Lease, then the Commencement Date shall not be advanced to the date which is forty-five (45) days following the date on which possession of the Premises is tendered to Tenant, Delays and Landlord shall be entitled to full performance by Tenant (including the payment of rent) from the date which is forty-five (45) days following the date which 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" Force Majeure Delays (as each term is defined in Exhibit F), Tenant shall have the Work Letter) or other matters beyond Landlord's reasonable control, the Commencement Date has not occurred by the date that is ninety (90) days 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, elect to terminate this Lease. Notwithstanding the foregoing, if at any time during the construction period, Landlord reasonably believes that the Commencement Date will not occur on or before ninety (90) days following the Estimated Commencement Date, Landlord shall notify Tenant in writing 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 of receipt of such notice to either terminate this Lease or waive its right to terminate this Lease provided the Commencement Date occurs by providing Landlord with written notice of its intent to do so on or prior before September 10, 2009 (as such date may be extended by any Tenant Delays and Force Majeure Delays). In the event Tenant fails to so terminate this Lease on or before September 10, 2009 (as such date may be extended by any Tenant Delays and Force Majeure Delays), this Lease shall remain in full force and effect. In the new outside date established by Landlord in such notice event Tenant properly terminates this Lease, the Security Deposit and any prepaid rent shall be promptly returned to Tenant. Tenant's failure In addition, in the event the Tenant Improvements are not Substantially Complete on or before June 30, 2009 (such date to elect to terminate this Lease within such ten (10) day period shall be deemed Tenant's waiver of its right to terminate this Lease as provided in this paragraph as to the previous outside date, but not as to the new outside date established extended by said notice. In all eventsany Force Majeure Delays and Tenant Delays), Landlord shall diligently pay Tenant an amount equal to One Thousand Seven Hundred Fifty-Three and in good faith construct the 00/100 Dollars ($1,753.00) for each day following June 30, 2009 (such date to be extended for any Force Majeure Delays and Tenant Delays) that such Tenant Improvements in accordance with the requirements of the Work Letter attached heretoare not Substantially Complete or possession is not tendered to Tenant for any reason whatsoever (except for Tenant Delays and/or Force Majeure Delays).

DELAY IN POSSESSION. If Landlord, for any reason whatsoever, cannot deliver possession of the Premises to Tenant on or before forty-five (45) days prior to the Estimated Commencement DateJanuary 1, 2011, 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 and until the Commencement Date shall not occur except of this Lease has occurred as expressly provided in Section 3.1 above, except exert that if Landlord's failure to deliver Landlord cannot so tender possession with of the Tenant Improvements "Substantially Completed" on or before forty-five (45) days prior to the Estimated Commencement Date is attributable Premises due to any action or inaction of Tenant Delay (including without limitation any “Tenant Delay” described in the Work Letter attached to this Lease), then the Commencement Date shall not be advanced deemed to have occurred on the date which is forty-five (45) days following 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 which is forty-five (45) days following the date which Landlord would have been able to deliver the Premises to Tenant but for Tenant's delay(s)’s action or inaction, including without limitation any Tenant Delay described in the attached Work Letter, but not sooner than January 1, 2011. If 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) Letter attached hereto), or other matters beyond Landlord's ’s reasonable control, the actual Commencement Date has not occurred by the date that is ninety (90) days following the Estimated Commencement DateApril 30, 2011, then Tenant may, by written notice to Landlord given at any time thereafter but prior to the actual occurrence of the Commencement Date, elect to terminate this Lease. Notwithstanding the foregoing, if at any time during the construction period, Landlord reasonably believes that the Commencement Date will not occur on or before ninety (90) days following the Estimated Commencement DateApril 30, 2011, Landlord shall may notify Tenant in writing 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 of receipt of such notice to either terminate this Lease or waive its right to terminate this Lease provided the Commencement Date occurs on or prior to the new outside date established by Landlord in such notice to Tenant. Tenant's ’s failure to elect to terminate this Lease within such ten (10) day period shall be deemed Tenant's ’s waiver of its right to terminate this Lease as provided in this paragraph as to the previous outside date, but not as to the new outside date established by said notice. In all events, Landlord shall diligently and in good faith construct the Tenant Improvements in accordance with the requirements of the Work Letter attached hereto.”

DELAY IN POSSESSION. If LandlordNotwithstanding that Commencement Date, if for any reason whatsoever, Landlord cannot deliver possession of the Premises to Tenant on or before forty-five with Landlord's Improvements (45as defined below) days prior to substantially completed by September 15, 2001 (the Estimated Commencement "Out Date"), this Lease Landlord shall not be void or voidable subject to any liability therefor, nor shall Landlord be liable to such failure affect the validity of this Lease or the obligations of Tenant for any resulting loss or damage. Howeverhereunder, but in such case, Tenant shall not be liable for any obligated to pay rent and the Commencement Date shall not occur except as expressly provided in Section 3.1 above, except that if Landlord's failure to deliver possession with the Tenant Improvements "Substantially Completed" on or before forty-five (45) days prior to the Estimated Commencement Date is attributable to any Tenant Delay described in the Work Letter attached to this Lease, then the Commencement Date shall not be advanced to the date which is forty-five (45) days following the date on which until possession of the Premises is tendered to Tenant and the initial term shall be extended one (1) day for every day between the Commencement Date and the date on which Landlord delivers the Premises to Tenant with Landlord's Improvements substantially completed; provided, however, that if Landlord shall not have delivered possession of the Premises within thirty (30) days after the Out Date, Tenant may, at Tenant's option, by notice in writing to Landlord within ten (10) business days thereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Tenant is not received by Landlord within said ten (10) business day period, Tenant's right to cancel this Lease hereunder shall -1- terminate and Landlord be of no further force or effect. In addition to the delay in commencement of rent as provided in this Paragraph 3.2, in the event that substantial completion of Landlord's Work does not occur by the Out Date, then Tenant shall be entitled to a rent credit equal to one (1) day's Base Rent for each one (1) full performance by Tenant (including the payment of rent) day from the date which is forty-five (45) days following period from the Out Date until the date upon which Landlord would have been able to deliver delivers possession of the Premises to Tenant but for Tenantwith Landlord's delay(s)Improvements substantially completed. If for The Out Date shall be extended by one (1) day far every day Landlord is delayed in substantially completing the Landlord Improvements due to (a) the acts or omissions of Tenant or its agents, employees, or contractors, (b) inability to obtain, or delays in obtaining, necessary permits and/or (c) any reason other than "Tenant Delays" (as defined in the Work Letter) one or other matters more events beyond Landlord's reasonable control, the Commencement Date has not occurred by the date that is ninety (90) days 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, elect to terminate this Lease. Notwithstanding the foregoing, if at any time during the construction period, Landlord reasonably believes that the Commencement Date will not occur on or before ninety (90) days following the Estimated Commencement Date, Landlord shall notify Tenant in writing 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 of receipt of such notice to either terminate this Lease or waive its right to terminate this Lease provided the 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 within such ten (10) day period shall be deemed Tenant's waiver of its right to terminate this Lease as provided in this paragraph as to the previous outside date, but not as to the new outside date established by said notice. In all events, Landlord shall diligently and in good faith construct the Tenant Improvements in accordance with the requirements of the Work Letter attached hereto.

DELAY IN POSSESSION. If Landlord, for any reason whatsoever, cannot deliver possession of the Premises to Tenant on or before forty-five (45) days prior to the Estimated Commencement DateDate 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 and until the Commencement Date shall not occur except occurs as expressly provided in Section 3.1 above, except that if Landlord's ’s failure to deliver possession with the Tenant Improvements "Substantially Completed" on or before forty-five (45substantially complete all work required of Landlord pursuant to Section 3.1(i) days prior to the Estimated Commencement Date above is attributable to any Tenant Delay as described in the Work Letter attached to this LeaseLetter), then the Commencement Date Premises shall not be advanced to the date which is forty-five (45) days following the date on which possession of the Premises is tendered to Tenantdeemed ready for occupancy, and Landlord shall be entitled to full performance by Tenant (including the payment of rent) from ), as of the date which is forty-five (45) days following the date which Landlord would have been able to substantially complete such work and deliver the Premises to Tenant but for Tenant's ’s delay(s), but not sooner than April 1, 2014. If 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) Letter attached hereto), or other matters beyond Landlord's ’s reasonable control, the actual Commencement Date has not occurred by the date that is ninety (90) 90 days following the Estimated Commencement Date (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, elect to terminate this Lease; provided, however, that if the Commencement Date occurs within 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 10 business days after the date of delivery of Tenant’s termination notice, then this Lease shall terminate as of the 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 any time during the construction period, Landlord reasonably believes that the Commencement Date will not occur on or before ninety (90) days following the Estimated Commencement Outside Date, Landlord shall have the right to notify Tenant in writing of such fact and of a new outside date Outside Date on or before which the Commencement Date will occuroccur (the “New Outside Date”), and Tenant must elect within ten (10) 10 days of receipt delivery of such notice to either terminate this Lease or waive its right to terminate this Lease (provided the Commencement Date occurs does occur on or prior to the new outside date New Outside Date established by Landlord in such notice to Tenant). Tenant's ’s failure to elect to terminate this Lease within such ten (10) 10 day period shall be deemed Tenant's ’s waiver of its right to terminate this Lease as provided in this paragraph as to the previous outside dateoriginal Outside Date, but not as to the new outside date New Outside Date established by said notice. In all events, Landlord shall diligently and in good faith construct the Tenant Improvements in accordance with the requirements of the Work Letter attached hereto.

DELAY IN POSSESSION. If Landlord, for any reason whatsoever, cannot deliver possession of the Premises to Tenant on or before forty-five (45) days prior to the Estimated Commencement DateDate 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 and until the Commencement Date shall not occur except occurs as expressly provided in Section 3.1 above, except that if Landlord's ’s failure to deliver possession with substantially complete the Tenant Improvements "Substantially Completed" on or before forty-five (45work required of Landlord pursuant to Section 3.1(a) days prior to the Estimated Commencement Date above is attributable to any action or inaction by Tenant (including without limitation any Tenant Delay described in the Work Letter Letter, if any, attached to this Lease), then the Commencement Date Premises shall not be advanced to the date which is forty-five (45) days following the date on which possession of the Premises is tendered to Tenantdeemed ready for occupancy, and Landlord shall be entitled to full performance by Tenant (including the payment of rent) from ), as of the date which is forty-five (45) days following the date which Landlord would have been able to substantially complete such work and deliver the Premises to Tenant but for Tenant's ’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 occurred by on or before February 14, 2019 (the date that is ninety (90) days "Outside Completion Date"), Tenant shall be entitled to a rent abatement following the Estimated Commencement Date of one (1) day’s Basic Rent for every day in the period beginning on the Outside Completion Date and ending on the Commencement Date, then . Landlord and Tenant may, by written notice to Landlord given at any time thereafter but prior to acknowledge and agree that: (i) the actual occurrence determination of the Commencement Date, elect to terminate this Lease. Notwithstanding Date shall take into consideration the foregoing, if at effect of any time during Tenant Delays; and (ii) the construction period, Landlord reasonably believes that Outside Completion Date shall be postponed by the number of days the Commencement Date will not occur on or before ninety (90) days following the Estimated Commencement Date, Landlord shall notify Tenant in writing is delayed due to events 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 of receipt of such notice to either terminate this Lease or waive its right to terminate this Lease provided the 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 within such ten (10) day period shall be deemed Tenant's waiver of its right to terminate this Lease as provided in this paragraph as to the previous outside date, but not as to the new outside date established by said notice. In all events, Landlord shall diligently and in good faith construct the Tenant Improvements in accordance with the requirements of the Work Letter attached heretoforce majeure.

DELAY IN POSSESSION. If Landlord, for any reason whatsoever, cannot deliver possession of the Premises to Tenant on or before forty-five (45) days prior to the Estimated Commencement Date as set forth in Item 4 of the Basic Lease Provisions (“Estimated Commencement Date”), 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 and the Commencement Date shall not occur except as expressly provided until Landlord tenders possession of the Premises in accordance with Section 3.1 (b) above, except that if Landlord's failure to deliver Landlord cannot so tender possession with of the Tenant Improvements "Substantially Completed" Premises on or before forty-five (45) days prior to the Estimated Commencement Date is attributable due to any action or inaction of Tenant (including without limitation any Tenant Delay described in the Work Letter Letter, if any, attached to this Lease), then the Commencement Date shall not be advanced deemed to the date which is forty-five (45) days following the date on which possession of the Premises is tendered to Tenant, have occurred and Landlord shall be entitled to full performance by Tenant (including the payment of rent) from the date which is forty-five (45) days following the date which Landlord would have been able to deliver the Premises to Tenant but for Tenant's delay(s)Tenants action or inaction, including without limitation any Tenant Delay described in the attached Work Letter, if any. If 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) Letter attached hereto), or other matters beyond Landlord's ’s reasonable control, the actual Commencement Date has not occurred by the date that is ninety sixty (9060) days 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, elect to terminate this Lease. Notwithstanding the foregoing, if at any time during the construction period, Landlord reasonably believes that the Commencement Date will not occur on or before ninety sixty (9060) days following the Estimated Commencement Date, Landlord shall may notify Tenant in writing 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 of receipt of such notice to either terminate this Lease or waive its right to terminate this Lease provided the Commencement Date occurs on or prior to the new outside date established by Landlord in such notice to Tenant. Tenant's ’s failure to elect to terminate this Lease within such ten (10) day period shall be deemed Tenant's ’s waiver of its right to terminate this Lease as provided in this paragraph as to the previous outside date, but not as to the new outside date established by said notice. In all events, Landlord shall diligently and in good faith construct the Tenant Improvements in accordance with the requirements of the Work Letter attached hereto.

DELAY IN POSSESSION. If LandlordNotwithstanding the Commencement Dates specified in Section 1.11, if for any reason whatsoever, Landlord cannot deliver possession of the Premises to Tenant on or before forty-five (45) days prior to the Estimated Commencement Datesaid dates, this Lease Landlord shall not be void or voidable subject to any liability therefor, nor shall Landlord be liable to such failure affect the validity of this Lease or the obligations of Tenant for any resulting loss or damage. Howeverhereunder; provided, however, in such a case, Tenant shall not be liable for obligated to pay rent or additional rent or perform any rent and the Commencement Date shall not occur except as expressly provided in Section 3.1 above, except that if Landlord's failure to deliver possession with the other obligation of Tenant Improvements "Substantially Completed" on or before forty-five (45) days prior to the Estimated Commencement Date is attributable to any Tenant Delay described in the Work Letter attached to under this Lease, then the Commencement Date shall not except as may be advanced to the date which is forty-five (45) days following the date on which otherwise provided in this Lease, until possession of the Premises is tendered to Tenant. Notwithstanding anything herein to the contrary, and if Landlord shall be entitled to full performance by Tenant (including the payment of rent) from the date which is forty-five (45) days following the date which Landlord would have been able to not deliver the Premises A 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 occurred by the date that is ninety (90) days 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, elect to terminate this Lease. Notwithstanding the foregoing, if at any time during the construction period, Landlord reasonably believes that the Commencement Date will not occur on or before ninety one hundred twenty (90120) days following after the Estimated Commencement Date, Landlord shall notify Tenant in writing execution 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 of receipt of such notice to either terminate this Lease or waive by Tenant, Tenant, at its right to terminate this Lease provided election, shall have the 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 within such ten (10) day period shall be deemed Tenant's waiver of its right to terminate this Lease as to the Premises A thirty (30) days after the giving of such notice, and this Lease shall terminate as to Premises A thirty (30) days thereafter (the "Premises A Early Termination Date"); provided, however, if the Premises A shall be tendered to Tenant prior to the Premises A Early Termination Date, the termination shall be null and void and this Lease shall remain in full force and effect as to Premises A. If Tenant exercises its right of early termination as provided above, such exercise shall be Tenant's sole and exclusive remedy, at law or in equity, for Landlord's failure to deliver the Premises A to Tenant as contemplated by this paragraph Lease provided Landlord shall have returned to Tenant the Security Deposit, if any, previously delivered to Landlord by Tenant with respect to Premises A. Notwithstanding anything herein to the contrary, if Landlord shall not deliver the Premises B to Tenant on or before one hundred twenty (120) days after November 1, 2000_, Tenant, at its election, shall have the right to terminate this Lease as to the previous outside datePremises B thirty (30) days after the giving of such notice, but not and this Lease shall terminate as to Premises B thirty (30) days thereafter (the new outside date established "Premises B Early Termination Date"); provided, however, if the Premises B shall be tendered to Tenant prior to the Premises B Early Termination Date, the termination shall be null and void and this Lease shall remain in full force and effect as to Premises B. If Tenant exercises its right of early termination as provided above, such exercise shall be Tenant's sole and exclusive remedy, at law or in equity, for Landlord's failure to deliver the Premises B to Tenant as contemplated by said notice. In all events, this Lease provided Landlord shall diligently and in good faith construct have returned to Tenant the Security Deposit, if any, previously delivered to Landlord by Tenant Improvements in accordance with the requirements of the Work Letter attached hereto.respect to Premises B.

DELAY IN POSSESSION. If Landlord, for any reason whatsoever, cannot deliver possession of the Premises to Tenant on or before forty-five the date that is two weeks after the date of the last signatory hereto (45) days prior to the “Estimated Commencement Delivery Date”), 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 and until the Commencement Date shall not occur except occurs as expressly provided in Section 3.1 above, except that if Landlord's failure to deliver Landlord cannot tender possession of the Premises in accordance with the Tenant Improvements "Substantially Completed" on or before forty-five (45) days prior to the Estimated Commencement Date is attributable provisions of Section 3.1 above due to any Tenant Delay described in the Work Letter attached to this Leaseaction or inaction of Tenant, then the Commencement Date shall not be advanced deemed to the date which is forty-five (45) days following the date on which possession of the Premises is tendered to Tenant, have occurred and Landlord shall be entitled to full performance by Tenant (including the payment of rent) from the date which is forty-five (45) days following the date which Landlord would have been able to deliver so tender possession of the Premises to Tenant but for Tenant's delay(s)’s action or inaction. If For purposes of determining the Commencement Date pursuant to Section 3.1, the date set forth in Section 3.1(c) above shall be extended on a day for day basis for each day Landlord is delayed in delivering possession of the Premises to Tenant beyond the Estimated Delivery Date; provided, however, if such delay is caused or contributed to by Tenant, the date set forth in Section 3.1(c) above shall not be extended as a result of such delay. 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) , or other matters beyond Landlord's ’s reasonable control, the actual Commencement Date has not occurred by the date that is ninety one hundred twenty (90120) days following the Estimated Commencement Delivery Date, then Tenant may, by written notice to Landlord given at any time thereafter within ten (10) days thereafter, but prior to the actual occurrence of the Commencement Date, elect to terminate this Lease. Notwithstanding the foregoing, if at any time during the construction periodperiod for the Tenant Improvements, Landlord reasonably believes that the Commencement Date will not occur on or before ninety one hundred twenty (90120) days following the Estimated Commencement Delivery Date, Landlord shall may notify Tenant in writing 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 of receipt of such notice to either terminate this Lease or waive its right to terminate this Lease provided the Commencement Date occurs on or prior to the new outside date established by Landlord in such notice to Tenant. Tenant's ’s failure to elect to terminate this Lease within such ten (10) day period shall be deemed Tenant's ’s waiver of its right to terminate this Lease as provided in this paragraph as to the previous outside date, but not as to the new outside date established by said notice. In all events, Landlord shall diligently and in good faith construct the Tenant Improvements in accordance with the requirements of the Work Letter attached hereto.,

DELAY IN POSSESSION. If Landlord, for any reason whatsoever, Landlord cannot deliver possession of the Premises to Tenant on or before forty-five (45) days prior to the Estimated Commencement Date, 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 and the Commencement Date shall not occur except until 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 expressly provided in per Section 3.1 3.1(a) above, except that if Landlord's failure to so deliver possession with the Tenant Improvements "Substantially Completed" on or before forty-five (45) days prior to the Estimated Commencement Date is attributable to any action or inaction by Tenant (including without limitation any Tenant Delay described in the Work Letter Letter, if any, attached to this Lease), then the Commencement Date shall not be advanced to the date which is forty-five (45) days following 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 which is forty-five (45) days following the date which Landlord would have been able to deliver the Premises to Tenant but for Tenant's delay(s). If 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) or other matters beyond Landlord's reasonable control, the Commencement Date has not occurred by the date that is ninety one hundred eighty (90180) days 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, elect to terminate this Lease. Notwithstanding the foregoing, if at any time during the construction period, Landlord reasonably believes that the Commencement Date will not occur on or before ninety to hundred ten (90210) days following the Estimated Commencement Date, Landlord shall notify Tenant in writing 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 of receipt of such notice to either terminate this Lease or waive its right to terminate this Lease provided the 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 within such ten (10) day period shall be deemed Tenant's waiver of its right to terminate this Lease as provided in this paragraph as to the previous outside date, but not as to the new outside date established by said notice. In all events, Landlord shall diligently and in good faith construct the Tenant Improvements in accordance with the requirements of the Work Letter attached hereto.

DELAY IN POSSESSION. If LandlordSubject to extension due to events of Force Majeure (hereinafter defined) and Lessee Caused Delays (hereinafter defined), Lessor agrees to use its best commercially reasonable efforts to deliver possession of (i) the Phase I Premises to Lessee by the Phase I Commencement Date, (ii) the Phase II Premises to Lessee by the Phase II Commencement Date, (iii) the Phase III Premises to Lessee by the Phase III Commencement Date; and (iv) the Phase IV Premises to Lessee by the Phase IV 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 change the Expiration Date. Lessee shall not, however, be obligated to pay Rent or perform its other obligations with respect to the Phase I Premises, Phase II Premises, Phase III Premises or Phase IV Premises (as applicable) until Lessor delivers possession of the such portion of the Premises and any period of rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to what Lessee would otherwise have enjoyed under the terms hereof; provided, however, that, if the date Lessor delivers possession of the applicable portion of the Premises to Lessee is delayed solely as a result of Lessee Caused Delays, then, for purposes of this Lease, the Phase I Commencement Date, the Phase II Commencement Date, the Phase III Commencement Date and the Phase IV Commencement Date (as applicable) shall be deemed to be the actual date of tender of possession minus the number of days delayed solely as a result of Lessee Caused Delays. “Lessee Caused Delay” shall mean any delay in the Phase I Commencement, the Phase II Commencement Date, the Phase III Commencement Date or the Phase IV Commencement Date (as applicable) resulting by reason whatsoeverof any one or more of the following: (a) Lessee’s failure to respond to any request by Lessor for any approval or information within any time period prescribed, cannot deliver or if no time period is prescribed, then within five (5) days of such request; (b) Lessee’s insistence on materials, finishes or installations that have long lead times after having first been informed by Lessor that such materials, finishes or installations will cause a delay and Lessor has proposed commercially suitable alternatives; (c) changes in any plans and specifications requested by Lessee; (d) the performance or nonperformance by a person or entity employed by Lessee in the completion of any work in the Premises (all such work and such persons or entities being subject to the prior approval of Lessor, except as may otherwise be provided for in this Lease); (e) any request by Lessee that Lessor delay the completion of any of the Lessor’s Work; (f) any breach or default by Lessee in the performance of Lessee’s obligations under this Lease; (g) any delay resulting from Lessee’s having taken possession of the Premises to Tenant on or before forty-five (45) days prior to the Estimated Commencement Date, 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 and the Commencement Date shall not occur except as expressly provided in Section 3.1 above, except that if Landlord's failure to deliver possession with the Tenant Improvements "Substantially Completed" on or before forty-five (45) days prior to the Estimated Commencement Date is attributable to any Tenant Delay described in the Work Letter attached to this Lease, then the Commencement Date shall not be advanced to the date which is forty-five (45) days following 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 which is forty-five (45) days following the date which 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 occurred by the date that is ninety (90) days following the Estimated Commencement Date, then Tenant may, by written notice to Landlord given at any time thereafter but prior to the actual occurrence substantial completion of the Commencement DateLessor’s Work; or (h) any other delay chargeable to Lessee, elect to terminate this Leaseits agents, employees or independent contractors. Notwithstanding the foregoing, if Lessor does not deliver possession of the Phase I Premises by August 25, 2021 (subject to extension due to events of Force Majeure and Lessee Caused Delays and as the same may be extended under the terms of any Work Letter executed be Parties) (the “Phase I Outside Delivery Date”), Lessee may, at its option, by written notice to Lessor within five (5) days after the Phase I Outside Delivery Date, cancel this Lease, in which event the Parties shall be discharged from all obligations hereunder, other than any time during the construction obligations that expressly survive expiration or earlier termination of this Lease. If such written notice is not received by Lessor within said five (5) day period, Landlord reasonably believes that Lessee's right terminate pursuant to this Section 3.3 as a result of delayed delivery of the Commencement Date will not occur on or before ninety (90) days following the Estimated Commencement Date, Landlord Phase I Premises shall notify Tenant in writing of such fact be null and void and of a new outside date on or before which the Commencement Date will occur, no further force and Tenant must elect within ten (10) days of receipt of such notice to either terminate this Lease or waive effect. Provided that Lessee has not exercised its right to terminate the Lease pursuant to this Lease provided Section 3.3 as a result of delayed delivery of the Commencement Date occurs on or prior Phase I Premises, if Lessor does not deliver possession of the Phase III Premises by August 25, 2023 (subject to extension due to events of Force Majeure and Lessee Caused Delays and as the new outside date established same may be extended under the terms of any Work Letter executed be Parties) (the “Phase III Outside Delivery Date”), Lessee may, at its option, by Landlord in such written notice to TenantLessor within five (5) days after the Phase III Floor Outside Delivery Date, cancel this Lease, in which event the Parties shall be discharged from all obligations hereunder, other than any obligations that expressly survive expiration or earlier termination of this Lease. Tenant's failure to elect to terminate this Lease If such written notice is not received by Lessor within such ten said five (105) day period period, Lessee's right terminate pursuant to this Section 3.3 as a result of delayed delivery of the Phase III Premises shall be deemed Tenant's waiver null and void and of no further force and effect. Provided that Lessee has not exercised its right to terminate the Lease pursuant to this Lease Section 3.3 as provided in this paragraph as to the previous outside date, but not as to the new outside date established by said notice. In all events, Landlord shall diligently and in good faith construct the Tenant Improvements in accordance with the requirements a result of delayed delivery of the Phase I Premises or Phase III Premises, if Lessor does not deliver possession of the Phase IV Premises by August 25, 2024 (subject to extension due to events of Force Majeure and Lessee Caused Delays and as the same may be extended under the terms of any Work Letter attached hereto.executed be Parties) (the “Phase IV Outside Delivery Date”), Lessee may, at its option, by written notice to Lessor within five (5) days after the Phase IV Outside Delivery Date, cancel this Lease, in which event the Parties shall be discharged from all obligations hereunder, other than any obligations that expressly survive expiration or earlier termination of this Lease. If such written notice is not received by Lessor within said five (5) day period, Lessee's right terminate pursuant to this Section

DELAY IN POSSESSION. If Landlord, for any reason whatsoever, cannot deliver possession of the Premises to Tenant on or before forty-five (45) days prior to the Estimated Commencement DateDate 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 and until the Commencement Date shall not occur except occurs as expressly provided in Section 3.1 above, except that if Landlord's ’s failure to deliver possession with the Tenant Improvements "Substantially Completed" on or before forty-five (45substantially complete all work required of Landlord pursuant to Section 3.1(i) days prior to the Estimated Commencement Date above is attributable to any action or inaction by Tenant (including without limitation any Tenant Delay described in the Work Letter Letter, if any, attached to this Lease), then the Commencement Date Premises shall not be advanced to the date which is forty-five (45) days following the date on which possession of the Premises is tendered to Tenantdeemed ready for occupancy, and Landlord shall be entitled to full performance by Tenant (including the payment of rent) from ), as of the date which is forty-five (45) days following the date which Landlord would have been able to substantially complete such work and deliver the Premises to Tenant but for Tenant's ’s delay(s). If Notwithstanding anything to the contrary contained in this Section 3.2, but provided the Lease is fully executed and delivered not later than June 22, 2010, if for any reason other than "“Tenant Delays" ” (as defined in the Work Letter) or other matters beyond Landlord's ’s reasonable control, the actual Commencement Date of this Lease has not occurred by on or before October 31, 2010 (the date that is ninety (90) days following the Estimated Commencement “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, elect to terminate this Lease. Notwithstanding the foregoing, if at any time during the construction period, Landlord reasonably believes that the Commencement Date will not occur on or before ninety (90) days following the Estimated Commencement Date, Landlord shall notify Tenant in writing 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 of receipt of such notice to either terminate this Lease or waive its right to terminate this Lease provided the Commencement Date occurs on or prior shall be extended to the new outside date established by Landlord in such notice which is the earlier of (a) the date the Premises are deemed “ready for occupancy” and possession thereof is delivered to Tenant. Tenant's failure to elect to terminate this Lease within such ten (10) day period shall be deemed Tenant's waiver of its right to terminate this Lease as provided in this paragraph as to the previous outside date, but not as to sooner than January 15, 2011, or (b) the new outside date established by said notice. In all events, Landlord shall diligently and in good faith construct Tenant commences its business activities within the Tenant Improvements in accordance with the requirements of the Work Letter attached heretoPremises.

DELAY IN POSSESSION. If Landlord, for any reason whatsoeverreason, Landlord cannot deliver possession of the Premises to Tenant with the Tenant Improvements substantially completed on or before forty-five (45) days prior to the Estimated Anticipated Commencement Date, 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 obligated to pay Monthly Rent or Additional Rent other than as provided in Section 3.3 and Section 3.5 until the Commencement Date shall not occur except as expressly provided in Section 3.1 above, except that if Landlord's failure to deliver possession with the Tenant Improvements "Substantially Completed" on or before forty-five (45) days prior to the Estimated Commencement Date is attributable to any Tenant Delay described in the Work Letter attached to this Lease, then the Commencement Date shall not be advanced to the date which is forty-five (45) days following 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 which is forty-five (45) days following the date which Landlord would have been able to deliver the Premises to Tenant but for Tenant's delay(s)has occurred. 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 occurred by the date that is ninety within one hundred eighty (90180) days following the Estimated Commencement Datedate of this Lease (increased by any period of Tenant Delay), then Tenant mayat its option, by written notice to Landlord given within one hundred ninety (190) days following the date of this Lease (increased by any periods of Tenant Delay), may terminate this Lease, in which event the parties shall be discharged from all further obligations accruing under this Lease. If the Commencement Date has not occurred within one hundred eighty (180) days following the Anticipated Commencement Date (plus periods attributable to delays by Landlord or Unavoidable Delay), Landlord may, at its option, by written notice to Tenant at any time thereafter but prior to the actual occurrence of the Commencement Date, elect to terminate this Lease, in which event the parties shall be discharged from all further obligations accruing hereunder. Notwithstanding If for any reason delivery of possession of the foregoing, if at any time during the construction period, Landlord reasonably believes that the Commencement Date will not occur on or before ninety (90) days following the Estimated Commencement DatePremises to Tenant is delayed, Landlord shall notify Tenant in writing not be subject to any liability therefore, such failure shall not affect the validity 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 of receipt of such notice to either terminate this Lease or waive its right the obligations of Tenant hereunder and Tenant's remedies for such delay shall be limited to terminate those set forth in this Lease provided the Commencement Date occurs on or prior Section 3.4. Tenant understands that, notwithstanding anything to the new outside date established by Landlord in such notice to Tenant. Tenant's failure to elect to terminate this Lease within such ten (10) day period shall be deemed Tenant's waiver of its right to terminate this Lease as provided in this paragraph as to the previous outside date, but not as to the new outside date established by said notice. In all eventscontrary contained herein, Landlord shall diligently and in good faith construct have no obligation to deliver possession of the Premises to Tenant for so long as any of the Tenant Improvements in accordance with the requirements Delays as set forth under clause (ii) of the Work Letter attached heretodefinition of Tenant Delays are outstanding.

DELAY IN POSSESSION. If Landlord, for any reason whatsoever, cannot deliver possession of the Premises to Tenant on or before forty-five (45) days prior to the Estimated Commencement Date, 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 and the Commencement Date shall not occur except until 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 expressly provided in per Section 3.1 3.1(a) above, except that if Landlord's failure to so deliver possession with the Tenant Improvements "Substantially Completed" on or before forty-five (45) days prior to the Estimated Commencement Date is attributable to any action or inaction by Tenant (including without limitation any Tenant Delay described in the Work Letter Letter, if any, attached to this Lease), then the Commencement Date shall not be advanced to the date which is forty-five (45) days following 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 which is forty-five (45) days following the date which Landlord would have been able to deliver the Premises to Tenant but for Tenant's delay(s). If 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) or other matters beyond Landlord's reasonable control, the Commencement Date has not occurred by the date that is ninety one hundred eighty (90180) days 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, elect to terminate this Lease. Notwithstanding the foregoing, if at any time during the construction period, Landlord reasonably believes that the Commencement Date will not occur on or before ninety one hundred eighty (90180) days following the Estimated Commencement Date, Landlord shall may notify Tenant in writing 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 of receipt of such notice to either terminate this Lease or waive its right to terminate this Lease provided the 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 within such ten (10) day period shall be deemed Tenant's waiver of its right to terminate this Lease as provided in this paragraph as to the previous outside date, but not as to the new outside date established by said notice. In all eventsNotwithstanding anything to the contrary contained in this Section 3.2, Landlord shall diligently and however, if for any reason other than "Tenant Delays" (as defined in good faith construct the Tenant Improvements in accordance with the requirements of the Work Letter attached heretoLetter), the Commencement Date has not occurred by that date that is one (1) year following the Estimated Commencement Date, then Tenant may, by written notice to Landlord given within twenty (20) business days thereafter but prior to the actual Commencement Date, elect to terminate this Lease.

DELAY IN POSSESSION. If LandlordIn addition to the terms and provisions of Section 3.3 of the Lease, for any reason whatsoever, canin the event that Lessor does not deliver possession of the Premises to Tenant Lessee on or before forty-five January 24, 2007 (45the "Anticipated Completion Date") days prior to the Estimated Commencement Date, 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 and the Commencement Date shall not occur except as expressly provided in Section 3.1 above, except that if Landlord's failure to deliver possession with the Tenant Improvements "Substantially Completed" on or before forty-five , which date shall be extended by one (451) days prior to day for each day the Estimated Commencement Date is attributable actually delayed due to any Tenant Delay described in the Work Letter attached to this Lease, then the Commencement Date shall not be advanced to the date which is forty-five (45) days following 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 which is forty-five (45) days following the date which 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), Lessor shall not be in default hereunder, but for the period from and after the Anticipated Completion Date (as extended) or other matters beyond Landlord's reasonable control, the Commencement Date has not occurred by until the date that which is ninety seven (907) days following after Lessor delivers possession of the Estimated Commencement Premises to Lessee with the Tenant Improvements Substantially Completed (such period shall be referred to herein as the "Holdover Period"), Lessor shall reimburse Lessee for the "holdover rent" actually paid by Lessee during the Holdover Period, not to exceed Thirty Thousand Dollars ($30,000.00) per month. For purposes of this Section 18, "holdover rent" shall mean the increased portion of the base rent paid by Lessee for its premises located at 00000 Xxxxxxx Xxxxx, Xxxxxx, XX (the "Former Premises") as a result of Lessee occupying the Former Premises beyond the Anticipated Completion Date. Lessor acknowledges that rather than holding over without the consent of the landlord of the Former Premises, Lessee may (a) negotiate an extension of its lease thereof to cover the holdover period, or (b) lease space at another location, in which event Lessor shall reimburse Lessee for the rent actually paid by Lessee during the Holdover Period pursuant to such extension or new lease up to the amount of the "holdover rent" which would have been paid for the Former Premises pursuant to Lessee's existing lease agreement for the Former Premises, not to exceed Thirty Thousand Dollars ($30,000.00) per month. Lessee will use commercially reasonable, good faith efforts to coordinate its holdover with the landlord for the Former Premises so that Lessee's holdover and holdover rental obligations will terminate upon the date which is seven (7) days after Lessor delivers possession of the Premises to Lessee with the Tenant Improvements Substantially Completed (the "Delivery Date"), however the parties acknowledge that, despite Lessee's commercially reasonable, good faith efforts, Lessee may be required to pay holdover rent for periods beyond the Delivery Date. If (a) Lessor delivers possession of the Premises to Lessee with the Tenant Improvements Substantially Completed, and (b) Lessee is obligated to pay holdover rent for the Former Premises beyond the Delivery Date, then Tenant maythe Abatement Period shall be extended, on the terms and conditions set forth in Section 3 of this Addendum, by written notice 1 day for each day beyond the Delivery Date that Lessee is obligated to Landlord given at any time thereafter but prior pay holdover rent for the Former Premises, not to the actual occurrence exceed an aggregate of the Commencement Date, elect to terminate this Lease. Notwithstanding the foregoing, if at any time during the construction period, Landlord reasonably believes that the Commencement Date will not occur on or before ninety thirty (9030) days following the Estimated Commencement Date, Landlord shall notify Tenant in writing 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 of receipt of such notice to either terminate this Lease or waive its right to terminate this Lease provided the 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 within such ten (10) day period shall be deemed Tenant's waiver of its right to terminate this Lease as provided in this paragraph as to the previous outside date, but not as to the new outside date established by said notice. In all events, Landlord shall diligently and in good faith construct the Tenant Improvements in accordance with the requirements of the Work Letter attached heretodays.

DELAY IN POSSESSION. If LandlordThe parties have anticipated that the Tenant Improvements will be Substantially Completed by December 8, for any reason whatsoever1995, cannot deliver possession of the Premises to Tenant on or before forty-five (45) days prior to the Estimated Commencement Date, this Lease which would afford Tenant sufficient time to move into the Leased Premises on or before January 1, 1996. If the Commencement Date does not occur by December 8, 1995, then Tenant may not be able to complete the move into the Leased Premises by January 1, 1996 and would therefore incur the obligation to pay higher rent at a holdover rate in its existing lease of space that Tenant will vacate to occupy the Leased Premises (the "Existing Lease"). According, if the Commencement Date does not occur by December 8, 1995, except as a result of a Tenant Delay or a Force Majeure Delay (hereinafter described), then commencing on December 9, 1994 until the Commencement Date occurs, Landlord agrees to pay to Tenant a fee (the "Holdover Payment") to offset the additional rent Tenant will be obligated to pay at the holdover rate under its Existing Lease. The Holdover Payment shall equal $500.00 for the first day commencing on December 9, 1995 and increase by $100.00 a day thereafter until the daily Holdover Payment is equal to $1,800.00, at which time there shall be no further increase in the daily Holdover Payment. Notwithstanding the foregoing, Landlord shall not be void or voidable nor responsible for paying the Holdover Payment if the landlord under the Existing Lease does not charge rent at the holdover rate under the Existing Lease. Under no circumstances shall Landlord be liable to Tenant responsible for any resulting loss or damage. However, Tenant shall not be liable for any rent and making a Holdover Payment if the delay in the Commencement Date shall not occur except as expressly provided in Section 3.1 above, except that if Landlord's failure is due to deliver possession with the Tenant Improvements "Substantially Completed" on or before forty-five (45) days prior to the Estimated Commencement Date is attributable to any a Tenant Delay described in the Work Letter attached to this Lease, then the Commencement Date or a Force Majeure Delay. Any Holdover Payment for a partial month shall not be advanced to the date which is forty-five (45) days following the date prorated on which possession of the Premises is tendered to Tenant, and a daily basis. Landlord shall be entitled to full performance pay its Holdover Payment promptly after receipt of written evidence of payment by Tenant (including the payment of rent) from the date which is forty-five (45) days following the date which Landlord would have been able to deliver the Premises to Tenant but for its monthly holdover rent under 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 occurred by the date that is ninety (90) days 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, elect to terminate this Existing Lease. Notwithstanding the foregoing, if at in no event shall the aggregate amount of Holdover Payments exceed the lesser of (a) $50,000.00 per month, or (b) fifty percent (50%) of the daily holdover rent paid by Tenant to the landlord under its Existing Lease. The term "Force Majeure Delay" shall mean any time during delay, other than a Tenant Delay, by Landlord in completing the construction period, Landlord reasonably believes that the Commencement Date will not occur on or before ninety (90) days following Tenant Improvements by the Estimated Commencement DateDate by reason of governmental preemption of priorities or other controls in connection with a national or other public emergency, or fire, earthquake, or other casualty, riots or other civil commotion, strikes, labor trouble (provided Landlord shall notify has engaged a licensed and experienced contractor to construct the Tenant in writing Improvements) or shortages of such fact material (provided Landlord has ordered the materials within the time period a licensed and experienced contractor would have ordered the materials to commence and Substanitally Complete construction of a new outside date on or before which the Commencement Date will occur, and Tenant must elect within ten (10) days of receipt of such notice to either terminate this Lease or waive its right to terminate this Lease provided the 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 within such ten (10) day period shall be deemed Tenant's waiver of its right to terminate this Lease as provided in this paragraph as to the previous outside date, but not as to the new outside date established by said notice. In all events, Landlord shall diligently and in good faith construct the Tenant Improvements in accordance with the requirements light of the Work Letter attached heretoestimated schedule to commence and complete the Tenant Improvements as provided in the Lease), or causes beyond the control of the Landlord, but excluding any financial exigency of Landlord.

DELAY IN POSSESSION. If Landlord, for any reason whatsoever, cannot deliver possession of the Premises to Tenant on or before forty-five (45) days prior to the Estimated Commencement Date, 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 and the Commencement Date shall not occur except as expressly provided until Landlord tenders possession of the Premises in accordance with Section 3.1 3.1(b) above, except that if Landlord's failure to deliver Landlord cannot so tender possession with of the Tenant Improvements "Substantially Completed" Premises on or before forty-five (45) days prior to the Estimated Commencement Date is attributable due to any action or inaction of Tenant (including without limitation any Tenant Delay described in the Work Letter Letter, if any, attached to this Lease), then the Commencement Date shall not be advanced deemed to the date which is forty-five (45) days following the date on which possession of the Premises is tendered to Tenant, have occurred and Landlord shall be entitled to full performance by Tenant (including the payment of rent) from the date which is forty-five (45) days following the date which Landlord would have been able to deliver the Premises to Tenant but for Tenant's delay(s)’s action or inaction, including without limitation any Tenant Delay described in the attached Work Letter, if any. If 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) Letter attached hereto), or other matters beyond Landlord's ’s reasonable control, the actual Commencement Date has not occurred by the date that is ninety one hundred twenty (90120) days 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, elect to terminate this Lease. Notwithstanding the foregoing, if at any time during the construction periodperiod of the Tenant Improvements Work, Landlord reasonably believes that the Commencement Date will not occur on or before ninety one hundred twenty (90120) days following the Estimated Commencement Date, Landlord shall may notify Tenant in writing 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 of receipt of such notice to either terminate this Lease or waive its right to terminate this Lease provided the Commencement Date occurs on or prior to the new outside date established by Landlord in such notice to Tenant. Tenant's ’s failure to elect to terminate this Lease within such ten (10) day period shall be deemed Tenant's ’s waiver of its right to terminate this Lease as provided in this paragraph as to the previous outside date, but not as to the new outside date established by said notice. In all events, Landlord shall diligently and in good faith construct the Tenant Improvements in accordance with the requirements of the Work Letter attached hereto.

DELAY IN POSSESSION. Landlord currently anticipates that the Office Space Delivery Date will occur on or about the Estimated Delivery Date. If Landlordthe Office Space Delivery Date has not occurred by the Estimated Delivery Date because of the holding over or retention of possession of any tenant or occupant, or if any repairs or improvements to the Demised Premises are not completed, or for any reason whatsoeverother reason, canLandlord shall not deliver possession of be subject to any liability to Tenant. Under such circumstances (but subject to the Premises provisions herein relating to Tenant on or before forty-five (45) days prior Delay), the Rent reserved and covenanted to be paid herein shall not commence until the Estimated Commencement Date, 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 and the Commencement Date shall not occur except as expressly provided in Section 3.1 above, except that if Landlord's no such failure to deliver possession with shall in any other respect affect the Tenant Improvements "Substantially Completed" on or before forty-five (45) days prior to validity of this Lease. Notwithstanding the Estimated Commencement Date is attributable to any Tenant Delay described foregoing, in the Work Letter attached to this Lease, then event that the Commencement Date shall for the Office Space does not be advanced to occur by the date which is forty-five thirty (4530) days following after the date Estimated Delivery Date (other than on which possession account of the Premises is tendered to Tenanta Tenant Delay), and Landlord then Tenant shall be entitled entitled, as its sole and exclusive remedy, to full performance by Tenant a rent credit equal to one day’s Base Rent (including net of Operating Expenses) for each day that the payment Commencement Date is delayed beyond such thirtieth (30th) day after the Estimated Delivery Date; provided, however, in no event shall such credit exceed One Hundred and Twenty (120) days’ free Base Rent (net of rentOperating Expenses) from the date which is forty-five (45) days following the date which 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, aggregate. In the event that the Commencement Date has not occurred by the date that which is ninety One Hundred and Twenty (90120) days following after the Estimated Commencement DateDelivery Date (other than on account of a Tenant Delay), then Tenant may, by written notice to Landlord given at any time shall thereafter but prior to have the actual occurrence of the Commencement Date, elect to terminate this Lease. Notwithstanding the foregoing, if at any time during the construction period, Landlord reasonably believes that the Commencement Date will not occur on or before ninety (90) days following the Estimated Commencement Date, Landlord shall notify Tenant in writing 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 of receipt of such notice to either terminate this Lease or waive its right to terminate this Lease provided by delivering fifteen (15) days’ written notice thereof to Landlord at any time prior to the Commencement Date; provided, however, that if the Commencement Date occurs on or prior to the new outside date established by Landlord in such shall occur within fifteen (15) days after Landlord’s receipt of Tenant’s termination notice, then Tenant’s termination notice to Tenant. Tenant's failure to elect to terminate shall be null and void and this Lease within such ten (10) day period shall be deemed Tenant's waiver of its right to terminate this Lease as provided remain in this paragraph as to the previous outside date, but not as to the new outside date established by said notice. In all events, Landlord shall diligently full force and in good faith construct the Tenant Improvements in accordance with the requirements of the Work Letter attached heretoeffect.

DELAY IN POSSESSION. If LandlordNotwithstanding the estimated Commencement Date specified in Section 1.10, if for any reason whatsoever, Landlord cannot deliver possession of the Premises to Tenant on said date or before forty-five (45) days prior to the Estimated Commencement Dateany other date, this Lease Landlord shall not be void or voidable subject to any liability therefor, nor shall Landlord be liable to such failure affect the validity of this Lease or the obligations of Tenant for any resulting loss or damage. Howeverhereunder; provided, however, in such a case, Tenant shall not be liable for obligated to pay rent or perform any rent and the Commencement Date shall not occur except as expressly provided in Section 3.1 above, except that if Landlord's failure to deliver possession with the other obligation of Tenant Improvements "Substantially Completed" on or before forty-five (45) days prior to the Estimated Commencement Date is attributable to any Tenant Delay described in the Work Letter attached to under this Lease, then the Commencement Date shall not except as may be advanced to the date which is forty-five (45) days following the date on which otherwise provided in this Lease, until possession of the Premises is tendered to Tenant, and as defined in Section 3.4. If Landlord shall be entitled not have tendered possession of the Premises to full performance by Tenant within one hundred twenty (including the payment of rent) from the date which is forty-five (45120) days following the date which 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 estimated Commencement Date has not occurred by specified in Section 1.10, as the date that is ninety (90) days following same may be adjusted in accordance with this Section 3.2 or Section 3.3 or in accordance with the Estimated Commencement Dateterms of any work letter agreement attached to this Lease, then Tenant may, at Tenant's option, by written notice in writing to Landlord given at any time thereafter but prior to the actual occurrence of the Commencement Date, elect to terminate this Lease. Notwithstanding the foregoing, if at any time during the construction period, Landlord reasonably believes that the Commencement Date will not occur on or before ninety (90) days following the Estimated Commencement Date, Landlord shall notify Tenant in writing 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 the expiration of receipt of such notice to either the one hundred twenty (120) day period, terminate this Lease or waive its right to terminate Lease. If Tenant terminates this Lease as provided in the Commencement Date occurs on or prior to preceding sentence, the new outside date established parties shall be discharged from all obligations hereunder, except that Landlord shall return any money previously deposited with Landlord by Tenant; and provided further, that if such written notice by Tenant is not received by Landlord in such notice to Tenant. Tenant's failure to elect to terminate this Lease within such said ten (10) day period period, Tenant shall be deemed Tenant's waiver of its not have the right to terminate this Lease as provided above unless Landlord fails to tender possession of the Premises to Tenant within two hundred forty (240) days following the estimated Commencement Date specified in Section 1.10, as the same may be adjusted in accordance with this paragraph as to the previous outside date, but not as to the new outside date established by said notice. In all events, Landlord shall diligently and in good faith construct the Tenant Improvements Section 3.2 or Section 3.3 or in accordance with the requirements terms of any work letter agreement attached to this Lease. If Landlord is unable to deliver possession of the Work Letter Premises to Tenant on the estimated Commencement Date specified in Section 1.10, as the same may be adjusted in accordance with this Section 3.2 or Section 3.3 or in accordance with the terms of any work letter agreement attached hereto.to this Lease, due to a Force Majeure Event (as defined

DELAY IN POSSESSION. A. If Landlordthe Premises are not ready for occupancy by the Tenant or the Leasehold Improvements described in Exhibit B have not been substantially completed by the Commencement Date, then Base Rent and Additional Rent shall xxxxx until the Premises are delivered or such Leasehold Improvements have been substantially completed. In addition, and without limitation of the foregoing abatement, if, subject to Excused Delays (as hereinafter defined), the Premises are not ready for any reason whatsoeveroccupancy or such Leasehold Improvements have not been substantially completed by (i) December 31, cannot deliver possession 1999, then, provided the Leasehold Improvements have been completed by January 31, 2000, Base Rent shall be abated for thirty (30) days following the date of substantial completion and delivery of the Premises to Tenant on or before forty-five (45) days prior to however, under such circumstances, the Estimated Commencement Date, this expiration date of the Lease shall not be void or voidable nor extended by an additional thirty (30) days), (ii) by January 31, 2000, then, provided the Leasehold Improvements have been substantially completed by February 29, 2000, Base Rent shall Landlord be liable to Tenant abated for any resulting loss or damage. However, Tenant shall not be liable for any rent and the Commencement Date shall not occur except as expressly provided in Section 3.1 above, except that if Landlord's failure to deliver possession with the Tenant Improvements "Substantially Completed" on or before forty-five sixty (45) days prior to the Estimated Commencement Date is attributable to any Tenant Delay described in the Work Letter attached to this Lease, then the Commencement Date shall not be advanced to the date which is forty-five (4560) days following the date on which possession of the Premises is tendered to Tenant, substantial completion and Landlord shall be entitled to full performance by Tenant (including the payment delivery of rent) from the date which is forty-five (45) days following the date which 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 controlhowever, under such circumstances, the Commencement Date has not occurred expiration date of the Lease shall be extended by the date that is an additional sixty (60) days), and (iii) by February 29, 2000, then Base Rent shall be abated for ninety (90) days following the Estimated Commencement Datedate of substantial completion and delivery of the Premises to Tenant (however, then under such circumstances, there shall be no extension of the expiration date). This Lease shall remain in all other respects in full force and effect and the Term shall not be extended. Tenant may, by written notice to acknowledges that Landlord given at any time thereafter but prior will require access to the actual occurrence of Premises during December 1999 to complete minor additional Leasehold Improvements and certain punchlist items, so long as such work is conducted in such a manner that does not materially impair Tenant's ability to conduct its business within the Commencement Date, elect to terminate this LeasePremises. Notwithstanding the foregoing, if at any time during the construction period, Landlord reasonably believes but subject to Excused Delays (provided that the Commencement Date will not occur on or before ninety (90) days following the Estimated Commencement Date, Landlord shall notify Tenant in writing 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 of receipt of such notice to either terminate this Lease or waive its right to terminate this Lease provided the 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 within such ten (10) day period shall be deemed Tenant's waiver of its right to terminate this Lease as provided in this paragraph as to the previous outside date, but not as to the new outside date established by said notice. In all events, Landlord shall diligently and in good faith construct the Tenant Improvements in accordance with the requirements of the Work Letter attached hereto.delays by

DELAY IN POSSESSION. If Landlord, for any reason whatsoever, cannot deliver possession of the Premises to Tenant on or before forty-five (45) days prior to the Estimated Commencement Date, 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 and the Commencement Date shall not occur except as expressly provided in Section 3.1 above, except that if Landlord's failure to deliver possession with the Tenant Improvements "Substantially Completed" on or before forty-five (45) days prior to the Estimated Commencement Date is attributable to any Tenant Delay described in the Work Letter attached to this Lease, then the Commencement Date shall not be advanced to the date which is forty-five (45) days following 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 which is forty-five (45) days following the date which Landlord would have been able to deliver the Premises to Tenant but for Tenant's delay(s). If for any reason reason, other than "Tenant Delays" , Landlord has not Substantially Completed the New Tenant Improvements in the Second Expansion Premises by the later of (i) April 1, 2012, or (ii) the date that is one hundred eighty (180) days after the date the Construction Plans (as defined in Exhibit B) for the Work LetterNew Tenant Improvements have been finally approved by Landlord and the bidding process described in Section 3.4 of Exhibit B has been completed (the “Estimated Completion Date”), except as hereinafter provided, Landlord shall not be subject to any liability therefor, nor shall such failure affect the validity of the Lease or this Second Amendment, or the obligations of Tenant, or extend the Term hereof. Notwithstanding the foregoing, if the delay in Substantial Completion of the New Tenant Improvements in the Second Expansion Premises results from a Tenant Delay, or if the New Tenant Improvements shown on the Construction Plans therefor cannot reasonably be expected to be completed within the later of April 1, 2012 or said one hundred eight (180) day period on account of the materials specified in the Construction Plans being back ordered and/or not otherwise available when needed (and Tenant, after consultation with Landlord, does not wish to substitute other materials(s) for such backordered or unavailable item(s)), or the work specified is not standard office improvements (collectively, “Permitted Delays”, such term, however, shall exclude delays resulting from “Code Compliant Work” to the “Exterior Areas”, as such terms are defined in Exhibit B attached hereto), the Second Expansion Commencement Date shall be April 1, 2012, subject to extension for any Landlord Delay. In addition to the above, if Landlord has not Substantially Completed the New Tenant Improvements in the Second Expansion Premises, for reasons other than Tenant Delays, Force Majeure Delays (as defined in Exhibit B) or other matters beyond Landlord's reasonable controlPermitted Delays, the Commencement Date has not occurred by the date that is ninety sixty (9060) days following the later of the Estimated Commencement DateCompletion Date or April 1, then Tenant may2012, Tenant, at Tenant’s option, exercised by written notice to Landlord given at any time thereafter but prior to the actual occurrence of the Commencement Date, elect to terminate this Lease. Notwithstanding the foregoing, if at any time during the construction period, Landlord reasonably believes that the Commencement Date will not occur on or before ninety (90) days following the Estimated Commencement Date, Landlord shall notify Tenant in writing of such fact and of a new outside date on or before which the Commencement Date will occur, and Tenant must elect within no later than ten (10) days of receipt after the expiration of such notice to either terminate this Lease or waive its right to terminate this Lease provided the 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 within such ten sixty (1060) day period shall be deemed Tenant's waiver of its right (the “Outside Completion Date”), may elect to terminate this Lease as provided in this paragraph as to the previous outside date, but not as to the new outside date established by said notice. In all events, Landlord shall diligently and in good faith construct the Tenant Improvements in accordance with the requirements exercise one of the Work Letter attached hereto.following remedies as its sole and exclusive remedy for such delay:

DELAY IN POSSESSION. Landlord shall use commercially reasonable efforts in accordance with its normal and customary construction practices to cause the Tenant Improvements to be constructed as soon as reasonably possible subject to Tenant Delays as defined in Exhibit X and force majeure delays described in Section 20.9. If Landlord, for any reason whatsoever, cannot Landlord is unable to deliver possession of the Premises to Tenant on with the Tenant Improvements substantially completed and with occupancy permits obtained therefor as more particularly provided in Section 3.1(b) above by the date provided in Section 3.1(c) above due either to: (i) matters described in Section 20.9 of this Lease, or before forty-five (45ii) days prior Landlord’s inability to recover possession of the Estimated Commencement DatePremises from the tenant in possession as of the date of this Lease (the “Tenant in Possession”) by November 1, 2007, then this Lease shall not be void or voidable except as provided below in this Section 3.2 nor shall Landlord be liable to Tenant for any resulting loss or damage. However, Tenant shall not be liable for any rent and the Commencement Date shall not occur damage except as expressly provided in Section 3.1 3.3 below, but the Commencement Date shall not occur, in such event, until the earlier to occur of those dates described in Section 3.1(a) or 3.1(b) above, except that if Landlord's failure to deliver Landlord cannot tender possession of the Premises in accordance with the provisions of Section 3.1(b) above due to any action or inaction of Tenant Improvements "Substantially Completed" on or before forty-five (45) days prior to the Estimated Commencement Date is attributable to including without limitation any Tenant Delay described in the Work Letter attached to this Lease), then the Commencement Date shall for purposes of Section 3.1(b), be deemed advanced by the collective number of days of delay caused by Tenant. Tenant hereby agrees that Ground Lessor shall have no liability to Tenant, and that Tenant holds Ground Lessor free and harmless, on account of any delay. If Landlord has not be advanced to the date which is forty-five (45) days following the date on which recovered 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 which is forty-five (45) days following the date which 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 controlPossession by November 15, the Commencement Date has not occurred by the date that is ninety (90) days following the Estimated Commencement Date2007, then Tenant may, by may terminate this Lease on written notice to Landlord given at any time thereafter but prior to the actual occurrence November 30, 2007 whereupon this Lease will terminate unless Landlord recovers possession of the Commencement DatePremises by December 10, elect to 2007. If Landlord does not complete the construction of the Tenant Improvements by October 15, 2008 as extended by Tenant Delays and by force majeure occurrences as described in Section 20.9 (but not beyond October 15, 2009 except that such date will be extended for Tenant Delays), then Tenant may terminate this Lease. Notwithstanding the foregoing, if at any time during the construction period, Lease on written notice given to Landlord reasonably believes that the Commencement Date will not occur on or before ninety within sixty (9060) days following the Estimated Commencement DateOctober 15, Landlord shall notify Tenant in writing of 2008 as 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 of receipt of such notice to either terminate this Lease or waive its right to terminate this Lease provided the 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 within such ten (10) day period shall may be deemed Tenant's waiver of its right to terminate this Lease as provided in this paragraph as to the previous outside date, but not as to the new outside date established by said notice. In all events, Landlord shall diligently and in good faith construct the Tenant Improvements in accordance with the requirements of the Work Letter attached heretoextended.

DELAY IN POSSESSION. If LandlordParagraph 3.2 DELAY IN POSSESSION is hereby deleted in its entirety and replaced with the following: Notwithstanding the Estimated Commencement Date, if for any reason whatsoeverthe Commencement Date, canas defined in Paragraph 6 of Exhibit D, does not deliver occur on or before October 1, 1995, Landlord shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Tenant hereunder but in such case, Tenant shall not be obligated to pay the new Base Monthly Rent as provided in the revised Schedule A attached hereto and Additional Rent until the Commencement Date. Provided, however, if Landlord shall not have delivered possession of the Premises within 120 days of the Estimated Commencement Date, either Landlord or Tenant may, by notice in writing to the other party within ten (10) days thereafter, cancel this Lease effective as of the date of receipt of such notice (the "Termination Date"), in which event the parties shall be discharged from all obligations hereunder; provided that such 120 day period shall be subject to extensions for any delays due to acts of God, strikes, fire, weather, casualty, war, acts of governmental bodies, inability to obtain labor or materials or other causes beyond Landlord s reasonable control and provided that Tenant's right to cancel this Lease after such 120 day period shall be subject to extensions for Tenant Delays, as defined in Paragraph 6 of Exhibit D. If the Commencement Date is delayed and neither party elects to cancel this Lease, the Expiration Date shall be automatically extended beyond the Estimated Commencement Date by the number of days of such delay. Notwithstanding anything to the contrary contained herein, if, upon Substantial Completion, Landlord delivers possession of the Premises to Tenant on or before forty-five (45) days prior to the Estimated Commencement Date, 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 and the Commencement Date shall not occur except as expressly provided in Section 3.1 above, except that if Landlord's failure to deliver possession with the Tenant Improvements "Substantially Completed" on or before forty-five (45) days prior to after the Estimated Commencement Date is attributable to any except as the result of Tenant Delay described in the Work Letter attached to this Lease, then the Commencement Date shall not be advanced to the date which is forty-five (45) days following 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 which is forty-five (45) days following the date which 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" (Delays as defined in EXHIBIT D or force majeure, then commencing on the Work Letter) or other matters beyond Landlord's reasonable controlactual Commencement Date, Tenant shall receive a free rent period during which Tenant shall be relieved of its obligation to pay Base Monthly Rent under this Lease. Such free rent period shall be equal to the Commencement Date has not occurred by the date that is ninety (90) number of days following between the Estimated Commencement Date, then Tenant may, by written notice to Landlord given at any time thereafter but prior to Date and the actual occurrence of the Commencement Date, elect to terminate this Lease. Notwithstanding the foregoing, if at any time during the construction period, Landlord reasonably believes that the Commencement Date will not occur on or before ninety (90) days following the Estimated Commencement Date, Landlord shall notify Tenant in writing 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 of receipt of such notice to either terminate this Lease or waive its right to terminate this Lease provided the 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 within such ten (10) day period shall be deemed Tenant's waiver of its right to terminate this Lease as provided in this paragraph as to the previous outside date, but not as to the new outside date established by said notice. In all events, Landlord shall diligently and in good faith construct the Tenant Improvements in accordance with the requirements of the Work Letter attached hereto.