Common use of TERM; COMPLETION OF IMPROVEMENTS Clause in Contracts

TERM; COMPLETION OF IMPROVEMENTS. The term ("Term") of this Lease shall be for 36 months and is tentatively scheduled to commence on July 1, 1996 ("Target Commencement Date"). The Target Commencement Date is based upon the lease commencing five (5) business days after lease execution. If Landlord, for any reason whatsoever, cannot deliver possession of the Premises to Tenant on the Target Commencement Date, this Lease shall not be voidable, nor shall Landlord or its agents be liable to Tenant for any loss or damage resulting therefrom; however, if Landlord is unable for any reason to deliver the Premises to Tenant by the date which is five (5) business days after execution of this Lease, then Tenant may terminate this Lease by written notice to Landlord given within five (5) business days after the end of said five (5) business day period and upon such termination, Landlord shall refund to Tenant all funds paid to or deposited with Landlord by Tenant under this Lease. Tenant is leasing the Premises in its current "as is" condition except that Landlord shall provide building standard window coverings (currently in the Premises) and Landlord shall steam clean the existing carpet prior to Tenant's occupancy thereof and, within five (5) business days after the Commencement Date, Tenant may deliver a written punch list to Landlord listing defective light fixtures and electrical outlets, and provided such a punch-list is timely provided to Landlord, then Landlord shall use reasonable efforts to replace the defective fixtures or outlets with Building standard fixtures and outlets as soon as reasonably possible. Promptly after Landlord tenders possession of the Premises to Tenant, Tenant shall promptly and diligently install its trade fixtures and equipment in the Premises. The Term shall commence on the later of the date that is five (5) business days after lease execution, or the date on which Landlord delivers possession of the Premises to Tenant ("Commencement Date"). The Commencement Date shall be confirmed in writing by the parties in the form set forth in EXHIBIT "C" attached hereto promptly after the Commencement Date, and such written confirmation shall be attached hereto. Landlord shall clean the Premises, per Building standards, prior to and immediately after Tenant takes occupancy.

TERM; COMPLETION OF IMPROVEMENTS. (a) The term ("Term") of this Lease (the “Term”) shall be for 36 months and is tentatively scheduled to commence on July 1the latter of: (i) the Scheduled Commencement Date as set forth in Section 2 of the Lease Summary; or (ii) the date of delivery of the Premises to Tenant for occupancy with the Tenant Improvements substantially complete, 1996 but in no event later than the date the Tenant Improvements to the Premises would have been substantially complete were it not for Tenant Delays ("Target as defined in Exhibit B hereof) as conclusively established by Landlord in a factually correct Notice of Commencement Date (collectively the “Commencement Date"”). The Target Notwithstanding the foregoing, in all instances, the Commencement Date is based upon may be conclusively established by the lease commencing five date set forth in a factually correct Notice of Commencement Date. Unless sooner terminated as hereinafter provided, or as provided by law, the Term shall end on the date set forth in Section 2 of the Lease Summary for the Term Expiration (5) business days after lease executionthe “Expiration Date”). If Landlord, for any reason whatsoever, cannot deliver possession of the Premises to Tenant on the Target Commencement Datedate set forth in Section 2 of the Lease Summary, whether due to strikes, lockouts, labor disputes, shortages of material or labor, fire or other casualty, acts of God, acts or threatened acts of terrorism, or any other cause beyond the control of Landlord or otherwise, this Lease shall not be void or voidable, nor shall Landlord or its agents be liable to Tenant for any loss or damage of any kind whatsoever resulting therefrom; howevertherefrom including, if Landlord is unable for any reason but not limited to, incidental damages, consequential damages, holdover expenses or relocation expenses incurred by Tenant due to deliver such delays, or loss of business. No delay in delivery of possession shall operate to extend the Premises to Tenant by Term hereof or amend or modify Tenant’s obligations hereunder. For the date which is five (5) business days after execution purpose of this Lease, then Tenant may terminate this Lease by written notice to Landlord given within five (5) business days after the end of said five (5) business day period and upon such termination, Landlord shall refund to Tenant all funds paid to or deposited with Landlord by Tenant under this Lease. Tenant is leasing the Premises in its current "as is" condition except that Landlord shall provide building standard window coverings (currently in the Premises) and Landlord shall steam clean the existing carpet prior to Tenant's occupancy thereof and, within five (5) business days after the Commencement Date, Tenant may deliver a written punch list to Landlord listing defective light fixtures and electrical outlets, and provided such a punch-list is timely provided to Landlord, then Landlord shall use reasonable efforts to replace the defective fixtures or outlets with Building standard fixtures and outlets as soon as reasonably possible. Promptly after Landlord tenders possession of the Premises to Tenant, Tenant shall promptly and diligently install its trade fixtures and equipment in the Premises. The Term shall commence on the later of the date that is five (5) business days after lease execution, or the date on which Landlord delivers possession of the Premises to Tenant ("Commencement Date"). The Commencement Date shall be confirmed in writing by the parties in the form set forth in EXHIBIT "C" attached hereto promptly after the Commencement Date, and such written confirmation shall be attached hereto. Landlord shall clean the Premises, per Building standards, prior to and immediately after Tenant takes occupancy.term “

TERM; COMPLETION OF IMPROVEMENTS. The term ("Term") of this Lease Landlord shall constructor install in the Premises, improvements in accordance with the Work Agreement attached hereto as Exhibit C. It is understood that Landlord shall be for 36 months constructing the improvements in two phases - the first phase is to include approximately 4,204 square feet of office space and the second phase is tentatively scheduled to commence include approximately 5,100 square feet of research and development space. The Term shall begin on July 1, 1996 ("Target the Commencement Date"). The Target Commencement Date is based upon , and, unless sooner terminated as hereinafter provided, shall end on the lease commencing five (5) business days after lease executionExpiration Date. If Landlord, for any reason whatsoever, cannot deliver possession of the Premises (with the first phase of the improvements covered by Exhibit C substantially complete) to Tenant on the Target Commencement Date, this Lease shall not be void or voidable, nor shall Landlord or its agents be liable to Tenant for any loss or damage resulting therefromtherefrom (unless such improvements are not substantially complete by the 60th day following Landlord's receipt of Tenant's written approval of Tenant's space plan for the Premises), but in that event, subject to any contrary provisions in Exhibit C attached hereto, all Rent including the Expense Stop and Operating Expenses shall be waived for the period between the Commencement Date and the first to occur of M the time when Landlord can deliver possession (per Exhibit C); however, if or (ii) the time when Tenant occupies the Premises. This Lease shall neither be void nor voidable nor shall Landlord is unable be liable to Tenant for any reason to deliver loss or damage resulting from Landlord's not substantially completing the Premises to Tenant by improvements for the date which is five (5) business days after execution second phase, concurrently with the first phase improvements. No delay in delivery of this Leasepossession shall extend the Term or the Expiration Date except at the option of Tenant, then Tenant may terminate this Lease by written notice to Landlord given within five (5) business days on or before the thirtieth day after the end of said five (5) business day period and upon such termination, Landlord shall refund to Tenant all funds paid to or deposited with Landlord by Tenant under this Lease. Tenant is leasing the Premises in its current "as is" condition except that Landlord shall provide building standard window coverings (currently in the Premises) and Landlord shall steam clean the existing carpet prior to Tenant's occupancy thereof and, within five (5) business days after the Commencement Date, Tenant may deliver a written punch list to Landlord listing defective light fixtures and electrical outlets, and provided such a punch-list is timely provided to Landlord, then Landlord shall use reasonable efforts to replace the defective fixtures or outlets with Building standard fixtures and outlets as soon as reasonably possible. Promptly after Landlord tenders possession of the Premises to Tenant, Tenant shall promptly and diligently install its trade fixtures and equipment in the Premisesimprovements are substantially complete. The Term shall commence on the later of the date that is five (5) business days after lease execution, or the date on which Landlord delivers possession of the Premises to Tenant (phrase "Commencement Date"). The Commencement Date shall be confirmed in writing by the parties in the form set forth in EXHIBIT "C" attached hereto promptly after the Commencement Date, and such written confirmation shall be attached hereto. Landlord shall clean the Premises, per Building standards, prior to and immediately after Tenant takes occupancy.