Common use of Term Commencement Date Clause in Contracts

Term Commencement Date. A. The date that Sublandlord delivers possession of the Additional Subleased Premises to Subtenant shall be the “Delivery Date.” It is presently anticipated, but not guaranteed, that Sublandlord will deliver possession of the Additional Subleased Premises to Subtenant on or before July 18, 2015 (the “Estimated Delivery Date”). Sublandlord agrees to use commercially reasonable efforts to obtain timely possession of the Additional Subleased Premises from the current occupant. If delivery of possession is delayed or does not otherwise occur by the Estimated Delivery Date, this Second Amendment shall not be void or voidable (except as set forth below), nor shall Sublandlord be liable to Subtenant for any loss or damage resulting therefrom. Notwithstanding anything to the contrary set forth in this Second Amendment, in the event Sublandlord is unable to deliver the Additional Subleased Premises to Subtenant by January 1, 2016, Subtenant shall have the right to terminate this Second Amendment by providing Sublandlord with written notice within ten (10) business days of such date. B. Commencing on the Delivery Date and continuing thereafter until the Additional Subleased Premises Commencement Date (as defined below), Subtenant may access the Additional Subleased Premises solely for the purpose of preparing the Additional Subleased Premises for Subtenant’s occupancy (including the installation of telecommunications wiring, cabling and furniture), without the payment of Base Rent or Additional Rent, provided that all other provisions of the Sublease shall be in full force and effect. C. Subject to the provisions of Section 4.A above, the Term of the Sublease for the Additional Subleased Premises (“Additional Subleased Premises Term”) shall commence on the earlier of (i) forty-five (45) days following the Delivery Date, or (ii) the date that Subtenant commences business operations from the Additional Subleased Premises (the “Additional Subleased Premises Commencement Date”). The Additional Subleased Premises Term shall expire simultaneously with the expiration of the Term for the Original Subleased Premises under the Original Sublease. D. Following the Additional Subleased Premises Commencement Date, Sublandlord may prepare and deliver to Subtenant a commencement letter in the form of Exhibit B attached hereto (the “Commencement Letter”), confirming the Additional Subleased Premises Commencement Date, the Base Rent payable for the Additional Subleased Premises Term and certain other sublease terms with respect to the Additional Subleased Premises. Subtenant shall acknowledge and confirm the Additional Subleased Premises Commencement Date and other sublease terms by executing a copy of the Commencement Letter and returning it to Sublandlord within ten (10) business days after Subtenant’s receipt of the Commencement Letter. If Subtenant fails to sign and return the Commencement Letter to Sublandlord within such ten (10) business day period, the Commencement Letter as sent by Sublandlord shall be deemed to have correctly set forth the Additional Subleased Premises Commencement Date and the other matters addressed in the Commencement Letter. Sublandlord’s failure to send the Commencement Letter shall have no effect on the Additional Subleased Premises Commencement Date.

Term Commencement Date. A. The date that Sublandlord delivers possession of the Additional Subleased Premises are Ready For Occupancy (as defined in Exhibit D attached hereto), which Term Commencement Date is anticipated to be August 1, 2015. In the event Landlord fails to deliver the Premises to Subtenant shall be Tenant with the “Delivery Date.” It is presently anticipated, but not guaranteed, that Sublandlord will deliver possession of the Additional Subleased Premises to Subtenant Tenant Improvements Substantially Complete on or before July 18November 1, 2015 ("First Outside Date") as such First Outside Date shall be extended due to Force Majeure delays and Tenant Delays, Tenant will be entitled to one day of free Monthly Base Rent, to be applied after the “Estimated Delivery Date”). Sublandlord agrees to use commercially reasonable efforts to obtain timely possession of the Additional Subleased Premises from the current occupant. If delivery of possession is delayed or does not otherwise occur by the Estimated Delivery Term Commencement Date, this Second Amendment shall for each day after such First Outside Date that the Premises are not be void or voidable (except delivered to Tenant as set forth below), nor shall Sublandlord be liable to Subtenant for any loss or damage resulting therefromrequired hereunder. Notwithstanding anything to the contrary set forth in this Second Amendment, in In the event Sublandlord is unable fails to deliver the Additional Subleased Premises to Subtenant by January Tenant with the Tenant Improvements Substantially Complete on or before December 1, 20162015 ("Second Outside Date"), Subtenant as such Second Outside Date shall have the right be deemed extended due to Force Majeure delays and Tenant Delays, Tenant may terminate this Second Amendment Lease by providing Sublandlord with delivery of written notice within ten (10) business days of such date. B. Commencing on the Delivery Date and continuing thereafter until the Additional Subleased Premises Commencement Date (as defined below), Subtenant may access the Additional Subleased Premises solely for the purpose of preparing the Additional Subleased Premises for Subtenant’s occupancy (including the installation of telecommunications wiring, cabling and furniture), without the payment of Base Rent or Additional Rent, provided to Landlord no later than that all other provisions of the Sublease shall be in full force and effect. C. Subject to the provisions of Section 4.A above, the Term of the Sublease for the Additional Subleased Premises (“Additional Subleased Premises Term”) shall commence on the earlier of (i) forty-date which is five (45) days following the Delivery Date, or (ii) the date that Subtenant commences business operations from the Additional Subleased Premises (the “Additional Subleased Premises Commencement Date”). The Additional Subleased Premises Term shall expire simultaneously with the expiration of the Term for the Original Subleased Premises under the Original Sublease. D. Following the Additional Subleased Premises Commencement Date, Sublandlord may prepare and deliver to Subtenant a commencement letter in the form of Exhibit B attached hereto (the “Commencement Letter”), confirming the Additional Subleased Premises Commencement Date, the Base Rent payable for the Additional Subleased Premises Term and certain other sublease terms with respect to the Additional Subleased Premises. Subtenant shall acknowledge and confirm the Additional Subleased Premises Commencement Date and other sublease terms by executing a copy of the Commencement Letter and returning it to Sublandlord within ten (105) business days after Subtenant’s receipt of the Commencement Letter. If Subtenant fails such Second Outside Date, in which case Landlord will immediately refund all amounts paid by Tenant pursuant to sign this Lease and return the Commencement Letter to Sublandlord within such ten (10) business day period, the Commencement Letter as sent by Sublandlord shall be deemed to have correctly set forth the Additional Subleased Premises Commencement Date and the other matters addressed in the Commencement Letter. Sublandlord’s failure to send the Commencement Letter Tenant shall have no effect on further obligations to Landlord pursuant to this Lease except for those obligations which expressly survive the Additional Subleased Premises Commencement Dateexpiration or sooner termination of this Lease.

Term Commencement Date. A. The date that Sublandlord delivers possession For purposes of this Lease, the Additional Subleased Premises to Subtenant "Term Commencement Date" shall be the “Delivery Date.” It is presently anticipated, but not guaranteed, that Sublandlord will deliver possession of the Additional Subleased Premises to Subtenant on or before July 18, 2015 (the “Estimated Delivery Date”). Sublandlord agrees to use commercially reasonable efforts to obtain timely possession of the Additional Subleased Premises from the current occupant. If delivery of possession is delayed or does not otherwise occur by the Estimated Delivery Date, this Second Amendment shall not be void or voidable (except defined as set forth below), nor shall Sublandlord be liable to Subtenant for any loss or damage resulting therefrom. Notwithstanding anything to the contrary set forth in this Second Amendment, in the event Sublandlord is unable to deliver the Additional Subleased Premises to Subtenant by January 1, 2016, Subtenant shall have the right to terminate this Second Amendment by providing Sublandlord with written notice within ten (10) business days of such date. B. Commencing on the Delivery Date and continuing thereafter until the Additional Subleased Premises Commencement Date (as defined below), Subtenant may access the Additional Subleased Premises solely for the purpose of preparing the Additional Subleased Premises for Subtenant’s occupancy (including the installation of telecommunications wiring, cabling and furniture), without the payment of Base Rent or Additional Rent, provided that all other provisions of the Sublease shall be in full force and effect. C. Subject to the provisions of Section 4.A above, the Term of the Sublease for the Additional Subleased Premises (“Additional Subleased Premises Term”) shall commence on the earlier of (iA) forty-five (45) days following the Delivery Datefirst date on which Tenant occupies all or any part of the Premises for the conduct of business, or (B) fourteen (14) days after the date on which both of the following shall occur: (i) Landlord's Work shall be (or be deemed to be) substantially completed (notwithstanding the incompleteness of (x) so-called "punch list" items, (y) work to be undertaken by Landlord which does not materially impair Tenant's use of the Premises for the purposes allowed herein, and (z) finishes and exterior landscaping to the Property), and (ii) the date that Subtenant commences business operations from the Additional Subleased Premises a certificate of occupancy has been (the “Additional Subleased Premises Commencement Date”). The Additional Subleased Premises Term shall expire simultaneously with the expiration of the Term for the Original Subleased Premises under the Original Sublease. D. Following the Additional Subleased Premises Commencement Date, Sublandlord may prepare and deliver or is deemed to Subtenant a commencement letter in the form of Exhibit B attached hereto (the “Commencement Letter”), confirming the Additional Subleased Premises Commencement Date, the Base Rent payable for the Additional Subleased Premises Term and certain other sublease terms have been) issued with respect to the Additional Subleased Premises. Subtenant shall acknowledge Premises (or the building inspector has (or is deemed to have) provided a verbal "sign off" on Landlord's Work and confirm the Additional Subleased Premises Commencement Date and other sublease terms by executing indicated that a copy certificate of the Commencement Letter and returning it to Sublandlord within ten (10) business days after Subtenant’s receipt of the Commencement Letteroccupancy will issue in due course). If Subtenant fails Tenant (or any agent, employee or contractor of Tenant) causes any delay in the performance or substantial completion of Landlord's Work (including, without limitation, by failing to sign and return timely prepare the Commencement Letter to Sublandlord within such ten (10) business day periodConstruction Drawings), the Commencement Letter as sent by Sublandlord then Landlord's Work shall be deemed to have correctly set forth been substantially completed on the Additional Subleased Premises Commencement Date date that Landlord's Work would have been substantially completed but for such delay, and the other matters addressed certificate of occupancy for the Premises (or building inspector "sign off" as aforesaid) shall be deemed to have been issued (or provided) on the date it would have been issued (or provided) but for such delay. Landlord shall use reasonable efforts to substantially complete Landlord's Work by the date (as the same may be modified by Landlord at or prior to the time of its approval of the Construction Drawings as provided in the Commencement Letter. Sublandlord’s failure to send second paragraph of Section 10.22, the Commencement Letter "Estimated Substantial Completion Date") which is ninety (90) days after Landlord's final approval of the Construction Drawings, but Tenant shall not have any claim against Landlord, and Landlord shall have no effect liability to Tenant, if Landlord's Work is not substantially completed by the Estimated Substantial Completion Date. Notwithstanding the foregoing, if Landlord fails to substantially complete Landlord's Work on or before the Additional Subleased Premises date which is sixty (60) days after the Estimated Substantial Completion Date due to Landlord's fault or neglect, then Tenant shall be entitled to a credit (offset) against Base Rent due and payable as of the Term Commencement DateDate in the amount of one (1) day of Base Rent for each day after the Estimated Substantial Completion Date that Landlord's Work shall not have been substantially completed.

Term Commencement Date. A. The date that Sublandlord delivers possession Term Commencement Date in respect of the Additional Subleased Premises to Subtenant Expansion Area (the “Expansion Commencement Date”), shall be the “Delivery Date.” It is presently anticipatedlater of: (i) April 1, but 2008, and (ii) the date that the then-current occupant vacates the Expansion Area. While Tenant’s right to exercise its option to lease the Expansion Area remains outstanding, Landlord will not guaranteed, enter into any lease with any entity other than Tenant or a Tenant Affiliate that Sublandlord will deliver possession permit such entity to occupy all or any portion of the Additional Subleased Premises to Subtenant on or before July 18Expansion Area after March 31, 2015 (the “Estimated Delivery Date”)2008. Sublandlord Landlord agrees to use commercially reasonable efforts to obtain timely deliver the Expansion Area to Tenant on or before April 1, 2008, which efforts shall include, if necessary, the commencement and prosecution of a summary process action to recover possession of such space. If Landlord fails to deliver possession of the Additional Subleased Premises from Expansion Area to Tenant on or before April 1, 2008, then, as Tenant’s remedy therefor, Tenant shall receive a credit against Base Rent due hereunder in an amount equal to the current occupant. If delivery excess of possession is delayed or does not otherwise occur (a) the base rent payable by the Estimated Delivery Date, this Second Amendment shall not be void or voidable (except then-current occupant of the Expansion Area as set forth below), nor shall Sublandlord be liable to Subtenant for any loss or damage resulting therefrom. Notwithstanding anything increased pursuant to the contrary set forth in this Second Amendment, in the event Sublandlord is unable to deliver the Additional Subleased Premises to Subtenant by January 1, 2016, Subtenant shall have the right to terminate this Second Amendment by providing Sublandlord with written notice within ten (10) business days holdover provisions of such date. B. Commencing on the Delivery Date and continuing thereafter until the Additional Subleased Premises Commencement Date (as defined below), Subtenant may access the Additional Subleased Premises solely for the purpose of preparing the Additional Subleased Premises for Subtenantoccupant’s occupancy (including the installation of telecommunications wiring, cabling and furniture), without the payment of Base Rent or Additional Rent, provided that all other provisions of the Sublease shall be in full force and effect. C. Subject to the provisions of Section 4.A above, the Term of the Sublease for the Additional Subleased Premises (“Additional Subleased Premises Term”) shall commence on the earlier of (i) forty-five (45) days following the Delivery Date, or (ii) the date that Subtenant commences business operations from the Additional Subleased Premises (the “Additional Subleased Premises Commencement Date”). The Additional Subleased Premises Term shall expire simultaneously with the expiration of the Term for the Original Subleased Premises under the Original Sublease. D. Following the Additional Subleased Premises Commencement Date, Sublandlord may prepare and deliver to Subtenant a commencement letter in the form of Exhibit B attached hereto (the “Commencement Letter”), confirming the Additional Subleased Premises Commencement Date, the Base Rent payable for the Additional Subleased Premises Term and certain other sublease terms lease with respect to the Additional Subleased PremisesExpansion Area over (b) the Base Rent determined under Paragraph (2) below with respect to the Expansion Area. Subtenant Such credit shall acknowledge be calculated on a per diem basis for each day that elapses after April 1, 2008, and confirm before the Additional Subleased Premises earlier to occur of (x) the Expansion Commencement Date and other sublease terms by executing (y) June 1, 2008. In addition to the foregoing, if the Expansion Commencement Date has not occurred on or before June 1, 2008, then Tenant shall receive a copy credit against Base Rent payable hereunder in the amount of the Commencement Letter per diem Base Rent determined under Paragraph (2) below with respect to the Expansion Area for each day that elapses after June 1, 2008, and returning it to Sublandlord within ten (10) business days after Subtenant’s receipt before the occurrence of the Expansion Commencement LetterDate. If Subtenant fails Notwithstanding the foregoing, if the per diem credit that tenant would receive for the period from April 1, 2008 through June 1, 2008 exceeds the per diem credit that Tenant would receive after June 1, 2008, then, in lieu of the credit set forth above applicable after June 1, 2008, Tenant shall continue to sign and return receive, if the Expansion Commencement Letter to Sublandlord within such ten (10) business day periodDate has not occurred on or before June 1, 2008, the Commencement Letter as sent by Sublandlord shall be deemed to have correctly set forth the Additional Subleased Premises Commencement Date and the other matters addressed in the Commencement Letter. Sublandlord’s failure to send the Commencement Letter shall have no effect on the Additional Subleased Premises Commencement Datepreviously applicable rent credit.

Term Commencement Date. A. The date that Sublandlord delivers possession (a) Subject to Sections 3.01(c) and (d) of this Lease, Rent shall commence and the Term Commencement Date shall occur fourteen (14) days following the Substantial Completion of the Additional Subleased Premises to Subtenant shall be Tenant Improvements in accordance with Exhibit B hereto (such date being the “Delivery "Term Commencement Date.” It is presently anticipated"). Notwithstanding the foregoing, but not guaranteed, that Sublandlord will deliver possession upon the Substantial Completion of the Additional Subleased Premises to Subtenant on or before July 18, 2015 (the “Estimated Delivery Date”). Sublandlord agrees to use commercially reasonable efforts to obtain timely possession Tenant Improvements in portions of the Additional Subleased Premises, Landlord shall deliver such completed portions of the Premises from (but only in Half Floor or Full Floor increments) to Tenant for Tenant to move furniture and equipment into such completed portions of the current occupantPremises. If delivery of possession is delayed or does not otherwise occur by Prior to the Estimated Delivery Date, this Second Amendment Term Commencement Date Tenant shall not be void pay any Rent while moving or voidable (except as set forth below), nor shall Sublandlord be liable to Subtenant for any loss or damage resulting therefrominstalling furniture and equipment in such completed portions of the Premises. Notwithstanding anything in this Lease to the contrary set forth contrary, if at any time prior to the Term Commencement Date, Tenant commences business operations from any completed portion of the Premises, then all terms and provisions of the Lease shall be in this Second Amendment, in full force and effect and Tenant shall pay a proportionate share of the event Sublandlord is unable to deliver Rent for the Additional Subleased Premises to Subtenant by January 1, 2016, Subtenant shall have the right to terminate this Second Amendment by providing Sublandlord with written notice within ten (10) business days use of such date. B. Commencing on completed portion of the Delivery Date and continuing thereafter until Premises; provided, however, that such commencement of business operations from any completed portion of the Additional Subleased Premises shall not trigger the Term Commencement Date (as defined below)Date. If Tenant commences business operations from any portion of the Premises prior to the Term Commencement Date, Subtenant may access the Additional Subleased Premises solely for the purpose of preparing the Additional Subleased Premises for Subtenant’s occupancy (including the installation of telecommunications wiring, cabling and furniture), without the payment of Base Rent or Additional Rent, provided that then all other provisions of the Sublease Lease (except for the full payment of Rent [Tenant will only be paying a proportionate share of the Rent for the use of the portion of the Premises being used by Tenant] and the commencement of the Term Commencement Date) shall apply and be in full force and effect. C. Subject (b) Intentionally Deleted (c) Landlord hereby agrees to use good faith diligent efforts to Substantially Complete the provisions Tenant Improvements on or before the Completion Date (defined below). If Landlord does not Substantially Complete the Tenant Improvements by the Completion Date, then Tenant, as Tenant's sole and exclusive remedy (except as otherwise set forth in the following sentence), shall be to receive from Landlord a rent credit equal to one (1) day of Section 4.A abovefree Annual Rental for every one (1) day that the Tenant Improvements are not Substantially Completed following the Completion Date. Additionally, Tenant shall have the Term of right to terminate this Lease by giving Landlord ten (10) days prior written notice in the Sublease event that Landlord fails to Substantially Complete the Tenant Improvements for the Additional Subleased Premises within ninety (“Additional Subleased Premises Term”) shall commence on the earlier of (i) forty-five (4590) days following the Delivery Completion Date; provided, or (ii) however, Tenant shall provide such prior written notice to Landlord prior to Landlord Substantially Completing the Tenant Improvements. The term "Completion Date" shall mean that date which is 200 days from the date that Subtenant commences business operations from the Additional Subleased Premises (the “Additional Subleased Premises Commencement Date”). The Additional Subleased Premises Term shall expire simultaneously with the expiration of approval of the Term for the Original Subleased Premises under the Original Sublease. D. Following the Additional Subleased Premises Commencement Date"Final Plans" (as defined in Exhibit "B") by both Tenant and Landlord; provided, Sublandlord may prepare and deliver to Subtenant a commencement letter in the form of Exhibit B attached hereto (the “Commencement Letter”), confirming the Additional Subleased Premises Commencement Datehowever, the Base Rent payable for the Additional Subleased Premises Term and certain other sublease terms with respect to the Additional Subleased Premises. Subtenant shall acknowledge and confirm the Additional Subleased Premises Commencement Completion Date and other sublease terms by executing a copy of the Commencement Letter and returning it to Sublandlord within ten (10) business days after Subtenant’s receipt of the Commencement Letter. If Subtenant fails to sign and return the Commencement Letter to Sublandlord within such ten (10) business day period, the Commencement Letter as sent by Sublandlord shall be deemed to have correctly set forth the Additional Subleased Premises Commencement Date postponed one (1) day for each day of Tenant Delay and the other matters addressed in the Commencement Letter. Sublandlord’s failure to send the Commencement Letter shall have no effect on the Additional Subleased Premises Commencement Dateone (1) day for each day that one or more Force Majeure Events are experienced by Landlord and/or its contractors, subcontractors and employees.

Term Commencement Date. A. (a) The term “Term Commencement Date” shall mean the date that Sublandlord delivers possession upon which (x) the Completion Date (as hereinafter defined) shall have occurred with respect to all of the Additional Subleased Premises to Subtenant shall be the “Delivery Date.” It is presently anticipated, but not guaranteed, that Sublandlord will deliver possession items of the Additional Subleased Premises to Subtenant on or before July 18, 2015 Landlord’s Initial Work (as hereinafter defined) other than item 3(b) of Landlord’s Work (the “Estimated Delivery DateInitial AC Work”)) and (y) Landlord shall have notified Tenant that Landlord has obtained the necessary approvals from the City of Norwalk for the use of the Premises for the purposes set forth in Section 1.05 hereof. Sublandlord agrees to Landlord shall use commercially reasonable efforts to obtain timely possession cause the Term Commencement Date to occur on or before the ninetieth (90th) day after the date of the Additional Subleased Premises from the current occupantthis Lease. If delivery of possession is delayed (i) the Completion Date shall fail to have occurred on or does not otherwise occur by before the Estimated Delivery Date, this Second Amendment shall not be void or voidable applicable Outside Date (except as set forth belowhereinafter defined), nor shall Sublandlord be liable to Subtenant for any loss or damage resulting therefrom. Notwithstanding anything subject to the contrary set forth in this Second Amendmentextension for the period that such occurrence is prevented due to a Tenant’s Delay or Force Majeure event (as hereinafter defined) and (ii) Tenant shall have given Landlord written notice (the “Self-Help Notice”) of such failure within thirty (30) days after the Outside Date clearly stating “NOTICE OF FAILURE TO COMPLETE LANDLORD’S INITIAL WORK; LANDLORD’S FAILURE TO COMPLETE LANDLORD’S INITIAL WORK FOR MORE THAN THIRTY (30) ADDITIONAL DAYS SHALL ENTITLE TENANT TO EXERCISE ITS SELF-HELP RIGHT TO COMPLETE LANDLORD’S INITIAL WORK” or language to substantially similar effect and (iii) the Completion Date fails to occur within 30 days after Tenant gives the Self-Help Notice, in the event Sublandlord is unable to deliver the Additional Subleased Premises to Subtenant by January 1, 2016, Subtenant then Tenant shall have the right (the “Self-Help Right”) to terminate this Second Amendment cure such failure by providing Sublandlord completing such uncompleted item(s) of Landlord’s Initial Work in the manner Landlord is required to perform the same and to recover its reasonable out-of-pocket costs actually paid to third parties to cause the Completion Date to occur by offsetting such costs against the first installments of Base Rent (as hereinafter defined) accruing hereunder; provided however, that Tenant shall provide Landlord with written notice paid receipts and invoices and partial lien waivers for all such work performed by Tenant and a xxxx therefor and shall give Landlord at least thirty (30) days to pay Tenant such xxxx prior to Tenant exercising any such right of offset against Base Rent. In the event that Landlord asserts that the Completion Date has not occurred on or before the Outside Date by reason of a Force Majeure event, then Landlord shall (x) within ten three (103) business days thereafter, provide Tenant with a reasonably detailed explanation of such date. B. Commencing on why Tenant’s exercise of the Delivery Self-Help Right would not expedite the occurrence of the Completion Date and continuing (y) diligently and continuously attempt to cause the Completion Date to occur as soon thereafter until the Additional Subleased Premises Commencement Date (as defined below), Subtenant may access the Additional Subleased Premises solely for the purpose of preparing the Additional Subleased Premises for Subtenant’s occupancy (including the installation of telecommunications wiring, cabling and furniture), without the payment of Base Rent or Additional Rent, provided that all other provisions of the Sublease shall be in full force and effectreasonably practicable. C. Subject to the provisions of Section 4.A above, the Term of the Sublease for the Additional Subleased Premises (“Additional Subleased Premises Term”) shall commence on the earlier of (i) forty-five (45) days following the Delivery Date, or (ii) the date that Subtenant commences business operations from the Additional Subleased Premises (the “Additional Subleased Premises Commencement Date”). The Additional Subleased Premises Term shall expire simultaneously with the expiration of the Term for the Original Subleased Premises under the Original Sublease. D. Following the Additional Subleased Premises Commencement Date, Sublandlord may prepare and deliver to Subtenant a commencement letter in the form of Exhibit B attached hereto (the “Commencement Letter”), confirming the Additional Subleased Premises Commencement Date, the Base Rent payable for the Additional Subleased Premises Term and certain other sublease terms with respect to the Additional Subleased Premises. Subtenant shall acknowledge and confirm the Additional Subleased Premises Commencement Date and other sublease terms by executing a copy of the Commencement Letter and returning it to Sublandlord within ten (10) business days after Subtenant’s receipt of the Commencement Letter. If Subtenant fails to sign and return the Commencement Letter to Sublandlord within such ten (10) business day period, the Commencement Letter as sent by Sublandlord shall be deemed to have correctly set forth the Additional Subleased Premises Commencement Date and the other matters addressed in the Commencement Letter. Sublandlord’s failure to send the Commencement Letter shall have no effect on the Additional Subleased Premises Commencement Date.

Term Commencement Date. A. The date that Sublandlord delivers possession (a) Landlord shall make the Leased Premises available to Tenant for the performance by Tenant of its Tenant finish work simultaneously with the Additional Subleased Premises to Subtenant Effective Date of this Lease. Such space shall be the “Delivery Date.” It is presently anticipateddelivered to Tenant in "as is" condition, but not guaranteedLandlord having no obligation to do any demolition, that Sublandlord will deliver possession of the Additional Subleased Premises construction or improvement work with respect to Subtenant on or before July 18such space, 2015 (the “Estimated Delivery Date”). Sublandlord agrees to use commercially reasonable efforts to obtain timely possession of the Additional Subleased Premises from the current occupant. If delivery of possession is delayed or does not otherwise occur by the Estimated Delivery Date, this Second Amendment shall not be void or voidable (except as set forth below), nor shall Sublandlord be liable to Subtenant provided in Exhibit "B". Rent and occupancy for any loss or damage resulting therefrom. Notwithstanding anything to the contrary set forth in this Second Amendment, in the event Sublandlord is unable to deliver the Additional Subleased Premises to Subtenant by January 1, 2016, Subtenant shall have the right to terminate this Second Amendment by providing Sublandlord with written notice within ten (10) Tenant's business days of such date. B. Commencing on the Delivery Date and continuing thereafter until the Additional Subleased Premises Commencement Date (as defined below), Subtenant may access the Additional Subleased Premises solely for the purpose of preparing the Additional Subleased Premises for Subtenant’s occupancy (including the installation of telecommunications wiring, cabling and furniture), without the payment of Base Rent or Additional Rent, provided that all other provisions of the Sublease shall be in full force and effect. C. Subject to the provisions of Section 4.A above, the Term of the Sublease for the Additional Subleased Premises (“Additional Subleased Premises Term”) operations shall commence on upon the earlier of (i) forty-five (45) days following the Delivery Date, date Tenant has completed its move in and has commenced its business operations or (ii) September 15, 1997. (b) Except as specifically and expressly provided in this Lease, Landlord makes no express or implied warranties as to the date that Subtenant commences condition of such space (or any other space subsequently leased by Tenant) or its suitability for the conduct of Tenant's business operations from except as provided in Exhibit "F". (c) Prior to performing any work in the Additional Subleased Leased Premises, Tenant shall submit working drawings and specifications sufficient to complete construction based thereon ("Tenant's Plans") for Tenant's improvements, additions, installations, alterations and trade fixtures to be installed in the Leased Premises (the “Additional Subleased Premises Commencement Date”). The Additional Subleased Premises Term shall expire simultaneously with the expiration of the Term and for the Original Subleased Premises under the Original Sublease. D. Following the Additional Subleased Premises Commencement Date, Sublandlord may prepare and deliver to Subtenant a commencement letter in the form of Exhibit B attached hereto (the “Commencement Letter”), confirming the Additional Subleased Premises Commencement Date, the Base Rent payable for the Additional Subleased Premises Term and certain other sublease terms with respect any subsequent improvements or changes to the Additional Subleased Leased Premises, including as to additional space added thereto) for Landlord's review and written approval. Subtenant Landlord shall acknowledge and confirm the Additional Subleased Premises Commencement Date and other sublease terms by executing a copy of the Commencement Letter and returning it to Sublandlord within have ten (10) business days after Subtenant’s from receipt of Tenant's Plans to either approve or reject or comment to same, specifying the Commencement Letterreason for any objections or comments in reasonable detail in writing. If Subtenant fails Landlord shall not unreasonably withhold its approval to sign any of Tenant's Plans provided (i) the same provide for improvements which will be compatible and return integrate with and not unduly drain from the Commencement Letter to Sublandlord within such ten base building systems for the Building and will meet all structural design load requirements; (10ii) business day periodno improvements of Tenant will be visible from the exterior of the Building; (iii) any improvements visible from common areas, including elevator lobbies, will be aesthetically compatible with the Building common areas; (iv) all of Tenant's improvements and the construction thereof will be consistent with good construction, engineering and safety practices; and (v) any additional requirements of Sections 7.01 or 11.01 , the Commencement Letter Rules and Regulations attached hereto as sent by Sublandlord Exhibit "H" and other provisions of this Lease are met. Landlord shall charge no plan review fee or fee for third- Tenant shall perform all construction with contractors and subcontractors of its choice, subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Tenant shall cooperate in providing Landlord with the information that it requests to qualify contractors or subcontractors. Tenant and Tenant's contractors and subcontractors shall comply with all Applicable Laws and all of the Building Rules and Regulations as set forth in performing its construction. All such construction shall be deemed to have correctly set forth the Additional Subleased Premises Commencement Date performed in a good and workmanlike manner in keeping with good construction practice. Tenant shall be responsible for obtaining all of its required building permits and the certificate of occupancy (if required) for the Leased Premises, as well as any special permits or licenses required pursuant to Section 7.01. Tenant shall indemnify and hold harmless Landlord from and against any and all losses, damages, costs and expenses (includes costs of suit and attorneys' fees), liabilities, or causes of action arising out of or relating to any alterations, additions, installations, or improvements made by Tenant to the Leased Premises, including but not limited to, mechanics, materialmen's or other matters addressed in liens or claims (and all costs or expenses associated therewith) asserted, filed or arising out of any such work. All contracts with materialmen, contractors, artisans, mechanics, laborers and other parties hereafter contracting with Tenant for the Commencement Letterfurnishing of any labor, services, materials, supplies or equipment with respect to any portion of the Leased Premises must provide that they look solely to Tenant for payment for same. Sublandlord’s failure Without limiting the generality of the foregoing, Tenant shall repair or cause to send be repaired at its expense all damage caused by Tenant or any of its contractors, their subcontractors or their employees, to the Commencement Letter Building or any mechanical system therein, or at Landlord's option, following notice to Tenant which is reasonable under the circumstances, Landlord shall have no effect on the Additional Subleased Premises Commencement Daterepair such damage at Tenant's cost and expense.

Term Commencement Date. A. The date that Sublandlord delivers possession “Term Commencement Date” shall be the earlier of the Additional Subleased date on which: (a) Landlord delivers the Premises to Subtenant shall be Tenant with the Delivery Condition (as defined below) satisfied (the “Delivery Date.” It is presently anticipated, but not guaranteed, that Sublandlord will deliver possession ”); or (b) Tenant occupies any portion of the Additional Subleased Premises for the conduct of its business. Subject to Subtenant the foregoing provision, Landlord anticipates that the Delivery Date shall occur on or before July 181, 2015 2019 (the “Estimated Delivery Term Commencement Date”). Sublandlord agrees to use commercially reasonable efforts to obtain timely possession of Notwithstanding the Additional Subleased Premises from the current occupant. If delivery of possession is delayed foregoing or does not otherwise occur by the Estimated Delivery Date, this Second Amendment shall not be void or voidable (except as set forth below), nor shall Sublandlord be liable to Subtenant for any loss or damage resulting therefrom. Notwithstanding anything to the contrary set forth in this Second AmendmentLease, but subject to the terms and provisions set forth hereinbelow, Tenant acknowledges that (i) all or a portion of the Premises are currently occupied by another tenant, Kaspersky Lab, Inc. (“Kaspersky”), with whom Landlord has entered into an agreement obligating Kaspersky to vacate and surrender the Premises to Landlord on or before June 30, 2019, (ii) Landlord shall not be liable to Tenant for failing to deliver the Premises, or any portion thereof, to Tenant by any particular date, and (iii) Tenant shall not have the right to terminate this Lease for Landlord’s failure to timely deliver the Premises, or any portion thereof, to Tenant by any particular date, but shall accept delivery of such Premises when delivered by Landlord with the Delivery Condition satisfied. Notwithstanding the foregoing, if the Delivery Date has not occurred on or before the Estimated Term Commencement Date, then this Lease shall not be void or voidable and neither Landlord nor any of Landlord’s Agents shall be liable to Tenant for any loss or damage resulting therefrom; provided, that, subject to any delays caused by casualty and/or condemnation pursuant to ARTICLE 14 below and/or Force Majeure, in the event Sublandlord that the Delivery Date is unable to deliver the Additional Subleased Premises to Subtenant by January delayed beyond: (A) August 1, 20162019 (the “Initial Outside Delivery Date”), Subtenant then so long as this Lease is then in full force and effect and no default of Tenant exists hereunder beyond the expiration of applicable notice and cure periods, Tenant shall, following the Rent Commencement Date, receive a credit against Basic Rent equal to one (1) days’ then current Basic Rent for each one (1) day that the Delivery Date is delayed beyond the Initial Outside Delivery Date; and (B) September 1, 2019, then so long as this Lease is then in full force and effect and no default of Tenant exists hereunder beyond the expiration of applicable notice and cure periods, Tenant shall have the right to terminate this Second Amendment by providing Sublandlord with Lease upon at least ten (10) Business Days’ written notice to Landlord (“Tenant’s Termination Notice”) in which case this Lease shall terminate and be of no further force and effect without further liability or obligation on the part of either party (except for any obligations expressly stated herein to survive termination) unless Landlord causes the Delivery Date to occur prior to the expiration of such ten (10) Business Day period, in which case such termination and termination right (and Tenant’s Termination Notice) shall be null and void and of no further force and effect and this Lease shall continue in full force and effect. Promptly upon the occurrence of the Term Commencement Date, Landlord may, at Landlord’s option, deliver to Tenant written notice confirming same, but Landlord’s failure to deliver such notice shall not constitute a default by Landlord or affect the rights and obligations of the parties hereunder. At Landlord’s request, Tenant shall execute and deliver to Landlord a Commencement Date Agreement in the form attached hereto as Exhibit D confirming the Term Commencement Date, the Rent Commencement Date and the Expiration Date within ten (10) business days of such daterequest. B. Commencing on the Delivery Date and continuing thereafter until the Additional Subleased Premises Commencement Date (as defined below), Subtenant may access the Additional Subleased Premises solely for the purpose of preparing the Additional Subleased Premises for Subtenant’s occupancy (including the installation of telecommunications wiring, cabling and furniture), without the payment of Base Rent or Additional Rent, provided that all other provisions of the Sublease shall be in full force and effect. C. Subject to the provisions of Section 4.A above, the Term of the Sublease for the Additional Subleased Premises (“Additional Subleased Premises Term”) shall commence on the earlier of (i) forty-five (45) days following the Delivery Date, or (ii) the date that Subtenant commences business operations from the Additional Subleased Premises (the “Additional Subleased Premises Commencement Date”). The Additional Subleased Premises Term shall expire simultaneously with the expiration of the Term for the Original Subleased Premises under the Original Sublease. D. Following the Additional Subleased Premises Commencement Date, Sublandlord may prepare and deliver to Subtenant a commencement letter in the form of Exhibit B attached hereto (the “Commencement Letter”), confirming the Additional Subleased Premises Commencement Date, the Base Rent payable for the Additional Subleased Premises Term and certain other sublease terms with respect to the Additional Subleased Premises. Subtenant shall acknowledge and confirm the Additional Subleased Premises Commencement Date and other sublease terms by executing a copy of the Commencement Letter and returning it to Sublandlord within ten (10) business days after Subtenant’s receipt of the Commencement Letter. If Subtenant fails to sign and return the Commencement Letter to Sublandlord within such ten (10) business day period, the Commencement Letter as sent by Sublandlord shall be deemed to have correctly set forth the Additional Subleased Premises Commencement Date and the other matters addressed in the Commencement Letter. Sublandlord’s failure to send the Commencement Letter shall have no effect on the Additional Subleased Premises Commencement Date.

Term Commencement Date. A. The date that Sublandlord delivers possession term of the Additional Subleased Premises to Subtenant shall be the “Delivery Date.” It is presently anticipated, but not guaranteed, that Sublandlord will deliver possession of the Additional Subleased Premises to Subtenant on or before July 18, 2015 this Lease (the “Estimated Delivery Date”). Sublandlord agrees to use commercially reasonable efforts to obtain timely possession of the Additional Subleased Premises from the current occupant. If delivery of possession is delayed or does not otherwise occur by the Estimated Delivery Date, this Second Amendment shall not be void or voidable (except as set forth below), nor shall Sublandlord be liable to Subtenant for any loss or damage resulting therefrom. Notwithstanding anything to the contrary set forth in this Second Amendment, in the event Sublandlord is unable to deliver the Additional Subleased Premises to Subtenant by January 1, 2016, Subtenant shall have the right to terminate this Second Amendment by providing Sublandlord with written notice within ten (10) business days of such date. B. Commencing on the Delivery Date and continuing thereafter until the Additional Subleased Premises Commencement Date (as defined below), Subtenant may access the Additional Subleased Premises solely for the purpose of preparing the Additional Subleased Premises for Subtenant’s occupancy (including the installation of telecommunications wiring, cabling and furniture), without the payment of Base Rent or Additional Rent, provided that all other provisions of the Sublease shall be in full force and effect. C. Subject to the provisions of Section 4.A above, the Term of the Sublease for the Additional Subleased Premises (“Additional Subleased Premises "Term”") shall commence on the earlier date (the "Term Commencement Date") that the Premises are Ready for Delivery (as defined in Section 2.2 below). Unless sooner terminated, as provided in this Lease, the Term shall end on the anniversary of the Term Commencement Date (ithe "Term Expiration Date"). If Landlord does not tender possession of the Premises to Tenant on or before the Target Commencement Date for any reason whatsoever, Landlord shall not be rendered liable for any damage caused thereby and this Lease shall not be rendered void or voidable thereby, but Tenant shall not be liable for any Rent (as defined in Section 3.4 below) forty-five until the Term Commencement Date. No failure to tender possession of the Premises on or before the Target Commencement Date shall (45a) days following the Delivery Datein any way affect any other obligation of Tenant hereunder, or (iib) if the date that Subtenant commences business operations from delay is a Landlord caused delay, the Additional Subleased Premises (equal number of days delayed shall be added to the “Additional Subleased Premises Commencement Date”). The Additional Subleased Premises Term shall expire simultaneously with the expiration end of the Term, so tenant will have the full 5 year Term. Once the Term for the Original Subleased Premises under the Original Sublease. D. Following the Additional Subleased Premises Commencement Date, Sublandlord may prepare and deliver to Subtenant a commencement letter in the form of Exhibit B attached hereto (the “Commencement Letter”), confirming the Additional Subleased Premises Commencement Date, the Base Rent payable for the Additional Subleased Premises Term and certain other sublease terms with respect to the Additional Subleased Premises. Subtenant shall acknowledge and confirm the Additional Subleased Premises Commencement Date and other sublease terms by executing a copy of Term Expiration Date have been determined, Landlord may confirm the Commencement Letter and returning it to Sublandlord within ten (10) business days after Subtenant’s receipt of the Commencement Letter. If Subtenant fails to sign and return the Commencement Letter to Sublandlord within such ten (10) business day period, the Commencement Letter as sent by Sublandlord shall be deemed to have correctly set forth the Additional Subleased Premises Term Commencement Date and the other matters addressed Term Expiration Date in the Commencement Letterwriting to Tenant; and unless objected to by Tenant within three (3) days, such confirmation shall be binding upon Tenant. Sublandlord’s failure to send the Commencement Letter The Term shall have no effect commence on the Additional Subleased Premises Term Commencement DateDate and end on the Term Expiration Date whether or not such confirmation is given. This Lease shall be a binding contractual obligation effective upon execution and delivery hereof by Landlord and Tenant, notwithstanding the later commencement of the Term.

Term Commencement Date. A. (Section 2): The earlier of: (i) the date that Sublandlord delivers Landlord tenders possession of the Additional Subleased Premises to Subtenant shall be Tenant with the “Delivery Date.” It is presently anticipated, but not guaranteed, that Sublandlord will deliver possession of the Additional Subleased Premises to Subtenant on or before July 18, 2015 (the “Estimated Delivery Date”). Sublandlord agrees to use commercially reasonable efforts to obtain timely possession of the Additional Subleased Premises from the current occupant. If delivery of possession is delayed or does not otherwise occur by the Estimated Delivery Date, this Second Amendment shall not be void or voidable (except as set forth below), nor shall Sublandlord be liable to Subtenant for any loss or damage resulting therefrom. Notwithstanding anything to the contrary set forth in this Second Amendment, in the event Sublandlord is unable to deliver the Additional Subleased Premises to Subtenant by January 1, 2016, Subtenant shall have the right to terminate this Second Amendment by providing Sublandlord with written notice within ten (10) business days of such date. B. Commencing on the Delivery Date and continuing thereafter until the Additional Subleased Premises Commencement Date HVAC Installation (as defined in Section 35, below), Subtenant may access the Additional Subleased Premises solely for the purpose of preparing the Additional Subleased Premises for Subtenant’s occupancy (including the installation of telecommunications wiring, cabling and furniture), without the payment of Base Rent or Additional Rent, provided that all other provisions of the Sublease shall be in full force and effect. C. Subject to the provisions of Section 4.A above, the Term of the Sublease for the Additional Subleased Premises (“Additional Subleased Premises Term”) shall commence on the earlier of (i) forty-five (45) days following the Delivery Datehaving been completed, or (ii) if Tenant elects to commence its tenant improvements within the Premises (pursuant to the Work Letter Agreement attached hereto as Exhibit “C”) before Landlord has completed the HVAC Installation, the date that Subtenant commences business operations from the Additional Subleased Premises (the “Additional Subleased Premises Commencement Date”). The Additional Subleased Premises Term shall expire simultaneously with the expiration Landlord tenders possession of the Term for Premises to Tenant; provided, however, Landlord shall not be required to give Tenant the Original Subleased Premises under the Original Sublease. D. Following the Additional Subleased Premises Commencement Date, Sublandlord may prepare and deliver to Subtenant a commencement letter in the form of Exhibit B attached hereto (the “Commencement Letter”), confirming the Additional Subleased Premises Commencement Date, the Base Rent payable for the Additional Subleased Premises Term and certain other sublease terms with respect keys or access to the Additional Subleased Premises. Subtenant shall acknowledge and confirm Premises until Tenant has given Landlord written proof of insurance that meets the Additional Subleased Premises Commencement Date and other sublease terms by executing a copy requirements of the Commencement Letter and returning it to Sublandlord within ten (10) business days after Subtenant’s receipt of the Commencement LetterLease. If Subtenant fails to sign and return the Commencement Letter to Sublandlord within such ten (10) business day period, the Commencement Letter as sent by Sublandlord Landlord shall be deemed to have correctly tendered possession upon Landlord’s notification that the keys for the Premises are available for pick-up at Landlord’s leasing office. Unless Tenant elects to commence its tenant improvements within the Premises as set forth in subsection (ii) above, in no event shall the Additional Subleased Premises Term Commencement Date and the other matters addressed in the Commencement Letteroccur earlier than April 14, 2008. Sublandlord’s failure to send the Commencement Letter shall have no effect on the Additional Subleased Premises Target Term Commencement Date: Six (6) weeks from the Reference Date j. Base Rent Commencement Date (Section 3.1): Term Commencement Date k. Base Monthly Rent (Section 3.1): Twenty Seven Thousand Nine Hundred Sixty and 15/100 Dollars ($27,960.15) per month; provided, however, Base Monthly Rent shall be abated by fifty percent (50%) for the second (2nd) through fifth (5th) full calendar months of the Original Term (the “Abated Rent Period”). However, during the Abated Rent Period, Tenant shall continue to be responsible for all Tenant’s obligations under the Lease, including payment of Common Area Operating Expenses.

Term Commencement Date. A. The Term of the Lease will commence upon the Term Commencement Date (as defined in Section 1.3 of the Lease). Notwithstanding the foregoing, if any Tenant Delay causes a delay in Substantial Completion of the Leasehold Improvements Work, then the Term Commencement Date shall be deemed to be the date that Sublandlord delivers possession Substantial Completion of the Additional Subleased Premises to Subtenant shall be the “Delivery Date.” It is presently anticipatedLeasehold Improvements Work would have been achieved, but not guaranteedfor such Tenant Delay. On the Term Commencement Date, that Sublandlord Landlord agrees that, at Landlord’s expense: (a) Landlord will deliver possession of the Additional Subleased Premises and the Leasehold Improvements, free of all leases, tenancies, occupants, construction lien claims not discharged or transferred to Subtenant on or before July 18, 2015 (the “Estimated Delivery Date”). Sublandlord agrees to use commercially reasonable efforts to obtain timely possession of the Additional Subleased Premises from the current occupant. If delivery of possession is delayed or does not otherwise occur by the Estimated Delivery Date, this Second Amendment shall not be void or voidable (except as set forth below), nor shall Sublandlord be liable to Subtenant for any loss or damage resulting therefrom. Notwithstanding anything to the contrary set forth in this Second Amendment, in the event Sublandlord is unable to deliver the Additional Subleased Premises to Subtenant by January 1, 2016, Subtenant shall have the right to terminate this Second Amendment by providing Sublandlord with written notice security within ten (10) business days of such date. B. Commencing the filing thereof, and defects in material and workmanship, but subject to Punchlist Items for Base Building Work or Leasehold Improvements Work; (b) the Base Building and the Leasehold Improvements will be in compliance with all Legal Requirements other than as may be applied due solely to a special use by Tenant unless the special use is shown on the Delivery Date and continuing thereafter until final approved Base Building Plans or Leasehold Improvement Plans or in an approved Tenant’s Building Change or Tenant’s Leasehold Improvement Changes; (c) Landlord will satisfy all those obligations imposed upon Landlord by the Additional Subleased Premises Commencement Date (as defined below), Subtenant may access the Additional Subleased Premises solely for the purpose of preparing the Additional Subleased Premises for Subtenant’s occupancy (including the installation of telecommunications wiring, cabling and furniture), without the payment of Base Rent or Additional Rent, provided that all other provisions of the Sublease shall Lease which are required to be in full force and effect. C. Subject complied with prior to the provisions commencement of Section 4.A above, the Term of the Sublease for the Additional Subleased Premises Lease, and (“Additional Subleased Premises Term”d) Landlord shall commence on the earlier of (i) forty-five (45) days following the Delivery Date, or (ii) the date that Subtenant commences business operations remove from the Additional Subleased Premises (all temporary systems, tools, equipment, machinery, surplus materials, waste and rubbish, and replace broken glass, except to the “Additional Subleased Premises extent that any such items need to remain in order to complete any mutually approved Punchlist Items. Notwithstanding the foregoing, to the extent that the Term Commencement Date”). The Additional Subleased Premises Term shall expire simultaneously with Date occurs and, due to a Tenant Delay or a default by Tenant under the expiration Lease or this Addendum, any of the Term for the Original Subleased Premises under the Original Sublease. D. Following the Additional Subleased Premises Commencement Date, Sublandlord may prepare and deliver to Subtenant a commencement letter foregoing requirements set forth in the form of Exhibit B attached hereto clauses (the “Commencement Letter”), confirming the Additional Subleased Premises Commencement Date, the Base Rent payable for the Additional Subleased Premises Term and certain other sublease terms with respect to the Additional Subleased Premises. Subtenant shall acknowledge and confirm the Additional Subleased Premises Commencement Date and other sublease terms a) — (d) above have not been met or satisfied by executing a copy of the Commencement Letter and returning it to Sublandlord within ten (10) business days after Subtenant’s receipt of the Commencement Letter. If Subtenant fails to sign and return the Commencement Letter to Sublandlord within Landlord then such ten (10) business day period, the Commencement Letter as sent by Sublandlord requirements shall be deemed to have correctly set forth be waived by Tenant for purposes of determining the Additional Subleased Premises date of Substantial Completion of the Work, and the Term Commencement Date and shall nevertheless be deemed to occur, but Landlord will complete such requirements when Substantial Completion of the other matters addressed in the Commencement Letter. Sublandlord’s failure to send the Commencement Letter shall have no effect on the Additional Subleased Premises Commencement DateWork actually occurs.

Term Commencement Date. A. The date that Sublandlord delivers term shall commence on the "Commencement Date" of March 1st, 2010 with Lessee to take possession of the Additional Subleased Premises on February 25th, 2010 . If Lessor is unable to Subtenant shall be the “Delivery Date.” It is presently anticipated, but not guaranteed, that Sublandlord will deliver possession of the Additional Subleased Premises to Subtenant Lessee on or before July 18the Commencement Date for any reason whatsoever (including, 2015 (without limitation, the “Estimated Delivery Date”holding over of a previous occupant or Lessor's inability to complete any required construction). Sublandlord agrees to use commercially reasonable efforts to obtain timely possession of the Additional Subleased Premises from the current occupant. If delivery of possession is delayed or does not otherwise occur by the Estimated Delivery Date, this Second Amendment Lessor shall not be void or voidable (except as set forth below), nor shall Sublandlord be liable to Subtenant Lessee for any loss damages or damage losses resulting therefrom. Notwithstanding anything to the contrary set forth in therefrom and this Second Amendment, in the event Sublandlord is unable to deliver the Additional Subleased Premises to Subtenant by January 1, 2016, Subtenant Lease shall have the right to terminate this Second Amendment by providing Sublandlord with written notice within ten (10) business days of such date. B. Commencing on the Delivery Date and continuing thereafter until the Additional Subleased Premises Commencement Date (as defined below), Subtenant may access the Additional Subleased Premises solely for the purpose of preparing the Additional Subleased Premises for Subtenant’s occupancy (including the installation of telecommunications wiring, cabling and furniture), without the payment of Base Rent or Additional Rent, provided that all other provisions of the Sublease shall be continue in full force and effect. C. Subject to the provisions of Section 4.A above, the Term of the Sublease except for the Additional Subleased Premises term hereof and Lessee's obligation to pay "Base Rental" (“Additional Subleased Premises Term”as set forth in Table A below) or other rental pursuant hereto shall commence on the earlier day after Lessor delivers possession of the Premises to Lessee (iregardless of whether Lessee actually takes possession on that date) forty-and the Termination Date shall be advanced by the number of days that the commencement of the term hereof was so delayed. If Lessor, however, is unable to deliver possession of the Premises to Lessee on or before ninety (90) days after the Commencement Date, Lessee shall be entitled to terminate this Lease by written notice to Lessor given on or before five (455) days following the Delivery Date, or (ii) the date that Subtenant commences business operations from the Additional Subleased Premises (the “Additional Subleased Premises Commencement Date”). The Additional Subleased Premises Term shall expire simultaneously with after the expiration of said 90-day period. If Lessee takes possession of the Term for Premises before the Original Subleased Premises under the Original Sublease. D. Following the Additional Subleased Premises Commencement Date, Sublandlord may prepare and deliver to Subtenant a commencement letter in the form of Exhibit B attached hereto (the “Commencement Letter”), confirming the Additional Subleased Premises Commencement Date, the term hereof and Lessee's obligation to pay Base Rent payable for Rental and other sums hereunder shall commence as of such date, but the Additional Subleased Premises Term Termination Date shall not change. If the term hereof commences as herein provided on other than the Commencement Date, Lessee shall, at Lessor's request, confirm in writing the date of commencement of the term hereof and certain other sublease terms with respect any adjustment to the Additional Subleased Premises. Subtenant shall acknowledge and confirm the Additional Subleased Premises Commencement Date and other sublease terms by executing a copy of the Commencement Letter and returning it to Sublandlord within ten (10) business days after Subtenant’s receipt of the Commencement Letter. If Subtenant fails to sign and return the Commencement Letter to Sublandlord within such ten (10) business day periodTermination Date, the Commencement Letter as sent by Sublandlord which confirmation shall be deemed to have correctly set forth the Additional Subleased Premises Commencement Date attached hereto and the other matters addressed in the Commencement Letter. Sublandlord’s failure to send the Commencement Letter shall have no effect on the Additional Subleased Premises Commencement Datemade a part hereof.