Common use of DELAY IN POSSESSION Clause in Contracts

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date. If, despite said efforts, Lessor is unable to deliver possession as agreed, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, . Lessee shall not, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers it receives possession of the Premises to LesseePremises. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said such sixty (60) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if . If such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effectterminate. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease the Start Date and Lessee does not terminate this Lease, as aforesaid, the any period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes acts or omissions of Lessee. If possession of the Premises is not delivered within four (4) months after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee, in writing.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date. If, despite said efforts, Lessor is unable to deliver possession as agreed, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, . Lessee shall not, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers it receives possession of the Premises to LesseePremises. If possession of the Premises is not delivered to Lessee within sixty (60) 60 days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) 10 days after the end of said sixty (60) such 60 day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if . If such written notice of Lessee is not received by Lessor within said ten (10) 10 day period, Lessee's ’s right to cancel this Lease hereunder shall terminate and be of no further force or effectterminate. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease the Start Date and Lessee does not terminate this Lease, as aforesaid, the any period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes acts or omissions of Lessee. If possession of the Premises is not delivered within 4 months after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee, in writing.

DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Commencement Date, if one if, despite said efforts, Lessor is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateunable to deliver possession as agreed, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, . Lessee shall not, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers it receives possession of the Premises to LesseePremises. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said such sixty (60) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if . If such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effectterminate. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease the Start Date and Lessee does not terminate this Lease, as aforesaid, the any period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes acts or omissions of Lessee. If possession of the Premises is not delivered within four (4) months after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee, in writing.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date▇▇▇▇, if If one is Is specified in Paragraph 1.4, or if no Early Possession Date is ▇▇▇▇ Is specified, by the Commencement DateData, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in In such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If II possession of the Premises is Is not delivered to Lessee within sixty (60) days after the Commencement Date▇▇▇▇, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end and of said sixty (60) day period, cancel this Lease, in In which event the parties shall be discharged from all obligations hereunder; provided further, however, that if If such written notice of Lessee is Is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except except as may be otherwise provided, and regardless of when the Original Term actually commences, if If possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if II any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateon said date and subject to paragraph 3.2.2, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, Lease or the obligations of Lessee hereunder, hereunder or extend the term hereof; but, but in such case, Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, except as may be otherwise provided in this Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered to Lessee possession of the Premises within sixty (60) days after the following said Commencement Date, as the same may be extended under the terms of a Work Letter executed by Lessor and Lessee, Lessee may, at its Lessee's option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided, however, that, as to Lessee's obligations, Lessee first reimburses Lessor for all costs incurred for Non-Standard Improvements and, as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Non-Standard Improvements); and provided further, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does 34 not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If Landlord, for any reason Lessor whatsoever cannot deliver possession of the Premises to Lessee by Tenant in the Early Possession Date, if one is specified condition described in Paragraph 1.4, the second sentence of Section 3.1 above on or if no Early Possession Date is specified, by before the Commencement DateDate stated in Item 4 of the Basic Lease Provisions, Lessor then this Lease shall not be subject to any liability therefor, void or voidable nor shall such failure affect Landlord be liable to Tenant for any resulting loss or damage. However, Tenant shall not be liable for any rent and the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee Commencement Date shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease not occur until Lessor Landlord so delivers possession of the Premises to Lessee. If Tenant, except that if Landlord’s failure to so deliver possession on the Commencement Date is attributable either (i) to any failure by Tenant to perform any obligation under this Lease or (ii) to any “Tenant Delay” (as defined in the Work Letter attached hereto), then the Commencement Date shall not be advanced to the date on which possession of the Premises is tendered to Tenant, and Landlord shall be entitled to full performance by Tenant (including the payment of rent) from the date Landlord would have been able to deliver the Premises to Tenant but for Tenant’s delay(s). Notwithstanding anything to the contrary contained in this Section 3.2, however, if for any reason other than the failure by Tenant to perform any obligation under Lease and/or a Tenant Delay, the Commencement Date has not delivered occurred by December 15, 2000, then Tenant may, by written notice to Lessee Landlord given within sixty twenty (6020) business days after thereafter but prior to the actual Commencement Date, Lessee may, at its option, by notice in writing elect to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease. In the event of a dispute between Landlord and Tenant regarding the advancement of the Commencement Date (including, as aforesaidwithout limitation, the period free occurrence and/or duration of Tenant Delays) and/or regarding the occurrence of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal Commencement Date pursuant to the period during which foregoing provisions of this Section 3.2, either party may elect to submit the Lessee would have otherwise enjoyed under the terms hereof, but minus any days matter for binding arbitration with JAMS/ENDISPUTE as provided in Section 22.7 of delay caused by the acts, changes or omissions of Lesseethis Lease.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, . if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay f caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateon said date and subject to paragraph 32(b), Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, Lease or the obligations of Lessee hereunder, hereunder or extend the term hereof; but, but in such case, Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, except as may be otherwise provided in this Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered to Lessee possession of the Premises within sixty (60) days after the following said Commencement Date, as the same may be extended under the terms of a Work Letter executed by Lessor and Lessee, Lessee may, at its option, Lessee's option by notice in writing to Lessor Lessor, within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder, provided however that as to Lessee's obligations, Lessee first reimburses Lessor for all costs incurred for Non-Standard improvements and as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Non-Standard Improvements); and provided further, however, further that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or and effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed enjoyed, shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does 14 not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If Notwithstanding the commencement date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateon said date, Lessor shall not be subject to any liability therefortherefore, nor shall such failure affect the validity of this Lease, Lease or the obligations of Lessee hereunder, or extend the term hereof, but in such case, a case Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation Lessee's Share of Lessee under the Operating Expenses (as those terms of this Lease are defined hereinafter) until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Lessee; provided, however, that if Lessor shall not have delivered to Lessee possession of the Premises within sixty ninety (6090) days after the Commencement Datefrom said commencement date, Lessee may, may at its Lessee's option, by notice in writing to Lessor within ten (10) days after following the end expiration of said sixty ninety (6090) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of from Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may In the event of a delay in possession, the Commencement Date shall be otherwise providedthe date on which possession of the Premises is tendered to Lessee, and regardless the term of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run be for sixty (60)months from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lesseesuch date.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If It possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If Landlord, for any reason Lessor whatsoever, cannot deliver possession of the Premises to Lessee Tenant on or before the Estimated Commencement Date set forth in Item 4 of the Basic Lease Provisions, this Lease shall not be void or voidable nor shall Landlord be liable to Tenant for any resulting loss or damage. However, Tenant shall not be liable for any rent until the Commencement Date occurs as provided in Section 3.1 above, except that if Landlord’s failure to substantially complete all work required of Landlord pursuant to Section 3.1(i) above is attributable to any action or inaction by Tenant (including without limitation any “Tenant Delay” as defined in the Work Letter attached to this Lease), then the Premises shall be deemed ready for occupancy, and Landlord shall be entitled to full performance by Tenant (including the payment of rent), as of the date Landlord would have been able to substantially complete such work and deliver the Premises to Tenant but for Tenant’s delay(s). Notwithstanding anything to the contrary contained in this Section 3.2, if for any reason other than “Tenant Delays” (as defined in the Work Letter attached hereto), or other matters beyond Landlord’s reasonable control, the actual Commencement Date has not occurred by the Early Possession date that is 60 days following the Estimated Commencement Date (the “Outside Date”), if one is specified in Paragraph 1.4, or if no Early Possession Date is specifiedthen Tenant may, by written notice to Landlord given at any time thereafter but prior to the actual occurrence of the Commencement Date, Lessor shall not be subject elect to any liability therefor, nor shall such failure affect the validity of terminate this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice the Commencement Date occurs within 10 days after delivery to Landlord of Lessee is not received by Lessor within said ten (10) day periodTenant’s termination notice, Lessee's right to cancel this Lease hereunder shall terminate continue in full force and be of no further force or effect. Except as may be otherwise provided, and regardless of when If the Original Term actually commences, if possession is Commencement Date has not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from occurred within 10 days after the date of delivery of possession Tenant’s termination notice, then this Lease shall terminate as of the 10th day after delivery of the termination notice, and continue for Landlord shall promptly return to Tenant any prepaid rent and/or Security Deposit delivered to Landlord. Notwithstanding the foregoing, if at any time during the construction period, Landlord reasonably believes that the Commencement Date will not occur on or before the Outside Date, Landlord shall have the right to notify Tenant in writing of such fact and of a period equal new Outside Date on or before which the Commencement Date will occur (the “New Outside Date”), and Tenant must elect within 10 days of delivery of such notice to either terminate this Lease or waive its right to terminate this Lease (provided the Commencement Date does occur on or prior to the New Outside Date established by Landlord in such notice to Tenant), Tenant’s failure to elect to terminate this Lease within such 10 day period during which shall be deemed Tenant’s waiver of its right to terminate this Lease as provided in this paragraph as to the Lessee would have otherwise enjoyed under the terms hereoforiginal Outside Date, but minus any days of delay caused not as to the New Outside Date established by the acts, changes or omissions of Lesseesaid notice.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, Date if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability liabilities therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or for perform any other obligation of Lessee under the of terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties of Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day perioddays, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force notice or effectaffect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days base of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefortherefore, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's ’s right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commencescommenced, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee. See Paragraph 49.g.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date 2 3 is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor Landlord cannot deliver possession of the Premises to Lessee Tenant by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor Landlord shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee Tenant hereunder, or extend the term hereof, but in such case, Lessee Tenant shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee Tenant under the terms of this Lease until Lessor Landlord delivers possession of the Premises to LesseeTenant. If possession of the Premises is not delivered to Lessee Tenant within sixty (60) days after the Commencement Date, Lessee Tenant may, at its option, by notice in writing to Lessor Landlord within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee Tenant is not received by Lessor Landlord within said ten (10) day period, LesseeTenant's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee Tenant when required by this Lease and Lessee Tenant does not terminate this Lease, as aforesaidforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee Tenant would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee Tenant would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of LesseeTenant.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability thereforU1erefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If if possession of the Premises is not delivered to Lessee within sixty ninety (6090) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty ninety (6090) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall shad terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee Lasses-, by the Early Possession Date, if one is specified in it Paragraph 1.4, or if it no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided provided, further, however, that if such written notice of Lessee is not received by Lessor lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If IF for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within with sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefortherefore, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; , provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's ’s right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be by obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided provided, further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateon said date and subject to paragraph 3.2.2, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, Lease or the obligations of Lessee hereunder, hereunder or extend the term hereof, ; but in such case, Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, except at may be otherwise provided in this Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered to Lessee possession of the Premises within sixty (60) days after the following said Commencement Date, as the same may be extended under the terms of a Work Letter executed by Lessor and lessee, Lessee may, at its Lessee's option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Leaselease, in which event the parties shall be discharged from all obligations hereunder; provided, however, that, as to Lessee's obligations, Lessee first reimburses Lessor for all costs incurred for Non-Standard Improvements and, as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Non-Standard Improvements); and provided further, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If Landlord, for any reason Lessor whatsoever, cannot deliver possession of the Premises to Lessee by Tenant in the Early Possession Date, if one is specified in Paragraph 1.4, condition required on or if no Early Possession Date is specified, by before the Estimated Commencement Date, Lessor this Lease shall not be subject to any liability therefor, void or voidable nor shall such failure affect the validity of this Lease, Landlord be liable to Tenant for any resulting loss or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall notdamage. However, except as otherwise provided hereinfor in subsection 2.2(i) above, Tenant shall not be obligated to pay rent or perform liable for any other obligation of Lessee under Rent (as defined in Section 3.1 below) and the terms of this Lease Commencement Date shall not occur until Lessor delivers possession of the Premises are Ready for Occupancy, except that if Landlord’s failure to Lessee. If make the Premises Ready for Occupancy by the Estimated Commencement Date is attributable to any Tenant Delay, then the Commencement Date shall not be advanced to the date on which possession of the Premises is not delivered tendered to Lessee within sixty Tenant, and Landlord shall be entitled to full performance by Tenant (60including the payment of Rent) from the date the Premises would have been Ready for Occupancy but for such Tenant Delays. Notwithstanding anything to the contrary contained in this Lease, if, for any reason other than a Tenant Delay or a Force Majeure Delay (but in no event more than ninety (90) days after of Force Majeure Delays), the Commencement DatePremises are not Ready for Occupancy by November 1, Lessee may2002, at its option, by notice in writing Tenant shall have the right to Lessor within ten (10) days after the end of said sixty (60) day period, cancel terminate this Lease, in which event case neither party shall have any further liability hereunder and Landlord promptly shall refund to Tenant all sums paid by Tenant to Landlord at the parties shall be discharged from all obligations hereunder; provided further, however, time that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate Tenant executed this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, . Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided provided, further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date. If, despite said efforts, Lessor is unable to deliver possession as agreed, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, . Lessee shall not, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers possession of the Premises to LesseePremises. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said such sixty (60) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if . If such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effectterminate. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession of the Premises is not tendered to Lessee when required by this Lease the Start Date and Lessee does not terminate this Lease, as aforesaid, the any period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes acts or omissions of Lessee. If possession of the Premises is not delivered within four (4) months after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee, in writing.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations obligation of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is delayed more than thirty (30) days other than pursuant to Paragraph 51 or 53, Lessor shall be liable to Lessee for a penalty of $2,000.00 for each day of delay. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodLessor, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as is may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, 1.4 or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date. If, despite said efforts, Lessor is unable to deliver possession as agreed, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, . Lessee shall not, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers it receives possession of the Premises to LesseePremises. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said such sixty (60) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if . If such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effectterminate. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease the Start Date and Lessee does not terminate this Lease, as aforesaid, the any period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes acts or omissions of Lessee. If possession of the Premises is not delivered four (4) months after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee in writing.

DELAY IN POSSESSION. If for any reason Lessor cannot Landlord shall be unable to deliver possession of the Premises to Lessee by Tenant on the Early Possession Date, if one is date specified in Paragraph 1.4for commencement of the term hereof (i) because an Occupancy Permit has not been procured, or (ii) because of the holding over or retention of possession of any tenant or occupant, or (iii) if no Early Possession Date is specifiedthe Tenant Improvements are not Substantially Completed, by or (iv) because of the Commencement Dateoperation of a “force majeure” event (as defined below), Lessor or (v) for any reason identified in Exhibit “F” attached hereto, or for any other reason, then in any such case Landlord shall not be subject to any liability thereforto Tenant. Under such circumstances, nor except as set forth in Paragraph 2 above and Exhibit “F” hereto relating to a “Tenant Delay”, the rent reserved and covenanted to be paid herein shall not commence until possession of the Premises is given or the Premises are available for occupancy by Tenant, and no such failure to give possession shall in any other respect affect the validity of this Lease or any obligation of the Tenant hereunder (except as to the date of commencement of accrual of rent). Notwithstanding anything to the contrary in this Lease, if Landlord fails to deliver possession of the Premises to Tenant with the Tenant Improvements Substantially Completed on or before the date which is 180 days after the date of this Lease (subject to a day-for-day extension for each day of Tenant Delay, if any, or the obligations occurrence of Lessee hereundera “force majeure” event) (the “Outside Completion Date”), or extend then, as Tenant’s sole and exclusive remedy, Tenant shall be entitled to an abatement of rent for the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation number of Lessee under days from the terms of this Lease Outside Completion Date until Lessor the date Landlord delivers possession of the Premises to Lessee. If possession of Tenant with the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of LesseeTenant Improvements Substantially Completed.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, however that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers I possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty Thirty (603O) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten two (102) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten two (102) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if [ILLEGIBLE] possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateon said date and subject to paragraph 3.2.2, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, Lease or the obligations of Lessee hereunder, hereunder or extend the term hereofthereof, but in such case, Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, except as may be otherwise provided in this Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered to Lessee possession of the Premises within sixty (60) days after the following said Commencement Date, as the same may be extended under the terms of a Work Letter executed by Lessor and Lessee, Lessee may, at its Lessee's option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided, however, that, as to Lessee's obligations, Lessee first reimburses Lessor for all costs incurred for Non-Standard Improvements and, as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Non-Standard Improvements); and provided further, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's ’s right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, . Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written written, notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefortherefore, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within with said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes charges or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date. If, despite said efforts , Lesser is unable to deliver possession as agreed, Lessor shall not be subject to any liability therefortherefore, nor shall such failure affect the validity of this Lease, lease or change the obligations of Lessee hereunder, or extend the term hereof, but in such case, Expiration Date. Lessee shall not, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers possession of the Premises to Lessee. If possession and any period of rent abatement that Lessee would otherwise have enjoyed shall run from date of the Premises delivery of possession and continue for a period equal to what Lessee would otherwise have enjoyed, but minus any days of delay caused by the acts or omissions of Lessee, if possession is not delivered to Lessee within sixty (60) 60 days after the Commencement Date, Lessee may, at may as its option, by notice in writing to Lessor within ten (10) 10 days after the end of said sixty (60) such 60 day period, cancel this the Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if . If such written notice of Lessee is not received by Lessor within said ten (10) 10 day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effectterminate. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease the Start Date and Lessee does not terminate this Lease, as aforesaid___________, the any period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of or possession and continue for a period equal to the period during which what the Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes acts or omissions of Lessee. If possession of the premises is not delivered within 4 months after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee in writing.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor ▇▇▇▇▇▇ delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of Lessee by ▇▇▇▇▇▇ is not received by Lessor ▇▇▇▇▇▇ within said ten (10) day period, Lessee▇▇▇▇▇▇'s right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateon said date and subject to paragraph 3.2.2, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, Lease or the obligations of Lessee hereunder, here under or extend the term hereof; but, but in such case, Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, except as may be otherwise provided in this Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered to Lessee possession of the Premises within sixty (60) days after the following said Commencement Date, as the same may be extended under the terms of a Work Letter executed by Lessor and Lessee, Lessee may, at its Lessee's option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided, however, that as to Lessee's obligations, Lessee first reimburses Lessor for all costs incurred for Non-Standard improvements and, as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Non-Standard improvements); and provided further, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty thirty (6030) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty thirty (6030) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date. If, despite said efforts, Lessor is unable to deliver possession as agreed, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, . Lessee shall not, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers it receives possession of the Premises to LesseePremises. If possession of the Premises is not delivered to Lessee within sixty thirty (6030) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty such thirty (6030) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if . If such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effectterminate. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease the Start Date and Lessee does not terminate this Lease, as aforesaid, the any period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes acts or omissions of Lessee. If possession of the Premises is not delivered within four (4) months after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee, in writing.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) 60 days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said such sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of Initials _____ 4 possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateon said date and subject to paragraph 3.2.2, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, Lease or the obligations of Lessee hereunder, hereunder or extend the term hereof, ; but in such case, Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, except as may be otherwise provided in this Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered to Lessee possession of the Premises within sixty (60) days after the following said Commencement Date, as the same may be extended under the terms of a Work Letter executed by Lessor and Lessee, Lessee may, at its Lessee's option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties shall will be discharged from all obligations hereunder; provided, however, that, as to Lessee's obligations, Lessee first reimburses Lessor for all costs incurred for Non-Standard Improvements and, as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Non-Standard Improvements); and provided further, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date. As used herein, the phrase "deliver possession" shall mean and refer to the delivery of the building shell of the Premises as it exists as of the date of execution hereof. If, despite said efforts, Lessor is unable to deliver possession as agreed, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, . Lessee shall not, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers it receives possession of the Premises to LesseePremises. If possession of the Premises is not delivered to Lessee within sixty thirty (6030) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty such thirty (6030) day period, cancel this Lease, in which event the parties Parties shall be discharged from all further obligations hereunder; provided further, however, that if and Lessor shall refund Lessee's deposits hereunder. If such written notice of Lessee is not received by Lessor within said ten (10) day period, . Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effectterminate. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease the Start Date and Lessee does not terminate this Lease, as aforesaid, the any period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes acts or omissions of Lessee. If possession of the Premises is not delivered within four (4) months after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee, in writing.

DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver access to and possession of the Premises to Lessee by the Early Possession DateLessee, if one is specified in Paragraph 1.4, or if no Early Possession Date is specifiedWITH LESSOR’S WORK COMPLETED, by the Commencement Date. If, despite said efforts, Lessor is unable to deliver possession as agreed, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, Lease or change the obligations of Lessee hereunder, or extend the term hereof, but in such case, Expiration Date. Lessee shall not, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers possession of the Premises and any period of rent abatement that Lessee would otherwise have enjoyed shall run from the date of the delivery of possession and continue for a period equal to what Lessee would otherwise have enjoyed, but minus any days of delay caused by the acts or omissions of Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) 60 days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) 10 days after the end of such 60 day period: (i) elect to receive an additional abatement of Rent equal to one day for each day of delay beyond said sixty (60) -day period, or (ii) cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if . If such written notice of Lessee is not received by Lessor within said ten (10) 10 day period, Lessee's ’s right to cancel this Lease hereunder shall terminate and be of no further force or effectterminate. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease the Start Date and Lessee does not terminate this Lease, as aforesaid, the any period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes acts or omissions of Lessee. If access to and initial possession of the Premises is not delivered within 4 months after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee, in writing (and upon such termination, all advance Rent and Security Deposit funds deposited by Lessee shall be refunded to Lessee).

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, . Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If Notwithstanding said commencement date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateon said date and subject to paragraph 3.2.2, Lessor shall not be subject to any liability therefortherefore, nor shall such failure affect the validity of this Lease, (his Lease or the obligations of Lessee hereunder, hereunder or extend the term hereof; but, but in such case, Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation of Lessee under the terms of the Lease, except as may be otherwise provided in this Lease Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered to Lessee possession of the Premises within sixty (60) days after the following said Commencement Date, Lessee may, at its as the same may be extended under the terms of a Work Letter executed by Lessor and Lessee's option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided, however, that, as to Lessee's obligations, Lessee first reimburses Lessor for all costs incurred for Non-Standard Improvements and, as to Lessor's obligations. Lessor shall return any money previously deposited by Lessee (less any offsets Lessor for Non-Standard improvements); and provided further, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall shell terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, . Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises Promises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, Lease in which event the parties shall be discharged from all obligations hereunder; provided further, further however, that if it such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Should the Lessor cannot deliver possession of fail to turn over the Premises in Substantially Complete condition by July 1, 1998, the Lessee shall be granted one (1) day of base rent and Common Area Operating Expense abatement, collectively as "Penalty Free Rent", for each one (1) day of INITIALS: KEO ----- SD Page 2 of 9 ----- First Lease Addendum - May 1, 1998 Lessor's delay beyond July 1, 1998. The Penalty Free Rent will be in addition to the abated rent already granted the Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of under this Lease. Should Lessor's delays exceed September 1, or 1998, the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated have the right to pay rent or perform any other obligation of terminate the Lease without penalty. Should Lessee under elect to terminate the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event it shall give the parties shall be discharged from all obligations hereunder; provided further, however, that if such written Lessor notice of Lessee is not received its intent to do so by Lessor within said ten (10) day periodno later than August 25, 1998. Lessee's failure to give notice forfeits the right to cancel the Lease under this Lease hereunder shall terminate provision and be of no further force or effectabatement will continue until the Lessor delivers the Premises as agreed. Except as may be otherwise providedLessor's obligation to deliver the Premises by July 1, 1998, and regardless therefore the Lessee's ability to enforce the provisions of when this Paragraph 55, are subject to the Original Term actually commences, if possession conditions and terms further defined in Paragraph 50 of this Addendum. If the Lease is not tendered to ratified and executed by May 1, 1998, then all the dates of this provision will be adjusted accordingly and set forth in a "SECOND LEASE ADDENDUM". Lessee when required by will not have the rights set forth in this Lease and Lessee does not terminate this Lease, as aforesaid, the period free Paragraph 55 should delays occur for any of the obligation to pay Base Rentfollowing reasons: (a) acts of God or "force ▇▇▇▇▇▇" which cause delays in the construction or approval process, if any, that Lessee would otherwise have enjoyed shall run from (b) delays in the date of delivery of possession and continue for a period equal local government approval processes which are not due to the period during Lessor's negligence or that of its contractor, (c) Lessee's failure to deliver to the Lessor in timely manner, and within mutually agreed upon deadlines set forth in EXHIBIT D-3, it's approved specifications and Tenant Improvement plans, (d) Lessee failure to respond in a timely manner throughout the design and construction process to matters which effect Lessor's ability to deliver the Lessee would have otherwise enjoyed under Premises as agreed and within the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lesseetime agreed.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.. See Addendum #61

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty thirty (6030) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the to what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateon said date and subject to paragraph 3.2.2, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, Lease or the obligations of Lessee hereunder, hereunder or extend the term hereof; but, but in such case, Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, except as may be otherwise provided in this Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered to Lessee possession of the Premises within sixty (60) days after the following said Commencement Date, as the same may be extended under the terms of a Work Letter executed by Lessor and Lessee, Lessee may, at its Lessee's option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided, however, that, as to Lessee's obligations, Lessee first reimburses Lessor for all costs incurred for Non-Standard Improvements and, as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Non-Standard Improvements); and provided further, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Date Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this LeaseLeas, or the obligations of the Lessee hereunder, or extend the term hereof, but in such case, case Lessee shall notnot , except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, . Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateon said date and subject to paragraph 3.2.2, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, Lease or the obligations of Lessee hereunder, hereunder or extend the term hereof; but, but in such case, Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, except as may be otherwise provided in this Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered to Lessee possession of the Premises within sixty (60) days after the following said Commencement Date, as the same may be extended under the terms of a Work Letter executed by Lessor and Lessee, Lessee may, at its Lessee's said Commencement Date, as the same may be extended under the terms of a Work Letter by Lessor and Lessee, Lessee may, at Lessee's ** All square footages are approximate and have been measured by the Lessee prior to the execution of this Lease. *** Notwithstanding this provision, it is reasonable to expect that in the event other occupants or Lessee's of the building violate the rules and regulations of the building in a manner which interferes with Lessee's use and quiet enjoyment of the Premises, Lessor, following notice of such fact by Lessee, shall use reasonable efforts to cause such Lessees or occupants to comply with such rules and regulations. option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided, however, that, as to Lessee's obligations, Lessee first reimburses Lessor for all costs incurred for Non-Standard Improvements and, as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Non-Standard Improvements); and provided further, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If Notwithstanding the Anticipated Commencement Date, if for any reason Lessor Landlord cannot deliver possession of the Premises to Lessee by Tenant with the Early Possession Date, if one Tenant Improvements "substantially completed" (as such term is specified defined in Paragraph 1.44(a)(iii) above) and ready for Tenant to commence the installation of its trade fixtures and Tenant's Personal Property, on or if no Early Possession Date is specifiedbefore said date, by the Commencement Date, Lessor Landlord shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, Lease or the obligations of Lessee Tenant hereunder, or extend the term hereof, but in such case, Lessee Tenant shall not, except as otherwise provided herein, not be obligated to pay rent Monthly Rent or perform any items of Additional Rent other obligation of Lessee under the terms of this Lease than as provided in Paragraph 4(b) above, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Tenant as provided hereinabove; provided, however, if Landlord shall not have delivered to Lessee possession of the Premises as provided hereinabove within sixty one hundred twenty (60120) days after following the Anticipated Commencement DateDate plus periods occurring as a result of delays caused in whole or in part by Tenant or any delays which are beyond Landlord's, Lessee reasonable control, including but not limited to, inclement weather, delays due to strikes, acts of God, inability to obtain labor or materials, inability to secure governmental approvals or permits, governmental restrictions, civil commotion, fire or similar causes, Tenant may, at its option, by notice in writing given to Lessor Landlord within ten fifteen (1015) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee Tenant is not received by Lessor given to Landlord within said ten fifteen (1015) day period, LesseeTenant's right rights to cancel the Lease under this Lease hereunder Paragraph 4(c) shall terminate and be of on no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability thereforthereof, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commencescommenced, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date. If, despite said efforts, Lessor is unable to deliver possession as agreed, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, . Lessee shall not, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers it receives possession of the Premises to LesseePremises. If possession of the Premises Early Possession is not delivered to Lessee within sixty (60) days after the Commencement Dateon or before October 15, Lessee 1999, either party may, at its option, by notice in writing to Lessor the other party within ten (10) days after the end of said such sixty (60) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if . If such written notice of is being delivered by Lessee and is not received by Lessor within said ten (10) day period, Lessee's ’s right to cancel this Lease hereunder shall terminate and be of no further force or effectterminate. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease the Start Date and Lessee does not terminate this Lease, as aforesaid, the any period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes acts or omissions of Lessee. If the delay is caused solely by the acts or omissions of Lessor, then only Lessee shall have the option to terminate. If possession of the Premises is not delivered within four (4) months after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee, in writing.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. Lessee- If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee. As modified by the Addendum.

DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date. If, despite said efforts, Lessor is unable to deliver possession as agreed, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, . Lessee shall not, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers it receives possession of the Premises to LesseePremises. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee maymay , at its option, by notice in writing to Lessor within ten (10) days after the end of said such sixty (60) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if . If such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effectterminate. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease the Start Date and Lessee does not terminate this Lease, as aforesaid, the any period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the INITIALS: ___________ __________ terms hereof, but minus any days of delay caused by the acts, changes or acts of omissions of Lessee. If possession of the Premises is not delivered within four (4) months after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee, in writing.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, 1.4 or if no Early Possession Date is specified, by the Commencement Commence Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided hereinHerein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, . Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date day of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.. (See paragraph 52.2)

DELAY IN POSSESSION. If for any reason Lessor beyond its control, cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Date Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effectaffect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if it possession is not tendered to Lessee when required by this Lease and And Lessee does not terminate this Lease, . as aforesaid, the period free of the obligation to pay Base Rent, if it any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not net received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity validly of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee Lassos shall not, not except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If It possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If It for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to lo Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and arid be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but bit minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession Possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession Possession of the Premises to Lessee. If possession Possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement DateDate April 1, 1998, providing Lessor has received working drawings signed by Lessee no later than January 30, 1998, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession Possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession Possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateon said date and subject to paragraph 3.2.2, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, Lease or the obligations of Lessee hereunder, hereunder or extend the term hereof; but, but in such case, Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, except as may be otherwise provided in this Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered to Lessee possession other Premises within sixty (60) days after the following said Commencement Date, as the same may be extended under the terms of a Work Letter executed by Lessor and Lessee, Lessee may, at its Lessee's Initials: AGS --- SS --- -C- 1984 American Industrial Real Estate Association FULL SERVICE-GROSS option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, provided, however, that, as to Lessee's obligations, Lessee first reimburses Lessor for all costs incurred for Non-Standard Improvements and, as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Non-Standard Improvements) and provided further that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, . Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of on the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions omission of Lessee.

DELAY IN POSSESSION. If Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateon said date and subject to paragraph 3.2.2, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, Lease or the obligations of Lessee hereunder, hereunder or extend the term hereof, ; but in such case, Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, except as may be otherwise provided in this Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered to Lessee possession of the Premises within sixty (60) days after the following said Commencement Date, as the same may be extended under the terms of a Work Letter executed by Lessor and Lessee, Lessee may, at its Lessee's option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided, however, that, as to Lessee's obligations, Lessee first reimburses Lessor for all costs incurred for Non-Standard Improvements and, as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Non-Standard Improvements); and provided further, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If Lessee [4A] if possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten thirty (1030) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunderhereunder [4B]; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten thirty (1030) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason reasons Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.41.4 or, or if no Early Possession Date is specified, specified by the Commencement Date, Lessor shall not be subject to any liability therefor, therefor nor shall such failure affect the validity of this Lease, Lease or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If Lessee if possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after at any time prior to the end date Lessor delivers possession of said sixty (60) day periodthe Premises to Lessee in the condition required hereunder, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) 10 day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateon said date and subject to paragraph 3.2.2, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, Lease or the obligations of Lessee hereunder, hereunder or extend the term hereof, ; but in such case, Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation of Lessee under the terms Terms of this Lease, except as may be otherwise provided in this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered to Lessee possession of the Premises within sixty thirty (6030) days after the following aid Commencement Date, as the same may be extended under the terms of a Work Letter executed by Lessor and Lessee, Lessee may, at its Lessee's option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided, however, that, as to Lessee's obligations, Lessee first reimburse Lessor for all costs incurred for Non-Standard Improvements and, as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Non-Standard Improve-ment); and provided further, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day days period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or and effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Not applicable. Lessee acknowledges receipt and acceptance of possession of the Premises as of April 1, 2009. Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date. If, despite said efforts, Lessor is unable to deliver possession as agreed, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, Lease or change the obligations of Lessee hereunder, or extend the term hereof, but in such case, Expiration Date. Lessee shall not, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers possession of the Premises and any period of rent abatement that Lessee would otherwise have enjoyed shall run from the date of the delivery of possession and continue for a period equal to what Lessee would otherwise have enjoyed, but minus any days of delay caused by the acts or omissions of Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) 60 days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) 10 days after the end of said sixty (60) such 60 day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if . If such written notice of Lessee is not received by Lessor within said ten (10) 10 day period, Lessee's ’s right to cancel this Lease hereunder shall terminate and be of no further force or effectterminate. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease the Start Date and Lessee does not terminate this Lease, as aforesaid, the any period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes acts or omissions of Lessee. If possession of the Premises is not delivered within 4 months after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee, in writing.

DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date. If, despite said efforts, Lessor is unable to deliver possession by such date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, . Lessee shall not, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers it receives possession of the Premises and any period of rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continued for a period equal to what Lessee would otherwise have enjoyed under the terms hereof, but minus any days of delay caused by the acts or omissions of Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said such sixty (60) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if . If such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effectterminate. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease the Start Date and Lessee does not terminate this Lease, as aforesaid, the period free terminate. If possession of the obligation to pay Base RentPremises is not delivered within 120 days after the Commencement Date, if anythis Lease shall terminate unless other agreements are reached between Lessor and Lessee, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lesseein writing.

DELAY IN POSSESSION. If Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateon said date and subject to paragraph 3.2.2, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, the Lease or the obligations of Lessee hereunder, hereunder or extend the term hereof; but, but in such case, Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, except as may be otherwise provided in this Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered to Lessee possession of the Premises within sixty (60) days after the following said Commencement Date, as the same may be extended under the terms of a Work Letter executed by Lessor and Lessee, Lessee may, at its Lessee's option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in . In which event the parties shall be discharged from all obligations hereunder; provided, however, that, as to Lessee's obligations, Lessee first reimburses Lessor for all costs incurred for improvements and, as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Improvements); and provided further, however, that if such written notice of by Lessee is not received by Lessor within said ten the (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee case Lessor shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes change or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers ["d________s" - word(s) not readable due to hole punched in page] possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after alter the Commencement Date, . Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.. See Addendum P. 3.3

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty thirty (6030) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty thirty (6030) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, . Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period padded free of the obligation to pay Base Rent, if any, that Lessee would have otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for Landlord agrees to use its best reasonable efforts to complete the work described in Section 5.1 and Exhibit C promptly, diligently and within the respective time periods set forth in the estimated construction schedule attached hereto as Exhibit D and incorporated herein by this reference, as such schedule may be modified from time to time by mutual agreement of Landlord and Tenant, and subject to the effects of any reason Lessor candelays caused by or attributable to Tenant or any other circumstances beyond Landlord's reasonable control (excluding any financial inability); provided, however, that except to the extent caused by a material default by Landlord of its obligations set forth in this Lease (including, but not deliver possession of the Premises to Lessee by the Early Possession Datelimited to, if one is specified its obligations set forth in Paragraph 1.4this Section 2.3 and in Section 5.1 and Exhibit C), or if no Early Possession Date is specified, by the Commencement Date, Lessor Landlord shall not be subject to liable for any liability therefordamages caused by any delay in the completion of such work, nor shall any such failure delay affect the validity of this Lease, Lease or the obligations of Lessee Tenant hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform . Notwithstanding any other obligation of Lessee under the terms provisions of this Lease until Lessor delivers Section 2.3, however, if Landlord fails to deliver the Structural Completion Certificate and tender possession of the Premises completed structural portions of the Building Shell (i.e., those portions required to Lessee. If be completed as a condition of delivery of the Structural Completion Certificate) to Tenant by the date which is [...*...] after the date of this Lease, then Tenant shall have the right to terminate this Lease without further liability hereunder by written notice delivered to Landlord at any time prior to Landlord's delivery of the Structural Completion Certificate and tender of possession of the Premises is not delivered completed structural portions of the Building Shell to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunderTenant; provided furtherprovided, however, that if such written notice of Lessee is not received by Lessor within said ten (10) the [...*...] period set forth in this sentence shall be extended, day periodfor day, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which length of any delays in Landlord's design and construction of the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay Building Shell that are caused by any material default by Tenant in the actsperformance of its obligations under this Lease, including (but not limited to) any failure of Tenant to make prompt and timely delivery to Landlord of all information reasonably necessary for Landlord to complete the preparation of all drawings, --------------------------- *CONFIDENTIAL TREATMENT REQUESTED 4 designs and specifications for the Building Shell and/or any failure of Tenant to respond in a prompt and timely manner to any requests by Landlord or its architect for approval of drawings, designs, specifications, changes or omissions other matters requiring Tenant's review or approval under the provisions of Lessee.Exhibit C.

DELAY IN POSSESSION. If for any an reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day days period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, . Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, . Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateon said date and subject to paragraph 3.2(b), Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, Lease or the obligations of Lessee hereunder, hereunder or extend the term hereof; but, but in such case, Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, except as may be otherwise provided in this Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered to Lessee possession of the Premises within sixty (60) days after the following said Commencement Date, as the same may be extended under the terms of a Work Letter executed by Lessor and Lessee, Lessee may, at its option, Lessee’s option by notice in writing to Lessor Lessor, within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder, provided however that as to Lessee’s obligations, Lessee first reimburses Lessor for all costs incurred for Non-Standard improvements and as to Lessor’s obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Non-Standard Improvements); and provided further, however, further that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's ’s right to cancel this Lease hereunder shall terminate and be of no further force or and effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateon said date and subject to paragraph 3.2.2, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, Lease or the obligations of Lessee hereunder, hereunder or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, except as may be otherwise provided in this Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Lessee, as hereinafter defined, provided, however, that if Lessor shall not have delivered to Lessee possession of the Premises within sixty (60) days after the following said Commencement Date, as the same may be extended under the terms of a Work Letter executed by Lessor and Lessee. Lessee may, at its Lessee's option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, thereafter cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; hereunder provided, however, that as to Lessee's obligations, Lessee first reimburses Lessor for all costs incurred for Non-Standard Improvements and, as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Non-Standard Improvement, and provided further, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) 10 days after the end of said sixty (60) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Leaselease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) 60 days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said such sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day Initials _____ 4 period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this the Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, not except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; , provided further, however, however that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession INDUSTRIAL/COMMERCIAL MULTI-TENANT LEASE--GROSS 2 and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days day of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateon said date and subject to paragraph 3.2.2, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or Lease of the obligations of Lessee hereunder, hereunder or extend the term hereofthereof; but, but in such case, Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, except as may be otherwise provided int his Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered to Lessee possession of the Premises within sixty (60) days after following said commencement Date, as the Commencement Datesame may be extended under the terms of a Work Letter executed by Lessor and Lessee, Lessee may, at its Lessee's option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties shall be discharged from form all obligations operations hereunder; provided, however, that, as to Lessee's obligations, Lessee first reimburses Lessor for all costs incurred for Non-Standard Improvements and, as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Non-Standard Improvements); and provided further, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in on said date and subject to Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date3.2.2, Lessor shall not be subject to any liability therefortherefore, nor shall such failure affect the validity of this Lease, Lease or the obligations of Lessee hereunder, hereunder or extend the term hereof; but, but in such case, Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, except as may be otherwise provided in this Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered to Lessee possession of the Premises within sixty (60) days after the following said Commencement Date, as the same may be extended under the terms of the Work Letter (as defined below) executed by Lessor and Lessee, Lessee may, may at its Lessee's option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, thereafter cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided, however, that, as to Lessee's obligations, Lessee first reimburses Lessor for all costs incurred for non-standard improvements and, as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for non-standard improvements); and provided further, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, specified by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or of effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateon said date and subject to paragraph 3.3.2, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, Lease or the obligations of Lessee hereunder, hereunder or extend the term hereof; but, but in such case, Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, except as may be otherwise provided in this Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered to Lessee possession of the Premises within sixty ninety (6090) days after the following said Commencement Date, as the same may be extended under the terms of a Work Letter executed by Lessor and Lessee, Lessee may, at its Lessee's option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided, however, that as to Lessee's obligations, Lessee first reimburses Lessor for all costs incurred for Non-Standard improvements and, as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Non-Standard improvements); and provided further, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

DELAY IN POSSESSION. If Landlord, for any reason Lessor whatsoever, cannot deliver possession of the Premises to Lessee by Tenant on or before the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Estimated Commencement Date, Lessor this Lease shall not be subject to any liability therefor, void or voidable nor shall such failure affect Landlord be liable to Tenant for any resulting loss or damage. However, Tenant shall not be liable for any rent and the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee Commencement Date shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease not occur until Lessor Landlord delivers possession of the Premises and the Premises are in fact available for Tenant's occupancy with any Tenant Improvements that have been approved as per Section 3.1(a) above, except that if Landlord's failure to Lessee. If so deliver possession on the Estimated Commencement Date is attributable to any "Tenant Delay" as defined in the Work Letter attached to this Lease, then the Commencement Date shall not be advanced to the date on which possession of the Premises is tendered to Tenant, and Landlord shall be entitled to full performance by Tenant (including the payment of rent) from the date Landlord would have been able to deliver the Premises to Tenant but for Tenant's delay(s). Notwithstanding anything to the contrary contained in this Section 3.2, if for any reason other than Tenant Delays or other matters beyond Landlord's reasonable control, the actual Commencement Date has not delivered to Lessee within sixty occurred by the date that is one hundred fifty (60150) days after following the Estimated Commencement Date, then Tenant may, by written notice to Landlord given at any time thereafter but prior to the actual occurrence of the Commencement Date, Lessee mayelect to terminate this Lease. Notwithstanding the foregoing, if at its optionany time during the construction period, by notice Landlord reasonably believes that the Commencement Date will not occur on or before one-hundred fifty (150) days following the Estimated Commencement Date, Landlord may notify Tenant in writing to Lessor of such fact and of a new outside date on or before which the Commencement Date will occur, and Tenant must elect within ten (10) days after of receipt of such notice to either terminate this Lease or waive its right to terminate this Lease provided the end of said sixty (60) day period, cancel Commencement Date occurs on or prior to the new outside date established by Landlord in such notice to Tenant. Tenant's failure to elect to terminate this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if Lease within such written notice of Lessee is not received by Lessor within said ten (10) day period, Lesseeperiod shall be deemed Tenant's waiver of its right to cancel terminate this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by provided in this Lease and Lessee does not terminate this Lease, paragraph as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereofprevious outside date, but minus any days of delay caused not as to the new outside date established by the acts, changes or omissions of Lesseesaid notice.