Common use of TERM; POSSESSION Clause in Contracts

TERM; POSSESSION. The term of this Lease (the “Term”) shall commence on the Commencement Date as described below and, unless sooner terminated, shall expire on the Expiration Date set forth in the Basic Lease Information (the “Expiration Date”). The “Commencement Date” shall be the earlier of (a) the date on which Landlord tenders possession of the Premises to Tenant, with all of Landlord’s construction obligations, if any, “Substantially Completed” as provided in the Construction Rider attached as Exhibit B (the “Construction Rider”) or, in the event of any “Tenant Delay,” as defined in the Construction Rider, the date on which Landlord could have done so had there been no such Tenant Delay; or (b) the date upon which Tenant, with Landlord’s written permission, actually occupies and conducts business in any portion of the Premises. The parties anticipate that the Commencement Date will occur on or about the Scheduled Commencement Date set forth in the Basic Lease Information (the “Scheduled Commencement Date”). Landlord shall pay Tenant’s hold-over charges if the Premises are not Substantially Completed within seventy-five (75) days after Lease execution, provided, however, that Landlord shall not be liable for any other claims, damages or liabilities if the Premises are not ready for occupancy by the Scheduled Commencement Date. When the Commencement Date has been established, Landlord and Tenant shall at the request of either party confirm the Commencement Date and Expiration Date in writing.

TERM; POSSESSION. The term of this Lease (the “Term”) Term shall commence on the Commencement Date as described below andand ---------------- shall expire, unless if not sooner terminatedterminated pursuant to the provisions of this Lease, shall expire on the Expiration Date set forth Date. On the Commencement Date, the Premises and Equipment Space are accepted by Tenant in "as is" condition and configuration (subject to the Basic Lease Information (completion of the “Expiration Date”Landlord Work). The “Commencement Date” shall be the earlier of (a) the date on which Landlord tenders By taking possession of the Premises to Tenantand Equipment Space, with all of Landlord’s construction obligationsTenant agrees that the Premises and Equipment Space are in good order and satisfactory condition, if any, “Substantially Completed” as provided in and that there are no representations or warranties by Landlord regarding the Construction Rider attached as Exhibit B (the “Construction Rider”) or, in the event of any “Tenant Delay,” as defined in the Construction Rider, the date on which Landlord could have done so had there been no such Tenant Delay; or (b) the date upon which Tenant, with Landlord’s written permission, actually occupies and conducts business in any portion condition of the Premises, Equipment Space or the Building except as may be expressly set forth herein. The parties anticipate that If Landlord is delayed in delivering possession of the Premises and Equipment Space or any other space, Landlord shall use reasonable efforts to obtain possession of the space, but no such delay shall nullify this Lease or give rise to any claim for damages on the part of Tenant. If Tenant takes possession of the Premises or Equipment Space before the Commencement Date, such possession shall be subject to the terms and conditions of this Lease except that, prior to the Rent Commencement Date, Tenant will not be required to pay Rent hereunder. Notwithstanding the foregoing, if the Commencement Date will does not occur on by the date that is one hundred fifty (150) days following the mutual execution and delivery of this Lease (the "Outside Delivery Date"), Tenant, as its sole remedy, may terminate this Lease by giving Landlord written notice of termination after the Outside Delivery Date. In such event, and subject to the provisions set forth below in this Article 3, this Lease shall be deemed null and void and of no further force and effect and Landlord shall promptly refund any prepaid Rent and Security Deposit previously advanced by Tenant under this Lease and the parties hereto shall have no further responsibilities or about obligations to each other with respect to this Lease. Landlord and Tenant acknowledge and agree that the Scheduled Outside Delivery Date shall be postponed by the number of days the Commencement Date is delayed due to events of Force Majeure (as defined herein). Notwithstanding the foregoing to the contrary, if Tenant exercises its right to terminate this Lease as set forth above but Landlord delivers the Premises to Tenant in the Basic condition required by this Lease Information within thirty (the “Scheduled Commencement Date”). Landlord shall pay Tenant’s hold-over charges if the Premises are not Substantially Completed within seventy-five (7530) days after the date of Tenant's delivery of Tenant's termination notice, this Lease executionshall continue in full force and effect the same as if Tenant had not delivered its termination notice, provided, however, that Landlord and Tenant's termination notice will be null and void. Tenant's right to terminate as described herein shall not be liable for any other claims, damages or liabilities if null and void as of the Premises are not ready for occupancy by the Scheduled Commencement Date. When the Commencement Date has been established, Landlord and Tenant shall at the request of either party confirm the Commencement Date and Expiration Date in writing.

TERM; POSSESSION. The term Term of this Lease (the “Term”) shall commence on the Commencement Date as described below and, unless sooner terminated, and shall expire end on the Expiration Date set forth Date, unless extended or sooner terminated in the Basic Lease Information (the “Expiration Date”)accordance with this Lease. The “Commencement Date” shall be the earlier If Landlord is delayed in delivering possession of (a) the date on which Landlord tenders possession all or any portion of the Premises to TenantTenant as of the Commencement Date, with all of Landlord’s construction obligations, if any, “Substantially Completed” as provided in the Construction Rider attached as Exhibit B (the “Construction Rider”) or, in the event of any “Tenant Delay,” as defined in the Construction Rider, will take possession on the date on Landlord delivers possession, which Landlord could have done so had there been no such Tenant Delay; or (b) the date upon which Tenant, with Landlord’s written permission, actually occupies and conducts business in any portion of the Premises. The parties anticipate that will then become the Commencement Date (and the Expiration Date will occur on or about be extended so that the Scheduled Commencement Date set forth in length of the Basic Lease Information (the “Scheduled Commencement Date”Term remains unaffected by such delay). Landlord shall pay Tenant’s hold-over charges if the Premises are not Substantially Completed within seventy-five (75) days after Lease executionSubject to this Section 4, provided, however, that Landlord shall not be liable for any loss or damage to Tenant resulting from any delay in delivering possession due to the holdover of any existing tenant or other claims, damages or liabilities if circumstances outside of Landlord’s reasonable control. In the event that the Tenant Improvements are not Substantially Completed within one hundred (100) days following the date that Landlord receives a building permit to commence the Tenant Improvements in the Premises are not ready (the “Delivery Date”), subject to Tenant Delay or force majeure (in the event of either, the Delivery Date shall be extended by one (1) day for occupancy each one (1) day of Tenant Delay or force majeure), Landlord shall credit Tenant against Minimum Annual Rent due under this Lease an amount equal to the holdover portion of Tenant’s existing rental obligations under Tenant’s existing Lease actually incurred by Tenant following the Scheduled Commencement Delivery Date, which Tenant represents to Landlord is equal to $17,031.13 per month. When Notwithstanding anything in this Lease to the contrary, if the Commencement Date has been establishednot occurred on or before one hundred ninety (190) days following the date that Landlord receives a building permit for the Tenant Improvements, Landlord and for any reason other than Tenant Delay or force majeure, then Tenant shall at have the request right to terminate this Lease by written notice to Landlord, as Tenant’s sole and exclusive remedy with respect to such delay, except as provided above, subject to Tenant giving Landlord thirty (30) days’ advance written notice of either party confirm the Commencement Date and Expiration Date its intention to terminate this Lease if Substantial Completion shall not occur within such thirty (30) day period, in writingwhich event all amounts prepaid or deposited by Tenant hereunder shall be promptly returned to Tenant.

TERM; POSSESSION. The term of this Lease (the “Term”) shall commence on the Commencement Date as described below and, unless sooner terminated, shall expire on the Expiration Date set forth in the Basic Lease Information (the “Expiration Date”). The “Commencement Date” shall be the earlier of (a) the date on which Landlord tenders possession of the Premises to Tenant, with all of Landlord’s construction obligations, if any, obligations “Substantially Completed” as provided in the Construction Rider attached as Exhibit B (the “Construction Rider”) or, in the event of any “Tenant Delay,” as defined in the Construction Rider, the date on which Landlord could have done so had there been no such Tenant Delay; or (b) the date upon which Tenant, with Landlord’s written permission, actually occupies and conducts business in any portion of the Premises. The parties anticipate that the Commencement Date will occur on or about the Scheduled Commencement Date set forth in the Basic Lease Information (the “Scheduled Commencement Date”). Landlord shall pay Tenant’s hold-over charges if the Premises are not Substantially Completed within seventy-five (75) days after Lease execution, ; provided, however, that Landlord shall not be liable for any other claims, damages or liabilities if the Premises are not ready for occupancy by the Scheduled Commencement Date, except as specifically set forth herein. When the Commencement Date has been established, Landlord and Tenant shall at the request of either party confirm the Commencement Date and Expiration Date in writing. In the event Landlord fails to deliver possession of the Premises to Tenant with the Tenant Improvements Substantially Completed on or before July 1, 2010, subject to force majeure delays (described in Section 26) and Tenant Delays (defined in Exhibit B), then Tenant as its sole and exclusive remedy shall be entitled to an abatement of one day of Base Rent for each day after July 1, 2010 that the Tenant Improvements have not been Substantially Completed. Such day-for-day Base Rent abatement shall commence to apply upon the Commencement Date of the Lease and shall continue until applied in full, provided, however, that it is the intent of the parties that this day-for-day rent abatement be applied consecutively, not concurrently, with any other rent abatement or credit which may be then-applicable. In the event Landlord fails to deliver possession of the Premises to Tenant with the Tenant Improvements Substantially Completed on or before September 1, 2010, subject to force majeure delays (described in Section 26) and Tenant Delays (defined in Exhibit B), then Tenant as its sole and exclusive remedy shall have the right to terminate this Lease by providing Landlord with ten (10) days’ prior written notice thereof, but in any event given before Landlord has Substantially Completed the Tenant Improvements. Other than as aforesaid, Landlord shall have no liability to Tenant for failure to deliver possession of the Premises to Tenant with Tenant Improvements Substantially Completed on or before June 1, 2010. Notwithstanding anything in this Lease to the contrary, if this Lease is not fully executed by the parties by March 5, 2010, including without limitation, approval and signature by Landlord, Tenant and Xxxxx Fargo Bank, National Association (“Xxxxx Fargo”), of the NDESA attached hereto as Exhibit F, then each of the above described deadlines in this subparagraph shall be extended one day for each day after March 5, 2010 until the Lease is fully executed by the parties and the NDESA is fully executed by Landlord, Tenant and Xxxxx Fargo.

TERM; POSSESSION. The term of this Lease (the “Term”) shall commence on the Commencement Date as described below and, unless sooner terminated, shall expire on the Expiration Date set forth in the Basic Lease Information (the “Expiration Date”). The “Commencement Date” shall be the earlier of (a) the date on which Landlord tenders possession of the Premises to Tenant, with all of has “Substantially Completed” Landlord’s construction obligations, if any, with respect to the improvements (the “Substantially CompletedTenant Improvements”) to be constructed and installed in the Premises by Landlord (or, in the event of any “Tenant Delay,” the date on which Landlord could have done so had there been no such “Tenant Delay”), all as provided in the Construction Rider attached as Exhibit B (the “Construction Rider”) or), in and tendered possession of the event of any “Tenant Delay,” as defined in the Construction Rider, the date on which Landlord could have done so had there been no such Tenant DelayPremises to Tenant; or (b) the any earlier date upon which Tenant, with Landlord’s written permission, actually occupies and conducts business in any portion of the Premises. The parties anticipate that the Commencement Date will occur on or about the Scheduled Commencement Date set forth in the Basic Lease Information (the “Scheduled Commencement Date”). Landlord shall pay Tenant’s hold-over charges if the Premises are not Substantially Completed within seventy-five (75) days after Lease execution, provided, however, that Landlord shall not be liable for any other claims, damages or liabilities if the Premises are not ready for occupancy by the Scheduled Commencement Date. When the Commencement Date has been established, Landlord and Tenant shall at the request of either party confirm the Commencement Date and Expiration Date in writing, using a Commencement Date Memorandum substantially in the form attached hereto as Exhibit C. As used in this Lease, the first “Lease Year” shall be the period from (and including) the Commencement Date through (and including) the last day of the calendar month in which the first anniversary of the Commencement Date falls, and each period of twelve full consecutive calendar months thereafter shall be a subsequent Lease Year.

TERM; POSSESSION. The term of this Lease (the “"Term”") shall commence on the Commencement Date as described below and, unless sooner terminated, shall expire on the Expiration Date set forth in the Basic Lease Information (the “"Expiration Date”"). The “"Commencement Date” " shall be the earlier of (a) the date on which Landlord tenders possession of the Premises to Tenant, with all of Landlord’s 's construction obligations, if any, “"Substantially Completed” " as provided in the Construction Rider attached as Exhibit B (the “"Construction Rider”") or, in the --------- event of any “"Tenant Delay,” " as defined in the Construction Rider, the date on which Landlord could have done so had there been no such Tenant Delay; or (b) the date upon which Tenant, with Landlord’s 's written permission, actually occupies and conducts business in any portion of the Premises. The parties anticipate that the Commencement Date will occur on or about the Scheduled Commencement Date set forth in the Basic Lease Information (the “"Scheduled Commencement Date”"). Landlord shall pay Tenant’s hold-over charges if the Premises are not Substantially Completed within seventy-five (75) days after Lease execution, ; provided, however, that Landlord shall not be liable for any other claims, damages or liabilities if the Premises are not ready for occupancy by the Scheduled Commencement Date. When the Commencement Date has been established, Landlord and Tenant shall at the request of either party confirm the Commencement Date and Expiration Date in writing.

TERM; POSSESSION. a. The term of this Lease shall be for a period of five (the “Term”5) shall commence years commencing on the later of substantial completion of the Landlord's Work (as defined below and in the Workletter attached as Exhibit C) or first day of January, 1997 (01/01/97) (hereinafter called the "Commencement Date as described below andDate") and ending at midnight on the 31st day of December, 2001 (12/31/01) (hereinafter called the "Expiration Date"), unless sooner terminated, terminated as hereinafter provided. Landlord shall expire on the Expiration Date set forth in the Basic Lease Information (the “Expiration Date”). The “Commencement Date” shall be the earlier of (a) the date on which Landlord tenders deliver possession of the Premises to Tenant on or prior to the Commencement Date of the term hereof, free and clear of all tenancies and occupancies, broom clean and in good order and condition and with the alterations and improvements to be made by Landlord in accordance with Exhibits A and C, attached hereto and made a part hereof, substantially completed in accordance with the Work Agreement attached as Exhibit C in a first-class manner. The Landlord's Work shall be considered "substantially complete" and "substantial completion" shall be achieved for purposes of this Lease when all of the following shall have occurred (i) Landlord has performed or completed all of the Landlord's Work (as defined herein and in the Lease), except only for punchlist items of a quantity and character which do not substantially interfere with Tenant's ability to occupy or use the Premises or to complete improvements to the Premises to be made by Tenant and (ii) all approvals, with certificates of occupancy and permits (other than Tenant's business licenses and those permits and approvals from the appropriate governmental authorities pertaining to the Improvements required for the legal and practical occupancy of the Premises for Tenant's intended use have been approved for issuance, and (iii) the Landlord and all subcontractors have provided certificates of payment for all of Landlord’s construction obligations, if any, “Substantially Completed” as provided 's Work and (iv) the architect certifies in writing that the Construction Rider attached as Exhibit B (the “Construction Rider”) or, in the event of any “Tenant Delay,” Premises are "substantially complete" as defined in above; and (v) Landlord has effected removal of all rubbish and debris, such that Tenant may commence its business operations from the Construction Rider, the date on which Premises immediately after Landlord could have done so had there been no completes such clean-up. Landlord shall provide Tenant Delay; or with Thirty (b30) the date upon which Tenant, with Landlord’s written permission, actually occupies and conducts business in any portion days prior notice of substantial completion of the Premises. The parties anticipate that Landlord shall deliver the Premises and substantially complete the Landlord's Work on or before the sixtieth (60th) day following the Commencement Date will occur on or about the Scheduled Commencement Date set forth in the Basic Lease Information (the “Scheduled Commencement Date”). Landlord shall pay Tenant’s hold-over charges if the Premises are not Substantially Completed within seventy-five (75) days after Lease execution, provided, however, that Landlord shall not be liable for any other claims, damages or liabilities if the Premises are not ready for occupancy by the Scheduled Commencement Date. When the Commencement Date has been established, Landlord and Tenant shall at the request date of either party confirm the Commencement Date and Expiration Date in writingthis Lease.

TERM; POSSESSION. The term of this Lease (the “"Term”") shall commence on the Commencement Date as described below and, unless sooner terminated, shall expire on the Expiration Date set forth in the Basic Lease Information (the “"Expiration Date”"). The “"Commencement Date” " shall be the earlier of (a) the date on which Landlord tenders possession of the Premises to Tenant, with all of Landlord’s 's construction obligations, if any, “"Substantially Completed” " as provided in the Construction Rider attached as Exhibit B (the “"Construction Rider”") or, in the event of any “"Tenant Delay,” " as defined in the Construction Rider, the date on which Landlord could have done so had there been no such Tenant Delay; or (b) the date upon which Tenant, with Landlord’s 's written permission, actually occupies and conducts business in any portion of the Premises. The parties anticipate that the Commencement Date will occur on or about the Scheduled Commencement Date set forth in the Basic Lease Information (the “"Scheduled Commencement Date”"). Landlord shall pay Tenant’s hold-over charges if the Premises are not Substantially Completed within seventy-five (75) days after Lease execution, ; provided, however, that Landlord shall not be liable for any other claims, damages or liabilities except those specifically provided for in Section 2.1.1 if the Premises are not ready for occupancy by the Scheduled Commencement Date. When the Commencement Date has been established, Landlord and Tenant shall at the request of either party confirm the Commencement Date and Expiration Date in writing.

TERM; POSSESSION. The term of this Lease (the “Term”) shall commence on the Commencement Date as described below and, unless sooner terminated, shall expire on the Expiration Date set forth in the Basic Lease Information (the “Expiration Date”). The “Commencement Date” shall be the earlier of (a) the date on which Landlord tenders possession of the Premises to Tenant, with all of Landlord’s construction obligations, if any, “Substantially Completed” as provided in the Construction Rider attached as Exhibit B B-1 (the “Construction RiderRider - Landlord Improvements”) or, in the event of any “Tenant Delay,” as defined in the Construction RiderRider - Landlord Improvements, the date on which Landlord could have done so had there been no such Tenant Delay; or (b) the date upon which Tenant, with Landlord’s written permission, Tenant actually occupies and conducts business in any portion of the Premises. The parties anticipate that the Commencement Date will occur on or about the Scheduled Commencement Date set forth in the Basic Lease Information (the “Scheduled Commencement Date”). Landlord shall pay Tenant’s hold-over charges if the Premises are not Substantially Completed within seventy-five (75) days after Lease execution, ; provided, however, that Landlord shall not be liable for any other claims, damages or liabilities if the Premises are not ready for occupancy by the Scheduled Commencement Date. When the Commencement Date has been established, Landlord and Tenant shall at the request of either party confirm the Commencement Date and Expiration Date in writing. Subject to the provisions of Exhibit B-1 Construction Rider - Landlord Improvements and Exhibit B-2 Construction Rider - Tenant Improvements, and provided that Tenant has delivered the insurance certificates called for in Section 11.1(e) — Certificates of Insurance, and given Landlord written notice prior to entry, Tenant shall have access to the Premises during normal Business Hours (“Early Access”), prior to the anticipated Commencement Date, commencing two (2) days after mutual execution and delivery of this Lease, for Tenant to perform the Tenant Improvements described in Exhibit B-2 Construction Rider - Tenant Improvements and to install Tenant’s furniture, fixtures and equipment, data information systems, security systems, computer and telephone cabling, computers and related office equipment, but only if during such Early Access, Tenant and Tenant’s employees, contractors and vendor do not interfere with Landlord’s contractor completing the Landlord Improvements. Tenant agrees that Landlord shall not be liable in any way for any injury, loss or damage which may occur to any of Tenant’s property placed upon or installed in the Premises prior to the Commencement Date, the same being at Tenant’s sole risk, and Tenant shall be liable for all injury, loss or damage to persons or property arising as a result of such entry into the Premises by Tenant or its Representatives. During such Early Access Tenant shall not be obligated to pay Base Rent or Additional Rent prior to the Commencement Date. Notwithstanding the foregoing, if Tenant takes possession of the Premises before the Commencement Date for any purpose other than as expressly provided in this Section, such possession shall be subject to the terms and conditions of this Lease and Tenant shall pay Base Rent and Additional Rent, and any other charges payable hereunder to Landlord for each day of possession before the Commencement Date. If (A) within two (2) Business Days of the date of this Lease Tenant selects a Building standard paint and carpet which paint and carpet are promptly available (without long lead delay), and (B) the Commencement Date has not occurred on or before the expiration of the date which is one hundred twenty (120) days following the date this Lease is fully executed and delivered by each of Landlord and Tenant and Tenant delivers to Landlord all prepaid rents, the Security Deposit and all certificates of insurance as required by the terms and conditions of this Lease (the “Required Delivery Date”), Tenant may terminate this Lease by giving Landlord written notice of termination on or before the earlier to occur of: (a) five (5) Business Days after the Required Delivery Date; and (b) Commencement Date. In such event, the Lease shall be deemed null and void and of no further force and effect and Landlord shall promptly refund any prepaid rent and Security Deposit previously advanced by Tenant under the Lease and, so long as Tenant has not previously defaulted under any of its obligations under the Construction Rider, the parties hereto shall have no further responsibilities or obligations to each other with respect to the Lease. Landlord and Tenant acknowledge and agree that: (i) the determination of the Commencement Date shall take into consideration the effect of any Tenant Delays; and (ii) the Required Delivery Date shall be postponed by the number of days the Commencement Date is delayed due to strikes, acts of God, shortages of labor or materials, war, terrorist acts, civil disturbances and other causes beyond the reasonable control of Landlord.

TERM; POSSESSION. The term of this Lease (the “Term”"TERM") shall commence on the Commencement Date as described below and, unless sooner terminated, shall expire on the Expiration Date set forth in the Basic Lease Information (the “Expiration Date”"EXPIRATON DATE"). The “Commencement Date” "COMMENCEMENT DATE" shall be the earlier of (a) the date on which Landlord tenders possession of the Premises to Tenant, with all of has "Substantially Completed" Landlord’s 's construction obligations, if any, “Substantially Completed” as provided with respect to the improvements (the "TENANT IMPROVEMENTS") to be constructed and installed in the Construction Rider attached as Exhibit B Premises by Landlord (the “Construction Rider”) or, in the event of any “"Tenant Delay,” as defined in the Construction Rider, "the date on which Landlord could have done so had there been no such "Tenant Delay"), all as provided in the Construction Rider attached as Exhibit B (the --------- "CONSTRUCTION RIDER", and tendered possession of the Premises to Tenant; or (b) the any earlier date upon which Tenant, with Landlord’s Xxxxxxxx's written permission, actually occupies and conducts business in any portion of the Premises. The parties anticipate that the Commencement Date will occur on or about the Scheduled Commencement Date set forth in the Basic Lease Information (the “Scheduled Commencement Date”"SCHEDULED COMMENCEMENT DATE"). Landlord shall pay Tenant’s hold-over charges if the Premises are not Substantially Completed within seventy-five (75) days after Lease execution, provided, however, that Landlord shall not be liable for any other claims, damages or liabilities if the Premises are not ready for occupancy by the Scheduled Commencement Date. When the Commencement Date has been established, Landlord and Tenant shall at the request of either party confirm the Commencement Date and Expiration Date in writing. As used in this Lease, the first "LEASE YEAR" shall be the period from (and including) the Commencement Date through (and including) the last day of the calendar month in which the first anniversary of the Commencement Date falls, and each period of twelve full consecutive calendar months thereafter shall be a subsequent Lease Year.

TERM; POSSESSION. The term of this Lease (the “"Term”") shall commence on the Commencement Date as described below and, unless sooner terminated, shall expire on the Expiration Date set forth in the Basic Lease Information (the “"Expiration Date”"). The “"Commencement Date” " shall be the earlier of (a) the later of (i) the date that is three hundred thirty (330) days after the date Landlord receives the Approvals (defined herein), or (ii) the date on which Landlord tenders possession of the Premises to Tenant, with all of Landlord’s 's construction obligations, if any, “"Substantially Completed” " as provided in the Construction Rider attached as Exhibit B (the “"Construction Rider”") or, in the event of any “"Tenant Delay,” " as defined in the Construction Rider, the date on which Landlord could have done so had there been no such Tenant Delay; or (b) the date upon which Tenant, with Landlord’s 's written permission, actually occupies and conducts business in any portion of the Premises. Landlord acknowledges that as of the date of Landlord's signature of this Lease, no Tenant Delay has occurred. The parties anticipate that the Commencement Date will occur on or about the Scheduled Commencement Date set forth in the Basic Lease Information (the “"Scheduled Commencement Date”"). Landlord shall pay Tenant’s hold-over charges if the Premises are not Substantially Completed within seventy-five (75) days after Lease execution, ; provided, however, that Landlord shall not be liable for any other claims, damages or liabilities except those specifically provided for in Section 2.1.1 if the Premises are not ready for occupancy by the Scheduled Commencement Date. When the Commencement Date has been established, Landlord and Tenant shall at the request of either party confirm the Commencement Date and Expiration Date in writing. Notwithstanding anything herein to the contrary, the parties acknowledge that Landlord has not received final approval of the Planned Unit Development for the Premises, and final approvals from the MPCA and watershed district with respect to the Premises (collectively, the "Approvals") and that to the extent that any delays in obtaining such Approvals delay Landlord's commencement or completion of construction of the Premises, then the time or deadline for all performances by Landlord set forth in this Lease and the Construction Rider (including without limitation, the Scheduled Commencement Date and the various deadlines set forth in Section 2.1.1) shall be extended one day for each day from and after September 15, 2007 through and including the date Landlord receives such Approvals. Landlord shall promptly notify Tenant in writing of the date Landlord obtains the Approvals and of any construction delays caused by delay in obtaining the Approvals. Upon request by either party, the parties agree to confirm the extension of any applicable time or deadline for performance by Landlord pursuant to a written Addendum to this Lease. Notwithstanding anything herein to the contrary, the parties hereby acknowledge and agree that if Landlord obtains the Approvals on October 5, 2007, then delays experienced by Landlord in obtaining the Approvals will cause the Scheduled Commencement Date to be delayed until September 5, 2008 and will similarly extend the time or deadlines for performance set forth in this Lease (including without limitation Section 2.1.1), by a period of twenty (20) days.

TERM; POSSESSION. The term of this Lease (the “Term”) shall commence on the Commencement Date as described below and, unless sooner terminated, shall expire on the Expiration Date set forth in the Basic Lease Information (the “Expiration Date”). The “Commencement Date” shall be the earlier of (a) the later of (i) the date that is three hundred thirty (330) days after the date Landlord receives the Approvals (defined herein), or (ii) the date on which Landlord tenders possession of the Premises to Tenant, with all of Landlord’s construction obligations, if any, “Substantially Completed” as provided in the Construction Rider attached as Exhibit B (the “Construction Rider”) or, in the event of any “Tenant Delay,” as defined in the Construction Rider, the date on which Landlord could have done so had there been no such Tenant Delay; or (b) the date upon which Tenant, with Landlord’s written permission, actually occupies and conducts business in any portion of the Premises. Landlord acknowledges that as of the date of Landlord’s signature of this Lease, no Tenant Delay has occurred. The parties anticipate that the Commencement Date will occur on or about the Scheduled Commencement Date set forth in the Basic Lease Information (the “Scheduled Commencement Date”). Landlord shall pay Tenant’s hold-over charges if the Premises are not Substantially Completed within seventy-five (75) days after Lease execution, ; provided, however, that Landlord shall not be liable for any other claims, damages or liabilities except those specifically provided for in Section 2.1.1 if the Premises are not ready for occupancy by the Scheduled Commencement Date. When the Commencement Date has been established, Landlord and Tenant shall at the request of either party confirm the Commencement Date and Expiration Date in writing.Commencement

TERM; POSSESSION. The term of this Lease (the “Term”) shall commence on the Commencement Date as described below and, unless sooner terminated, shall expire on the Expiration Date set forth in the Basic Lease Information (the “Expiration Date”). The “Commencement Date” shall be the earlier of (a) the date on which Landlord tenders possession of the Premises to Tenant, with all of Landlord’s construction obligations, if any, “Substantially Completed” as provided in the Construction Rider attached as Exhibit B (the “Construction Rider”) but in no event prior to April 1, 2009 or, in the event of any “Tenant Delay,” as defined in the Construction Rider, the date on which Landlord could have done so had there been no such Tenant Delay; or (b) the date upon which Tenant, with Landlord’s written permission, actually occupies and conducts business in any portion of the Premises. Landlord acknowledges that Base Rent and Tenant’s Share of Operating Costs and Taxes shall not be payable until the first (1st) day of the seventh (7th) full month after the Commencement Date. The parties anticipate that the Commencement Date will occur on or about the Scheduled Commencement Date set forth in the Basic Lease Information (the “Scheduled Commencement Date”). Landlord shall pay Tenant’s hold-over charges if the Premises are not Substantially Completed within seventy-five (75) days after Lease execution, ; provided, however, that Landlord shall not be liable for any other claims, damages or liabilities if the Premises are not ready for occupancy by the Scheduled Commencement Date. When the Commencement Date has been established, Landlord and Tenant shall shall, at the request of either party party, confirm the Commencement Date and Expiration Date in writing.

TERM; POSSESSION. The term of this Lease (the “"Term”") shall commence on the Commencement Date as described below and, unless sooner terminated, shall expire on the Expiration Date set forth in the Basic Lease Information (the “"Expiration Date”"). The “"Commencement Date” " shall be the earlier of (a) thirty (30) days after the date on which Landlord tenders possession of the Premises to Tenant, Tenant by written notice (after the Existing Tenant has vacated the Premises upon complete execution of a termination agreement with all the Existing Tenant pursuant to the provisions of Landlord’s construction obligations, if any, “Substantially Completed” as provided in the Construction Rider attached as Exhibit B (the “Construction Rider”) or, in the event of any “Tenant Delay,” as defined in the Construction Rider, the date on which Landlord could have done so had there been no such Tenant Delaynext succeeding paragraph); or (b) the date upon which Tenant, with Landlord’s 's written permission, actually occupies and conducts business in any portion of the Premises. The parties anticipate that the Commencement Date will occur on or about the Scheduled Commencement Date set forth in the Basic Lease Information (the “"Scheduled Commencement Date”"). Landlord shall pay Tenant’s hold-over charges if the Premises are not Substantially Completed within seventy-five (75) days after Lease execution, ; provided, however, that Landlord shall not be liable for any other claims, damages or liabilities if the Premises are not ready for occupancy by the Scheduled Commencement Date. When the Commencement Date has been established, Landlord and Tenant shall at the request of either party confirm the Commencement Date and Expiration Date in writing. Tenant understands and agrees that the Premises are currently leased by another tenant (the "Existing Tenant"). Landlord agrees to use its good faith efforts to negotiate a termination of lease with the Existing Tenant and to regain possession of the Premises from the Existing Tenant by June 22, 1998, and deliver possession of the Premises to Tenant on July 15, 1998. Notwithstanding any provision contained herein to the contrary, Landlord shall not be obligated to pay any consideration to the Existing Tenant in order to gain possession of the Premises. After Landlord and Tenant have completely executed this Lease, then upon the later of (a) the complete execution of a lease termination agreement by Landlord and the Existing Tenant, or (b) June 15, 1998, Tenant shall have access to the Premises for inspection of the Premises, subject to the terms of this Lease, including Tenant delivering to Landlord evidence of insurance required under this Lease, except that Tenant shall not be permitted to commence construction of Tenant Improvements in the Premises prior to the Commencement Date. Notwithstanding the foregoing, if Landlord has not delivered possession of the Premises to Tenant by October 14, 1998, Tenant shall have the right to terminate this Lease by written notice to Landlord, and upon any such termination by Tenant, Landlord promptly shall return to Tenant (i) all sums paid by Tenant to Landlord under this Lease and (ii) the Letter of Credit issued in favor of Landlord in connection with this Lease.

TERM; POSSESSION. Tenant currently occupies a portion of the Premises (the "Existing Premises") under the terms of that certain Office Lease Agreement, dated January 13, 1997, by and between Landlord's predecessor-in-interest, Xxxxx Ranch Company, and Tenant (the "Existing Lease"). The expiration date of the Existing Lease is January 31, 2000. The term of this Lease (the “"Term”") shall commence on the Commencement Date as described below and, unless sooner terminated, shall expire on the Expiration Date set forth in the Basic Lease Information (the “"Expiration Date”"). The “"Commencement Date” " shall be the earlier of (a) the date on which Landlord tenders possession of the portion of the Premises not leased by Tenant under the Existing Lease (the "Expansion Premises") to Tenant, with all of Landlord’s 's construction obligations, if any, “"Substantially Completed” " as provided in the Construction Rider attached as Exhibit B (the “"Construction Rider”") or, in the event of any “"Tenant Delay,” " as defined in the Construction Rider, the date on which Landlord could have done so had there been no such Tenant Delay; or (b) the date upon which Tenant, with Landlord’s 's written permission, actually occupies and conducts business in any portion of the Expansion Premises. The parties anticipate that the Commencement Date will occur on or about the Scheduled Commencement Date set forth in the Basic Lease Information (the “"Scheduled Commencement Date”"). Landlord shall pay Tenant’s hold-over charges if the Premises are not Substantially Completed within seventy-five (75) days after Lease execution, ; provided, however, that Landlord shall not be liable for any other claims, damages or liabilities if the Premises are not ready for occupancy by the Scheduled Commencement Date. When the Commencement Date has been established, Landlord and Tenant shall at the request of either party confirm the Commencement Date and Expiration Date in writing. Provided that this Lease is in full force and effect, if the Commencement Date occurs prior to January 31, 2000, the Existing Lease shall be deemed terminated effective as of the date immediately preceding the Commencement Date.

TERM; POSSESSION. The term of this Lease (the “Term”"TERM") shall commence on the Commencement Date as described below and, unless sooner terminated, shall expire on the Expiration Date set forth in the Basic Lease Information (the “Expiration Date”"EXPIRATION DATE"). The “Commencement Date” "COMMENCEMENT DATE" shall be the earlier of (a) the date on which Landlord tenders possession of the Premises to Tenant, with all of Landlord’s 's construction obligations, if any, “Substantially Completed” "SUBSTANTIALLY COMPLETED" as provided in the Construction Rider attached as Exhibit EXHIBIT B (the “Construction Rider”"CONSTRUCTION RIDER") or, in the event of any “Tenant Delay"TENANT DELAY,” " as defined in the Construction Rider, the date on which Landlord could have done so had there been no such Tenant Delay; or (b) the date upon which Tenant, with Landlord’s 's written permission, actually occupies and conducts business in any portion of the Premises. The parties anticipate that the Commencement Date will occur on or about the Scheduled Commencement Date set forth in the Basic Lease Information (the “Scheduled Commencement Date”"SCHEDULED COMMENCEMENT DATE"). Landlord shall pay Tenant’s hold-over charges if the Premises are not Substantially Completed within seventy-five (75) days after Lease execution; PROVIDED, provided, howeverHOWEVER, that Landlord shall not be liable for any other claims, damages or liabilities if the Premises are not ready for occupancy by the Scheduled Commencement Date. When the Commencement Date has been established, Landlord and Tenant shall at the request of either party confirm the Commencement Date and Expiration Date in writing.

TERM; POSSESSION. The term of this Lease (the “Term”"TERM") shall commence on the Commencement Date as described below and, unless sooner terminated, shall expire on the Expiration Date set forth in the Basic Lease Information (the “Expiration Date”"EXPIRATION DATE"). The “Commencement Date” "COMMENCEMENT DATE" shall be the earlier of (a) the date on which Landlord tenders possession of the Premises to Tenant, with all of has "substantially completed" Landlord’s 's construction obligations, if any, “Substantially Completed” as provided with respect to the improvements (the "TENANT IMPROVEMENTS") to be constructed and installed in the Construction Rider attached as Exhibit B Premises by Landlord (the “Construction Rider”) or, in the event of any “Tenant Delay"TENANT DELAY,” as defined in the Construction Rider, " the date on which Landlord could have done so had there been no such Tenant Delay"TENANT DELAY"), all as provided in the Construction Rider attached as Exhibit B (the "CONSTRUCTION RIDER"), and tendered possession of the Premises to Tenant; or (b) the any earlier date upon which Tenant, with Landlord’s 's written permission, permission (which shall not be unreasonably withheld) actually occupies and conducts business in any portion of the Premises. The parties anticipate that the Commencement Date will occur on or about the Scheduled Commencement Date set forth in the Basic Lease Information (the “Scheduled Commencement Date”"SCHEDULED COMMENCEMENT DATE"). Landlord shall pay Tenant’s hold-over charges if the Premises are not Substantially Completed within seventy-five (75) days after Lease execution, provided, however, that Landlord shall not be liable for any other claims, damages or liabilities if the Premises are not ready for occupancy by the Scheduled Commencement Date. When the Commencement Date has been established, Landlord and Tenant shall at the request of either party confirm the Commencement Date and Expiration Date in writing. As used in this Lease, the first "Lease Year" shall be the period from (and including) the Commencement Date through (and including) the last day of the calendar month in which the first anniversary of the Commencement Date falls, and each period of twelve full consecutive calendar months thereafter shall be a subsequent Lease Year.

TERM; POSSESSION. The term of this Lease (the “Term”) shall commence on the Commencement Date as described below and, unless sooner terminated, shall expire on the Expiration Date set forth in the Basic Lease Information date (the “Expiration Commencement Date”). The “Commencement Date” shall be ) which is the earlier later of (aA) the Scheduled Commencement Date or (B) the date on by which all of the following have occurred (1) Landlord tenders possession of the Premises to TenantTenant in good, vacant broom clean condition, with all building systems in good working order and, with all of Landlord’s construction obligations, if any, “Substantially Completed” as provided in the Construction Rider attached as Exhibit B (the “Construction RiderA”) or, in the event of any “Tenant Delay,” as defined in the Construction Rider, the date on which Landlord could have done so had there been no such Tenant Delay; or (b) the date upon which Tenant, with Landlord’s written permission, actually occupies and conducts business in any portion of the Premises. The parties anticipate that the Commencement Date will occur on or about the Scheduled Commencement Date set forth in Section 2(e) above. The term of this Lease shall end on the Basic Lease Information (the “Scheduled Commencement Date”)Expiration Date set forth in Section 2(e) above. Landlord shall pay Tenant’s hold-over charges if If Landlord, for any reason whatsoever, cannot deliver possession of the Premises are not Substantially Completed within seventy-five (75) days after Lease execution, provided, however, that Landlord shall not be liable for any other claims, damages or liabilities if the Premises are not ready for occupancy by to Tenant on the Scheduled Commencement Date, this Lease shall not be void or voidable, nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom, but in that event no rent shall be payable until the date on which Landlord delivers possession. When The Rent payable by Tenant under this Lease shall not commence until the Rent Commencement Date (as defined below). In addition, notwithstanding the foregoing, if the Commencement Date (as the same may be extended for Tenant Delays (as provided below)) has been establishednot occurred on or before the Scheduled Commencement Date, Landlord and Tenant shall at then the request of either party confirm the Rent Commencement Date and Expiration Date in writingshall be delayed by one day beyond the date it would have otherwise.

TERM; POSSESSION. The term of this Lease (the “"Term”") shall commence on the Commencement Date as described below and, unless sooner terminated, shall expire on the Expiration Date set forth in the Basic Lease Information (the “"Expiration Date”"). The “"Commencement Date” " shall be the earlier of (a) the date on which Landlord tenders possession of the Premises to Tenant, with all of Landlord’s 's construction obligations, if any, “"Substantially Completed” " as provided in the Construction Rider attached as Exhibit B (the “"Construction Rider”") or, in the event of any “"Tenant Delay,” " as defined in the Construction Rider, the date on which Landlord could have done so had there been no such Tenant Delay; or (b) the date upon which TenantXxxxxx, with Landlord’s Xxxxxxxx's written permission, actually occupies and conducts business in any portion of the Premises. The parties anticipate that the Commencement Date will occur on or about the Scheduled Commencement Date set forth in the Basic Lease Information (the “"Scheduled Commencement Date”"). Landlord shall pay Tenant’s hold-over charges if the Premises are not Substantially Completed within seventy-five (75) days after Lease execution, ; provided, however, that Landlord shall not be liable for any other claims, damages or liabilities if the Premises are not ready for occupancy by the Scheduled Commencement Date. When the Commencement Date has been established, Landlord and Tenant shall at the request of either party confirm the Commencement Date and Expiration Date in writing.

TERM; POSSESSION. The term of this Lease (the “Term”) shall commence on the Commencement Date as described below set forth in the Basic Lease Information (the “Commencement Date”) and, unless sooner terminated, shall expire on the Expiration Date set forth in the Basic Lease Information (the “Expiration Date”). The “Commencement Date” shall be the earlier of (a) the date on which Landlord tenders possession of the Premises to Tenant, with all of Landlord’s construction obligations, if any, “Substantially Completed” unless extended as provided in the Construction Rider attached as Exhibit B (the “Construction Rider”) or, in the event of any “Tenant Delay,” as defined in the Construction Rider, the date on which Landlord could have done so had there been no such Tenant Delay; or (b) the date upon which Tenant, with Landlord’s written permission, actually occupies and conducts business in any portion of the Premises. The parties anticipate that the Commencement Date will occur on or about the Scheduled Commencement Date set forth in the Basic Lease Information (the “Scheduled Commencement Date”)herein. Landlord shall pay Tenant’s hold-over charges if the Premises are not Substantially Completed within seventy-five (75) days after Lease execution, provided, however, that Landlord shall not be liable for any other claims, damages or liabilities if the Premises are not ready for occupancy by the Scheduled Commencement Date. When Provided that Tenant has delivered the insurance certificates called for in Section 11.1(e) – Certificates of Insurance, the Security Deposit, and the prepaid Base Rent required under Section 3.1 – Base Rent, Landlord shall deliver possession of the Premises to Tenant as of the date of mutual execution and delivery of this Lease (the “Delivery Date”). Landlord shall install an exclusive Outdoor Area (defined in Section 44 below) demarcated by a vegetation hedge (as depicted in the attached Exhibit A). Commencing as of the Delivery Date, Tenant shall have access to the Premises during normal Business Hours to perform the Tenant Improvements described in Exhibit B - Construction Rider, to install Tenant’s furniture, fixtures and equipment, data information systems, security systems, computer and telephone cabling, computers and related office equipment, but only if during such period, Tenant and Tenant’s employees, contractors and vendors do not materially or adversely interfere with Landlord’s contractor completing work and renovations at the Project. Tenant shall not be obligated to pay Base Rent or Additional Rent prior to the Commencement Date, provided, however, commencing as of the Delivery Date, Tenant shall establish direct accounts with the all utility providers such that effective as of the Delivery Date, Tenant shall pay for and be liable for the cost of any utilities, trash disposal or services provided to Tenant at the Premises. Notwithstanding the foregoing, if Txxxxx takes possession of the Premises before the Commencement Date has been establishedfor any purpose other than as expressly provided in this Section, Landlord such possession shall be subject to the terms and conditions of this Lease and Tenant shall at the request pay Base Rent and Additional Rent, and any other charges payable hereunder to Landlord for each day of either party confirm possession before the Commencement Date and Expiration Date in writingDate.

TERM; POSSESSION. The term of this Lease (the “"Term”") shall commence on the Commencement Date as described below and, unless sooner terminated, shall expire on the Expiration Date set forth in the Basic Lease Information (the “"Expiration Date”"). The “"Commencement Date” " shall be the earlier of (a) 120 days following the date on which Landlord tenders possession of the Premises to Tenant, with all of Landlord’s 's construction obligations, if any, “"Substantially Completed” " as provided in the Construction Rider attached as Exhibit B (the “"Construction Rider”") or, in the event of any “"Tenant Delay,” " as defined in the Construction Rider, the date on which Landlord could have done so had there been no such Tenant Delay; or (b) the date upon which Tenant, with Landlord’s written permission, Tenant actually occupies and conducts business in any portion of the Premises. The parties anticipate that the Commencement Date will occur on or about the Scheduled Commencement Date set forth in the Basic Lease Information (the “"Scheduled Commencement Date”"). Landlord shall pay Tenant’s hold-over charges if the Premises are not Substantially Completed within seventy-five (75) days after Lease execution, ; provided, however, that Landlord shall not be liable for any other claims, damages or liabilities if the Premises are not ready for occupancy by the Scheduled Commencement Date. When the Commencement Date has been established, Landlord and Tenant shall at the request of either party confirm the Commencement Date and Expiration Date in writing.

TERM; POSSESSION. The term of this Lease (the “Term”) shall commence on the Commencement Date as described below and, unless sooner terminated, shall expire on the Expiration Date set forth in the Basic Lease Information (the “Expiration Date”). The “Commencement Date” shall be the earlier of (a) thirty (30) days after the date on which Landlord tenders possession of the Premises to Tenant, Tenant by written notice (after the Existing Tenant has vacated the Premises upon complete execution of a termination agreement with all the Existing Tenant pursuant to the provisions of Landlord’s construction obligations, if any, “Substantially Completed” as provided in the Construction Rider attached as Exhibit B (the “Construction Rider”) or, in the event of any “Tenant Delay,” as defined in the Construction Rider, the date on which Landlord could have done so had there been no such Tenant Delaynext succeeding paragraph); or (b) the date upon which Tenant, with Landlord’s written permission, actually occupies and conducts business in any portion of the Premises. The parties anticipate that the Commencement Date will occur on or about the Scheduled Commencement Date set forth in the Basic Lease Information (the “Scheduled Commencement Date”). Landlord shall pay Tenant’s hold-over charges if the Premises are not Substantially Completed within seventy-five (75) days after Lease execution, ; provided, however, that Landlord shall not be liable for any other claims, damages or liabilities if the Premises are not ready for occupancy by the Scheduled Commencement Date. When the Commencement Date has been established, Landlord and Tenant shall at the request of either party confirm the Commencement Date and Expiration Date in writing. Tenant understands and agrees that the Premises are currently leased by another tenant (the “Existing Tenant”). Landlord agrees to use its good faith efforts to negotiate a termination of lease with the Existing Tenant and to regain possession of the Premises from the Existing Tenant by June 22, 1998, and deliver possession of the Premises to Tenant on July 15, 1998. Notwithstanding any provision contained herein to the contrary, Landlord shall not be obligated to pay any consideration to the Existing Tenant in order to gain possession of the Premises. After Landlord and Tenant have completely executed this Lease, then upon the later of (a) the complete execution of a lease termination agreement by Landlord and the Existing Tenant, or (b) June 15, 1998, Tenant shall have access to the Premises for inspection of the Premises, subject to the terms of this Lease, including Tenant delivering to Landlord evidence of insurance required under this Lease, except that Tenant shall not be permitted to commence construction of Tenant Improvements in the Premises prior to the Commencement Date. Notwithstanding the foregoing, if Landlord has not delivered possession of the Premises to Tenant by October 14, 1998, Tenant shall have the right to terminate this Lease by written notice to Landlord, and upon any such termination by Tenant, Landlord promptly shall return to Tenant (i) all sums paid by Tenant to Landlord under this Lease and (ii) the Letter of Credit issued in favor of Landlord in connection with this Lease.

TERM; POSSESSION. The term of this Lease (the “"Term”") shall commence on the Commencement Date as described below and, unless sooner terminated, shall expire on the Expiration Date set forth in the Basic Lease Information (the “"Expiration Date”"). The “"Commencement Date” " shall be the earlier of (a) the date on which Landlord tenders possession of the Premises to TenantNovember 1, with all of Landlord’s construction obligations1999, if any, “Substantially Completed” as provided in the Construction Rider attached as Exhibit B (the “Construction Rider”) or, in the event of any “Tenant Delay,” as defined in the Construction Rider, the date on which Landlord could have done so had there been no such Tenant Delay; or (b) the date upon which Tenant, with Landlord’s 's written permission, actually occupies and conducts business in any portion of the Premises. The parties anticipate Tenant understands and agrees that the Commencement Date will occur on or about the Scheduled Commencement Date set forth in the Basic Lease Information (the “Scheduled Commencement Date”). Landlord shall pay Tenant’s hold-over charges if the Premises are not Substantially Completed within seventy-five currently leased by another tenant (75the "Existing Tenant") days after in accordance with a lease which expires January 31, 2003. Landlord agrees to use its good faith efforts to negotiate a termination of lease with the Existing Tenant and deliver possession of the Premises to Tenant on or before November 1, 1999. If, despite Landlord's good faith efforts, Landlord is unable to deliver possession of the Premises to Tenant on or before November 2, 1999, Landlord or Tenant shall each have the right to terminate this Lease execution, provided, however, that by providing written notice of termination to the other and this Lease shall be of no further force and effect upon the parties hereto. Such right of termination shall constitute Tenant's sole remedy for Landlord's failure to deliver possession of the Premises. Landlord shall not be liable for any other claims, damages or liabilities if Landlord is unable to deliver possession of the Premises are not ready for occupancy to Tenant by November 2, 1999. In the Scheduled Commencement Date. When event Landlord tenders possession of the Commencement Date has been establishedPremises to Tenant, Landlord and Tenant accepts possession thereof, after November 2, 1999, Tenant's right to terminate this Lease shall at the request of either party confirm the Commencement Date and Expiration Date in writingbecome void.