Common use of Granting Clause; Lease Term Clause in Contracts

Granting Clause; Lease Term. In consideration of the obligation of Tenant to pay rent as herein provided and in consideration of the other terms, covenants, and conditions hereof, Landlord leases to Tenant, and Tenant leases from Landlord, the Premises, to have and to hold for the Lease Term, subject to the terms, covenants and conditions of this Lease. The term of this Lease shall commence on the “Commencement Date” specified in or established above, and except as otherwise provided herein, shall continue in full force and effect through the number of months as provided above (the “Lease Term”); provided, however, that if the Commencement Date is a date other than the first day of a calendar month, the Lease Term shall consist of the remainder of the calendar month including and following the Commencement Date, plus said number of full calendar months. If this Lease is executed before the Premises become vacant or otherwise completed or available or if any present tenant or occupant of the Premises holds over, and Landlord cannot acquire possession of the Premises in time to deliver them by the estimated Commencement Date, or if any Improvements (as hereinafter defined) or required repairs (if any) are not substantially completed by Landlord prior to the scheduled Commencement Date, this Lease shall not be deemed void or voidable nor shall Landlord be deemed to be in default hereunder, nor shall Landlord be liable for any loss or damage directly or indirectly arising out of such delay or failure. Tenant agrees to accept possession of the Premises at such time as Landlord is able to tender the same, which date shall thenceforth be deemed the Commencement Date. After the Commencement Date, Tenant shall, upon demand, execute and deliver a letter of acceptance of delivery of the Premises specifying the Commencement Date and such other matters as Landlord may reasonably request. Landlord and Tenant agree that the rentable square footage of the Premises as set forth above and the Building as set forth above shall be conclusive and binding on the parties.

Granting Clause; Lease Term. In consideration of the obligation of Tenant to pay rent as herein provided and in consideration of the other terms, covenants, and conditions hereof, 2.1 Landlord leases the Demised Premises to Tenant, and Tenant leases the Demised Premises from Landlord, the Premises, to have and to hold for during the Lease Term, subject to upon the terms, covenants terms and conditions of set forth in this Lease. The term Landlord represents and warrants that (i) the lease with the former tenant of the Demised Premises, Wastequip Manufacturing Company, LLC, has been terminated and (ii) the execution, delivery and performance by the Landlord of this Lease shall commence on does not violate or conflict with any material agreement or instrument to which the “Commencement Date” specified in or established above, and except as otherwise provided herein, shall continue in full force and effect through the number of months as provided above (the “Lease Term”); provided, however, that if the Commencement Date Landlord is a party or by which it is bound. 2.2 If, both at the date other than of exercising the first day of a calendar month, renewal option set out below and at the Lease Term shall consist commencement of the remainder of the calendar month including and following the Commencement Date, plus said number of full calendar months. If this Lease is executed before the Premises become vacant or otherwise completed or available or if any present tenant or occupant of the Premises holds over, and Landlord cannot acquire possession of the Premises in time to deliver them by the estimated Commencement Date, or if any Improvements Renewal Term (as hereinafter defined), an Event of Default is not continuing and outstanding or otherwise cured under the Lease, Tenant shall have the right to renew this Lease for two (2) terms of five (5) years each after the expiration of the Lease Term (each the “Renewal Term”). Such renewal shall be on the terms and conditions set forth in the Lease, and (i) there shall be no further right to renew or extend after the expiry of the Renewal Term and (ii) the Guaranteed Rental shall be such increased amount as determined pursuant to subsection (b) of this section, and the Premises shall be accepted by the Tenant in “as is” condition at the commencement of the Renewal Term without the Landlord being required repairs to perform any work in connection therewith. Such renewal right shall be exercised by Tenant, if at all, by delivery of notice by Tenant to the Landlord not less than six (if any6) are not substantially completed by Landlord months prior to the scheduled Commencement Date, this Lease shall not be deemed void or voidable nor shall Landlord be deemed to be in default hereunder, nor shall Landlord be liable for any loss or damage directly or indirectly arising out of such delay or failure. Tenant agrees to accept possession expiration of the Premises at Lease Term, failing which, such time as Landlord is able to tender the same, which date shall thenceforth be deemed the Commencement Date. After the Commencement Date, Tenant shall, upon demand, execute and deliver a letter of acceptance of delivery of the Premises specifying the Commencement Date and such other matters as Landlord may reasonably request. Landlord and Tenant agree that the rentable square footage of the Premises as set forth above and the Building as set forth above right shall be conclusive null and binding on the partiesvoid and forever extinguished.

Granting Clause; Lease Term. (a) In consideration of the obligation of Tenant to pay rent as herein provided and in consideration of the other terms, covenants, and conditions hereof, Landlord leases to Tenant, and Tenant leases from Landlord, the Premises, to have and to hold for the Lease Term, subject to the terms, covenants and conditions of this Lease. The term of this Lease shall commence on the “Commencement Date” specified in or established above, and except as otherwise provided herein, shall continue in full force and effect through the number of months as provided above (the “Lease Term”); provided, however, that if the Commencement Date is a date other than the first day of a calendar month, the Lease Term shall consist of the remainder of the calendar month including and following the Commencement Date, plus said number of full calendar months. If this Lease is executed before the Premises become vacant or otherwise completed or available or if any present tenant or occupant of the Premises holds overavailable, and Landlord cannot acquire possession of the Premises in time to deliver them by the estimated Commencement Date, or if any Improvements (as hereinafter defined) or required repairs (if any) are not substantially completed by Landlord prior to the scheduled Commencement Date, this Lease shall not be deemed void or voidable nor shall Landlord be deemed to be in default hereunder, nor shall Landlord be liable for any loss or damage directly or indirectly arising out of such delay or failuredelay. Tenant agrees to accept possession of the Premises at such time as Landlord is able to tender the same, which date shall thenceforth be deemed the Commencement Date. After the Commencement Date, Tenant shall, upon demand, execute and deliver a letter of acceptance of delivery of the Premises specifying the Commencement Date and such other matters as Landlord may reasonably requestDate. Landlord and Tenant agree that the rentable square footage of the Premises as set forth above and the Building as set forth above shall be conclusive and binding on the parties. (b) This Lease is conditioned upon Tenant receiving all required permits for its initial Tenant Improvements listed on Exhibit C within thirty (30) days after the Commencement Date. Provided that Tenant promptly submits all information and fees required for all such permits upon the Commencement Date and diligently pursues such permits and Tenant fails to obtain all such permits within the 30-day period, Tenant may terminate this Lease by written notice to Landlord given no later than the 31st day after the Commencement Date. If Tenant fails to obtain the permits within the 30-day period but fails to terminate this Lease by the 31st day after the Commencement Date, this condition shall be deemed waived by Tenant. (c) This Lease is also conditioned upon Landlord receiving consent to this Lease, if required, from Landlord’s lender, the successor in interest to Cowlitz Bank (“Lender”), within thirty (30) days after the Commencement Date. Landlord will use commercially reasonable efforts to obtain Lender’s consent to this Lease within the 30-day period, if such consent is required by Lender’s loan documents. If Lender’s consent is required and cannot be obtained within thirty (30) days after the Commencement Date, then (unless the parties agree to extend the deadline) the Lease will be deemed void from its inception. (d) Provided Tenant is not then in default of any terms and conditions in the Lease, Tenant may terminate the Lease at the end of the thirty-sixth (36th) month of the Term upon 180 days prior written notice to Landlord, together with delivery of a termination fee to Landlord in an amount equal to the unamortized portion (in accordance with the formula set forth below) of brokerage fees paid by Landlord for this Lease and the amount of TI Allowance paid by Landlord hereunder.

Granting Clause; Lease Term. (a) In consideration of the obligation of Tenant to pay rent as herein provided and in consideration of the other terms, covenants, and conditions hereof, Landlord leases to Tenant, and Tenant leases from Landlord, the Premises, to have and to hold for the Lease Term, subject to the terms, covenants and conditions of this Lease. The term of this Lease shall commence on the “"Commencement Date” " specified in or established abovein the Basic Lease Provisions, and except as otherwise provided herein, shall continue in full force and effect through the number of months as provided above in the Basic Lease Provisions (the “"Lease Term”"); provided, however, that if the Commencement Date is a date other than the first day of a calendar month, the Lease Term shall consist of the remainder of the calendar month including and following the Commencement Date, plus said number of full calendar months. If this Lease is executed before Except as expressly provided in Paragraph 1(b) below, Landlord shall not be liable to Tenant for any loss or damage directly or indirectly arising out of any delay in the Premises become vacant or otherwise completed or available or if any present tenant or occupant delivery of the Premises holds overor Substantial Completion of the Tenant Improvements, and Landlord cannot acquire possession of the Premises in time to deliver them by the estimated Commencement Date, or if any Improvements (as hereinafter defined) or required repairs (if any) are not substantially completed by Landlord prior to the scheduled Commencement Date, this Lease shall not be deemed void or voidable voidable, nor shall Landlord be deemed to be in default hereunder, nor shall Landlord be liable for as a result of any loss or damage directly or indirectly arising out of such delay or failuredelay. Tenant agrees to accept possession of the Premises at such time as Landlord is able to tender the same, which date shall thenceforth be deemed the Commencement Date. After the Commencement Date, Tenant shall, upon demand, execute and deliver a letter of acceptance of delivery Substantial Completion of the Premises specifying Tenant Improvements, provided that Landlord shall provide Tenant with at least thirty (30) days prior written notice of the Commencement Date and such other matters as Landlord may reasonably requestdate of Substantial Completion of the Tenant Improvements. Landlord and Tenant agree that the rentable square footage of the Premises as set forth above and the Building as set forth above shall be conclusive and binding on the parties. At any time after the Commencement Date has been determined, each of the parties hereto agrees, promptly upon written request of the other party, to execute an agreement memorializing, among other things, the Commencement Date and expiration of the initial Lease Term, together with the commencement and expiration dates of the Option Terms (as defined herein). Such agreement shall be in substantially the form attached hereto as Exhibit E. (b) Subject to Tenant Delays and/or Force Majeure Delays (as such terms are defined in Exhibit C attached hereto), Landlord shall diligently pursue the completion of construction of the Tenant Improvements in accordance with the terms of the Work Letter attached hereto as Exhibit C. Notwithstanding Paragraph 1(a) above, in the event the Commencement Date has not occurred on or prior to June 1, 2017 (the "First Outside Date") then, as Tenant's sole and exclusive remedy in connection therewith, Tenant shall be entitled to one (1) day of Base Rent abatement (in addition to the Base Rent Credit set forth in Paragraph 4(b) below) with respect to the Premises for each day after the First Outside Date, but prior to the Second Outside Date (as defined below), that the Commencement Date has not occurred (except for any delays in the occurrence of the Commencement Date resulting from Tenant Delays or Force Majeure Delays, as such terms are defined in Exhibit C attached hereto). Additionally, in the event that the Commencement Date not occurred on or prior to December 31, 2017 (the "Second Outside Date"), Tenant shall have the right, as its sole and exclusive remedy, to terminate this Lease by notifying Landlord in writing of such election within ten (10) business days after the Second Outside Date (but prior to the occurrence of the Commencement Date). In the event of any such termination of this Lease under the preceding sentence, then (i) this Lease shall terminate, (ii) Landlord shall return to Tenant the Prepaid Rent and any Excess Cost of Tenant Improvements previously funded by Tenant, and (iii) neither Landlord nor Tenant shall have any rights, liabilities or obligations accruing under this Lease after such effective date of termination, except for such rights and liabilities which, by the terms of this Lease or at law, are obligations of Tenant or Landlord which survive the expiration or earlier termination of this Lease. The First Outside Date and the Second Outside Date shall each be extended one (1) day for each day of delay in the occurrence of the Commencement Date that results from Tenant Delays and/or Force Majeure Delays; provided, however, with respect the Second Outside Date only, such day for day extension on account of Force Majeure Delays shall not exceed ninety (90) days in the aggregate. Notwithstanding the foregoing or anything to the contrary herein, the rights and remedies provided to Tenant in this Paragraph 1(b) in connection with any delay in the occurrence of the Commencement Date shall automatically become void and of no further force or effect should Tenant commit any default under this Lease which continues beyond the expiration of any applicable notice and cure period. For avoidance of doubt, (a) Tenant shall no longer receive any credit against Base Rent following the Second Outside Date, and (b) if Tenant elects to terminate this Lease, Tenant shall not receive any compensation from Landlord whatsoever other than the return of the Prepaid Rent and any Excess Cost of Tenant Improvements previously funded by Tenant (with Tenant agreeing and acknowledging that any credits accrued by Tenant shall only be applicable if the Commencement Date actually occurs). 680272v7 (c) Subject to all Legal Requirements (as defined below), Tenant may enter into the Premises from and after March 9, 2017 (the "Early Access Date"), upon receipt of written consent from Landlord (not to be unreasonably withheld, conditioned or delayed), for the sole purpose of installing, storing and assembling Tenant's furniture, fixtures, racking and equipment, inspecting the Tenant Improvements, taking measurements, making plans for Tenant's business operations in the Premises; provided, however, Tenant shall only be permitted to enter such portions of the Premises, and at such times, as Landlord reasonably determines will not interfere with the performance of the Tenant Improvements. Landlord hereby agrees that Tenant shall be entitled to store certain material handling equipment and personal property within the Premises following the Early Access Date in the location identified on Exhibit B attached hereto (the "Early Access Staging Area"); provided that Landlord shall have the right to reasonably relocate the Early Access Staging Area as needed in connection with the completion of the Tenant Improvements. Subject to Tenant Delays and Force Majeure Delays, Landlord shall cause all overhead HVAC, electrical and lighting improvements which are included within the scope of the Tenant Improvements (the "Overhead Warehouse Improvements") to be completed within the Early Access Staging Area on or prior to the Early Access Date. In addition, subject to Tenant Delays and Force Majeure Delays, Landlord shall cause all Overhead Warehouse Improvements to be completed within the remainder of the warehouse area of the Premises on or prior to the date that is seven (7) days following the Early Access Date. The parties agree that the Early Access Date shall be extended on a day-for-day basis for each day of delay in completion of the Tenant Improvements (including the Overhead Warehouse Improvements) caused by Tenant Delays and/or Force Majeure Delays. After the Early Access Date, Landlord and Tenant agree to reasonably cooperate with each other in order to coordinate the scheduling and performance of the parties' respective work and activities in the Premises so as to minimize interference with each other. Notwithstanding the foregoing, in no event shall Tenant enter the Premises until such time as Tenant has delivered to Landlord all monetary amounts due upon execution of this Lease and provided Landlord with evidence that Tenant has fulfilled its obligation to provide insurance pursuant to the provisions of this Lease. Any such early entry into the Premises by Tenant shall not in and of itself advance the Commencement Date, unless Tenant commences to conduct business in any portion of the Premises, in which case the Commencement Date shall immediately occur as of such date. All of the provisions of this Lease shall apply to Tenant during any early entry, including, without limitation, the indemnities set forth in this Lease and Tenant's obligation to not interfere with the performance of the Tenant Improvements, but excluding only the obligation to pay Base Rent and Operating Expenses until the Commencement Date has occurred. Notwithstanding the foregoing, Tenant shall be responsible for the payment of all utility costs with respect to the Premises during the period of any early entry into the Premises by Tenant (as reasonably determined by Landlord) and Tenant shall pay such costs to Landlord within ten (10) days after demand from time to time. During any such early entry, Landlord shall not be responsible for any loss, including theft, damage or destruction to any work, materials or equipment installed or stored by Tenant at the Premises (including, without limitation, in the Early Access Staging Area) or for any injury to Tenant or its agents, employees, contractors, subcontractors, subtenants, assigns, licensees or invitees. Landlord shall have the right to post appropriate notices of non-responsibility in connection with any early entry by Tenant.

Granting Clause; Lease Term. (a) In consideration of the obligation of Tenant to pay rent as herein provided and in consideration of the other terms, covenants, and conditions hereof, Landlord leases to Tenant, and Tenant leases from Landlord, the Premises, to have and to hold for the Lease Term, subject to the terms, covenants and conditions of this Lease. The term of this Lease shall commence on the “Commencement Date” specified in or established above, and except as otherwise provided herein, shall continue in full force and effect through the number of months as provided above (the “Lease Term”); provided, however, that if the Commencement Date is a date other than the first day of a calendar month, the Lease Term shall consist of the remainder of the calendar month including and following the Commencement Date, plus said number of full calendar months. If Notwithstanding the foregoing, immediately following execution of this Lease is executed before by both parties, provided payment of all sums due from Tenant to Landlord upon execution of this Lease has been made and Tenant has provided Landlord with evidence that Tenant has fulfilled its obligation to provide insurance pursuant to the provisions of this Lease, and further provided same does not materially interfere with the Substantial Completion of Landlord’s Work (as reasonably determined by Landlord), Tenant shall be granted entry and access to the Premises become vacant or for the- purpose of conducting measurements, testing, and any other purpose related to preparing the Premises for construction of the Tenant Improvements (as defined in Exhibit C), including mobilization therefor. Such early entry will not advance the Commencement Date. (b) Prior to February 1, 2018, Landlord shall use its commercially reasonable efforts to Substantially Complete Landlord’s Work (as defined in Exhibit C). Tenant agrees that prior to completion of Landlord’s Work, Tenant shall take no action which will materially interfere with the conduct of Landlord’s Work (as reasonably determined by Landlord). Upon Substantial Completion of Landlord’s Work, subject to all applicable laws, Landlord shall deliver the Premises to Tenant with Landlord’s Work substantially complete in all respects and otherwise completed or available or if any present tenant or occupant in compliance with the requirements of this Lease (the “Delivery Date”), and Tenant shall be granted full possession of the Premises, and thereafter Tenant shall construct the Tenant Improvements in accordance with Exhibit C. After Landlord’s Work is Substantially Completed Landlord and Tenant will conduct a preliminary inspection of the Premises holds overand will sign a schedule of items (the “Landlord’s Punch List”), if any, of Landlord’s Work requiring repair or completion. Landlord shall use its commercially reasonable efforts to cause to be repaired, at no expense to Tenant, all items set forth on Landlord’s Punch List within thirty (30) days thereafter. Completion of Landlord’s Punch List items by Landlord shall not delay Tenant’s acceptance of the Premises. However, if the completion of any item on Landlord’s Punch List materially delays the construction of the Tenant Improvements, the Commencement Date shall be deemed delayed by the extent of such delay in the construction of the Tenant Improvements. If Landlord fails to substantially complete the Punch List items within said 30-day period, Tenant shall have the right to notify Landlord in writing of such failure and if Landlord canfails to substantially complete said Punch List items within fifteen (15) days following Landlord’s receipt of said notice, Tenant shall have the right to complete the same (at a reasonable cost, upon prior notice to Landlord and using vendors approved by Landlord) and seek reimbursement from Landlord of Tenant’s actual costs to complete said Punch List items. Furthermore, if any Landlord ACM Remediation Work (as defined in Section 30(f) below) is not acquire completed prior to the Delivery Date or within sixty (60) days following the delivery by Tenant to Landlord of its demolition plan (the “Demo Plan”), then to the extent such delay in performing such Landlord ACM Remediation Work actually delays the construction of the Tenant Improvements, the Commencement Date shall be deemed delayed (on a day for day basis) by the extent of such delay in the construction of the Tenant Improvements. Notwithstanding anything to the contrary set forth herein, no conduct by Landlord under this paragraph shall be a basis for a claim of delay hereunder unless and until such conduct continues for three (3) business days after Landlord’s receipt of written notice thereof (which details the conduct causing the alleged delay). In addition, subject to compliance with Legal Requirements and receipt of written approval from the City of Santa Xxxxxx and provided the Delivery Date has occurred, Tenant may conduct business from the third (3rd) floor of the Premises from and after March 1, 2018. Tenant’s possession of the 3rd floor of the Premises in time as of March 1, 2018 following the Delivery Date will not advance the Commencement Date. In connection with the foregoing, Tenant agrees to deliver them the Demo Plan with respect to the Tenant Improvements as soon as reasonably practicable. (c) If for any reason the Delivery Date has not occurred on or before February 28, 2018, unless due to delays caused solely by Tenant or its agents, employees or contractors, the estimated Commencement Date will be delayed on a day for day basis equal to the time period following February 28, 2018 until the Delivery Date. (d) If for any reason the Delivery Date has not occurred on or before March 31, 2018, unless due to delays caused solely by Tenant or its agents, employees or contractors, or Force Majeure events, Tenant shall accrue two (2) days of free Base Rent for each day of delay, commencing on April 1, 2018 and ending on the actual Delivery Date. (e) If for any reason the Delivery Date has not occurred on or before June 30, 2018, unless due to delays caused solely by Tenant or its agents, employees or contractors, or Force Majeure events, Tenant shall have the right to terminate this Lease by delivering written notice thereof to Landlord, which notice may be delivered at any time prior to the Delivery Date, or if any Improvements and neither party shall have further obligation to the other except for obligations of Landlord and Tenant which may have accrued prior to the date of such termination and for those provisions of this Lease that expressly survive its termination, and the obligation of Landlord to pay to Tenant, within thirty (30) days after such termination, the “Start-Up Costs” (as hereinafter defined) or required repairs (if any) are not substantially completed ). For purposes hereof, the term “Start-Up Costs” shall mean all out-of-pocket fees, costs and expenses incurred by Landlord prior to the scheduled Commencement Date, Tenant in connection with this Lease shall not be deemed void or voidable nor shall Landlord be deemed to be in default hereunderfor legal, nor shall Landlord be liable architectural, design and Tenant Improvement work, and Tenant pursuing governmental approvals for any loss or damage directly or indirectly arising out of such delay or failure. the Tenant agrees to accept possession of the Premises at such time as Landlord is able to tender the same, which date shall thenceforth be deemed the Commencement Date. After the Commencement DateImprovements At Landlord’s request, Tenant shall, upon demand, execute and shall deliver a letter to Landlord copies of acceptance of delivery of supporting invoices which evidence the Premises specifying the Commencement Date and such other matters as Landlord may reasonably request. Landlord and Tenant agree that the rentable square footage of the Premises as set forth above and the Building as set forth above shall be conclusive and binding on the partiesStart-Up Costs.

Granting Clause; Lease Term. In The parties acknowledge and agree that Landlord is acquiring the Premises from SMX Property, LLC (the “Seller”; not a party to this Lease) as of the Effective Date pursuant to that certain Purchase and Sale Agreement dated as of April 27, 2022, between 0000 00xx Xxxxxx, LLC (the “Buyer”) and Seller (as amended, restated, supplemented or modified from time to time, the "PSA"), and, pursuant to the PSA, Seller’s affiliate, Xxxxxx has agreed to continue to occupy and lease the Premises following the closing under the PSA (the "Closing") upon the terms and conditions of this Lease. Accordingly, in consideration of the obligation of Tenant to pay rent as herein provided and in consideration of the other terms, covenants, and conditions hereof, Landlord leases to Tenant, and Tenant leases from Landlord, the Premises, to have and to hold for the Lease Term, subject to the terms, covenants and conditions of this Lease. The term of this Lease shall commence on the “Commencement Date” specified in or established above, and except as otherwise provided herein, shall continue in full force and effect through the number of months as provided above (the “Lease Term”); provided, however, that if the Commencement Date is a date other than the first day of a calendar month, the Lease Term shall consist of the remainder of the calendar month including and following the Commencement Date, plus said number of full calendar months. If this Lease is executed before the Premises become vacant or otherwise completed or available or if any present tenant or occupant of the Premises holds over, and Landlord cannot acquire possession of the Premises in time to deliver them by the estimated Commencement Date, or if any Improvements (as hereinafter defined) or required repairs (if any) are not substantially completed by Landlord prior to the scheduled Commencement Date, this Lease shall not be deemed void or voidable nor shall Landlord be deemed to be in default hereunder, nor shall Landlord be liable for any loss or damage directly or indirectly arising out of such delay or failure. Tenant agrees to accept possession of the Premises at such time as Landlord is able to tender the same, which date shall thenceforth be deemed the Commencement Date. After the Commencement Date, Tenant shall, upon demand, execute and deliver a letter of acceptance of delivery of the Premises specifying the Commencement Date and such other matters as Landlord may reasonably requestDate. Landlord and Tenant agree that the rentable square footage of the Premises as set forth above and the Building as set forth above shall be conclusive and binding on the parties. For the avoidance of doubt, the parties acknowledge and agree that this Lease is contingent upon the occurrence of the Closing, and shall be null and void and of no force or effect unless and until the Closing occurs.

Granting Clause; Lease Term. (a) In consideration of the obligation of Tenant to pay rent as herein provided and in consideration of the other terms, covenants, and conditions hereof, Landlord leases to Tenant, and Tenant leases from Landlord, the Premises, to have and to hold for the Lease Term, subject to the terms, covenants and conditions of this Lease. After the Commencement Date, each of Landlord and Tenant shall, within a reasonable period of time (not to exceed 30 days) following the other party's written request therefor, execute and deliver to each other a Confirmation of the Commencement Date in a form reasonably approved by Landlord and Tenant; provided, however, that failure by either party to execute such Confirmation of the Commencement Date shall not affect the actual Commencement Date under this Lease. The term of this Lease shall commence on the “"Commencement Date” " specified in or established above, and except as otherwise provided herein, shall continue in full force and effect through the number of months as provided above in the Basic Lease Provisions (the “"Lease Term”"); provided, however, that if the Commencement Date is a date other than the first day of a calendar month, then the Lease Term shall consist of the Commencement Date and the remainder of the calendar month including and following the Commencement Date, plus said number of full calendar monthsmonths in the Lease Term. If this Lease is executed before Subject to compliance with Legal Requirements and Private Restrictions, Tenant shall have the right to access the Premises become vacant or otherwise completed or available or if twenty-four (24) hours per day, seven (7) days per week throughout the Lease Term. (b) If Landlord cannot, for any present tenant or occupant of reason, deliver the Premises holds over, and Landlord cannot acquire possession of the Premises in time to deliver them Tenant by the estimated Commencement DateEstimated Delivery Date set forth in the Basic Lease Provisions above, or if any Improvements (as hereinafter defined) or required repairs (if any) are not substantially completed by Landlord prior to the scheduled Commencement Date, then this Lease shall not be deemed void or voidable nor shall Landlord be deemed to be in default hereunder, nor shall Landlord be liable for any loss or damage directly or indirectly arising out of such delay. Subject to extension for any delay caused by Force Majeure (as defined in Paragraph 33 below) and/or any Tenant Delays (as defined in Exhibit B attached hereto), if Substantial Completion of the Landlord Work fails to occur by the date which is thirty (30) days following the Estimated Delivery Date (as extended by Force Majeure and/or any Tenant Delays) (the "First Outside Date"), then, as Tenant's sole and exclusive remedy, commencing on the day following the First Outside Date, Tenant shall receive a day-for-day credit of Base Rent for each day following such Outside Date until the earlier of (i) the Commencement Date, or failure(ii) the Second Outside Date (as defined below), which credit shall be applicable to Base Rent first otherwise coming due during the Lease Term after the application of the Base Rent Credit (as defined in Paragraph 4(b) below), provided that Tenant shall remain liable for the payment of any other charges under this Lease, including, without limitation, Operating Expenses, as otherwise required under this Lease during such period when Base Rent is abated pursuant hereto. Tenant agrees shall commence the regular payment of Base Rent (at the then applicable rates), computed in the way and manner as provided by this Lease, upon the Commencement Date, subject to accept possession such credit right (and the Base Rent Credit, as defined in Paragraph 4(b) below) in the event that Substantial Completion of the Landlord Work occurs after the First Outside Date. Notwithstanding any provision to the contrary contained herein, but subject to extension for any delay caused by Force Majeure and/or any Tenant Delays, if Substantial Completion of the Landlord Work has not occurred by the date which is ninety (90) days following the First Outside Date (as extended by Force Majeure and/or any Tenant Delay, the "Second Outside Date"), then Tenant shall thereafter, prior to the Substantial Completion of the Landlord Work, have the right (as Tenant's sole and exclusive remedy) to terminate this Lease by delivery of written notice of such election to Landlord, which notice must be given, if at all, within thirty (30) days following the Second Outside Date, and this Lease shall terminate thirty (30) days after receipt of such termination notice by Landlord; provided, however, that if Substantial Completion of the Landlord Work occurs during the 30-day period following receipt of Tenant's notice of termination, Tenant's termination notice shall automatically be deemed null and void. In the event Tenant does not terminate this Lease pursuant to this Paragraph 1(b), then this Lease shall continue in full force and effect; provided, however, that no further credits against Base Rent shall accrue hereunder from and after the Second Outside Date. If this Lease is terminated pursuant to the terms of this paragraph, then Tenant shall remove any and all Tenant Improvements, furniture, fixtures and equipment that were installed by Tenant (or on behalf of Tenant) prior to such termination (whether in accordance with Paragraph 1(c) below or otherwise), and repair any damage caused by such removal, and this Lease and the rights and obligations of the parties pursuant to this Lease shall cease and terminate following which neither party shall have any further rights or obligations arising out of this Lease or the termination of this Lease, except those rights and obligations expressly surviving expiration or earlier termination of this Lease. For avoidance of doubt, (a) Tenant shall no longer receive any credit against Base Rent following the Second Outside Date, and (b) if Tenant elects to terminate this Lease pursuant to this Paragraph, (I) Tenant shall not receive any compensation from Landlord whatsoever except for a refund of the Prepaid Rent (with Tenant agreeing and acknowledging that any credits accrued by Tenant shall only be applicable if the Commencement Date actually occurs), and (II) Landlord may require Tenant to remove, in Landlord's sole and absolute discretion, any and all Tenant Improvements, furniture, fixtures and equipment that were installed by Tenant (or on behalf of Tenant) prior to such termination (whether in accordance with Paragraph 1(c) below or otherwise), and repair any damage caused by such removal, which obligations shall expressly survive the termination of the Lease. The remedies of Tenant set forth in this Paragraph 1(b) shall be Tenant's sole and exclusive remedies for failure of Landlord to timely cause Substantial Completion of the Landlord Work. (c) Subject to all Legal Requirements and Private Restrictions, Tenant may enter the Premises at approximately ninety (90) days prior to Substantial Completion of the Landlord Work for the sole purposes of constructing the Tenant Improvements, installing Tenant's furniture, fixtures and equipment in accordance with the terms and conditions contained in Exhibit B attached hereto, and taking other preparatory measures; provided, however, that Tenant shall not unreasonably interfere with the completion of any of the Landlord Work and/or any Punchlist Items (as defined in Exhibit B attached hereto). Landlord and Tenant shall reasonably cooperate (and shall cause their respective contractors, subcontractors and agents to cooperate) with each other in good faith to reasonably accommodate the construction scheduling of each party and in order that the work being performed by each party may be completed without material interference with the completion of the work being completed by the other party and without increase in cost to the other party; provided, however, notwithstanding the foregoing or anything herein to the contrary, Tenant acknowledges and agrees that in the event there is any conflict between the construction scheduling or activities for completion of Tenant's work and the Landlord Work, the completion of the Landlord Work shall take priority over the completion any Tenant's work and Tenant shall not interfere with (and Tenant shall cause its contractors, subcontractor and agents to not interfere with) the completion of the Landlord Work. In the interest of clarity, Tenant acknowledges and agrees that the date of Substantial Completion may be deemed to have occurred prior to the actual date of Substantial Completion due to the occurrence of one or more Tenant Delays, which may result in Tenant not having access to the Premises for the full duration of the Buildout Period. As a condition to Tenant's right to such early entry, Tenant shall be required to comply with all of the provisions of this Lease including, without limitation, the insurance and indemnity provisions contained in this Lease and with the provisions of this Lease governing the Tenant Improvements, but excluding only the obligation to pay Base Rent and Operating Expenses. Notwithstanding the foregoing, in no event shall Tenant access or enter into the Premises until such time as Tenant has delivered to Landlord is able written evidence that Tenant has fulfilled its obligation to tender provide insurance pursuant to the same, which date shall thenceforth be deemed provisions of this Lease. Such early entry in and of itself will not advance the Commencement Date. After the Commencement DateTenant shall have no obligation to pay any Base Rent, Tenant shallutilities, upon demand, execute and deliver a letter of acceptance of delivery of the Premises specifying or Operating Expenses until the Commencement Date has occurred, whereupon, subject to the Base Rent Credit, Base Rent, utilities, and Operating Expenses shall immediately commence. During any such other matters as early entry, Landlord may reasonably requestshall not be responsible for any loss, including theft, damage or destruction to any work or material installed or stored by Tenant at the Premises or for any injury to Tenant or its agents, employees, contractors, subcontractors, representatives, consultants, subtenants, assigns, licensees or invitees (each, a "Tenant Party" and collectively, the "Tenant Parties"). Landlord and Tenant agree that shall have the right to post appropriate notices of non-responsibility in connection with any early entry by Tenant. (d) All references in this Lease to "square feet" or "square footage" shall refer to rentable square footage feet as measured in accordance with the American National Standard Method of Measuring Floor Area in Industrial Buildings: Standard Methods of Measurement (ANSI/BOMA Z65.2-2012) using drip line methodology (Method B), modified, if necessary, to include any mezzanine areas in the Premises as set forth above and the Building as set forth above shall be conclusive and binding on the partiesreferences to "square feet" and/or "square footage".