Common use of Initial Commencement of Lease Term Clause in Contracts

Initial Commencement of Lease Term. The Lease Commencement Date ---------------------------------- shall commence upon the later to occur of (i) Landlord's delivery of possession of the second and third floors of the Building or (ii) the date of Substantial Completion (as defined in Paragraph 4 of the Lease) of the Landlord's Work on the second and third floors of the Building. The Rent Commencement Date shall be determined in accordance with Lease Addendum No. 1 (and may be different dates for different floors of the Premises), except that such dates shall be accelerated one day for each day that Substantial Completion of Landlord's Work would have occurred (as to a particular floor or floors) but for Tenant Delays. Each of the following events shall be deemed a "Tenant Delay": (a) delays resulting from any direction by Tenant that Landlord suspend work or otherwise hold up construction of any portion of the Tenant Improvements because of a possible change order initiated by Tenant or for any other reason directed by Tenant; (b) delays because portions of Landlord's Work cannot be performed until work to be performed by or on behalf of Tenant is performed; (c) delays due to the failure of Tenant to pay when due any amount payable pursuant to the Lease or this Exhibit; (d) delays which result directly or indirectly from Tenant's changes in the working drawings, plans, and specifications; or (e) any other action or inaction of Tenant that directly or indirectly delays Landlord in completing Landlord's Work. Tenant shall pay any actual and documented costs or expenses incurred by Landlord as a result of any Tenant Delays, including without limitation, any increases in costs or expenses for labor or materials. Landlord shall provide Tenant with an "Acceptance of Premises" letter upon Tenant's acceptance of possession, and a "Confirmation of Lease Terms" written memorandum following the Rent Commencement Date reflecting the exact Lease Commencement Date; however, any failure to do so shall not affect the Lease Commencement Date. If the Lease Commencement Date provided for by this Section is different than the estimated Lease Commencement Date set forth in Paragraph 2.4.1 of Confidential treatment has been requested for portions of this exhibit. The copy filed herewith omits the information subject to the confidentiality request. Omissions are designated as [***]. A complete version of this exhibit has been filed separately with the Securities and Exchange Commission.

Initial Commencement of Lease Term. The Lease Commencement Date ---------------------------------- Term shall commence upon September 1,2001. The commencement date for payment of rent under the later to occur of Lease (i“Rent Commencement Date”) Landlord's delivery of possession shall follow the initial commencement of the second and third floors term of the Building or (ii) the date of Substantial Completion (as defined in Paragraph 4 of the Lease) of the Landlord's Work on the second and third floors of the Building. The Rent Commencement Date shall be determined Lease in accordance with Lease Addendum No. 1 (and may be different dates for different floors of the Premises), except that such dates shall be accelerated one day for each day that Substantial Completion of Landlord's Work would have occurred (as to a particular floor or floors) but for Tenant Delays. Each of the following events shall be deemed a "Tenant Delay": (a) delays resulting from any direction by Tenant that Landlord suspend work or otherwise hold up construction of any portion of the Tenant Improvements because of a possible change order initiated by Tenant or for any other reason directed by Tenant; (b) delays because portions of Landlord's Work cannot be performed until work to be performed by or on behalf of Tenant is performed; (c) delays due to the failure of Tenant to pay when due any amount payable pursuant to the Lease or this Exhibit; (d) delays which result directly or indirectly from Tenant's changes in the working drawings, plans, and specifications; or (e) any other action or inaction of Tenant that directly or indirectly delays Landlord in completing Landlord's Work. Tenant shall pay any actual and documented costs or expenses incurred by Landlord as a result of any Tenant Delays, including without limitation, any increases in costs or expenses for labor or materials1. Landlord shall provide Tenant with an "“Acceptance of Premises" ” letter upon Tenant's ’s acceptance of possession, and a "“Confirmation of Lease Terms" ” written memorandum following the Rent Commencement Date reflecting the exact date of commencement of the Lease Term (the “Lease Commencement Date”) as set forth herein; however, any failure to do so shall not affect the Lease Commencement Date. If the Lease Commencement Date provided for by this Section is different than the estimated Lease Commencement Date set forth in Paragraph 2.4.1 of Confidential treatment has been requested the Lease, then (a) the Lease Commencement Date provided for portions by this Section shall control and (b) Paragraphs 2.4.1 and 2.4.2 of the Lease shall be deemed amended accordingly, except that if Landlord fails to provide Tenant with a Confirmation of Lease Terms written memorandum of such dates, as provided above, then the Lease Commencement Date and Expiration Date act forth in Paragraphs 2.4.1 and 2.4.2 referenced above, shall conclusively be deemed to be the actual Lease Commencement Date and Expiration Date under this exhibitLease. The copy filed herewith omits Tenant shall execute the information Acceptance of Premises letter on the date of Landlord’s turnover of possession to Tenant, subject to the confidentiality requestany punchlist items identified therein. Omissions are designated as [***]. A complete version of this exhibit has been filed separately with the Securities Tenant shall execute and Exchange Commission.return to Landlord the

Initial Commencement of Lease Term. The Lease Commencement Date ---------------------------------- shall be the date upon which Landlord’s Work is sufficiently complete such that Tenant may commence upon Tenant’s Work pursuant to this Work Letter without unreasonable delays or hindrance; which date shall be set forth in a notice from Landlord to Tenant delivered to Tenant at least ten days prior to the later Lease Commencement Date. In no event, however, will the Lease Commencement Date be earlier than 60 days prior to occur of (i) Landlord's delivery of possession of the second and third floors of the Building or (ii) the date of Substantial Completion substantial completion (as defined in Paragraph 4 of the Lease) of the Landlord's Work on the second and third floors of the Building’s Work. The Rent Commencement Date shall be determined in accordance with that date which is 90 days after the Lease Addendum No. 1 (and may be different dates for different floors of the Premises)Commencement Date, except that such dates date shall be accelerated one day for each day that Substantial Completion substantial completion of Landlord's ’s Work would have occurred (as to a particular floor or floors) but for Tenant DelaysDelays (as defined below). Each of the following events shall be deemed constitute a "“Tenant Delay"”: (a) delays resulting from any direction by Tenant that Landlord suspend work or otherwise hold up construction of any portion of the Tenant Improvements Landlord’s Work because of a possible change order initiated to be Initiated by Tenant or for any other reason directed by Tenant; (b) delays in the performance of Landlord’s Work because portions of Landlord's ’s Work cannot be performed until work to be performed by or on behalf of Tenant is performed; (c) delays due to the failure of Tenant to pay when due any amount payable pursuant to the this Lease or this Exhibit; Work Letter, (d) delays which result directly or indirectly from Tenant's ’s requested changes in the working drawings, plans, and specificationsApproved Plans or Landlord’s Work; or (e) any other action or inaction of Tenant that directly or indirectly delays Landlord in completing Landlord's ’s Work. Tenant shall pay any actual and documented costs or expenses incurred by Landlord as a result of any Tenant Delays, including without limitation, any increases in costs or expenses for labor or materials. Landlord shall provide Tenant with an "a factually accurate “Acceptance of Premises" ” letter upon Tenant's ’s acceptance of possession, and a "factually accurate “Confirmation of Lease Terms" ” written memorandum following the Rent Commencement Date reflecting the exact Lease Commencement Date and Rent Commencement Date; however, any failure to do so shall not affect the Lease Commencement Datethis Lease. If the actual Lease Commencement Date or Rent Commencement Date determined in the manner provided for by this Section Paragraph is different than the estimated Lease Commencement Date or Rent Commencement Date set forth in Paragraph 2.4.1 of Confidential treatment has been requested for portions 2 of this exhibitLease, then (a) the Lease Commencement Date and Rent Commencement Date provided for by this Paragraph shall control and (b) Paragraph 2 of this Lease shall be deemed amended accordingly. The copy filed herewith omits Tenant shall execute the information Acceptance of Premises letter on the date of Landlord’s turnover of possession to Tenant, subject to any punch list items identified therein. Following a walk-through inspection of the confidentiality requestPremises undertaken jointly by Landlord’s Representative and Tenant’s Representative, Tenant shall execute and return to Landlord the Confirmation of Lease Terms memorandum within ten days of submittal by Landlord. Omissions are designated Failure by Tenant to execute the Acceptance of Premises letter or the Confirmation of Lease /s/ JC /s/ RCB Terms memorandum shall not amend the terms thereof, but shall be deemed as [***]. A complete version Tenant’s final and conclusive acceptance of this exhibit has been filed separately with the Securities and Exchange Commissionterms thereof.