Common use of Rent Commencement Date Clause in Contracts

Rent Commencement Date. The "Rent Commencement Date" shall be the date that Tenant first uses the Premises or any portion thereof for any purpose permitted under this lease. In the event this lease pertains to a building or building interior finish to be constructed, the "Rent Commencement Date" shall be the date upon which the buildings and other improvements erected and to be erected upon the premises shall have been substantially completed in accordance with the plans and specifications described on Exhibit "C" attached hereto and incorporated herein by reference, provided however, that if Landlord shall be delayed in such substantial completion as a result of: (i) Tenant's failure to agree to plans, specifications, and cost estimates, within a reasonable period of time; (ii) Tenant's request for materials, finishes or installations other than Landlord's standard; (iii) Tenant's changes in plans; the commencement date and the payment of rent hereunder shall be accelerated by the number of days of such delay, and provided further that if Landlord cannot substantially complete the premises as a result of any events (i) through (iii) above, Landlord may as its election complete so much of Landlord's work as may be practical under the circumstances and, by written notice to Tenant, establish the commencement date as the date of such partial completion, subject to any applicable accelerations due to delays resulting from events (i) through (iii) above. Taking possession by Tenant shall be deemed conclusively to establish that said buildings and other improvements have been completed in accordance with the plans and specifications and that the premises are in good and satisfactory condition, as of when possession was so taken. Tenant acknowledges that no representations as to the repair of the premises have been made by Landlord, unless such are expressly set forth in the lease. After such "Rent Commencement Date" Tenant shall, upon demand, execute and deliver to Landlord a letter of acceptance of delivery of the premises. In the event of any dispute as to substantial completion of work performed, execute or required to be performed by Landlord, the certificate of Landlord's architect or general contractor shall be conclusive.

Rent Commencement Date. The "Rent Commencement Date" shall be the date that Tenant first uses the Premises or any portion thereof for any purpose permitted under this lease. In the event this lease pertains to a building or building interior finish to be constructed, the "Rent Commencement Date" shall be the date upon which the buildings and other improvements erected and to be erected upon the premises shall have been substantially completed in accordance with the plans and specifications described on Exhibit "C" attached hereto and incorporated herein by reference, provided however, that if Landlord shall be delayed in such substantial completion as a result of: (i) Tenant's failure to agree to plans, specifications, and cost estimates, within a reasonable period of time; (ii) Tenant's request for materials, finishes or installations other than Landlord's standard; (iii) Tenant's changes in plans; : the commencement date and the payment of rent hereunder shall be accelerated by the number of days of such delay, and provided further that if Landlord cannot substantially complete the premises as a result of any events (i) through (iii) above, Landlord may as its election complete so much of Landlord's work as may be practical under the circumstances and, by written notice to Tenant, establish the commencement date as the date of such partial completion, subject to any applicable accelerations due to delays resulting from events (i) through (iii) above. Taking possession by Tenant shall be deemed conclusively to establish that said buildings and other improvements have been completed in accordance with the plans and specifications and that the premises are in good and satisfactory condition, as of when possession was so taken. Tenant acknowledges that no representations as to the repair of the premises have been made by Landlord, unless such are expressly set forth in the lease. After such "Rent Commencement Date" Tenant shall, upon demand, execute and deliver to Landlord a letter of acceptance of delivery of the premises. In the event of any dispute as to substantial completion of work performed, execute or required to be performed by Landlord, the certificate of Landlord's architect or general contractor shall be conclusive.

Rent Commencement Date. The "rent commencement date (“Rent Commencement Date" ”) shall be the date that which is the earlier of (i) the date Tenant first uses opens for business to the public or (ii) seventy five (75) days after the later of the date of (a) execution and delivery of this Lease by Landlord and Tenant (b) the date Landlord delivers the Premises with Landlord’s Work (as described in Exhibit B ) substantially complete with a temporary Certificate of Occupancy for retail use of the first floor and storage use for the basement and second floor (the “Possession Date”). If Landlord’s Work is not substantially completed because of acts, omissions or changes made or requested by Tenant, its agents, designers, architects or any portion thereof for any purpose permitted under this lease. In the event this lease pertains to a building or building interior finish to be constructedother party acting on Tenant’s behalf, the "Rent Commencement Date" then Landlord’s Work, shall be the date upon which the buildings and other improvements erected and deemed to be erected upon the premises shall have been substantially completed on the date same would have so been substantially completed, absent such delay, and Tenant shall pay as hereinbefore provided Rent (as defined below) on a per diem basis for each day of delay of Landlord’s substantial completion caused by Tenant or any of the aforementioned parties. Landlord shall notify Tenant, in writing with at least fourteen (14) days advance written notice, of the date it will be delivering possession of the Premises. If any code violations or Hazardous Materials, as defined below, are found in the Premises during the performance of Tenant’s Work, Landlord shall remove or axxxx same at Landlord’s sole cost and expense in accordance with all legal requirements, and if Tenant is delayed in Tenant’s Work by reason of such removal or abatement or by the plans and specifications described on Exhibit "C" attached hereto and incorporated herein by referenceexistence of code violations, provided however, that if Landlord the Rent Commencement Date shall be delayed in such substantial completion as a result of: (i) Tenant's failure to agree to plans, specifications, and cost estimates, within a reasonable period of time; (ii) Tenant's request for materials, finishes or installations other than Landlord's standard; (iii) Tenant's changes in plans; the commencement date and the payment of rent hereunder shall be accelerated extended by the number of days of such delay, and provided further that if . Landlord cannot substantially complete shall remain responsible for the premises as a result cure of any events (i) through (iii) above, Landlord may as its election complete so much of Landlord's work as may be practical under the circumstances and, by written notice to Tenant, establish the commencement date as code violations existing on the date of such partial completiondelivery of possession of the Premises to Tenant. “Hazardous Materials” means any material that is deemed toxic, subject dangerous or hazardous by any local, state or federal law, statute, rule, regulation, code or ordinance, and shall include, without limitation, asbestos, asbestos-containing materials, lead paint and mold. In addition, if Tenant is delayed in obtaining a construction permit by the failure of Landlord to any applicable accelerations approve Tenant’s plans within five (5) business days of its receipt of same or due to delays resulting from events (i) through (iii) above. Taking possession due to force majeure, including, without limitation, delays caused by Tenant the New York City Department of Buildings beyond their normal processing time, the Rent Commencement Date shall be deemed conclusively to establish that said buildings and other improvements have been completed in accordance with the plans and specifications and that the premises are in good and satisfactory condition, as of when possession was so taken. Tenant acknowledges that no representations as extended on day for day basis equal to the repair number of the premises have been made by Landlord, unless such are expressly set forth in the lease. After such "Rent Commencement Date" days Tenant shall, upon demand, execute and deliver to Landlord a letter of acceptance of delivery of the premises. In the event of any dispute as to substantial completion of work performed, execute or required to be performed by Landlord, the certificate of Landlord's architect or general contractor shall be conclusiveis so delayed.

Rent Commencement Date. The Landlord and Tenant contemplate that the Building and the Premises will be substantially complete on or about May 1, 2001 (the "Rent Scheduled Commencement Date" "). Tenant shall be the date that Tenant first uses the Premises or any portion thereof liable to Landlord for any purpose permitted under this lease. In the event this lease pertains to a building or building interior finish to be constructed, the "Rent Commencement Date" shall be the date upon which the buildings and other improvements erected and to be erected upon the premises shall have been substantially completed in accordance with the plans and specifications described on Exhibit "C" attached hereto and incorporated herein by reference, provided however, that if Landlord shall be delayed in such substantial completion as a result of: (i) Tenant's failure to agree to plans, specifications, and cost estimates, within a reasonable period of time; (ii) Tenant's request for materials, finishes or installations other than Landlord's standard; (iii) Tenant's changes in plans; the commencement date and the payment of rent hereunder shall be accelerated by Base Rent and any other payments under the number Lease beginning on the day (the "Commencement Date") after the date on which the Building Improvements and the Tenant Improvements are Substantially Completed; subject, however, to any postponement of days of such delay, and provided further that if Landlord cannot substantially complete the premises Commencement Date occurring as a result of any events (i) through (iii) aboveTenant Delays. If the Building Improvements or Tenant Improvements are not Substantially Completed but are partially ready for occupancy, Landlord may as its election complete so much Tenant may, but need not, occupy the portion of Landlord's work as may be practical under the circumstances andImprovements that is ready for occupancy, provided such partial occupancy is permitted by written notice to Tenantapplicable law, establish and in the commencement date as the date event of such partial completionoccupancy, Tenant shall pay to Landlord pro rata Rent based upon the area of the Premises so occupied by Tenant. Such obligation to pay Rent on a proportionate basis shall commence on the date on which Tenant first occupies and takes possession of any portion of the Premises, and shall continue through the date on which all of the Improvements are Substantially Completed. Tenant's right to so occupy and utilize a portion of the Premises shall nevertheless be subject to any applicable accelerations due to delays resulting from events (i) through (iii) above. Taking possession by Landlord's reasonable approval, and throughout such partial occupancy, Tenant shall be deemed conclusively fully cooperate with Landlord to establish that said buildings and other improvements have been completed in accordance with facilitate Landlord's Substantial Completion of any remaining or outstanding Improvements without any interference. If Tenant occupies any portion of the plans and specifications and Premises prior to Substantial Completion thereof, the provisions of this Lease shall apply to such occupancy or use of the Premises by Tenant, except that the premises are in good and satisfactory condition, as Term of when possession was so taken. Tenant acknowledges this Lease shall not commence until the date that no representations as to the repair of the premises have been made by Landlord, unless such are expressly set forth in the lease. After such "Rent Commencement Date" Tenant shall, upon demand, execute and deliver to Landlord a letter of acceptance of delivery of the premises. In the event of any dispute as to substantial completion of work performed, execute or required to be performed by Landlord, the certificate of Landlord's architect or general contractor shall be conclusiveentire Premises is Substantially Completed.

Rent Commencement Date. The Landlord and Tenant contemplate that the Building and the Premises will be substantially complete on or about April 1, 2001 (the "Rent Scheduled Commencement Date" "). Tenant shall be the date that Tenant first uses the Premises or any portion thereof liable to Landlord for any purpose permitted under this lease. In the event this lease pertains to a building or building interior finish to be constructed, the "Rent Commencement Date" shall be the date upon which the buildings and other improvements erected and to be erected upon the premises shall have been substantially completed in accordance with the plans and specifications described on Exhibit "C" attached hereto and incorporated herein by reference, provided however, that if Landlord shall be delayed in such substantial completion as a result of: (i) Tenant's failure to agree to plans, specifications, and cost estimates, within a reasonable period of time; (ii) Tenant's request for materials, finishes or installations other than Landlord's standard; (iii) Tenant's changes in plans; the commencement date and the payment of rent hereunder shall be accelerated by Base Rent and any other payments under the number Lease beginning on the day (the "Commencement Date") after the date on which the Building Improvements and the Tenant Improvements are Substantially Completed; subject, however, to any postponement of days of such delay, and provided further that if Landlord cannot substantially complete the premises Commencement Date occurring as a result of any events (i) through (iii) aboveTenant Delays. If the Building Improvements or Tenant Improvements are not Substantially Completed but are partially ready for occupancy, Landlord may as its election complete so much Tenant may, but need not, occupy the portion of Landlord's work as may be practical under the circumstances andImprovements that is ready for occupancy, provided such partial occupancy is permitted by written notice to Tenantapplicable law, establish and in the commencement date as the date event of such partial completionoccupancy, Tenant shall pay to Landlord pro rata Rent based upon the area of the Premises so occupied by Tenant. Such obligation to pay Rent on a proportionate basis shall commence on the date on which Tenant first occupies and takes possession of any portion of the Premises, and shall continue through the date on which all of the Improvements are Substantially Completed. Tenant's right to so occupy and utilize a portion of the Premises shall nevertheless be subject to any applicable accelerations due to delays resulting from events (i) through (iii) above. Taking possession by Landlord's reasonable approval, and throughout such partial occupancy, Tenant shall be deemed conclusively fully cooperate with Landlord to establish that said buildings and other improvements have been completed in accordance with facilitate Landlord's Substantial Completion of any remaining or outstanding Improvements without any interference. If Tenant occupies any portion of the plans and specifications and Premises prior to Substantial Completion thereof, the provisions of this Lease shall apply to such occupancy or use of the Premises by Tenant, except that the premises are in good and satisfactory condition, as Term of when possession was so taken. Tenant acknowledges this Lease shall not commence until the date that no representations as to the repair of the premises have been made by Landlord, unless such are expressly set forth in the lease. After such "Rent Commencement Date" Tenant shall, upon demand, execute and deliver to Landlord a letter of acceptance of delivery of the premises. In the event of any dispute as to substantial completion of work performed, execute or required to be performed by Landlord, the certificate of Landlord's architect or general contractor shall be conclusiveentire Premises is Substantially Completed.

Rent Commencement Date. The "Tenant shall not be required to pay Base Rent or Tenant’s Share of Direct Expenses (collectively “Gross Rent”) for the Premises prior to the Rent Commencement Date" shall be Date set forth in Section 3.3 of the Summary. If Landlord does not Substantially Complete, as such term is defined below, Landlord’s Demolition Work, as defined in the Tenant Work Letter, on or before the date (“Proposed Landlord Demolition Date”) that is the later of October 1, 2014 and (ii) thirty (30) days after Landlord’s receipt of the Demolition Plans, as defined in the Tenant first uses Work Letter, and the Premises or any portion thereof for any purpose permitted under this lease. In Lease Commencement Date occurs after February 1, 2015, then the event this lease pertains to a building or building interior finish to be constructed, the "Rent Commencement Date" shall Date determined pursuant to Section 3.3 of the Summary should be deferred two (2) days for each day that both the date upon which Substantial Completion of Landlord’s Demolition Work is delayed beyond the buildings Proposed Landlord Work Completion Date and the Lease Commencement Date is deferred beyond February 1, 2015, for reasons other improvements erected and than delays resulting from (i) any changes to be erected upon the premises shall have Demolition Plans, or (ii) any other intentional acts or omissions of Tenant, its agents or employees. As to any construction performed by any party, “Substantial Completion” or “Substantially Completed” means that such work has been substantially completed completed, as reasonably determined by Landlord’s architect, in accordance with (a) the provisions of this Lease applicable thereto, (b) the plans and specifications described on Exhibit "C" attached hereto and incorporated herein by reference, provided however, that if Landlord shall be delayed in for such substantial completion as a result of: (i) Tenant's failure to agree to plans, specificationswork, and cost estimates(c) all applicable Laws, within a reasonable period except for minor details of time; (ii) construction, decoration and mechanical adjustments, if any, the non-completion of which does not materially interfere with Tenant's request ’s use of the Premises for materialsthe purposes set forth in this Lease including construction of the Tenant Improvements, finishes or installations other than Landlord's standard; (iii) Tenant's changes in plans; the commencement date and the payment of rent hereunder shall be accelerated by the number of days of such delay, and provided further that if Landlord cannot substantially complete the premises as a result of any events (i) through (iii) above, Landlord may as its election complete so much of Landlord's work as may be practical under the circumstances and, by written notice to Tenant, establish the commencement date as the date of such partial completion, subject to any applicable accelerations due to delays resulting from events (i) through (iii) above. Taking possession by Tenant shall be deemed conclusively to establish that said buildings and other improvements have been completed which in accordance with the plans and specifications and that the premises are sound construction practices consistent with those applied in good and satisfactory condition, as of when possession was so taken. Tenant acknowledges that no representations as to the repair of the premises have been made by Landlord, unless such are expressly set forth other Class A office buildings in the lease. After such "Rent Commencement Date" Tenant shallChicago area, upon demand, execute and deliver to Landlord a letter of acceptance of delivery of should be completed after the premises. In the event of any dispute as to substantial completion of other work performed, execute in the Premises or required to be performed by Landlord, the certificate of Landlord's architect or general contractor shall be conclusiveBuilding.

Rent Commencement Date. The "Rent Commencement Date" shall be be, January 1, 1996 or date the date that Tenant first uses the Landlord delivers Premises or any portion thereof for any purpose permitted under this leaseto Tenant, which is late. In the event this lease pertains to a building or building interior finish to be constructed, the "Rent Commencement Date" shall be the date upon which the buildings and other improvements erected and to be erected upon the premises shall have been substantially completed in accordance with the plans and specifications described on Exhibit "C" attached hereto and incorporated herein by reference, provided however, that if Landlord shall be delayed in such substantial completion as a result of: (i) Tenant's failure to agree to plans, specifications, and cost estimates, within a reasonable period of time; : (ii) Tenant's request for materials, finishes or installations other than Landlord's standard; (iii) Tenant's changes in plans; : the commencement date and the payment of rent hereunder shall be accelerated by the number of days of such delay, and provided further that if Landlord cannot substantially complete the premises as a result of any events (i) through (iii) above, Landlord may as its election complete so much of Landlord's work as may be practical under the circumstances and, and by written notice to Tenant, establish the commencement date as the date of such partial completion, subject to any applicable accelerations due to delays resulting from events (i) through (iii) above. Taking possession by Tenant shall be deemed conclusively to establish that said buildings and other improvements have been completed in accordance with the plans and specifications and that the premises are in good and satisfactory condition, as of when possession was so taken. Tenant acknowledges that no representations as to the repair of the premises have been made by Landlord, unless such are expressly set forth in the lease. After such "Rent Commencement Date" Tenant shall, upon demand, execute and deliver to Landlord a letter of acceptance of delivery of the premises. In the event of any dispute as to substantial completion of work performed, execute or required to be performed by Landlord, the certificate of Landlord's architect or general contractor shall be conclusive.

Rent Commencement Date. The "January 1, 2012. See also Section 2.2 with respect to additional information concerning the Rent Commencement Date" . Substantial Completion Date: If Tenant performs the Tenant Work, then the “Substantial Completion Date” shall be the date that Tenant first uses substantially completes the Premises or any portion thereof Tenant Work in such a fashion as to enable Tenant, upon furnishing, wiring and equipping the same, to open for any purpose permitted under this leasebusiness in the normal course. In If Landlord performs the event this lease pertains to a building or building interior finish to be constructedTenant Work, then the "Rent Commencement “Substantial Completion Date" ” shall be the date upon which the buildings and other improvements erected and to be erected upon the premises shall have been substantially completed in accordance with the plans and specifications described on Exhibit "C" attached hereto and incorporated herein by reference, provided however, that if Landlord shall be delayed in such substantial completion as a result of: (i) Tenant's failure to agree to plansLandlord substantially completes the Tenant Work, specifications, and cost estimates, within a reasonable period of time; (ii) Tenant's request for materials, finishes or installations other than Landlord's standard; (iii) Tenant's changes except that in plans; the commencement date and the payment of rent hereunder shall be accelerated by the number of days of such delay, and provided further that if Landlord cannot substantially complete the premises as a result of any events (i) through (iii) above, Landlord may as its election complete so much of Landlord's work as may be practical under the circumstances and, by written notice to Tenant, establish the commencement date as the date of such partial completion, subject to any applicable accelerations due to delays resulting from events (i) through (iii) above. Taking possession by Tenant shall be deemed conclusively to establish that said buildings and other improvements have been completed in accordance with the plans and specifications and that the premises are in good and satisfactory condition, as of when possession was so taken. Tenant acknowledges that no representations as to the repair of the premises have been made by Landlord, unless such are expressly set forth in the lease. After such "Rent Commencement Date" Tenant shall, upon demand, execute and deliver to Landlord a letter of acceptance of delivery of the premises. In the event of any dispute as to Tenant Delays, the Substantial Completion Date shall be the date that Landlord would have achieved substantial completion of work performedthe Tenant Work, execute or required but for such Tenant Delays, and (ii) the Town of Brighton has issued such evidence as is customary (e.g., inspection sign-off) to be performed by permit occupancy of the Premises, unless such evidence is not available due to (a) any defect in the design of the Tenant Work, (b) Tenant not having completed furnishing, wiring and equipping the same, and/or (c) any other matter beyond the reasonable control of Landlord (including, for example, delays in Town inspectors completing such inspections). Landlord, the ’s certificate of Landlord's architect or general contractor substantial completion shall be conclusive.conclusive and binding upon Tenant unless Tenant, within seven (7) days after Tenant receives such certificate, gives written notice to Landlord setting forth with specificity Tenant’s objections to such certificate. See also Section 3.2(B) with respect to additional information concerning entry rights of Tenant prior to the Substantial Completion Date. Base Building Work: See Exhibit G.

Rent Commencement Date. The It is expressly understood and agreed that Tenant's obligation to pay Base Monthly Rent with respect to the portion of the Demised Premises that is located on the first floor of the Building (such portion shall hereafter be referred to as "Phase 1 Premises") will occur on a different date than the date that Tenant's obligation to pay Base Monthly Rent with respect to the balance of the space that Tenant is leasing in the Building (i.e., the remaining portion of the Demised Premises that excludes the Phase 1 Premises shall hereafter be referred to as the "Phase 2 Premises" with respect to which Tenant shall commence paying Rent on a floor by floor basis as described below). Tenant's obligation to pay Base Monthly Rent with respect to the Phase 1 Premises shall commence on the earlier to occur of the following dates: (i) the date that Tenant shall have commenced beneficial use for Tenant's business purposes of all or any portion of the Phase 1 Premises; (ii) the date Tenant obtains an occupancy permit for the Phase 1 Premises; or (iii) August 1, 1998. From and after the date of this Lease, Tenant, at its sole cost and expense, shall use diligent and continuous efforts to obtain all permits that are necessary for its occupancy of the Phase 1 Premises and Phase 2 Premises. Tenant's obligation to pay Base Monthly Rent with respect to each floor (or portion thereof) which constitutes a portion of the Phase 2 Premises shall commence on the earlier to occur of the following dates: (i) the date that Tenant shall have commenced beneficial use for Tenant's business purposes of all or more than twenty percent (20%) of the area of such floor within the Phase 2 Premises; (ii) the date that "Tenant's Work" (as defined in Exhibit "C") with respect to any such floor is substantially complete; or (iii) subject to the provisions of Section 4(d) of Exhibit C hereto, December 31, 1998 (the "Outside Date"). Until such time that the "Phase 2 Commencement Date" (as defined below) has occurred, Base Monthly Rent shall be determined in accordance with the foregoing provisions of this Section 4(b) based upon the following rent per square foot for each portion of the Demised Premises: (i) lower level -- south side of the corridor (approximately 15,933 square feet) at the rate of Fifteen and 50/100 Dollars ($15.50) per rentable square foot; (ii) lower level -- north side of the corridor (approximately 5,000 square feet) at the rate of Seven and 00/100 Dollars ($7.00) per rentable square foot; and (iii) floors 1-4 (approximately 93,027 square feet) at the rate of Seventeen and 25/100 Dollars ($17.25) per rentable square foot. Notwithstanding anything in this Lease to the contrary, in no event shall Tenant's obligation to commence paying Base Monthly Rent be extended beyond December 31, 1998. As used herein, (i) "Interim Date" shall mean the date that Tenant has first commenced to pay Base Monthly Rent with respect to any portion of the Phase 2 Premises, and (ii) "Phase 2 Commencement Date" shall be mean the date that Tenant first uses the Premises or any portion thereof for any purpose permitted under this lease. In the event this lease pertains is obligated to a building or building interior finish to be constructed, the "pay Base Monthly Rent Commencement Date" shall be the date upon which the buildings and other improvements erected and to be erected upon the premises shall have been substantially completed in accordance with the plans and specifications described on Exhibit "C" attached hereto and incorporated herein by reference, provided however, that if Landlord shall be delayed in such substantial completion as a result of: (i) Tenant's failure to agree to plans, specifications, and cost estimates, within a reasonable period of time; (ii) Tenant's request for materials, finishes or installations other than Landlord's standard; (iii) Tenant's changes in plans; the commencement date and the payment of rent hereunder shall be accelerated by the number of days of such delay, and provided further that if Landlord cannot substantially complete the premises as a result of any events (i) through (iii) above, Landlord may as its election complete so much of Landlord's work as may be practical under the circumstances and, by written notice to Tenant, establish the commencement date as the date of such partial completion, subject to any applicable accelerations due to delays resulting from events (i) through (iii) above. Taking possession by Tenant shall be deemed conclusively to establish that said buildings and other improvements have been completed in accordance with the plans and specifications and that the premises are in good and satisfactory condition, as of when possession was so taken. Tenant acknowledges that no representations as respect to the repair of the premises have been made by Landlord, unless such are expressly set forth in the lease. After such "Rent Commencement Date" Tenant shall, upon demand, execute and deliver to Landlord a letter of acceptance of delivery of the premises. In the event of any dispute as to substantial completion of work performed, execute or required to be performed by Landlord, the certificate of Landlord's architect or general contractor shall be conclusive.entire Phase 2

Rent Commencement Date. The "Payment by Tenant of Base Monthly Rent shall commence on the Base Rent Commencement Date and payment by Tenant of Additional Rent shall commence on the Additional Rent Commencement Date" shall be ; provided, however, that in determining the date that Tenant first uses Base Rent Commencement Date and the Premises or any portion thereof for any purpose permitted under this lease. In the event this lease pertains to a building or building interior finish to be constructed, the "Additional Rent Commencement Date" , in the event the Substantial Completion Date is delayed due to Tenant Delays, then the Substantial Completion Date shall be deemed to occur on that date on which the Building Improvements would have been Substantially Completed but for the occurrence of such Tenant Delays, which such “deemed to occur” date shall be reasonably determined by the Architect in writing with a statement by the Architect setting forth the basis for his determination. If the Building Improvements are not Substantially Completed but are partially ready for occupancy for the conduct of Tenant’s business, Tenant may, but need not, occupy the portion of the Building Improvements that is ready for occupancy, provided such partial occupancy is permitted by applicable law. Tenant shall pay to Landlord Rent commencing on the date upon on which the buildings Tenant first occupies and other improvements erected takes possession and to be erected upon the premises shall have been substantially completed in accordance with the plans and specifications described on Exhibit "C" attached hereto and incorporated herein by reference, provided however, that if Landlord shall be delayed in such substantial completion as a result of: (i) Tenant's failure to agree to plans, specifications, and cost estimates, within a reasonable period of time; (ii) Tenant's request for materials, finishes or installations other than Landlord's standard; (iii) Tenant's changes in plans; the commencement date and the payment of rent hereunder shall be accelerated by the number of days of such delay, and provided further that if Landlord cannot substantially complete the premises as a result of any events (i) through (iii) above, Landlord may as its election complete so much of Landlord's work as may be practical under the circumstances and, by written notice to Tenant, establish the commencement date as the date of such partial completion, subject to any applicable accelerations due to delays resulting from events (i) through (iii) above. Taking possession by Tenant occupancy shall be deemed conclusively to establish that said buildings be the Substantial Completion Date for the purpose of calculating the Base Rent Commencement Date and other improvements have been completed the Additional Rent Commencement Date in accordance the first sentence of this Section 5.1. Tenant’s right to so occupy and utilize a portion of the Premises shall nevertheless be subject to Landlord’s reasonable approval, and throughout such partial occupancy, Tenant shall fully cooperate with Landlord to facilitate Landlord’s completion of any remaining or outstanding Building Improvements without any interference. If Tenant occupies any portion of the plans and specifications and Premises prior to completion thereof, the provisions of the Lease shall apply to such occupancy or use of the Premises by Tenant, except that the premises are in good Lease Term shall not commence until the Commencement Date. Certain identified information marked with [***] has been excluded from this exhibit because it is not material and satisfactory condition, as of when possession was so taken. Tenant acknowledges that no representations as to the repair is of the premises have been made by Landlord, unless such are expressly set forth in type that the lease. After such "Rent Commencement Date" Tenant shall, upon demand, execute registrant treats as private and deliver to Landlord a letter of acceptance of delivery of the premises. In the event of any dispute as to substantial completion of work performed, execute or required to be performed by Landlord, the certificate of Landlord's architect or general contractor shall be conclusiveconfidential.

Rent Commencement Date. The "Rent Commencement DatePARTIAL RENT COMMENCEMENT DATE" shall be be, with respect to any floor in the Premises, the earlier of (a), the date that Tenant first uses on which Landlord tenders possession of such floor of the Premises or any portion thereof to Tenant, with all of Landlord's construction obligations, if any, "SUBSTANTIALLY COMPLETED" for any purpose permitted under this lease. In such floor, as provided in the Construction Rider attached as EXHIBIT B (the "CONSTRUCTION RIDER") or, in the event this lease pertains to a building or building interior finish to be constructedof any "TENANT DELAY," as defined in the Construction Rider, the "Rent Commencement Date" shall be date on which Landlord could have done so had there been no such Tenant Delay; or (b) the date upon which Tenant, with Landlord's written permission, actually occupies and conducts business in any portion of such floor in the buildings and other improvements erected and to Premises (it being intended that the parties contemplate there will be erected upon a different Partial Rent Commencement Date for each floor in the premises shall have been substantially completed in accordance with the plans and specifications described on Exhibit "C" attached hereto and incorporated herein by reference, provided however, that if Landlord Premises). The last Partial Rent Commencement Date shall be delayed in such substantial completion used as a result of: the Final Rent Commencement Date (i"FINAL RENT COMMENCEMENT DATE") Tenant's failure to agree to plans, specificationsof this Lease for the purposes of determining (x) the dates when Base Rent increases, and cost estimates, within a reasonable period of time; (iiy) Tenant's request for materials, finishes or installations other than Landlord's standard; (iii) Tenant's changes in plans; the commencement date and the payment of rent hereunder shall be accelerated by the number of days of such delay, and provided further that if Landlord cannot substantially complete the premises as a result of any events (i) through (iii) above, Landlord may as its election complete so much of Landlord's work as may be practical under the circumstances and, by written notice to Tenant, establish the commencement date as the date of such partial completion, subject to any applicable accelerations due to delays resulting from events (i) through (iii) aboveExpiration Date. Taking possession by Tenant shall be deemed conclusively to establish that said buildings and other improvements have been completed in accordance with the plans and specifications and The parties anticipate that the premises are in good and satisfactory condition, as of when possession was so taken. Tenant acknowledges that no representations as to Final Rent Commencement Date will occur on or about the repair of the premises have been made by Landlord, unless such are expressly Scheduled Final Rent Commencement Date set forth in the lease. After such Basic Lease Information (the "SCHEDULED FINAL RENT COMMENCEMENT DATE"); provided, however, that Landlord shall not be liable for any claims, damages or liabilities if the Premises are not ready for occupancy by the Scheduled Final Rent Commencement Date" . When each Partial Rent Commencement Date has been established, Landlord and Tenant shallshall at the request of either party confirm such Partial Rent Commencement Date in writing. When the Final Rent Commencement Date has been established, upon demandLandlord and Tenant shall at the request of either party confirm the Final Rent Commencement Date and Expiration Date in writing. After the Partial Rent Commencement Date for each floor in the Premises, execute Tenant (and deliver such employees of Tenant who maintain offices primarily in the Premises, and to whom Landlord a letter has given access keys or cards pursuant to the provisions of acceptance of delivery this Lease) shall have access 24 hours per day, 365 days per year to such floor of the premises. In Premises for which the event Partial Rent Commencement Date has occurred, subject to (a) security controls, such as having keys and access cards to the Building and the Premises, (b) limitations and denial of any dispute as access due to substantial completion emergencies and Landlord's scheduled maintenance of work performedBuilding Systems, execute or required and (c) limitations and denial of access due to be performed by reasons beyond the control of Landlord, the certificate of Landlord's architect or general contractor shall be conclusivesuch as actions by governmental authorities.