Common use of Commencement Date Delay Clause in Contracts

Commencement Date Delay. (a) Subject to force majeure (as defined in the Lease) and Subtenant delay, if Sublease Substantial Completion has not occurred on or before the date that is sixty (60) days after the projected Sublease Commencement Date (subject to postponement as set forth in this Paragraph 2.2, the “Sublease Outside Date”), then Subtenant may terminate this Sublease on notice given to Sublandlord and Landlord on or before (but not after) the date that is ten (10) days after the Sublease Outside Date. (b) Termination of this Sublease in accordance with the foregoing subparagraph (a) shall be effective as of the date of receipt by Sublandlord and Landlord of notice of termination from Subtenant, the Parties shall thereafter be released and discharged from all further obligations under this Sublease (except for any obligations that expressly survive the expiration of the Sublease Term or the sooner termination of this Sublease and except as provided in the remainder of this sentence) and Subtenant shall receive a refund of any Sublease Security Deposit and prepaid Sublease Basic Monthly Rent actually received by Sublandlord or Landlord. (c) In addition to the foregoing, Landlord may at any time give Subtenant and Sublandlord notice that Sublease Substantial Completion will not occur by the Sublease Outside Date, which notice shall also set forth Landlord’s then-current estimate of the date (the “New Date”) on which Sublease Substantial Completion will occur, and Subtenant shall have ten (10) business days after receipt of such notice to exercise the termination right set forth in the foregoing subparagraph (a), or such right will be deemed to have been waived (but such waiver shall not affect the termination right set forth in subparagraph (d) below). (d) Thereafter, subject to force majeure and Subtenant delay, if Sublease Substantial Completion has not occurred on or before the New Date, then Subtenant may terminate this Sublease on notice given to Sublandlord and Landlord on or before (but not after) the date that is ten (10) days after the New Date. Termination of this Sublease in accordance with the immediately preceding sentence shall be effective as of the date of receipt by Sublandlord and Landlord of notice of termination from Subtenant, the Parties shall thereafter be released and discharged from all further obligations under this Sublease (except for any obligations that expressly survive the expiration of the Sublease Term or the sooner termination of this Sublease and except as provided in the remainder of this sentence) and Subtenant shall receive a refund of any Sublease Security Deposit and prepaid Sublease Basic Monthly Rent actually received by Sublandlord or Landlord.

Commencement Date Delay. (a) Subject to force majeure (as defined in the Lease) and Subtenant delayTenant Delay, if Sublease Substantial Completion has not occurred on or before the date that is sixty (60) days after the projected Sublease Projected Commencement Date (subject to postponement as set forth in this Paragraph 2.23.2, the “Sublease Outside Date”), then Subtenant Tenant may terminate this Sublease Lease on notice given to Sublandlord and Landlord on or before (but not after) the date that is ten (10) days after the Sublease Outside Date.. As indicated by the immediately preceding sentence, the Outside Date shall be postponed one day for each day of force majeure delay or Tenant Delay, and shall also be postponed one day for each day after the respective dates set forth below that any of the following matters are actually accomplished: Matters to be Accomplished Dates by which to be Accomplished Lease fully executed and delivered by the Parties May 5, 2014 Final space plan for the Premises approved by the Parties May 9, 2014 All Tenant finishes selected and approved by Tenant May 20, 2014 Final construction drawings for the Premises approved by the Parties May 23, 2014 (b) Termination of this Sublease Lease in accordance with the foregoing subparagraph (a) shall be effective as of the date of receipt by Sublandlord and Landlord of notice of termination from SubtenantTenant, the Parties shall thereafter be released and discharged from all further obligations under this Sublease Lease (except for any obligations that expressly survive the expiration of the Sublease Term or the sooner termination of this Sublease Lease end and except as provided in the remainder of this sentence) and Subtenant Tenant shall receive a refund of any Sublease Security Deposit and prepaid Sublease Basic Monthly Rent actually received by Sublandlord or Landlord. (c) In addition to the foregoing, Landlord may at any time give Subtenant and Sublandlord Tenant notice that Sublease Substantial Completion will not occur by the Sublease Outside Date, which notice shall also set forth Landlord’s then-current estimate of the date (the “New Date”) on which Sublease Substantial Completion will occur, and Subtenant Tenant shall have ten (10) business days after receipt of such notice to exercise the termination right set forth in the foregoing subparagraph (a), or such right will be deemed to have been waived (but such waiver shall not affect the termination right set forth in subparagraph (d) below). (d) Thereafter, subject to force majeure and Subtenant delayTenant Delay, if Sublease Substantial Completion has not occurred on or before the New Date, then Subtenant Tenant may terminate this Sublease Lease on notice given to Sublandlord and Landlord on or before (but not after) the date that is ten (10) days after the New Date. Termination of this Sublease Lease in accordance with the immediately preceding sentence shall be effective as of the date of receipt by Sublandlord and Landlord of notice of termination from SubtenantTenant, the Parties shall thereafter be released and discharged from all further obligations under this Sublease Lease (except for any obligations that expressly survive the expiration of the Sublease Term or the sooner termination of this Sublease Lease end and except as provided in the remainder of this sentence) and Subtenant Tenant shall receive a refund of any Sublease Security Deposit and prepaid Sublease Basic Monthly Rent actually received by Sublandlord or Landlord.