Common use of Initial Premises Clause in Contracts

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(as defined below) the Initial Premises to Tenant on the Commencement Date. The "Rent Commencement Date" with respect to the Initial Premises shall be 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 as of the Commencement Date ("Landlord's Initial Premises FF&E"). Tenant shall have no right to 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 maintain Landlord's Initial Premises FF&E and return the same to Landlord at the expiration or earlier termination of the Initial Premises Term in the same 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 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 Premises or Landlord's Initial Premises FF&E; and (iii) Tenant's taking possession of the Initial Premises and Landlord's Initial Premises FF&E shall be conclusive evidence that Tenant accepts the Initial Premises and Landlord's lnitial Premises FF&E, and that the Initial Premises and Landlord's Initial Premises FF&E were In good condition at the time possession was taken.

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

Initial Premises. The Subject to and upon the terms and conditions set forth herein, Landlord 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 (the "Commencement DatePremises Modification Notice") to Tenant on or before August 30, 1996 (the "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 be mean the earlier to occur of (I) November 15Premises set forth in Section 1.1(S), 2019above, or excluding the Take Back Space but adding thereto the Additional Space, (ii) the date that all numbers in this Lease Is mutually executed and delivered by Landlord and Tenant. Landlord shall Deliver(as defined below) which vary based upon the Initial Premises to Tenant on rentable square footage of the Commencement Date. The "Rent Commencement Date" with respect to the Initial Premises shall be December 1recalculated (including, 2019. Prior 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 shall be June 4, 1997 (the "Extended Commencement Date"), provided that in the event that Landlord delivers the Premises Modification Notice prior to the Subsequent 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 belowin 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), references 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 "PremisesFirst Offer Space," as that term is defined in this Lease Section 1.2(B), below, shall mean be re-defined as the Initial PremisesFirst 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. During For purposes of modifying the Termdefinition 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 and Tenant hereby acknowledge and agree that (a) except as specifically set forth in item (iii), above, the Commencement Date shall not be extended as a result of Landlord's delivery of the Premises Modification Notice, and (b) except as specifically set forth in item (iv)(A), above, Tenant shall have not be entitled to the right to use, at no additional cost, the furniture, fixtures and equipment belonging to Landlord located within the Initial Premises payment of any fee or reimbursement of any cost or expense incurred by Tenant as of the Commencement Date ("Landlord's Initial Premises FF&E"). Tenant shall have no right to remove any a result of Landlord's Initial delivery of the Premises FF&E from Modification Notice. Within five (5) business days following Landlord's delivery of the Initial Premises at any time during the Term. Modification Notice, if applicable, Landlord and Tenant shall use reasonable efforts execute an amendment to maintain Landlord's Initial Premises FF&E and return the same to Landlord at the expiration or earlier termination of the Initial Premises Term this Lease in the same condition form attached hereto as received by Txxxxx, subject Exhibit K setting forth the foregoing terms. Notwithstanding anything to ordinary wear and tear. Except as otherwise expressly the contrary 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 contiguous floors among floors two (2) through twelve (12) and Landlord's Initial Premises FF&E In their ''aseighteen (18) through twenty-is" condition as one (21) of the Commencement DateBuilding, subject to all applicable Legal Requirements; (ii} as designated by Landlord shall have no obligation for any defects in its sole discretion during the Initial Premises or Landlord's Initial Premises FF&E; and (iii) Tenant's taking possession of the Initial Premises and Landlord's Initial Premises FF&E shall be conclusive evidence that Tenant accepts the Initial Premises and Landlord's lnitial Premises FF&E, and that the Initial Premises and Landlord's Initial Premises FF&E were In good condition at the time possession was takenTerm.

Initial Premises. The "Commencement Date" shall be the earlier Subject to occur of any Tenant Delay (I) November 15as defined in Exhibit B), 2019, or (ii) the date that this Lease Is mutually executed and delivered by Landlord and Tenant. Landlord shall Deliver(as defined below) deliver the Initial Premises to Tenant on the date that is the later of (i) November 1, 2006, or (ii) the next business day after the date that Improvements (as such term is defined in Exhibit B attached hereto) have been substantially completed (the “Commencement Date”). The "Rent anticipated Commencement Date" with respect to the Initial Premises shall be December Date is November 1, 20192006. Prior to The Term of this Lease (“Term”) shall commence on the Subsequent Premises Commencement Date (and shall end, unless sooner terminated as defined below), references to "Premises" in this Lease shall mean the Initial Premises. During the Term, Tenant shall have the right to useotherwise provided herein, at no additional cost, midnight on the furniture, fixtures and equipment belonging to Landlord located within last calendar day of the Initial Premises as calendar month in which the five (5) year two month anniversary of the Commencement Date occurs ("Landlord's Initial Premises FF&E"the “Termination Date”). Landlord and Tenant shall have no right to remove any promptly execute a Memorandum of Landlord's Initial Premises FF&E from the Initial Premises at any time during the Term. Tenant shall use reasonable efforts to maintain Landlord's Initial Premises FF&E Lease Term Dates and return the same to Landlord at the expiration or earlier termination of the Initial Premises Term Rent substantially in the same condition form attached hereto as received by TxxxxxExhibit D, subject to ordinary wear confirming the finalized Commencement Date and tearTerm as soon as they are determined. Except as otherwise expressly set forth in this Lease: (i) Tenant shall accept the Initial Premises and Landlord's Initial Premises FF&E In their ''as-is" condition as For purposes of establishing the Commencement Date, subject to substantial completion shall be defined as that point in the construction process when all applicable Legal Requirementsof 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 or Landlord's Initial Premises FF&E; and (iii) minor punch list items, which shall be completed promptly thereafter. Tenant's ’s taking possession of the Initial Premises and Landlord's Initial Premises FF&E shall be conclusive evidence that Tenant accepts and/or commencing Tenant’s normal business operations in the Initial Premises and Landlord's lnitial Premises FF&Eshall be deemed conclusive evidence that, and that as of the Initial Premises and Landlord's Initial Premises FF&E were In good condition at the time possession was taken.Commencement Date: