Common use of Initial Premises Clause in Contracts

Initial Premises. Landlord shall deliver to Tenant (“Delivery” or “Deliver”) the Initial Premises on or before the Target Commencement Date with Landlord’s Work in the Initial Premises Substantially Completed. If Landlord fails to timely Deliver the Initial Premises, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable except as provided herein. Notwithstanding anything to the contrary contained herein, if Landlord fails to Deliver the Initial Premises to Tenant on or before the date that is 90 days after the Target Commencement Date (as such date may be extended for Force Majeure delays and Tenant Delays) (“Initial Premises Abatement Date”), Base Rent payable with respect to the Initial Premises shall be abated 1 day for each day after the Initial Premises Abatement Date (as such date may be extended for Force Majeure delays and Tenant Delays) that Landlord fails to Deliver the Initial Premises to Tenant. As used herein, the terms “Landlord’s Work” and “Substantially Completed” shall have the meanings set forth for such terms in the Work Letter. The “Commencement Date” shall be the earliest of: (i) the date Landlord Delivers the Initial Premises to Tenant with Landlord’s Work in the Initial Premises Substantially Completed; (ii) the date Landlord could have Delivered the Initial Premises but for Tenant Delays; or (iii) the date Tenant conducts any business in the Initial Premises or any part thereof. Except as otherwise set forth in this Lease: (i) Tenant shall accept the Initial Premises in their condition as of the Commencement Date; (ii) Landlord shall have no obligation for any defects in the Initial Premises; and (iii) Tenant’s taking possession of the Initial Premises shall be conclusive evidence that Tenant accepts the Initial Premises. Any occupancy of the Initial Premises by Tenant before the Commencement Date shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Base Rent and Operating Expenses.

Initial Premises. Subject to and upon the terms and conditions set forth herein, Landlord shall deliver hereby leases to Tenant and Tenant hereby hires from Landlord the Premises located in the Office Building for the period commencing on the Commencement Date and ending on the Expiration Date. Notwithstanding anything in this Lease to the contrary, Landlord may, at its sole option, upon delivery of notice (“Delivery” or “Deliver”the "Premises Modification Notice") the Initial Premises to Tenant on or before August 30, 1996 (the Target "Premises Modification Deadline"), elect to delete each of floors thirty-three (33), thirty-four (34) and thirty-eight (38) from the Premises (such space as is deleted to be referred to herein as the "Take Back Space"), and to include each of floors forty-three (43), forty-four (44) and forty-seven (47) in the Premises (such space as is added to be referred to herein as the "Additional Space"). In the event Landlord timely delivers the Premises Modification Notice, (i) for all purposes under this Lease, the "Premises" shall mean the Premises set forth in Section 1.1(S), above, excluding the Take Back Space but adding thereto the Additional Space, (ii) all numbers in this Lease which vary based upon the rentable square footage of the Premises shall be recalculated (including, but not limited to, the Base Rent and the Tenant Improvement Allowance) based upon the total rentable square footage of the Premises, as modified by the Premises Modification Notice, (iii) the Commencement Date with Landlord’s Work shall be June 4, 1997 (the "Extended Commencement Date"), provided that in the Initial event that Landlord delivers the Premises Substantially CompletedModification Notice prior to the Premises Modification Deadline, the Extended Commencement Date shall be one (1) day earlier for each day prior to the Premises Modification Deadline that Landlord delivers the Premises Modification Notice, (iv) the "Tenant Improvement Allowance," as that term is defined in Section 2.1 of the Tenant Work Letter, shall (A) be increased by an amount equal to, if the Premises Modification Notice is delivered on or before August 16, 1996, Twenty Thousand and No/100 Dollars ($20,000.00), and if the Premises Modification Notice is delivered after August 16, 1996 and prior to August 30, 1996, Forty Thousand and No/100 Dollars ($40,000.00), and (B) be decreased by an amount equal to Thirty Thousand Five Hundred Sixty-Eight and 20/100 Dollars ($30,568.20), (v) the "First Offer Space," as that term is defined in Section 1.2(B), below, shall be re-defined as the First Offer Space set forth in Section 1.2(B), below, but excluding the twenty-ninth (29th) floor of the Building and the Additional Space, but adding thereto the "Landlord Determined First Offer Floors," as that term is defined, below, and (vi) Section 1.13 of the Tenant Work Letter shall be deleted in its entirety. If For purposes of modifying the definition of the Premises following Landlord's delivery of the Premises Modification Notice, if applicable, the forty-third (43rd) floor of the Building shall conclusively be deemed to consist of 26,830 rentable square feet of space, the forty-forth (44th) floor of the Building shall be conclusively deemed to consist of 26,830 rentable square feet of space, and the forty-seventh (47th) floor of the Building shall conclusively be deemed to consist of 26,830 rentable square feet of space. Landlord fails to timely Deliver and Tenant hereby acknowledge and agree that (a) except as specifically set forth in item (iii), above, the Initial Premises, Landlord Commencement Date shall not be liable to Tenant for any loss or damage resulting therefromextended as a result of Landlord's delivery of the Premises Modification Notice, and this Lease (b) except as specifically set forth in item (iv)(A), above, Tenant shall not be void entitled to the payment of any fee or voidable except reimbursement of any cost or expense incurred by Tenant as provided hereina result of Landlord's delivery of the Premises Modification Notice. Within five (5) business days following Landlord's delivery of the Premises Modification Notice, if applicable, Landlord and Tenant shall execute an amendment to this Lease in the form attached hereto as Exhibit K setting forth the foregoing terms. Notwithstanding anything to the contrary contained herein, if Landlord fails to Deliver the Initial Premises to Tenant on or before the date that is 90 days after the Target Commencement Date (as such date may be extended for Force Majeure delays and Tenant Delays) (“Initial Premises Abatement Date”), Base Rent payable with respect to the Initial Premises shall be abated 1 day for each day after the Initial Premises Abatement Date (as such date may be extended for Force Majeure delays and Tenant Delays) that Landlord fails to Deliver the Initial Premises to Tenant. As used herein, the terms “Landlord’s Work” and “Substantially Completed” shall have the meanings set forth for such terms in the Work Letter. The “Commencement Date” shall be the earliest of: (i) the date Landlord Delivers the Initial Premises to Tenant with Landlord’s Work in the Initial Premises Substantially Completed; (ii) the date Landlord could have Delivered the Initial Premises but for Tenant Delays; or (iii) the date Tenant conducts any business in the Initial Premises or any part thereof. Except as otherwise set forth in this Lease: , Landlord and Tenant hereby agree to be bound by the number of rentable square feet comprising the Premises, as set forth in Section 1.1(S), above, and, if applicable, this Section 1.2(A). For purposes of this Section 1.2(A), the "Landlord Determined First Offer Floors," shall mean any two (i2) Tenant shall accept the Initial Premises in their condition as contiguous floors among floors two (2) through twelve (12) and eighteen (18) through twenty-one (21) of the Commencement Date; (ii) Building, as designated by Landlord shall have no obligation for any defects in its sole discretion during the Initial Premises; and (iii) Tenant’s taking possession of the Initial Premises shall be conclusive evidence that Tenant accepts the Initial Premises. Any occupancy of the Initial Premises by Tenant before the Commencement Date shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Base Rent and Operating ExpensesTerm.

Initial Premises. Subject to any Tenant Delay (as defined in Exhibit B), Landlord shall deliver to Tenant (“Delivery” or “Deliver”) the Initial Premises on or before the Target Commencement Date with Landlord’s Work in the Initial Premises Substantially Completed. If Landlord fails to timely Deliver the Initial Premises, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable except as provided herein. Notwithstanding anything to the contrary contained herein, if Landlord fails to Deliver the Initial Premises to Tenant on or before the date that is 90 days after the Target Commencement Date (as such date may be extended for Force Majeure delays and Tenant Delays) (“Initial Premises Abatement Date”), Base Rent payable with respect to the Initial Premises shall be abated 1 day for each day after the Initial Premises Abatement Date (as such date may be extended for Force Majeure delays and Tenant Delays) that Landlord fails to Deliver the Initial Premises to Tenant. As used herein, the terms “Landlord’s Work” and “Substantially Completed” shall have the meanings set forth for such terms in the Work Letter. The “Commencement Date” shall be the earliest of: later of (i) the date Landlord Delivers the Initial Premises to Tenant with Landlord’s Work in the Initial Premises Substantially Completed; November 1, 2006, or (ii) the date Landlord could have Delivered the Initial Premises but for Tenant Delays; or (iii) next business day after the date Tenant conducts any business that Improvements (as such term is defined in Exhibit B attached hereto) have been substantially completed (the Initial Premises or any part thereof“Commencement Date”). Except The anticipated Commencement Date is November 1, 2006. The Term of this Lease (“Term”) shall commence on the Commencement Date and shall end, unless sooner terminated as otherwise set forth provided herein, at midnight on the last calendar day of the calendar month in this Lease: which the five (i5) Tenant shall accept the Initial Premises in their condition as year two month anniversary of the Commencement Date occurs (the “Termination Date”). Landlord and Tenant shall promptly execute a Memorandum of Lease Term Dates and Rent substantially in the form attached hereto as Exhibit D, confirming the finalized Commencement Date and Term as soon as they are determined. For purposes of establishing the Commencement Date, substantial completion shall be defined as that point in the construction process when all of the structural, mechanical, plumbing and electrical work specified herein has been performed; (ii) Landlord shall the paint, carpet, hard flooring materials, base moldings, and millwork, if any, have no obligation been installed, and the other finish work specified in Tenant’s plans has been completed in such a manner that Tenant could, if it took possession of the Premises, enjoy beneficial occupancy thereof except for any defects in the Initial Premises; and (iii) minor punch list items, which shall be completed promptly thereafter. Tenant’s taking possession of the Initial Premises shall be conclusive evidence that Tenant accepts the Initial Premises. Any occupancy of and/or commencing Tenant’s normal business operations in the Initial Premises by Tenant before shall be deemed conclusive evidence that, as of the Commencement Date shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Base Rent and Operating Expenses.Date:

Initial Premises. The "Commencement Date" shall be the earlier to occur of (I) November 15, 2019, or (ii) the date that this Lease Is mutually executed and delivered by Landlord and Tenant. Landlord shall deliver to Tenant (“Delivery” or “Deliver”Deliver(as defined below) the Initial Premises on or before the Target Commencement Date with Landlord’s Work in the Initial Premises Substantially Completed. If Landlord fails to timely Deliver the Initial Premises, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable except as provided herein. Notwithstanding anything to the contrary contained herein, if Landlord fails to Deliver the Initial Premises to Tenant on or before the date that is 90 days after the Target Commencement Date (as such date may be extended for Force Majeure delays and Tenant Delays) (“Initial Premises Abatement Date”), Base . The "Rent payable Commencement Date" with respect to the Initial Premises shall be abated 1 day for each day after December 1, 2019. Prior to the Subsequent Premises Commencement Date (as defined below), references to "Premises" in this Lease shall mean the Initial Premises. During the Term, Tenant shall have the right to use, at no additional cost, the furniture, fixtures and equipment belonging to Landlord located within the Initial Premises Abatement as of the Commencement Date (as such date may be extended for Force Majeure delays and "Landlord's Initial Premises FF&E"). Tenant Delays) that Landlord fails shall have no right to Deliver remove any of Landlord's Initial Premises FF&E from the Initial Premises at any time during the Term. Tenant shall use reasonable efforts to Tenant. As used herein, maintain Landlord's Initial Premises FF&E and return the terms “Landlord’s Work” and “Substantially Completed” shall have same to Landlord at the meanings set forth for such terms in the Work Letter. The “Commencement Date” shall be the earliest of: (i) the date Landlord Delivers expiration or earlier termination of the Initial Premises to Tenant with Landlord’s Work Term in the Initial Premises Substantially Completed; (ii) the date Landlord could have Delivered the Initial Premises but for Tenant Delays; or (iii) the date Tenant conducts any business in the Initial Premises or any part thereofsame condition as received by Txxxxx, subject to ordinary wear and tear. Except as otherwise expressly set forth in this Lease: (i) Tenant shall accept the Initial Premises in and Landlord's Initial Premises FF&E In their ''as-is" condition as of the Commencement Date, subject to all applicable Legal Requirements; (ii) } Landlord shall have no obligation for any defects in the Initial PremisesPremises or Landlord's Initial Premises FF&E; and (iii) Tenant’s 's taking possession of the Initial Premises and Landlord's Initial Premises FF&E shall be conclusive evidence that Tenant accepts the Initial Premises. Any occupancy of Premises and Landlord's lnitial Premises FF&E, and that the Initial Premises by Tenant before and Landlord's Initial Premises FF&E were In good condition at the Commencement Date shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Base Rent and Operating Expensestime possession was taken.