Common use of TERM; COMMENCEMENT DATE; DELIVERY AND ACCEPTANCE OF PREMISES Clause in Contracts

TERM; COMMENCEMENT DATE; DELIVERY AND ACCEPTANCE OF PREMISES. SECTION 3.1 The Commencement Date shall be the later of (a) the date the Premises are deemed available for occupancy pursuant to Section 3.2 hereof or (b) February 1, 2001. A. The Premises shall be deemed available for occupancy as soon as the following conditions have been met: (a) the Leasehold Improvements (as defined in Exhibit C to the Lease) have been substantially completed as determined by Landlord's architect or space planner; (b) either a certificate or certificates of occupancy (temporary or final) or other certificate permitting the lawful occupancy of the Premises has been issued for the Premises by the appropriate governmental authority; and (c) at least three (3) Business Days' notice of the anticipated occurrence of the conditions in clauses (a) and (b) above has been given to Tenant. B. Notwithstanding anything to the contrary contained herein, if there is a delay in the availability for occupancy of the Premises due to Tenant Delay (as defined in Exhibit C to the Lease) then the Premises shall be deemed available for occupancy on the date on which the Premises would have been available for occupancy but for such Tenant Delay, even though a certificate of occupancy or other certificate permitting the lawful occupancy of the Premises has not been issued or the Leasehold Improvements have not been commenced or completed. SECTION 3.3 The Net Rentable Area of the Premises and the Building are approximately as stated in Sections 1.1I and J, respectively, and shall be specifically calculated by the Landlord's architect or space planner using base building plans in accordance with the definition set forth in Article 27 hereof when the Leasehold Improvements for the Premises are substantially complete. By written instrument substantially in the form of Exhibit D attached hereto, Landlord shall notify Tenant of the Commencement Date, the Net Rentable Area of the Premises and all other matters stated therein. The Commencement Notice shall be conclusive and binding on Tenant as to all matters set forth therein, unless within ten (10) days following delivery of such Commencement Notice, Tenant contests any of the matters contained therein by notifying Landlord in writing of Tenant's objections. The foregoing notwithstanding, Landlord's failure to deliver any Commencement Notice to Tenant shall not affect Landlord's determination of the Commencement Date or the Net Rentable Area of the Premises. SECTION 3.4 Tenant may not enter or occupy the Premises prior to the Commencement Date without Landlord's express written consent and any entry by Tenant shall be subject to all of the terms of this Lease; provided however, that no such early entry shall change the Commencement Date or the Expiration Date.

TERM; COMMENCEMENT DATE; DELIVERY AND ACCEPTANCE OF PREMISES. SECTION 3.1 The Commencement Date shall be the later earlier of thirty (30) days after (a) the date the Premises are deemed available Available for occupancy Occupancy pursuant to Section 3.2 hereof or (b) February 1the date Tenant, 2001. A. The Premises shall be deemed available for occupancy as soon as the following conditions have been met: or anyone claiming by, through or under Tenant (a) the Leasehold Improvements (as defined in Exhibit C to the Lease) have been substantially completed as determined by Landlord's architect or space planner; (b) either a certificate or certificates of occupancy (temporary or final) excluding Tenant’s contractors, construction managers, designers, or other certificate permitting persons entering the lawful Premises in connection with Tenant’s anticipated occupancy thereof in accordance with the terms hereof), occupies all or any portion of the Premises has been issued for the purpose of the conduct of Tenant’s (or such other person’s) business therein; provided, however, that until the Premises are deemed Available for Occupancy (pursuant to Section 3.2 hereof) the Base Rent payable by Tenant for the Premises by after the appropriate governmental authority; and (c) at least three (3) Business Days' notice of the anticipated occurrence of the conditions in clauses (a) and (bCommencement Date pursuant to Section 3.1(b) above has been given to Tenant. B. Notwithstanding anything to shall be prorated based on the contrary contained herein, if there is a delay ratio of the total Net Rentable Area in the availability Premises and the Net Rentable Area in the Premises actually occupied by Tenant on a floor-by-floor basis (or anyone claiming by, through or under Tenant) for occupancy the purpose of the Premises due to conduct of Tenant’s (or such other person’s) business therein such that partial occupancy by Tenant Delay (as defined in Exhibit C to the Leaseof any floor(s) then comprising the Premises shall be deemed available deemed, for purposes of Base Rent proration under this Section 3.1, to be occupancy on the date on which the Premises would have been available for occupancy but for such Tenant Delay, even though a certificate of occupancy or other certificate permitting the lawful occupancy of the Premises has not been issued or the Leasehold Improvements have not been commenced or completed. SECTION 3.3 The Net Rentable Area of the Premises and the Building are approximately as stated in Sections 1.1I and J, respectively, and shall be specifically calculated by the Landlord's architect or space planner using base building plans in accordance with the definition set forth in Article 27 hereof when the Leasehold Improvements for the Premises are substantially complete. By written instrument substantially in the form of Exhibit D attached hereto, Landlord shall notify Tenant of the Commencement Date, all of the Net Rentable Area of the Premises and all other matters stated therein. The Commencement Notice shall be conclusive and binding on Tenant as to all matters set forth thereinany such partially occupied floor(s); provided further, unless within ten however, that (10i) days following delivery of such Commencement Notice, Tenant contests any of the matters contained therein by notifying Landlord in writing of Tenant's objections. The foregoing notwithstanding, Landlord's failure to deliver any Commencement Notice to Tenant shall not affect Landlord's determination of the Commencement Date or the Net Rentable Area of the Premises. SECTION 3.4 Tenant may not enter or occupy the Premises prior to the Commencement Date without Landlord's express written consent and any entry by Tenant shall be subject to all of the terms and conditions of this Lease; provided howeverLease shall apply with full force and effect during such thirty (30) day period, that except for Tenant’s obligation to pay Base Rent, and (ii) in no such early entry event shall change Tenant be obligated to occupy any portion of the Commencement Date or Premises until the Expiration Dateentire Premises are deemed Available for Occupancy.

TERM; COMMENCEMENT DATE; DELIVERY AND ACCEPTANCE OF PREMISES. SECTION Section 3.1 The Commencement Date shall be the later earlier of (a) the date the Premises are deemed available for occupancy pursuant to Section 3.2 hereof or (b) February the date Tenant or anyone claiming by, through or under Tenant, occupies any portion of the Premises for the purpose of the conduct of Tenant’s (or such other person’s) business therein or (c) August 1, 20011999. A. The Premises shall be deemed available for occupancy as soon as the following conditions have been met: (a) the Leasehold Improvements (as defined in Exhibit C to the Lease) have been substantially completed as determined by Landlord's ’s architect or space planner; (b) either a certificate or certificates of occupancy (temporary or final) or other certificate permitting the lawful occupancy of the Premises has been issued for the Premises by the appropriate governmental authority; and (c) at least three (3) Business Days' ’ notice of the anticipated occurrence of the conditions in clauses (a) and (b) above has been given to Tenant. B. Notwithstanding anything to the contrary contained herein, if there is a delay in the availability for occupancy of the Premises due to Tenant Delay (as defined in Exhibit C to the Lease) then the Premises shall be deemed available for occupancy on the date on which the Premises would have been available for occupancy but for such Tenant Delay, even though a certificate of occupancy or other certificate permitting the lawful occupancy of the Premises has not been issued or the Leasehold Improvements have not been commenced or completed. SECTION Section 3.3 The Net Rentable Area of the Premises and the Building are approximately as stated in Sections 1.1I and J, respectively, and shall be specifically calculated by the Landlord's ’s architect or space planner using base building plans in accordance with the definition set forth in Article 27 hereof when the Leasehold Improvements for the Premises are substantially complete. By written instrument substantially in the form of Exhibit D attached hereto, Landlord shall notify Tenant of the Commencement Date, the Net Rentable Area of the Premises and all other matters stated therein. The Commencement Notice shall be conclusive and binding on Tenant as to all matters set forth therein, unless within ten (10) days following delivery of such Commencement Notice, Tenant contests any of the matters contained therein by notifying Landlord in writing of Tenant's ’s objections. The foregoing notwithstanding, Landlord's ’s failure to deliver any Commencement Notice to Tenant shall not affect Landlord's ’s determination of the Commencement Date or the Net Rentable Area of the Premises. SECTION Section 3.4 Tenant may not enter or occupy the Premises prior to the Commencement Date without Landlord's ’s express written consent and any entry by Tenant shall be subject to all of the terms of this Lease; provided however, that no such early entry shall change the Commencement Date or the Expiration Date. Section 3.5 Occupancy of the Premises or any portion thereof by Tenant or anyone claiming through or under Tenant for the conduct of Tenant’s, or such other person’s business therein shall be conclusive evidence that Tenant and all parties claiming through or under Tenant (a) have accepted the Premises as suitable for the purposes for which the Premises are leased hereunder, (b) have accepted the Common Areas as being in a good and satisfactory condition and (c) have waived any defects in the Premises and the Project; provided however, that, if any Leasehold Improvements have been constructed and installed to prepare the Premises for Tenant’s occupancy, Tenant’s acceptance of the Premises, and waiver of any defect therein, shall occur upon Landlord’s substantial completion of the Leasehold Improvement, in the Premises in accordance with the terms of Exhibit C hereof, subject only to Landlord’s completion of items on Landlord’s punchlist. Landlord may, at Landlord’s option, conclusively establish the date of “substantial completion” by providing Tenant with a written certification of such date. Landlord shall have no liability, except for negligence or willful misconduct, to Tenant or any of Tenant’s agents, employees, licensees, servants or invitees for any injury or damage to any person or property due to the condition or design of, or any defect in, the Premises or the Project, including any electrical, plumbing or mechanical systems and equipment of the Premises or the Project and the condition of or any defect in the Land; and Tenant, for itself and its agents, employees, licensees, servants and invitees, expressly assumes all risks of injury or damage to person or property, either proximate or remote, resulting from the condition of the Premises or the Project.

TERM; COMMENCEMENT DATE; DELIVERY AND ACCEPTANCE OF PREMISES. SECTION Section 3.1 The Commencement Date shall be the later of (a) the date the Premises are deemed available for occupancy pursuant to Section 3.2 hereof or (b) February March 1, 2001. A. 2006. The Premises Commencement Date shall be deemed available for occupancy as soon as the following conditions have been met: (a) the Leasehold Improvements (as defined in Exhibit C to the Lease) have been substantially completed as determined confirmed, along with other matters, by Landlord's architect or space planner; (b) either a certificate or certificates of occupancy (temporary or final) or other certificate permitting the lawful occupancy of the Premises has been issued for the Premises written notice sent by the appropriate governmental authority; and (c) at least three (3) Business Days' notice of the anticipated occurrence of the conditions in clauses (a) and (b) above has been given to Tenant. B. Notwithstanding anything to the contrary contained herein, if there is a delay in the availability for occupancy of the Premises due to Tenant Delay (as defined in Exhibit C to the Lease) then the Premises shall be deemed available for occupancy on the date on which the Premises would have been available for occupancy but for such Tenant Delay, even though a certificate of occupancy or other certificate permitting the lawful occupancy of the Premises has not been issued or the Leasehold Improvements have not been commenced or completed. SECTION 3.3 The Net Rentable Area of the Premises and the Building are approximately as stated in Sections 1.1I and J, respectively, and shall be specifically calculated by the Landlord's architect or space planner using base building plans in accordance with the definition set forth in Article 27 hereof when the Leasehold Improvements for the Premises are substantially complete. By written instrument Landlord substantially in the form of Exhibit D E attached hereto, Landlord shall notify Tenant of hereto (the Commencement Date, the Net Rentable Area of the Premises and all other matters stated therein. The Commencement Notice shall be conclusive and binding on Tenant as to all matters set forth therein, unless within ten (10) days following delivery of such “Commencement Notice, Tenant contests any of the matters contained therein by notifying Landlord in writing of Tenant's objections”). The foregoing notwithstanding, Landlord's ’s failure to deliver any the Commencement Notice to Tenant shall not affect Landlord's effect the determination of the Commencement Date or Date. Upon the Net Rentable Area full execution and delivery of the Premises. SECTION 3.4 this Lease by Landlord to Tenant, Landlord shall provide Tenant may not enter or occupy access to the Premises prior to perform the Commencement Date without Landlord's express written consent Leasehold Improvements and any entry by Tenant to otherwise prepare the Premises for Tenant’s occupancy (including the installation of furniture, fixtures and Tenant’s telecommunications system). Such early access shall be subject to all of the terms, restrictions and conditions set forth in this Lease (other than the payment of Base Rent and Tenant’s Operating Costs Payment) and shall be conditioned upon Tenant furnishing Landlord evidence of insurance required in Article 13 of this Lease and in Article 7 of Exhibit D. Landlord shall contribute Landlord’s Contribution towards the cost of the Leasehold Improvements pursuant to and in accordance with the terms of Exhibit D attached hereto and made a part hereof. Section 3.2 Tenant’s occupancy of any portion of the Premises shall be conclusive evidence that Tenant (a) has accepted the Premises as suitable for Tenant’s purposes, in its “as is, where is” condition without any representations or warranties except as specifically set forth herein, and (b) has waived any defects in the Premises and the Project except for (i) any latent defects in the Building (including the Central systems of the Building, the mechanical, plumbing, electrical and heating and ventilation systems in the Premises or other common systems of the Building, the exterior of the Building and exterior windows of the Building), excluding items of damage caused by Tenant or the Tenant Parties (as such term is defined in Article 16 below) and excluding items installed at the Premises as part of or in connection with the performance of the Leasehold Improvements and/or any Alterations, and (ii) a breach of Landlord’s representations set forth in Section 8.2 hereof and/or Section 11.5 hereof. Section 3.3 Provided Tenant has not exercised Tenant’s option to cancel as set forth in Article 25 herein, Landlord shall (i) shampoo the carpet throughout the Premises; and (ii) re-paint the walls of the Premises using Building Standard paint in a color reasonably acceptable to Tenant. The work described in the immediately preceding sentence shall be referred to herein as the “Refurbishment Work”. Landlord shall perform the Refurbishment Work on or before November 30, 2015. Tenant hereby acknowledges that the Refurbishment Work will occur during the Term of this LeaseLease and during Tenant’s occupancy of the Premises; provided howeverthat Landlord will use its commercially reasonable efforts not to interfere with Tenant’s business and/or occupancy of the Premises during the performance of the Refurbishment Work but in no event shall Landlord be obligated to perform the Refurbishment Work after Business Hours. In connection therewith, but subject to Landlord’s obligation set forth above, Tenant hereby acknowledges that the Refurbishment Work shall not be deemed a constructive eviction or shall not be deemed to affect Tenant’s quiet enjoyment of the Premises and thus, in no such early entry event shall change the Commencement Date or the Expiration DateTenant be entitled to any abatement of rent as a result thereof.

TERM; COMMENCEMENT DATE; DELIVERY AND ACCEPTANCE OF PREMISES. SECTION 3.1 3.01 The Commencement Date shall be the later of (a) the date the Premises are deemed available for occupancy pursuant to Section 3.2 hereof or (b) February October 1, 2001. A. The Premises 3.02 Landlord shall be deemed available for occupancy as soon as the following conditions have been met: (a) the Leasehold Improvements (as defined in Exhibit C to the Lease) have been substantially completed as determined by Landlord's architect or space planner; (b) either a certificate or certificates of occupancy (temporary or final) or other certificate permitting the lawful occupancy of deliver the Premises has been issued for the Premises by the appropriate governmental authority; to Tenant freshly painted and (c) at least three (3) Business Dayswith additional electrical outlets installed according to tenants' notice of the anticipated occurrence of the conditions in clauses (a) and (b) above has been given to Tenantrequirements. B. Notwithstanding anything to the contrary contained herein, if there is a delay in the availability for occupancy of the Premises due to Tenant Delay (as defined in Exhibit C to the Lease) then the Premises shall be deemed available for occupancy on the date on which the Premises would have been available for occupancy but for such Tenant Delay, even though a certificate of occupancy or other certificate permitting the lawful occupancy of the Premises has not been issued or the Leasehold Improvements have not been commenced or completed. SECTION 3.3 3.03 The Net Rentable Area of the Premises and the Building are approximately as stated in Sections 1.1I 1.01I and J, respectively, and shall be specifically calculated by the Landlord's architect or space planner using base building plans in accordance with the definition set forth in Article 27 hereof when the Leasehold Improvements for the Premises are substantially complete. By written instrument substantially in the form of Exhibit D C attached hereto, Landlord shall notify Tenant of the Commencement Date, the Net Rentable Area of the Premises and all other matters stated therein. The Commencement Notice shall be conclusive and binding on Tenant as to all matters set forth therein, unless within ten five (105) days following delivery of such Commencement Notice, Tenant contests any of the matters contained therein by notifying Landlord in writing of Tenant's objections. The foregoing notwithstanding, Landlord's failure to deliver any Commencement Notice to Tenant shall not affect Landlord's determination of the Commencement Date or the Net Rentable Area of the PremisesDate. SECTION 3.4 3.04 Tenant may not enter or occupy the Premises prior to the Commencement Date without Landlord's express written consent and any entry by Tenant shall be subject to all of the terms of this Lease; provided however, that no such early entry shall change the Commencement Date or the Expiration Date. Tenant shall be granted early access to the space for the purpose of voice, data and furniture installation. 3.05 Occupancy of the Premises or any portion thereof by Tenant or anyone claiming through or under Tenant for the conduct of Tenant's, or such other person's business therein shall be conclusive evidence that Tenant and all parties claiming through or under Tenant (a) have accepted the Premises as suitable for the purposes for which the Premises are leased hereunder, (b) have accepted the Common Areas as being in a good and satisfactory condition and (c) have waived any defects in the Premises and the Project. Landlord shall have no liability, except for gross negligence or willful misconduct, to Tenant or any of Tenant's agents, employees, licensees, servants or invitees for any injury or damage to any person or property due to the condition or design of, or any defect in, the Premises or the Project, including any electrical, plumbing or mechanical systems and equipment of the Premises or the Project and the condition of or any defect in the Land; and Tenant, for itself and its agents, employees, licensees, servants and invitees, expressly assumes all risks of injury or damage to person or property, either proximate or remote, resulting from the condition of the Premises or the Project.