Common use of Possession of Demised Premises Clause in Contracts

Possession of Demised Premises. Except as herein provided (e.g. in cases of events of Excused Delay caused by Tenant, its contractors, agents or employees), Tenant shall not be liable to Landlord for the payment of Basic Rent or the payment of any other obligation to be paid by Tenant under this Lease nor shall Tenant have any right to possession or use of the Demised Premises until the date upon which the Landlord’s Improvements and the Tenant Improvements are “Substantially Completed” (as such phrase is defined in Section 2.5 hereof). The date of Substantial Completion shall be the “Commencement Date”. If Tenant occupies any portion of the Demised Premises prior to Substantial Completion, the terms of this Lease shall apply to such occupancy or use of the Demised Premises by Tenant. Subject to the provisions of Section 3.1B with respect to Rental Abatement, Basic Rent and the payment of other obligations to be paid by Tenant shall commence on the date which is sixty one (61) days after the Commencement Date. The failure of Tenant to take possession of or to occupy the Demised Premises after the Commencement Date shall not serve to relieve Tenant of said obligations or delay payments by Tenant to Landlord. Subject to this Section 2.4, Tenant, its consultants (including the Consultant) may have access to the Demised Premises (“Early Access”) for the first sixty-one (61) days following the Commencement Date (the “Early Occupancy Period”) solely for the purpose of installing and testing its machinery, equipment, fixtures and other personal property thereon (the “FF & E”) and not for the purpose of conducting its business therefrom or for any other purpose. However, as a condition precedent to such right of access, Tenant shall first meet with Landlord in order to establish reasonable arrangements for the coordination between Landlord’s work pursuant to this Lease and Tenant’s installation and testing work as aforesaid. Tenant shall contact Landlord to arrange such a meeting, and Landlord shall cooperate with Tenant in regard thereto. Following such meeting and the establishment of such coordination of work arrangements, Tenant shall have the aforesaid access, and Landlord and Tenant shall cooperate with one another to permit such access. In connection with any such access and installations by Tenant, Tenant shall not interfere with the completion of construction or occasion any labor dispute as a result of such installations. Tenant hereby agrees to assume all risk of loss or damage to such FF & E, and to indemnify, defend and hold harmless Landlord from any loss or damage to such FF & E, and all liability, loss or damage arising from any injury to the property of Landlord, or its contractors, subcontractors or materialmen, and any death or personal injury to any person or persons to the extent proximately caused by such access or installations, except for liability, loss or damage proximately caused by Landlord’s gross negligence or intentional acts. Further, if Tenant fails to request or delays a request for the required coordination meeting, neither the Commencement Date nor Tenant’s obligations to pay Rent hereunder, shall be delayed. Anything in this Lease to the contrary notwithstanding other than Section 2.11, Landlord shall not be liable for any direct, indirect, special or consequential damages resulting from any delay in Substantial Completion.

Possession of Demised Premises. Except as herein provided (e.g. in cases Delivery of events possession of, and Lessee's right of Excused Delay caused entry to, the Demised Premises shall be effectuated for all purposes by Tenantand upon execution of this Lease. Lessee agrees that, its contractors, agents or employees), Tenant shall not be liable if Lessor is unable to Landlord for the payment of Basic Rent or the payment of any other obligation to be paid by Tenant under this Lease nor shall Tenant have any right to deliver possession or use of the Demised Premises until to Lessee on the date upon which the Landlord’s Improvements and the Tenant Improvements are “Substantially Completed” (as such phrase is defined in Section 2.5 hereof). The date of Substantial Completion shall be the “Commencement Date”. If Tenant occupies any portion scheduled commencement of the Demised Premises prior to Substantial CompletionTerm of this Lease, the terms of this Lease shall apply not be void or voidable, nor shall Lessor be liable to such occupancy or use of the Demised Premises by Tenant. Subject to the provisions of Section 3.1B with respect to Rental Abatement, Basic Rent and the payment of other obligations to be paid by Tenant shall commence on the date which is sixty one (61) days after the Commencement Date. The failure of Tenant to take possession of or to occupy the Demised Premises after the Commencement Date shall not serve to relieve Tenant of said obligations or delay payments by Tenant to Landlord. Subject to this Section 2.4, Tenant, its consultants (including the Consultant) may have access to the Demised Premises (“Early Access”) Lessee for the first sixty-one (61) days following the Commencement Date (the “Early Occupancy Period”) solely for the purpose of installing and testing its machinery, equipment, fixtures and other personal property thereon (the “FF & E”) and not for the purpose of conducting its business therefrom or for any other purpose. However, as a condition precedent to such right of access, Tenant shall first meet with Landlord in order to establish reasonable arrangements for the coordination between Landlord’s work pursuant to this Lease and Tenant’s installation and testing work as aforesaid. Tenant shall contact Landlord to arrange such a meeting, and Landlord shall cooperate with Tenant in regard thereto. Following such meeting and the establishment of such coordination of work arrangements, Tenant shall have the aforesaid access, and Landlord and Tenant shall cooperate with one another to permit such access. In connection with any such access and installations by Tenant, Tenant shall not interfere with the completion of construction or occasion any labor dispute as a result of such installations. Tenant hereby agrees to assume all risk of loss or damage to such FF & E, and to indemnify, defend and hold harmless Landlord from any loss or damage resulting from the failure to deliver possession, but in such FF & Eevent, and all liability, loss or damage arising from any injury to the property of Landlord, or its contractors, subcontractors or materialmen, and any death or personal injury to any person or persons to the extent proximately caused by such access or installations, except for liability, loss or damage proximately caused by Landlord’s gross negligence or intentional acts. Further, if Tenant fails to request or delays a request for the required coordination meeting, neither the Commencement Date nor Tenant’s obligations to pay Rent hereunder, shall be delayed. Anything in this Lease to the contrary notwithstanding other than Section 2.11, Landlord Lessee shall not be liable for any directrent until such time as Lessee has actual possession of the Demised Premises. For any partial month during the period between the beginning of the Term and the time when Lessor can deliver possession, indirectthe rent for such month will be pro rated, special or consequential and the portion of the payment of the first month's rent during which Lessor cannot deliver possession of the Premises, as provided for herein, shall be credited to lessee's next month's rent due in full settlement of any and all damages resulting by Lessee. In the event that the period between the commencement date and the delivery date is more than one month, the total duration of the Lease Term established in this Lease shall remain unchanged, and to this effect, the expiration date of the Lease Term shall be extended for a period of time equal to the delay. If circumstances should arise and render Lessor unable to deliver possession of the demised Premises within four months of the commencement date of this Lease, all money deposited by Lessee with Lessor including advance rental payments and security deposits, shall be returned to Lessee as liquidated damages, Lessee shall be released from any delay in Substantial Completion.its obligation to pay rent, and this Lease shall be null and void; provided however, the parties may mutually agree to the execution of an addendum to this Lease which thereby establishes a new commencement date and termination date of this Lease. In the event such an addendum is executed by the parties, it shall be made with the same formalities and pursuant to the same terms of this Lease. 10

Possession of Demised Premises. Except as herein provided (e.g. Tenant shall, not later than April 22, 1996, advise Landlord of required color selections. Tenant shall be responsible for Landlord's increased cost of labor and materials if any, and loss of rent, arising out of delay in cases the completion of events of Excused Delay the Demised Premises caused by Tenant's failure to comply in a timely manner with the foregoing schedule. Except as provided for in Section 2.2, its contractorsif the Landlord's Improvements are not substantially completed on January 1, agents or employees)1997, subject to extension for Excused Delays, Tenant shall not be liable may, but need not, terminate this Lease upon written notice to Landlord or occupy the portion of same that is ready for occupancy, and in the payment event of such occupancy Tenant shall pay to Landlord the pro rata portion of the full Basic Rent or and the payment pro rata portion of any the full amount of other obligation obligations to be paid by Tenant under this Lease nor shall Tenant have any right to possession or use hereunder equitably based upon the value and area of the Demised Premises until the date upon which the Landlord’s Improvements and the Tenant Improvements are “Substantially Completed” (as such phrase is defined in Section 2.5 hereof). The date of Substantial Completion shall be the “Commencement Date”occupied by Tenant. If Tenant occupies any portion of the Demised Premises prior to Substantial Completion, substantial completion of the Landlord's Improvements the terms of this Lease shall apply to such occupancy or use of the Demised Premises by Tenant. Subject to the provisions of Section 3.1B with respect to Rental Abatement, Basic Rent or a portion thereof provided above shall commence on the Commencement Date, and the payment of other obligations to be paid by Tenant Tenant, including, but not limited to, all Additional Rent, shall commence on upon the date which is sixty one (61) days after the Commencement Possession Date. The failure of Tenant Tenant, to take possession of or to occupy the Demised Premises or any portion thereof from and after the Possession Date or the Commencement Date Date, as the case may be, shall not not, unless Tenant has terminated the Lease as provided in this Section 2.3, serve to relieve Tenant of said obligations or delay payments by Tenant to Landlord. Subject to this Section 2.4, Tenant, its consultants (including the Consultant) may have access Landlord Tenant shall be allowed not less than 30 days prior to the Demised Premises (“Early Access”) for the first sixty-one (61) days following the Commencement Possession Date (the “Early Occupancy Period”) solely for the purpose of installing and testing to install its machinery, equipment, fixtures and other personal property thereon (on the “FF & E”) and Demised Premises during the final stages of completion of construction provided that Tenant does not for the purpose of conducting its business therefrom or for any other purpose. However, as a condition precedent to such right of access, Tenant shall first meet with Landlord in order to establish reasonable arrangements for the coordination between Landlord’s work pursuant to this Lease and Tenant’s installation and testing work as aforesaid. Tenant shall contact Landlord to arrange such a meeting, and Landlord shall cooperate with Tenant in regard thereto. Following such meeting and the establishment of such coordination of work arrangements, Tenant shall have the aforesaid access, and Landlord and Tenant shall cooperate with one another to permit such access. In connection with any such access and installations by Tenant, Tenant shall not thereby materially interfere with the completion of construction or occasion any labor dispute as a result of such installations. installations and provided further that Tenant does hereby agrees agree to assume all risk of loss or damage to such FF & Emachinery, equipment, fixtures and other personal property, and to indemnify, defend and hold harmless Landlord from any loss or damage to such FF & Emachinery, equipment, fixtures and personal property, and all liability, loss or damage arising from any injury to the property of Landlord, or its contractors, subcontractors or materialmen, and any death or personal injury to any person or persons to the extent proximately caused by arising out of such access or installations, except for liability, loss or damage proximately caused by Landlord’s 's gross negligence or intentional actswillful misconduct. FurtherDelay in putting Tenant in possession of the Demised Premises shall not serve to extend the term of this Lease Agreement or to make Landlord liable for any damages arising therefrom. In the event the Possession Date does not occur on or before Aug 21, if 1996, subject to extension for Excused Delays, then in such event Landlord, as liquidated damages for such delay, shall provide to Tenant fails to request or delays a request for credit against the required coordination meeting, neither Basic Rent due under this Lease commencing on the Commencement Date nor Tenant’s obligations equal to pay Rent hereunderthe amount of $3,000 for each day after August 21, 1996, subject to extension for Excused Delays, that the Possession Date is not achieved by Landlord, subject to a maximum, aggregate credit of $396,000. The foregoing liquidated damages shall be delayed. Anything Tenant's sole and exclusive damages in this Lease to the contrary notwithstanding other than Section 2.11event of a delay in the Possession Date or the Commencement Date, Landlord and Tenant shall not be liable entitled to any other damages or remedies whatsoever (except for any directTenant's right of termination as contained in this Section 2.3), indirect, special or consequential and the parties agree that said liquidated damages resulting from any delay in Substantial Completionare not a penalty and have been agreed upon because of the difficulty and uncertainty of calculating Tenant's damages as of the date hereof.

Possession of Demised Premises. Except as herein provided (e.g. in cases of events of Excused Delay caused by Tenant, its contractors, agents or employees), 2.3.1. Tenant shall not be liable to Landlord for the payment of Basic Rent or the payment of any other obligation to be paid by Tenant under this Lease nor shall Tenant have any right to possession or use of the Demised Premises until the date upon which thirty (30) days after the Landlord’s Improvements and the Tenant Improvements are “Substantially Completed” Commencement Date (as such phrase is defined in Section 2.5 hereof2.3.3)(such date, the “Rent Commencement Date”). 2.3.2. The date Tenant shall have the option (but not the obligation) to accept possession of the south tower of the Building only, upon Landlord’s Substantial Completion thereof, and subsequently to accept possession of the north tower of the Building upon Landlord’s Substantial Completion thereof. If the Building is not Substantially Completed in its entirety but is partially ready for occupancy and Tenant elects to occupy the portion or portions of the same that are ready for occupancy and open for business therein, the Commencement Date (and the Rent Commencement Date) shall not occur, but such period shall be deemed to be the “Commencement Date”Preliminary Term.” During the Preliminary Term, Tenant shall pay to Landlord the pro rata portion of the full Basic Rent and pro rata portion of other obligations to be paid by Tenant hereunder, equitably based upon the floor area of the Building so occupied by Tenant, commencing with such date of occupancy, which amount shall be equitably adjusted from time to time based upon the area of the Building from time to time so occupied by Tenant. If Tenant occupies any portion of the Demised Premises prior to Substantial CompletionCompletion of the Landlord’s Improvements, the terms of this Lease shall apply to such occupancy or use of the Demised Premises by TenantTenant and such early occupancy shall not constitute the establishment of the Commencement Date (or the Rent Commencement Date), which shall not occur until the date provided in Section 2.3.3. 2.3.3. Subject Landlord shall be deemed to have delivered possession of the provisions Demised Premises (or each tower of the Building pursuant to Section 3.1B 2.3.2) to Tenant at 8:00 a.m. on the date (the “Commencement Date”) following the day on which all of the following conditions (the “Commencement Date Conditions”) shall have occurred: (i) actual possession of the Demised Premises (or each tower of the Building pursuant to Section 2.3.2) shall have been delivered to Tenant water-tight, free of Hazardous Substances requiring remediation or removal under applicable laws in a good, structurally sound condition, with all of Landlord’s Work with respect to Rental Abatementthe applicable tower of the Building Substantially Completed (as herein defined), Basic Rent which Substantial Completion shall be evidenced by a written certification by Landlord’s architect to Tenant; and (ii) Landlord shall have obtained a permanent certificate of occupancy (or equivalent) for the payment Demised Premises (or a temporary certificate of other obligations occupancy which will be subject only to completion of the Punchlist items, in which event Landlord shall obtain the permanent certificate of occupancy promptly following the correction or completion of such Punchlist items), which certificate of occupancy shall be paid by sufficient under applicable laws, codes, ordinances and requirements of governmental authorities to enable Tenant shall commence on the date which is sixty one (61) days after the Commencement Date. The failure of Tenant to take possession of or to occupy the Demised Premises after Premises. All representations and warranties of Landlord set forth in Sections 4.5 and 20.25 below shall be true and correct on the Commencement Date, and on or prior to the Commencement Date, Landlord shall deliver to Tenant, in recordable form any SNDA (as defined in Section 16.1) required to be provided by Section 16.1. 2.3.4. As used in this Lease “Substantial Completion,” “Substantially Complete,” and words of similar import means completion of all of the Landlord’s Improvements and Landlord’s Work in conformity to and compliance with the Final Plans and Specifications (and any approved changes thereto), and full satisfaction of all of the Commencement Date shall not serve Conditions, except for Punchlist Items (as herein defined), and such as will allow Tenant lawfully to relieve Tenant utilize the Building and Demised Premises, including access thereto and parking on the appurtenant Limited Common Elements, with all construction trailers, equipment and debris removed; provided, however, Landlord will be permitted to maintain a construction trailer and to store and/or stage miscellaneous construction materials in connection with the completion of said obligations or delay payments by Tenant to Landlord. Subject to this Section 2.4, Tenant, its consultants (including the Consultant) may have access to portion of the Demised Premises (“Early Access”) for the first sixty-one (61) days following the Commencement Date (the “Early Occupancy Period”) solely for the purpose of installing and testing its machinery, equipment, fixtures and other personal property thereon (the “FF & E”) and not for the purpose of conducting its business therefrom or for any other purpose. However, as a condition precedent to such right of access, Tenant shall first meet with Landlord in order to establish reasonable arrangements for the coordination between Landlord’s work pursuant to this Lease and Tenant’s installation and testing work as aforesaid. Tenant shall contact Landlord to arrange such a meetingImprovements comprised of the north tower of the Building, and Landlord shall cooperate with Tenant in regard thereto. Following such meeting and provided the establishment of such coordination of work arrangements, Tenant shall have the aforesaid access, and Landlord and Tenant shall cooperate with one another to permit such access. In connection with any such access and installations by Tenant, Tenant same shall not interfere with or impair Tenant’s ability to use the completion south tower in any material respect, including access and parking, and the same shall not be considered when determining Substantial Completion for the portion of the Landlord’s Improvements comprised of the south tower of the Building. “Punchlist Items,” means minor items of construction or occasion any labor dispute mechanical adjustments, which individually and taken as a result of such installations. Tenant hereby agrees to assume all risk of loss or damage to such FF & Ewhole will not interfere, and to indemnify, defend and hold harmless Landlord from any loss or damage to such FF & E, and all liability, loss or damage arising from any injury to the property of Landlord, or its contractors, subcontractors or materialmen, and any death or personal injury to any person or persons to the extent proximately caused by such access or installations, except for liability, loss or damage proximately caused by Landlord’s gross negligence or intentional acts. Further, if Tenant fails to request or delays a request for the required coordination meeting, neither the Commencement Date nor with Tenant’s obligations to pay Rent hereunder, shall be delayed. Anything use and occupancy of the Demised Premises and Building in this Lease to the contrary notwithstanding other than Section 2.11, Landlord shall not be liable ordinary course of business and for any direct, indirect, special or consequential damages resulting from any delay in Substantial CompletionTenant’s intended purposes.

Possession of Demised Premises. Except Tenant shall be responsible for Landlord's increased cost of labor and materials if any, and loss of rent as herein provided (e.g. in cases Section 2.2, arising out of events delay in the completion of Excused Delay the Demised Premises caused by Tenant, its contractors, agents or employees), any Tenant Delay. Tenant shall not be liable to Landlord for the payment of Basic Rent or the payment of any other obligation to be paid by Tenant under this Lease nor shall Tenant have any right to possession or use of the Demised Premises until the date upon which the Landlord’s Improvements Demised Premises are Substantially Completed and the Tenant Improvements are “Substantially Completed” (as such phrase is defined in Section 2.5 hereof). The date of Substantial Completion shall be the “Commencement Date”ready for occupancy by Tenant. If Tenant occupies any portion of the Demised Premises prior to Substantial CompletionCompletion of the Landlord's Improvements, the terms of this Lease shall apply to such occupancy or use of the Demised Premises by Tenant. Subject to the provisions of Section 3.1B with respect to Rental AbatementBasic Rent, Basic Rent Additional Rent, and the payment of other obligations to be paid by Tenant shall commence on the date which is sixty one (61) days after the Commencement Date. The failure of Tenant to take possession of or to occupy the Demised Premises after the Commencement Date shall not serve to relieve Tenant of said obligations or delay payments by Tenant to Landlord. Subject to this Section 2.4, Tenant, its consultants (including the Consultant) may have access to the Demised Premises (“Early Access”) for the first sixty-one (61) days following the Commencement Date (the “Early Occupancy Period”) solely for the purpose of installing and testing "Rent Commencement Date"). Tenant shall be allowed to install its machinery, equipment, fixtures and other personal property thereon on the Demised Premises (which are not part of the “FF & E”Tenant's Improvements) during the final stages of completion of construction and as permitted by Landlord from time to time after Substantial Completion of Landlord's Improvements provided that Tenant does not for the purpose of conducting its business therefrom or for any other purpose. However, as a condition precedent to such right of access, Tenant shall first meet with Landlord in order to establish reasonable arrangements for the coordination between Landlord’s work pursuant to this Lease and Tenant’s installation and testing work as aforesaid. Tenant shall contact Landlord to arrange such a meeting, and Landlord shall cooperate with Tenant in regard thereto. Following such meeting and the establishment of such coordination of work arrangements, Tenant shall have the aforesaid access, and Landlord and Tenant shall cooperate with one another to permit such access. In connection with any such access and installations by Tenant, Tenant shall not thereby interfere with the completion of construction or occasion any labor dispute as a result of such installations. installations and provided further that Tenant does hereby agrees agree to assume all risk of loss or damage to such FF & Emachinery, equipment, fixtures and other personal property, and to indemnify, defend and hold harmless Landlord from any loss or damage to such FF & Emachinery, equipment, fixtures and personal property, and all liability, loss or damage arising from any injury to the property of Landlord, or its contractors, subcontractors or materialmen, and any death or personal injury to any person or persons to the extent proximately caused by arising out of such access or installations, except for liability, loss or damage proximately caused by Landlord’s gross 's negligence or intentional actswillful misconduct or that of its contractors, employees, and agents. FurtherDelay in putting Tenant in possession of the Demised Premises shall not serve to extend the Initial Term of this Lease or to make Landlord liable for any damages arising therefrom, except as expressly provided in Section 2.2. Landlord agrees to use reasonable efforts to coordinate Landlord's work with Tenant's installations so long as Tenant's installations do not interfere with or delay construction of Landlord's Improvements or Tenant's Improvements. Landlord shall be obligated to deliver possession of the Demised Premises to Tenant in accordance with the provisions of Section 2.2 and Section 21.2 if Tenant fails has executed and delivered this Lease in a form acceptable to request Landlord on or delays a request for before August 25, 2000, and there is no Tenant Delay. Each day between August 25, 2000, and the required coordination meeting, neither the Commencement Date nor Tenant’s obligations to pay Rent hereunder, shall be delayed. Anything in date on which Tenant executes and delivers this Lease to the contrary notwithstanding other than Section 2.11, Landlord shall not be liable for any direct, indirect, special or consequential damages resulting from any delay in Substantial Completiona day of Tenant Delay.

Possession of Demised Premises. Except as herein provided (e.g. in cases of events of Excused Delay caused by Tenant, its contractors, agents If the Landlord's Improvements are ------------------------------ not Substantially Completed on or employees)prior to the Completion Date but are partially ready for occupancy, Tenant may, but need not, occupy the portion of same that is ready for occupancy, and in the event of such occupancy Tenant shall not be liable pay to Landlord for the payment pro rata portion of Basic the full Base Rent or and the payment pro rata portion of any the full amount of other obligation obligations to be paid by Tenant under this Lease nor shall Tenant have any right to possession or use hereunder equitably based upon the area of the Demised Premises until the date upon which the Landlord’s Improvements and the Tenant Improvements are “Substantially Completed” (as such phrase is defined in Section 2.5 hereof). The date of Substantial Completion shall be the “Commencement Date”. If Tenant occupies any portion of the Demised Premises prior to Substantial Completion, the terms of this Lease shall apply to such occupancy or use of the Demised Premises Building occupied by Tenant. Subject to the provisions of Section 3.1B with respect to Rental Abatement, Basic Base Rent and the payment of other obligations to be paid by Tenant shall commence on the date which is sixty one (61) days after upon the Commencement Date. The failure ; provided, however that in the event the Landlord's -------- Improvements are partially completed and partially ready for occupancy, and are occupied by Tenant, a pro rata portion of Tenant the Base Rent and the pro rata portion of all other obligations to take possession of or to occupy the Demised Premises after the Commencement Date shall not serve to relieve Tenant of said obligations or delay payments be paid by Tenant shall be payable commencing with such date of partial occupancy, and shall be equitably adjusted from time to time based upon the area of the portion of Landlord's Improvements actually occupied by Tenant. Subject Prior to this Section 2.4such partial occupancy, Tenant and/or Tenant, its consultants (including the Consultant) may 's contractors shall have access been able to the Demised Premises (“Early Access”) for the first sixty-one (61) days following the Commencement Date (the “Early Occupancy Period”) solely for the purpose of installing and testing install its machinery, equipment, fixtures and other personal property thereon (within the “FF & E”) and not for portion of the purpose of conducting its business therefrom or for any other purpose. However, as a condition precedent Demised Premises to such right of access, Tenant shall first meet with Landlord in order to establish reasonable arrangements for the coordination between Landlord’s work pursuant to this Lease and be occupied by Tenant’s installation and testing work as aforesaid. Tenant shall contact Landlord to arrange such a meeting, and Landlord shall cooperate with Tenant in regard thereto. Following such meeting and the establishment of such coordination of work arrangements, Tenant shall have the aforesaid access, and Landlord and Tenant shall cooperate with one another to permit such access. In connection with any performing such access and installations by Tenantpre-occupancy work, Tenant shall not thereby interfere with the completion of construction or occasion any labor dispute as a result of such installations. installations and Tenant hereby agrees to assume all risk of loss or damage to such FF & Emachinery, equipment, fixtures and other personal property, and to indemnify, defend and hold harmless Landlord from any loss or damage to such FF & Emachinery, equipment, fixtures and personal property, and all liability, loss or damage arising from any injury to the property of Landlord, or its contractors, subcontractors or materialmen, and any death or personal injury to any person or persons to the extent proximately caused by Tenant or its contractors in connection with such access or installations, except for liability, loss or damage proximately to the extent caused by Landlord’s gross 's negligence or intentional acts. Furtherwillful misconduct (or of Landlord's agents, if Tenant fails to request contractors or delays a request for the required coordination meeting, neither the Commencement Date nor Tenant’s obligations to pay Rent hereunder, shall be delayed. Anything in this Lease to the contrary notwithstanding other than Section 2.11, Landlord shall not be liable for any direct, indirect, special or consequential damages resulting from any delay in Substantial Completionemployees).