Common use of Lease Commencement Clause in Contracts

Lease Commencement. Notwithstanding anything contained herein to the contrary, if Lessor, for any reason whatsoever, including Lessor's negligence except as provided for in Article 27(b), cannot deliver possession of the Premises, as provided for in Article 27(a), to Lessee at the commencement of the agreed Term as set forth in Article 2, this Lease shall not be void or voidable, nor shall Lessor be liable to Lessee for any loss or damage resulting therefrom, but in that event, the Term shall be for the full term as specified above to commence from and after the date Lessor shall have delivered possession of the Premises to Lessee or from the date Lessor would have delivered possession of the Premises to Lessee but for Lessee's failure to timely supply to Lessor such drawings and/or information required by Exhibit C or for any other reason attributable to Lessee (herein the "Commencement Date") and to expire midnight of the day immediately preceding Term anniversary of the Commencement Date, and if requested by Lessor, Lessor and Lessee shall, ratify and confirm said Commencement and Expiration Dates by completing and signing Exhibit G attached hereto and made a part hereof. Notwithstanding anything contained herein to the contrary, if Lessor shall not have delivered possession of the Premises to Lessee on or before May 23, 2003 and provided the reason therefor has not been as a result of Lessee's acts or omissions or Force Majeure and Lessor is able to deliver possession of the Premises on or before July 31, 2003, then, and in such event, Lessor shall reimburse Lessee in an amount not to exceed $24,793.84 for Lessee's cost of relocating to the Premises over a two (2) weekend. Such reimbursement shall be made promptly after Lessor's receipt of paid invoices evidencing the cost of Lessee's relocation. Notwithstanding anything contained herein to the contrary, if Lessor shall not have delivered possession of the Premises to Lessee on or before August 1, 2003 and provided the reason therefor has not been as a result of Lessee's acts or omissions or Force Majeure, then, and in such event, commencing August 1, 2003 through and including the date Lessor shall have delivered possession of the Premises to Lessee, Lessor shall reimburse Lessee in an amount not to exceed $24,793.84 per month for Lessee's holdover rent in Lessee's current premises through October 31, 2003 and thereafter shall not exceed $37,190.75 per month. Such reimbursement shall made promptly after Lessor's receipt of paid invoices evidencing Lessee's payment of such holdover rent. Notwithstanding anything contained in the foregoing paragraphs of this Article to the contrary, any delays in Lessor's substantial completion of the Premises resulting from Lessee's acts or omissions or Force Majeure shall not automatically relieve Lessor of its obligation to timely deliver the Premises as set forth herein. Such delays resulting from Lessee's acts or omissions or Force Majeure must have in fact delayed Lessor's substantial completion of the Premises by more than the number of days between the forty-fifth (45th) day after the date construction drawings for the Premises has been approved by Lessor and Lessee and May 23, 2003. Notwithstanding anything contained herein to the contrary, if Lessor shall not have delivered possession of the Premises to Lessee substantially completed on or before December 31, 2003 and provided the reason therefor has not been as a result of Lessee's acts or omissions or Force Majeure, then, and in such event, Lessor or Lessee may cancel this Lease upon thirty (30) days notice to the other, which notice shall be given on or before January 10, 2004 (time being of the essence in the giving of such notice) and this Lease shall terminate upon the expiration of said thirty (30) day period and the parties shall be released from their respective obligations under this Lease except that Lessor shall reimburse to Lessee any prepaid rent and return security deposit.

Lease Commencement. Notwithstanding anything contained herein 4.1 The Term of this Lease shall commence on March 1, 2000, provided that all of the following conditions have been satisfied: 4.1.1 Landlord has recaptured the Premises from Ernst & Young, LLP, pursuant to the contrarylease between Landlord and Ernst & Young with expiration date of August 12, 2000. Said recapture must be on terms that are acceptable to Landlord in its sole judgement. 4.1.2 Ernst & Young has vacated the Premises. 4.1.3 Landlord has substantially completed any improvements to the Premises which may be required pursuant to Article 34 or Exhibits "E" or "E-1" of this Lease. 4.2 The Lease Commencement Date and Lease Expiration Date as prescribed herein shall be confirmed by Landlord to Tenant in a written Confirmation of Lease Commencement which shall be prepared by Landlord, served on Tenant, executed by Tenant, returned to Landlord and attached to this lease after Tenant takes occupancy. Tenant's failure to execute and return the Confirmation of Lease Commencement within fifteen (15) days after service by Landlord shall be deemed approval by Tenant of all information set forth therein. 4.3 Tenant agrees that if Lessor, for any reason whatsoever, including Lessor's negligence except as provided for in Article 27(b), cannot Landlord is unable to deliver possession of the Premises, as provided Premises to Tenant on the date above specified for in Article 27(a), to Lessee at the commencement of the agreed Term as set forth in Article 2of this Lease, this Lease shall not be void or voidable, nor shall Lessor Landlord be liable to Lessee Tenant for any loss or damage resulting therefrom, but in that event, the expiration date of the Term shall be extended by the same number of days that the Tenant's possession of the Premises was delayed by Landlord's inability to deliver possession, and in such event Tenant shall not be liable for the full term any rent until such time as specified above to commence from and after the date Lessor shall have delivered Landlord tenders delivery of possession of the Premises to Lessee or from the date Lessor would have delivered possession of Tenant with Landlord's work therein, if any, substantially completed. If Landlord's inability to deliver the Premises to Lessee but for Lessee's failure to timely supply to Lessor such drawings and/or information required by Exhibit C is not the result of acts or for any other reason attributable to Lessee (herein the "Commencement Date") and to expire midnight omissions of the day immediately preceding Term anniversary of the Commencement DateTenant or its agents, and if requested such delay in delivery of possession continues for 150 days after the Lease Commencement date, Tenant shall have the right to cancel this Lease by Lessor, Lessor and Lessee shall, ratify and confirm said Commencement and Expiration Dates by completing and signing Exhibit G attached hereto and made a part hereof. Notwithstanding anything contained herein written notice to Landlord 15 days prior to the contraryeffective date of cancellation. The above notwithstanding, if Lessor there shall not have delivered possession be no delay in commencement of the Premises to Lessee on Term or before May 23, 2003 and provided the reason therefor has not been as a result in Tenant's liability for payment of Lessee's acts or omissions or Force Majeure and Lessor rent if Landlord is able unable to deliver possession of the Premises on due to any act, omission or before July 31, 2003, then, and in such event, Lessor shall reimburse Lessee in an amount not to exceed $24,793.84 for Lessee's cost delay of relocating to the Premises over a two (2) weekendTenant. Such reimbursement shall be made promptly after Lessor's receipt of paid invoices evidencing the cost of Lessee's relocation. Notwithstanding anything contained herein to the contrary, if Lessor shall not have delivered Should Landlord tender possession of the Premises premises to Lessee on or before August 1, 2003 and provided Tenant prior to the reason therefor has not been as a result date specified for commencement of Lessee's acts or omissions or Force Majeure, thenthe term hereof, and in Tenant elects to accept such eventprior tender, commencing August 1such early occupancy shall be subject to all of the terms, 2003 through covenants and conditions of this Lease, including the payment of rent, and shall not alter or affect the expiration date Lessor shall have delivered possession of the Term as set forth in Paragraph 3 above. In the event that Tenant commences occupancy of the Premises to Lessee, Lessor shall reimburse Lessee in an amount not to exceed $24,793.84 per month for Lessee's holdover rent in Lessee's current premises through October 31, 2003 and thereafter shall not exceed $37,190.75 per month. Such reimbursement shall made promptly after Lessor's receipt of paid invoices evidencing Lessee's payment of such holdover rent. Notwithstanding anything contained in on any date other than the foregoing paragraphs of this Article to the contrary, any delays in Lessor's substantial completion commencement date of the Premises resulting from Lessee's acts or omissions or Force Majeure Term pursuant to this Xxxxxxxxx 0, Xxxxxxxx and Tenant shall not automatically relieve Lessor of its obligation promptly execute a written amendment to timely deliver the Premises as set this Lease setting forth herein. Such delays resulting from Lessee's acts or omissions or Force Majeure must have in fact delayed Lessor's substantial completion of the Premises by more than the number of days between the forty-fifth (45th) day after and confirming the date construction drawings for the Premises has been approved by Lessor and Lessee and May 23, 2003. Notwithstanding anything contained herein to the contrary, if Lessor shall not have delivered possession of the Premises to Lessee substantially completed on or before December 31, 2003 and provided the reason therefor has not been as a result of Lessee's acts or omissions or Force Majeure, then, and in such event, Lessor or Lessee may cancel this Lease upon thirty (30) days notice to the other, which notice shall be given on or before January 10, 2004 (time being of the essence in the giving of such notice) and this Lease shall terminate upon the expiration of said thirty (30) day period and the parties shall be released from their respective obligations under this Lease except that Lessor shall reimburse to Lessee any prepaid rent and return security depositoccupancy commenced.

Lease Commencement. Notwithstanding anything contained herein to the contrary, if LessorLandlord, for any reason whatsoever, whatsoever including LessorLandlord's negligence except as provided for in Article 27(b)negligence, cannot deliver possession of the Premises, as provided for in Article 27(a), Demised Premises to Lessee Tenant at the commencement of the agreed Term as set forth in Article 2Section 2.01, this Lease shall not be void or voidable, nor shall Lessor Landlord be liable to Lessee Tenant for any loss or damage resulting therefrom, but in that event, the Term shall be for the full term Term as specified above to commence from and after the date Lessor Landlord shall have delivered possession of the Demised Premises to Lessee or from the date Lessor would have delivered possession of the Premises to Lessee but for Lessee's failure to timely supply to Lessor such drawings and/or information required by Exhibit C or for any other reason attributable to Lessee (herein the "Commencement Date") and to expire midnight of the day immediately preceding Term anniversary of the Commencement DateTenant, and and, if requested by LessorLandlord, Lessor Landlord and Lessee Tenant shall, by a writing signed by the parties, ratify and confirm said Commencement commencement and Expiration Dates by completing termination dates. Landlord and signing Exhibit G attached hereto Tenant acknowledge and made agree that Tenant's obligations hereunder are conditioned upon Tenant obtaining a part hereof. Notwithstanding anything contained herein to the contrary, if Lessor shall not have delivered possession Certificate of Occupancy permitting its use of the Demised Premises for the purpose set forth in the first sentence of Section 5.01 (the "Use CO), as opposed to Lessee a Certificate of Occupancy that may be required upon completion of any tenant improvements. Tenant shall have a period of thirty (30) days from the date of this Lease to procure the Use CO. Upon execution of this Lease, Tenant shall promptly file for and thereafter in good faith diligently prosecute an application for the Use CO. In the event that on or before May 23, 2003 and provided said thirtieth (30th)day following the reason therefor date of t)~is Lease Tenant has not been as a result of Lessee's acts or omissions or Force Majeure and Lessor is able to deliver possession of obtained the Premises on or before July 31Use CO, 2003, then, and in such event, Lessor shall reimburse Lessee in an amount not to exceed $24,793.84 for Lessee's cost of relocating to the Premises over a two (2) weekend. Such reimbursement shall be made promptly after Lessor's receipt of paid invoices evidencing the cost of Lessee's relocation. Notwithstanding anything contained herein to the contrary, if Lessor shall not have delivered possession of the Premises to Lessee on or before August 1, 2003 and provided the reason therefor has not been as a result of Lessee's acts or omissions or Force Majeure, then, and in such event, commencing August 1, 2003 through and including the date Lessor shall have delivered possession of the Premises to Lessee, Lessor shall reimburse Lessee in an amount not to exceed $24,793.84 per month for Lessee's holdover rent in Lessee's current premises through October 31, 2003 and thereafter shall not exceed $37,190.75 per month. Such reimbursement shall made promptly after Lessor's receipt of paid invoices evidencing Lessee's payment of such holdover rent. Notwithstanding anything contained in the foregoing paragraphs of this Article to the contrary, any delays in Lessor's substantial completion of the Premises resulting from Lessee's acts or omissions or Force Majeure shall not automatically relieve Lessor of its obligation to timely deliver the Premises as set forth herein. Such delays resulting from Lessee's acts or omissions or Force Majeure must have in fact delayed Lessor's substantial completion of the Premises by more than the number of days between the forty-fifth (45th) day after the date construction drawings for the Premises has been approved by Lessor and Lessee and May 23, 2003. Notwithstanding anything contained herein to the contrary, if Lessor shall not have delivered possession of the Premises to Lessee substantially completed on or before December 31, 2003 and provided the reason therefor has not been as a result of Lessee's acts or omissions or Force Majeure, then, and in such event, Lessor or Lessee then either party may cancel this Lease upon thirty (30) days notice to the other, which notice shall be other given on or before January 10after said thirtieth (30th) day, 2004 (time being of the essence in the giving of such notice) which event all advance rent and this Lease security paid by Tenant shall terminate upon the expiration of said thirty (30) day period be returned and the parties released herefrom. Nothing herein contained shall be released from their respective obligations under this Lease except that Lessor shall reimburse construed to Lessee permit Tenant to enter the Demised Premises and perform any prepaid rent and return security deposit.work prior to the Commencement Date

Lease Commencement. Notwithstanding anything contained herein to the contrary, if Lessor, for any reason whatsoever, including Lessor's negligence except (but excluding Lessee's delay as provided for in Article Section 27(b) hereof), cannot deliver possession of the Premises, as provided for in Article Section 27(a)) hereof, to Lessee at on the commencement of the agreed Term Commencement Date as set forth in Article 22 hereof, this Lease shall not be void or voidable, nor shall Lessor be liable to Lessee for any loss or damage resulting therefrom, but in that event, the Term shall be for the full term as specified above to commence from and after the date Lessor shall have delivered possession of the Premises to Lessee Lessee, as provided in Section 27(a) hereof, or from the date Lessor would have delivered possession of the Premises to Lessee but for Lessee's failure to timely supply to Lessor such drawings and/or information required by Exhibit C or for any other reason attributable to Lessee (herein the "Commencement Date") and to expire midnight of the day immediately preceding Term anniversary of the Commencement DateLessee, and if requested by LessorLessor or Lessee, Lessor and Lessee shall, ratify and confirm said Commencement Date and Expiration Dates Date by completing and signing Exhibit G attached hereto and made a part hereof. Notwithstanding anything contained herein to the contrary, if Lessor shall not have delivered possession of the Premises to Lessee on or before May 23, 2003 and provided the reason therefor has not been as a result of Lessee's acts or omissions or Force Majeure and Lessor is able to deliver possession of the Premises on or before July 31, 2003, then, and in such event, Lessor shall reimburse Lessee in an amount not to exceed $24,793.84 for Lessee's cost of relocating to the Premises over a two (2) weekend. Such reimbursement shall be made promptly after Lessor's receipt of paid invoices evidencing the cost of Lessee's relocation. Notwithstanding anything contained herein to the contrary, if Lessor shall not have delivered possession of the Premises to Lessee on or before August January 1, 2003 2004 ("Penalty Date") and provided the reason therefor has not been as a result of Lessee's acts or omissions or Force Majeure, then, and in such event, commencing August 1, 2003 through Lessee's obligation to pay Fixed Basic Rent and including Additional Rent shall commence on such number of days after the date Lessor shall have delivered possession first (1st) month anniversary of the Premises Commencement Date as shall be equal to Lessee, Lessor shall reimburse Lessee in an amount not to exceed $24,793.84 per month for Lessee's holdover rent in Lessee's current premises through October 31, 2003 and thereafter shall not exceed $37,190.75 per month. Such reimbursement shall made promptly after Lessor's receipt of paid invoices evidencing Lessee's payment of such holdover rent. Notwithstanding anything contained in the foregoing paragraphs of this Article to the contrary, any delays in Lessor's substantial completion of the Premises resulting from Lessee's acts or omissions or Force Majeure shall not automatically relieve Lessor of its obligation to timely deliver the Premises as set forth herein. Such delays resulting from Lessee's acts or omissions or Force Majeure must have in fact delayed Lessor's substantial completion of the Premises by more than the number of days between the forty-fifth (45th) day after Penalty Date and the date construction drawings for the Premises has been approved by Commencement Date. If Lessee fails to execute and deliver this Lease to Lessor and Lessee and May 23, 2003. Notwithstanding anything contained herein to the contrary, if Lessor shall not have delivered possession of the Premises to Lessee substantially completed on or before December 31October 21, 2003, for reasons other than any act and/or omission of Lessor, then the Penalty Date set forth above shall be such number of days after January 1, 2004 as shall be equal to the number of days between October 21, 2003 and provided the reason therefor has not been as a result of Lessee's acts or omissions or Force Majeure, then, and in such event, Lessor or date Lessee may cancel shall execute this Lease upon thirty (30) days notice and deliver the same to the other, which notice shall be given on or before January 10, 2004 (time being of the essence in the giving of such notice) and this Lease shall terminate upon the expiration of said thirty (30) day period and the parties shall be released from their respective obligations under this Lease except that Lessor shall reimburse to Lessee any prepaid rent and return security depositLessor.

Lease Commencement. Notwithstanding anything contained herein to the contrary, if Lessor, for any reason whatsoever, including Lessor's negligence except as provided for in Article 27(b)negligence, cannot deliver possession of the Premises, Premises as provided for in Article 27(a), Subsection 27(A) to Lessee at the commencement of the agreed Term as set forth in Article Section 2, this Lease shall not be void or voidable, nor shall Lessor be liable to Lessee for any loss or damage resulting therefrom, but in that event, the Lease Term shall be for the full term Term as specified above to commence from and after the date Lessor shall have delivered possession of the Premises to Lessee or from the date Lessor would have delivered possession of the Premises to Lessee but for Lessee's failure to timely supply to Lessor such drawings and/or information required by Exhibit C or for any other reason attributable to Lessee (herein the "Commencement Date") and to expire midnight terminate at 11:59 p.m. of the day immediately preceding Term said seven (7) year and two (2) month anniversary of the Commencement Date, and if requested by Lessor, Lessor and Lessee shall, by a writing signed by the parties, ratify and confirm said commencement and termination dates. Nothing contained herein shall be deemed to modify the commencement of the Lease Term as set forth in Section 2 and Lessee's obligations hereunder if Lessor is unable to deliver the Demised Premises on the Commencement and Expiration Dates Date by completing and signing Exhibit G attached hereto and made a part hereofreason of Lessee's failure to comply with the requirements of Subsection 27(B). Notwithstanding anything contained herein to the contrary, if Lessor shall not have delivered possession of the Demised Premises to Lessee on or before May 23August 1, 2003 1997 as such date may be extended for reasons of Force Majeure, and provided the reason therefor has not been as a result of Lessee's acts or omissions or Force Majeure and Lessor is able to deliver possession of the Premises on or before July 31, 2003omissions, then, and in such event, Lessor shall reimburse Lessee in an amount not to exceed $24,793.84 for Lessee's cost of relocating to the Premises over a two (2) weekend. Such reimbursement shall be made promptly after Lessor's receipt of paid invoices evidencing the cost of Lessee's relocation. Notwithstanding anything contained herein to the contrary, if Lessor shall not have delivered possession of the Premises to Lessee on or before August 1, 2003 and provided the reason therefor has not been as a result of Lessee's acts or omissions or Force Majeure, then, and in such event, commencing August 1, 2003 through and including the date Lessor shall have delivered possession of the Premises to Lessee, Lessor shall reimburse Lessee in an amount not to exceed $24,793.84 per month for Lessee's holdover rent in Lessee's current premises through October 31, 2003 and thereafter shall not exceed $37,190.75 per month. Such reimbursement shall made promptly after Lessor's receipt of paid invoices evidencing Lessee's payment of such holdover rent. Notwithstanding anything contained in the foregoing paragraphs of this Article to the contrary, any delays in Lessor's substantial completion of the Premises resulting from Lessee's acts or omissions or Force Majeure shall not automatically relieve Lessor of its obligation to timely deliver the Premises as set forth herein. Such delays resulting from Lessee's acts or omissions or Force Majeure must have in fact delayed Lessor's substantial completion of the Premises by more than the number of days between the forty-fifth (45th) day after the date construction drawings for the Premises has been approved by Lessor and Lessee and May 23, 2003. Notwithstanding anything contained herein to the contrary, if Lessor shall not have delivered possession of the Premises to Lessee substantially completed on or before December 31, 2003 and provided the reason therefor has not been as a result of Lessee's acts or omissions or Force Majeure, then, and in such event, Lessor or Lessee may cancel this Lease upon thirty (30) days days' notice to the otherLessor, which notice shall may be given on or before January 10after July 1, 2004 (time being 1997(as such date may be extended for reasons of Force Majeure), and unless Lessor delivers possession of the essence in Demised Premises within the giving aforesaid thirty (30) days (similarly extended for reasons of such notice) and Force Majeure), this Lease shall terminate upon the expiration of said thirty (30) day period (as extended for Force Majeure if applicable) and the parties shall be released from their respective obligations under this Lease except that Lessor shall reimburse to Lessee any prepaid rent and return security depositherefrom.

Lease Commencement. Notwithstanding anything contained herein to the contrary, if Lessor, for any reason whatsoever, including Lessor's negligence except as provided for in Article 27(b28(b), cannot deliver possession of the Premises, as provided for in Article 27(a28(a), to Lessee at the commencement of the agreed Term as set forth in Article 2, this Lease shall not be void or voidable, nor shall Lessor be liable to Lessee for any loss or damage resulting therefrom, but in that event, the Term shall be for the full term as specified above to commence from and after the date Lessor shall have delivered possession of the Premises to Lessee or from the date Lessor would have delivered possession of the Premises to Lessee but for Lessee's failure to timely supply to Lessor such drawings and/or information required by Exhibit C or for any other reason attributable to Lessee (herein the "Commencement Date") and to expire midnight of the day immediately preceding Term anniversary of the Commencement Date, and if requested by Lessor, Lessor and Lessee shallshall within thirty (30) days , by a writing signed by the parties, ratify and confirm said Commencement Commencement. Expiration Dates, and Expiration Dates by completing and signing Exhibit G Fixed Basic Rent due hereunder in the form attached hereto as Exhibit F. So long as this Lease is fully-executed by October 1, 1997 and made a part hereof. Notwithstanding notwithstanding anything contained herein to the contrary, if Lessor shall not have delivered possession of completed the tenant improvements within the Premises to Lessee on or before May 23, 2003 the Commencement Date as set forth in paragraph 7 of the Preamble and provided the reason therefor has not been as a result of Lessee's acts or omissions or Force Majeure and Lessor is able to deliver possession of the Premises on or before July 31, 2003omissions, then, and in such event, Lessor shall reimburse Lessee in an amount not to exceed $24,793.84 for Lessee's cost of relocating to the Premises over a two (2) weekend. Such reimbursement shall be made promptly after Lessor's receipt of paid invoices evidencing the cost of Lessee's relocation. Notwithstanding anything contained herein to the contrary, if Lessor shall not have delivered possession of the Premises to Lessee on or before August 1, 2003 and provided the reason therefor has not been as a result of Lessee's acts or omissions or Force Majeure, then, and in such event, commencing August 1, 2003 through and including the date Lessor shall have delivered possession of the Premises to Lessee, Lessor shall reimburse Lessee in an amount not to exceed $24,793.84 per month for Lessee's holdover rent in Lessee's current premises through October 31, 2003 and thereafter shall not exceed $37,190.75 per month. Such reimbursement shall made promptly after Lessor's receipt of paid invoices evidencing Lessee's payment of such holdover rent. Notwithstanding anything contained in the foregoing paragraphs of this Article to the contrary, any delays in Lessor's substantial completion of the Premises resulting from Lessee's acts or omissions or Force Majeure shall not automatically relieve Lessor of its obligation to timely deliver the Premises as set forth herein. Such delays resulting from Lessee's acts or omissions or Force Majeure must have in fact delayed Lessor's substantial completion of the Premises by more than the number of days between the forty-fifth (45th) day after the date construction drawings for the Premises has been approved by Lessor and Lessee and May 23, 2003. Notwithstanding anything contained herein to the contrary, if Lessor shall not have delivered possession of the Premises to Lessee substantially completed on or before December 31, 2003 and provided the reason therefor has not been as a result of Lessee's acts or omissions or Force Majeure, then, and in such event, Lessor or Lessee may cancel this Lease upon thirty (30) days notice to the otherLessor, which notice shall may be given on or before January 10, 2004 after the thirtieth (time being 30th) day after the Commencement Date as set forth in paragraph 7 of the essence in Preamble. Thereafter, unless Lessor delivers possession of the giving of such noticeDemised Premises within thirty (30) and days after Lessee's notice to Lessor, this Lease shall terminate upon the expiration of said thirty (30) day period and the parties shall be released from their respective obligations obligation under this Lease except that Lessor shall reimburse to Lessee any prepaid rent rent, security deposit and return security depositany and all amounts paid by Lessee for improvements pursuant to Exhibit C. However, in the event Lessor's ability to complete the tenant improvements within the Premises is delayed because of long-lead and/or non-standard Building items ordered by Lessee, then the Commencement Date shall not be delayed as a result thereof, Lessee shall have no right to cancel as provided above, and the term will start on the date that Lessor would have been able to so deliver possession but for each long-lead and/or non-standard Building items. However, Lessee shall be entitled to take possession of the Premises prior to completion of such long-lead and/or, non-standard building items, if Lessor is able to obtain a Certificate of Occupancy from the required governmental authorities. Lessor shall use its reasonable efforts to obtain said Certificate of Occupancy.

Lease Commencement. Notwithstanding anything contained herein to the contrary, if Lessor, for any reason whatsoever, including Lessor's negligence except as provided for in Article 27(b)negligence, cannot deliver possession of the Premises, as provided for in Article 27(a), Premises to Lessee at the commencement of the agreed Term as set forth in Article Section 2, this Lease shall not be void or voidable, nor shall Lessor be liable to Lessee for any loss or damage resulting therefrom, but in that event, the Lease Term shall be for the full term Term as specified above to commence from and after the date Lessor shall have delivered possession of the Premises to Lessee or from the date Lessor would have delivered possession of the Premises to Lessee but for Lessee's failure to timely supply to Lessor such drawings and/or information required by Exhibit C or for any other reason attributable to Lessee (herein the "Commencement Date") and to expire terminate midnight of the day immediately preceding Term anniversary of the Commencement Termination Date, and if requested by Lessor, Lessor and Lessee shall, by a writing signed by the parties, ratify and confirm said Commencement commencement and Expiration Dates by completing and signing Exhibit G attached hereto and made a part hereoftermination dates. Notwithstanding anything contained herein to the contrary, if Lessor shall not have delivered possession of the Demised Premises to Lessee on or before May 23October 1, 2003 1996 as such date may be extended for reasons of Force Majeure, and provided the reason therefor has not been as a result of Lessee's acts or omissions or Force Majeure and Lessor is able to deliver possession of the Premises on or before July 31, 2003omissions, then, and in such event, Lessor shall reimburse Lessee in an amount not to exceed $24,793.84 for Lessee's cost of relocating to the Premises over a two (2) weekend. Such reimbursement shall be made promptly after Lessor's receipt of paid invoices evidencing the cost of Lessee's relocation. Notwithstanding anything contained herein to the contrary, if Lessor shall not have delivered possession of the Premises to Lessee on or before August 1, 2003 and provided the reason therefor has not been as a result of Lessee's acts or omissions or Force Majeure, then, and in such event, commencing August 1, 2003 through and including the date Lessor shall have delivered possession of the Premises to Lessee, Lessor shall reimburse Lessee in an amount not to exceed $24,793.84 per month for Lessee's holdover rent in Lessee's current premises through October 31, 2003 and thereafter shall not exceed $37,190.75 per month. Such reimbursement shall made promptly after Lessor's receipt of paid invoices evidencing Lessee's payment of such holdover rent. Notwithstanding anything contained in the foregoing paragraphs of this Article to the contrary, any delays in Lessor's substantial completion of the Premises resulting from Lessee's acts or omissions or Force Majeure shall not automatically relieve Lessor of its obligation to timely deliver the Premises as set forth herein. Such delays resulting from Lessee's acts or omissions or Force Majeure must have in fact delayed Lessor's substantial completion of the Premises by more than the number of days between the forty-fifth (45th) day after the date construction drawings for the Premises has been approved by Lessor and Lessee and May 23, 2003. Notwithstanding anything contained herein to the contrary, if Lessor shall not have delivered possession of the Premises to Lessee substantially completed on or before December 31, 2003 and provided the reason therefor has not been as a result of Lessee's acts or omissions or Force Majeure, then, and in such event, Lessor or Lessee may cancel this Lease upon thirty (30) days days' notice to the otherLessor, which notice shall may be given on or before January 10after November 1, 2004 1996 (time being as such date may be extended for reasons of Force Majeure), and unless Lessor delivers possession of the essence in Demised Premises within the giving aforesaid thirty (30) days (similarly extended for reasons of such notice) and Force Majeure), this Lease shall terminate upon the expiration of said thirty (30) day period (as extended for Force Majeure if applicable) and the parties shall be released from their respective obligations under this Lease except that Lessor shall reimburse to Lessee any prepaid rent and return security depositherefrom.