Common use of Outside Date Clause in Contracts

Outside Date. In the event that the Substantial Completion of the ------------ Improvements in the Premises has not occurred by the "Outside Date," which shall be January 31, 2000, as such January 31, 2000 date may be extended by the number of days of Tenant Delays, by the number of days of "Force Majeure Delays" (as defined below but not to exceed one hundred twenty (120) days of Force Majeure Delays), and by the number of "Permit/Material Force Majeure Delays" (as defined below but not to exceed sixty (60) days of "Permit/Material Force Majeure Delays) then the sole remedy of Tenant (except as provided in the last sentence of this Section 6.6) shall be the right to deliver a notice to Landlord (the "Outside Date Termination Notice") electing to terminate this Lease effective upon receipt of the Outside Date Termination Notice by Landlord (the "Effective Date"). Except as provided hereinbelow, the Outside Date Termination Notice must be delivered by Tenant to Landlord, if at all, not earlier than the Outside Date and not later than five (5) business days after the Outside Date. If Tenant delivers the Outside Date Termination Notice to Landlord, then Landlord shall have the right to suspend the Effective Date for a period ending thirty (30) days after the original Effective Date. In order to suspend the Effective Date, Landlord must deliver to Tenant, within five (5) business days

Outside Date. In the event that the Substantial Completion of the ------------ Improvements in the Premises Expansion Space has not occurred by the "Outside DateOUTSIDE DATE," which shall be January 31March 15, 20002001, as such January 31March 15, 2000 2001 date may be extended by the number of days of Tenant Delays, Delays and by the number of days of "Force Majeure Delays" (as defined below but not to exceed one hundred twenty (120) days of Force Majeure Delaysbelow), and by the number of "Permit/Material Force Majeure Delays" (as defined below but not to exceed sixty (60) days of "Permit/Material Force Majeure Delays) then the sole remedy of Tenant (except as provided in the last sentence of this Section 6.6) shall be the right to deliver a notice to Landlord (the "Outside Date Termination NoticeOUTSIDE DATE TERMINATION NOTICE") electing to terminate this Lease Tenant's lease of the Expansion Space only (but not the Existing Premises) effective upon receipt of the Outside Date Termination Notice by Landlord (the "Effective DateEFFECTIVE DATE"). Except as provided hereinbelow, the Outside Date Termination Notice must be delivered by Tenant to Landlord, if at all, not earlier than the Outside Date and not later than five (5) business days after the Outside Date. If Tenant delivers the Outside Date Termination Notice to Landlord, then Landlord shall have the right to suspend the Effective Date for a period ending thirty (30) days after the original Effective Date. In order to suspend the Effective Date, Landlord must deliver to Tenant, within five (5) business daysdays after receipt of the Outside Date Termination Notice, a certificate of the Contractor certifying that it is such Contractor's best good faith judgment that Substantial Completion of the Improvements in the Expansion Space will occur within thirty (30) days after the original Effective Date. If Substantial Completion of the Improvements in the Expansion Space occurs within said thirty (30) day suspension period, then the Outside Date Termination Notice shall be of no further force and effect; if, however, Substantial Completion of the Improvements in the Expansion Space does not occur within said thirty (30) day suspension period, then Tenant's lease of the Expansion Space only (but not the Existing Premises) shall terminate as of the date of expiration of such thirty (30) day period. If prior to the Outside Date Landlord determines that Substantial Completion of the Improvements

Outside Date. In the event that the Substantial Completion (as defined in the Work Letter Agreement) of the ------------ Improvements in the Premises has not occurred by September 1, 2004 (the "“Outside Date," which shall be January 31, 2000”), as such January 31, 2000 date Outside Date may be extended by the number of days of Tenant Delays, Delays (as defined in the Work Letter Agreement) and by the number of days of "Force Majeure Delays" Delays (as defined below but not to exceed one hundred twenty (120) days of Force Majeure Delaysin Section 32.15 hereof), and by the number of "Permit/Material Force Majeure Delays" (as defined below but not to exceed sixty (60) days of "Permit/Material Force Majeure Delays) then the sole remedy of Tenant (except as provided in the last sentence of this Section 6.6) shall be the right to deliver a notice to Landlord (the "“Outside Date Termination Notice"”) electing to terminate this Lease effective upon receipt of the Outside Date Termination Notice by Landlord (the "“Effective Date"”). Except as provided hereinbelow, the Outside Date Termination Notice must be delivered by Tenant to Landlord, if at all, not earlier than the Outside Date and not later than five (5) business days after the Outside Date. If Tenant delivers the Outside Date Termination Notice to Landlord, then Landlord shall have the right to suspend the Effective Date for a period ending thirty (30) days after the original Effective Date. In order to suspend the Effective Date, Landlord must deliver to Tenant, within five (5) business daysdays after receipt of the Outside Date Termination Notice, a certificate of the Contractor (as defined in the Work Letter Agreement) certifying that it is such Contractor’s best good faith judgment that Substantial Completion of the Premises will occur within thirty (30) days after the original Effective Date. If Substantial Completion of the Premises occurs within said thirty (30) day suspension period, then the Outside Date Termination Notice shall be of no further force and effect; if, however, Substantial Completion of the Premises does not occur within said thirty (30) day [Axesstel, Inc.] suspension period, then this Lease shall terminate as of the date of expiration of such thirty (30) day period. Upon termination of the Lease pursuant to this Section 2.3, the parties shall be relieved of all further obligations under this Lease except for those obligations under this Lease which expressly survive the expiration or sooner termination of the Lease.

Outside Date. In Notwithstanding anything herein to the event that contrary, if the Substantial Completion of the ------------ Improvements in the Premises has not occurred by the "Outside Date," which shall be January 31, 2000, as such January 31, 2000 date may be extended by the number of days of Tenant Delays, by the number of days of "Force Majeure Delays" Date (as defined below but not below) occurs prior to exceed one hundred twenty the Restatement Effective Date and the availability of the New Revolving Credit Commitments pursuant to Section 2 hereunder, the New Revolving Credit Commitments hereunder shall automatically terminate. “Outside Date” shall mean the earlier of (120i) days 11:59 p.m. (New York time) on June 30, 2012 (the “Initial Outside Date”) or, if the conditions set forth in the following sentence have been satisfied, 11:59 p.m. (New York time) on December 31, 2012 (the “Extended Outside Date”) and (ii) the date of Force Majeure Delays), and termination of all New Revolving Credit Commitments hereunder prior to the Restatement Effective Date by delivery of an irrevocable written notice by the number Borrower to each of "Permit/Material Force Majeure Delays" the New Loan Lenders of the termination of all such New Revolving Credit Commitments (whereupon such New Revolving Credit Commitments shall be terminated). The Borrower may extend the Initial Outside Date to the Extended Outside Date so long as (x) the “Walk-Away Date” (as defined below but not to exceed sixty (60) days of "Permit/Material Force Majeure Delays) then the sole remedy of Tenant (except as provided in the last sentence of this Acquisition Agreement) has been extended to the “Extended Walk-Away Date” (as defined in the Acquisition Agreement) pursuant to Section 6.67.1(b)(i) shall be the right to deliver a notice to Landlord (the "Outside Date Termination Notice") electing to terminate this Lease effective upon receipt of the Outside Acquisition Agreement (as in effect on the Amendment No. 2 Effective Date Termination Notice by Landlord (with such changes as are not materially adverse to any material interest of the "Effective Date"Lenders). Except as provided hereinbelow), (y) the Outside Date Termination Notice must be Borrower shall have delivered by Tenant to Landlord, if at all, not earlier than the Successor Administrative Agent a copy of the written extension notice required under such Section 7.1(b)(i) of the Acquisition Agreement promptly upon delivery of the same under the Acquisition Agreement and in any case on or prior to the Initial Outside Date and not later than five (5z) business days after the Borrower shall pay to the Global Coordinator an extension fee for the ratable benefit and account of the New Loan Lenders in an amount equal to 0.25% of the New Revolving Credit Commitments of the New Loan Lenders on or prior to the earlier to occur of (i) the Restatement Effective Date and (ii) the Outside Date. If Tenant delivers the Outside Date Termination Notice to Landlord, then Landlord shall have the right to suspend the Effective Date for a period ending thirty (30) days after the original Effective Date. In order to suspend the Effective Date, Landlord must deliver to Tenant, within five (5) business days.

Outside Date. In the event that the Substantial Completion of the ------------ Improvements in the Premises has not occurred by the "Outside DateOUTSIDE DATE," which shall be January 31September 1, 20001997, as such January 31September 1, 2000 1997 date may be extended by the number of days of Tenant Delays, Delays and by the number of days of "Force Majeure Delays" (as defined below but not to exceed one hundred twenty (120) days of Force Majeure Delaysbelow), and by the number of "Permit/Material Force Majeure Delays" (as defined below but not to exceed sixty (60) days of "Permit/Material Force Majeure Delays) then the sole remedy of Tenant (except as provided in the last sentence of this Section 6.6) shall be the right to deliver a notice to Landlord (the "Outside Date Termination NoticeOUTSIDE DATE TERMINATION NOTICE") electing to terminate this Lease effective upon receipt of the Outside Date Termination Notice by Landlord (the EXHIBIT "Effective DateD" 41 "EFFECTIVE DATE"). Except as provided hereinbelow, the Outside Date Termination Notice must be delivered by Tenant to Landlord, if at all, not earlier than the Outside Date and not later than five (5) business days after the Outside Date. If Tenant delivers the Outside Date Termination Notice to Landlord, then Landlord shall have the right to suspend the Effective Date for a period ending thirty (30) days after the original Effective Date. In order to suspend the Effective Date, Landlord must deliver to Tenant, within five (5) business daysdays after receipt of the Outside Date Termination Notice, a certificate of the Contractor certifying that it is such Contractor's best good faith judgment that Substantial Completion of the Premises will occur within thirty (30) days after the original Effective Date. If Substantial Completion of the Premises occurs within said thirty (30) day suspension period, then the Outside Date Termination Notice shall be of no further force and effect; if, however, Substantial Completion of the Premises does not occur within said thirty (30) day suspension period, then this Lease shall terminate as of the date of expiration of such thirty (30) day period. If prior to the Outside Date Landlord determines that Substantial Completion of the Premises will not occur by the Outside Date, Landlord shall have the right to deliver a written notice to Tenant stating Landlord's opinion as to the date by which Substantial Completion of the Premises shall occur and Tenant shall be required, within five (5) business days after receipt of such notice, to either deliver the Outside Date Termination Notice (which will mean that this Lease shall thereupon terminate and shall be of no further force and effect) or agree to extend the Outside Date to that date which is set by Landlord. Failure of Tenant to so respond in writing within said five (5) business day period shall be deemed to constitute Tenant's agreement to extend the Outside Date to that date which is set by Landlord. If the Outside Date is so extended, Landlord's right to request Tenant to elect to either terminate or further extend the Outside Date shall remain and shall continue to remain, with each of the notice periods and response periods set forth above, until the Substantial Completion of the Premises or until this Lease is terminated. For purposes of this Section 5.3, "FORCE MAJEURE DELAYS" shall mean and refer to a period of delay or delays encountered by Landlord affecting the work of construction of the Tenant Improvements because of delays due to excess time in obtaining governmental permits or approvals beyond the time period normally required to obtain such permits or approvals for similar space, similarly improved, in comparable office buildings in Calabasas, California; fire, earthquake or other acts of God; acts of the public enemy; riot; public unrest; insurrection; governmental regulations of the sales of materials or supplies or the transportation thereof; strikes or boycotts; shortages of material or labor or any other cause beyond the reasonable control of Landlord.

Outside Date. In the event that the Substantial Completion of the ------------ Improvements in the Premises has not occurred by the "Outside Date," which shall be January 3115, 20002006, as such January 3115, 2000 2006 date may be extended by the number of days of Tenant Delays, Delays and by the number of days of "Force Majeure Delays" (as defined below but not to exceed one hundred twenty (120) days of Force Majeure Delaysbelow), and by the number of "Permit/Material Force Majeure Delays" (as defined below but not to exceed sixty (60) days of "Permit/Material Force Majeure Delays) then the sole remedy of Tenant (except as provided in the last sentence of this Section 6.6) shall be the right to deliver a notice to Landlord (the "Outside Date Termination Notice") electing to terminate this Lease effective upon receipt of the Outside Date Termination Notice by Landlord (the "Effective Date"). Except as provided hereinbelow, the Outside Date Termination Notice must be delivered by Tenant to Landlord, if at all, not earlier than the Outside Date and not later than five (5) business days after the Outside Date. If Tenant delivers the Outside Date Termination Notice to Landlord, then Landlord shall have the right to suspend the Effective Date for a period ending thirty (30) days after the original Effective Date. In order to suspend the Effective Date, Landlord must deliver to Tenant, within five (5) business daysdays after receipt of the Outside Date Termination Notice, a certificate of the Contractor certifying that it is such Contractor's best good faith judgment that Substantial Completion of the Improvements in the Premises will occur within thirty (30) days after the original Effective Date. If Substantial Completion of the Improvements in the Premises occurs within said thirty (30) day suspension period, then the Outside Date Termination Notice shall be of no further force and effect; if, however, Substantial Completion of the Improvements in the Premises does not occur within said thirty (30) day suspension period, then this Lease shall terminate as of the date of expiration of such thirty (30) day period. If prior to the Outside Date Landlord determines that Substantial Completion of the Improvements in the Premises will not occur by the Outside Date, Landlord shall have the right to deliver a written notice to Tenant stating Landlord's opinion as to the date by which Substantial Completion of the Improvements in the Premises shall occur and Tenant shall be required, within five (5) business days after receipt of such notice, to either deliver the Outside Date Termination Notice (which will mean that this Lease shall thereupon terminate and shall be of no further force and effect) or agree to extend the Outside Date to that date which is set by Landlord. Failure of Tenant to so respond in writing within said five (5) business day period shall be deemed to constitute Tenant's agreement to extend the Outside Date to that date which is set by Landlord. If the Outside Date is so extended, Landlord's

Outside Date. In the event that the Substantial Completion of the ------------ Tenant Improvements in the Premises has not occurred by the "“Outside Date," ” which shall be January 31, 2000the date that is six (6) months after the date Landlord receives all necessary permits for the Tenant Improvements, as such January 31, 2000 date six (6) month period may be extended by the number of days of Tenant Delays, Delays and by the number of days of "“Force Majeure Delays" ” (as defined below but not to exceed one hundred twenty (120) days in Section 11.7 of Force Majeure Delaysthis Tenant Work Letter below), and by the number of "Permit/Material Force Majeure Delays" (as defined below but not to exceed sixty (60) days of "Permit/Material Force Majeure Delays) then the sole remedy of Tenant (except as provided in the last sentence of this Section 6.6) shall be the right to deliver a notice to Landlord (the "“Outside Date Termination Notice"”) electing to terminate this the Lease effective upon receipt of the Outside Date Termination Notice by Landlord (the "“Effective Date"”). Except as provided hereinbelow, the Outside Date Termination Notice must be delivered by Tenant to Landlord, if at all, not earlier than the Outside Date and not later than five ten (510) business days after the Outside Date. If Tenant delivers the Outside Date Termination Notice to Landlord, then Landlord shall have the right to suspend the Effective Date for a period ending thirty fifteen (3015) business days after the original Effective Date. In order to suspend the Effective Date, Landlord must deliver to Tenant, within five (5) business daysdays after receipt of the Outside Date Termination Notice, a certificate of the Contractor certifying that it is such Contractor’s best good faith judgment that Substantial Completion of the Tenant Improvements in the Premises will occur within fifteen (15) days after the original Effective Date. If Substantial Completion of the Tenant Improvements in the Premises occurs within said fifteen (15) day suspension period, then the Outside Date Termination Notice shall be of no further force and effect; if, however, Substantial Completion of the Tenant Improvements in the Premises does not occur within said fifteen (15) day suspension period, then this Lease shall terminate as of the date of expiration of such thirty fifteen (15) day period. If prior to the Outside Date Landlord determines that Substantial Completion of the Tenant Improvements in the Premises will not occur by the Outside Date, Landlord shall have the right to deliver a written notice to Tenant stating Landlord’s opinion as to the date by which Substantial Completion of the Tenant Improvements in the Premises shall occur and Tenant shall be required, within ten (10) business days after receipt of such notice, to either deliver the Outside Date Termination Notice (which will mean that this Lease shall thereupon terminate and shall be of no further force and effect) or agree to extend the Outside Date to that date which is set by Landlord. Failure of Tenant to so respond in writing within said ten (10) business day period shall be deemed to constitute Tenant’s agreement to extend the Outside Date to that date which is set by Landlord. If the Outside Date is so extended, Landlord’s right to request Tenant to elect to either terminate or further extend the Outside Date shall remain and shall continue to remain, with each of the notice periods and response periods set forth above, until the Substantial Completion of the Tenant Improvements in the Premises or until this Lease is terminated.

Outside Date. In the event that the Substantial Completion of the ------------ Tenant Improvements in the Premises has not occurred by the "“Outside Date," ” which shall be January 31September 30, 20002010, as such January 31September 30, 2000 2010 date may shall be extended by the number of days of Tenant Delays, Delays and by the number of days of "“Force Majeure Delays" ” (as defined below but not in Section 11.7 of this Tenant Work Letter below), each day shall be a “Landlord Delay,” and Tenant may elect to exceed one hundred twenty either (120i) xxxxx rent payable under the Lease by two (2) days for every day of Force Majeure Delays)Landlord Delay, and by the number of "Permit/Material Force Majeure Delays" or (as defined below but not to exceed sixty (60ii) days of "Permit/Material Force Majeure Delays) then the sole remedy of Tenant (except as provided in the last sentence of this Section 6.6) shall be the right to deliver a notice to Landlord (the "“Outside Date Termination Notice"”) electing to terminate this the Lease effective upon receipt of the Outside Date Termination Notice by Landlord (the "“Effective Date"”). Except as provided hereinbelow, the Outside Date Termination Notice must be delivered by Tenant to Landlord, if at all, not earlier than the Outside Date and not later than five (5) business days after the Outside Date. If Tenant delivers the Outside Date Termination Notice to Landlord, then Landlord shall have the right to suspend the Effective Date for a period ending thirty (30) days after the original Effective Date. In order to suspend the Effective Date, Landlord must deliver to Tenant, within five (5) business daysdays after receipt of the Outside Date Termination Notice, a certificate of the Contractor certifying that it is such Contractor’s best good faith judgment that Substantial Completion of the Tenant Improvements in the Premises will occur within thirty (30) days after the original Effective Date. If Substantial Completion of the Tenant Improvements in the Premises occurs within said thirty (30) day suspension period, then the Outside Date Termination Notice shall be of no further force and effect; if, however, Substantial Completion of the Tenant Improvements in the Premises does not occur within said thirty (30) day suspension period, then this Lease shall terminate as of the date of expiration of such thirty (30) day period. If prior to the Outside Date Landlord determines that Substantial Completion of the Tenant Improvements in the Premises will not occur by the Outside Date, Landlord shall have the right to deliver a written notice to Tenant stating Landlord’s opinion as to the date by which Substantial Completion of the Tenant Improvements in the Premises shall occur and Tenant shall be required, within five (5) business days after receipt of such notice, to either deliver the Outside Date Termination Notice (which will mean that this Lease shall thereupon terminate and shall be of no further force and effect) or agree to extend the Outside Date to that date which is set by Landlord subject to Tenant’s Rent abatement rights set forth above. Failure of Tenant to so respond in writing within said five (5) business day period shall be deemed to constitute Tenant’s agreement to extend the Outside Date to that date which is set by Landlord subject to Tenant’s Rent abatement rights set forth above. If the Outside Date is so extended, Xxxxxxxx’s right to request Tenant to elect to either terminate or further extend the Outside Date shall remain and shall continue to remain, with each of the notice periods and response periods set forth above, until the Substantial Completion of the Tenant Improvements in the Premises or until this Lease is terminated.