Common use of Delivery of Possession Clause in Contracts

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's request.

Delivery of Possession. Landlord shall be deemed to have delivered will deliver possession of the Premises to Tenant in its current "as-is" condition with the addition of only those items of work described on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements Exhibit "C" which are to be constructed or installed completed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on or before the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purposeIf, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason not caused by Tenant, Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, nor will Landlord will not be liable to Tenant for any resulting loss or damage resulting from such delay, but in such event, the Commencement Date and Tenant's obligation to pay rent will not commence until Landlord delivers possession to Tenant. If the delay in possession is caused by Tenant, then the Term and Tenant's obligation to pay rent will commence as of the Commencement Date even though Tenant does not yet have possession. Notwithstanding the foregoing, Landlord will not be obligated to deliver possession of the Premises to Tenant (but Tenant will be liable for rent if Landlord can otherwise deliver the Premises to Tenant) until Landlord has received from Tenant all of the following: (i) a copy of this Lease shall not be extended fully executed by a delayed delivery Tenant and the guaranty of possession. The preceding sentence notwithstandingTenant's obligations under this Lease, if Landlord fails to deliver possession to Tenant within sixty any, executed by the Guarantor(s), (60ii) days after the Commencement Date for any reason other than a Delay Caused by Tenant, Security Deposit and the first installment of Monthly Rase Rent; and (iii) copies of policies of insurance or certificates thereof as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate required under Paragraph 19 of this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestLease.

Delivery of Possession. Landlord (a) Landlord, or Landlord's supervising architect, shall give Tenant at least ten (10) days' prior written notice of the date on which Landlord's Work will be substantially completed in accordance with Exhibit C and the Leased Premises will be available for the performance of Tenant's Work (as defined in Section 3.3) to the extent that Tenant shall be able to perform its work in the Leased Premises without substantial interference resulting from the conduct of Landlord's Work ("Delivery of Possession Date") provided, however, that in the event the Shopping Center shall have initially opened for business prior to the Commencement Date of this Lease, then the foregoing notice requirement shall automatically be deemed to have delivered be reduced to a five (5) day notice requirement. Tenant covenants and agrees to take physical possession of the Leased Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter Delivery of Possession Date provided that Landlord's Work is attached to this Lease, it "substantially complete." The Delivery of Possession Date shall be deemed that subsequently confirmed by Landlord, or Landlord's supervising architect, by written notice to Tenant. Failure of Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Leased Premises to Tenant on within the Commencement Date, time and in the condition provided for in this Lease will not be void give rise to any claim for damages by Tenant against Landlord or voidablepermit Tenant to rescind or terminate this Lease. (b) Tenant may, provided Tenant shall not interfere with the conduct of Landlord's Work, and subject to Landlord's reasonable rules and regulations, enter the Leased Premises during normal working hours during the course of Landlord's Work for the purpose of inspecting the Leased Premises and making measurements. At such time prior to the Delivery of Possession Date that Landlord's Work has progressed sufficiently to permit Tenant to perform its work without interfering with Landlord's Work, Landlord will may, but shall not be liable required to, notify Tenant of the same, and Tenant may then enter the Leased Premises in order to Tenant for any resulting loss or damage begin to install its store fixtures and perform such other work as may be required under the Term provisions of this Lease in order to ready the store for opening. Throughout the period of Tenant's Work, Tenant shall schedule its work so as not be extended to interfere with any work being performed by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for or by any reason other than a Delay Caused by Tenant, as defined tenant in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestShopping Center.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord candoes not deliver possession of the Premises to Tenant on the Commencement Date, this Lease will and such failure is not caused by an act or omission of Tenant, the Expiration Date shall be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage extended by the number of days the Commencement Date has been delayed and the Term validity of this Lease shall not be extended by a delayed impaired nor shall Landlord be subject to any liability for such failure; but Rent shall be abated until delivery of possession. The preceding sentence notwithstandingProvided, however, if the Commencement Date has been delayed by an act or omission of Tenant then Rent shall not be abated until delivery of possession and the Expiration Date shall not be extended. Delivery of possession shall be deemed to occur on the earlier of the date Landlord fails receives a Certificate of Occupancy or upon substantial completion of Landlord’s Work in the Premises as set forth in Exhibit D, attached hereto (as certified by Landlord’s architect) and complete sign off of the building permit by the building inspector. As used herein, Landlord shall be deemed to deliver have substantially completed Landlord’s Work as set forth on Exhibit D attached hereto notwithstanding that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed in the Premises or any part thereof, the non-completion of which does not materially interfere with Tenant’s use of the Premises or the construction of Tenant’s Work. If Landlord permits Tenant to enter into possession of the Premises before the Commencement Date, such possession shall be subject to the provisions of this Lease, including, without limitation, the payment of Rent (unless otherwise agreed in writing). Notwithstanding the foregoing, provided the same does not unreasonably interfere with Landlord’s work, Landlord shall permit Tenant within sixty (60) days after and its contractors reasonable access to’ the Premises approximately two weeks prior to the Commencement Date for any reason the purpose of installing its communication lines, equipment and furniture. Tenant’s early access is conditioned upon Tenant providing proof of insurance prior to access, and shall be further subject to all of the other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate terms and conditions of this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three Lease. Within ten (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (1510) days of delivery of possession Landlord shall deliver to Tenant and Tenant shall execute an Acceptance of Premises in which Tenant shall certify, among other things, that (a) Landlord has satisfactorily completed Landlord's request’s Work to the Premises pursuant to Exhibit “D”, unless written exception is set forth thereon, and (h) that Tenant accepts the Premises. Tenant’s failure to execute and deliver the Acceptance of Premises shall be conclusive evidence, as against Tenant, that Landlord has satisfactorily completed Landlord’s Work to the Premises pursuant to Exhibit “D”. In the event Tenant fails to take possession of the Premises following execution of this Lease, Tenant shall reimburse Landlord promptly upon demand for all costs incurred by Landlord in connection with entering into this Lease including, but not limited to, broker fees and commissions, sums paid for the preparation of a floor and/or space plan for the Premises, costs incurred in performing Landlord’s Work pursuant to Exhibit “D”, loss of rental income, attorneys’ fees and costs, and any other damages for breach of this Lease established by Landlord.

Delivery of Possession. If Landlord shall be deemed is delayed in Landlord’s ability to have delivered deliver possession of all or any portion of the Premises to Tenant as otherwise required herein whether because of strikes, labor difficulties, difficulties in obtaining materials, fire, governmental regulations, or any other circumstances beyond Landlord’s reasonable control (including, without limitation, the failure of existing tenants to vacate), then such delay shall not constitute a breach or default on the part of the Landlord under this Lease or give rise to any claims of damage or expenses of any kind against the Landlord by Tenant, either direct or consequential; provided that if Landlord is unable to deliver possession of the entire Premises or if Landlord has not completed Landlord’s Work by the Term Commencement Date, as it may then Tenant’s sole and exclusive remedy at law and in equity shall be that the Term Commencement Date, the Term Expiration Date and schedule of Annual Base Rent and Annual Electricity Charge shall be adjusted pursuant to reflect any such delay. Notwithstanding anything to the Workletter. contrary herein provided, Landlord shall construct notify Tenant when Landlord’s Work has advanced sufficiently to permit Tenant to install Tenant’s equipment and furnishings, or install in to perform other work to be done by Tenant. It is understood that upon such notification, the Tenant may occupy the Premises the improvements to be constructed or installed by Landlord according prior to the Workletter. If no Workletter is attached Term Commencement Date for the purposes of preparing the Premises for Tenant’s occupancy on all of the terms and conditions of the Lease except the obligation to pay Rent, provided that such occupancy by Tenant shall not interfere with Landlord’s performance of Landlord’s obligations under this Lease. However, it shall be deemed that Landlord delivered to if Tenant possession commences use of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness portion of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements purposes prior to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Term Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to then Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid pay Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that from such prior date. It is further understood and agreed that during this period, at the request of the Landlord, in each instance, Tenant will execute the Commencement Date Certificate attached shall, at Tenant’s sole expense, relocate any of Tenant’s goods and equipment as may be required by Landlord to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of complete Landlord's request’s Work.

Delivery of Possession. Landlord shall be deemed to have delivered possession Tenant shall, on the Expiration Date of the Term, or upon any earlier termination of this Lease, or upon any termination of Tenant’s right to possess the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletterprovisions of this Lease, well and truly surrender and deliver up the Premises into the possession and use of Landlord (except as may be otherwise required by Landlord pursuant to ARTICLE 6 hereof) without fraud or delay and in the condition in which Tenant has herein agreed to maintain them, broom clean and free and clear of all lettings, occupancies, liens and encumbrances, other than those existing immediately prior to the commencement of the Term, subject to reasonable wear and tear. Landlord shall construct or install If Tenant holds over in the Premises after the improvements expiration of the Term or any earlier termination of this Lease or of Tenant’s right to be constructed possess the Premises, then, at Landlord’s option, and without limitation to any right or installed by remedy of Landlord according with respect to such holding over, such holding over shall create a month-to-month tenancy only, subject to Tenant’s obligation to pay rental equal to 150% of the Workletter. If no Workletter is attached Rent (prorated on a daily basis) (“Holdover Rent”) in effect immediately prior to such expiration or termination, and subject to all the provisions and conditions of this Lease, it shall other than provisions relating to length of Term, which tenancy may be deemed that terminated at any time by Landlord delivered giving 30-day advance written notice thereof to Tenant possession Tenant. Landlord’s acceptance of any Rent during the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct period of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease ’s holding over shall not be extended by a delayed delivery of possession. The preceding sentence notwithstandingwaive or otherwise affect any claim, if right or remedy which Landlord fails may have with respect to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestsuch holding over.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord candoes not deliver possession of the Premises to Tenant on the Commencement Date, this Lease will and such failure is not caused by an act or omission of Tenant, the Expiration Date shall be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage extended by the number of days the Commencement Date has been delayed and the Term validity of this Lease shall not be extended by a delayed impaired nor shall Landlord be subject to any liability for such failure; but Rent shall be abated until delivery of possession. The preceding sentence notwithstandingProvided, however, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than has been delayed by an act or omission of Tenant then Rent shall not be abated until delivery of possession and the Expiration Date shall not be extended. Delivery of possession shall be deemed to occur on the date Landlord receives a Delay Caused by TenantCertificate of Occupancy or upon substantial completion of the Premises, as defined in certified by Landlord's architect. If Landlord permits Tenant to enter into possession of the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute Premises before the Commencement Date Certificate attached Date, such possession shall be subject to the provisions of this Lease as Exhibit ELease, appropriately completedincluding, within fifteen without limitation, the payment of Rent. Within ten (1510) days of delivery of possession Landlord shall deliver to Tenant and Tenant shall execute an Acceptance of Premises in which Tenant shall certify, among other things, that (a) Landlord has satisfactorily completed Landlord's requestWork to the Premises pursuant to Exhibit "D", unless written exception is set forth thereon, and (b) that Tenant accepts the Premises. Tenant's failure to execute and deliver the Acceptance of Premises shall be conclusive evidence, as against Tenant, that Landlord has satisfactorily completed Landlord's Work to the Premises pursuant to Exhibit "D". In the event Tenant fails to take possession of the Premises following execution of this Lease, Tenant shall reimburse Landlord promptly upon demand for all costs incurred by Landlord in connection with entering into this Lease including, but not limited to, broker fees and commissions, sums paid for the preparation of a floor and/or space plan for the Premises, costs incurred in performing Landlord's Work pursuant to Exhibit "D", loss of rental income, attorneys' fees and costs, and any other damages for breach of this Lease established by Landlord.

Delivery of Possession. Landlord shall be deemed to have delivered deliver possession of the ---------------------- computer room of the Premises to Tenant Tenant, with Landlord's Work (as hereinafter defined) therein substantially complete ("Ready for Installation") , on or before the Installation Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct deliver possession of the operations/conference center and customer service area of the Premises to Tenant, with Landlord's Work therein substantially complete ("Ready for Phase- In"), on or before the Operational Commencement Date. Landlord shall deliver possession of the entire Premises to Tenant, with Landlord's Work substantially complete ("Ready for Occupancy"), on or before the Lease Commencement Date. During the period from the Installation Commencement Date to the Operational Commencement Date (the "Installation Period"), Tenant shall have the right to install equipment in the computer room of the Premises and connect such equipment to its cabling. During the improvements to be constructed or installed by Landlord according period from the Operational Commencement Date to the WorkletterLease Commencement Date (the "Phase-In Period"), Tenant shall have the right to install, test, operate its equipment and phase-in its business operations in the Premises. If no Workletter is attached to During the Installation Period and the Phase-In Period, all provisions of this Lease, it other than the payment of Rent, shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletterfully effective. If for any reason Landlord candoes not deliver possession of the Premises to Tenant on the Lease Commencement Date, Date this Lease will shall not be void or voidablevoidable (except as expressly set forth below) , nor shall Landlord will not be liable to Tenant for any resulting loss or damage and resulting therefrom, nor shall the Term expiration date of this Lease the term be extended, but in such event Tenant shall not be extended by a delayed liable for any Rent or other charges due under this Lease until such time as Landlord tenders delivery of possessionpossession of the Premises to Tenant with Landlord's Work (as hereinafter defined) substantially complete. The preceding sentence notwithstandingTenant's contractor (cabling) shall have access to the Premises during the Landlord's construction, prior to closing walls, ceilings and raised floorings (if any) to install cabling prior to April 1, 1995. Landlord and Tenant's contractors will work in harmony during this period. Notwithstanding the foregoing, if Landlord fails to deliver possession to the Premises Ready for Occupancy on or before the Lease Commencement Date, then Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate offset against Rent the amount of Ten Thousand Seven Hundred Ninety-five and 77/100 Dollars ($10,795.77) for each month or partial month of such delay plus a daily penalty of $833.00 for each day of such delay, up to a maximum daily penalty per month of Twelve Thousand One Hundred Ninety-seven and 98/100 ($12,197.98) (i.e., the combined monthly and daily penalties cannot exceed more than Twenty-two Thousand Nine Hundred Ninety-three and 75/100 ($22,993.75) or one month's Base Rent). If Landlord fails to deliver the Premises Ready for Occupancy on or before August 1, 1995, then, in addition to the offset rights set forth above in this Lease and receive a refund of all prepaid Rent and Security Deposits provided paragraph, Tenant gives written notice of termination shall have the right to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of complete Landlord's request.Work and offset the reasonable cost of such completion against Rent. Landlord further agrees to include in the bid package prepared by the construction manager (as set forth in Exhibit C) a requirement for the general contractors to include in their bid a penalty equal to Ten Thousand Seven Hundred Ninety-five

Delivery of Possession. Landlord Lessee acknowledges that the ------------- ---------------------- Premises are currently leased to another tenant. Lessor has advised Lessee that the term of said tenant's lease expires on February 29, 2000. Lessor shall be deemed to have delivered deliver possession of the Premises to Tenant Lessee on the Commencement DateApril 15, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter2000. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If Lessor for any reason Landlord canwhatsoever does not deliver possession of the Premises to Tenant Lessee on the Commencement DateApril 15, this Lease will not be void or voidable2000, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of (i) this Lease shall not be extended by a delayed delivery void or voidable nor shall Lessor be liable to Lessee for any loss or damage resulting therefrom, (ii) Lessee agrees to take possession of possession. The preceding sentence notwithstanding, if Landlord fails the Premises when Lessor is able to deliver possession thereof, and (iii) until Lessor so delivers possession of the Premises to Tenant Lessee, Lessee shall not be obligated to pay rent or other charges under this Lease, or to perform its other obligations under this Lease, except that Lessee shall deposit the first month's rent upon execution of this Lease, and (iv) the scheduled Commencement Date (i.e., April 15, 2000) and ending date (i.e. April 14, 2007) of the lease term set forth in Section 3.01 shall be extended by the period of time between April 15, 2000 and the date on which Lessor delivers possession of the Premises to Lessee. Lessor may, but is not obligated to, deliver to Lessee upon or after the Commencement Date a letter specifying the Commencement Date and the end of the seven year term; upon written request by Lessor, Lessee shall acknowledge such dates by signing a copy of such letter and returning the same to Lessor within sixty ten (6010) days after receipt thereof from Lessor. Notwithstanding the foregoing, in the event Lessor is unable to deliver possession of the Premises by July 15, 2000, then Lessee, at its sole option, shall be entitled to terminate this Lease. Any such termination shall be effectuated by written notice to Lessor within five (5) days after the Commencement Date for end of such ninety (90) day period. Time is of the essence with respect to the time of exercise of any reason other than a Delay Caused by Tenantsuch right of termination. Upon such termination, as defined in the Workletter, Tenant, as its sole remedy, neither party shall have any further obligation to the right other under this Lease, provided that Lessor shall return to terminate Lessee any sums previously deposited by Lessee with Lessor hereunder to the extent required to do so by law and this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestLease.

Delivery of Possession. On or before the Lease Commencement Date, ---------------------- Landlord, at its cost, shall have substantially completed the work, if any, required to be completed by Landlord prior to the delivery of the Premises to Tenant, as described in Exhibit "C" to this Lease (the "Landlord's Work"). For ----------- purposes of this Paragraph, the term "substantially complete" shall mean completed to such an extent that Tenant can commence its work, if any, to be undertaken by Tenant, as described in Exhibit "C" to this Lease (the "Tenant's ----------- Work"), without material delay or interference due to the completion of Landlord's Work, or if no such Tenant's Work is to be undertaken, then such term shall mean completed to such an extent that the Landlord's Work can be finally completed within 30 days and without material interference to Tenant's occupancy and use of the Premises. If possession of the Premises (including, without limitation, substantial completion of the Landlord's Work, if any) is not delivered to Tenant on or before the Lease Commencement Date stated in Paragraph 2.4.1, above, then Landlord shall not be liable for any damage caused by such delay, and such delay shall neither affect the validity of this Lease, affect Tenant's obligations under this Lease, nor extend the Term. Tenant's acceptance of possession of the Premises shall constitute Tenant's acknowledgment that it has inspected the Premises, that Tenant accepts the Premises in its then "as is" condition. Except for any items set forth on a written "punch-list" of excepted items delivered to Landlord upon the Lease Commencement Date, Tenant shall be deemed to have delivered possession (i) acknowledged that Landlord's Work has been substantially completed, (ii) accepted the Premises in its then as-is condition with no right to require Landlord to perform any additional work therein, except as set forth on the punch list, and (iii) waived any express or implied warranties regarding the condition of the Premises, including any implied warranties of fitness for a particular purpose or merchantability. Notwithstanding anything to the contrary contained herein, Landlord warrants that, to the best of Landlord's knowledge, on the Rent Commencement Date: (a) the Premises shall comply with all laws, codes, ordinances and other governmental requirements then applicable to the Premises and the Building, and (b) the Premises, including the improvements and equipment therein, shall be in first class condition and repair. If, as of the Rent Commencement Date, the Premises shall fail in either of the following respects and such failure adversely affects Tenant's use or enjoyment of the Premises, then Landlord shall cure such failure at Landlord's sole cost: (A) compliance with any law, code, ordinance or other governmental requirement then applicable to the Premises and the Building (including without limitation the ADA), or (B) the electrical, plumbing or HVAC systems of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletterand Building being in first class condition and repair. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the WorkletterSee Addendum No. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date1. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's request.--------------

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Premises "on or before the Intended Commencement Date (set forth in Article 1) in their present condition, broom clean, unless Landlord shall have agreed in writing, as is" a condition to Tenant's obligation to accept possession of the Premises, pursuant to Paragraph 15.3, construct install or modify specified improvements within the Premises, in its present condition on the Commencement Date. which case Landlord shall deliver to Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness possession of the Premises for on or before the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except Intended Commencement Date as expressly provided in this Lease and the Workletterso modified and/or improved. If for any reason Landlord cannot is unable to so deliver possession of the Premises to Tenant on or before the Intended Commencement Date, for whatever reason, Landlord shall not be in default under this Lease will nor shall this Lease be void, voidable or cancelable by Tenant until the lapse of one hundred twenty (120) days after the Intended Commencement Date (the "Delivery Grace Period"); however, the Lease Commencement Date shall not be void deemed to have occurred until such date as Landlord notifies Tenant that the Premises are Ready for Occupancy. Additionally, the Delivery Grace Period shall be extended for such number of days as Landlord may be delayed in delivering possession of the Premises to Tenant by reason of Force Majeure or voidablethe actions of Tenant, its agents, invitees or contractors. If Landlord will not is unable to deliver possession of the Premises to Tenant within the described Delivery Grace Period (including any extensions thereof by reason of Force Majeure or the actions of Tenant), then Tenant's sole remedy shall be to cancel and terminate this Lease, and in no event shall Landlord be liable to Tenant for any resulting loss or damage such delay. In the event that the date Landlord notifies Tenant that the Premises are Ready for Occupancy (i) is after the Delivery Grace Period and the Term of (ii) if Tenant has not previously cancelled and terminated this Lease as provided for in this Paragraph, then Tenant shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall no longer have the right to cancel and terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestLease.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Leased Premises "on or before the Intended Commencement Date (as is" set forth in its present Article 1) in their presently existing condition, broom clean, unless Landlord shall have agreed, as a condition to Tenant’s obligation to accept possession of the Leased Premises, pursuant to an Exhibit or Addenda attached to and made a part of this Lease to modify existing interior improvements or to make, construct and/or install additional specified improvements within the Leased Premises, in which case Landlord shall deliver to Tenant possession of the Leased Premises on the Intended Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties Date as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletterso modified and/or improved. If for any reason Landlord cannot is unable to so deliver possession of the Leased Premises to Tenant on or before the Intended Commencement Date, for whatever reason, Landlord shall not be in default under this Lease, nor shall this Lease will be void, voidable or cancelable by Tenant until the lapse of ninety (90) days after the Intended Commencement Date (the “delivery grace period”). The Lease Commencement Date shall not be void deemed to have occurred until such date as Landlord notifies Tenant that the Leased Premises are Ready for Occupancy and delivers possession of the Leased Premises to Tenant. Additionally, the delivery grace period above set forth shall be extended for such number of days as Landlord may be delayed in delivering possession of the Leased Premises to Tenant by reason of the actions of Tenant. If Landlord is unable to deliver possession of the Leased Premises to Tenant within the described delivery grace period (including any extensions thereof by reason of Force Majeure or voidablethe actions of Tenant), then Tenant’s sole remedy shall be to cancel and terminate this Lease, and in no event shall Landlord will not be liable to Tenant for any resulting loss or damage and the Term of such delay. Tenant may not cancel this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days at any time after the Commencement Date date Landlord notifies Tenant the Leased Premises are Ready for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestOccupancy.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Leased Premises "on or before the Intended Commencement Date (as is" set forth in its present Article 1) in their presently existing condition, broom clean, unless Landlord shall have agreed, as a condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness Tenant’s obligation, to accept possession of the Premises for the conduct Leased Premises, pursuant to an Addenda attached to and made a part of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and to modify existing interior improvements or to make, construct and/or install additional specified improvements within the WorkletterLeased Premises, in which case Landlord shall deliver to Tenant possession of the Leased Premises on or before the Intended Commencement Date as so modified and/or improved. If for any reason Landlord cannot is unable to so deliver possession of the Leased Premises to Tenant on or before the Intended Commencement Date, for whatever reason, Landlord shall not be in default under this Lease, nor shall this Lease will be void, voidable or cancelable by Tenant until the lapse of one hundred twenty days after the Intended Commencement Date (the “delivery grace period”); however, the Lease Commencement Date shall not be void deemed to have occurred until such date as Landlord notifies Tenant that the Leased Premises are Ready for Occupancy. Additionally, the delivery grace period above set forth shall be extended for such number of days as Landlord may be delayed in delivering possession of the Leased Premises to Tenant by reason of Force Majeure or voidablethe actions of Tenant. If Landlord is unable to deliver possession of the Leased Premises to Tenant within the described delivery grace period (including any extensions thereof by reason of Force Majeure of the actions of Tenant), then Tenant’s sole remedy shall be to cancel and terminate this Lease, and in no event shall Landlord will not be liable to Tenant for any resulting loss or damage and the Term of such delay. Tenant may not cancel this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days at any time after the Commencement Date date Landlord notifies Tenant the Lease Premises are Ready for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestOccupancy.

Delivery of Possession. (a) Landlord shall be deemed deliver to have delivered Tenant, and Tenant shall accept, possession of the Leased Premises to Tenant in its “AS IS” condition, “WITH ALL FAULTS” on the Early Access Date, subject only to (i) Landlord’s completing, on or before the Lease Commencement Date, the Landlord’s Work described and defined in Paragraph 1 of the Tenant Work Letter attached to and made a part of this Lease (the “Work Letter”), the terms and provisions of which are hereby incorporated into this Lease, and (ii) all existing laboratory benches and vented fume hoods shall remain in place. All of Tenant’s obligations under this Lease shall commence on the Early Access Date. It is agreed that by accepting possession of the Leased Premises, Tenant formally accepts same and acknowledges that the Leased Premises are in the condition called for hereunder, subject only to Landlord’s completing the Landlord’s Work. Landlord hereby warrants (the “Landlord Warranty”) that from the Lease Commencement Date for a period of six (6) months (with respect to the roof membrane), and for a period of four (4) months (with respect to any mechanical, plumbing, electrical, and/or life safety systems in the Leased Premises), any repair costs for the applicable item during such period and which are not necessitated by improper use or maintenance thereof by Tenant, shall be paid by Landlord, provided that Landlord receives advance notice of the need for such repairs and a reasonable opportunity to effect such repairs. Landlord warrants to Tenant that Landlord has repaired, improved, or renovated, as it may be adjusted applicable, the Leased Premises in accordance with and pursuant to the Workletter. Landlord shall construct or install in requirements of the Premises applicable permits therefor issued by the improvements to be constructed or installed by Landlord according City of Palo Alto, including any requirements therein with respect to the WorkletterAmericans With Disabilities Act. (b) All of Tenant’s obligations under this Lease shall commence on the Early Access Date, provided, however, that the Base Monthly Rent shall not commence until the date provided in Article 1 above. If no Workletter It is attached to this Lease, it shall be deemed agreed that Landlord delivered to Tenant by accepting possession of the Premises "as is" in its present condition on the Commencement Date. Leased Premises, Tenant formally accepts same and acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as the Leased Premises are in the condition called for hereunder, subject only to Landlord’s completing the Landlord’s Work, and subject to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty Warranty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three subparagraph (3a) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestabove).

Delivery of Possession. Landlord shall be deemed to have delivered deliver possession of the Premises to Tenant on Tenant, broom clean and free from occupancy by any party, promptly following the Commencement expiration of the current lease of the Premises and the surrender of possession by the current occupant (such date of delivery, the “Delivery Date, as it may be adjusted pursuant to the Workletter”). Landlord shall construct or install endeavor to cause the Delivery Date to occur no later than the Estimated Delivery Date set forth in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this LeaseBasic Lease Information; provided, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purposehowever, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If if, for any reason whatsoever, Landlord cannot deliver possession of the Premises to Tenant on or before the Commencement Estimated Delivery Date, this Lease will shall not be void or voidable, Landlord will not nor shall Landlord, or Landlord’s agents, advisors, employees, partners, shareholders, directors, invitees, independent contractors or Landlord’s manager (collectively, “Landlord’s Agents”), be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstandingresulting therefrom; provided, that, if Landlord the Delivery Date fails to deliver possession to Tenant within sixty (60) days after occur by the Estimated Delivery Date, then the Commencement Date and the Expiration Date shall each be adjusted by one (1) day for any reason other than a Delay Caused each day after the Estimated Delivery Date until the Delivery Date occurs. Additionally, if the Delivery Date fails to occur by TenantOctober 1, as defined 2018 (the “Outside Delivery Date”), then in addition to the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund delay of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached the Excused Base Rent shall be increased by one (1) additional day of Base Rent for each day after the Outside Delivery Date until the Delivery Date occurs. The foregoing shall be the sole remedy available to this Lease Tenant as Exhibit E, appropriately completed, within fifteen (15) days a result of Landlord's request’s failure to deliver the Premises to Tenant on a timely basis as provided in this Paragraph 8(a).

Delivery of Possession. Landlord shall deliver possession to Tenant upon Substantial Completion of the Landlord Work. If Landlord shall be deemed unable to have delivered timely give such possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purposereason, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in then this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will shall not be void or voidable, nor shall Landlord will be subject to any liability therefore. However, if possession has not been delivered with the Landlord Work Substantially Complete by December 31, 2015 (as such date shall be liable extended by any Tenant Delay and/or default on the part of Tenant (the “Outside Delivery Date”), then the Projected Commencement Date shall be extended on a day-for-day for each day beyond the Outside Delivery Date until Landlord delivers possession with the Landlord Work Substantially Complete. Notwithstanding the foregoing, following no less than thirty (30) days prior written notice from Tenant to Tenant for any resulting loss or damage Landlord, Landlord shall deliver possession of the Premises prior to Substantial Completion of the Landlord Work, and such entry shall be subject to all the Term provisions of this Lease other than the payment of Monthly Base Rent, including, without limitation, Tenant’s compliance with the insurance and indemnity requirements of this Lease. In connection with such early entry, Xxxxxx agrees that it shall not be extended by a delayed delivery in any way interfere with the progress of possessionthe Landlord Work. The preceding sentence notwithstandingShould such early entry interfere with the progress of the Landlord Work, if in Xxxxxxxx’s judgment, then Landlord fails to deliver possession to may demand that Tenant within sixty (60) days after forthwith cease the Commencement Date for any reason other than a Delay Caused by Tenantactivities that are causing such interference or vacate the Premises as necessary until such interference would not occur, as defined in the Workletter, Tenant, as its sole remedy, and Tenant shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestimmediately comply with such demand.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Leased Premises "on or before the Intended Commencement Date (as is" set forth in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purposeArticle I) in their presently existing condition, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletterbroom clean. If for any reason Landlord cannot is unable to so deliver possession of the Leased Premises to Tenant in the agreed condition on or before the Intended Commencement Date, for whatever reason, Landlord shall not be in default under this Lease, nor shall this Lease will be void, voidable or cancelable to Tenant until the lapse of 60 days after the Intended Commencement Date (the "delivery grace period"); however, the Lease Commencement Date shall not be void deemed to have occurred until such date as Landlord notifies Tenant that the Leased Premises are in the agreed condition and are Ready for Occupancy. If Landlord is unable to deliver possession of the Leased Premises in the agreed condition to ten within the described delivery grace period (including any extensions thereof by reason of Force Majeure or voidablethe actions of Tenant), then Tenant's sole remedy shall be to cancel and terminate this Lease (in which case Landlord will not shall return all amounts deposited by Tenant less amounts paid to Tenant's broker), and in no event shall Landlord be liable in damages to Tenant for any resulting loss or damage and the Term of such delay,. Tenant may not cancel this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days at any time after the Commencement Date date Landlord notifies Tenant that the Leased Premises have been put into the agreed condition and are Ready for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestOccupancy.

Delivery of Possession. Landlord shall be deemed to have delivered will deliver possession of the Premises to Tenant in its current "as-is" condition (subject, however, to Section 11.2) on or before the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed date required by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession Section 1.7 of the Premises "as is" in its present condition on the Commencement DateSummary. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purposeIf, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason not caused by Tenant, Landlord cannot deliver possession of the Premises to Tenant on by the Commencement Datedate required by Section 1.7 of the Summary, this Lease will not be void or voidable, nor will Landlord will not be liable to Tenant for any resulting loss or damage and resulting from such delay. If the delay in possession is caused by Tenant, then the Term and Tenant's obligation to pay rent will commence as of the date the Commencement Date would have occurred but for Tenant's delay, even though Tenant does not yet have possession. Notwithstanding the foregoing, Landlord will not be obligated to deliver possession of the Premises to Tenant (but Tenant will be liable for rent if Landlord can otherwise deliver the Premises to Tenant) until Landlord has received from Tenant all of the following: (i) a copy of this Lease shall not be extended fully executed by a delayed delivery Tenant; (ii)the first installment of possessionMonthly Basic Rent; and (iii) copies of policies of insurance or certificates thereof as required under Section 21 of this Lease. The preceding sentence notwithstandingNotwithstanding anything to the contrary contained herein, if Landlord fails to deliver possession has not delivered the Premises to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days from the date hereof for any reason, including but not limited to force majeure delays, Tenant shall have the right thereafter (but prior to delivery of the Premises) to cancel this Lease by giving Landlord written notice thereof, and upon such cancellation, Landlord shall return all sums theretofore deposited by Tenant with Landlord's request, and neither party shall have any further liability to the other hereunder.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Leased Premises "on or before the Intended Commencement Date (as is" set forth in its present Article 1) in their presently existing condition, broom clean, unless Landlord shall have agreed, as a condition on to Tenant’s obligation to accept possession of the Commencement Date. Tenant acknowledges that neither Landlord nor its agents Leased Premises pursuant to a written Exhibit or employees have Addenda attached to and made any representations a part of this Lease, to modify existing interior improvements or warranties as to make, construct and/or install additional specified improvements within the Leased Premises or to the suitability or fitness Outside Areas, in which case Landlord shall deliver to Tenant possession of the Leased Premises for on or before the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except Intended Commencement Date as expressly provided in this Lease and the Workletterso modified and/or improved. If for any reason Landlord cannot is unable to so deliver possession of the Leased Premises to Tenant in the agreed condition on or before the Intended Commencement Date, for whatever reason, Landlord shall not be in default under this Lease, nor shall this Lease will be void, voidable or cancelable by Tenant until the lapse of one hundred twenty days after the Intended Commencement Date (the “delivery grace period”); however, the Lease Commencement Date shall not be void deemed to have occurred until such date as Landlord notifies Tenant that the Leased Premises are in the agreed condition and are Ready for Occupancy. Additionally, the delivery grace period above set forth shall be extended for such number of days as Landlord may be delayed in making the agreed improvements and/or delivering possession of the Leased Premises to Tenant by reason of Force Majeure or voidablethe actions of Tenant. If Landlord is unable to deliver possession of the Leased Premises in the agreed condition to Landlord Initials W Tenant Initials NH Tenant within the described delivery grace period (including any extensions thereof by reason of Force Majeure or the actions of Tenant), then Tenant’s sole remedy shall be to cancel and terminate this Lease, and in no event shall Landlord will not be liable in damages to Tenant for any resulting loss or damage and the Term of such delay. Tenant may not cancel this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days at any time after the Commencement Date date Landlord notifies Tenant that the Leased Premises have been put into the agreed condition and are Ready for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestOccupancy.

Delivery of Possession. On the Lease Commencement Date, Landlord shall be deemed to have delivered deliver and Tenant shall accept possession of the Leased Premises in their then “AS IS” condition, “WITH ALL FAULTS.” Landlord shall have no construction or preparation obligations relating to the Leased Premises. Landlord and Tenant anticipate that possession of the Leased Premises will be delivered on the Anticipated Lease Commencement Date. However, if Landlord is unable to so deliver possession of the Leased Premises to Tenant on or before the Anticipated Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install not be in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to default under this Lease, it nor shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and be void, voidable or cancelable by Tenant until the Workletterlapse of three hundred sixty (360) days after the Anticipated Commencement Date (the “delivery grace period”). If for any reason Landlord cannot is unable to deliver possession of the Leased Premises to Tenant on within the Commencement Datedescribed delivery grace period (including any extension thereof by reason of Force Majeure or the actions or inactions of Tenant), this Lease will not then Tenant’s sole remedy shall be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives by written notice of termination delivered to Landlord within three (3) ten days after the expiration of the delivery grace period (as extended, if applicable), and in no event shall Landlord be liable in damages to Tenant for such delay. Notwithstanding the foregoing, in the event that date. Tenant will execute authorizes, via a written agreement signed by Tenant, Digeo Interactive LLC to remain in occupancy of all or any portion of the Commencement Date Certificate attached Leased Premises for which Tenant claims that Landlord failed to this Lease as Exhibit Edeliver possession of to Tenant, appropriately completed, within fifteen (15) days then Tenant shall have no such right of Landlord's requesttermination.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Leased Premises "upon Substantial Completion of the Tenant Improvements as is" that term is defined in its present condition on the Commencement Date. Tenant acknowledges Work Letter attached hereto as Exhibit B. The date that neither Landlord nor its agents or employees have made any representations or warranties as the Leased Premises are so delivered to the suitability or fitness of Tenant shall be deemed the Premises for the conduct of Tenant's business or for any other purpose, nor has "Delivery Date." If Landlord or its agents or employees agreed is unable to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot so deliver possession of the Leased Premises to Tenant in the agreed condition on or before the Commencement Intended Delivery Date, this Lease will not Landlord shall have until the date that is thirty (30) days after the Intended Delivery Date (the "Delivery Grace Period") to deliver the Leased Premises. Additionally, the Delivery Grace Period above set forth shall be void or voidable, extended for such number of days as Landlord will not may be liable delayed in delivering possession of the Leased Premises to Tenant for any resulting loss by reason of Force Majeure or damage and the Term action or inaction of this Lease shall not be extended by a delayed delivery of possessionTenant. The preceding sentence notwithstanding, if If Landlord fails is unable to deliver possession of the Leased Premises in the agreed condition to Tenant within the Delivery Grace Period (including any extension thereof by reason of Force Majeure or the actions or inactions of Tenant), then Tenant shall receive as its sole remedy a credit of two (2) days of free rent for each day that the Leased Premises are not delivered to Tenant after expiration of the Delivery Grace Period (including any extension thereof by reason of Force Majeure or the actions or inactions of Tenant), which free rent shall apply to the first month in which Base Monthly Rent is due. If Landlord is unable to deliver possession of the Leased Premises in the agreed condition to Tenant within sixty (60) days after the Commencement Date for expiration of the Delivery Grace Period (including any extension thereof by reason other than a Delay Caused by of Force Majeure or the actions or inactions of Tenant), as defined in the Workletter, TenantTenant may choose, as its sole remedy, shall have the right to terminate this Lease Lease, and receive a refund in the event of all prepaid Rent and Security Deposits provided such termination Landlord shall not be liable in damages to Tenant gives written notice of termination to Landlord within three (3) days after that datefor any delay. Tenant will execute the Commencement Date Certificate attached to may not terminate this Lease as Exhibit Eat any time after the date Landlord notifies Tenant that the Leased Premises have been put into the agreed condition and are available for delivery to Tenant, appropriately completed, within fifteen (15) days of unless Landlord's requestnotice is not given in good faith. Tenant may occupy the Leased Premises commencing on the Delivery Date for purposes of installing furniture, fixtures and equipment, provided that Tenant shall be responsible for Additional Rent during such period and Tenant shall comply with all other provisions of this Lease (other than the payment of Base Monthly Rent).

Delivery of Possession. Landlord 18.1.1 Sublandlord shall deliver the Premises clean, with all operating systems servicing the Premises, including the roof membrane, windows, lighting, sensors and switches, building management systems, fire life and safety systems, doors, loading doors, MEP systems and emergency generator (collectively, the “Warrantied Items”), in good operating condition and the Premises are in compliance with all applicable laws and regulations, including ADA and Title 24 (the “Warranty”) as of the Commencement Date and for the first six (6) months thereafter (the “Warranty Period”). Notwithstanding the foregoing, the Warranty includes only the foregoing Warrantied Items provided by Sublandlord and specifically excludes any systems, equipment or improvements installed and/or contracted for directly by Subtenant or any modifications to the same made by Subtenant. Subtenant shall have until the expiration of the Warranty Period to notify Sublandlord in writing of any failure of the Warranty and in such event Sublandlord will make any required repairs at Sublandlord’s expense. Sublandlord will not be responsible for any repairs in connection with any failure of the Warranty unless Sublandlord is notified in writing by Subtenant no later than the expiration of the Warranty Period. Notwithstanding the foregoing or anything in this Lease to the contrary, in no event will repairs resulting from any of the following be covered by the Warranty: (i) the negligent or willful acts or omissions of, or misuse or abuse of any of the Warrantied Items, by Subtenant or its agents, employees, contractors, licensees or invitees, (ii) any improvements or alterations constructed by Subtenant, or (iii) any acts or omissions by Subtenant or its agents, employees, contractors, licensees, or invitees which solely voids or limits Sublandlord’s warranties. 18.1.2 During the Term, at no charge to Subtenant, Subtenant shall be deemed permitted to use the existing modular and office furniture and cabling located in the Premises and described in more particular detail in Exhibit C attached hereto (the “FF&E”). Should Subtenant, in Subtenant’s sole discretion, determine that any of the FF&E is not required by Subtenant for the conduct of Subtenant’s business from the Premises, Subtenant may deliver written notice to Sublandlord of such determination together with an itemized list of any FF&E that is not so required (the “Excluded FF&E”), at least thirty (30) days before the Early Access Period, and Sublandlord shall, at Sublandlord’s sole cost and expense, remove such Excluded FF&E from the Premises within thirty (30) days after such notice from Subtenant. Subtenant shall accept the FF&E in its current condition without any warranty of fitness from Sublandlord (Subtenant expressly acknowledges that no warranty is made by Sublandlord with respect to the condition of any cabling currently located in or serving the Premises). Subtenant shall use the FF&E only for the purposes for which such FF&E is intended and shall be responsible for the proper maintenance, care and repair of the Remaining Furniture and Cabling, at Subtenant’s sole cost and expense. On or about the date of expiration of this Sublease, Subtenant will purchase the FF&E from Sublandlord in its then “as-is” condition for the sum of $1.00 whereupon Sublandlord shall deliver to Subtenant the Xxxx of Sale in substantially the form attached hereto as Exhibit D with respect to the FF&E (excluding the Excluded FF&E), it being acknowledged and agreed that Subtenant shall have delivered the right, at its sole cost and expense, from time to time during the Term of this Sublease to remove from the Premises those items from the FF&E that (i) Sublandlord has fully depreciated and authorized Subtenant to remove and (ii) that Subtenant no longer desires to use; provided, however, that Subtenant shall request approval from Sublandlord before any such removal which approval shall be granted by Sublandlord so long as Sublandlord has fully depreciated such items, and such removal shall not relieve Subtenant’s obligation to purchase all such remaining FF&E on or about the expiration of this Sublease pursuant to the terms hereof. Subtenant shall, at its sole cost and expense, be responsible for the removal of the FF&E upon the termination or expiration of this Sublease and its surrender of the Premises to the extent such removal is required by the Master Lease. 18.1.3 Subject to the provisions of Section 18.1.1, Sublandlord shall deliver to Subtenant, and Subtenant shall accept, possession of the Premises to Tenant in their “AS IS” condition as the Premises exist on the Commencement DateDate and, as it may be adjusted pursuant notwithstanding anything to the Workletter. Landlord shall construct or install contrary set forth in the Premises the improvements to be constructed or installed by Landlord according Master Lease to the Worklettercontrary, Sublandlord shall have no obligation to furnish, render, pay for, consent to or supply any work, labor, services, materials, furniture, fixtures, equipment, decorations or other items to make the Premises ready or suitable for Subtenant’s occupancy. If no Workletter is attached In making and executing this Sublease, Subtenant has relied solely on such investigations, examinations and inspections as Subtenant has chosen to this Leasemake or has made and has not relied on and Sublandlord has not made, it shall be deemed any representation or warranty concerning the Premises with the exception of those specified in Section 11 above. Subtenant acknowledges that Landlord delivered to Tenant possession Sublandlord has afforded Subtenant the opportunity for full and complete investigations, examinations and inspections of the Premises "as is" in its present condition on the Commencement DatePremises. Tenant Subtenant acknowledges that neither Landlord nor its agents it is not authorized to make or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake perform any alterations or construct any Tenant improvements in or to the Premises except as expressly provided in permitted by the provisions of this Lease Sublease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestMaster Lease.

Delivery of Possession. Landlord shall will be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall will construct or install in the Premises the improvements Improvements as defined in the Workletter to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this LeaseExcept as expressly set forth in the Workletter, it Landlord shall be deemed that Landlord delivered deliver to Tenant possession of the Premises "as is" AS IS in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, and Landlord will not be liable to Tenant for any resulting resultant loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that datedamage. Tenant will execute and deliver to Landlord the Commencement Date and Estoppel Certificate attached to this Lease as Exhibit E, appropriately completed, E within fifteen (15) 3 days of Landlord's request.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date(a) Except for latent defects and punchlist items, as it may be adjusted pursuant and except to the Workletter. extent Tenant shall have given Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannotice not deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within later than sixty (60) days after the Commencement Date of defects in Landlord’s Work, Tenant shall have no claim that Landlord has failed to perform any of Landlord’s Work. Notwithstanding the foregoing, during the first year of the Lease Term Landlord shall repair latent defects at Landlord’s sole cost and expense and shall not include the cost thereof as an Operating Cost. (b) Landlord shall use diligent efforts to deliver the Premises with Landlord’s Work substantially completed no later than the date that is three (3) months after receipt by Landlord of a building permit for any reason Landlord’s Work (the “Estimated Delivery Date”). If Landlord fails to deliver the Premises with Landlord’s Work substantially completed by the date that is one (1) month after the Estimated Delivery Date, other than a Delay Caused by Tenant, due to Tenant Delays or Force Majeure Delays (as defined in the WorkletterWork Letter), Tenant shall receive a credit toward Rent equal to one day of Base Rent for each day of delay until the Premises are delivered; provided however if Tenant’s current Landlord permits Tenant to remain in its current Premises at the current rent and without further penalties, as Tenant shall not be entitled to any rent credit. If Landlord fails to deliver the Premises with Landlord’s Work substantially completed by the date that is two (2) months after the Estimated Delivery Date (the “Extended Delivery Date”), other than due to Tenant Delays or Force Majeure Delays, Tenant shall receive a credit toward Rent equal to two days of Base Rent for each day of delay after the Extended Delivery Date until the Premises are delivered; provided however if Tenant’s current Landlord permits Tenant to remain in its sole remedycurrent Premises at the current rent and without further penalties, Tenant shall not be entitled to any rent credit. If Landlord fails to deliver the Premises with Landlord’s Work substantially completed by the date that is two (2) months after the Extended Delivery Date, other than due to Tenant Delays or Force Majeure Delays, Tenant shall have the right option to terminate this Lease upon ten (10) business days’ written notice. Within one (1) week of receipt of the building permit for Landlord’s Work, Landlord shall provide notice to Tenant regarding whether Landlord reasonably expects to deliver the Premises to Tenant with Landlord’s Work completed by the Estimated Delivery Date, and receive a refund of all prepaid Rent and Security Deposits provided shall provide weekly updates to Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestthereafter.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Leased Premises upon Substantial Completion of the Tenant Improvements as that term is defined in the Work Letter attached hereto as Exhibit B and made a part of this Lease (the "as is" in its present condition on Work Letter"). The date that the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as Leased Premises are so delivered to the suitability or fitness of Tenant shall be deemed the Premises for the conduct of Tenant's business or for any other purpose, nor has "Delivery Date." If Landlord or its agents or employees agreed is unable to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot so deliver possession of the Leased Premises to Tenant in the agreed condition on or before the Commencement Intended Delivery Date, this Lease will not Landlord shall have until the date that is thirty (30) days after the Intended Delivery Date (the "Delivery Grace Period") to deliver the Leased Premises. Additionally, the Delivery Grace Period above set forth shall be void or voidable, extended for such number of days as Landlord will not may be liable delayed in delivering possession of the Leased Premises to Tenant for any resulting loss by reason of Force Majeure or damage and the Term action or inaction of this Lease shall not be extended by a delayed delivery of possessionTenant. The preceding sentence notwithstanding, if If Landlord fails is unable to deliver possession of the Leased Premises in the agreed condition to Tenant within the Delivery Grace Period (including any extension thereof by reason of Force Majeure or the actions or inactions of Tenant), then Tenant shall receive as its sole remedy a credit of two (2) days of free rent for each day that the Leased Premises are not delivered to Tenant after expiration of the Delivery Grace Period (including any extension thereof by reason of Force Majeure or the actions or inactions of Tenant), which free rent shall apply to the first month in which Base Monthly Rent is due. If Landlord is unable to deliver possession of the Leased Premises in the agreed condition to Tenant within sixty (60) days after the Commencement Date for expiration of the Delivery Grace Period (including any extension thereof by reason other than a Delay Caused by of Force Majeure or the actions or inactions of Tenant), as defined in the Workletter, TenantTenant may choose, as its sole remedy, shall have the right to terminate this Lease Lease, and receive a refund in the event of all prepaid Rent and Security Deposits provided such termination Landlord shall not be liable in damages to Tenant gives written notice of termination to Landlord within three (3) days after that datefor any delay. Tenant will execute the Commencement Date Certificate attached to may not terminate this Lease as Exhibit Eat any time after the date Landlord notifies Tenant that the Leased Premises have been put into the agreed condition and are available for delivery to Tenant, appropriately completed, within fifteen (15) days of unless Landlord's requestnotice is not given in good faith. Tenant may occupy the Leased Premises commencing on the Delivery Date for the Permitted Use, and for purposes of installing furniture, fixtures and equipment, provided that Tenant shall be responsible for Additional Rent during such period and Tenant shall comply with all other provisions of this Lease (other than the payment of Base Monthly Rent).

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Leased Premises on the Lease Commencement Date in its "as as-is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises Effective Date of this Lease, except for the conduct removal of Tenant's business or the personal property, trade fixtures, equipment and other property of Computer Associates International, and except for any other purposemodifications, nor has Landlord alterations, improvements, fixtures, or its agents personal property, made, installed or employees agreed to undertake any alterations or construct any Tenant improvements to brought onto the Leased Premises except as expressly provided in this Lease and the Workletterby Tenant. If for any reason Landlord cannot is unable to so deliver possession of the Leased Premises to Tenant on or before the Intended Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended in default under this Lease, nor shall this Lease be void, voidable or cancelable by a delayed delivery Tenant until the lapse of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty ninety (6090) days after the Intended Commencement Date for any reason other than a Delay Caused (the "delivery grace period"); however, if Landlord's inability to so deliver the Leased Premises to Tenant is caused by Tenant, as defined the existing tenant's hold over in the WorkletterLeased Premises beyond the term of its current lease or by Landlord's gross negligence or willful misconduct, the Lease Commencement Date shall not be deemed to have occurred until the actual date of delivery. Additionally, the delivery grace period above set forth shall be extended for such number of days as Landlord may be delayed in delivering possession of the Leased Premises to Tenant by reason of Force Majeure or the action or inaction of Tenant. If Landlord is unable to deliver possession of the Leased Premises in the agreed condition to Tenant within the described delivery grace period (including any extension thereof by reason of Force Majeure or the actions or inactions of Tenant), as its then Tenant's sole remedy, remedy shall have the right be to terminate this Lease Lease, and receive a refund of all prepaid Rent and Security Deposits provided in no event shall Landlord be liable in damages to Tenant gives written notice of termination to Landlord within three (3) days after that datefor such delay. Tenant will execute the Commencement Date Certificate attached to may not terminate this Lease as Exhibit Eat any time after the date Landlord notifies Tenant that the Leased Premises have been put into the agreed condition and are available for delivery to Tenant, appropriately completed, within fifteen (15) days of unless Landlord's requestnotice is not given in good faith.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. 3.1 If for any reason Landlord candoes not deliver possession of the Premises to Tenant on the Commencement Date, this Lease will and such failure is not caused by an act or omission of Tenant, the Expiration Date shall be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage extended by the number of days the Commencement Date has been so delayed and the Term validity of this Lease shall not be extended by a delayed impaired nor shall Landlord be subject to any liability for such failure; but Rent shall be abated until delivery of possession. The preceding sentence notwithstandingProvided, however, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date has been delayed by an act or omission of Tenant, then Rent shall not be abated until delivery of possession and the Expiration Date shall not be extended. If Landlord permits Tenant to enter into possession of the Premises before the Commencement Date, such possession shall be subject to the provisions of this Lease, including, without limitation, the payment of Rent (unless otherwise agreed in writing). In the event Tenant fails to take possession of the Premises following execution of this Lease, Tenant shall reimburse Landlord promptly upon demand for all costs incurred by Landlord in connection with entering into this Lease, including, but not limited to, broker fees and commissions, sums paid for the preparation of a floor and/or space plan for the Premises, costs incurred in performing Landlord's Work pursuant to Exhibit "D", loss of rental income, attorneys' fees and costs, and any other damages for breach of this Lease to which Landlord is entitled at law or in equity. 3.2 As of the Commencement Date, Landlord shall deliver possession of the Premises to Tenant, and Tenant shall accept possession of the Premises in their "AS IS" condition. Tenant acknowledges and agrees that Tenant and its representatives have inspected the Premises and all of its structural and mechanical elements and that Tenant is satisfied with the condition thereof. This Lease, shall become effective with respect to the Premises upon the Commencement Date. Except as expressly set forth in Exhibit "D", Tenant further acknowledges and agrees that Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part of the Premises, or to pay for any reason other than a Delay Caused by Tenantsuch work, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to neither Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of nor Landlord's requestagents have made any representations to Tenant with respect to the condition of the Premises.

Delivery of Possession. (a) Except as expressly provided otherwise in this Lease, including in Paragraphs 4(b) and 4(c) below and the Work Letter attached to this Lease, Landlord shall be deemed to have delivered deliver possession of the Premises to Tenant on and, except as provided in Paragraph 4(b) below, Tenant shall accept the Commencement Datesame, as it may be adjusted pursuant in its “AS IS” condition. Tenant agrees that Landlord has no obligation and has made no promise to alter, remodel, improve, or repair the Workletter. Landlord shall construct Premises, or install any part thereof, or to repair, bring into compliance with applicable laws, or improve any condition existing in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession as of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges agrees that neither Landlord nor its any of Landlord’s employees or agents or employees have has made any representations representation or warranties warranty as to the present or future suitability or fitness of the Premises for the conduct of Tenant's ’s business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements therein. Subject to the Premises except as expressly completion by Landlord of the improvements provided for in this Lease Paragraph 4(b) below, and the Workletter. If for opportunity given to Tenant to inspect the Premises and duly confirm any reason Landlord cannot deliver matters affecting the subject area during a walk through, and Landlord’s warranty contained in Exhibit E, the taking of possession of the Premises to by Tenant on shall conclusively establish that the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage Premises and the Term Building were at such time in good and satisfactory’ order, condition and repair. Within two (2) business day following the request by Landlord upon substantial completion of the Tenant Improvements provided for in Paragraph 4(b), Tenant shall make itself, or a representative, available to conduct a walk-through of the Premises to identify any conditions affecting the substantial completion of the Tenant Improvements provided for in Paragraph 4(b) that affect the ability of Tenant to occupy the Premises for its intended purpose, the parties agreeing to be reasonable in their assessment as to whether the Tenant Improvements are substantially complete. Notwithstanding anything to the contrary in the foregoing, nothing in this Lease shall not be extended by a delayed Paragraph 4(a) relieves Landlord of its maintenance and repair obligations under this Lease. (b) In connection with Landlord’s initial delivery of possession. The preceding sentence notwithstandingthe Premises to Tenant, Landlord, at its sole cost and expense, shall construct and install in the Premises the Tenant Improvements, if Landlord fails any, provided in, and in accordance with the terms of Exhibit E to deliver possession this Lease. (c) In connection with Landlord’s initial delivery’ of the Premises to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the WorkletterLandlord, Tenant, as its at Landlord’s sole remedycost and expense, shall have provide a code-compliant path of travel to the right Premises from the entrance to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestBuilding.

Delivery of Possession. Notwithstanding anything contained herein to the contrary, Tenant acknowledges that the terms and provisions of this Lease are specifically contingent upon Landlord obtaining uncontested, exclusive legal right, title, interest and possession of the Leased Premises from the existing occupant In the event Landlord does not obtain such possession within thirty (30) days following the Intended Commencement Date, either party may, by written notice to the other, terminate this Lease and neither party shall be liable to the other for any costs, expenses or liabilities incurred by the other in connection with the preparation for Tenant's occupancy of the Leased Premises. Landlord shall use commercially reasonable efforts to substantially complete the Landlord's Work, if any, as set forth in Exhibit "13" attached hereto and deliver possession of the Leased Premises to Tenant free and clear of all tenancies and rights of others on or before the Intended Commencement Date. Unless the Building Systems are not operational in accordance with the provisions of Paragraph 2.5 on the Delivery Date, Tenant shall be deemed to have delivered possession of accepted the Leased Premises to Tenant on in their current "AS-IS" condition and the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Leased Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed to be in "Delivery Condition". Upon the date that Landlord delivered to the entire Leased Premises is in Delivery Condition, Tenant possession shall begin paying one hundred percent (100%) of all Rent due in accordance with the Premises "as is" schedule set forth in its present condition on the Commencement DateArticle 1. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or If Landlord, for any other purposereason, nor has Landlord or its agents or employees agreed fails to undertake any alterations or construct any Tenant improvements to deliver the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Leased Premises to Tenant Tenant, on or before the Intended Commencement Date, this Lease will shall not be void or voidable, nor shall Landlord will not be liable to Tenant for in any resulting loss or damage way as a result of such failure, it being understood and the Term of this Lease agreed that Tenant shall not be extended obligated to commence the payment of Rent in accordance with the schedule set forth in Article 1 until the Leased Premises have been delivered to Tenant in the Delivery Condition, unless Tenant is using the Leased Premises for its business operations. Notwithstanding the foregoing, Landlord shall not be required to deliver to Tenant possession of the Leased Premises until all the following conditions have been met: (i) this Lease has been fully executed and delivered by a delayed delivery the parties, (ii) Tenant has delivered to Landlord the Security Deposit and First Month's Prepaid Rent, and (iii) Tenant (and its contractors) has delivered to Landlord the insurance certificates or other evidence of possessionthe insurance coverage required herein. The preceding sentence notwithstanding, if Landlord fails to deliver date possession is delivered to Tenant within sixty (60) days after is referred to herein as the "Delivery Date". It is agreed that by occupying the Leased Premises, subject to Paragraph 2.5, Tenant formally accepts the Leased Premises and acknowledges that the Leased Premises are in the condition required for delivery under the terms of this Lease. If Tenant occupies the Leased Premises prior to the Intended Commencement Date for any reason other than a Delay Caused by Date, such occupancy shall be subject to the terms of this Lease, except that Tenant's obligation to pay Rent shall not commence until the Intended Commencement Date. Tenant, as defined in the Workletter, Tenant, as its sole remedyhowever, shall have be responsible to commence payment of utility charges for the right Leased Premises as of the date Tenant takes possession of the Leased Premises if prior to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Intended Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestDate.

Delivery of Possession. Landlord shall construct or install in the Premises the Landlord’s Work to be deemed constructed or installed by Landlord according to have delivered the Work Letter attached to this Lease as Exhibit C (“Landlord’s Work” and “TI Work” as described in the Work Letter are herein collectively described as the “Work”; “TI Work” as described in the Work Letter may also be described herein as “Tenant Improvements”). Landlord shall deliver possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in remove the Premises the improvements stairway between Floors 19 and Floor 20 and shall erect a temporary barrier during said work to be constructed or installed prevent access to said work by anyone other than Landlord’s contractors. Landlord according to the Worklettershall commence Landlord’s Work as soon as reasonably practicable after Landlord has received all permits for Landlord’s Work. If no Workletter substantial completion of the Work is delayed due to any circumstances, this Lease shall not thereby be void or voidable and Landlord shall not be liable to Tenant for any resultant damages or loss; provided, however, if substantial completion of the Work is delayed as a result of any delay caused by Landlord, Tenant will be entitled to an abatement of Rent of one day for each day of Landlord-caused delay. Tenant shall execute the Commencement Date Certificate attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession Lease as Exhibit D within fifteen (15) days of the Premises "as is" in its present condition on the Commencement DateLandlord’s request. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's ’s business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestWork Letter.

Delivery of Possession. Subject to Tenant's delivery of the items specified in the first sentence of Section 1.6 of the Lease, Landlord shall be deemed agrees to have delivered use its commercially reasonable efforts to deliver possession of the Premises to Tenant on substantially concurrently with the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession mutual execution and delivery of the Premises Lease (the "as is" in its present condition on the Commencement Scheduled Turnover Date"). Tenant acknowledges agrees that neither if Landlord nor its agents or employees have made any representations or warranties as is unable to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on or prior to the Commencement DateScheduled Turnover Date specified in the Basic Lease Information section of the Lease, this the Lease will not be void or voidable, nor will Landlord will not be liable to Tenant for any resulting loss or damage resulting therefrom. The actual date upon which Landlord turns over possession of the Premises to Tenant is the "Turnover Date." Landlord, at its sole cost and expense, shall warrant that the Building, Premises and the Term of this Lease shall not Building Systems, including, without limitation, HVAC, mechanical, electrical, plumbing, elevators, structural components, windows and doors, exterior façade, outdoor exterior patio and Building's parking structure will be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession delivered to Tenant in good working order and condition and in compliance with all codes and regulations in effect as of the Delivery Date; provided, however, Landlord shall have no liability hereunder for (aa) any breach of the above warranty unless Tenant notifies Landlord in writing of such breach within sixty forty-five (6045) days after following the Commencement Date Delivery Date, and/or (bb) repairs or replacements necessitated by the acts or omissions of Tenant and/or of Tenant's representatives, agents, contractors and/or employees; and provided further that as Tenant's sole remedy for any reason other than a Delay Caused by TenantLandlord's breach of the above warranty, as defined in the Workletter, Tenant, as its sole remedy, Tenant shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination cause Landlord to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestcure such breach.

Delivery of Possession. If Landlord shall is unable to deliver possession of the Premises with the Landlord's Work Substantially Completed by the Projected Commencement Date, then, except as provided below, Landlord will not be in default or liable in damages to Tenant, nor will the obligations of Tenant be affected, provided, however, that the Commencement Date will be extended automatically by one day for each day of the period after the Projected Commencement Date to the day on which Landlord tenders possession of the Premises to Tenant with Landlord's Work Substantially Completed, less any portion of that period attributable to Tenant's delays as more particularly described in Section 3.12.. Such postponement of the commencement of the Term will be in full settlement of all claims that Tenant might otherwise have against Landlord by reason of Landlord's failure to have Substantially Completed its obligations by the Projected Commencement Date. If Landlord delivers possession of the Premises with the Landlord's Work Substantially Completed prior to the Projected Commencement Date, then Tenant may either accept such delivery (in which case such date will be the Commencement Date hereunder) or may refuse to accept delivery until any date selected by Tenant that is no later than the Projected Commencement Date. For purposes of the foregoing, any occupation of the Premises by Tenant for fixturing or similar purposes after Landlord's Work has been Substantially Completed will be deemed acceptance of the Premises. The term "Substantially Completed" means that the Premises are broom clean, free of construction tools and materials, and Landlord's Work has been completed according to have the Cold Shell Plans and the Leasehold Improvements Plans with only minor punch list items that will not materially interfere with Tenant's use and enjoyment of the Premises remaining to be completed or corrected pursuant to Section 3.3; that an unconditional certificate of occupancy for the Premises has been issued and not suspended or revoked or amended in a manner that would prevent Tenant from occupying the Premises the purposes for which they were designed, as set forth in the Design Information; and that all utilities called for in the Cold Shell Plans or the Leasehold Improvements Plans are installed and operable with all hook- up, tap or similar fees paid. Within 60 days after the Commencement Date, Landlord will provide to Tenant a complete set of as-built drawings of Landlord's Work and manuals for all equipment incorporated into the Improvements as a part of Landlord's Work. Notwithstanding anything contained in this Section 3.2 to the contrary, if, by August 15, 2002, Landlord has not delivered possession of the Premises to Tenant on the Commencement Datewith Landlord's Work Substantially Completed, as it then Tenant may be adjusted pursuant refuse to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed accept delivery until a date chosen by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease after January 2003 and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that commence until such date. Nevertheless, in determining such date, Tenant will execute shall choose the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestearliest date practicable for Tenant.

Delivery of Possession. Tenant acknowledges that all or any portion of the demised premises may be occupied at the time of the execution of this lease and that any or all of such occupants may choose to hold-over following the execution of its lease. Landlord agrees to use best efforts, at its sole cost and expense, to enforce the relevant provisions of its leases with such occupants and to otherwise cause any existing occupant of all or a portion of the premises designated hereunder as the demised premises to vacate and deliver possession thereof to Landlord by commencement and prosecution of necessary legal proceedings to such end or reaching an amicable written agreement with any such tenant. Notwithstanding the foregoing, if Landlord is unable to give possession of all or any portion of the demised premises because of the holding-over or retention of possession of any tenant, undertenant or occupants or for any other reason, Landlord shall not be subject to any liability for failure to give possession thereof and the validity of this lease shall not be impaired under such circumstances, nor shall the same be construed in any wise to extend the term of this lease. If permission is given to Tenant to enter into the possession of any portion of the demised premises or to occupy premises other than the demised premises prior to the date specified as the commencement of the term of this lease, Tenant covenants and agrees that such possession and/or occupancy shall be deemed to have delivered possession be under all the terms, covenants, conditions and provisions of this lease. The provisions of this Article are intended to constitute "an express provision to the contrary" within the meaning of Section 223-a of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestNew York Real Property Law.

Delivery of Possession. Landlord shall deliver the Premises to Tenant in Delivery Condition (as defined in Paragraph 4.a. below). The date that Landlord delivers the Premises to Tenant in Delivery Condition is, as provided in Paragraph 2.b. above, the Commencement Date and such date is also sometimes referred to in this Lease as the “Delivery Date.” The parties presently estimate that the Delivery Date will be deemed on or about August 1, 2012. Notwithstanding the foregoing, except as otherwise expressly provided below, in the event of any delay in the delivery of the Premises to have Tenant in Delivery Condition due to Force Majeure (as defined below) or other causes, this Lease shall not be void or voidable, nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom, but Landlord shall continue to use commercially reasonable efforts to deliver the Premises to Tenant in Delivery Condition as soon as reasonably possible after August 1, 2012. Further. notwithstanding the foregoing, if Landlord has not delivered the Premises to Tenant in Delivery Condition on or before October 1, 2012 (the “Termination Trigger Date”)(which Termination Trigger Date shall be extended by the length of any delay in the delivery of possession of the Premises to Tenant in Delivery Condition that results from a delay caused by Tenant or Force Majeure; provided that extensions of the Termination Trigger Date on the Commencement Dateaccount of Force Majeure shall not exceed a. total of three (3) months), Tenant, as it Tenant’s sole remedy, may be adjusted pursuant notify Landlord in writing that Tenant elects to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to terminate this Lease, it shall be deemed that Landlord delivered to Tenant possession Lease effective as of the Premises "as is" in its present condition on date thirty (30) days following the Commencement Date. Tenant acknowledges that neither date of such written notice, and, if Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord candoes not deliver possession of the Premises to Tenant in Delivery Condition on or before the Commencement Dateend of’ such thirty (30) day period, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestterminate.

Delivery of Possession. Landlord shall be deemed endeavor to have delivered cause possession of the Expansion Premises to be delivered to Tenant on the Commencement Dateor before March 1, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter1997. If no Workletter there is attached to this Lease, it shall be deemed that Landlord delivered to Tenant a holding over or retention of possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Expansion Premises, or any portion thereof, by any prior tenant or occupant, or if Landlord nor its agents or employees have made any representations or warranties as shall otherwise be unable to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Expansion Premises on March 1, 1997 due to Tenant on causes beyond its reasonable control, then Landlord shall not be subject to any liability for the Commencement Date, failure or delay in giving possession and such failure to give possession shall in any other respect affect the validity of this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and (including the date on which the Term ends) or any other of the obligations of Tenant, except that the term of this Lease shall not commence until Landlord has delivered the Expansion Premises to Tenant vacant and broom-clean and given Tenant 14 days' prior written notice of the date on which possession of the Expansion Premises will be extended by a delayed delivered. If the delivery of possessionthe Expansion Premises is delayed beyond July 1, 1997 for causes not attributable in whole or in part to the action or inaction of Tenant, Tenant may give a 14-day termination notice to Landlord. The preceding sentence notwithstandingThis Lease shall terminate 14 days after the giving of such notice if the Expansion Premises are not delivered to Tenant before such time. Landlord shall endeavor to deliver the Second Expansion Premises to Tenant on September 1, 1997. If there is a holding over or retention of possession of the Second Expansion Premises, or any portion thereof, by any prior tenant or occupant, or if Landlord fails shall otherwise be unable to deliver possession of the Second Expansion Premises on September 1, 1997 due to causes beyond its reasonable control, then Landlord shall not be subject to any liability for the failure or delay in giving possession, except that the Second Expansion Premises shall not be added to the Premises until the Second Expansion Premises are delivered to Tenant vacant and in broom-clean condition but no earlier than September 1, 1997. No such failure to give possession shall in any other respect affect the validity of this Lease (including the date on which the Term ends) or any other of the obligations of Tenant. Landlord hereby consents to a sublease by Tenant of the Second Expansion Premises to X. Xxxxxx, Inc., provided Tenant furnishes notice and a copy of such sublease within sixty (60) 30 days after execution thereof. If Tenant executes such a sublease, the Commencement Date for any reason other than a Delay Caused by TenantSecond Expansion Premises shall be deemed delivered upon expiration of the X. Xxxxxx, as defined Inc. lease and Landlord shall be excused from the obligation to deliver the Second Expansion Premises vacant and in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestbroom-clean condition.

Delivery of Possession. Landlord shall be deemed use best efforts to have deliver possession of the Premises to Tenant with Landlord’s Work complete and in turnkey condition such that Tenant is able to obtain permits for Tenant’s Work without further action by Landlord (“Turnkey Condition” as described in Exhibit E”). If despite using reasonable efforts, Landlord is unable to deliver possession of the Premises to Tenant in the Turnkey Condition on or before the Estimated Delivery Date, Landlord may extend the Estimated Delivery Date by up to ninety (90) days upon written notice to Tenant provided such notice is given at least sixty (60) days prior to the Estimated Delivery Date. If possession of the Premises has not been delivered to Tenant in the Turnkey Condition by the Estimated Delivery Date plus any applicable extensions for any reason whatsoever other than a Tenant Delay, then (a) Landlord shall, promptly after demand therefor, reimburse Tenant for its Holdover Costs, and (b) Tenant shall receive one (1) day of free Rent for each day after the Estimated Delivery Date plus any applicable extensions that Landlord has not delivered possession in the Turnkey Condition. Anything in this Lease to the contrary notwithstanding, if Landlord has not delivered possession of the Premises to Tenant in the Turnkey Condition on or before September 1, 2018, then Tenant may terminate this Lease by written notice to Landlord and this Lease shall terminate as of the Commencement date of such notice. As used herein, “Holdover Costs” shall mean those amounts charged to Tenant by its prior landlord for holding over in their then existing leased premises (the “Prior Lease”) in excess of the rent and other charges payable by Tenant under the Prior Lease for the period immediately prior to the Holdover Date, as it may be adjusted pursuant established by documentation reasonably acceptable to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's request.

Delivery of Possession. Landlord shall be deemed use reasonable efforts to have delivered receive exclusive possession of each space from the Premises current tenants in a timely manner so that Landlord can meet the requirements of Pargraph1 above. If Landlord shall, for any reason, fail to make available to Tenant possession of any Space (or any portion thereof) on or before the Delivery Date for such Space (or such portion thereof), Landlord shall not be subject to any liability for such failure except as expressly set forth herein. Under such circumstances, the Space No. 1 Commencement Date, Space No. 2 Commencement Date, Space No. 3 Commencement date or Space No. 4 Commencement Date, as it may applicable (or, if relating to Early Space, the applicable Early Space Commencement Date), shall be adjusted pursuant deferred by a number of days equal to the Workletternumber of days that Landlord was delayed in delivering possession of such Space (or portion thereof) to Tenant (the Space No.1 Commencement Date, Space No. 2 Commencement Date, Space No. 3 Commencement Date, Space No. 4 Commencement Date, and each Early Space Commencement Date, are sometimes hereinafter referred to as a "Commencement Date"), but not beyond the date that Tenant first takes occupancy of the applicable Space for the conduct of business. Furthermore, if Landlord shall, for any reason, fail to make available to Tenant possession of any Space within ninety (90) days after the scheduled Delivery Date, then Tenant shall construct or install be entitled to abatement of Base Rent next coming due in an amount equal to the product of (x) the number of days in the Premises period commencing upon the improvements to be constructed or installed by expiration of the foregoing 90-day period and expiring on the date immediately preceding the day Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered makes available to Tenant possession of the Premises applicable Space (but not to exceed the number of days that the scheduled Commencement Date of the applicable Space is actually delayed due to Landlord's failure to timely deliver possession of such Space) multiplied by (y) the product of (I) the monthly installment of Base Rent initially payable for such Space divided by (II) thirty (30) (the "Scheduled Daily Rent"). Furthermore, if delivery of possession of any Space is delayed more than one hundred fifty (150) days beyond the scheduled Delivery Date the scheduled Daily Rent shall thereafter be increased to 150% of the prior amount. Furthermore, if Landlord shall, for any reason, fail to make available to Tenant possession of any Space within ninety (90) days after the scheduled Delivery Date, in lieu of incurring the abatement liability described above, to the extent suitable space reasonably acceptable to Tenant is available in the Building, Landlord shall provide Tenant with temporary space (the "Temporary Space") in the Building at locations designated by Landlord for Tenant to conduct its business. Tenant's occupancy of the Temporary Space shall be upon all of the same terms and provisions as is" are contained in its present condition this Lease, except as follows: (i) Tenant shall not be obligated to pay Base Rent or Additional Rent for the Temporary Space, but Tenant shall pay for all electricity used in the Temporary Space. (ii) Tenant's right to occupy the Temporary Space shall commence on the date such Temporary Space is delivered by Landlord and shall expire on the first to occur of (a) the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties Date of the applicable Space (as deferred pursuant to the suitability provisions of this Paragraph 3) or fitness of (b) the Premises for the conduct of date that this Lease or Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed right to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises is terminated. (iii) Tenant shall accept the Temporary Space, if at all, in an "as-is", "where is" physical condition, without any representation, credit or allowance from Landlord with respect to the condition or improvement thereof. (iv) It shall be a condition of Tenant's right to occupy the Temporary Space that Tenant on is not in Default under this Lease at any time while Tenant is so occupying the Temporary Space. Such deferral of the Commencement Date, this Lease will not abatement of Rent and delivery of temporary space shall constitute Tenant's sole and exclusive rights and remedies with respect to any such failure to timely deliver possession of a Space. There shall be void no deferral of a Commencement Date, abatement of Rent or voidabledelivery of temporary space, Landlord will not be liable to Tenant for however, if any resulting loss such failure is caused in whole or damage and the Term of this Lease shall not be extended part by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused delay caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's request.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Leased Premises "on or before the Intended Commencement Date (as is" set forth in its present Article I) in their presently existing condition, broom clean, unless Landlord shall have agreed, as a condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness Tenant’s obligation to accept possession of the Premises for the conduct Leased Premises, pursuant to an Addenda attached to and made a part of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and to modify existing interior improvements or to make, construct and/or install additional specified improvements within the WorkletterLeased Premises, in which case Landlord shall deliver to Tenant possession of the Leased Premises on or before the Intended Commencement Date as so modified and/or improved. If for any reason Landlord cannot is unable to so deliver possession of the Leased Premises to Tenant on or before the Intended Commencement Date, for whatever reason, Landlord shall not be in default under this Lease, nor shall this Lease will be void, voidable or cancelable by Tenant until the lapse of one hundred twenty days after the Intended Commencement Date (the “delivery grace period”); however, the Lease Commencement Date shall not be void deemed to have occurred until such date as Landlord notifies Tenant that the Leased Premises are Ready for Occupancy. Additionally, the delivery grace period above set forth shall be extended for such number of days as Landlord may be delayed in delivering possession of the Leased Premises to Tenant by reason of Force Majeure or voidablethe actions of Tenant. If Landlord is unable to deliver possession of the Leased Premises to Tenant within the described delivery grace period (including any extensions thereof by reason of Force Majeure or the actions of the Tenant), then Tenant’s sole remedy shall be to cancel and terminate this Lease, and in no event shall Landlord will not be liable to Tenant for any resulting loss or damage and the Term of such delay. Tenant may not cancel this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days at any time after the Commencement Date Landlord notifies Tenant the Leased Premises are Ready for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestOccupancy.

Delivery of Possession. Landlord The Premises shall be deemed to have delivered be suitable for possession of the Premises and delivery to Tenant and Tenant shall accept delivery on the Commencement Date, as it may be adjusted pursuant date Landlord completes Landlord's portion of any improvements to the WorkletterPremises. Landlord shall construct or install in the Premises the improvements to not be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered liable to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither if Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If is unable for any reason Landlord cannot to deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable Date set forth in Article 2 hereof. Landlord's failure to deliver of the Premises to Tenant for any resulting loss or damage and on that Date shall not impair the Term validity of this Lease, but the Commencement Date of the Lease and Tenant's obligation to pay rent or other sums thereunder shall not be extended by a delayed delivery until possession of possessionthe Premises is delivered to Tenant. The preceding sentence notwithstandingHowever, if Landlord fails to does not deliver possession of the Premises to Tenant within sixty ninety (6090) days after the Commencement Date for set forth in Article 2, and if the delay is attributable to Landlord's actions which are not beyond its control, Tenant may elect to cancel this Lease by giving written notice to Landlord at any reason time between the end of said ninety (90) day period and the date that Landlord is able to deliver possession of the Premises to Tenant, which notice shall specify the reasons Tenant believes Landlord is in default with respect to the delay. If Tenant gives such notice to Landlord, this Lease shall be canceled, any refundable deposits shall be returned to Tenant, and Landlord and Tenant shall have no further obligations under this Lease or to each other. If Tenant does not give such notice to Landlord, then Tenant's right to cancel this Lease shall expire and the Lease Term shall commence upon Landlord's delivery of possession of Premises to Tenant. If delivery of Possession of the Premises to Tenant shall occur on a date other than a Delay Caused by Tenantthe Commencement Date set forth in said Article 2, as defined in then the Workletter, Tenant, as its sole remedy, date of such delivery of possession of the Premises to Tenant shall have become the right to terminate Commencement Date of this Lease and receive a refund of all prepaid Rent Landlord and Security Deposits provided Tenant gives written notice of termination to Landlord shall within three ten (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (1510) days of Landlord's requestsuch date execute a Lease Amendment to amend said Article 2 accordingly.

Delivery of Possession. (a) Possession of the Premises shall be delivered to Tenant on the date that Landlord’s Work is substantially complete except for punch list items (the Possession Date), which date is scheduled to be July 1, 2006, subject to delays caused by Tenant or beyond the reasonable control of Landlord in completing the work pursuant to the Work Letter. If the Landlord shall be deemed unable to have delivered give possession of the Premises to Tenant on the Possession Date for any reason, the Commencement Date shall not commence until the Possession Date, as it may be adjusted pursuant . The failure to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant give possession of the Premises "as is" on the Possession Date shall not subject Landlord to any liability for failure to give possession except that Landlord shall reimburse Tenant for any excess Base Rent actually incurred by Tenant in holding over in its present condition current space. In the alternative, at Tenant’s election, Tenant shall be entitled to a credit against Base Rent first due under this Lease in an amount equal to one day for each day that Landlord has not substantially completed Landlord’s Work after July 1, 2006. The Premises shall not be deemed to be unready for Tenant’s occupancy or incomplete on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents Possession Date if only minor or employees have made insubstantial details of construction, decoration or mechanical adjustments remain to be done in the Premises or any representations part thereof, or warranties as to if the suitability or fitness delay in the availability of the Premises for the conduct of Tenant's business or for any other purposeoccupancy shall be due to special work, nor has Landlord or its agents or employees agreed to undertake any changes, alterations or construct any additions required or made by Tenant improvements to in the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession layout or finish of the Premises to or any part thereof or shall be caused in whole or in part by Tenant through the delay of Tenant in submitting plans, supplying information, approving plans, specifications or estimates, giving authorizations or shall be otherwise caused in whole or in part by delay and/or default on the Commencement Datepart of Tenant. In the event of any dispute as to whether the Premises are ready for Tenant’s occupancy, this Lease will the decision of Landlord’s architect shall be final and binding on the Landlord and Tenant, unless a Certificate of Occupancy is required, then the issuance of such certificate shall be conclusive evidence of the readiness of the premises for occupancy. (b) To enable Tenant to adapt the Premises to its use, Tenant, may, at Tenant’s sole risk, enter into the Premises commencing on June 23, 2006 and make such installations as it deems desirable for the operation of its business; provided, however, that such entry shall be done in such a manner as not to interfere with Landlord’s Work or render Landlord’s insurance void. Such occupancy shall be void or voidable, Landlord will not be liable subject to Tenant for any resulting loss or damage all the terms and the Term conditions of this Lease (except that Tenant shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails required to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid pay Base Rent and Security Deposits the Rent Adjustments as provided for in this Lease). As a condition to Tenant’s entry into the Premises, Tenant gives written notice shall furnish Landlord evidence of termination the insurance required to Landlord within three (3) days after that datebe carried by Tenant pursuant to the provisions of this Lease. Tenant will execute Notwithstanding such entry, the Commencement Date Certificate attached to Initial Term shall begin and Base Rent shall be payable as herein set forth in this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestLease.

Delivery of Possession. Landlord shall be deemed agrees to have delivered deliver possession of the Premises to Tenant on in accordance with the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession terms of the Premises Work Letter Agreement attached hereto as Exhibit "as is" in its present condition on the Commencement Date. Tenant acknowledges C", provided, however, that neither if ----------- Landlord nor its agents or employees have made any representations or warranties as is unable to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, voidable and Landlord will not be liable to Tenant for any resulting loss or damage resulting therefrom, but the Commencement Date and the Term of this Lease shall not Expiration Date will be extended by a delayed delivery the number of possession. The preceding sentence notwithstandingdays Landlord is late in delivering the Premises to Tenant, and rent will not commence to accrue under this Lease until Landlord delivers the Premises to Tenant; provided, however, that if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused and delivery of the Premises do not occur by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within date which is three (3) calendar months after the Estimated Commencement Date, as extended by delays in the completion of the Tenant Improvements caused by Tenant Delays (as defined in Exhibit "C") and Force Majeure delays (as defined in ----------- Paragraph 33) (such date, as so extended, being hereinafter referred to as the "Mandatory Commencement Date"), then Tenant may as its sole and exclusive remedy, terminate this Lease by written notice to Landlord given within ten (10) days after that datesaid Mandatory Commencement Date. Notwithstanding the foregoing, Landlord will not be obligated to deliver possession of the Premises to Tenant (but Tenant will execute be liable for rent if Landlord can otherwise deliver the Commencement Date Certificate attached Premises to Tenant) until Landlord has received from Tenant all of the following: (i) a copy of this Lease fully executed by Tenant; (ii) the first installment of Monthly Base Rent; (iii) executed copies of policies of insurance or certificates thereof as Exhibit Erequired under Paragraph 19 of this Lease; (iv) copies of all governmental permits and authorizations, appropriately completedif any, required in connection with Tenant's operation of its business within fifteen the Premises; and (15v) days if Tenant is a corporation or partnership, such evidence of Landlord's requestdue formation, valid existence and authority as Landlord may reasonably require, which may include, without limitation, a certificate of good standing, certificate of secretary, articles of incorporation, statement of partnership, or other similar documentation.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Leased Premises "on or before the Intended Commencement Date (as is" set forth in its present Article I) in their presently existing condition, broom clean, unless Landlord shall have agreed, as a condition on to Tenant's obligation to accept possession of the Commencement Date. Tenant acknowledges that neither Landlord nor its agents Leased Premises pursuant to a written Exhibit or employees have Addenda attached to and made any representations a part of this Lease, to modify existing interior improvements or warranties as to make, construct and/or install additional specified improvements within the Leased Premises or to the suitability or fitness Outside Areas, in which case Landlord shall deliver to Tenant possession of the Leased Premises for on or before the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except Intended Commencement Date as expressly provided in this Lease and the Workletterso modified and/or improved. If for any reason Landlord cannot is unable to so deliver possession of the Leased Premises to Tenant in the agreed condition on or before the Intended Commencement Date, for whatever reason, Landlord shall not be in default under this Lease, nor shall this Lease will be void, voidable or cancelable by Tenant until the lapse of one hundred twenty days after the Intended Commencement Date (the "delivery grace period"); however, the Lease Commencement Date shall not be void deemed to have occurred until such date as Landlord notifies Tenant that the Leased Premises are in the agreed condition and are Ready for Occupancy. Additionally, the delivery grace period above set forth shall be extended for such number of days as Landlord may be delayed in making the agreed improvements and/or delivering possession of the Leased Premises to Tenant by reason of Force Majeure or voidablethe actions of Tenant. If Landlord is unable to deliver possession of the Leased Premises in the agreed condition to Tenant within the described delivery grace period (including any extensions thereof by reason of Force Majeure or the actions of Tenant), then Tenant's sole remedy shall be to cancel and terminate this Lease, and in no event shall Landlord will not be liable in damages to Tenant for any resulting loss or damage and the Term of such delay. Tenant may not cancel this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days at any time after the Commencement Date date Landlord notifies Tenant that the Leased Premises have been put into the agreed condition and are Ready for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestOccupancy.

Delivery of Possession. Landlord will deliver both Phase I and Phase II (as such phases are defined in Exhibit "E") of the Premises to Tenant on or before the Commencement Date, with Landlord's work substantially completed in accordance with the Plans (as defined in Exhibit "E") to be prepared by Landlord, all as more particularly set forth in Exhibit "E" attached hereto. Without limiting the generality of anything herein (or in Exhibit "E"), the Plans will comply with all applicable laws and ordinances respecting the construction of the Premises and the "Upfit Work" (as such term is defined in Exhibit "E") will be performed in a good and workmanlike manner. Landlord and Tenant agree to cooperate in good faith in the preparation and approval of said Plans, consistent with the schedule set forth in Exhibit "E" attached hereto. When the Plans have been completed and approved, a copy of same (or a list of the applicable drawings) shall be deemed attached to have delivered possession this Lease as Exhibit "C". Such substantial completion of the Premises in accordance with the Plans shall be evidenced by the certification of Landlord's architect or other designated engineering representative. If Landlord for any reason whatsoever cannot deliver posses- sion of the Premises to Tenant on the Commencement DateDate as above specified, as it may this Lease shall not be void or voidable nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom; but in that event, the Commencement Date shall be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by the date when Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" does in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot fact deliver possession of the Premises to Tenant. However, in the event the Premises are not delivered to Tenant on the Commencement Dateor prior to July 14, 1995, then, as Tenant's sole and exclusive remedy, Tenant may terminate this Lease will not be void by written notice given to Landlord on or voidablebefore such date, Landlord will not be liable to in which event Tenant for shall surrender possession of any resulting loss or damage applicable portion(s) of the Premises occupied by Tenant in the condition set forth in Paragraph 6(c) below. In such event, and the Term of if this Lease shall is not be extended by a delayed delivery of possession. The preceding sentence notwithstandingterminated pursuant to the foregoing sentence, if Landlord fails to deliver possession to Tenant within sixty (60) days after then the Commencement Date for any reason other than a Delay Caused by Tenant, shall be adjusted to the date Landlord delivers the Premises to Tenant as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requesthereinabove provided.

Delivery of Possession. If Landlord shall is unable to deliver exclusive possession (i.e., free and clear of any other occupants or rights of occupancy, but subject to the rights of Landlord under this Lease and the rights of others under the Covenant Documents) of the Premises with the Landlord's Work Substantially Completed by the Projected Delivery Date, then, except as provided below, Landlord will not be deemed in default or liable in damages to have delivered Tenant, nor will the obligations of Tenant be affected, provided, however, that (i) the Delivery Date will be extended automatically by one day for each day of the period after the Projected Delivery Date to the day on which Landlord tenders exclusive possession of the Premises to Tenant on the Commencement Datewith Landlord's Work Substantially Completed, as it may be adjusted pursuant less any portion of that period attributable to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has delays as more particularly described in Section 3.12; and (ii) if Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord candoes not deliver tender exclusive possession of the Premises to Tenant with the Landlord's Work Substantially Completed on the Commencement Dateor before March 30, this Lease will not be void or voidable, Landlord will not be liable to Tenant for 2001 (pins any resulting loss or damage and the Term period of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused delay caused by Tenant's delays as more particularly described in Section 3.12), as defined in the Workletter, Tenant, as its sole remedy, shall Tenant will have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives by delivering written notice of termination to Landlord within three (3) not more than 30 days after such tender deadline date. Upon a termination under clause (ii) above, each party will, upon the other's request, execute and deliver an agreement in recordable form containing an acknowledgement of the termination of this Lease; neither Landlord nor Tenant will have any further obligations to each other, including, without limitation, any obligations to pay for work previously performed in the Premises; all improvements to the Premises will become and remain the property of Landlord; and Landlord will refund to Tenant any sums paid to Landlord by Tenant in connection with the Lease, including, without limitation, any payments to Landlord of portions of Tenant's Cost, prepaid Rent and the Security Deposit. Such postponement of the commencement of the Term and termination and refund right will be in full settlement of all claims that dateTenant might otherwise have against Landlord by reason of Landlord's failure to cause Landlord's Work to be Substantially Completed by the Projected Delivery Date. If Landlord delivers possession of the Premises with the Landlord's Work Substantially Completed prior to the Projected Delivery Date, then Tenant may either accept such delivery (in which case such date will be the Delivery Date hereunder) or may refuse to accept delivery until any date selected by Tenant that is no later than the Projected Delivery Date. Landlord agrees to permit Tenant to enter the Premises for purposes of installing Tenant's trade fixtures and equipment (but not for the conduct of Tenant's regular business) prior to the Delivery Date to the extent such entry will not interfere with Landlord's completion of Landlord's Work and Landlord agrees to use all reasonable efforts (without interfering with customary construction scheduling or incurring extraordinary costs such as overtime) to make such entry for such purposes possible by approximately 45 days prior to Delivery Date. Such early entry for fixturing purposes will not constitute Tenant's acceptance of possession of the Premises or any portion thereof. Tenant will execute also have the right to occupy the Premises for completing such installation of fixtures and equipment, for furnishing the Premises, for stocking the Premises with Tenant's inventory and for the regular conduct of Tenant's business during the period from the Delivery Date to the Commencement Date Certificate attached to and, during such period, all of the parties' rights and obligations under this Lease will apply as Exhibit Eif the Term had commenced (including, appropriately completedwithout limitation, within fifteen (15) days of LandlordTenant's requestobligation to pay Additional Rent for Taxes and Operating Expenses); provided that Tenant will have no obligation to pay any Basic Rent until the Commencement Date.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord candoes not deliver possession of the Premises to Tenant on the Commencement Date, this Lease will and such failure is not caused by an act or omission of Tenant, the Expiration Date shall be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage extended by the number of days the Commencement Date has been delayed and the Term validity of this Lease shall not be extended by a delayed impaired nor shall Landlord be subject to any liability for such failure; but Rent shall be abated until delivery of possession. The preceding sentence notwithstandingProvided, however, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than has been delayed by an act or omission of Tenant then Rent shall not be abated until delivery of possession and the Expiration Date shall not be extended. Delivery of possession shall be deemed to occur on the earlier of the date Landlord receives a Delay Caused Certificate of Occupancy or upon substantial completion of the Premises (as certified by Tenant, as defined in Landlord’s architect). If Landlord permits Tenant to enter into possession of the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute Premises before the Commencement Date Certificate attached Date, such possession shall be subject to the provisions of this Lease as Exhibit ELease, appropriately completedincluding, within fifteen without limitation, the payment of Rent (15unless otherwise agreed in writing). Within ten (10) days of delivery of possession Landlord shall deliver to Tenant and Tenant shall execute an Acceptance of Premises in which Tenant shall certify, among other things, that (a) Landlord has satisfactorily completed Landlord's request’s Work to the Premises pursuant to the Addendum to Lease, unless written exception is set forth thereon, and (b) that Tenant accepts the Premises. Tenant’s failure to execute and deliver the Acceptance of Premises shall be conclusive evidence, as against Tenant, that Landlord has satisfactorily completed Landlord’s Work to the Premises pursuant to Addendum to Lease. In the event Tenant fails to take possession of the Premises following execution of this Lease, Tenant shall reimburse Landlord promptly upon demand for all costs incurred by Landlord in connection with entering into this Lease including, but not limited to, broker fees and commissions, sums paid for the preparation of a floor and/or space plan for the Premises, costs incurred in performing Landlord’s Work pursuant to the Addendum to Lease, loss of rental income, attorneys’ fees and costs, and any other damages for breach of this Lease established by Landlord.

Delivery of Possession. (a) Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Premises Premises, with Landlord’s Work Substantially Complete, in accordance with the terms of delivery set forth in Exhibit "as is" in its present condition on the Commencement DateC", and free and clear of all other tenants and occupancies. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or shall not be liable for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to delay in delivery of possession of the Premises except as set forth in subsection 2.6(b) below. Landlord makes no representation or warranty with respect to the occupancy by any tenant or occupant, as to the date on which any such tenant or occupant accepted or will accept occupancy of its space or the use to which any other tenant or occupant will put its leased space, except as expressly provided in this Lease and herein. (b) The projected delivery date of the WorkletterPremises with Landlord’s Work Substantially Complete is July 1, 2014. If for any reason Landlord cannot deliver possession of the Premises to Tenant in the condition required above on the Commencement Dateprojected delivery date for any reason, this Lease will Landlord shall not be void or voidable, Landlord will subject to any liability therefore except as set forth in this Section 2.6(b). Such failure of delivery shall not be liable to Tenant for any resulting loss or damage and affect the Term validity of this Lease or the obligations of Landlord or Tenant hereunder except as provided herein. If Landlord shall not be extended by have failed to deliver the Premises with Landlord’s Work Substantially Complete on or before December 1, 2014 (the “First Credit Date”), then Tenant shall receive a delayed delivery credit against Base Rent in the amount of possession$7,913.80 for each day thereafter until the earlier of (i) the date Landlord delivers possession of the Premises with Landlord’s Work Substantially Complete, or (ii) February 1, 2015 (the “Second Credit Date”). If Landlord shall have failed to deliver the Premises with Landlord’s Work Substantially Complete or before the Second Credit Date, then Tenant shall receive a credit against Base Rent in the amount of $15,827.60 for each day thereafter until the date Landlord delivers possession of the Premises with Landlord’s Work Substantially Complete. The preceding sentence notwithstandingcredits due under the prior two sentences shall be applied against the Base Rent initially due hereunder and shall continue until exhausted, and thereafter Tenant shall commence payment of Base Rent. In addition, if Landlord fails is unable to deliver possession of the Premises to Tenant within sixty with Landlord’s Work Substantially Complete on or before May 1, 2015 (60) days after the Commencement Date for any reason other than a subject to Tenant Delay Caused by or an event of Force Majeure), then Tenant, as defined in the Workletter, Tenant, as its sole remedyand absolute discretion, shall have the right option at any time thereafter to terminate this Lease and receive a refund of all upon notice to Landlord, in which event this Lease shall terminate, Landlord shall return any prepaid Rent to Tenant, and Security Deposits provided Tenant gives written notice of termination to both Landlord within three (3) days after that date. Tenant will execute and the Commencement Date Certificate attached to parties shall be released from any further liability or obligation under this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestLease.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Leased Premises "on or before the Intended Commencement Date (as is" set forth in its present Article 1) in their presently existing condition, broom clean, unless Landlord shall have agreed, as a condition on to Tenant's obligation to accept possession of the Commencement Date. Tenant acknowledges that neither Landlord nor its agents Leased Premises pursuant to a written Addenda attached to and made a part of this Lease, to modify existing interior improvements or employees have made any representations to make, construct and/or install additional specified improvements within the Leased Premises or warranties as to the suitability or fitness Outside Areas, in which case Landlord shall deliver to Tenant possession of the Leased Premises for on or before the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except Intended Commencement Date as expressly provided in this Lease and the Workletterso modified and/or improved. If for any reason Landlord cannot is unable to so deliver possession of the Leased premises to Tenant in the agreed condition on or before the Intended Commencement Date, for whatever reason, Landlord shall not be in default under this Lease, nor shall this Lease be void, voidable or cancelable by Tenant until the lapse of one hundred twenty days after the Intended Commencement date (the "delivery grace period"); however, the Lease Commencement Date shall not be deemed to have occurred until such date as Landlord notifies Tenant that the Leased Premises are in the agreed condition and are Ready for Occupancy. Additionally, the delivery grace period above set forth shall be extended for such number of days as Landlord may be delayed in making the agreed improvements and/or delivering possession of the Leased Premises to Tenant on by reason of Force Majeure or the Commencement Dateactions of Tenant. If Landlord is unable to deliver possession of the Leased Premises in the agreed condition to Tenant within the described delivery grace period (including any extensions thereof by reason of Force Majeure or the actions of Tenant), then Tenant's sole remedy shall be to cancel and terminate this Lease will not be void or voidableLease, and in no event shall Landlord will not be liable in damages to Tenant for any resulting loss or damage and the Term of such delay. Tenant may not cancel this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days at any time after the Commencement Date date Landlord notifies Tenant that the Leased Premises have been put into the agreed condition and are Ready for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestOccupancy.

Delivery of Possession. Landlord shall be deemed use best efforts to have deliver possession of the Premises to Tenant with Landlord’s Work complete and in turnkey condition such that Tenant is able to obtain permits for Tenant’s Work without further action by Landlord (“Turnkey Condition” as described in Exhibit E”). If despite using reasonable efforts, Landlord is unable to deliver possession of the Premises to Tenant in the Turnkey Condition on or before the Estimated Delivery Date, Landlord may extend the Estimated Delivery Date by up to ninety (90) days upon written notice to Tenant provided such notice is given at least sixty (60) days prior to the Estimated Delivery Date. If possession of the Premises has not been delivered to Tenant in the Turnkey Condition by the Estimated Delivery Date plus any applicable extensions for any reason whatsoever other than a Tenant Delay, then (a) Landlord shall, promptly after demand therefor, reimburse Tenant for its Holdover Costs, and (b) Tenant shall receive one (1) day of free Rent for each day after the Estimated Delivery Date plus any applicable extensions that Landlord has not delivered possession in the Turnkey Condition. Anything in this Lease to the contrary notwithstanding, if Landlord has not delivered possession of the Premises to Tenant in the Turnkey Condition on or before September 1, 2018, then Tenant may terminate this Lease by written notice to Landlord and this Lease shall terminate as of the Commencement date of such notice. As used herein, “Holdover Costs” shall mean those amounts charged to Tenant by its prior landlord for holding over in their then existing leased premises (the “Prior Lease”) in excess of the rent and other charges payable by Tenant under the Prior Lease for the period immediately prior to the Holdover Date, as it may be adjusted pursuant established by documentation reasonably acceptable to Landlord. Both parties wish to amend this Section to state the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's request.following:

Delivery of Possession. If Landlord shall be deemed unable to have delivered give possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than Landlord shall not be subject to any liability for failure to give possession and except as may be otherwise expressly provided in the Workletter, the Commencement Date shall not be delayed or postponed. Except as otherwise expressly provided in the Workletter, such failure to give possession on the Commencement Date shall not affect the validity of this lease or otherwise affect the obligations of Tenant hereunder, nor shall the same be construed to extend the Term. The Premises shall not be deemed incomplete or unavailable for Tenant's possession, and the Commencement Date shall not be delayed, if any work for which Tenant is responsible under this lease (including without limitation the Workletter) is not complete. The Premises shall also not be deemed incomplete or unavailable for Tenant's possession, and the Commencement Date shall not be delayed, if there is a Tenant Delay Caused by Tenant, (as defined in the Workletter, Tenant) or if, as its sole remedyto any work for which Landlord is responsible under this lease (including without limitation the Workletter), shall have the right only minor or insubstantial details of construction, decoration or mechanical adjustments remain to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately be completed, within fifteen or if there is a delay in any such work for which Landlord is responsible due to special work, changes, alterations or additions required or made by Tenant in the Premises, or which is caused in whole or in part by Tenant through the delay of Tenant in hiring or completing contracts with architects, engineers, contractors, material suppliers or others, submitting plans, supplying information, approving plans, specifications or estimates, giving authorizations or otherwise, or which is caused in whole or in part by delay or default on the part of Tenant or any other reason set forth in the Workletter. In the event of any dispute as to whether any work for which Landlord is responsible under this lease (15) days including without limitation the Workletter)has been completed, the decision of LandlordTenant's requestarchitect shall be final and binding on the parties.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Leased Premises "on or before the intended Commencement Date (as is" set forth in its present condition on Article 1) with all improvements to lie constructed by Landlord under Exhibit “C” substantially completed and ready for occupancy; provided that the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness delivery of possession of the Leased Premises for and the conduct acceptance of the same by Tenant shall not waive or prejudice Tenant's business ’s rights with respect to (a) any punchlist items or for (b) any other purpose, nor has Landlord or its agents or employees agreed to undertake items covered by any alterations or construct any Tenant improvements to the Premises except as expressly provided warranties contained in this Lease and the Workletter. If for any reason or construction contracts if Landlord cannot is unable to so deliver possession of the Leased Premises to Tenant in the agreed condition on or before the Intended Commencement Date, for whatever reason, Landlord shall not be in default under this Lease, nor shall this Lease will be void, voidable or cancelable by tenant until the lapse of one hundred twenty days alter the Intended Commencement date (the “delivery grace period”); however, the Lease Commencement Date shall not be void deemed to have occurred until such date as Landlord notifies Tenant that file Leased Premises are in the agreed condition and are Ready for Occupancy. Additionally, the delivery grace period above set forth shall be extended for such number of days as Landlord may be delayed in making the agreed improvements and/or delivering possession of the Leased Premises to Tenant by reason of Force Xxxxxx or voidablethe actions of Tenant. If Landlord is unable to deliver possession of the Leased Premises in the agreed condition to Tenant within the described delivery grace period (including any extensions thereof by reason of Force Xxxxxx or the actions of Tenant), then Tenant’s sole remedy shall be to cancel and terminate this Lease, and in no event shall Landlord will not be liable in damages to Tenant for any resulting loss or damage and the Term of such delay. Tenant may not cancel this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days at any time after the Commencement Date date Landlord notifies Tenant that the Leased Premises have been put into (the agreed condition and are Ready for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestOccupancy.

Delivery of Possession. Landlord shall be deemed agrees to have delivered deliver possession of the Premises to Tenant on when the Commencement Date, as it may be adjusted pursuant to the WorkletterTenant Improvements have been substantially completed in accordance with Section 5(b) above. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed The parties estimate that Landlord delivered to Tenant will deliver possession of the Premises "as is" to Tenant and the Term of this Lease will commence on or before the Estimated Commencement Date set forth in the Basic Lease Information. Landlord shall use its present condition commercially reasonable efforts to cause the Premises to be substantially completed on or before the Estimated Commencement Date. Tenant acknowledges agrees that neither if Landlord nor its agents or employees have made any representations or warranties as is unable to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on or prior to the Estimated Commencement DateDate specified in the Basic Lease Information, this the Lease will shall not be void or voidable, nor shall Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstandingresulting therefrom; provided, however, if Landlord fails is unable to deliver possession of the Premises to Tenant within sixty (60) days after on or prior to the Estimated Commencement Date for reasons other than as a result of any Delays, then, as Tenant’s sole remedy, the Commencement Date and the expiration date of the Term shall each be extended one (1) day for each day Landlord is delayed in delivering possession of the Premises to Tenant. If for any reason other than a Delay Caused by Tenant, as defined in Tenant takes possession of the WorkletterPremises prior to substantial completion, Tenant, ’s obligation to pay rent shall commence upon the date Tenant takes possession of the Premises and Tenant shall indemnify and hold Landlord harmless from any liability as its sole remedy, shall have a result of Tenant’s early occupancy of the right to terminate this Lease and receive a refund Premises. Landlord’s determination of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate shall be final and binding on all parties for all purposes hereof, including, without limitation, determination of the date of commencement of the Lease Term and of Tenant’s obligation to pay rent hereunder. The Commencement Date shall be confirmed by the Notice of Commencement Date attached to this the Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's request“G”.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Leased Premises "on or before the Intended Commencement Date (as is" set forth in its present Article 1) in their presently existing condition, broom clean, unless Landlord shall have agreed, as a condition on to Tenant's obligation to accept possession of the Commencement Date. Tenant acknowledges that neither Landlord nor its agents Leased Premises pursuant to a written Exhibit or employees have Addenda attached to and made any representations a part of this Lease, to modify existing interior improvements or warranties as to make, construct and/or install additional specified improvements within the Leased Premises or to the suitability or fitness Outside Areas, in which case Landlord shall deliver to Tenant possession of the Leased Premises for on or before the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except Intended Commencement Date as expressly provided in this Lease and the Workletterso modified and/or improved. If for any reason Landlord cannot is unable to so deliver possession of the Leased Premises to Tenant in the agreed condition on or before the Intended Commencement Date, this Lease will not be void or voidablefor whatever reason, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended in default under this Lease, nor shall this Lease be void, voidable or cancellable by a delayed delivery Tenant until the lapse of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Intended Commencement Date for any reason other than a Delay Caused by Tenant(the "delivery grace period"); however, the Lease Commencement Date shall not be deemed to have occurred until such date as defined Landlord notifies Tenant that the Leased Premises are in the Workletteragreed condition and are Ready for Occupancy. Additionally, the delivery grace period above set forth shall be extended for thirty (30) additional days as Landlord may be delayed in making the agreed improvements and/or delivering possession of the Leased Premises to Tenant by reason of Force Majerue or the actions of Tenant. If Landlord is unable to deliver possession of the Leased Premises in the agreed condition to Tenant within the described delivery grace period (including any extensions thereof by reason of Force Majeure or the actions of Tenant), as its then Tenant's sole remedy, remedy shall have the right be to cancel and terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided in no event shall Landlord be liable in damages to Tenant gives written notice of termination to Landlord within three (3) days after that datefor such delay. Tenant will execute the Commencement Date Certificate attached to may not cancel this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestat any time after the date Landlord notifies Tenant that the Leased Premises have been put into the agreed condition and are Ready for Occupancy.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement DateDate & Term. Tenant acknowledges that neither Landlord nor its agents or employees have made as of Expansion Space B is presently leased and occupied by Adobe Systems Inc. Notwithstanding any representations or warranties as provision of the Lease to the suitability or fitness contrary, Landlord shall deliver possession of Expansion Space B to Tenant within five (5) days after the Expansion Space B is vacated and surrendered by Adobe Systems, Inc. for purposes of any design and construction desired by Tenant in Expansion Space B (the "Delivery Date"). Upon such delivery, Expansion Space B becomes a part of the Premises for Demised Premises, upon and subject to all of the conduct terms, covenants and conditions of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises Lease except as expressly provided in this Lease and the Workletterherein. If for any reason Landlord cannot deliver possession The term of the Premises to Tenant on lease of Expansion Space B (the "Space B Term") shall commence (the "Space B Commencement Date, this Lease will not be void " or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and "SBCD") upon the Term later of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within (a) sixty (60) days after the Commencement Delivery Date or (b) November 1, 1999, and shall continue for a term of sixty (60) months thereafter. If Landlord does not obtain and tender possession of Expansion Space B by reason of the following: (i) the holding over or retention of possession of any tenant, tenants, or occupants, or (ii) for any reason other reason, then Landlord shall not be subject to any liability for the failure to give possession on said date, provided that if possession of Expansion Space B is not delivered to Tenant by September 15, 1999, this Amendment shall terminate, at Tenant's option, by written notice to Landlord no later than a Delay Caused by TenantSeptember 21, 1999, except for those provisions which expressly survive such termination. Except as provided in the immediately preceding sentence, no such failure to give possession shall affect the validity of the Lease, as defined in amended, or the Workletter, Tenant, as its sole remedy, shall have obligations of the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three hereunder. Within thirty (330) days after that following the occurrence of the SBCD, Landlord and Tenant shall enter into an agreement (which is attached hereto as Exhibit B) confirming such date. If Tenant will execute fails to enter into such agreement, then the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestSBCD shall be the date designated by Landlord in such agreement.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Premises "at such time as is" the Tenant Improvements are Substantially Completed (as defined in its present condition Section 7 of the Work Letter) on or before the Commencement Anticipated Delivery Date. Tenant acknowledges that neither If Landlord nor its agents or employees have made any representations or warranties as is unable to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot so deliver possession of the Premises to Tenant in the agreed condition on or before the Commencement Anticipated Delivery Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended in default under this Lease, nor shall this Lease be void, voidable or cancelable by a delayed delivery Tenant until the lapse of possession. The preceding sentence notwithstandingninety (90) days after the Anticipated Delivery Date (the “Delivery Grace Period”); provided, if however, Tenant shall be entitled to one (1) day of abatement of Base Rent for each day Landlord fails to deliver the Premises after the Delivery Grace Period until delivery occurs or the Lease is terminated, as set forth herein. Additionally, the Delivery Grace Period shall be extended for such number of days as Landlord may be delayed in delivering possession of the Premises to Tenant by reason of Force Majeure (as defined below) or Tenant Delay (as defined in the Work Letter). If Landlord is unable to deliver possession of the Premises in the agreed condition to Tenant within the described Delivery Grace Period (as the same may be extended), then Tenant’s sole remedy shall be to terminate this Lease by written notice delivered to Landlord within ten (10) days after the expiration of the Delivery Grace Period (as extended, if applicable), and in no event shall Landlord be liable in damages to Tenant for such delay or failure to deliver the Premises. In the event that Tenant delivers a notice of termination due to the failure to deliver the Premises, then Landlord shall have thirty (30) days to either: (a) Substantially Complete the Tenant Improvements and deliver the Premises to Tenant, in which case the termination notice shall be null and void; or (b) deliver to Tenant a notice of delay and extension of the Delivery Grace Period due to Force Majeure or Tenant Delay as set forth herein, in which case the Delivery Grace Period shall be extended for the period of time set forth in Landlord’s response and this process shall repeat after the expiration thereof. If Tenant does not terminate the Lease as set forth above, then the abatement of Base Rent due to Landlord’s delay in delivery shall be limited to sixty (60) days days. If Landlord fails to respond within such thirty-day period, then the Lease shall be deemed terminated on such thirtieth day after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right ’s notice to terminate. Tenant may not terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided at any time after the date Landlord notifies Tenant gives written that the Tenant Improvements have been Substantially Completed, unless Landlord’s notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestis not given in good faith.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter4.1. If for any reason Landlord candoes not deliver possession of the Premises to Tenant on the Commencement Date, this Lease will Landlord shall not be void or voidablesubject to any liability for such failure, Landlord will the Expiration Date shall not be liable to Tenant for any resulting loss or damage and change, the Term validity of this Lease shall not be extended by a delayed impaired, this Lease shall be neither void nor voidable, but Rent shall be abated until delivery of possession. 4.2. The preceding sentence notwithstandingIf Landlord permits Tenant to enter into possession of the Premises before the Commencement Date, if Landlord fails such possession shall be subject to deliver possession the provisions of this Lease, including, without limitation, the payment of Rent. 4.3. If the delay in delivery of the Premises is the result of Tenant's delay, the Commencement Date shall not be delayed by the number of days of such Tenant delay and, for purposes of Tenant's obligation to pay rent, the Commencement Date shall be deemed to have occurred on the date that the Premises would have been ready for occupancy but for the Tenant within sixty (60) days after delay. In the event Tenant requests not to initially improve certain areas of the Premises, the Commencement Date for any reason other than a Delay Caused by Tenantthose areas will be the same as the improved Premises. 4.4. On the Commencement Date, as defined the roof, plumbing, fire sprinkler system, lighting, heating ventilation and air conditioning systems and electrical systems in the WorkletterPremises will be in good operating condition. Landlord will rectify any non-compliance with such warranty at Landlord's sole expense and not as an Operating Expense. 4.5. This Lease shall not commence until the Tenant Improvements have been substantially completed and an occupancy permit has been issued. 4.6. Except as otherwise set forth in this Lease, Tenant's occupancy of the Premises conclusively establishes that Landlord completed improvements, as its sole remedyif any, shall have the right in a manner satisfactory to terminate Tenant and constitutes Tenant's waiver and release of any and all rights, benefits, claims or warranties available to Tenant under this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit ELease, appropriately completed, within fifteen (15) days of Landlord's requestat law or in equity in connection with such improvements.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord candoes not deliver possession of the Premises to Tenant on the Commencement Date, Landlord shall not be subject to any liability for such failure, the Expiration Date shall not change and the validity of this Lease will shall not be void impaired, but Rent shall be abated until delivery of possession. "Delivery of possession" shall be deemed to occur on the date Landlord substantially completes Landlord's Work as defined in Exhibit "D" of such date as such Landlord's Work would have been substantially completed had Tenant or voidableits agents, employees, contractors or authorized representatives not caused any delay in the substantial completion of such Work. It is the intent of the parties that subject to any delays attributed to the Tenant and/or respective applicable governmental entities, the Landlord's Tenant improvement work will be substantially completed (the "Estimated Substantial Completion Date") as defined in Exhibit "D". If Landlord will shall be delayed at any time in the progress of the construction of the Tenant Improvements by extra work, changes in construction ordered by Tenant, or by strikes, lockouts, fire, delay in transportation, unavoidable casualties, rain or weather conditions, or by any other cause beyond Landlord's reasonable control, then the Estimated Substantial Completion Date shall be extended by the period of such delay. Notwithstanding the above, and subject to any qualifying provisions in the Lease, and or delays caused by either the Tenant and/or governing regulatory agencies, in the event Landlord's portion of the Tenant Improvements are not substantially completed by the Estimated Substantial Completion Date as the same may be adjusted pursuant to the terms hereof, the Lease shall not be invalid, but rather Landlord shall substantially complete the Tenant Improvements as soon thereafter as is possible and Landlord shall not be liable to Tenant for damages in any resulting loss or damage and respect whatsoever except as may be provided herein. The existence of "punch list items" shall not delay substantial completion of the Term Tenant Improvements for the purposes of Article 4 of this Lease. Additionally, and through no fault of the parties, should the respective applicable governmental entities cause any delays for any reason that in any way affect the ability of either party and their respective consultants to perform in accordance with the provisions stipulated herein, then the delivery provisions as stated in the Lease shall not be extended adjusted forward for each day the agency(s) may cause a delay. There shall be no abatement of rent due to delays caused by a delayed delivery of possession. The preceding sentence notwithstandingthe Tenant, if Landlord fails permits Tenant to deliver enter into possession to Tenant within sixty (60) days after of the Premises before the Commencement Date for any reason other than a Delay Caused by TenantDate, as defined in such possession shall be subject to the Workletterprovisions of this Lease, Tenantincluding, as its sole remedywithout limitation, shall have the right to terminate this Lease and receive a refund payment of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestRent.

Delivery of Possession. If Landlord shall be deemed shall, for any reason (including, without limitation, failure to have delivered possession of complete the Premises to Tenant on the Commencement Datework, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements if any, required to be constructed or installed done by Landlord according to the Workletter. If no Workletter is attached to under this Lease), it shall be deemed that Landlord delivered fail to make available to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. or before January 1, 2000, Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this the Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within upon three (3) days prior written notice. However, there shall be no termination right (and the only remedy available to Tenant shall be a deferral of Tenant's obligation to pay Base Rent and Additional Rent until Tenant is provided occupancy of the Premises), if any such failure is caused in whole or part by any act or omission of Tenant, its agents, servants, employees or contractors, which has the effect of hindering or delaying Landlord's delivery of possession or the timely completion of any work to be done by Landlord (hereinafter a "Tenant Delay") including, without limitation, (i) any delay in delivery of the Tenant Layout Plans, (ii) any delay which is caused by changes in the work to be performed by Landlord in readying the Premises for Tenant's occupancy, which changes are requested by Tenant after that dateTenant's submission of the Tenant Layout Plans as required by Landlord for approval thereof, (iii) any delay, not caused by Landlord, in furnishing materials or procuring labor required to be furnished or procured for the Tenant Work on account of installations or work required by Tenant and not encompassed within Standard Tenant Work, (iv) any delay which is caused by any failure by Tenant, without regard to any grace period applicable thereto, to furnish to Landlord any required plan, information, approval or consent within the period of time required therefor by the terms of this Lease or caused by any good faith reluctance on the part of Landlord to approve any plan or other information required to be submitted by Tenant and approved by Landlord, (v) any delay which is caused by the performance of any work or activity in the Premises by Tenant or any of its employees, agents or contractors, or (vi) any delay or failure to pay the Tenant Improvement Costs or the Special Tenant Costs. Tenant will execute the Commencement Date Certificate attached also shall pay to this Lease as Exhibit E, appropriately completedLandlord, within fifteen (15) ten days after receipt of Landlord's requestdemand made from time to time, a sum equal to any additional cost to Landlord in completing the Tenant Work resulting from any Tenant Delay.

Delivery of Possession. Landlord (a) Delivery of Possession" of the Premises shall be deemed to have delivered possession of the Premises to Tenant occur on the date of Substantial Completion of Landlord's Work and Landlord's notification to School in writing that School may take possession. Delivery of Possession shall occur on or about the Scheduled Term Commencement Date, as it may be adjusted pursuant to and not later than the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Outside Term Commencement Date. Tenant acknowledges that neither . (b) If Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord candoes not deliver possession of the Premises to Tenant School on or before the Outside Term Commencement Date, this Lease will not be void unless such failure is due to an Event of Default by School, or voidableForce Majeure, Landlord will not shall be liable subject to Tenant liability for any resulting loss or damage such failure, and the Term Commencement Date shall be extended one (1) day for each day of this delay, but the expiration date of the Lease Term shall not be extended extended. Further, since the actual damages which School would sustain due to such a delay would be difficult to calculate, the parties agree that liquidated damages equal to two (2) days of Base Rent abatement for each day of delay would be a reasonable approximation of such damages. Provided further, School may terminate this Lease if Delivery of Possession of the Premises does not occur within thirty (30) days of the Outside Term Commencement Date by a delayed delivery of possession. The preceding sentence notwithstanding, if providing written notice thereof to Landlord fails to deliver possession to Tenant within sixty not later than thirty-five (6035) days after the Outside Term Commencement Date Date. In such event, all Prepaid Rent, the Security Deposit and any payments by School for any reason other than a Delay Caused by Tenant, as defined in Change Orders shall be returned to School and the Workletter, Tenant, as its sole remedy, parties shall have no further obligations under the right to terminate terms of this Lease and receive a refund Lease, except for those matters which specifically survive termination. (c) Landlord warrants that as of the Term Commencement Date, the Premises comply or will comply with all prepaid Rent and Security Deposits provided Tenant gives written notice Requirements of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit ELaw, appropriately completed, within fifteen (15) days of Landlord's requestincluding applicable Educational Occupancy Standards.

Delivery of Possession. Landlord shall deliver the Premises to Tenant in Delivery Condition (as defined in Paragraph 4.a. below) on or before the scheduled Commencement Date in Paragraph 2.b. above (with the date Landlord actually delivers the Premises to Tenant in Delivery Condition being referred to below as the “Delivery Date”). Notwithstanding the foregoing, except as otherwise expressly provided below, in the event of any delay in the delivery of the Premises to Tenant in Delivery Condition on or before the scheduled Commencement Date, this Lease shall not be deemed void or voidable, nor shall Landlord be liable to have delivered Tenant for any loss or damage resulting therefrom, but Landlord shall use commercially reasonable and diligent efforts to deliver the Premises to Tenant in Delivery Condition as soon as reasonably possible following the scheduled Commencement Date and the Commencement Date shall be modified to be the date Landlord so delivers possession of the Premises to Tenant on in Delivery Condition and the Rent Commencement Date (and rent payment periods) and Expiration Date shall be proportionately adjusted to reflect the modification of the Commencement Date, and the parties shall execute an amendment to this Lease confirming such modifications. Notwithstanding the foregoing, if the Delivery Date has not occurred on or before the date fifteen (15) days following the scheduled Commencement Date (the “Rent Abatement Trigger Date”) (which Rent Abatement Trigger Date shall be extended by the length of any delay in the Delivery Date that results from Force Majeure, as it defined beow), then, as Tenant’s sole remedy, commencing on the date payments of Monthly Rent commence under Paragraphs 2.c. and 5 hereof, Tenant shall receive one (1) day of Monthly Rent abatement for each day beyond the Rent Abatement Trigger Date (as the same may be adjusted have been extended pursuant to the Workletterforegoing) that the Delivery Date did not occur. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according Further, notwithstanding anything to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstandingcontrary above, if Landlord fails to deliver possession to Tenant within the Delivery Date has not occurred by the date that is sixty (60) days after the scheduled Commencement Date for (the “Termination Trigger Date”) (which Termination Trigger Date shall be extended by the length of any reason other than a Delay Caused by Tenant, as defined delay in the WorkletterDelivery Date that results from Force Majeure, provided that extensions of the Termination Trigger Date on account of Force Majeure may not exceed ninety (90) days), Tenant, as its Tenant’s sole remedy, shall have the right may notify Landlord in writing that Tenant elects to terminate this Lease and receive a refund effective as of all prepaid Rent and Security Deposits provided Tenant gives the date ten (10) Business Days following the date of such written notice notice, and, if the Delivery Date does not occur on or before the end of termination to Landlord within three such ten (310) days after that date. Tenant will execute the Commencement Date Certificate attached to Business Day period, this Lease as Exhibit Eshall terminate; provided, appropriately completedhowever, within fifteen (15) days of Landlord's requestif Tenant does not terminate the Lease pursuant to the foregoing, Tenant shall still be entitled to obtain the rent credit provided for above in this grammatical paragraph.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the any improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is Work Letter attached to this Lease, it shall be deemed that Lease as Exhibit B (such improvements described herein and in the Work Letter as the "Work" or "Tenant Improvements"). If Landlord delivered is unable to Tenant deliver possession of the Premises "or substantial completion of the Work is delayed due to any circumstances besides a Tenant Delay (as is" defined in its present condition the Work Letter), this Lease shall not be void or voidable and Landlord shall not be liable to Tenant for any resultant loss or damage; however, in such event the Commencement Date will be deferred until the Work is substantially complete and Landlord is able to deliver possession of the Premises to Tenant and the Expiration Date will be deferred for an equal amount of time. Substantial completion of the Work will include a final inspection by the City of Warrenville and the oral or written approval by such City for occupancy of the Premises. However, if the Expiration Date, as so extended, falls on other than the last day of a month, then the Expiration Date will be further extended to fall on the last day of such month. If Landlord's delay in delivering possession of the Premises or substantial completion of the Work is the result of a Tenant Delay, this Lease and Tenant's obligations hereunder shall be deemed to have become effective as of the scheduled Commencement Date, and there will be no deferral of the Commencement Date or Expiration Date. The Work shall be deemed substantially complete when the Work is completed except for Punch List items, as that term is defined in the Work Letter. Tenant and Landlord shall execute the Commencement Date Certificate attached to this Lease as Exhibit C within fifteen (15) days of Landlord's request. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestWork Letter.

Delivery of Possession. Landlord Delivery of possession shall be deemed to have delivered possession of the Premises to Tenant occur on the Commencement Date, Date as it may be adjusted pursuant to the Workletterset forth in Section 2.3. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to of this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord candoes not deliver possession of the Premises to Tenant on the Commencement Date, this Lease will and such failure is not caused by an act or omission of Tenant, the Expiration Date shall be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage extended by the number of days the Commencement Date has been delayed and the Term validity of this Lease shall not be extended by a delayed impaired nor shall Landlord be subject to any liability for such failure; but Rent shall be abated until delivery of possession. The preceding sentence notwithstandingProvided, however, if the Commencement Date has been delayed by an act or omission of Tenant then Rent shall not be abated until delivery of possession and the Expiration Date shall not be extended. If Landlord permits Tenant to enter into possession of the Premises before the Commencement Date, such possession shall be subject to the provisions of this Lease, including, without limitation, the payment of Rent. In the event Tenant fails to deliver take possession of the Premises following execution of this Lease, Tenant shall reimburse Landlord promptly upon demand for all costs incurred by Landlord in connection with entering into this Lease including, but not limited to, broker fees and commissions, sums paid for the preparation of a floor and/or space plan for the Premises, costs incurred in performing Landlord’s Work pursuant to Tenant within sixty Exhibit “D”, loss of rental income, attorneys’ fees and costs, and any other damages for breach of this Lease established by Landlord. Within ten (6010) days after completion of improvements to the Commencement Date for any reason Premises as set forth in Exhibit “D”. Landlord shall deliver to Tenant and Tenant shall execute an Acceptance of Premises in which Tenant shall certify, among other than a Delay Caused by things, that (a) Landlord has satisfactorily completed Landlord’s Work, if any, to the Premises pursuant to Exhibit “D”, unless written exception is set forth thereon, and (b) that Tenant accepts the Premises as improved. Tenant’s failure to execute and deliver the Acceptance of Premises shall be conclusive evidence, as against Tenant, as defined in that Landlord has satisfactorily completed Landlord’s Work to the Workletter, Tenant, as its sole remedy, shall have the right Premises pursuant to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's request“D”.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord candoes not deliver possession of the Premises to Tenant on the Commencement Date, this Lease will and such failure is not caused by an act or omission of Tenant, the Expiration Date shall be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage extended by the number of days the Commencement Date has been delayed and the Term validity of this Lease shall not be extended by a delayed impaired nor shall Landlord be subject to any liability for such failure; but Rent shall be abated until delivery of possession. The preceding sentence notwithstandingProvided, however, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused has been delayed by Tenantan act or omission of Tenant then Rent shall not be abated until delivery of possession and the Expiration Date shall not be extended. Delivery of possession shall be deemed to occur on the later of the execution of the Lease or November 1, as defined in 2002 If Landlord permits Tenant to enter into possession of the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute Premises before the Commencement Date Certificate attached Date, such possession shall be subject to the provisions of this Lease as Exhibit ELease, appropriately completedincluding, within fifteen without limitation, the payment of Rent (15unless otherwise agreed in writing). Within ten (10) days of delivery of possession Landlord shall deliver to Tenant and Tenant shall execute an Acceptance of Premises in which Tenant shall certify, among other things, that (a) Landlord has satisfactorily completed Landlord's request’s Work to the Premises pursuant to Exhibit “D”, unless written exception is set forth thereon, and (b) that Tenant accepts the Premises. Tenant’s failure to execute and deliver the Acceptance of Premises shall be conclusive evidence, as against Tenant, that Landlord has satisfactorily completed Landlord’s Work to the Premises pursuant to Exhibit “D”. In the event Tenant fails to take possession of the Premises following execution of this Lease, Tenant shall reimburse Landlord promptly upon demand for all costs incurred by Landlord in connection with entering into this Lease including, but not limited to, broker fees and commissions, sums paid for the preparation of a floor and/or space plan for the Premises, costs incurred in performing Landlord’s Work pursuant to Exhibit “D”, loss of rental income, attorneys’ fees and costs, and any other damages for breach of this Lease established by Landlord.

Delivery of Possession. Early Occupancy. Landlord shall be deemed deliver to have delivered Tenant, and Tenant shall accept, possession of the Leased Premises on the Delivery Date, in good, clean and working condition but otherwise in its then AS IS condition, subject only to: (a) Landlord’s completing, on or before the Lease Commencement Date, the Landlord’s Work described and defined in Paragraph 1 of the Work Letter attached as Exhibit D to and made a part of this Lease (the “Work Letter”), the terms and provisions of which are hereby incorporated into this Lease, (b) any costs associated with ADA code compliance for the Building exterior, including “path of travel” requirements to the Building and the Leased Premises, will be Landlord’s sole expense and not passed through to Tenant throughout the Lease Term (“Landlord’s ADA Work”), and (c) Landlord shall repair, at its sole cost and expense, after receipt of Tenant’s written notice thereof, which notice must be delivered to Landlord within the first thirty (30) days after delivery of the Leased Premises to Tenant with Landlord’s Work completed, any defects or deficiencies (including non-compliance with applicable laws) of the roof of the Building and the Building operating systems on Levels C and D (such as, without limitation, HVAC, plumbing, electrical and life safety) which are not in good working order and/or non-compliant with applicable laws. Notwithstanding the Commencement foregoing, and without in any way affecting the Delivery Date, as it may be adjusted pursuant to Landlord agrees that following the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to full execution of this Lease, it shall be deemed that Landlord delivered to and Tenant’s delivery of all required insurance information, Tenant possession of may enter the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Leased Premises for the conduct purpose of, and only for the purpose of, the planning and construction of the Tenant Improvements (as such term is defined in the Work Letter), and the installation of Tenant’s fixtures and equipment, all in furtherance of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any intended operations from the Leased Premises ("Early Occupancy"). While Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended required to pay Rent during the Early Occupancy, all other terms of this Lease, including, but not limited to Tenant’s obligations to carry all insurance required by the Lease, etc., shall be in effect during such Early Occupancy. It is acknowledged that the Early Occupancy may occur during a delayed delivery period that Landlord is performing the Landlord Work upon the Leased Premises, and Landlord and Tenant, and each of possession. The preceding sentence notwithstandingtheir employees, agents, contractors, consultants, workmen, mechanics, suppliers and invitees, shall cooperate reasonably to work in harmony with, and not unreasonably interfere with the work being performed by the other party; provided, however, that if Landlord fails to deliver possession to Tenant within sixty (60) days after in good faith determines that Tenant’s Early Occupancy is causing a delay in completion of the Commencement Date for any reason other than a Delay Caused by Landlord’s Work, Landlord may suspend or revoke Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the ’s Early Occupancy right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within upon three (3) days after that datebusiness days’ prior written notice to Tenant, and if by the end of such notice period Tenant ceases causing such delay, such suspension or revocation shall be deemed withdrawn. Landlord agrees to reasonably cooperate (at Tenant’s sole cost) with Tenant will execute as may be required in order for Tenant to obtain all permits and other approvals required by applicable governmental authorities in connection with the Commencement Date Certificate attached Tenant Improvements to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestbe constructed by Tenant.

Delivery of Possession. Landlord 6.1 The Seller shall be deemed to have delivered deliver legal (constructive) possession of the Premises Property Sold to Tenant the Buyer, where the Property Sold is free and clear, except for encumbrances and/or mortgages and/or pledges that may be registered, if and to the extent that same are registered, over the Land and/or the Property Sold, upon a written request by the Buyer as mentioned in Clause 10 below, and where the Buildings are in a physical condition that conforms with their condition at the time of signing of this Agreement, fair wear and tear resulting from reasonable use excepted, on the Commencement Datedate of substantive completion of the Sale Transaction (“Date of Delivery of Possession”), as it may be adjusted pursuant and the Buyer undertakes to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant accept legal (constructive) possession of the Premises "as is" in its present condition Property Sold, on the Commencement Date. Tenant acknowledges Date of Delivery of Possession, where the Property Sold is free and clear, except for encumbrances and/or mortgages and/or pledges that neither Landlord nor its agents or employees have made any representations or warranties as may be registered, if and to the suitability or fitness extent that same are registered, over the Land and/or the Property Sold, pursuant to a written request by the Buyer as referred to in Clause 10 below) and where the state of the Premises Buildings is as described above. 6.2 For the avoidance of doubt it is clarified that on the Date of Delivery of Possession, the Lease Agreement will come into force, the lease period in which the Seller will hire the Property Sold from the Buyer will commence, and the provisions of the Lease Agreement, will, inter alia, come into force, including the Seller’s obligations to pay the Buyer the rentals for the conduct of Tenant's business or for any other purposeProperty Sold, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to in accordance with the Premises except as expressly provided provisions in this regard in the Lease Agreement. 6.3 It is hereby clarified that by virtue of the fact that on the Date of Delivery of Possession of the Property Sold the Lease Agreement will come into force, all the electricity, water, telephone, communications, gas meters and similar appliances, will continue to be registered in the name of the Seller, and the Workletter. If for any reason Landlord cannot deliver possession Seller will continue to bear all the above mentioned payments, in accordance with all the provisions of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestAgreement.

Delivery of Possession. Landlord shall be deemed to have delivered possession of deliver the Leased Premises to Tenant with the Building Shell (as defined below) substantially complete on the Commencement Date, as it may be adjusted pursuant to the WorkletterEffective Date of this Lease. Landlord shall construct or install in complete the Premises the improvements to be constructed or installed by Landlord according electrical service identified as Item 4 on Schedule I to the WorkletterWork Letter (which shall not be deemed part of the Building Shell) within ninety (90) days after the Effective Date of this Lease. Tenant's obligation to pay Base Monthly Rent or Additional Rent shall not commence until the such electrical service is provided. If no Workletter Landlord is attached unable to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot so deliver possession of the Premises Building Shell to Tenant in the agreed condition on the Commencement Date, this Lease will not be void or voidabledates specified, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended in default under this Lease, nor shall this Lease be void, voidable or cancelable by a delayed delivery Tenant until the lapse of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Effective Date for any reason other than a Delay Caused by Tenant, as defined of this Lease (the "delivery grace period"). If Landlord is unable to deliver possession of the Leased Premises- in the Workletteragreed condition to Tenant within the described delivery grace period (including any extension thereof by reason of Force Majeure or the actions or inactions of Tenant), then Tenant, as its 's sole remedy, remedy shall have the right be to terminate this Lease Lease, and receive a refund of all prepaid Rent and Security Deposits provided in no event shall Landlord be liable in damages to Tenant gives written notice of termination to Landlord within three (3) days after that datefor such delay. Tenant will execute the Commencement Date Certificate attached to may not terminate this Lease as Exhibit Eat any time after the date Landlord notifies Tenant that the Leased Premises have been put into the agreed condition and are available for delivery to Tenant, appropriately completed, within fifteen (15) days of unless Landlord's requestnotice is not given in good faith.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement DateIf Landlord, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord whatsoever, cannot deliver possession of the Premises to Tenant on or before the Commencement Anticipated Delivery Date, this Lease will shall not be void or voidable, nor shall Landlord will not be liable to Tenant for any resulting loss or damage resulting therefrom, but the Delivery Date shall be delayed until the date Landlord delivers possession of the Premises to Tenant in the condition required by this Lease and the Term of this Lease shall Delivery Requirements are satisfied; provided, however, if the Delivery Date does not occur on or before the Anticipated Delivery Date as such date may be extended by a delayed delivery of possession. The preceding sentence notwithstandingForce Majeure (as defined below, if Landlord fails to deliver possession to Tenant within which extension shall not exceed sixty (60) additional days) (such date, as so extended, the “Credit Start Date”), then, Tenant shall receive a rent credit equal to one (1) day of Monthly Rent for each day during the period which commences on the first day following the Credit Start Date and ends on the Delivery Date; and provided further that if the Delivery Date does not occur on or before November 1, 2024, without regard to delays caused by Force Majeure (such date, the “Trigger Date”), then Tenant may terminate this Lease upon written notice to Landlord given at any time after the Trigger Date until the Delivery Date occurs; however, Xxxxxx’s termination notice shall be void and of no force or effect if the Delivery Date shall occur within five (5) business days after the Commencement Date for any reason other than Xxxxxxxx’s receipt of Tenant’s termination notice. The foregoing right of Tenant to receive a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right credit against Monthly Rent and/or to terminate this Lease and receive a refund shall be Tenant’s sole remedy for such delay in the Delivery Date. No delay in delivery of all prepaid Rent and Security Deposits provided Tenant gives written notice possession of termination the Premises shall operate to Landlord within three (3) days after that date. Tenant will execute extend the Commencement Date Certificate attached to term of this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestor amend Tenant’s obligations under this Lease.

Delivery of Possession. If Landlord shall be deemed is delayed in Landlord's ability to have delivered deliver possession of all or any portion of the Premises to Tenant as otherwise required herein whether because of strikes, labor difficulties, difficulties in obtaining materials, fire, governmental regulations, or any other circumstances beyond Landlord's reasonable control (including, without limitation, the failure of existing tenants to vacate), then such delay shall not constitute a breach or default on the Commencement Datepart of the Landlord under this Lease or give rise to any claims of damage or expenses of any kind against the Landlord by Tenant, as it may be adjusted pursuant either direct or consequential; provided that (a) Landlord shall proceed with reasonable diligence to deliver the Premises or any remaining portion thereof to the Workletter. Tenant and (b) if Landlord shall construct or install in the Premises the improvements is unable to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the entire Premises by January 1, 2001, then Tenant's sole and exclusive remedy at law and in equity shall be that the Term Commencement Date, the Term Expiration Date and schedule of Annual Base Rent shall be adjusted to reflect any such delay and (c) if Tenant elects to occupy a portion of the Premises and Landlord consents to such occupancy of a portion of the Premises (the "Partial Premises") (which consent shall not unreasonably be with held), Tenant shall occupy such Partial Premises on all of the terms and conditions of the Lease, except that, until the entire Premises is delivered to Tenant, (i) Tenant shall pay the Landlord Annual Base Rent based on the rate of $27.00 per square foot per year for the Partial Premises, (ii) Tenant's Proportionate Share of Real Estate Taxes and all other applicable Additional Rent shall be adjusted to reflect the area of the Partial Premises relative to the area of the entire Premises, (iii) Tenant's rights to use the Parking Areas and related access ways shall be in common with other occupants of the Building and limited to use of a proportionate share of the then existing parking spaces in the Parking Areas (such proportionate share reflecting the area of the Partial Premises relative to the area of the entire Premises) and (iv) Tenant's obligations with respect to the performance of maintenance and repairs shall be limited to the Partial Premises except to the extent that other maintenance or repairs to the Premises, other portions Building or the Property are required as a result of the acts or omissions of Tenant, its agents contractors or employees. Notwithstanding anything in the foregoing paragraph to the contrary, in the event Landlord is unable to deliver possession of the entire Premises to Tenant on the Commencement Dateby April 30, this Lease will not be void or voidable2001, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives by written notice of termination ("Termination Notice") to Landlord within three received on or after May 1, 2001 and prior to the earlier of (3a) days after that datethe date on which Landlord tenders possession of the entire Premises to Tenant or (b) May 8, 2001. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of The foregoing termination right shall be Tenant's sole and exclusive remedy for Landlord's requestfailure to timely deliver possession of the entire Premises.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter4.1. If for any reason Landlord candoes not deliver possession of the Premises to Tenant on the Commencement Date, this Lease will Landlord shall not be void or voidablesubject to any liability for such failure, Landlord will the Expiration Date shall not be liable to Tenant for any resulting loss or damage and change, the Term validity of this Lease shall not be extended by a delayed impaired, this Lease shall be neither void nor voidable, but Rent shall be abated until delivery of possession. 4.2. The preceding sentence notwithstandingIf Landlord permits Tenant to enter into possession of the Premises before the Commencement Date, if Landlord fails such possession shall be subject to deliver possession the provisions of this Lease, including, without limitation, the payment of Rent. 4.3. If the delay in delivery of the Premises is the result of Tenant's delay, the Commencement Date shall not be delayed by the number of days of such Tenant delay and, for purposes of Tenant's obligation to pay rent, the Commencement Date shall be deemed to have occurred on the date that the Premises would have been ready for occupancy but for the Tenant within sixty (60) days after delay. In the event Tenant requests not to initially improve certain areas of the Premises, the Commencement Date for those areas will be the same as the improved Premises. 4.4. Tenant's occupancy of the Premises conclusively establishes that Landlord completed improvements, if any, in a manner satisfactory to Tenant and constitutes Tenant's waiver and release of any reason other than a Delay Caused by Tenantand all rights, as defined benefits, claims or warranties available to Tenant under this Lease, at law or in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestequity in connection with such improvements.

Delivery of Possession. Landlord shall be deemed (1) If Sublessee is to seek to have delivered possession of any improvements performed in either the Premises Ground Floor Leased Area or the Second Floor Leased Areas (Sublessee shall have no right to Tenant on modify or otherwise alter the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord Xxxxxx Xxxxx Xxxxxx Xxxx xxx/xx xxx Xxxxxx Xxxxx Xxxxxx Xxxx) and if Sublessee shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails fail to deliver possession to Tenant within Sublessor a schedule of improvements, along with plans and specifications thereto (including projected costs) reasonably acceptable to Sublessor on or before sixty (60) days after following the execution of this Sublease, Sublessor, in its discretion, may terminate its obligations under this Sublease at any time. (2) Sublessor will deliver the Sublease Premises subject to all- applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Sublease Premises, and Sublessee accepts the Sublease Premises subject thereto. Sublessee shall accept the Sublease Premises in broom clean condition and otherwise "as is". Notwithstanding the foregoing, Sublessor represents and warrants to Tenant that, as of the Commencement Date for Date, the Sublease Premises, including any reason other than a Delay Caused improvements made by TenantMaster Lessor shall be operational as designed and Building services serving the Sublease Premises shall be operational as designed. If, as defined during the first sixty (60) days of the Term hereof, Sublessee notifies Sublessor of any defects in the Worklettercondition of the Sublease Premises, TenantSublessee shall have no obligation to repair such defects upon the expiration or earlier termination of this Sublease and Sublessor shall promptly notify Master Lessor, as its sole remedyif it is the responsibility of Master Lessor, or if the responsibility of Sublessor, shall have promptly commence the right repair of any such defect. Sublessor shall assign its rights or, alternatively, shall itself enforce such rights pursuant to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three any manufacturer or other warranty covering the Sublease Premises. (3) days after that date. Tenant will execute Sublessor and Sublessee shall conduct a walk-through inspection of the Sublease Premises prior to the Commencement Date Certificate attached Date, and if the building systems in the Sublease Premises are found not to this Lease as Exhibit Ebe in good and working condition, appropriately completeda "punchlist" shall be developed identifying those areas of repairs which are necessary to bring such building systems into good and working condition and Sublessor shall immediately notify Master Lessor of the need of such repairs, within fifteen unless the repairs are the responsibility of Sublessor, in which case Sublessor shall promptly commence such repair. Sublessor shall use its reasonable efforts if necessary to compel Master Lessor to make such repairs (15) days if such repairs are the obligation of Landlord's request.Master Lessor)

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Leased Premises "on or before the Intended Commencement Date (as is" set forth in its present Article 1) in their presently existing condition, broom clean, unless Landlord shall have agreed, as a condition on to Tenant's obligation to accept possession of the Commencement Date. Tenant acknowledges that neither Landlord nor its agents Leased Premises pursuant to a written Exhibit or employees have Addenda attached to and made any representations a part of this Lease, to modify existing interior improvements or warranties as to make, construct and/or install additional specified improvements within the Leased Premises or to the suitability or fitness Outside Areas and/or to construct the Leased Premises, in which case Landlord shall deliver to Tenant possession of the Leased Premises for on or before the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except Intended Commencement Date as expressly provided in this Lease and the Workletterso modified and/or improved. If for any reason Landlord cannot is unable to so deliver possession of the Leased Premises to Tenant in the agreed condition on or before the Intended Commencement Date, this Lease will not be void for whatever reason other than Landlord's failure to commence construction or voidablediligently pursue it to completion to the extent it is within Landlord's reasonable control to do so, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be in default under this Lease, nor shall this Lease be void, voidable or cancelable by Tenant until the lapse of one hundred twenty days after the Intended Commencement Date (the "delivery grace period"); however, the Lease Commencement Date shall not be deemed to have occurred until such date as Landlord notifies Tenant that the Leased Premises are in the agreed condition and are Ready for Occupancy. Additionally, the delivery grace period above set forth shall be extended for such number of days as Landlord may be delayed in making the agreed improvements and/or delivering possession of the Leased Premises to Tenant by a delayed delivery reason of possessionForce Majeure or the actions of Tenant. The preceding sentence notwithstanding, if If Landlord fails is unable to deliver possession of the Leased Premises in the agreed condition to Tenant (a) within sixty the described delivery grace period (60including any extensions thereof by reason of Force Majeure or the actions of Tenant) days after or (b) within twelve (12) months from the Intended Commencement Date for any reason other than a Delay Caused by Date, then Tenant, as defined in the Workletter, Tenant, as its 's sole remedy, remedy shall have the right be to cancel and terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives by providing Landlord written notice of termination such election to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, terminate within fifteen (15) days of such event, and in no event shall Landlord be liable in damages to Tenant for such delay. Tenant may not cancel this Lease at any time after the date Landlord notifies Tenant that the Leased Premises have been put into the agreed condition and are Ready for Occupancy unless Landlord's requestnotice is not given in good faith.

Delivery of Possession. Tenant shall accept possession of the Premises upon the Possession Date. As used herein, the term “Possession Date” means the later to occur of (i) the date Landlord shall be deemed to have delivered possession tenders notice of delivery of the Premises to Tenant on with Landlord’s Work substantially complete (“Delivery Notice”), or (ii) the Commencement Dateearlier to occur of (a) Tenant’s receipt of its Building Permits (as defined in Section 20.11), and (b) the expiration of the Building Permit Period (as it may defined in Section 20.11). The Delivery Notice shall be adjusted pursuant conclusive and binding upon the parties hereto. Notwithstanding the foregoing to the Worklettercontrary, if Landlord inadvertently fails to give Tenant the Delivery Notice prior to Tenant taking possession of the Premises, such notice shall be deemed given as of the date Tenant takes possession of the Premises. Landlord shall construct or install in the Premises the improvements not be obligated to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on until Landlord has received from Tenant all of the Commencement Datefollowing: (a) the Security Deposit and first monthly installment of Minimum Annual Rent and Tenant’s estimated share of Common Area Costs, this Lease will Taxes and Insurance for the first (1st) month of the Initial Term; (b) Final Plans (as defined in Exhibit C), if required by Landlord; (c) a copy of Tenant’s Building Permit, if applicable and if issued by such date; and (d) executed copies of policies of insurance or certificates thereof (as required under Article 13). If Landlord chooses not be void or voidable, Landlord will not be liable to deliver possession of the Premises to Tenant for any resulting loss because one or damage and more of the Term of this Lease above items are not received by Landlord, the Possession Date shall not be extended by a delayed delivery affected thereby and the Possession Date shall be deemed to have occurred on the date Landlord would have tendered possession of possession. The preceding sentence notwithstanding, the Premises if Landlord fails it were not for the failure to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestsuch item(s).

Delivery of Possession. On or before the Lease Commencement Date, Landlord, at its cost, shall have substantially completed the work, if any, required to be completed by Landlord prior to the delivery of the Premises to Tenant, as described in Exhibit ”C” to this Lease (the “Landlord’s Work”). For purposes of this Paragraph, the term “substantially complete” shall mean completed to such an extent that Tenant can commence its work, if any, to be undertaken by Tenant, as described in Exhibit ”C” to this Lease (the “Tenant’s Work”), without material delay or interference due to the completion of Landlord’s Work or if no such Tenant’s Work is to be undertaken, then such term shall mean completed to such an extent that the Landlord’s Work can be finally completed within 30 days and without material interference to Tenant’s occupancy and use of the Premises. If possession of the Premises (including, without limitation, substantial completion of the Landlord’s Work, if any) is not delivered to Tenant on or before the Lease Commencement Date stated in the Principal Lease Provisions, then Landlord shall not be liable for any damage caused by such delay, and such delay shall neither affect the validity of this Lease, affect Tenant’s obligations under this Lease, nor extend the Term. Tenant’s acceptance of possession of the Premises shall constitute Tenant’s acknowledgment that it has inspected the Premises, that Tenant accepts the Premises in its then “as is” condition, that the Premises comply with all applicable laws and ordinances, and that the Premises are in first-class condition and repair. Except for any items set forth on a written “punch-list” of excepted items delivered to Landlord upon the Lease Commencement Date, Tenant shall be deemed to have delivered possession (i) acknowledged that Landlord’s Work has been substantially completed, (ii) accepted the Premises in its then as-is condition with no right to require Landlord to perform any additional work therein, except as set forth on the punch list, and (iii) waived any express or implied warranties regarding the condition of the Premises to Tenant on the Commencement DatePremises, as it may be adjusted pursuant to the Workletter. Landlord shall construct including any implied warranties of fitness for a particular purpose or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestmerchantability.

Delivery of Possession. Landlord shall be deemed use reasonable efforts to complete Landlord's Initial Work as soon as reasonably possible after the execution of this Lease. Tenant shall have delivered possession of the right to enter upon and possess the Premises upon Landlord's completion of Landlord's Initial Work for the purpose of commencing Tenant's fixturizing, furniture and equipment installation in and to Tenant on the Premises and commencing business operations at the Premises. Such early entry shall not affect the Commencement Date; PROVIDED, HOWEVER, that if Landlord does not complete Landlord's Initial Work, as it may be adjusted pursuant to defined in Exhibit "C", by September 16, 1996, the WorkletterCommencement Date shall occur thirty (30) days after Landlord completes Landlord's Initial Work. Landlord shall construct use reasonable efforts to complete "Landlord's Additional Work" as defined in Exhibit "C" on or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on before the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord candoes not deliver possession of the Premises to Tenant on by September 16, 1996, or complete Landlord's Additional Work by the Commencement Date, this Lease will Landlord shall not be void or voidablesubject to any liability for such failure, Landlord will the Expiration Date shall not be liable to Tenant for any resulting loss or damage change and the Term validity of this Lease shall not be extended by a delayed delivery impaired. "Delivery of possession. The preceding sentence notwithstanding, if " shall be deemed to occur on the date Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, completes Landlord's Initial Work as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Exhibit "C." Any early possession by Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached pursuant to this Lease as Exhibit EArticle 4 shall be subject to the provisions of this Lease, appropriately completed, within fifteen (15) days other than the payment of Landlord's requestRent.

Delivery of Possession. Landlord shall be deemed agrees to deliver possession of the ---------------------- Premises to Tenant when the Preliminary Tenant Improvements have delivered been substantially completed in accordance with Subparagraph (b) above. The parties estimate that Landlord will deliver possession of the Premises to Tenant and the Term of this Lease will commence on or before the Scheduled Term Commencement Date, as it may be adjusted pursuant to Date set forth in the WorkletterBasic Lease Information section of the Lease. Landlord shall construct or install in agrees to use its commercially reasonable efforts to cause the Premises the improvements to be constructed substantially completed on or installed by Landlord according to before the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Scheduled Term Commencement Date. Tenant acknowledges agrees that neither if Landlord nor its agents or employees have made any representations or warranties as is unable to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on or prior to the Scheduled Term Commencement Date, this the Lease will not be void or voidable, nor will Landlord will not be liable to Tenant for any resulting loss or damage and resulting therefrom, nor will the expiration date of the Term be in any way extended, unless such late delivery is due solely to the gross negligence or willful misconduct of this Lease shall not be extended by a Landlord. If Landlord is delayed delivery in delivering possession of possession. The preceding sentence notwithstandingthe Premises due to Landlord's gross negligence or willful misconduct or due to any Force Majeure Delay(s), if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenantthen, as defined in the Workletter, Tenant, as its 's sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Term Commencement Date Certificate attached will be extended one (1) day for each day Landlord is delayed in delivering possession of the Premises to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestTenant.

Delivery of Possession. Landlord (a) Landlord, or Landlord's supervising architect, shall give Tenant at least thirty (30) days' prior written notice of the date on which Landlord's Work will be substantially completed in accordance with Exhibit C and the Leased Premises will be available for the performance of Tenant's Work (as defined in Section 3.3) to the extent that Tenant shall be deemed able to have delivered perform its work in the Leased Premises without substantial interference resulting from the conduct of Landlord's Work ("Delivery of Possession Date"). Tenant covenants and agrees to take physical possession of the Leased Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord Delivery of Possession Date provided that Landlord's Work is "substantially completed." The term "substantially complete" shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed mean that Landlord delivered to can give Tenant possession beneficial occupancy of the Leased Premises "as is" in its present condition on so that Tenant can begin the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct performance of Tenant's business Work in safety. Landlord and Tenant acknowledge that Landlord and Tenant will be working simultaneously to complete the Leased Premises and that Landlord will be continuing the completion of Landlord's Work during the thirty (30) day period after the Delivery of Possession Date. Landlord and Tenant agree to cooperate so as to avoid interference with each other so that Landlord's Work and Tenant's Work may be completed in a timely manner. The Delivery of Possession Date shall be subsequently confirmed by Landlord, or for any other purposeLandlord's supervising architect, nor has by written notice to Tenant. Failure of Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Leased Premises to Tenant on within the Commencement Date, time and in the condition provided for in this Lease will not be void give rise to any claim for damages by Tenant against Landlord or voidable, Landlord will not be liable permit Tenant to Tenant for any resulting loss rescind or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits except as may be provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestin Section 1.2 hereof.

Delivery of Possession. Landlord shall be deemed to have delivered possession of will deliver the Premises to Tenant on or before June 1, 2016, with Landlord’s work substantially completed as described in Exhibit “C”, in accordance with the Commencement Datespace plan layout (the “Plans”) attached hereto as Exhibit “C-l” and incorporated herein by this reference (subject to revisions as mutually agreed to in writing by Landlord and Tenant), as it may be adjusted pursuant to evidenced, if requested by Tenant, by the Workletter. Landlord shall construct certification of Landlord’s architect or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletterother designated engineering representative. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord whatsoever cannot deliver possession of the Premises to Tenant on the Commencement Dateor before such date as above specified, Landlord shall not be in default hereunder, this Lease will shall not be void or voidable, voidable nor shall Landlord will not be liable to Tenant for any resulting loss or damage and resulting therefrom; but in that event, except to the Term extent that any such delay(s) has been caused by Tenant or any of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstandingits agent(s), if Landlord fails to deliver possession to employee(s), contractor(s) or subcontractor(s) (“Tenant within sixty (60) days after Delay”, more than one, “Tenant Delays”), the Commencement Date for shall be adjusted to be the date when Landlord does in fact deliver possession of the Premises to Tenant. Tenant Delays shall include, without limitation, any reason other than change in the initially approved scope of work required by Tenant and selection by Tenant of any item included in the Plans, including, without limitation, partitioning, finishes, carpet or wall covering selection, and lighting or security system specifications, the ordering, production, shipping, availability, delivery or installation of which causes, creates or results in any delay in the performance of Landlord’s work or a delay in the delivery of possession of the Premises to Tenant. In the event of any Tenant Delays, any adjustment to the Commencement Date shall reflect, on a day-for-day basis, the total number of days of all such Tenant Delays such that the adjusted Commencement Date shall be the date that is the total number of Tenant Delay Caused by days prior to the date Landlord does in fact deliver possession of the Premises to Tenant. Notwithstanding the foregoing, in the event that Landlord has not delivered the Premises to Tenant on or before June 15, 2016, as defined above provided, Landlord will provide Tenant with temporary space of not less than 5,000 square feet either in the Workletter, Tenant, as its sole remedy, shall have Building or in another building owned by Landlord in the right Park (the “Temporary Space”) until such time that Landlord is able to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that dateso deliver the Premises. Tenant will execute accept such Temporary Space in its then current “as is” condition and shall be solely responsible for any and all costs related to the Commencement Date Certificate attached installation of its desired furniture, fixtures, cabling and equipment in said Temporary Space, as well as all costs related to the removal of same and the minor restoration of the Temporary Space to the condition same was in when received by Tenant. Other than rental, Tenant’s occupancy of the Temporary Space shall be governed by the applicable provisions of this Lease Lease. Further, during the entire period beginning with Landlord’s delivery of the Temporary Space until the date Tenant surrenders the Temporary Space as Exhibit Ebelow provided, appropriately completed, Tenant shall pay to Landlord rent on a per diem basis (within fifteen 10 days following Tenant’s receipt of Landlord’s invoice therefor) at the annual rate of $19.50 per rentable square foot of said Temporary Space. Tenant shall surrender the Temporary Space with its property removed and such space restored as above provided within seven (157) days of Landlord's requestfollowing the date Landlord so delivers the Premises.

Delivery of Possession. Landlord Possession of the Property shall be deemed delivered to have delivered Buyer effective as of the completion of the Closing, subject to the Permitted Exceptions; provided, however: (i) If there are any unharvested crops remaining on the Real Estate at the time of Closing, Buyer agrees to take possession subject to (and Buyer agrees to accommodate) the rights of Seller and/or any other person having an interest in such crops, including the right to enter upon the land to complete the harvest and remove the crops after Closing. Seller reserves all rights to any farm rent for the 2020 crop year. (ii) If this purchase includes any of Tracts 11, 20 and/or 36, Buyer agrees to acquire the Property and take possession subject to and notwithstanding any lease or other rights of any person in possession of any home on any of said tracts at the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Worklettertime of Closing. Landlord shall construct No representation or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter warranty is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability existence, status, or fitness nature of any such lease or other rights. Seller shall retain all rent collected prior to the Closing. (iii) If this purchase includes Tract 20 but does not include all of the Premises for Movable Tracts: (A) Buyer agrees to acquire the conduct Property and take possession at Closing subject to and notwithstanding the presence of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed Load- Out Property on Tract 20 at the time of Closing; and (B) Buyer agrees to undertake any alterations or construct any Tenant improvements to cooperate with and accommodate the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession rights of the Premises owner of the Load-Out Property, including the right to Tenant on enter upon Tract 20 to remove the Commencement DateLoad-Out Property; provided, this Lease will not be void or voidablehowever, Landlord will not be liable to Tenant for at any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days time after the Commencement Date for any reason other than a Delay Caused by Tenantlater of the Closing or the applicable Load-Out Deadline, as defined in the Workletter, Tenant, as its sole remedy, Buyer shall have the right to terminate this Lease enforce any right of ejectment and/or other lawful remedy with respect any remaining Load-Out Property vis-a- vis the owner(s) thereof. Seller shall have no obligation to Buyer with respect to any Load-Out Property and receive Seller shall not be responsible for enforcing the obligation of a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination third-party purchaser to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestremove any Load-Out Property.

Delivery of Possession. Punch List, and Acceptance Agreement: As soon as the Interior Improvements are Substantially Completed, Landlord and Tenant shall together walk through the Premises and inspect all Interior Improvements so completed, using reasonable efforts to discover all uncompleted or defective construction in the Interior Improvements. After such inspection has been completed, each party shall sign an acceptance agreement in the form attached to the Lease as Exhibit "D", which shall (i) include a list of all "punch list" items which the parties agree are to be corrected by Landlord and (ii) shall state the Commencement Date and the initial Ban Monthly Rent. As soon as such inspection has been completed and such acceptance agreement executed, Landlord shall be deemed to have delivered deliver possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the WorkletterTenant. Landlord shall construct or install in use reasonable efforts to complete and/or repair such "punch list" items within thirty (30) days after executing the Premises the improvements acceptance agreement. Landlord shall have no obligation to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on until such procedures regarding the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage preparation of a punch fist and the Term execution of this Lease the acceptance agreement have been completed. Tenant's taking possession of any part of the Premises shall not be extended deemed to be an acceptance by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestwork of improvement in such part as complete and in accordance with the tam of the Lease except for the punch fist item noted and latent defects that could not reasonable have been discovered by Tenant during its inspection of the Interior Improvements prior to completion of the acceptance agreement. Notwithstanding anything contained herein, Tenants obligation to pay the Base Monthly Rent and Additional Rent shall commence as provided in the Lease, regardless of whether Tenant completes such inspection or executes such acceptance agreement.

Delivery of Possession. Landlord shall be deemed agrees to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date; provided, however, Tenant agrees that if Landlord is unable to deliver possession of the Premises to Tenant on the Commencement Date due to Landlord's negligence or willful misconduct or due to any Force Majuere Delay(s) (as described in Paragraph 33 of this Lease), then this Lease will not be void or voidable, voidable and Landlord will not be liable to Tenant for any resulting loss or damage resulting therefrom, but the Commencement Date and the Term Expiration Date will be extended by the number of days Landlord is late in delivering the Premises to Tenant, and rent will not commence to accrue under this Lease until Landlord delivers the Premises to Tenant. Notwithstanding the foregoing, Landlord will not be obligated to deliver possession of the Premises to Tenant (but Tenant will be liable for rent if Landlord can otherwise deliver the Premises to Tenant) until Landlord has received from Tenant all of the following: (i) a copy of this Lease shall not be extended fully executed by a delayed delivery Tenant and the guaranty of possession. The preceding sentence notwithstandingTenant's obligations under this Lease, if Landlord fails to deliver possession to Tenant within sixty any, executed by the Guarantor(s); (60ii) days after the Commencement Date for any reason other than a Delay Caused by Tenant, Security Deposit and the first installment of Monthly Base Rent; (iii) executed copies of policies of insurance or certificates thereof as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate required under Paragraph 19 of this Lease and receive a refund Lease; (iv) copies of all prepaid Rent governmental permits and Security Deposits provided authorizations, if any, required in connection with Tenant's operation of its business within the Premises; and (v) if Tenant gives written notice is a corporation or partnership, such evidence of termination to due formation, valid existence and authority as Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit Emay reasonably require, appropriately completedwhich may include, within fifteen (15) days without limitation, a certificate of Landlord's requestgood standing, certificate of secretary, articles of incorporation, statement of partnership, or other similar documentation.

Delivery of Possession. Landlord (1) If for any reason Sublessor cannot deliver possession of the Phase I Premises by the Commencement Date, or possession of the Phase II Premises by the Phase II Delivery Date, Sublessor shall not be deemed subject to any liability therefore, nor shall such failure 1. affect the validity of this Sublease or the obligations of Sublessee hereunder or extend the term hereof, but in such case Sublessee shall not be obligated to pay rent until possession of the applicable portion of the Premises is tendered to Sublessee; provided, however, that if Sublessor shall not have delivered possession of the Premises to Tenant on within ninety (90) days after either the Commencement Date or the Phase II Delivery Date, as it may be adjusted pursuant applicable, Sublessee may, at Sublessee's option, by notice in writing to Sublessor within ten (10) days thereafter, cancel this Sublease, in which event the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it parties shall be deemed that Landlord delivered to Tenant possession discharged from all obligations hereunder. Notwithstanding the foregoing, Sublessee's cancellation of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties this Sublease as to the Phase II Premises shall not terminate this Sublease as to the Phase I Premises. (2) The Premises shall be delivered by Sublessor subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises, and Sublessee accepts the Premises subject thereto. Sublessee shall accept the Premises in "as-is" condition. Sublessor has made no representation or warranty as to the condition of the Premises, their compliance with existing federal, state or local laws, ordinances or regulations (including without limitation the Americans with Disabilities Act), or the suitability or fitness of the Premises for the conduct of TenantSublessee's business business. Sublessor shall have no obligation to improve, restore, repair, paint or for any other purposeclean the Premises. At the request of Sublessee, nor has Landlord or its agents or employees agreed Sublessor shall deliver to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession Sublessee a copy of the Premises to Tenant on closure report from the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term City of this Lease shall not be extended South San Francisco if such report has been received by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestSublessor.

Delivery of Possession. Except as hereinafter provided, Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant with Tenant Improvement Work substantially completed in accordance with the mutually agreed plans and specifications on or before the Commencement Datedate set forth in Section 1.01(J). The Premises shall be deemed as ready for Tenant's possession when Landlord shall have substantially completed construction of the Premises in accordance with Landlord's obligations set forth in Exhibit "C"/"D". Landlord shall, this Lease will not be void or voidablefrom time to time during the course of construction, Landlord will not be liable provide information to Tenant for any resulting loss or damage concerning the progress of construction of said Premises, and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession will give written notice to Tenant within sixty when said Premises are substantially completed. Within five (605) days after receipt of notice of substantial completion, representatives of Landlord and Tenant shall meet at the Premises to inspect the Premises and prepare a punchlist of items yet to be completed. At that time, Tenant may then take possession and commence installation of Tenant's fixtures and equipment and any other Tenant work subject to Landlord's obligation to complete such identified punchlist items. At the time Landlord substantially completes said punchlist items and obtains a temporary Certificate of Occupancy, Landlord shall deliver notice to Tenant and Delivery of Possession shall occur as of said date, and the Rental Commencement Date shall occur as of the date which is two (2) months after the Delivery of Possession date. Should, notwithstanding Landlord's completion of its construction obligations, the required Certificate of Occupancy be withheld due solely to the failure of Tenant to complete work for any reason other than which Tenant is responsible, then the date Delivery of Possession shall be the date Landlord substantially completes its punchlist items. It is agreed that by occupying the Premises as a Delay Caused tenant, Tenant formally accepts the same and acknowledges that the Premises are in the condition called for hereunder, except for items specifically excepted in writing at date of occupancy as "incomplete", or which could not have reasonably been discovered during the inspection (punchlist) referred to above and of which are brought to the attention of Landlord by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives 's written notice of termination to Landlord within three ninety (390) days after that date. Tenant will execute subsequent to Tenant's occupying the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestPremises.

Delivery of Possession. Landlord shall will be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletterworkletter. Landlord shall will construct or install in the Premises the improvements to be constructed construct or installed by Landlord according to the Workletterworkletter. If no Workletter workletter is attached to this Lease, it shall will be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises Prer for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletterworkletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, and Landlord will not be liable to Tenant for any resulting resultant loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that datedamage. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, E within fifteen (15) 15 days of Landlord's request.

Delivery of Possession. Landlord shall be deemed agrees to have delivered deliver possession of the Premises to Tenant on when the Commencement Date, as it may be adjusted pursuant to the WorkletterTenant Improvements have been substantially completed in accordance with Section (b) above. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed The parties estimate that Landlord delivered to Tenant will deliver possession of the Premises "as is" to Tenant and the Term of this Lease will commence on or before the Estimated Commencement Date set forth in Item 10 of the Basic Lease Provisions. Landlord shall use its present condition commercially reasonable efforts to cause the Premises to be substantially completed on or before the Estimated Commencement Date. Tenant acknowledges agrees that neither if Landlord nor its agents or employees have made any representations or warranties as is unable to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on or prior to the Estimated Commencement DateDate specified in Item 10 of the Basic Lease Provisions, this the Lease will shall not be void or voidable, nor shall Landlord will not be liable to Tenant for any resulting loss or damage and resulting therefrom, nor shall the expiration date of the Term be in any way extended, unless such late delivery is due solely to the gross negligence or willful misconduct of this Lease shall not be extended by a Landlord. If Landlord is delayed delivery in delivering possession of possession. The preceding sentence notwithstandingthe Premises due to Landlord’s gross negligence or willful misconduct or due to any Force Majeure Delay(s), if Landlord fails to deliver possession to Tenant within sixty (60) days after then, as Tenant’s sole remedy, the Commencement Date and the expiration date of the Term shall be extended one (1) day for any reason other than a Delay Caused by each day Landlord is delayed in delivering possession of the Premises to Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's request.

Delivery of Possession. Upon execution hereof, Landlord shall be deemed deliver the Premises in broom-clean condition, ready for any Tenant improvement work, free from Hazardous Materials (as defined in Section 6(c) below), in compliance with all applicable Laws (including without limitation the Americans with Disabilities Act and all related state and local access laws, regulations and requirements the “ADA”), in good condition and working order (including without limitation all Building systems), and with HVAC zones and capacity and electrical capacity that complies with the requirements of Exhibit “B” attached hereto. In the event that Landlord fails to have delivered deliver keys to and possession of the Premises to Tenant in accordance with the requirements imposed on Landlord pursuant to this Lease by the Commencement Date, as it may be adjusted pursuant to the Workletter. then Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered pay to Tenant all rent and costs incurred by Tenant (including without limitation holdover premiums and penalties) as a result of Landlord’s failure to timely deliver possession of the Premises "as is" in its present the condition on required under this Lease from the Commencement Date. Tenant acknowledges Date until the date that neither Landlord nor its agents or employees have made any representations or warranties as actually delivers keys to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on (the “Actual Delivery Date”). Landlord shall permit Tenant to access the Premises upon execution hereof for the purposes of making Tenant improvements, installing its furniture, fixtures and equipment, performing operational testing of equipment, general office use, manufacturing, warehousing and any other uses or operations relating to Tenant’s operations. Notwithstanding Tenant’s early possession, Tenant shall not have any obligation to pay Monthly Base Rent or Utilities Costs until the Commencement Date, this Lease will not be void or voidableat which time such obligations shall begin to accrue. Pending the delivery of possession of the Premises to Tenant, Landlord will shall not be liable materially modify the Premises except as necessary to Tenant for any resulting loss or damage bring the condition of the Premises in compliance with the requirements of Section 4(b) below and shall maintain same in substantially the Term condition that exists as of the date of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstandingLease, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease reasonable and receive a refund of all prepaid Rent ordinary wear and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requesttear excepted.

Delivery of Possession. Landlord shall will be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Premises "as is" “AS IS” in its present condition on the Commencement Date. Landlord shall have no obligation to perform any work, alterations or improvements to the Premises, except for the re-painting of the interior demising and partition walls of the Premises, which such work has been completed prior to the Commencement Date. The “AS IS” condition of the Premises shall include existing furniture and equipment located in the Premises, which Tenant shall be permitted to use during the Term, provided all such furniture and equipment delivered with the Premises shall remain the personal property of Landlord and shall be surrendered by Tenant to Landlord upon the expiration of the Term in substantially the same condition as exists on the Commencement Date, subject to normal wear and tear. Except as otherwise expressly set forth herein, Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises (including without limitation any utility systems serving the Premises) for the conduct of Tenant's ’s business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises Premises, Building or Project except as expressly provided in this Lease and the WorkletterLease. If for any reason Landlord cannot deliver possession of the Premises to Tenant on within twenty-one (21) days of the Commencement DateDate and/or has not completed the Landlord’s work described above, (i) this Lease will not be void or voidable, and Landlord will not be liable to Tenant for any resulting resultant loss or damage damage, and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60ii) days after the Commencement Date for any reason other than a Delay Caused by Tenantwill be extended until such time as Landlord is able to tender possession; provided that, as defined in after the Workletter, Tenant, as its sole remedy, shall have expiration of the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three twenty-one (321) days after that date. Tenant will execute day period following the Commencement Date Certificate attached Date, Tenant shall be afforded a rent abatement equal to this Lease as Exhibit E, appropriately completed, within fifteen (15) days one day for each day that accrues until Landlord delivers possession of Landlord's requestthe Premises to Tenant.

Delivery of Possession. Landlord (a) Delivery of possession" of the Premises shall be deemed to have delivered possession of the Premises to Tenant occur on the date of Substantial Completion of Landlord's Work and Landlord notification of School in writing that School may take possession. Delivery of possession shall not occur later than the Term Commencement Date, as it may be adjusted pursuant to the Workletter. . (b) If Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord candoes not deliver possession of the Premises to Tenant School on or before the Term Commencement Date, this Lease will not be void unless such failure is due to an Event of Default by School, or voidableForce Majeure, Landlord will not shall be liable subject to Tenant liability for any resulting loss or damage such failure, and the Term Commencement Date shall be extended one (1) day for each day of this delay, but the expiration date of the Lease Term shall not be extended by extended. Further, since the actual damages which School would sustain due to such a delayed delay would be difficult to calculate, the parties agree that liquidated damages equal to two (2) days of Base Rent abatement for each day of delay would be a reasonable approximation of such damages. Provided further, School may terminate this Lease if delivery of possession. The preceding sentence notwithstanding, if possession of the Premises does not occur within thirty (30) days of the Term Commencement Date by providing written notice thereof to Landlord fails to deliver possession to Tenant within sixty not later than thirty-five (6035) days after the Term Commencement Date Date. In such event, all Prepaid Rent, the Security Deposit and any payments for any reason other than a Delay Caused by Tenant, as defined in Change Orders shall be returned to School and the Workletter, Tenant, as its sole remedy, parties shall have no further obligations under the right to terminate terms of this Lease and receive a refund Lease, except for those matters which specifically survive termination. (c) Landlord warrants that as of the Term Commencement Date, the Premises comply or will comply with all prepaid Rent and Security Deposits provided Tenant gives written notice Requirements of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit ELaw, appropriately completed, within fifteen (15) days of Landlord's requestincluding applicable Educational Occupancy Standards.

Delivery of Possession. Landlord Any sale or sales of the Mortgaged Property, or any part thereof, under or by virtue of judicial proceedings, regardless of the price paid for the Mortgaged Property or any part thereof, shall, to the extent permitted by applicable law, operate to divest all right, title, interest, claim and demand whatsoever, either at law or in equity, of the Mortgagor of, in and to the Mortgaged Property and the property sold, and shall be deemed a perpetual bar, both at law and equity, against the Mortgagor, its successors and assigns and against any and all Persons claiming or who shall thereafter claim all or any portion of the property sold from, through, or under the Mortgagor, its successors or assigns and the Mortgagor, if requested by the Mortgagee so to do, shall join in the execution and delivery of all property conveyances, assignments, and transfers of the property so sold. The rights of the Mortgagee to possession or for a receiver are of the essence hereof, and shall continue during the running of the period allowed by law for the reinstatement of the amounts due under the Agreement secured hereby and thereafter until sale of the Mortgaged Property. The Mortgagor hereby expressly waives and relinquishes any and all rights the Mortgagor may have delivered by statute or otherwise to the possession of said Mortgaged Property and the Rents during pendency of a sale or foreclosure of this Mortgage. The Mortgagor agrees for itself and any and all Persons claiming by, through or under the Mortgagor that if the Mortgagor shall hold possession of the Premises Mortgaged Property or any part thereof subsequent to Tenant on sale or foreclosure hereunder, the Commencement DateMortgagor, or the parties so holding possession, shall become and be considered as it may be adjusted pursuant tenants at will of the purchaser or purchasers of such foreclosure sale; and any such tenant failing or refusing to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it surrender possession upon demand shall be deemed that Landlord delivered to Tenant possession guilty of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease forcible detainer and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not shall be liable to Tenant such purchaser or purchasers for reasonable rental on said Mortgaged Property and shall be subject to eviction and removal, forcible or otherwise, with or without process of law, damages which may be sustained by the Mortgagor or any resulting loss or damage and the Term of this Lease shall not be extended by such tenant as a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestresult thereof being hereby expressly waived.

Delivery of Possession. If for any reason Landlord shall be deemed to have delivered does not deliver possession of the Premises to Tenant on by the Lease Commencement DateDate as set forth in Section 1.8 above, as it may be adjusted pursuant Landlord and Tenant agree to execute a written addendum to this Lease within ten (10) days of Delivery of Possession extending the WorkletterExpiration Date for the length of the delay. Landlord shall construct or install not be subject to any liability for such failure to deliver possession and the validity of this Lease shall not be impaired, but Base Rent shall be abated until Delivery of Possession; except that if Landlord's failure to so deliver possession on the Lease Commencement Date is attributable to: (i) Tenant's delays in the Premises reasonable approval or preparation of plans and specifications for improvements, (ii) unreasonable delays caused by the improvements Tenant's contractors or agents in performing services for which Tenant is responsible, or (iii) Tenant's negligence or willful misconduct ("Tenant Delays"), then Landlord shall be entitled to be constructed or installed full performance by Landlord according to Tenant (including the Workletterpayment of all forms of rent) from the Lease Commencement Date. If no Workletter is attached to this Lease, it "Delivery of Possession" shall be deemed that to occur on the date Landlord delivered substantially completes Landlord's Work as set forth in Exhibit "D" hereto. If Landlord permits Tenant to Tenant enter into possession of the Premises "as is" in its present condition on before the Lease Commencement Date, such possession shall be subject to the provisions of this Lease. By entry hereunder, Tenant shall be deemed to have accepted the Premises (except for minor items of work and minor adjustments that can be completed after occupancy of the Premises without causing undue interference with Tenant's reasonable use of the Premises [i.e., so called "punchlist" items]) as being in good and sanitary order, condition and repair, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises and any covenants or restrictions of record, and accepts this Lease subject thereto as to all matters disclosed thereby and by any exhibits attached hereto. Landlord shall use its reasonable efforts to complete the punchlist Items as quickly as reasonably possible. Tenant acknowledges that neither Landlord nor its agents or employees have Landlord's agent has made any representations representation or warranties warranty as to the present or future suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any business. Tenant improvements shall have access to the Premises except Building through all public entrances during the Building Hours. After Building Hours Tenant shall be allowed access through those entrances designated by the Landlord as expressly after-hour entrances by means of cards or keys provided in this Lease and the Workletter. If by Landlord for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestsuch purpose.

Delivery of Possession. Landlord shall be deemed to have delivered deliver possession of each Suite to Tenant, broom clean and free from occupancy by any party (but otherwise in its then as-is condition), promptly following the Premises expiration of the current lease of such Suite and the surrender of possession by the current occupant; provided, that the “Delivery Date” as to each Suite shall be the later to occur of (i) the Estimated Delivery Date for such Suite, and (ii) the date that Landlord delivers possession of such Suite to Tenant on in the Commencement Date, as it may be adjusted pursuant to the Workletterrequired condition. Landlord shall construct or install use its best commercially reasonable efforts to cause the Delivery Date for each Suite to occur no later than the Estimated Delivery Date therefore, as set forth in the Premises Basic Lease Information. Such best commercially reasonable efforts may include, without limitation, negotiating for the improvements early termination or “buy outs” of existing leases on terms acceptable to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Datesole and absolute discretion, seeking to enforce any contractual rights of relocation of existing tenants of Suites, and enforcing contractual surrender obligations under existing leases to cause such existing tenants to timely surrender their premises, which enforcement shall include, without limitation, promptly commencing and pursuing unlawful detainer and eviction proceedings. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties Except as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purposeotherwise expressly set forth below, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If if, for any reason whatsoever, Landlord cannot deliver possession of the Premises a Suite to Tenant on or before the Commencement DateEstimated Delivery Date for such Suite, then this Lease will shall not be void or voidable, Landlord will not nor shall Landlord, or Landlord’s agents, advisors, employees, partners, shareholders, directors, invitees, independent contractors or Landlord’s manager (collectively, “Landlord’s Agents”), be liable to Tenant for any resulting loss or damage and resulting therefrom. Notwithstanding anything herein to the contrary, in connection with any Suite for which the existing tenant’s right to occupy such Suite expires as of, or subsequent to, the Estimated Delivery Date for such Suite, then if, for any reason, including, without limitation, delays due to Force Majeure, the Delivery Date for such Suite fails to occur by the Estimated Delivery Date, then the date Tenant is otherwise required to commence the payment of Base Rent for such Suite shall be delayed by one (1) additional day for each day after the Estimated Delivery Date until the actual Delivery Date occurs. Additionally, in connection with any Suite for which the existing tenant’s right to occupy such Suite expires prior to the Estimated Delivery Date for such Suite, then if, for any reason, including, without limitation, delays due to Force Majeure, the Delivery Date for such Suite fails to occur by the date which is ninety (90) days following the Estimated Delivery Date (the “Outside Delivery Date”), then the date Tenant is otherwise required to commence the payment of Base Rent for such Suite shall be delayed by one (1) additional day for each day after the Outside Delivery Date until the actual Delivery Date occurs. For the avoidance of doubt, the Term of this Lease respecting all Suites shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after co-terminous upon the Commencement Date for any reason other than a Delay Caused by TenantExpiration Date, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Basic Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestInformation.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall will construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant tenant improvements to the Premises Premises, except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the anticipated Commencement DateDate as stated in Section 1.1(l), this Lease will not be void or voidable, and Landlord will not be liable to Tenant for any resulting resultant loss or damage and damage; provided, however, in the Term of this Lease shall not be extended by a delayed event delivery of possession. The preceding sentence notwithstandingpossession is delayed beyond the anticipated Commencement Date as stated in Section 1.1(l), if Landlord fails to deliver possession to Tenant within sixty (60) days after then the Commencement Date and Rent Commencement Date shall be delayed on a day-by-day basis as provided in Paragraph 9 of the Workletter. Once the Commencement Date and Rent Commencement Date have been established, the parties shall execute and exchange an agreement specifying the Commencement Date and Rent Commencement Date, the Expiration Date and any other dates related thereto. If for any reason other than a Delay Caused by Tenant, the "Tenant Delays" as defined in Section 8 of the Workletter, TenantLandlord has not achieved Substantial Completion as defined in Section 1(p) of the Workletter within 180 days after the anticipated Commencement Date, as its sole remedy, Tenant shall have the right to terminate this Lease and receive a refund by giving Landlord Notice of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord such election within three ten (310) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days expiration of Landlord's requestsaid 180 days.

Delivery of Possession. Landlord shall be deemed use its best efforts to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Leased Premises "as is" on or before the Intended Commencement Date in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as presently existing condition, broom clean and ready to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletteroccupy. If for any reason Landlord cannot is unable to so deliver possession of the Leased Premises to Tenant on or before the Intended Commencement Date, for whatever reason, Landlord shall not be in default under this Lease, nor shall this Lease will be void, voidable or cancelable by Tenant until the lapse of sixty days after the Intended Commencement Date (the “delivery grace period”) however, the Lease Commencement Date shall not be void deemed to have occurred until such date as Landlord notifies Tenant that the Leased Premises are ready for occupancy. The term of the Lease shall be extended by the delay time. If Landlord is unable to deliver possession of the Leased Premises to Tenant within the described delivery grace period, then Tenant’s sole remedy shall be to cancel and terminate this Lease in which case Landlord shall refund all of Tenants deposits (less costs incurred by Landlord for commissions or voidableinterior improvements) provided the delay shall not have been caused by Tenant, and in no event shall Landlord will not be liable to Tenant for any resulting loss or damage and the Term of such delay. Tenant may not cancel this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days at any time after the Commencement Date date Landlord notifies Tenant the Leased Premises are Ready for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestOccupancy.

Delivery of Possession. If Landlord shall be deemed to have delivered does not deliver possession ("Deliver Possession") of the Premises A or Premises B to Tenant on the applicable Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage such failure, the Expiration Date shall not change and the Term validity of this Lease shall not be extended by a delayed impaired, but Rent with respect to Premises A or Premises B, as the case may be, shall be abated until delivery of possession. The preceding sentence notwithstanding"Delivery of possession" shall be deemed to occur on the date Landlord notifies Tenant that Premises A or Premises B, as the case may be, are ready for occupancy. If Landlord permits Tenant to enter into possession of either Premises A or Premises B before the applicable Commencement Date, such possession shall be subject to the provisions of this Lease, including, without limitation, the payment of Rent. Notwithstanding the foregoing, if for any reason Landlord fails is unable to deliver possession Deliver Possession of Premises A or Premises B to Tenant within on or prior to the date falling sixty (60) days after following the applicable Commencement Date for any reason other than a Delay Caused by Tenant, and such failure does not result either from Force Majeure Events (as defined in Section 9.05 below) or Tenant caused delays, then (a) Landlord shall not be subject to any liability therefor and (b) such delay and Landlord's ability to Deliver Possession shall not effect either the Worklettervalidity of this Lease or the obligations of either Landlord or Tenant hereunder or be deemed to extend the Expiration Date; provided, Tenanthowever, as its sole remedy, that under such circumstances Tenant shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives Lease, by giving written notice of termination the same to Landlord within three at any time following the end of such 60- day period and prior to the first to occur of (3a) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen thirtieth (1530th) days day following the end of Landlord's requestsuch 60-day period and (b) the date Landlord does Deliver Possession which termination shall be effective upon receipt of such notice.

Delivery of Possession. Landlord shall will be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall will construct or install in the Premises the improvements as defined in the Workletter to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this LeaseExcept as expressly set forth in the Workletter, it Landlord shall be deemed that Landlord delivered deliver to Tenant possession of the Premises "as is" AS IS in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, and Landlord will not be liable to Tenant for any resulting resultant loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that datedamage. Tenant will execute and deliver to Landlord the Commencement Date and Estoppel Certificate attached to this Lease as Exhibit E, appropriately completed, E within fifteen (15) 3 days of Landlord's request.

Delivery of Possession. Landlord A. Possession of the Premises shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant date which is the earlier to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on occur of: (i) the Commencement Date. ; and (ii) the date Tenant acknowledges that neither Landlord nor its agents occupies all or employees have made any representations or warranties as to the suitability or fitness part of the Premises for the conduct of Tenant's its business (as opposed to Early Access). ​ B. After Tenant occupies the Premises, Tenant shall have no right to cancel this Lease, seek a diminution of rent, xxx for damages or for assert any other purposecontractual, nor has legal or equitable remedy based either on a claim that Landlord or its agents or employees agreed failed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of in accordance with the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term terms of this Lease shall or based on a claim that the size, location, layout, dimensions or construction of the building or service area(s) (if any), sidewalks, parking or other areas (if any), or any other facilities to be furnished by Landlord, were not be extended by a delayed delivery completed or furnished in accordance with the terms of possessionthis Lease (except as provided in the following sentence). The preceding sentence notwithstandingIf, if Landlord fails to deliver possession to Tenant within sixty forty-five (6045) days after the Commencement Date for any reason other than a Delay Caused by TenantDate, as defined Tenant delivers to Landlord written notice specifying the respects in which the Premises was not in the Worklettercondition required hereunder upon the Commencement Date by reason of an obligation of Landlord pursuant to this Lease, Tenantthen Landlord shall commence to remedy such punch-list items, as at Landlord’s expense, within thirty (30) days of its sole remedyreceipt of such written notice and diligently prosecute such work to completion. Notwithstanding the foregoing, if after Tenant occupies the Premises and during the term hereof Landlord is in default under any of its Lease obligations, Tenant shall have the such rights at law or in equity to which it may be entitled except that Tenant hereby waives any right to cancel or terminate this Lease and receive or to seek a refund diminution of all prepaid Rent and Security Deposits provided Tenant gives written notice rent. Tenant’s occupancy of termination the Premises shall be deemed a certification to Landlord within three (3) days after that date. Tenant will execute and the Commencement Date Certificate attached holder of any mortgage to which this Lease is, or shall thereafter be, subject and subordinate, that the Premises have been delivered to it in accordance with the terms of this Lease and that possession thereof has been fully and completely accepted by Tenant who is then in possession of the same (subject to any punch-list items as Exhibit Eprovided herein), appropriately completedand that the term of this Lease and the use of the Premises for business and the date for the payment of rent hereunder have all theretofore commenced and that the building, the parking area, and all other portions of the Premises have been completed in accordance with the requirements and terms of this Lease, and that there is not then any offset of any rental(s) nor any violation of any of the Lease terms on the art of the Landlord. The foregoing provisions shall be self-operative and no further instrument, letter or certificate shall be required by Landlord or any such mortgagee unless either Landlord or mortgagee shall deem same appropriate in which event, in confirmation of the foregoing, Tenant shall, without cost to Landlord, within fifteen ten (1510) days of Landlord's requestwritten request therefor execute, in writing, any reasonable instrument, letter and/or certificate containing the foregoing and such other like provisions in regard to the condition of the ​ Premises, the building, the rental(s), term and date of the use of the Premises for business as shall be reasonably requested by Landlord and/or said mortgagee. In the event Tenant fails to execute and deliver such instrument within such ten days, Landlord shall give Tenant a second notice to execute and deliver such certificate. If Tenant fails to execute and deliver such certificate within five days of such second written request therefor, Tenant hereby constitutes and appoints Landlord the Tenant’s attorney-in-fact to execute any such instrument(s), letter(s), and/or certificate(s) for and on behalf of Tenant.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Leased Premises "on or before the Intended Commencement Date (as is" set forth in its present Article 1) in their presently existing condition, broom clean, unless Landlord shall have agreed, as a condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness Tenant's obligation to accept possession of the Premises for the conduct Leased Premises, pursuant to an Exhibit or Addenda attached to and made a part of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and to modify existing interior improvements or to make, construct and/or install additional specified improvements within the WorkletterLeased Premises, in which case Landlord shall deliver to Tenant possession of the Leased Premises on or before the Intended Commencement Date as so modified and/or improved. If for any reason Landlord cannot is unable to so deliver possession of the Leased Premises to Tenant on or before the Intended Commencement Date, for whatever reason, Landlord shall not be in default under this Lease, nor shall this Lease will be void, voidable or cancelable by Tenant until the lapse of ninety, (90) days after the Intended Commencement Date (the "delivery grace period"; however, the Lease Commencement Date shall not be void deemed to have occurred until such date as Landlord notifies Tenant that the Leased Premises are Ready for Occupancy. Additionally, the delivery grace period above set forth shall be extended for such number of days as Landlord may be delayed in delivering possession of the Leased Premises to Tenant by reason of Force Majeure or voidablethe actions of Tenant. If Landlord is unable to deliver possession of the Leased Premises to Tenant within the described delivery grace period (including any extensions thereof by reason of Force Majeure or the actions of Tenant), then Tenant's sole remedy shall be to cancel and terminate this Lease, and in no event shall Landlord will not be liable to Tenant for any resulting loss or damage and the Term of such delay. Tenant may not cancel this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days at any time after the Commencement Date date Landlord notifies Tenant the Leased Premises are Ready for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three Occupancy (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestsee attached).

Delivery of Possession. Landlord The Promoter/Developer herein shall be deemed complete the construction of the said accommodation in all respect on or before 18 months from this date. After completion of construction in all respects in respect of the said accommodation the promoter/Developer herein shall inform in writing to have delivered the Purchasers that the said accommodation is ready for use and occupation and on receipt of such letter the Purchasers herein shall inspect the said accommodation in all respect and get satisfied according to the terms and conditions of this Agreement. After Purchasers are satisfied himself as aforesaid, at his request the Promoter/Developer herein shall give the possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant said Accommodation to the Workletter. Landlord shall construct or install Purchaser/s only after the payment of all dues payable by the Purchaser/s, and provided the Purchaser/s herein has not committed any default in the Premises the improvements to be constructed or installed by Landlord according payment of consideration in installment on due date to the Workletter. If no Workletter is attached to Promoter/Developer in pursuance of these presents and in case of any complaint regarding the Flat, its specifications and/or terms of this LeaseAgreement the purchaser shall get the same covered before taking the possession only with prior intimation in writing and once the Flat purchaser accept the possession of the Flat, it shall be deemed that Landlord delivered to Tenant possession the Flat purchaser does not have any complaint/s in respect of the Premises "as is" Flat or the terms of this Agreement and if any lacunas are there, the same shall be deemed to be waived by the purchaser. Provided that the Promoter/Developer herein shall be entitled to the extension of time for completing the construction of the said construction in its present condition all respects on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents aforesaid date, if i) The Purchaser/s commits any default in payment of installment as mentioned hereinabove; ii) Any extra work required to be carried in the said Accommodation as per the requirement at the and at the sot of Purchaser/s; iii) Non-availability of steel, cement, or employees have made any representations other building materials, water or warranties electric supply, labour problems etc.; iv) War, civil commotion or act of God; v) Any notice, order, rules or notification of the Government and/or public or competent Authority; vi) Delay in grant of any NOC/permission/licensee connection/installation of any services such as electricity & water connections and meters to the suitability Scheme/Flat/ Row house, Road NOC or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestcompletion certificate from appropriate Authority.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Leased Premises "on or before the Intended Commencement Date (as is" set forth in its present Article 1) in their presently existing condition, broom clean, unless Landlord shall have agreed, as a condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness Tenant's obligation to accept possession of the Premises for the conduct Leased Premises, pursuant to an Exhibit or Addenda attached to and made a part of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and to modify existing interior improvements or to make, construct and/or install additional specified improvements within the WorkletterLeased Premises, in which case Landlord shall deliver to Tenant possession of the Leased Premises on or before the Intended Commencement Date as so modified and/or improved. If for any reason Landlord cannot is unable to so deliver possession of the Leased Premises to Tenant on or before the Intended Commencement Date, for whatever reason, Landlord shall not be in default under this Lease, nor shall this Lease will be void, voidable or cancelable by Tenant until the lapse of thirty (30) days after the intended Commencement Date (the "delivery grace period"; however, the Lease Commencement Date shall not be void deemed to have occurred until such date as Landlord notifies Tenant that the leased Premises are Ready for Occupancy. Additionally, the delivery grace period above set forth shall be extended for such number of days as Landlord may be delayed in delivering possession of the Leased Premises to Tenant by reason for Force Majeure or voidablethe actions of Tenant. If Landlord is unable to deliver possession of the Leased Premises to Tenant within the described delivery grace period (including any extensions thereof by reason of Force Majeure or the actions of Tenant), then Tenant's sole remedy shall be to cancel and terminate this Lease, and in no event shall Landlord will not be liable to Tenant for any resulting loss or damage and the Term of such delay. Tenant may not cancel this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days at any time after the Commencement Date date Landlord notifies Tenant the Leased Premises are Ready for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that dateOccupancy. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestSee attached.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Leased Premises "as is" in its present condition on or before the Commencement Date. Tenant acknowledges that neither Date in their presently existing condition, broom clean, unless Landlord nor its agents shall have agreed, as a condition to Tenant's obligation to accept possession of the Leased Premises pursuant to a written Addenda attached to and made a part of this Lease, to modify existing interior improvements or employees have made any representations to make, construct and/or install additional specified improvements within the Leased Premises or warranties as to the suitability or fitness Outside Areas, in which case Landlord shall deliver to Tenant possession of the Leased Premises for on or before the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except Intended Commencement Date as expressly provided in this Lease and the Workletterso modified and/or improved. If for any reason Landlord cannot is unable to so deliver possession of the Leased premises to Tenant in the agreed condition on or before the Intended Commencement Date, for whatever reason, Landlord shall not be in default under this Lease, nor shall this Lease be void, voidable or cancelable by Tenant until the lapse of one hundred twenty days after the Intended Commencement date (the "delivery grace period"); however, the Lease Commencement Date shall not be deemed to have occurred until such date as Landlord notifies Tenant that the Leased Premises are in the agreed condition and are Ready for Occupancy. Additionally, the delivery grace period above set forth shall be extended for such number of days as Landlord may be delayed in making the agreed improvements and/or delivering possession of the Leased Premises to Tenant on by reason of Force Majeure or the Commencement Dateactions of Tenant. If Landlord is unable to deliver possession of the Leased Premises in the agreed condition to Tenant within the described delivery grace period (including any extensions thereof by reason of Force Majeure or the actions of Tenant), then Tenant's sole remedy shall be to cancel and terminate this Lease will not be void or voidableLease, and in no event shall Landlord will not be liable in damages to Tenant for any resulting loss or damage and the Term of such delay. Tenant may not cancel this Lease shall not be extended by a delayed delivery of possessionat any time after the date Landlord notifies Tenant that the Leased Premises have been put into the agreed condition and are Ready for Occupancy. The preceding sentence notwithstandingNotwithstanding the foregoing, if Landlord fails is unable to deliver possession enter into a termination agreement or early expiration agreement acceptable to Landlord with Jetstream Communications, Inc. on or before March 15, 2000 pursuant to which Jetstream's lease shall terminate or expire on or before July 1, 2000, and Jetstream agrees to vacate their premises by such date, either Landlord or Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to may terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestLease.

Delivery of Possession. Notwithstanding the fact that the Commencement Date of this Lease is April 1, 2014, commencing upon the full execution and delivery of this Lease by Landlord and Tenant and Tenant’s delivery to Landlord of the cash security deposit or letter of credit required under Paragraphs 2.d. and 6, as well as any other deposits required to be made by Tenant to Landlord concurrently with Tenant’s execution of this Lease, Tenant shall have access to the Premises for the purpose of constructing the Initial Alterations (as defined in Paragraph 4.a. below) and installing telephones, electronic communication or related equipment, fixtures, furniture and equipment in the Premises. Notwithstanding the foregoing, such early access to the Premises and such installation shall be deemed permitted only to the extent that Landlord determines that such early access and installation activities will not delay Landlord’s completion of Landlord’s Work. Notwithstanding the foregoing, in no event shall Tenant or Tenant’s Contractor (as defined below) be given access to the Premises for purposes of constructing the Initial Alterations until the plans therefor have been reasonably approved by Landlord and Tenant (in accordance with Paragraph 9 below) and Tenant has delivered possession to Landlord the insurance certificates required by Landlord in connection with the work and required under Paragraph 15 below. During Tenant’s access to, construction in, and occupancy of, the Premises prior to the Commencement Date, all of the provisions of the Lease shall apply to the activities of Tenant and its contractors, employees and agents in the Premises and the Building, except that no rent shall accrue or be due for such period prior to the Commencement Date. lf, due to circumstances beyond Landlord’s reasonable control, there is a delay in the delivery of the Premises to Tenant on the Commencement Datefor purposes of commencing construction, as it may this Lease shall not be adjusted pursuant void or voidable, nor shall Landlord be liable to the Workletter. Tenant for any loss or damage resulting therefrom, but Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days as soon as reasonably possible after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestdate hereof.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant upon substantial completion of that work described in Exhibit B attached to and by reference made a part of this Lease. Tenant’s taking possession of the Premises shall be conclusive evidence as against Tenant that the Premises were in good order and satisfactory condition when Tenant took possession except for a list of items agreed to (such agreement not to be unreasonably withheld) and signed by Landlord and Tenant. No promise of Landlord to alter, remodel, decorate, clean or improve the Premises, the Building or the land upon which the Building, parking lot and other common areas are located (the “Land”) and no representation respecting the condition of the Premises, the Building or the Land have been made by Landlord to Tenant, unless the same is contained herein, or made a part hereto, or in a written document signed by Landlord. If Landlord shall be unable to give possession of the Premises on the Commencement Date by reason of any of the following: (i) labor disputes and/or material shortages (ii) Force Majeure or Acts of God (iii) the hold over or retention of possession of any tenant, tenants, or occupants; (iv) the acts or omissions of Tenant, whether or not negligent or intentional; or (v) for any other reason, beyond Landlord’s reasonable control, Landlord shall not be subject to any liability for the failure to give possession on said date. Under such circumstances the Commencement Date, the expiration date of the Term, and all other dates that may be affected by their change, shall be revised to conform to Landlord’s delivery of possession of the Premises to Tenant. No such failure to give possession on the date of commencement of the term hereof shall affect the validity of this Lease will not be void or voidablethe obligation of Tenant hereunder, and neither Landlord will not nor Landlord’s agents shall be liable to Tenant for any resulting loss or damage and resulting from the Term of this Lease shall not be extended by a delayed delay in delivery of possession. The preceding sentence notwithstanding, if Landlord fails If the Premises are ready for occupancy prior to deliver possession to Tenant within sixty (60) days after the Commencement Date for and Tenant occupies the Premises prior to said date, or if Tenant occupies all or any reason other than a Delay Caused by Tenant, as defined in part of the Workletter, Tenant, as its sole remedy, shall have the right Premises prior to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached set out in Section 5 above, then the Commencement Date shall be the date of Tenant’s early occupancy. Tenant shall be granted early access free of charge solely to this Lease install all data/communication wiring, furniture, and to assemble and test equipment used for necessary business operation, if said access does not interfere with Landlord’s upfit of the Premises. This early entry does not entitle Tenant to commence the operation of its business from the Premises until the Commencement Date. The Premises shall not be deemed to be unready for Tenant’s occupancy or incomplete if only minor or insubstantial details of construction, decoration or mechanical adjustment remain to be done in the Premises or any part thereof, or if the delay in the availability of the Premises for occupancy shall be due to special work, changes, alterations or additions required or made by Tenant in the layout or finish of the Premises or any part thereof or shall be caused in whole or in part by Tenant through the delay of Tenant in submitting plans, supplying information, approving plans, specifications or estimates, giving authorizations or otherwise or shall be caused in whole or in part by delay and/or default on the part of Tenant. In the event of any dispute as Exhibit Eto whether the Premises are ready for Tenant’s occupancy, appropriately completed, within fifteen (15) days the decision of Landlord's request’s architect shall be final and binding on the parties.