Common use of Initial Lease Term Clause in Contracts

Initial Lease Term. The terms and provisions of this Lease shall be effective as of the date of this Lease except for the provisions of this Lease relating to the payment of Rent. The term of this Lease (the “Lease Term”) shall be as set forth in Section 3.1 of the Summary, shall commence on the date (the “Lease Commencement Date”) that is the earlier to occur of (i) the date Tenant commences to conduct business in any portion of the Premises, and (ii) the of “Substantial Completion”, as that term is defined in this Article 2, of the Premises by Landlord, and shall terminate on the date determined in accordance with Section 3.3 of the Summary (the “Lease Expiration Date”) unless this Lease is sooner terminated as hereinafter provided. For purposes of this Lease, “Substantial Completion” of the Premises shall occur upon the completion of construction, as reasonably determined by Landlord, of the “Tenant Improvements,” as that term is defined in the Tenant Work Letter, in the Premises pursuant to the plans and drawings which are prepared and approved pursuant to the terms of the Tenant Work Letter and the issuance of a temporary certificate of occupancy or legal equivalent, with the exception of any Punchlist Items (as defined below) and any Tenant fixtures, work-stations, built-in furniture, or equipment to be installed by Tenant or under the supervision of Contractor (as defined in Section 3 of the Tenant Work Letter). “Punchlist Items” shall mean only commercially reasonable punchlist items, the non-completion of which does not prevent the issuance of a temporary certificate of occupancy or legal equivalent or unreasonably interfere with Tenant’s use or occupancy of the Premises, and which punchlist items shall be corrected promptly by Landlord (within thirty (30) days following Xxxxxxxx’s receipt of written notice thereof from Tenant) without unreasonable interference with Xxxxxx’s use of or access to or from the Premises. It is anticipated that the Lease Commencement Date will occur within sixteen (16) weeks after mutual execution of this Lease (such date, the “Target Commencement Date”), but this Lease shall not be void, voidable or subject to termination, nor shall Landlord be liable to Tenant for any loss or damage, resulting from Landlord’s inability to deliver the Premises to Tenant by any particular date, except as hereinafter provided. Notwithstanding anything to the contrary in this Lease, if the Lease Commencement Date does not occur within 60 days after the Target Commencement Date, other than due to Tenant Delay (as defined in the Tenant Work Letter) or Force Majeure, then Tenant, at its option, may terminate this Lease by written notice to Landlord given at any time after the expiration of such 60-day period but before the Lease Commencement Date actually occurs. In the event of such termination by Xxxxxx, the first month’s Base Rent, Xxxxxx’s Share of Direct Expenses paid by Tenant and the Security Deposit shall be fully refunded to Tenant (subject to Xxxxxxxx’s right to draw upon such Security Deposit as provided in Article 21 below) and neither party shall have any further obligations hereunder. At any time during the Lease Term, Landlord may deliver to Tenant a notice in the form as set forth in Exhibit “C”, attached hereto, as a confirmation only of the information set forth therein, which Tenant shall (absent manifest error) execute and return to Landlord within five (5) business days of receipt thereof.

Initial Lease Term. The terms and provisions of this Lease shall be effective as of the date of this Lease except for the provisions of this Lease relating to the payment of RentLease. The term of this Lease (the “Lease Term”) shall be as set forth in Section 3.1 of the Summary, shall commence on the date set forth in Section 3.2 of the Summary (the “Lease Commencement Date”) that is the earlier to occur of (i) the date Tenant commences to conduct business in any portion of the Premises, and (ii) the of “Substantial Completion”, as that term is defined in this Article 2, of the Premises by Landlord), and shall terminate on the date determined set forth in accordance with Section 3.3 of the Summary (the “Lease Expiration Date”) unless this Lease is sooner terminated as hereinafter provided. For purposes of this Lease, the term “Substantial Completion” of the Premises shall occur upon the completion of construction, as reasonably determined by Landlord, of the “Tenant Improvements,” as that term is defined in the Tenant Work Letter, in the Premises pursuant to the plans and drawings which are prepared and approved pursuant to the terms of the Tenant Work Letter and the issuance of a temporary certificate of occupancy or legal equivalent, with the exception of any Punchlist Items (as defined below) and any Tenant fixtures, work-stations, built-in furniture, or equipment to be installed by Tenant or under the supervision of Contractor (as defined in Section 3 of the Tenant Work Letter). “Punchlist ItemsLease Year” shall mean only commercially reasonable punchlist itemseach consecutive twelve (12) month period during the Lease Term; provided, however, that the non-completion of which does not prevent the issuance of a temporary certificate of occupancy or legal equivalent or unreasonably interfere with Tenant’s use or occupancy of the Premises, and which punchlist items first Lease Year shall be corrected promptly by Landlord (within thirty (30) days following Xxxxxxxx’s receipt of written notice thereof from Tenant) without unreasonable interference with Xxxxxx’s use of or access to or from the Premises. It is anticipated that commence on the Lease Commencement Date will occur within sixteen (16) weeks after mutual execution and end on the last day of this the eleventh full calendar month thereafter and the second and each succeeding Lease (such date, Year shall commence on the “Target Commencement Date”), but this first day of the next calendar month; and further provided that the last Lease Year shall not be void, voidable or subject to termination, nor shall Landlord be liable to Tenant for any loss or damage, resulting from Landlord’s inability to deliver the Premises to Tenant by any particular date, except as hereinafter provided. Notwithstanding anything to the contrary in this Lease, if end on the Lease Commencement Date does not occur within 60 days after the Target Commencement Expiration Date, other than due to Tenant Delay (as defined in the Tenant Work Letter) or Force Majeure, then Tenant, at its option, may terminate this Lease by written notice to Landlord given at any time after the expiration of such 60-day period but before the Lease Commencement Date actually occurs. In the event of such termination by Xxxxxx, the first month’s Base Rent, Xxxxxx’s Share of Direct Expenses paid by Tenant and the Security Deposit shall be fully refunded to Tenant (subject to Xxxxxxxx’s right to draw upon such Security Deposit as provided in Article 21 below) and neither party shall have any further obligations hereunder. At any time during the Lease Term, Landlord may deliver to Tenant a notice in the form as set forth in Exhibit “C”, attached heretohereto (the “Notice of Lease Term Dates”), as a confirmation only of the information set forth therein, which Tenant shall (absent manifest error) execute and return to Landlord within five (5) business days of receipt thereof, and thereafter the dates set forth on such notice shall be conclusive and binding upon Tenant; provided, however, that all information set forth in any Notice of Lease Term Dates shall be consistent with the terms and conditions of this Lease, and such Notice of Lease Term Dates shall not constitute an amendment hereto. Failure of Tenant to timely execute and deliver the Notice of Lease Term Dates shall constitute an acknowledgment by Tenant that the statements included in such notice are true and correct, without exception. Tenant and its authorized agents, contractors, subcontractors and employees shall be granted a license by Landlord to enter upon the Premises, at Tenant’s sole risk and expense, at least four (4) months prior to the Lease Commencement Date for the purpose of constructing the Tenant Improvements (as defined below) and installing furniture, fixtures and equipment; provided, however, that (a) the provisions of this Lease, other than with respect to the payment of Base Rent and Building Direct Expenses (as defined below), shall apply during such early entry, including, but not limited to, the provisions of Section 10.1 relating to Tenant’s indemnification of the Landlord Parties (as defined below), (b) prior to any such entry, Tenant shall pay for and provide evidence of the insurance to be provided by Tenant pursuant to the provisions of Article 10, (c) Tenant shall pay all utility, service and maintenance charges for the Premises attributable to Tenant’s early entry and use of the Premises as reasonably determined by Landlord, and (d) prior to such entry, Tenant shall have delivered to Landlord an executed original of this Lease and payment in an amount equal to: (i) Base Rent for the first (1st) month of the Lease Term in which Base Rent is due, plus (ii) Building Direct Expenses for the first (1st) months of the Lease Term in which Building Direct Expenses are due, plus (iii) the Security Deposit set forth in Section 8 of the Summary. Upon Tenant’s breach of any of the foregoing conditions, Landlord may, in addition to exercising any of its other rights and remedies set forth herein, revoke such license upon Notice to Tenant.

Initial Lease Term. The terms and provisions of this Lease shall be effective as of the date of this Lease except for the provisions of this Lease relating to the payment of Rent. The term of this Lease (the “Lease Term”) shall be as set forth in Section 3.1 of the Summary, shall commence on the date (the “Lease Commencement Date”) that is the earlier to occur of (i) the date Tenant commences to conduct business in any portion of the Premises, and (ii) the of “Substantial Completion”, as that term is defined in this Article 2, of the Premises by Landlord, and shall terminate on the date determined in accordance with Section 3.3 of the Summary (the “Lease Expiration Date”) unless this Lease is sooner terminated as hereinafter provided. For purposes of this Lease, “Substantial Completion” of the Premises shall occur upon the completion of construction, as reasonably determined by Landlord, of the “Tenant Improvements,” as that term is defined in the Tenant Work Letter, in the Premises pursuant to the plans and drawings which are prepared and approved pursuant to the terms of the Tenant Work Letter and the issuance of a temporary certificate of occupancy or legal equivalent, with the exception of any Punchlist Items (as defined below) and any Tenant fixtures, work-stations, built-in furniture, or equipment to be installed by Tenant or under the supervision of Contractor (as defined in Section 3 of the Tenant Work Letter). “Punchlist Items” shall mean only commercially reasonable punchlist items, the non-completion of which does not prevent the issuance of a temporary certificate of occupancy or legal equivalent or unreasonably interfere with Tenant’s use or occupancy of the Premises, and which punchlist items shall be corrected promptly by Landlord (within thirty (30) days following XxxxxxxxLandlord’s receipt of written notice thereof from Tenant) without unreasonable interference with XxxxxxTenant’s use of or access to or from the Premises. It is anticipated that the Lease Commencement Date will occur within sixteen (16) weeks after mutual execution of this Lease (such date, the “Target Commencement Date”), but this Lease shall not be void, voidable or subject to termination, nor shall Landlord be liable to Tenant for any loss or damage, resulting from Landlord’s inability to deliver the Premises to Tenant by any particular date, except as hereinafter provided. Notwithstanding anything to the contrary in this Lease, if the Lease Commencement Date does not occur within 60 days after the Target Commencement Date, other than due to Tenant Delay (as defined in the Tenant Work Letter) or Force Majeure, then Tenant, at its option, may terminate this Lease by written notice to Landlord given at any time after the expiration of such 60-day period but before the Lease Commencement Date actually occurs. In the event of such termination by XxxxxxTenant, the first month’s Base Rent, XxxxxxTenant’s Share of Direct Expenses paid by Tenant and the Security Deposit shall be fully refunded to Tenant (subject to XxxxxxxxLandlord’s right to draw upon such Security Deposit as provided in Article 21 below) and neither party shall have any further obligations hereunder. At any time during the Lease Term, Landlord may deliver to Tenant a notice in the form as set forth in Exhibit “C”, attached hereto, as a confirmation only of the information set forth therein, which Tenant shall (absent manifest error) execute and return to Landlord within five (5) business days of receipt thereof.

Initial Lease Term. The terms and provisions of this Lease shall be effective as of the date of this Lease except for the provisions of this Lease relating to the payment of RentLease. The term of this Lease (the “"Lease Term”") shall be as set forth in Section 3.1 of the Summary, shall commence on the date set forth in Section 3.2 of the Summary (the “"Lease Commencement Date”) that is the earlier to occur of (i) the date Tenant commences to conduct business in any portion of the Premises, and (ii) the of “Substantial Completion”, as that term is defined in this Article 2, of the Premises by Landlord"), and shall terminate on the date determined set forth in accordance with Section 3.3 of the Summary (the “"Lease Expiration Date”") unless this Lease is sooner terminated as hereinafter provided. If Landlord is unable for any reason to deliver possession of the Premises to Tenant on any specific date, then Landlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Lease or the obligations of Tenant hereunder. For purposes of this Lease, “Substantial Completion” of the Premises shall occur upon the completion of construction, as reasonably determined by Landlord, of the “Tenant Improvements,” as that term is defined in the Tenant Work Letter, in the Premises pursuant to the plans and drawings which are prepared and approved pursuant to the terms of the Tenant Work Letter and the issuance of a temporary certificate of occupancy or legal equivalent, with the exception of any Punchlist Items (as defined below) and any Tenant fixtures, work-stations, built-in furniture, or equipment to be installed by Tenant or under the supervision of Contractor (as defined in Section 3 of the Tenant Work Letter). “Punchlist Items” "Lease Year" shall mean only commercially reasonable punchlist itemseach consecutive twelve (12) calendar month period during the Lease Term; provided, however, that the non-completion of which does not prevent the issuance of a temporary certificate of occupancy or legal equivalent or unreasonably interfere with Tenant’s use or occupancy of the Premises, and which punchlist items first Lease Year shall be corrected promptly by Landlord (within thirty (30) days following Xxxxxxxx’s receipt of written notice thereof from Tenant) without unreasonable interference with Xxxxxx’s use of or access to or from the Premises. It is anticipated that commence on the Lease Commencement Date will occur within sixteen and end on the last day of the month in which the first anniversary of the Lease Commencement Date occurs (16) weeks after mutual execution of this Lease (such date, the “Target Commencement Date”), but this Lease shall not be void, voidable or subject to termination, nor shall Landlord be liable to Tenant for any loss or damage, resulting from Landlord’s inability to deliver the Premises to Tenant by any particular date, except as hereinafter provided. Notwithstanding anything to the contrary in this Lease, if the Lease Commencement Date does not occur within 60 days after is the Target Commencement Date, other than due to Tenant Delay (as defined in the Tenant Work Letter) or Force Majeurefirst day of a calendar month, then Tenant, at its option, may terminate this the first Lease by written notice to Landlord given at any time after the expiration of such 60-day period but before Year shall commence on the Lease Commencement Date actually occurs. In and end on the event of such termination by Xxxxxx, day immediately preceding the first month’s Base Rentanniversary of the Lease Commencement Date), Xxxxxx’s Share of Direct Expenses paid by Tenant and the Security Deposit second and each succeeding Lease Year shall be fully refunded to Tenant (subject to Xxxxxxxx’s right to draw upon such Security Deposit as commence on the first day of the next calendar month; and further provided in Article 21 below) and neither party that the last Lease Year shall have any further obligations hereunderend on the Lease Expiration Date. At any time during the Lease Term, Landlord may deliver to Tenant a notice in the form as set forth in Exhibit “C”, attached hereto, as a confirmation only of the information set forth therein, which Tenant shall (absent manifest error) execute and return to Landlord within five (5) business days of receipt thereof. Tenant's failure to execute and return such notice to Landlord within such time shall be conclusive upon Tenant that the information set forth in such notice is as specified therein.

Initial Lease Term. The terms and provisions of this Lease shall be effective as of the date of this Lease except for the provisions of this Lease relating to the payment of RentLease. The term of this Lease (the “Lease Term”) shall be as set forth in Section 3.1 of the Summary, shall commence on the date set forth in Section 3.2 of the Summary (the “Lease Commencement Date”) that is the earlier to occur of (i) the date Tenant commences to conduct business in any portion of the Premises, and (ii) the of “Substantial Completion”, as that term is defined in this Article 2, of the Premises by Landlord), and shall terminate on the date determined set forth in accordance with Section 3.3 of the Summary (the “Lease Expiration Date”) unless this Lease is sooner terminated as hereinafter provided. For purposes of this LeaseNotwithstanding the foregoing to the contrary, “Substantial Completion” Tenant hereby acknowledges that the Premises are currently occupied by an existing tenant, and that Landlord shall have no liability to Tenant for any damages resulting from any delay in delivering possession of the Premises shall occur upon to Tenant on any particular delivery date designated by Landlord or designated in this Lease if such delay is caused by the completion holding over of constructionthe prior tenant, as reasonably determined by and further provided that Landlord, at its expense, shall take all actions reasonably necessary to secure possession of the Premises (provided, however, in no event shall Landlord be required to instigate legal proceedings). In the event Landlord fails to deliver the Premises to Tenant on or before May 1, 2002, then, for each day Landlord delays in delivering the Premises to Tenant, Tenant shall receive a rent credit in the amount of Three Hundred Thirty-Six and No/100 Dollars ($336.00) per day. Notwithstanding the foregoing, in the event Landlord fails to deliver the Premises to Tenant on or before July 1, 2002 (which date shall be extended as a result of any “Tenant ImprovementsForce Majeure,” as that term is defined in the Tenant Work LetterSection 29.16, in the Premises pursuant to the plans and drawings which are prepared and approved pursuant to the terms of the Tenant Work Letter and the issuance of a temporary certificate of occupancy or legal equivalent, with the exception of any Punchlist Items (as defined below) and any Tenant fixtures, work-stations, built-in furniture, or equipment to be installed by Tenant or under the supervision of Contractor (as defined in Section 3 of the Tenant Work Letter). “Punchlist Items” shall mean only commercially reasonable punchlist items, the non-completion of which does not prevent the issuance of a temporary certificate of occupancy or legal equivalent or unreasonably interfere with Tenant’s use or occupancy of the Premises, and which punchlist items shall be corrected promptly by Landlord (within thirty (30) days following Xxxxxxxx’s receipt of written notice thereof from Tenant) without unreasonable interference with Xxxxxx’s use of or access to or from the Premises. It is anticipated that the Lease Commencement Date will occur within sixteen (16) weeks after mutual execution of this Lease (such date, the “Target Commencement Outside Date”), but this Lease Tenant shall not be voidhave the right, voidable or subject in Tenant’s discretion, to termination, nor shall Landlord be liable to Tenant for any loss or damage, resulting from Landlord’s inability to deliver the Premises to Tenant by any particular date, except as hereinafter provided. Notwithstanding anything to the contrary in this Lease, if the Lease Commencement Date does not occur within 60 days after the Target Commencement Date, other than due to Tenant Delay (as defined in the Tenant Work Letter) or Force Majeure, then Tenant, at its option, may terminate this Lease by providing written notice to Landlord given at any time after the expiration of such 60-day period but before the Lease Commencement Date actually occurs. In the event of such termination by Xxxxxx, the first month’s Base Rent, Xxxxxx’s Share of Direct Expenses paid election by Tenant and to termination this Lease (the Security Deposit shall be fully refunded to Tenant (subject to Xxxxxxxx’s right to draw upon such Security Deposit as provided in Article 21 below) and neither party shall have any further obligations hereunder. At any time during the Lease Term, Landlord may deliver to Tenant a notice in the form as set forth in Exhibit “CTermination Notice”, attached hereto, as a confirmation only of the information set forth therein), which Tenant shall (absent manifest error) execute and return to Landlord within Termination Notice must be given, if at all, no later than five (5) business days after the Outside Date. Upon the proper delivery by Tenant of receipt thereof.the Termination Notice, this Lease shall automatically terminate and be of no further force or effect, and Landlord and Tenant shall be

Initial Lease Term. The terms and provisions of this Lease shall be effective as of the date of this Lease except for the provisions of this Lease relating to the payment of Rent. The term of this Lease (the “Lease Term”) shall be as set forth in Section 3.1 7.1 of the Summary, Summary and shall commence on the date (the “Lease Commencement Date”) that is the earlier to occur of (i) the date Tenant commences to conduct business Date described in any portion Section 7.2 of the Premises, and (ii) the of “Substantial Completion”, as that term is defined in this Article 2, of the Premises by Landlord, Summary and shall terminate on the date determined Lease Expiration Date set forth in accordance with Section 3.3 7.4 of the Summary (the “Lease Expiration Date”) Summary, unless this Lease is sooner terminated or extended as hereinafter provided. For purposes of this Lease, “Substantial Completion” of the Premises shall occur upon the completion of construction, as reasonably determined by Landlord, of the “Tenant Improvements,” as that term is defined in the Tenant Work Letter, in the Premises pursuant to the plans and drawings which are prepared and approved pursuant to the terms of the Tenant Work Letter and the issuance of a temporary certificate of occupancy or legal equivalent, with the exception of any Punchlist Items (as defined below) and any Tenant fixtures, work-stations, built-in furniture, or equipment to be installed by Tenant or under the supervision of Contractor (as defined in Section 3 of the Tenant Work Letter). “Punchlist Items” shall mean only commercially reasonable punchlist items, the non-completion of which If Landlord does not prevent the issuance deliver possession of a temporary certificate of occupancy or legal equivalent or unreasonably interfere with Tenant’s use or occupancy of the Premises, and which punchlist items shall be corrected promptly by Landlord (within thirty (30) days following Xxxxxxxx’s receipt of written notice thereof from Tenant) without unreasonable interference with Xxxxxx’s use of or access to or from the Premises. It is anticipated that the Lease Commencement Date will occur within sixteen (16) weeks after mutual execution of this Lease (such date, the “Target Commencement Date”), but this Lease shall not be void, voidable or subject to termination, nor shall Landlord be liable to Tenant for any loss or damage, resulting from Landlord’s inability to deliver the Premises to Tenant by on or before the Anticipated Lease Commencement Date (as set forth in Section 7.2 of the Summary) or any particular other date, except as hereinafter providedLandlord shall not be subject to any liability nor shall the validity of this Lease nor the obligations of Tenant hereunder be affected. Notwithstanding the foregoing provisions of this Section 2.1 or anything else in this Lease to the contrary in this Leasecontrary, if the Lease Commencement Date does not occur within 60 days after the Target Commencement Date, prior to April 1,2013 for any reason other than due to Tenant Delay (as defined in the Tenant Work Letter) or Force Majeure, then delays caused by Tenant, at its optionTenant shall have the right, may as Tenant’s sole and exclusive remedy for a delivery failure, to terminate this Lease by written notice to Landlord given at any time after the expiration of such 60-day period but before delivered prior to the Lease Commencement Date actually occurs. In the event of and upon such termination by Xxxxxx, the first month’s Base Rent, Xxxxxx’s Share of Direct Expenses paid by Tenant and the Security Deposit all sums previously deposited with Landlord shall be fully refunded to Tenant (subject to Xxxxxxxx’s right to draw upon such Security Deposit as provided in Article 21 below) and neither party thereafter the parties shall have any no further rights or obligations hereunderhereunder (except to the extent otherwise expressly set forth herein). At any Within a reasonable period of time during after the Lease Term, date Tenant takes possession of the Premises Landlord may shall deliver to Tenant a notice Commencement Date Memorandum in the form attached hereto as set forth in Exhibit “C”, attached hereto, as a confirmation only of setting forth the information Lease Commencement Date, the Rent Commencement Date and the Lease Expiration Date, and Tenant shall execute and return such amendment to Landlord within ten (10) days after Tenant’s receipt thereof. If Tenant fails to execute and return the amendment within such 10-day period, Tenant shall be deemed to have approved and confirmed the dates set forth therein, which provided that such deemed approval shall not relieve Tenant shall (absent manifest error) of its obligation to execute and return to Landlord within five (5) business days of receipt thereofthe amendment.

Initial Lease Term. The terms and provisions of this Lease shall be effective as of the date of this Lease except for the provisions of this Lease relating to the payment of RentLease. The term of this Lease (the “"Lease Term”") shall be commence on the "Lease Commencement Date," as that term is set forth in Section 3.1 3.2 of the Summary, shall commence on the date (the “Lease Commencement Date”) that is the earlier to occur of (i) the date Tenant commences to conduct business in any portion of the Premises, and (ii) the of “Substantial Completion”, as that term is defined in this Article 2, of the Premises by Landlord, and shall terminate on the date determined "Lease Expiration Date," as that term is set forth in accordance with Section 3.3 of the Summary (the “Lease Expiration Date”) Summary, unless this Lease is sooner terminated or extended as hereinafter provided. This Lease is effective and binding upon Landlord and Tenant upon mutual execution and delivery hereof, notwithstanding the later Lease Commencement Date. For purposes of this Lease, “Substantial Completion” of the Premises shall occur upon the completion of construction, as reasonably determined by Landlord, of the “Tenant Improvements,” as that term is defined in the Tenant Work Letter, in the Premises pursuant to the plans and drawings which are prepared and approved pursuant to the terms of the Tenant Work Letter and the issuance of a temporary certificate of occupancy or legal equivalent, with the exception of any Punchlist Items (as defined below) and any Tenant fixtures, work-stations, built-in furniture, or equipment to be installed by Tenant or under the supervision of Contractor (as defined in Section 3 of the Tenant Work Letter). “Punchlist Items” "Lease Year" shall mean only commercially reasonable punchlist itemseach consecutive twelve (12) month period during the Lease Term; provided, however the non-completion of which does not prevent the issuance of a temporary certificate of occupancy or legal equivalent or unreasonably interfere with Tenant’s use or occupancy of the Premises, and which punchlist items first Lease Year shall be corrected promptly by Landlord (within thirty (30) days following Xxxxxxxx’s receipt of written notice thereof from Tenant) without unreasonable interference with Xxxxxx’s use of or access to or from the Premises. It is anticipated that commence on the Lease Commencement Date will occur within sixteen and end on the last day of the twelfth (1612th) weeks after mutual execution of this Lease (such date, the “Target Commencement Date”), but this Lease shall not be void, voidable or subject to termination, nor shall Landlord be liable to Tenant for any loss or damage, resulting from Landlord’s inability to deliver the Premises to Tenant by any particular date, except as hereinafter provided. Notwithstanding anything to the contrary in this Lease, if the Lease Commencement Date does not occur within 60 days after the Target Commencement Date, other than due to Tenant Delay (as defined in the Tenant Work Letter) or Force Majeure, then Tenant, at its option, may terminate this Lease by written notice to Landlord given at any time after the expiration of such 60-day period but before the Lease Commencement Date actually occurs. In the event of such termination by Xxxxxx, the first month’s Base Rent, Xxxxxx’s Share of Direct Expenses paid by Tenant and the Security Deposit shall be fully refunded to Tenant (subject to Xxxxxxxx’s right to draw upon such Security Deposit as provided in Article 21 below) and neither party shall have any further obligations hereunderfull calendar month thereafter. At any time during the Lease Term, Landlord may deliver to Tenant a notice in the form as set forth in Exhibit “C”, attached hereto, as a confirmation only of the information set forth therein, which Tenant shall (absent manifest error) execute and return to Landlord within five ten (510) business days of receipt thereof; provided that if such notice is not factually correct, then Tenant shall make such changes as are necessary to make such notice factually correct and shall thereafter return such notice to Landlord within said ten (10) business day period. Tenant's failure to execute and return such notice to Landlord within such time shall be conclusive upon Tenant that the information set forth in such notice is as specified therein.

Initial Lease Term. The terms and provisions of this Lease shall be effective as of the date of this Lease except for the provisions of this Lease relating to the payment of Rent. The term of this Lease (the “"Lease Term”") shall be as set forth in Section 3.1 7.1 of the Summary, Summary and shall commence on the date (the “"Lease Commencement Date”") that is the earlier to occur of (i) the date Tenant commences to conduct business set forth in any portion Section 7.2 of the PremisesSummary (subject, and (ii) however, to the of “Substantial Completion”, as that term is defined in this Article 2, terms of the Premises by LandlordTenant Work Letter), and shall terminate on the date determined in accordance with Section 3.3 of the Summary (the “"Lease Expiration Date”") set forth in Section 7.3 of the Summary, unless this Lease is sooner terminated as hereinafter provided. For purposes of this Lease, “Substantial Completion” the term "Lease Year" shall mean each consecutive twelve (12) month period during the Lease Term. If Landlord does not deliver possession of the Premises shall occur upon the completion to Tenant, in a state of construction, Substantial Completion (as reasonably determined by Landlord, of the “Tenant Improvements,” as that such capitalized term is defined in Exhibit B hereto) on or before the Tenant Work Letter, anticipated Lease Commencement Date (as set forth in the Premises pursuant to the plans and drawings which are prepared and approved pursuant to the terms Section 7.2(ii) of the Summary), Landlord shall not be subject to any liability nor shall the validity of this Lease nor the obligations of Tenant Work Letter and hereunder be affected. In the issuance of a temporary certificate of occupancy or legal equivalent, with the exception of any Punchlist Items (as defined below) and any Tenant fixtures, work-stations, built-in furniture, or equipment to be installed by Tenant or under the supervision of Contractor (as defined in Section 3 of the Tenant Work Letter). “Punchlist Items” shall mean only commercially reasonable punchlist items, the non-completion of which does not prevent the issuance of a temporary certificate of occupancy or legal equivalent or unreasonably interfere with Tenant’s use or occupancy of the Premises, and which punchlist items shall be corrected promptly by Landlord (within thirty (30) days following Xxxxxxxx’s receipt of written notice thereof from Tenant) without unreasonable interference with Xxxxxx’s use of or access to or from the Premises. It is anticipated event that the Lease Commencement Date will occur is a date which is other than the anticipated Lease Commencement Date set forth in Section 7.2(ii) of the Summary, within sixteen (16) weeks a reasonable period of time after mutual execution the date Tenant takes possession of this Lease (such datethe Premises, the “Target Commencement Date”), but this Lease Landlord shall not be void, voidable or subject to termination, nor shall Landlord be liable deliver to Tenant for any loss or damagea confirmation to lease in the form attached hereto as Exhibit C, resulting from Landlord’s inability to deliver the Premises to Tenant by any particular dateattached hereto, except as hereinafter provided. Notwithstanding anything to the contrary in this Leasesetting forth, if among other things, the Lease Commencement Date does not occur within 60 days after and the Target Commencement Lease Expiration Date, other than due to Tenant Delay (as defined in the Tenant Work Letter) or Force Majeure, then Tenant, at its option, may terminate this Lease by written notice to Landlord given at any time after the expiration of such 60-day period but before the Lease Commencement Date actually occurs. In the event of such termination by Xxxxxx, the first month’s Base Rent, Xxxxxx’s Share of Direct Expenses paid by Tenant and the Security Deposit shall be fully refunded to Tenant (subject to Xxxxxxxx’s right to draw upon such Security Deposit as provided in Article 21 below) and neither party shall have any further obligations hereunder. At any time during the Lease Term, Landlord may deliver to Tenant a notice in the form as set forth in Exhibit “C”, attached hereto, as a confirmation only of the information set forth therein, which Tenant shall (absent manifest error) execute and return such confirmation to Landlord within five (5) business days of after Xxxxxx's receipt thereof. Notwithstanding anything set forth herein to the contrary, Landlord shall employ commercially reasonable best efforts to deliver possession of the Premises to Tenant, in a state of Substantial Completion, by the anticipated Lease Commencement Date set forth in Section 7.2(ii) of the Summary.

Initial Lease Term. The terms TCCs and provisions of this Lease shall be effective as of the date of this Lease except for the provisions of this Lease relating to the payment of RentLease. The term of this Lease (the “Lease Term”) shall be as set forth in Section 3.1 of the Summary, shall commence on the Building A Lease Commencement Date with respect to the Building A Premises and shall commence on the Building B Lease Commencement date with respect to the Building B Premises (the Building A Lease Commencement Date and the Building B Lease Commencement Date may each be referred to herein as the “Lease Commencement Date”) that is the earlier to occur of (i) the date Tenant commences to conduct business in any portion of the Premises, and (ii) the of “Substantial Completion”, as that term is defined in this Article 2, of the Premises by Landlord), and shall terminate on the date determined set forth in accordance with Section 3.3 of the Summary (the “Lease Expiration Date”) unless this Lease is sooner terminated as hereinafter providedprovided or extended pursuant to Section 2.2 below. Notwithstanding any provision to the contrary set forth in this Lease, Tenant shall have the right to occupy the Premises prior to the applicable Lease Commencement Date for the conduct of its business, provided that (A) a temporary certificate of occupancy or its equivalent shall have been issued by the appropriate governmental authorities for each such portion to be occupied, and (B) all of the TCCs of this Lease shall apply as though the applicable Lease Commencement Date had occurred (although the applicable Lease Commencement Date shall not actually occur until the occurrence of the same pursuant to the TCCs of the second sentence of this Section 2.1) upon such occupancy of a portion of the Premises by Tenant, the parties acknowledging that during any such period of early occupancy Tenant shall be obligated to pay (i) Base Rent, (ii) Tenant’s Share of the annual Direct Expenses and (iii) any other Additional Rent due under this Lease, applicable to the entirety of any floor (including any portion thereof) of the Premises occupied by Tenant prior to the applicable Lease Commencement Date for the conduct of its business, notwithstanding the Rent Abatement set forth in Section 3.2 below. Tenant’s entry into the Premises for the purposes of designing, constructing and installing the Improvements or installing and testing furniture, fixtures, and equipment in the Premises, shall not constitute the conduct of business by Tenant for purposes of the preceding sentence. For purposes of this Lease, the term “Substantial Completion” of the Premises shall occur upon the completion of construction, as reasonably determined by Landlord, of the “Tenant Improvements,” as that term is defined in the Tenant Work Letter, in the Premises pursuant to the plans and drawings which are prepared and approved pursuant to the terms of the Tenant Work Letter and the issuance of a temporary certificate of occupancy or legal equivalent, with the exception of any Punchlist Items (as defined below) and any Tenant fixtures, work-stations, built-in furniture, or equipment to be installed by Tenant or under the supervision of Contractor (as defined in Section 3 of the Tenant Work Letter). “Punchlist ItemsBuilding A Lease Year” shall mean only commercially reasonable punchlist itemseach consecutive twelve (12) calendar month period during the Lease Term; provided, the non-completion of which does not prevent the issuance of a temporary certificate of occupancy or legal equivalent or unreasonably interfere with Tenant’s use or occupancy of the Premiseshowever, and which punchlist items shall be corrected promptly by Landlord (within thirty (30) days following Xxxxxxxx’s receipt of written notice thereof from Tenant) without unreasonable interference with Xxxxxx’s use of or access to or from the Premises. It is anticipated that the first Building A Lease Year shall commence on the Building A Lease Commencement Date will occur within sixteen (16) weeks after mutual execution and end on the last day of this Lease (such date, the “Target Commencement Date”), but this Lease shall not be void, voidable or subject to termination, nor shall Landlord be liable to Tenant for any loss or damage, resulting from Landlord’s inability to deliver month in which the Premises to Tenant by any particular date, except as hereinafter provided. Notwithstanding anything to first anniversary of the contrary in this Lease, if the Building A Lease Commencement Date does not occur within 60 days after occurs (or if the Target Commencement Date, other than due to Tenant Delay (as defined in the Tenant Work Letter) or Force Majeure, then Tenant, at its option, may terminate this Lease by written notice to Landlord given at any time after the expiration of such 60-day period but before the Building A Lease Commencement Date actually occurs. In the event of such termination by Xxxxxx, is the first day of a calendar month’s Base Rent, Xxxxxx’s Share then the first Building A Lease Year shall commence on the Building A Lease Commencement Date and end on the day immediately preceding the first anniversary of Direct Expenses paid by Tenant the Building A Lease Commencement Date), and the Security Deposit second and each succeeding Building A Lease Year shall be fully refunded to Tenant (subject to Xxxxxxxx’s right to draw upon such Security Deposit as commence on the first day of the next calendar month; and further provided in Article 21 below) and neither party that the last Building A Lease Year shall have any further obligations hereunderend on the Lease Expiration Date. At any time during the Lease Term, Landlord may deliver to Tenant a notice in the form as set forth in Exhibit “C”, attached hereto, as a confirmation only of the information set forth therein, which Tenant shall (absent manifest error) execute and return to Landlord within five ten (510) business days of receipt thereof, provided that if such notice is not factually correct, then Tenant shall make such changes as are necessary to make such notice factually correct and shall thereafter return such notice to Landlord within said ten (10) business day period.

Initial Lease Term. The terms and provisions of this Lease shall be effective as of the date of this Lease except for the provisions of this Lease relating to the payment of “Rent,” as that term is defined in Section 4.1, below. The term of this Lease (the “Lease Term”) shall be as set forth in Section 3.1 7.1 of the Summary, Summary and shall commence on the date (the “Lease Commencement Date”) that is the earlier to occur of (i) the date Tenant commences to conduct business set forth in any portion Section 7.2 of the Premises, and Summary (ii) subject to the of “Substantial Completion”, as that term is defined in this Article 2, terms of the Premises by Landlord, Tenant Work Letter) and shall terminate on the date determined in accordance with Section 3.3 of the Summary (the “Lease Expiration Date”) set forth in Section 7.3 of the Summary, unless this Lease is sooner terminated or extended as hereinafter provided. For purposes of this Lease, the term “Substantial Completion” of the Premises shall occur upon the completion of construction, as reasonably determined by Landlord, of the “Tenant Improvements,” as that term is defined in the Tenant Work Letter, in the Premises pursuant to the plans and drawings which are prepared and approved pursuant to the terms of the Tenant Work Letter and the issuance of a temporary certificate of occupancy or legal equivalent, with the exception of any Punchlist Items (as defined below) and any Tenant fixtures, work-stations, built-in furniture, or equipment to be installed by Tenant or under the supervision of Contractor (as defined in Section 3 of the Tenant Work Letter). “Punchlist ItemsLease Year” shall mean only commercially reasonable punchlist itemseach consecutive twelve (12) month period during the Lease Term, the non-completion of which does not prevent the issuance of a temporary certificate of occupancy or legal equivalent or unreasonably interfere with Tenant’s use or occupancy of the Premises, and which punchlist items shall be corrected promptly by Landlord (within thirty (30) days following Xxxxxxxx’s receipt of written notice thereof from Tenant) without unreasonable interference with Xxxxxx’s use of or access to or from the Premises. It is anticipated that commencing on the Lease Commencement Date will occur within sixteen (16) weeks after mutual execution of this Lease (such date, and ending on the “Target Commencement Date”), but this Lease shall not be void, voidable or subject to termination, nor shall Landlord be liable to Tenant for any loss or damage, resulting from Landlord’s inability to deliver the Premises to Tenant by any particular date, except as hereinafter provided. Notwithstanding anything to the contrary in this Lease, if the Lease Commencement Date does not occur within 60 days after the Target Commencement Date, other than due to Tenant Delay (as defined in the Tenant Work Letter) or Force Majeure, then Tenant, at its option, may terminate this Lease by written notice to Landlord given at any time after the expiration of such 60-day period but before the Lease Commencement Date actually occurs. In the event of such termination by Xxxxxx, the first month’s Base Rent, Xxxxxx’s Share of Direct Expenses paid by Tenant and the Security Deposit shall be fully refunded to Tenant (subject to Xxxxxxxx’s right to draw upon such Security Deposit as provided in Article 21 below) and neither party shall have any further obligations hereundereach anniversary thereof. At any time during the Lease Term, Landlord may deliver to Tenant a factually correct notice of Lease Term dates in the form as set forth in Exhibit “C”, attached hereto, as a confirmation only of the information set forth therein, which notice Tenant shall (absent manifest error) execute and return to Landlord within five (5) business days of receipt thereof. Notwithstanding the foregoing, Tenant shall be entitled to occupancy of the Premises when the same are “Ready for Occupancy” (as defined in Section 5.01 of the Tenant Work Letter), and further Tenant shall be allowed to early entry to the Premises in accordance with the terms of Section 6.1 of the Tenant Work Letter for the purposes described therein.

Initial Lease Term. The terms and provisions of this Lease shall be effective as of the date of this Lease except for the provisions of this Lease relating to the payment of "Rent," as that term is defined in Section 4.1, ----------- below. The term of this Lease (the “"Lease Term”") shall be as set forth in Section 3.1 7.1 of the Summary, Summary and shall commence on the date (the “"Lease ----------- Commencement Date”") that is the earlier to occur of (i) the date Tenant commences to conduct business set forth in any portion Section 7.2 of the Premises, and Summary (ii) subject to the of “Substantial Completion”, as that term is defined in this Article 2, ----------- terms of the Premises by Landlord, Tenant Work Letter) and shall terminate on the date determined in accordance with Section 3.3 of the Summary (the “"Lease Expiration Date”") set forth in Section 7.3 of the Summary, unless this Lease is sooner ----------- terminated or extended as hereinafter provided. For purposes of this Lease, “Substantial Completion” of the Premises shall occur upon the completion of construction, as reasonably determined by Landlord, of the “Tenant Improvements,” as that term is defined in the Tenant Work Letter, in the Premises pursuant to the plans and drawings which are prepared and approved pursuant to the terms of the Tenant Work Letter and the issuance of a temporary certificate of occupancy or legal equivalent, with the exception of any Punchlist Items (as defined below) and any Tenant fixtures, work-stations, built-in furniture, or equipment to be installed by Tenant or under the supervision of Contractor (as defined in Section 3 of the Tenant Work Letter). “Punchlist Items” "Lease Year" shall mean only commercially reasonable punchlist items, the non-completion of which does not prevent the issuance of a temporary certificate of occupancy or legal equivalent or unreasonably interfere with Tenant’s use or occupancy of the Premises, and which punchlist items shall be corrected promptly by Landlord consecutive twelve (within thirty (3012) days following Xxxxxxxx’s receipt of written notice thereof from Tenant) without unreasonable interference with Xxxxxx’s use of or access to or from the Premises. It is anticipated that month period during the Lease Commencement Date will occur within sixteen (16) weeks after mutual execution of this Lease (such date, the “Target Commencement Date”), but this Lease shall not be void, voidable or subject to termination, nor shall Landlord be liable to Tenant for any loss or damage, resulting from Landlord’s inability to deliver the Premises to Tenant by any particular date, except as hereinafter provided. Notwithstanding anything to the contrary in this Lease, if the Lease Commencement Date does not occur within 60 days after the Target Commencement Date, other than due to Tenant Delay (as defined in the Tenant Work Letter) or Force Majeure, then Tenant, at its option, may terminate this Lease by written notice to Landlord given at any time after the expiration of such 60-day period but before the Lease Commencement Date actually occurs. In the event of such termination by Xxxxxx, the first month’s Base Rent, Xxxxxx’s Share of Direct Expenses paid by Tenant and the Security Deposit shall be fully refunded to Tenant (subject to Xxxxxxxx’s right to draw upon such Security Deposit as provided in Article 21 below) and neither party shall have any further obligations hereunderTerm. At any time during the Lease Term, Landlord may deliver to Tenant a factually correct notice of Lease Term dates in the form as set forth in Exhibit “C”, attached hereto, as a confirmation only of the information set forth therein, which notice Tenant shall (absent manifest error) execute and return to Landlord within five (5) business days of receipt thereof. Notwithstanding the foregoing, Tenant shall be entitled to occupancy of the Premises when the same are "Ready for Occupancy" (as defined in Section 5.01 of the Tenant Work Letter), and ------------ further Tenant shall be allowed to early entry to the Premises in accordance with the terms of Section 6.1 of the Tenant Work Letter for the purposes described therein.

Initial Lease Term. The terms and provisions of this Lease shall be effective as of the date of this Lease except for the provisions of this Lease relating to the payment of RentLease. The term of this Lease (the “Lease Term”) shall be as set forth in Section 3.1 of the Summary, shall commence on the date (the “Lease Commencement Date”) that is the earlier to occur of (i) the date Tenant commences to conduct business in any portion of the Premises, and (ii) the of “Substantial Completion”, ,” as that term is defined set forth in this Article 2, Section 3.2 of the Premises by LandlordSummary, and shall terminate on the date determined “Lease Expiration Date,” as that term is set forth in accordance with Section 3.3 of the Summary (the “Lease Expiration Date”) Summary, unless this Lease is sooner terminated as hereinafter provided. For purposes of this Lease, the term “Substantial Completion” of the Premises shall occur upon the completion of construction, as reasonably determined by Landlord, of the “Tenant Improvements,” as that term is defined in the Tenant Work Letter, in the Premises pursuant to the plans and drawings which are prepared and approved pursuant to the terms of the Tenant Work Letter and the issuance of a temporary certificate of occupancy or legal equivalent, with the exception of any Punchlist Items (as defined below) and any Tenant fixtures, work-stations, built-in furniture, or equipment to be installed by Tenant or under the supervision of Contractor (as defined in Section 3 of the Tenant Work Letter). “Punchlist ItemsLease Year” shall mean only commercially reasonable punchlist items, the non-completion of which does not prevent the issuance of a temporary certificate of occupancy or legal equivalent or unreasonably interfere with Tenant’s use or occupancy of the Premises, and which punchlist items shall be corrected promptly by Landlord each consecutive twelve (within thirty (3012) days following Xxxxxxxx’s receipt of written notice thereof from Tenant) without unreasonable interference with Xxxxxx’s use of or access to or from the Premises. It is anticipated that month period during the Lease Commencement Date will occur within sixteen (16) weeks after mutual execution of this Lease (such date, the “Target Commencement Date”), but this Lease shall not be void, voidable or subject to termination, nor shall Landlord be liable to Tenant for any loss or damage, resulting from Landlord’s inability to deliver the Premises to Tenant by any particular date, except as hereinafter provided. Notwithstanding anything to the contrary in this Lease, if the Lease Commencement Date does not occur within 60 days after the Target Commencement Date, other than due to Tenant Delay (as defined in the Tenant Work Letter) or Force Majeure, then Tenant, at its option, may terminate this Lease by written notice to Landlord given at any time after the expiration of such 60-day period but before the Lease Commencement Date actually occurs. In the event of such termination by Xxxxxx, the first month’s Base Rent, Xxxxxx’s Share of Direct Expenses paid by Tenant and the Security Deposit shall be fully refunded to Tenant (subject to Xxxxxxxx’s right to draw upon such Security Deposit as provided in Article 21 below) and neither party shall have any further obligations hereunderTerm. At any time during the Lease Term, Landlord may deliver to Tenant a notice in the form as set forth in Exhibit “C”, attached hereto, as a confirmation only of the information set forth therein, which Tenant shall (absent manifest error) execute and return to Landlord within five ten (510) business days of receipt thereof; provided that if such notice is not factually correct, then Tenant shall make such changes as are necessary to make such notice factually correct and shall thereafter return such notice to Landlord within said ten (10) business day period. Tenant’s failure to execute and return such notice to Landlord within such time shall be conclusive upon Tenant that the information set forth in such notice is as specified therein. Notwithstanding the foregoing or anything to the contrary set forth in this Lease, Tenant shall have the right to occupy the Phase II Premises and/or the Hold Space (in the event that Tenant properly exercises its rights set forth in Section 1.3, above) (individually or collectively, as the content may require, the “Beneficial Occupancy Space”), for the conduct of Tenant’s business prior to the Phase II Lease Commencement Date, provided that (i) Tenant shall give Landlord at least five (5) days’ prior notice of any such occupancy of the Beneficial Occupancy Space, (ii) a certificate of occupancy, temporary certificate of occupancy, or its legal equivalent shall have been issued by the appropriate governmental authorities for the Beneficial Occupancy Space, as may be required by such governmental authorities in order for Tenant to legally occupy the Beneficial Occupancy Space, and (iii) all of the terms and conditions of this Lease shall apply (other than Tenant’s obligation to pay Base Rent), including Tenant’s obligation to pay Tenant’s Share of Building Direct Expenses attributable to the Beneficial Occupancy Space, as though the Phase II Lease Commencement Date had occurred (although the Phase II Lease Commencement Date shall not actually occur until the occurrence of the same pursuant to Section 3.2 of the Summary, above) upon such occupancy of the Beneficial Occupancy Space by Tenant.

Initial Lease Term. The terms and provisions of this Lease shall be effective as of the date of this Lease except for the provisions of this Lease relating to the payment of RentLease. The term of this Lease (the “Lease Term”"LEASE TERM") shall be as set forth in Section SECTION 3.1 of the Summary, shall commence on the date set forth in SECTION 3.2 of the Summary (the “Lease Commencement Date”) that is the earlier to occur of (i) the date Tenant commences to conduct business in any portion of the Premises, and (ii) the of “Substantial Completion”, as that term is defined in this Article 2, of the Premises by Landlord"COMMENCEMENT DATE"), and shall terminate on the date determined set forth in accordance with Section SECTION 3.3 of the Summary (the “Lease Expiration Date”"EXPIRATION DATE") unless this Lease is sooner terminated as hereinafter provided. If Landlord is delayed in delivering possession of the Premises to Tenant due to the holding over of an existing tenant of the Building or for any reason other than Landlord's willful refusal to deliver the Premises when Landlord is otherwise reasonably capable of such delivery, then Landlord shall not be subject to any liability whatsoever to Tenant for such delay, and such failure shall not impair the validity of this Lease or the obligations of Tenant hereunder. For purposes of this Lease, “Substantial Completion” of the Premises shall occur upon the completion of construction, as reasonably determined by Landlord, of the “Tenant Improvements,” as that term is defined in the Tenant Work Letter, in the Premises pursuant to the plans and drawings which are prepared and approved pursuant to the terms of the Tenant Work Letter and the issuance of a temporary certificate of occupancy or legal equivalent, with the exception of any Punchlist Items (as defined below) and any Tenant fixtures, work-stations, built-in furniture, or equipment to be installed by Tenant or under the supervision of Contractor (as defined in Section 3 of the Tenant Work Letter). “Punchlist Items” "LEASE YEAR" shall mean only commercially reasonable punchlist items, the non-completion of which does not prevent the issuance of a temporary certificate of occupancy or legal equivalent or unreasonably interfere with Tenant’s use or occupancy of the Premises, and which punchlist items shall be corrected promptly by Landlord each consecutive twelve (within thirty (3012) days following Xxxxxxxx’s receipt of written notice thereof from Tenant) without unreasonable interference with Xxxxxx’s use of or access to or from the Premises. It is anticipated that month period during the Lease Commencement Date will occur within sixteen (16) weeks after mutual execution of this Lease (such date, the “Target Commencement Date”), but this Lease shall not be void, voidable or subject to termination, nor shall Landlord be liable to Tenant for any loss or damage, resulting from Landlord’s inability to deliver the Premises to Tenant by any particular date, except as hereinafter provided. Notwithstanding anything to the contrary in this LeaseTerm; provided that, if the Lease Commencement Date does not occur within 60 days after the Target Commencement Date, shall be other than due to Tenant Delay (as defined in the Tenant Work Letter) or Force Majeurefirst day of a calendar month, then Tenant, at its option, may terminate this the first Lease by written notice to Landlord given at any time after Year shall commence on the expiration of such 60-day period but before the Lease Commencement Date actually and shall end on the last day of the month in which the first anniversary of the Commencement Date occurs. In the event of such termination by Xxxxxx; and further provided that, the first month’s Base Rent, Xxxxxx’s Share of Direct Expenses paid by Tenant and last Lease Year shall end on the Security Deposit shall be fully refunded to Tenant (subject to Xxxxxxxx’s right to draw upon such Security Deposit as provided in Article 21 below) and neither party shall have any further obligations hereunderExpiration Date. At any time during the Lease Term, Landlord may deliver to Tenant a notice Notice in the form as set forth in Exhibit “EXHIBIT C”, attached hereto, as a confirmation only of the information set forth therein, which Tenant shall (absent manifest error) execute and return to Landlord within five (5) business days of receipt thereof. Tenant's failure to execute and return such Notice to Landlord within such time shall be conclusive upon Tenant that the information set forth in such Notice is as set forth therein.

Initial Lease Term. The terms and provisions of this Lease shall be effective as of the date of this Lease except for the provisions of this Lease relating to the payment of Rent. The term of this Lease (the “Lease Term”) shall be as set forth in Section 3.1 7.1 of the Summary, Summary and shall commence on the date (the “Lease Commencement Date”) that is the earlier to occur of (i) the date Tenant commences to conduct business set forth in any portion Section 7.2 of the PremisesSummary (subject, and (ii) however, to the terms of “Substantial Completion”, as that term is defined in this Article 2, Section 5 of the Premises by LandlordTenant Work Letter), and shall terminate expire on the date determined in accordance with Section 3.3 of the Summary (the “Lease Expiration Date”) set forth in Section 7.3 of the Summary, unless this Lease is sooner terminated as hereinafter provided. For purposes of this Lease, the term “Substantial CompletionLease Year” shall mean each consecutive twelve (12) month period during the Lease Term commencing on the Lease Commencement Date; provided that the last Lease Year shall end on the Lease Expiration Date. Notwithstanding the foregoing definition of the Lease Commencement Date for the Premises, if Tenant commences business operations from any portion of the Premises shall occur upon or the completion of constructionAdditional Space, as reasonably determined by Landlordthe case may be, prior to the occurrence of the Lease Commencement Date (each space occupied to be known as the “Pre-Occupancy Space”), all of the terms and conditions of this Lease shall apply to that portion of the Premises containing the Pre-Occupancy Space, except that during the period commencing on the date Tenant Improvements,” as commences business operations from the applicable Pre-Occupancy Space and continuing until the Lease Commencement Date (the “Pre-Occupancy Period”), Tenant shall have no obligation to pay Base Rent (but shall be responsible for parking charges for all parking spaces used); provided that term is defined if Tenant occupies more than fifty percent (50%) of the Premises for the purpose of conducting business in the Premises, then Tenant Work Letter, shall pay- to Landlord in the Premises pursuant to the plans and drawings which are prepared and approved pursuant to accordance with the terms of Article 3, Base Rent for the Pre-Occupancy Space equal to the product of (a) Dollars ( ), and (b) the rentable square feet of the Pre-Occupancy Space. Tenant Work Letter and shall have the issuance right to commence business operations from any portion of the Premises during the Pre-Occupancy Period, provided that a temporary certificate of occupancy or legal equivalent, with its equivalent permitting occupancy shall have been issued by the exception of any Punchlist Items (as defined below) and any Tenant fixtures, workappropriate governmental authorities for the Pre-stations, built-in furniture, or equipment to be installed by Tenant or under the supervision of Contractor (as defined in Section 3 of the Tenant Work Letter). “Punchlist Items” shall mean only commercially reasonable punchlist items, the non-completion of which does not prevent the issuance of a temporary certificate of occupancy or legal equivalent or unreasonably interfere with Tenant’s use or occupancy of the Premises, and which punchlist items shall be corrected promptly by Landlord (within thirty (30) days following Xxxxxxxx’s receipt of written notice thereof from Tenant) without unreasonable interference with Xxxxxx’s use of or access to or from the Premises. It is anticipated that the Lease Commencement Date will occur within sixteen (16) weeks after mutual execution of this Lease (such date, the “Target Commencement Date”), but this Lease shall not be void, voidable or subject to termination, nor shall Landlord be liable to Tenant for any loss or damage, resulting from Landlord’s inability to deliver the Premises to Tenant by any particular date, except as hereinafter providedOccupancy Space. Notwithstanding anything to the contrary contained herein, Tenant shall be responsible to pay “Tenant’s Share” of “Direct Expenses,” as those terms are defined in Section 4.1 of this Lease, if the Lease Commencement Date does not occur within 60 days after the Target Commencement Dateduring June, other than due to Tenant Delay (as defined in the Tenant Work Letter) or Force Majeure, then Tenant, at its option, may terminate this Lease by written notice to Landlord given at any time after the expiration of such 60-day period but before the Lease Commencement Date actually occurs. In the event of such termination by Xxxxxx, the first month’s Base Rent, Xxxxxx’s Share of Direct Expenses paid by Tenant and the Security Deposit shall be fully refunded to Tenant (subject to Xxxxxxxx’s right to draw upon such Security Deposit as provided in Article 21 below) and neither party shall have any further obligations hereunder. At any time during the Lease Term, Landlord may deliver to Tenant a notice in the form as set forth in Exhibit “C”, attached hereto, as a confirmation only of the information set forth therein, which Tenant shall (absent manifest error) execute and return to Landlord within five (5) business days of receipt thereof1997.

Initial Lease Term. The terms and provisions of this This Lease shall be effective as of the date of this Lease except for the provisions of this Lease relating to the payment of Rent. The a term of this Lease (herein called the “Lease Term”) shall be as set forth specified in Section 3.1 of the Summary, Basic Lease Information; and the Lease Term shall commence on the date provided for in the Basic Lease Information and shall end on the date provided for therein, unless sooner terminated or extended as provided herein. Tenant expressly acknowledges that the Premises are occupied by the Former Tenant pursuant to a lease between Landlord and the Former Tenant which is scheduled to expire on May 31, 2020. Landlord shall use commercially reasonable efforts to deliver possession of the Premises to Tenant on or prior to the Commencement Date set forth in the Basic Lease Information (the actual date of such delivery shall be referred to herein as the “Lease Commencement Delivery Date”); provided, however, if on the Delivery Date, there are Laws, including, but not limited to, governmental emergency orders, governmental health orders, governmental executive orders, and governmental emergency directives, in effect that prohibit Tenant from conducting its business on the Premises due to the COVID-19 pandemic (such laws, collectively, the “COVID-19 Laws”), then the Delivery Date (and Landlord’s actual delivery of the Premises) that is and the earlier Commencement Date shall be tolled, and shall not be deemed to occur until such COVID-19 Laws permit Tenant to legally conduct of its business on the Premises, and in such event, the following provisions shall apply: (i) the Lease Term shall not commence on the date set forth in the Basic Lease Information, but shall commence on the earliest date thereafter that Landlord delivers possession of the Premises to Tenant commences and the COVID-19 Laws do not prohibit Tenant from legally conducting its business on the Premises; (ii) neither the validity of this Lease nor the obligations of Tenant under this Lease shall be affected thereby, except that (x) the Lease Term shall begin (and the Commencement Date) shall be deemed to occur on the actual date that the Delivery Date occurs (provided that COVID-19 Laws do not prohibit Tenant from legally conducting its business on the Premises on such date); and (y) the Rent Commencement Date shall be ninety (90) days after the date that the Commencement Date occurs; (iii) Tenant shall have no claim against Landlord because of Landlord’s failure to deliver possession of the Premises on the date originally fixed therefor; (iv) Tenant shall have no additional right to terminate this Lease or xxxxx Rent pursuant to this Lease if the COVID-19 Laws in effect after the Commencement Date prohibit Tenant from legally occupying the Premises for the conduct of its business (except that the foregoing shall not be an exemption of liability under any insurance procured by Tenant under this Lease, relating to the Premises, or relating to Tenant’s conducting its business on the Premises for failures or delays in any portion the performance of the Lease for the period that the failure or delay is a result of an act of government that results in the frustration of the purpose of the contract); and (v) the Expiration Date of the Term shall be extended beyond the date specified in the Basic Lease Information by one day for every day during the period commencing on June 1, 2020, until the actual Commencement Date occurs, as provided herein. Notwithstanding the foregoing, if (a) Landlord has not delivered possession of the Premises to Tenant on or prior to October 1, 2020; and (b) as of October 1, 2020, COVID-19 Laws do not prohibit Tenant from legally conducting its business on the Premises, then Tenant shall have the right to terminate this Lease upon delivery to Landlord of written notice of its election to do so on or prior to October 10, 2020. Further, notwithstanding the foregoing, if (1) Landlord has not delivered possession of the Premises to Tenant on or prior to October 1, 2020; and (2) as of October 1, 2020, the COVID-19 Laws prohibit Tenant from legally conducting its business on the Premises, and Tenant has not accepted possession of the Premises, then Landlord and Tenant shall each have the right to terminate this Lease by delivery of written notice to the other party of its election to do so on or prior to October 10, 2020. If either party is entitled to exercise a right to terminate this Lease pursuant to Section 3.1 and fails to deliver such written notice to the other party on or prior to October 10, 2020, then such party shall have no further right to terminate this Lease due to failure of the Delivery Date or the Commencement Date not occurring prior to October 1, 2020. If either party exercises its right to terminate this Lease pursuant to this Section 3.1, Landlord shall return any and all Rent, Security Deposit and Letter of Credit previously delivered by Tenant to Landlord within ten (ii10) business days and neither party shall have any liability or obligations hereunder. Each party’s right to terminate this Lease pursuant to this Section 3.1 shall be such party’s sole right and/or remedy for the failure of “Substantial Completion”the Delivery Date and/or the Commencement Date to occur on or prior to October 1, as that term is defined in this Article 22020. Tenant shall have the right, at its option, to accept possession of the Premises by Landlord, and shall terminate on the date determined in accordance with Section 3.3 of the Summary (the “Lease Expiration Date”) unless this Lease is sooner terminated as hereinafter provided. For purposes of this Lease, “Substantial Completion” of the Premises shall occur upon the completion of construction, as reasonably determined by Landlord, of the “Tenant Improvements,” as that term is defined in the Tenant Work Letter, in the Premises pursuant even if COVID-19 Laws prohibit access to the plans and drawings which are prepared and approved pursuant to the terms of the Tenant Work Letter and the issuance of a temporary certificate of occupancy or legal equivalent, with the exception of any Punchlist Items (as defined below) and any Tenant fixtures, work-stations, built-in furniture, or equipment to be installed by Tenant or under the supervision of Contractor (as defined in Section 3 of the Tenant Work Letter). “Punchlist Items” shall mean only commercially reasonable punchlist items, the non-completion of which does not prevent the issuance of a temporary certificate of occupancy or legal equivalent or unreasonably interfere with Tenant’s use or occupancy of the Premises, and which punchlist items shall be corrected promptly by Landlord (within thirty (30) days following Xxxxxxxx’s receipt of written notice thereof from Tenant) without unreasonable interference with Xxxxxx’s use of or access to or from the Premises. It is anticipated that the Lease Commencement Date will occur within sixteen (16) weeks after mutual execution of this Lease (such date, the “Target Commencement Date”), but this Lease shall not be void, voidable or subject to termination, nor shall Landlord be liable to Tenant for any loss or damage, resulting from Landlord’s inability to deliver the Premises to Tenant by any particular date, except as hereinafter provided. Notwithstanding anything to the contrary in this Leasecontained herein, if Landlord tenders possession of the Premises to Tenant (A) prior to the date specified in the Basic Lease Information for the commencement of the Term; or (B) as of a date that COVID-19 Laws prohibit Tenant from legally conducting its business on the Premises, and Tenant chooses to accept such possession, then the Term and Tenant’s obligations hereunder shall commence (and the Commencement Date does not occur within 60 days after shall occur) on the Target Commencement Datedate that Tenant accepts such possession, other than due to Tenant Delay (as defined but in no event shall the Tenant Work Letter) Expiration Date or Force Majeure, then Tenant, at its option, may terminate this Lease by written notice to Landlord given at any time after the expiration of such 60-day period but before the Lease Rent Commencement Date actually occursbe advanced by such early possession. In the event that the actual Commencement Date is a date which is other than the Commencement Date set forth in the Basic Lease Information, within a reasonable period of such termination by Xxxxxx, time after the first month’s Base Rent, Xxxxxx’s Share date Tenant takes possession of Direct Expenses paid by Tenant and the Security Deposit Premises Landlord shall be fully refunded to Tenant (subject to Xxxxxxxx’s right to draw upon such Security Deposit as provided in Article 21 below) and neither party shall have any further obligations hereunder. At any time during the Lease Term, Landlord may deliver to Tenant a notice in an amendment to this Lease that shall be limited to setting forth the form as set forth in Exhibit “C”actual Commencement Date, attached hereto, as a confirmation only of the information set forth thereinRent Commencement Date and the Expiration Date, which amendment Tenant shall (absent manifest error) execute and return to Landlord within five (5) business days of after Tenant’s receipt thereof. If Tenant fails to execute and return the amendment within such 5- day period or provide written objection thereto, Tenant shall be deemed to have approved and confirmed the dates set forth therein, provided that such deemed approval shall not relieve Tenant of its obligation to execute and return the amendment.