Common use of Delivery of the Premises Clause in Contracts

Delivery of the Premises. At the end of the Term or any renewal thereof or other sooner termination of this Lease, subject to the terms of Paragraphs 7, 21, 22 and 35 and the rights and obligations of the parties concerning casualty damage pursuant to Paragraph 21, Tenant will peaceably deliver to Landlord possession of the Premises, together with all improvements or additions upon or belonging to Landlord (including without limitation the Charging Stations (as defined in Paragraph 45), if any, and the Security System (as defined in Paragraph 44) and Bike Racks (as defined in Paragraph 46), if applicable), by whomsoever made with all components of the Premises in good working order and maintained with any necessary repairs completed in the reasonable opinion of Landlord or Landlord’s contractor. All space in the Premises shall be clean and well-maintained with walls freshly painted as necessary (or touched up, if acceptable to Landlord in its reasonable discretion), and carpet shampooed and presentable for re-leasing. Any damaged or unpresentable carpet shall be replaced. All window coverings shall be cleaned and any damaged coverings repaired or replaced. Any damaged ceiling tiles shall be replaced and all light fixtures shall be fully operational and clean. All doors shall be presentable and damaged doors repaired or replaced. The interior of all windows shall be washed and all interior partition glass shall be cleaned. If Tenant is obligated to remove or restore any Tenant Improvements or Alterations upon termination or expiration of the Lease pursuant to Paragraph 7(d), the Work Letter, or other provisions of this Lease, the affected area will be returned to Landlord in the form of open office space in the condition described above or in a condition otherwise approved by Landlord in its sole discretion. Tenant may, upon the termination of this Lease, remove all Trade Fixtures, and all movable furniture and equipment belonging to Tenant, at Tenant’s sole cost, provided that Tenant repairs any damage caused by such removal. Property not so removed by the Expiration Date (or in the event of an earlier termination, within five (5) days of such earlier termination date) shall be deemed abandoned by Tenant regardless of its value, and title to the same shall thereupon pass to Landlord without any cost to Landlord, and Landlord shall have the right to remove and dispose of all or any portion of such property, fixtures or equipment after the expiration or earlier termination of this Lease. Tenant waives any and all rights it may have under California Civil Code Sections 1980-1993.

Delivery of the Premises. At 11.1 The Lessor shall deliver possession of the end Premises to the Lessee on the date set forth in Appendix "A". The Lessor shall give the Lessee notice concerning the Date of Delivery of Possession in the Premises at least 30 days before the Date of Delivery. The Lessor undertakes that at the Date of Delivery of Possession, the central systems in the Tower will be operational (air conditioning, electricity, plumbing, fire detection and fire fighting), at least half of the elevators installed in the Tower and which constitute all the elevators are operational and there will be reasonable avenues of access to the Premises. 11.2 The parties expressly agree that the Lessor shall be entitled to defer the Date of Delivery of Possession in the Premises, for not more than 30 (thirty) days, without this being deemed a breach of this Agreement on its part, provided that if the deferral exceeds 14 days, the Lessor shall bear the actual additional expenses that will apply to the Lessee as a result of the deferral in Delivery of Possession, which came into being after the first 14 days of delay, and until the Date of Delivery of Possession in the Premises to the Lessee. The Lessor's aforesaid right to defer the Date of Delivery of Possession shall not apply to the 14th floor of the Premises. Without derogating from the aforesaid, if the Date of Delivery pursuant to this Agreement is deferred consequent upon the Lessor's deferral of completion of construction of the Premises and/or if occupancy is deferred for reasons of force majeure, including unusual conscription of reserve forces, an exceptional shortage of construction materials, equipment or workers, weather factors or other natural phenomena, orders (which have not been issued due to act or omission of the Lessor and/or any person on its behalf), regulations or statutes which delay the construction or extend its period of performance, freezing of construction as a result of administrative orders, nationwide strikes or nationwide industrial action, or any other factor which is not under the Lessor's control. In any such event, the Date of Delivery shall be deferred for the period of time entailed by the existence of the afore-mentioned conditions or any of them, as the case may be and with the addition of the time period required for organization, which shall not exceed seven days. The Lessor shall notify the Lessee concerning the development of circumstances as aforesaid immediately after it learns of the development of these circumstances, as aforesaid, which may cause the deferral of the Date of Delivery of Possession. If the Date of Delivery of Possession in the Premises has been deferred pursuant to this section, the date of commencement of the Term or any renewal thereof or other sooner termination of this LeaseLease shall be deferred for an identical period, and the Lessee shall be entitled to notify the Lessor of its wish to extend the date of expiration of the Term of Lease for an identical period as aforesaid. 11.3 The Lessee hereby undertakes to appear at the Premises on the Date of Delivery of Possession in the Premises and accept possession in the Premises, subject to the terms of Paragraphs 7, 21, 22 and 35 Premises being completed in accordance with the sketch and the rights technical description, insofar as this concerns the Specification and obligations Lessor's Works and subject to the contents of this Agreement. 11.4 On the parties concerning casualty damage Date of Delivery of Possession in the Premises, the Lessor's Representative shall make a delivery protocol and this protocol shall serve as prima facie proof that the Lessee has received the Premises pursuant to Paragraph 21the conditions of this Agreement, Tenant subject to the Lessor's undertakings to perform the finishes and repairs specified in the delivery protocol, if any, in the Premises, and subject to any hidden defect. If the Lessee fails to appear at the Date of Delivery of Possession, another date to make the delivery protocol will peaceably deliver be set which shall not be later than 72 hours after the Date of Delivery of Possession. Should the Lessee also fail to Landlord possession appear at this time, the Lessee hereby expressly agrees that the delivery protocol be made in its absence and all the provisions specified above shall apply to this protocol. For the avoidance of doubt, it is clarified that making a delivery protocol at a later date than the Date of Delivery of Possession does not change the Date of Delivery of Possession. 11.5 For the avoidance of doubt, it is clarified that the Lessee's failure to accept the Premises or to appear at the Date of Delivery or to cooperate with the Lessor in making the protocol as aforesaid and/or the existence of any defects whatsoever and/or the necessity of completing works in the Premises by the Lessor which would not prevent reasonable use of the Premises, together with all improvements or additions upon or belonging shall not serve to Landlord (including without limitation the Charging Stations (as defined prevent acceptance of possession in Paragraph 45), if any, and the Security System (as defined in Paragraph 44) and Bike Racks (as defined in Paragraph 46), if applicable), by whomsoever made with all components of the Premises and, in good working order and maintained with any necessary repairs completed in the reasonable opinion of Landlord or Landlord’s contractor. All space event as aforesaid, possession in the Premises shall be clean deemed to have been delivered on the due date and well-maintained with walls freshly painted as necessary (or touched up, if acceptable to Landlord in its reasonable discretion), and carpet shampooed and presentable for re-leasing. Any damaged or unpresentable carpet the Lessee shall be replaced. All window coverings shall be cleaned and any damaged coverings repaired obliged to accept possession in the Premises, unless the Architect has determined that the defects or replaced. Any damaged ceiling tiles shall be replaced and all light fixtures shall be fully operational and clean. All doors shall be presentable and damaged doors repaired or replaced. The interior necessity for completion of all windows shall be washed and all interior partition glass shall be cleanedthe works as aforesaid prevents acceptance of possession in the Premises, in order to make use of it for the Purpose of the Lease. If Tenant is obligated the Lessee disagrees with the Architect's decision as aforesaid, then the decision concerning the dispute will be assigned to remove or restore any Tenant Improvements or Alterations upon termination or expiration an engineer whom the parties shall appoint and in the absence of agreement regarding the identity of the Lease pursuant to Paragraph 7(d)engineer, the Work Letter, or other provisions of this Lease, the affected area an engineer will be returned to Landlord in the form of open office space in the condition described above or in a condition otherwise approved by Landlord in its sole discretion. Tenant may, upon the termination of this Lease, remove all Trade Fixtures, and all movable furniture and equipment belonging to Tenant, at Tenant’s sole cost, provided that Tenant repairs any damage caused by such removal. Property not so removed appointed by the Expiration Date (or in chairman of the event of an earlier termination, within five (5) days of such earlier termination date) shall be deemed abandoned by Tenant regardless of its value, Architects and title to the same shall thereupon pass to Landlord without any cost to Landlord, and Landlord shall have the right to remove and dispose of all or any portion of such property, fixtures or equipment after the expiration or earlier termination of this Lease. Tenant waives any and all rights it may have under California Civil Code Sections 1980-1993Engineers Association.

Delivery of the Premises. At the end Landlord shall deliver possession of the Term or any renewal thereof or other sooner termination of this LeasePremises to Tenant, subject to with the terms of Paragraphs 7, 21, 22 and 35 and Tenant Improvements Substantially Complete on the rights and obligations of the parties concerning casualty damage pursuant to Paragraph 21, Tenant will peaceably Commencement Date. If Landlord cannot deliver to Landlord possession of the Premises, together with all improvements the Tenant Improvements Substantially Complete to Tenant at the originally estimated Commencement Date set forth in subparagraph 1(h) above, then the Commencement Date and the Expiration Date shall each be deferred by the number of days such delivery is delayed beyond the originally scheduled Commencement Date; provided, however, that if the Expiration Date is not the last day of a calendar month, said Expiration Date shall be further extended to the last day of the calendar month. This Lease shall not be void or additions upon voidable, nor shall Landlord be liable to Tenant for any loss or belonging damage resulting therefrom and such deferral of the Commencement Date and the Expiration Date shall be Tenant’s sole remedy for Landlord’s failure to deliver possession of the Premises for any reason other than Tenant Delay; provided, however, if the Commencement Date shall not have occurred only as a result of the actions or omissions of Landlord (and not as the result of Tenant Delay or Force Majeure) by March 31, 2006, then Tenant shall have the right to cancel this Lease by giving written notice of its election to Landlord on or before April 10, 2006 (including without limitation with Tenant’s failure to timely provide such notice of cancellation being deemed Tenant’s waiver of such cancellation right), whereupon Landlord shall refund the Charging Stations (as defined in Paragraph 45)security deposit and all prepaid Rent, if any, and thereafter neither party shall have any further rights or obligations hereunder. Notwithstanding the Security System (as defined in Paragraph 44) and Bike Racks (as defined in Paragraph 46)foregoing, if applicable), by whomsoever made with all components the delay in Substantial Completion of such Tenant Improvements and delivery of possession of the Premises in good working order is due to Tenant Delay, the Commencement Date shall occur, and maintained with any necessary repairs completed Tenant’s obligation to pay Monthly Rental shall commence, as of the date upon which such Substantial Completion and such delivery would have occurred in the reasonable opinion absence of Landlord or Landlord’s contractor. All space in the Premises shall be clean and well-maintained with walls freshly painted as necessary (or touched up, if acceptable to Landlord in its reasonable discretion), and carpet shampooed and presentable for re-leasing. Any damaged or unpresentable carpet shall be replaced. All window coverings shall be cleaned and any damaged coverings repaired or replaced. Any damaged ceiling tiles shall be replaced and all light fixtures shall be fully operational and clean. All doors shall be presentable and damaged doors repaired or replaced. The interior of all windows shall be washed and all interior partition glass shall be cleaned. If Tenant is obligated to remove or restore any Tenant Improvements or Alterations upon termination or expiration of the Lease pursuant to Paragraph 7(d), the Work Letter, or other provisions of this Lease, the affected area will be returned to Landlord in the form of open office space in the condition described above or in a condition otherwise approved by Landlord in its sole discretion. Tenant may, upon the termination of this Lease, remove all Trade Fixtures, and all movable furniture and equipment belonging to Tenant, at Tenant’s sole cost, provided that Tenant repairs any damage caused by such removal. Property not so removed by the Expiration Date (or in the event of an earlier termination, within five (5) days of such earlier termination date) shall be deemed abandoned by Tenant regardless of its value, and title to the same shall thereupon pass to Landlord without any cost to Landlord, and Landlord shall have the right to remove and dispose of all or any portion of such property, fixtures or equipment after the expiration or earlier termination of this Lease. Tenant waives any and all rights it may have under California Civil Code Sections 1980-1993Delay.

Delivery of the Premises. At Landlord shall notify Tenant when such Landlord's Work and Finish Work as is reasonably necessary for the end use and occupancy of the Term Area A or any renewal thereof or other sooner termination of this LeaseArea B, subject to the terms of Paragraphs 7respectively, 21, 22 and 35 and the rights and obligations of the parties concerning casualty damage pursuant to Paragraph 21, Tenant will peaceably deliver to Landlord possession of the Premises, together with all improvements or additions upon or belonging to Landlord (including without limitation the Charging Stations are Substantially Complete (as defined in Paragraph 45Section 3.2 below). Landlord shall tender to Tenant possession of Area A no more than three business days after delivering to Tenant such notice relating to Area A, if anybut no sooner than the Estimated Area A Commencement Date, unless otherwise specifically requested by Tenant or otherwise permitted under this Section 2.1.1 with respect to portions of Area A. Landlord shall tender to Tenant possession of Area B no more than three business days after delivering to Tenant such notice relating to Area B, but not sooner than the Estimated Area B Commencement Date unless otherwise specifically requested by Tenant or otherwise permitted under this Section 2.1.1 with respect to portions of Area B. If such Landlord's Work and Finish Work as is reasonably necessary for the use and occupancy of any portion of Area A or Area B are Substantially Complete, then (i) prior to the Estimated Area A Commencement Date, with respect to portions of Area A, and the Security System (as defined in Paragraph 44) and Bike Racks (as defined in Paragraph 46)Estimated Area B Commencement Date, if applicable)with respect to Area B, by whomsoever made with all components of the Premises in good working order and maintained with any necessary repairs completed in the reasonable opinion of Landlord or Landlord’s contractor. All space in the Premises shall be clean and well-maintained with walls freshly painted as necessary (or touched up, if acceptable to Landlord in its reasonable discretion), and carpet shampooed and presentable for re-leasing. Any damaged or unpresentable carpet shall be replaced. All window coverings shall be cleaned and any damaged coverings repaired or replaced. Any damaged ceiling tiles shall be replaced and all light fixtures shall be fully operational and clean. All doors shall be presentable and damaged doors repaired or replaced. The interior of all windows shall be washed and all interior partition glass shall be cleaned. If Tenant is obligated to remove or restore any Tenant Improvements or Alterations upon termination or expiration of the Lease pursuant to Paragraph 7(d), the Work Letter, or other provisions of this Lease, the affected area will be returned to Landlord in the form of open office space in the condition described above or in a condition otherwise approved by Landlord in its sole discretion. Tenant may, upon the termination of this Leaseby written notice to Landlord, remove all Trade Fixtures, and all movable furniture and equipment belonging request that Landlord deliver to Tenant, at Tenant’s sole cost, provided that Tenant repairs any damage caused by such removal. Property not so removed by the Expiration Date (or in the event of an earlier termination, within five (5) days possession of such earlier termination date) shall be deemed abandoned by Tenant regardless portion of its valueArea A or Area B, and title to as the same shall thereupon pass to Landlord without any cost to Landlordcase may be, and Landlord shall have tender possession of such portion to Tenant within three business days after receiving such notice from Tenant unless Landlord reasonably determines that delivery of such portion to Tenant would interfere with the right completion of the balance of Landlord's Work or Finish Work; and (ii) after the Estimated Area A Commencement Date, with respect to remove portions of Area A, and dispose the Estimated Area B Delivery Date, with respect to portions of Area B, Landlord may, three business days after notice to Tenant, tender to Tenant possession of any such portion of Area A or Area B, as the case may be, and Tenant shall accept possession of such portion of Area A or Area B unless Tenant cannot reasonably use or occupy such portion without a material interference with its business operations. Nothing in the foregoing sentence shall be construed to permit Tenant to delay acceptance of Landlord's tender to Tenant of possession of all of Area A or Area B, as the case may be, in the condition required hereunder. At the time of delivery thereof to Tenant, Area A and Area B (or any portion portion(s) thereof) shall be free of such property, fixtures or equipment after the expiration or earlier termination of this Lease. Tenant waives any all tenants and all rights it may have under California Civil Code Sections 1980-1993occupants other than Tenant.

Delivery of the Premises. At the end (a) Landlord shall endeavor to deliver possession of the Term Premises to Tenant, substantially complete on the Scheduled Commencement Date with the improvements to be installed or any renewal thereof or other sooner termination constructed pursuant to the work agreement attached as Exhibit "D" (the "Work Agreement"), which is incorporated herein and made a part of this Lease. If Landlord, subject to the terms of Paragraphs 7for any reason whatsoever, 21, 22 and 35 and the rights and obligations of the parties concerning casualty damage pursuant to Paragraph 21, Tenant will peaceably cannot deliver to Landlord possession of the PremisesPremises to Tenant, together with all the improvements to be installed or additions upon constructed pursuant to the Work Agreement substantially complete, on the Scheduled Commencement Date, this Lease shall not be void or belonging voidable, nor shall Landlord be liable to Landlord (including without limitation Tenant for any loss or damage resulting therefrom. If the Charging Stations delay is due to any "Unavoidable Delays" (as defined in Paragraph 45Section 4 (a) of the Work Agreement) or to any reason other than "Tenant Delays" (as defined in Section 4 (c) of the Work Agreement), the Commencement Date shall be postponed until the date, and Rent shall be waived for the period between the Scheduled Commencement Date and the date, which Landlord has advised Tenant is the date that Landlord can deliver possession of the Premises to Tenant with the improvements to be installed or constructed pursuant to the Work Agreement substantially complete, and Tenaxx xxxees that such waiver shall constitute a full settlement of any and all claims Tenant might have against Landlord arising out of Landlord's failure to tender possession on the Scheduled Commencement Date. If the delay is due to any Tenant Delays, the Scheduled Commencement Date shall not be postponed, and the Term and Tenant's obligation to pay Rent shall commence as of the Scheduled Commencement Date plus any delays caused by Unavoidable Delays, if any, and the Security System (as defined in Paragraph 44) and Bike Racks (as defined in Paragraph 46), if applicable), by whomsoever made with all components not Tenant Delays. If Landlord delivers possession of the Premises in good working order prior to the Scheduled Commencement Date, the Term and maintained with any necessary repairs completed in Tenaxx'x xbligation to pay Rent shall commence on the reasonable opinion date of Landlord or Landlord’s contractor. All space in such delivery. (b) Upon delivery of possession of the Premises shall be clean and well-maintained with walls freshly painted as necessary (or touched up, if acceptable to by Landlord in its reasonable discretion), and carpet shampooed and presentable for re-leasing. Any damaged or unpresentable carpet shall be replaced. All window coverings shall be cleaned and any damaged coverings repaired or replaced. Any damaged ceiling tiles shall be replaced and all light fixtures shall be fully operational and clean. All doors shall be presentable and damaged doors repaired or replaced. The interior of all windows shall be washed and all interior partition glass shall be cleaned. If Tenant is obligated to remove or restore any Tenant Improvements or Alterations upon termination or expiration of the Lease pursuant to Paragraph 7(d), accordance with the Work Letter, or other provisions Tenant shall execute and deliver an agreement confirming the Commencement Date and Expiration Date, and Tenaxx'x xcceptance of this Leasethe Premises, the affected area will which agreement shall be returned to Landlord in the form of open office space in the condition described above or in a condition otherwise approved by Landlord in its sole discretion. Tenant mayExhibit D, upon the termination of this Lease, remove all Trade Fixtures, and all movable furniture and equipment belonging to Tenant, at Tenant’s sole cost, provided that Tenant repairs any damage caused by such removal. Property not so removed by the Expiration Date (or in the event of an earlier termination, within five (5) days of such earlier termination date) shall be deemed abandoned by Tenant regardless of its value, and title to the same shall thereupon pass to Landlord without any cost to Landlord, and Landlord shall have the right to remove and dispose of all or any portion of such property, fixtures or equipment after the expiration or earlier termination of this Lease. Tenant waives any and all rights it may have under California Civil Code Sections 1980-1993Schedule 2.