Common use of COMPLETION AND RENTAL COMMENCEMENT DATE Clause in Contracts

COMPLETION AND RENTAL COMMENCEMENT DATE. Notwithstanding anything to the contrary contained in the Lease, ▇▇▇▇▇▇'s obligation for the payment of rental under the Lease shall not commence until Landlord has substantially completed the Tenant Improvements, subject only to the completion of punch list items. Substantial completion shall be as determined by issuance of a Temporary Certificate of Occupancy issued by the City of Alameda. If Landlord shall be delayed in substantially completing the Tenant Improvements as a result of: a. Tenant's changes to plans and specifications after approval thereof pursuant to Paragraph 4(c) above; b. Tenant's request for materials, finishes, or installations other than tenant standard improvements; c. ▇▇▇▇▇▇'s request for changes in the Tenant Improvements after commencement of construction; d. Hindrance or disruption of the work of ▇▇▇▇▇▇▇▇'s contractor resulting from Tenant Vendor's Work or any other reason under ▇▇▇▇▇▇'s control; or e. Cessation or termination of work in the premises due to Tenant's failure to pay when due all amounts payable by Tenant pursuant to this Exhibit B; then the commencement date of Tenant's obligation for payment of rental shall be advanced by the number of days of such delay. All time periods referred to in this Exhibit B shall be computed on a calendar basis with no allowance for holidays or weekends.

COMPLETION AND RENTAL COMMENCEMENT DATE. Notwithstanding anything to The commencement of the contrary contained in Term of the Lease, ▇▇▇▇▇▇'s Fourth Lease Amendment and Tenant’s obligation for the payment of rental rent under the Lease shall not commence until Landlord has substantially completed as of the later of the date of substantial completion of the Tenant ImprovementsImprovements and the date referred to in Section 3 of the Fourth Lease Amendment provided, subject only to the however, that if there shall be a delay in substantial completion of punch list items. Substantial completion shall be as determined by issuance of a Temporary Certificate of Occupancy issued by the City of Alameda. If Landlord shall be delayed in substantially completing the Tenant Improvements as a result of: a. (a) Tenant's changes ’s failure to plans and specifications after approval thereof pursuant to Paragraph 4(c) aboveapprove any items or perform any other obligation hereunder; b. (b) Tenant's ’s request for materials, finishes, finishes or installations other than tenant standard improvementsthose readily available; c. ▇▇▇▇▇▇'s request for (c) Tenant’s changes in the Tenant Improvements Improvement Plans after commencement of construction; d. Hindrance or disruption the previous approval of the work of ▇▇▇▇▇▇▇▇'s contractor resulting from Tenant Vendor's Work or any other reason under ▇▇▇▇▇▇'s controlImprovement Plans by Tenant; or e. Cessation or termination of work in (d) Tenant’s request to deviate from the premises due to Tenant's failure to pay when due all amounts payable by Building Standards for the Tenant pursuant to this Exhibit BImprovements; then the commencement of the Term of the Fourth Lease Amendment and the rent commencement date of Tenant's obligation for payment of rental shall be advanced accelerated by the number of days of such delaydelay but not earlier than March 1, 2004. All time periods The Tenant Improvements shall be deemed substantially complete notwithstanding the fact that minor details of construction, mechanical adjustments or decorations which do not materially interfere with Tenant’s use and enjoyment of the Premises remain to be performed (items normally referred to in this Exhibit B shall be computed on a calendar basis with no allowance for holidays or weekendsas “Punch List” items).