Common use of DELAY IN POSSESSION Clause in Contracts

DELAY IN POSSESSION. If Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date in accordance with the requirements set forth in Paragraph 19.12 of this Lease, such failure shall not affect the validity of this Lease, extend its Term, or render Landlord liable for any resulting damage, but Tenant shall not be obligated to pay rent or any other charge under this lease until Landlord tenders possession. If Landlord cannot deliver possession within 120 DAYS of the Commencement Date, Tenant 2 may terminate this Lease on written notice to Landlord. In such event, Tenant shall no further recourse against Landlord respecting the Lease. However, in the event that Landlord is unable to deliver possession of the Premises to Tenant within ninety (90) days of the Commencement Date, Tenant shall be entitled to offset the amount of $833.00 per day against the rent due to Landlord from Tenant for those other Premises at Building A at 1001 West Cutting covered by that certain Lease between Landlord and Tenant dated April 1996, for each day past the ninetieth day after the Commencement Date that the Premises are not delivered to Tenant in completed condition. Notwithstanding any other provision of this Lease, Landlord shall have no obligation to pay any damages or adjustment to Tenant as a result of delays caused by matters outside of Landlord's control, including, without limitation, Tenant's conduct, acts of God, acts of war, inclement weather and/or labor strikes (including strikes affecting the supply of labor and/or materials).

DELAY IN POSSESSION. If Notwithstanding the estimated Commencement Date specified in section 1.9, if for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date in accordance with the requirements set forth in Paragraph 19.12 of this Leasesaid date, Landlord shall not be subject to any liability therefore, nor shall such failure shall not affect the validity of this LeaseLease or the obligations of Tenant hereunder; provided, extend its Termhowever, or render Landlord liable for any resulting damagein such a case, but Tenant shall not be obligated to pay rent or perform any other charge obligation of Tenant under this lease Lease, except as may be otherwise provided in this Lease, until Landlord tenders possessionpossession of the Premises is tendered to Tenant, as defined in section 3.4. If Landlord canshall not deliver possession within 120 DAYS of the Commencement Date, Tenant 2 may terminate this Lease on written notice to Landlord. In such event, Tenant shall no further recourse against Landlord respecting the Lease. However, in the event that Landlord is unable to deliver have tendered possession of the Premises to Tenant within ninety (90) days following the estimated Commencement Date specified in section 1.9, as the same may be adjusted in accordance with section 3.3 or in accordance with the terms of any work letter agreement entered into by Landlord and Tenant, Tenant may, at Tenant’s option, by notice in writing to Landlord within ten (10) days after the expiration of the Commencement Dateninety (90) day period, terminate this Lease. If Tenant terminates this Lease as provided in the preceding sentence, the parties shall be discharged from all obligations hereunder, except that Landlord shall return any money previously deposited with Landlord by Tenant; and provided further, that if such written notice by Tenant is not received by Landlord within said ten (10) day period, Tenant shall not have the right to terminate this Lease as provided above unless Landlord fails to tender possession of the Premises to Tenant within one hundred eighty (180) days following the estimated Commencement Date specified in section 1.9, as the same may be entitled to offset adjusted in accordance with section 3.3 or in accordance with the amount terms of $833.00 per day against the rent due to Landlord from Tenant for those other Premises at Building A at 1001 West Cutting covered any work letter agreement entered into by that certain Lease between Landlord and Tenant. If Landlord is unable to deliver possession of the Premises to Tenant dated April 1996, for each day past the ninetieth day after on the Commencement Date that due to a “Force Majeure Event,” the Premises are not delivered to Tenant in completed condition. Notwithstanding any other provision Commencement Date shall be extended by the period of this Lease, Landlord shall have no obligation to pay any damages or adjustment to Tenant as a result of delays the delay caused by matters outside of Landlord's controlthe Force Majeure Event. A Force Majeure Event shall mean fire, includingearthquake, without limitation, Tenant's conduct, weather delays or other acts of God, acts of strikes, boycotts, war, inclement weather and/or riot, insurrection, embargoes, shortages of equipment, labor strikes or materials, delays in issuance of governmental permits or approvals, or any other cause (including strikes affecting except financial) beyond the supply reasonable control of labor and/or materials)Landlord.

DELAY IN POSSESSION. If for any reason, Landlord cannot deliver possession of the Premises to Tenant with the Tenant Improvements substantially completed on or before the Anticipated Commencement Date, Tenant shall not be obligated to pay Monthly Rent or Additional Rent other than as provided in Section 3.3 and Section 3.5 until the Commencement Date in accordance with has occurred. If the requirements set forth in Paragraph 19.12 Commencement Date has not occurred within one hundred eighty (180) days following the date of this Lease (increased by any period of Tenant Delay), Tenant at its option, by written notice to Landlord within one hundred ninety (190) days following the date of this Lease (increased by any periods of Tenant Delay), may terminate this Lease, in which event the parties shall be discharged from all further obligations accruing under this Lease. If the Commencement Date has not occurred within one hundred eighty (180) days following the Anticipated Commencement Date (plus periods attributable to delays by Landlord or Unavoidable Delay), Landlord may, at its option, by written notice to Tenant at any time prior to the Commencement Date, terminate this Lease, in which event the parties shall be discharged from all further obligations accruing hereunder. If for any reason delivery of possession of the Premises to Tenant is delayed, Landlord shall not be subject to any liability therefore, such failure shall not affect the validity of this Lease, extend its Term, Lease or render Landlord liable the obligations of Tenant hereunder and Tenant's remedies for any resulting damage, but Tenant shall not be obligated to pay rent or any other charge under this lease until Landlord tenders possession. If Landlord cannot deliver possession within 120 DAYS of the Commencement Date, Tenant 2 may terminate this Lease on written notice to Landlord. In such event, Tenant shall no further recourse against Landlord respecting the Lease. However, in the event that Landlord is unable to deliver possession of the Premises to Tenant within ninety (90) days of the Commencement Date, Tenant delay shall be entitled limited to offset the amount of $833.00 per day against the rent due to Landlord from Tenant for those other Premises at Building A at 1001 West Cutting covered by that certain Lease between Landlord and Tenant dated April 1996, for each day past the ninetieth day after the Commencement Date that the Premises are not delivered to Tenant set forth in completed condition. Notwithstanding any other provision of this Lease, Landlord shall have no obligation to pay any damages or adjustment to Tenant as a result of delays caused by matters outside of Landlord's control, including, without limitation, Tenant's conduct, acts of God, acts of war, inclement weather and/or labor strikes (including strikes affecting the supply of labor and/or materials)Section 3.

DELAY IN POSSESSION. If Except in the event of willful acts of Landlord, its agents or employees, or for causes within the reasonable control of Landlord, notwithstanding said Commencement Date, if for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date in accordance with the requirements set forth in Paragraph 19.12 of this Leasesaid date and subject to paragraph 3.2.2, Landlord shall not be subject to any liability therefor, nor shall such failure shall not affect the validity of this LeaseLease or the obligations of Tenant hereunder or extend the term hereof; but, extend its Termin such case, or render Landlord liable for any resulting damage, but Tenant shall not be obligated to pay rent or perform any other charge obligation of Tenant under the terms of this lease Lease, except as may be otherwise provided in this Lease, until Landlord tenders possession. If Landlord cannot deliver possession within 120 DAYS of the Commencement Date, Tenant 2 may terminate this Lease on written notice to Landlord. In such event, Tenant shall no further recourse against Landlord respecting the Lease. However, in the event that Landlord is unable to deliver possession of the Premises is tendered to Tenant Tenant, as hereinafter defined; provided, however, that if Landlord shall not have delivered possession of the Premises within ninety (90) days of the following said Commencement Date, as the same may be extended under the terms of a Work Letter executed by Landlord and Tenant, Tenant shall be entitled to offset the amount of $833.00 per day against the rent due may, at Tenant's option, by notice in writing to Landlord from Tenant for those other Premises at Building A at 1001 West Cutting covered by that certain Lease between Landlord and Tenant dated April 1996, for each day past the ninetieth day after the Commencement Date that the Premises are not delivered to Tenant in completed condition. Notwithstanding any other provision of within ten (10) days thereafter cancel this Lease, in which event the parties shall be discharged from all obligations hereunder: provided, however, that, as to Tenant's obligations, Tenant first reimburses Landlord for all costs incurred for Non-Standard improvements and as to Landlord's obligations, Landlord shall have no obligation to pay return any damages or adjustment to money previously deposited by Tenant as a result of delays caused (less any offsets due Landlord for Non-Standard Improvements): and provided further, that if such written notice by matters outside of Landlord's control, including, without limitationTenant is not received by Landlord within said ten (10) day period, Tenant's conduct, acts right to cancel this Lease hereunder shall terminate and be of God, acts of war, inclement weather and/or labor strikes (including strikes affecting the supply of labor and/or materials)no further force or effect.

DELAY IN POSSESSION. If Landlord Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Tenant Lessee on the Commencement Date in accordance with the requirements set forth in Paragraph 19.12 of this Leasesaid date and subject to paragraph 3.2.2, Lessor shall not be subject to any liability therefor, nor shall such failure shall not affect the validity of this LeaseLease or the obligations of Lessee hereunder or extend the term hereof; but in such case, extend its Term, or render Landlord liable for any resulting damage, but Tenant Lessee shall not be obligated deligated to pay rent or to perform any other charge obligation of Lessee under the terms of this lease Lease, except as may be otherwise provided in this Lease, until Landlord tenders possession. If Landlord cannot deliver possession within 120 DAYS of the Commencement Date, Tenant 2 may terminate this Lease on written notice to Landlord. In such event, Tenant shall no further recourse against Landlord respecting the Lease. However, in the event that Landlord is unable to deliver possession of the Premises is tendered to Tenant Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered possession of the Premises within ninety sixty (9060) days of the following said Commencement Date, Tenant as the same may be extended under the terms of a Work Letter executed by Lessor and Lessee, Lessee may, at Lessee's option, by notice in writing to Lessor within ten (10) business days thereafter, cancel this Lease, in which event the parties shall be entitled discharged from all obligations hereunder; provided, however, that, as of Lessee's obligations, Lessee first reimburses Lessor for all costs incurred for Non-Standard Improvements and, as of 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 by Lessee is not received by Lessor within said ten (10) business day period, Lessee's right to offset cancel this Lease hereunder shall terminate and be of no further force to effect. See Paragraph 52 To be credited towards Base Rent for the amount of $833.00 per day against the rent due to Landlord from Tenant for those other Premises at Building A at 1001 West Cutting covered by that certain Lease between Landlord and Tenant dated April 1996, for each day past the ninetieth day first month after the Commencement Date that with the Premises are not delivered remainder to Tenant in completed condition. Notwithstanding any other provision of this Lease, Landlord shall have no obligation to pay any damages or adjustment to Tenant as a result of delays caused by matters outside of Landlord's control, including, without limitation, Tenant's conduct, acts of God, acts of war, inclement weather and/or labor strikes (including strikes affecting be credited towards Base Rent after the supply of labor and/or materialsRent Credit per Exhibit C Paragraph 3(d).

DELAY IN POSSESSION. If Landlord Landlord, for any reason whatsoever, cannot deliver possession of the Premises to Tenant on or before the Estimated Commencement Date in accordance with the requirements set forth in Paragraph 19.12 Item 4 of the Basic Lease Provisions, this Lease, such failure Lease shall not affect the validity of this Lease, extend its Term, be void or render voidable nor shall Landlord be liable to Tenant for any resulting loss or damage. However, but Tenant shall not be obligated liable for any rent until the Commencement Date occurs as provided in Section 3.1 above, except that if Landlord’s failure to pay rent substantially complete the work required of Landlord pursuant to Section 3.1(a) above is attributable to any action or inaction by Tenant (including without limitation any other charge under Tenant Delay described in the Work Letter, if any, attached to this lease until Lease), then the Premises shall be deemed ready for occupancy, and Landlord tenders possession. If Landlord cannot deliver possession within 120 DAYS shall be entitled to full performance by Tenant (including the payment of rent), as of the Commencement Date, Tenant 2 may terminate this Lease on written notice date Landlord would have been able to Landlord. In substantially complete such event, Tenant shall no further recourse against Landlord respecting the Lease. However, in the event that Landlord is unable to work and deliver possession of the Premises to Tenant within ninety (90) days of but for Tenant’s delay(s). If the Commencement Date has not occurred on or before February 14, 2019 (the "Outside Completion Date"), Tenant shall be entitled to offset a rent abatement following the amount Commencement Date of $833.00 per one (1) day’s Basic Rent for every day against in the rent due to Landlord from Tenant for those other Premises at Building A at 1001 West Cutting covered by that certain Lease between period beginning on the Outside Completion Date and ending on the Commencement Date. Landlord and Tenant dated April 1996, for each day past acknowledge and agree that: (i) the ninetieth day after determination of the Commencement Date that shall take into consideration the Premises are not delivered effect of any Tenant Delays; and (ii) the Outside Completion Date shall be postponed by the number of days the Commencement Date is delayed due to Tenant in completed condition. Notwithstanding any other provision events of this Lease, Landlord shall have no obligation to pay any damages or adjustment to Tenant as a result of delays caused by matters outside of Landlord's control, including, without limitation, Tenant's conduct, acts of God, acts of war, inclement weather and/or labor strikes (including strikes affecting the supply of labor and/or materials)force majeure.

DELAY IN POSSESSION. If Landlord Landlord, for any reason whatsoever, cannot deliver possession of the Premises to Tenant on or before the Commencement Date in accordance with the requirements set forth in Paragraph 19.12 Item 4 of the Basic Lease Provisions, this Lease, such failure Lease shall not affect the validity of this Lease, extend its Term, be void or render voidable nor shall Landlord be liable to Tenant for any resulting loss or damage. However, but Tenant shall not be obligated liable for any rent until the Premises are actually delivered to pay rent or any other charge under this lease until Landlord tenders possession. If Landlord cannot deliver possession within 120 DAYS of the Commencement DateTenant, Tenant 2 may terminate this Lease on written notice to except that if Landlord. In such event, Tenant shall no further recourse against Landlord respecting the Lease. However, in the event that Landlord is unable ’s failure to deliver possession of the Premises to Tenant within ninety is attributable to any action or inaction by Tenant (90) days a “Tenant Delay”), 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 deliver the Premises to Tenant but for the Tenant’s Delay(s). Notwithstanding anything to the contrary contained in this Section 3.2, if for any reason other than Tenant Delay(s), the actual Commencement Date has not occurred by October 1, 2009 (the “Outside Date”), then Tenant may, by written notice to Landlord given at any time thereafter but prior to the actual occurrence of the Commencement Date, Tenant shall be entitled elect to offset the amount of $833.00 per day against the rent due to Landlord from Tenant for those other Premises at Building A at 1001 West Cutting covered by terminate this Lease; provided, however, that certain Lease between Landlord and Tenant dated April 1996, for each day past the ninetieth day after if the Commencement Date that occurs within 10 business days after delivery to Landlord of Tenant’s termination notice, this Lease shall continue in full force and effect. If the Premises are Commencement Date has not occurred within 10 business days after the date of delivery of Tenant’s termination notice, then this Lease shall terminate as of the 10th business day after delivery of the termination notice, and Landlord shall promptly return to Tenant any prepaid rent and/or Security Deposit delivered to Tenant in completed condition. Notwithstanding any other provision of this Lease, Landlord shall have no obligation to pay any damages or adjustment to Tenant as a result of delays caused by matters outside of Landlord's control, including, without limitation, Tenant's conduct, acts of God, acts of war, inclement weather and/or labor strikes (including strikes affecting the supply of labor and/or materials).

DELAY IN POSSESSION. If for any reason Landlord cannot deliver possession of the Premises to Tenant on 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 in accordance with the requirements set forth in Paragraph 19.12 of this LeaseDate, Landlord shall not be subject to any liability therefor, nor shall such failure shall not affect the validity of this Lease, extend its Termor the obligations of Tenant hereunder, or render Landlord liable for any resulting damageextend the term hereof, but in such case, Tenant shall not not, except as otherwise provided herein, be obligated to pay rent or perform any other charge obligation of Tenant under the terms of this lease Lease until Landlord tenders possession. If Landlord cannot deliver possession within 120 DAYS of the Commencement Date, Tenant 2 may terminate this Lease on written notice to Landlord. In such event, Tenant shall no further recourse against Landlord respecting the Lease. However, in the event that Landlord is unable to deliver delivers possession of the Premises to Tenant. If possession of the Premises is not delivered to Tenant within ninety (90) days of the Commencement Date, Tenant shall be entitled to offset the amount of $833.00 per day against the rent due to Landlord from Tenant for those other Premises at Building A at 1001 West Cutting covered by that certain Lease between Landlord and Tenant dated April 1996, for each day past the ninetieth day after the Commencement Date that through no fault of or delay caused by Tenant, Tenant may, at its option, by notice in writing to Landlord within ten (10) days after the Premises are not delivered to Tenant in completed condition. Notwithstanding any other provision end of said ninety (90) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if (a) such written notice of Tenant is not received by Landlord shall have no obligation within said ten (10) day period or in any event prior to pay any damages Landlord's tender of possession of the Premises to Tenant, or adjustment (b) Landlord tenders possession of the Premises to Tenant as a result of delays caused by matters outside of within ten (10) days after Landlord's controlreceipt of such cancellation notice, includingthen, without limitationin either event, Tenant's conduct, acts right to cancel this Lease hereunder shall terminate and be of God, acts of war, inclement weather and/or labor strikes (including strikes affecting the supply of labor and/or materials)no further force or effect.

DELAY IN POSSESSION. If Notwithstanding the estimated Commencement Date specified in section 1.7, if for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date in accordance with the requirements set forth in Paragraph 19.12 of this Leasesaid date, Landlord shall not be subject to any liability therefor, nor shall such failure shall not affect the validity of this LeaseLease or the obligations of Tenant hereunder; provided, extend its Termhowever, or render Landlord liable for any resulting damagein such a case, but Tenant shall not be obligated to pay rent or perform any other charge obligation of Tenant under this lease Lease, except as may be otherwise provided in this Lease, until Landlord tenders possessionpossession of the Premises is tendered to Tenant as defined in section 3.4. If Landlord canshall not deliver have tendered possession within 120 DAYS of the Premises to Tenant within sixty (60) days following the estimated Commencement DateDate specified in section 1.7, as the same may be adjusted in accordance with section 3.3 or in accordance with the terms of any work letter agreement entered into by Landlord and Tenant, Tenant, may, at Tenant's option, by notice in writing to Landlord within ten (10) days after the expiration of the sixty (60) day period, terminate this Lease. If Tenant terminates this Lease as provided in the preceding sentence, the parties shall be discharged from all obligations hereunder, except that Landlord shall return any money previously deposited with Landlord by Tenant; and provided further, that if such written notice by Tenant is not received by Landlord within said ten (10) day period, Tenant 2 may shall not have the right to terminate this Lease on written notice as provided above unless Landlord fails to Landlordtender possession of the Premises to Tenant within two hundred forty (240) days following the estimated Commencement Date specified in section 1.7, as the same may be adjusted in accordance with section 3.3 or in accordance with the terms of any work letter agreement entered into by Landlord and Tenant. In such event, Tenant shall no further recourse against Landlord respecting the Lease. However, in the event that If Landlord is unable to deliver possession of the Premises to Tenant within ninety (90) days of the Commencement Date, Tenant shall be entitled to offset the amount of $833.00 per day against the rent due to Landlord from Tenant for those other Premises at Building A at 1001 West Cutting covered by that certain Lease between Landlord and Tenant dated April 1996, for each day past the ninetieth day after on the Commencement Date that due to a "Force Majeure Event," the Premises are not delivered to Tenant in completed condition. Notwithstanding any other provision Commencement Date shall be extended by the period of this Lease, Landlord shall have no obligation to pay any damages or adjustment to Tenant as a result of delays the delay caused by matters outside of Landlord's controlthe Force Majeure Event. A Force Majeure Event shall mean fire, includingearthquake, without limitation, Tenant's conduct, weather delays or other acts of God, acts of strikes, boycotts, war, inclement weather and/or riot, insurrection, embargoes, shortages of equipment, labor strikes (including strikes affecting or materials, delays in issuance of governmental permits or approvals, or any other cause beyond the supply reasonable control of labor and/or materials)Landlord.

DELAY IN POSSESSION. If Notwithstanding the estimated Commencement Date specified in section 1.9, if for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date in accordance with the requirements set forth in Paragraph 19.12 of this Leasesaid date, Landlord shall not be subject to any liability therefor, nor shall such failure shall not affect the validity of this LeaseLease or the obligations of Tenant hereunder; provided, extend its Termhowever, or render Landlord liable for any resulting damagein such a case, but Tenant shall not be obligated to pay rent or perform any other charge obligation of Tenant under this lease Lease, except as may be otherwise provided in this Lease, until Landlord tenders possessionpossession of the Premises is tendered to Tenant, as defined in section 3.4. If Landlord canshall not deliver have tendered possession within 120 DAYS of the Premises to Tenant within sixty (60) days following the estimated Commencement DateDate specified in section 1.9, as the same may be adjusted in accordance with section 3.3 or in accordance with the terms of any work letter agreement entered into by Landlord and Tenant, Tenant 2 may may, at Tenant's option, by notice in writing to Landlord within ten (10) days after the expiration of the sixty (60) day period, terminate this Lease on written notice to Landlord. In such event, Tenant shall no further recourse against Landlord respecting the Lease. However, If Tenant terminates this Lease as provided in the event preceding sentence, the parties shall be discharged from all obligations hereunder, except that Landlord shall return any money previously deposited with Landlord by Tenant. If Landlord is unable to deliver possession of the Premises to Tenant within ninety (90) days of the Commencement Date, Tenant shall be entitled to offset the amount of $833.00 per day against the rent due to Landlord from Tenant for those other Premises at Building A at 1001 West Cutting covered by that certain Lease between Landlord and Tenant dated April 1996, for each day past the ninetieth day after on the Commencement Date that due to a "Force Majeure Event," the Premises are not delivered to Tenant in completed condition. Notwithstanding any other provision Commencement Date shall be extended by the period of this Lease, Landlord shall have no obligation to pay any damages or adjustment to Tenant as a result of delays the delay caused by matters outside of Landlord's controlthe Force Majeure Event. A Force Majeure Event shall mean fire, includingearthquake, without limitation, Tenant's conduct, weather delays or other acts of God, acts of strikes, boycotts, war, inclement weather and/or riot, insurrection, embargoes, shortages of equipment, labor strikes (including strikes affecting or materials, delays in issuance of governmental permits or approvals, or any other cause beyond the supply reasonable control of labor and/or materials)Landlord.

DELAY IN POSSESSION. If Landlord Landlord, for any reason whatsoever, cannot deliver possession of the Premises to Tenant on prior or subsequent to the Estimated Commencement Date as set forth in Item 4 of the Basic Lease Provisions (“Estimated Commencement Date”), 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 cannot tender possession of the Premises in accordance with the requirements set forth provisions of Section 3.1(b) above due to any action or inaction of Tenant (including without limitation any Tenant Delay described in Paragraph 19.12 of the Work Letter, if any, attached to this Lease), such failure shall not affect the validity of this Lease, extend its Term, or render Landlord liable for any resulting damage, but Tenant shall not be obligated to pay rent or any other charge under this lease until Landlord tenders possession. If Landlord cannot deliver possession within 120 DAYS of then the Commencement Date, Date shall be deemed to have occurred and Landlord shall be entitled to full performance by Tenant 2 may terminate this Lease on written notice (including the payment of rent) from the date Landlord would have been able to Landlord. In such event, Tenant shall no further recourse against Landlord respecting the Lease. However, in the event that Landlord is unable to deliver so tender possession of the Premises to Tenant within ninety but for Tenant’s action or inaction, including without limitation any Tenant Delay described in the attached Work Letter, if any. Notwithstanding anything to the contrary contained in this Section 3.2, if for any reason other than “Tenant Delays” (90as defined in the Work Letter) days or other matters beyond Landlord’s reasonable control, the actual Commencement Date of this Lease has not occurred (i) on or before August 1, 2005 (the “First Outside Date”), then Tenant shall receive one (1) “free” month of Basic Rent at the initial rate scheduled in Item 6 of the Commencement Basic Lease Provisions, (ii) on or before September 1, 2005 (the “Second Outside Date”), then Tenant shall be entitled receive a second “free” month of Basic Rent at this initial rate scheduled in Item 6 of the Basic Rent Lease Provisions, and (iii) on or before October 1, 2005 the (“Third Outside Date”), then Tenant shall receive a third “free” month of Basic Rent at the initial rate scheduled in Item 6 of the Basic Lease Provisions. The provisions for “free” rent contained in the foregoing, however, are conditioned upon: (A) this Lease or an indemnity agreement allowing Landlord to offset proceed with the amount of $833.00 per day against construction drawings for the rent due “Tenant Improvements” (defined in the attached Work Letter), being executed and delivered by Tenant to Landlord from not later than April 18, 2005, and (B) Tenant having incurred hold-over penalty rental for those other Premises continuing to lease its existing premises at Building A at 1001 West Cutting covered by that certain Lease between Landlord 10145 Pacific Heights Blvd., Suites 500 and Tenant dated April 1996900, San Diego, CA for each day past the ninetieth day after month of August, 2005, September, 2005 and October, 2005, as applicable, if the Commencement Date that has not so occurred by the Premises are not delivered to Tenant in completed condition. Notwithstanding any other provision of this LeaseFirst Outside Date, Landlord shall have no obligation to pay any damages by the Second Outside Date or adjustment to Tenant as a result of delays caused by matters outside of Landlord's controlthe Third Outside Date, including, without limitation, Tenant's conduct, acts of God, acts of war, inclement weather and/or labor strikes (including strikes affecting the supply of labor and/or materials)respectively.

DELAY IN POSSESSION. If Notwithstanding said Commencement Date, if for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date in accordance with the requirements set forth in Paragraph 19.12 of this Leasesaid date, Landlord shall not be subject to any liability therefor, nor shall such failure shall not affect the validity of this Lease, extend its Term, Lease or render Landlord liable for any resulting damagethe obligations of Tenant hereunder, but in such case, Tenant shall not be obligated to pay rent or perform any other charge obligation of Tenant under the terms of this lease Lease, except as may be otherwise provided in this Lease, until possession of the Premises is tendered to Tenant; provided, however, that if Landlord tenders possessionhas not delivered possession of the Premises within sixty(60) days from said Commencement Date and said delay in delivery is not due to Tenant’s action, or the action of any governmental agency, Tenant may, at its option, by notice in writing to Landlord within ten (10) days thereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Tenant is not received by Landlord within said ten (10) day period, Tenant’s right to cancel this Lease hereunder shall terminate and be of no further force or effect. If Landlord cannot deliver possession within 120 DAYS the date of the Commencement Date, Tenant 2 may terminate this Lease on written notice to Landlord. In such event, Tenant shall no further recourse against Landlord respecting the Lease. However, in the event that Landlord is unable to deliver delivery of possession of the Premises to Tenant within ninety (90) days of is later than the Commencement DateDate specified in Paragraph 3.1 above, Tenant then the term of this Lease shall be entitled to offset extended by the amount number of $833.00 per day against days between the rent due to Landlord from Tenant for those other Premises at Building A at 1001 West Cutting covered by that certain Lease between Commencement Date and such delivery date, and Landlord and Tenant dated April 1996, for each day past the ninetieth day after the Commencement Date that the Premises are not delivered shall enter into an amendment to Tenant in completed condition. Notwithstanding any other provision of this Lease, Landlord shall have no obligation to pay any damages or adjustment to Tenant as a result of delays caused by matters outside of Landlord's control, including, without limitation, Tenant's conduct, acts of God, acts of war, inclement weather and/or labor strikes (including strikes affecting the supply of labor and/or materials)lease setting forth such new expiration date.

DELAY IN POSSESSION. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date in accordance with the requirements set forth in Paragraph 19.12 of this LeaseTenant Improvements substantially completed on or before the Anticipated Commencement Date, Landlord shall not be subject to any liability therefor, and such failure shall not affect the validity of this Lease, extend its Term, Lease or render Landlord liable for any resulting damagethe obligations of Tenant hereunder, but in such case, Tenant shall not be obligated to pay rent Monthly Rent or any Additional Rent other charge under this lease than as provided in Section 3.3 and Section 3.5 until Landlord tenders possessionthe Commencement Date has occurred. If Landlord cannot deliver possession within 120 DAYS of the Commencement Date, Tenant 2 may terminate this Lease on written notice to Landlord. In such event, Tenant shall no further recourse against Landlord respecting the Lease. However, in the event that Landlord is unable to deliver possession of the Premises to Tenant Date has not occurred within ninety (90) days of following the Anticipated Commencement DateDate plus periods attributable to Tenant Delays or Unavoidable Delay or one hundred fifty (150) days after the anticipated Commencement Date plus periods attributable to Tenant Delays (but without regard to Unavoidable Delays), Tenant may, at its option, by Notice to Landlord within ten (10) days thereafter, terminate this Lease, in which event the parties shall be discharged from all further obligations hereunder; provided, however, if Tenant fails to give such notice to Landlord within such ten-day period, Tenant shall be entitled no longer have the right to offset the amount of $833.00 per day against the rent due to Landlord from Tenant for those other Premises at Building A at 1001 West Cutting covered by that certain terminate this Lease between Landlord and Tenant dated April 1996, for each day past the ninetieth day after the Commencement Date that the Premises are not delivered to Tenant in completed condition. Notwithstanding any other provision of under this Lease, Landlord shall have no obligation to pay any damages or adjustment to Tenant as a result of delays caused by matters outside of Landlord's control, including, without limitation, Tenant's conduct, acts of God, acts of war, inclement weather and/or labor strikes (including strikes affecting the supply of labor and/or materials)Section 3.

DELAY IN POSSESSION. If for any reason Landlord cannot deliver possession of the Premises to Tenant on 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 in accordance with the requirements set forth in Paragraph 19.12 of this LeaseDate, Landlord shall not be subject to any liability therefor, nor shall such failure shall not affect the validity of this Lease, extend its Termor the obligations of Tenant hereunder, or render Landlord liable for any resulting damageextend the term hereof, but in such case, Tenant shall not not, except as otherwise provided herein, be obligated to pay rent or perform any other charge obligation of Tenant under the terms of this lease Lease until Landlord tenders possessiondelivers possession of the Premises to Tenant. If Landlord canpossession of the Premises is not deliver possession delivered to Tenant within 120 DAYS of sixty (60) days after the Commencement Date, Tenant 2 may terminate this Lease on written may, at its option, by notice in writing to Landlord. In such event, Tenant shall no further recourse against Landlord respecting the Lease. However, in the event that Landlord is unable to deliver possession of the Premises to Tenant within ninety ten (9010) days of the Commencement Date, Tenant shall be entitled to offset the amount of $833.00 per day against the rent due to Landlord from Tenant for those other Premises at Building A at 1001 West Cutting covered by that certain Lease between Landlord and Tenant dated April 1996, for each day past the ninetieth day after the Commencement Date that the Premises are not delivered to Tenant in completed condition. Notwithstanding any other provision end of 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 Tenant is not received by Landlord shall have no obligation to pay any damages or adjustment to Tenant as a result of delays caused by matters outside of Landlord's control, including, without limitationwithin said ten (10) day period, Tenant's conduct, acts ’s right to cancel this Lease hereunder shall terminate and be of God, acts of war, inclement weather and/or labor strikes (including strikes affecting no further force or effect. The Actual Commencement date for the supply of labor and/or materials).three years and eight months lease will be when Tenant is provided possession either on date specified in section 1.4 or later due to delay by Landlord Eight-L 1993 —3— Initials /

DELAY IN POSSESSION. If Notwithstanding the anticipated Commencement Date, if for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date in accordance with Date, Landlord shall not be subject to any liability for the requirements set forth in Paragraph 19.12 of this Lease, delay. Any such failure delay shall not affect the validity of this Lease, Lease or the obligations of Tenant nor extend its the Term, or render Landlord liable for any resulting damage, but . Tenant shall not be obligated to pay rent Rent, subject to paragraph 1.3b or perform any other charge obligation of Tenant under the terms of this lease Lease, except as may be otherwise provided in this Lease, until Landlord tenders possessionpossession of the Premises is tendered to Tenant. If Landlord candoes not deliver possession within 120 DAYS of the Premises within sixty (60) days following the anticipated Commencement Date, as the same may be extended due to Tenant 2 may terminate Delays as defined in Section 2.1d or Force Majeure events as defined in Section 8.9, Tenant may, at Tenant's option, by notice in writing to Landlord within ten (10) days thereafter (the "10-Day Notice Period"), cancel this Lease on in which event the parties shall be discharged from all. obligations hereunder. Upon Tenant's timely cancellation, Landlord shall return any money previously deposited by Tenant. If such written notice to Landlord. In such eventby Tenant is not received by Landlord within the 10-Day Notice Period, Tenant Landlord shall no further recourse against Landlord respecting have an additional thirty (30) days following the Lease. However, in end of the event that Landlord is unable 10-Day Notice Period (the "30-Day Extension Period") to deliver possession of the Premises to Tenant within ninety (90) days Premises. If Landlord does not deliver possession of the Commencement DatePremises within the 30-Day Extension Period, Tenant shall have an additional 10-Day Notice Period to cancel this Lease, which shall be entitled to offset the amount of $833.00 per day against the rent due to Landlord from Tenant for those other Premises at Building A at 1001 West Cutting covered followed by that certain Lease between Landlord successive 30-Day Extension Periods and Tenant dated April 1996, for each day past the ninetieth day after the Commencement Date that 10-Day Notice Periods until the Premises are not delivered to Tenant in completed condition. Notwithstanding any other provision of or the Lease is canceled pursuant to this Lease, Landlord shall have no obligation to pay any damages or adjustment to Tenant as a result of delays caused by matters outside of Landlord's control, including, without limitation, Tenant's conduct, acts of God, acts of war, inclement weather and/or labor strikes (including strikes affecting the supply of labor and/or materials)Section 1.3.

DELAY IN POSSESSION. If Landlord Notwithstanding said commencement date, if for any reason Lessor cannot deliver possession of the Premises to Tenant Lessee on the Commencement Date in accordance with the requirements set forth in Paragraph 19.12 of this Leasesaid date, Lessor shall not be subject to any liability therefor, nor shall such failure shall not affect the validity of this Lease, extend its Term, Lease or render Landlord liable for any resulting damagethe obligations of Lessee hereunder, but Tenant in such case, Lessee shall not be obligated to pay rent or perform any other charge obligation of Lessee under the terms of this lease Lease, except as may be otherwise provided in this Lease, until Landlord tenders possession. If Landlord cannot deliver possession within 120 DAYS of the Commencement Date, Tenant 2 may terminate this Lease on written notice to Landlord. In such event, Tenant shall no further recourse against Landlord respecting the Lease. However, in the event that Landlord is unable to deliver possession of the Premises is tendered to Tenant Lessee; provided, however, that if Lessor has not delivered possession of the Premises within ninety (90) days of the Commencement Date, Tenant shall be entitled to offset the amount of $833.00 per day against the rent from said commencement date and said delay in delivery is not due to Landlord from Tenant for those other Premises Lessee's action, or the action of any governmental agency, Lessee may, at Building A at 1001 West Cutting covered its option, by that certain Lease between Landlord and Tenant dated April 1996notice in writing to Lessor within ten (10) days thereafter, for each day past the ninetieth day after the Commencement Date that the Premises are not delivered to Tenant in completed condition. Notwithstanding any other provision of cancel this Lease, Landlord in which event the parties shall have 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 obligation further force or effect. If the date of delivery of Possession of the Premises to pay any damages or adjustment Lessee is later than the commencement date specified in Paragraph 3.1 above, then the term of this Lease shall be extended by the number of days between the commencement date and such delivery date, and Lessor and Lessee shall enter into an amendment to Tenant as a result of delays caused by matters outside of Landlord's control, including, without limitation, Tenant's conduct, acts of God, acts of war, inclement weather and/or labor strikes (including strikes affecting the supply of labor and/or materials)this lease setting forth such new expiration date.

DELAY IN POSSESSION. If If, for any reason, Landlord canis not able to ------------------- deliver possession of the Premises on the Commencement Date, the Commencement Date shall be delayed, on a day-for-day basis, until such date as Landlord is able to deliver possession of the Premises to Tenant on the Commencement Date in accordance with the requirements set forth in Paragraph 19.12 of this LeaseTenant. In such event, (a) Landlord shall not be subject to any liability for such delays, nor shall any such failure shall not affect the validity of this LeaseLease or the obligations of Tenant hereunder, extend its Term, or render Landlord liable for any resulting damage, but and (b) Tenant shall not be obligated to pay rent or perform any other charge obligation of Tenant under this lease Lease until Landlord tenders possessiondelivers possession of the Premises to Tenant. If Landlord canis not deliver possession within 120 DAYS of the Commencement Date, Tenant 2 may terminate this Lease on written notice to Landlord. In such event, Tenant shall no further recourse against Landlord respecting the Lease. However, in the event that Landlord is unable able to deliver possession of the Premises to Tenant within ninety (90) on or before the passage of one hundred eighty days of following the Commencement Dateexecution hereof, then Tenant shall have the right to terminate this Lease. This termination right may be entitled to offset the amount of $833.00 per day against the rent due exercised only by Tenant's delivery to Landlord from Tenant for those other Premises at Building A at 1001 West Cutting covered by that certain of written notice of termination no later than ten days following the expiration of such one-hundred-eighty-day period. Following the timely delivery of any such notice of termination. this Lease between Landlord shall terminate and Tenant dated April 1996, for each day past the ninetieth day after the Commencement Date that the Premises are not delivered any prepaid rent and security deposit shall be returned to Tenant in completed condition. Notwithstanding any other provision of this Lease, Landlord shall have no obligation to pay any damages or adjustment to Tenant as a result of delays caused by matters outside of Landlord's control, including, without limitation, Tenant's conduct, acts of God, acts of war, inclement weather and/or labor strikes (including strikes affecting the supply of labor and/or materials).

DELAY IN POSSESSION. If Notwithstanding the estimated Commencement Date specified in section 1.8, if for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date in accordance with the requirements set forth in Paragraph 19.12 of this Leasesaid date, Landlord shall not be subject to any liability therefor, nor shall such failure shall not affect the validity of this LeaseLease or the obligations of Tenant hereunder; provided, extend its Termhowever, or render Landlord liable for any resulting damagein such a case, but Tenant shall not be obligated to pay rent or perform any other charge obligation of Tenant under this lease Lease, except as may be otherwise provided in this Lease, until Landlord tenders possessionpossession of the Premises is tendered to Tenant, as defined in section 3.4. If Landlord canshall not deliver have tendered possession within 120 DAYS of the Premises to Tenant within forty-five (45) days following the estimated Commencement DateDate specified in section 1.8, as the same may be adjusted in accordance with section 3.3 or in accordance with the terms of any work letter agreement entered into by Landlord and Tenant, Tenant 2 may may, at Tenant's option, by notice in writing to Landlord within ten (10) days after the expiration of the forty-five (45) day period, terminate this Lease. If Tenant terminates this Lease as provided in the preceding sentence, the parties shall be discharged from all obligations hereunder, except that Landlord shall return any money previously deposited with Landlord by Tenant; and provided further, that if such written notice by Tenant is not received by Landlord within said ten (10) day period, Tenant shall not have the right to terminate this Lease on written notice as provided above unless Landlord fails to Landlord. In such event, Tenant shall no further recourse against Landlord respecting the Lease. However, in the event that Landlord is unable to deliver tender possession of the Premises to Tenant within ninety (90) days following the estimated Commencement Date specified in section 1.8, as the same may be adjusted in accordance with section 3.3 or in accordance with the terms of any work letter agreement entered into by Landlord and Tenant. If Landlord is unable to deliver possession of the Commencement Date, Premises to Tenant shall be entitled to offset the amount of $833.00 per day against the rent due to Landlord from Tenant for those other Premises at Building A at 1001 West Cutting covered by that certain Lease between Landlord and Tenant dated April 1996, for each day past the ninetieth day after on the Commencement Date that due to a Force Majeure Event, the Premises are not delivered to Tenant in completed condition. Notwithstanding any other provision Commencement Date shall be extended by the period of this Lease, Landlord shall have no obligation to pay any damages or adjustment to Tenant as a result of delays the delay caused by matters outside of Landlord's controlthe Force Majeure Event. A "FORCE MAJEURE EVENT" shall mean fire, includingearthquake, without limitation, Tenant's conduct, weather delays or other acts of God, acts of strikes, boycotts, war, inclement weather and/or riot, insurrection, embargoes, shortages of equipment, labor strikes (including strikes affecting or materials, delays in issuance of governmental permits or approvals, or any other cause beyond the supply reasonable control of labor and/or materials)Landlord.

DELAY IN POSSESSION. If Notwithstanding the estimated Commencement Date specified in Section 1.10, if for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date in accordance with the requirements set forth in Paragraph 19.12 of this Leasesaid date or any other date, Landlord shall not be subject to any liability therefor, nor shall such failure shall not affect the validity of this LeaseLease or the obligations of Tenant hereunder; provided, extend its Termhowever, or render Landlord liable for any resulting damagein such a case, but Tenant shall not be obligated to pay rent or perform any other charge obligation of Tenant under this lease Lease, except as may be otherwise provided in this Lease, until Landlord tenders possessionpossession of the Premises is tendered to Tenant, as defined in Section 3.4. If Landlord canshall not deliver have tendered possession within 120 DAYS of the Premises to Tenant within sixty (60) days following the estimated Commencement DateDate specified in Section 1.10, as the same may be adjusted in accordance with this Section 3.2 or Section 3.3 or in accordance with the terms of any work letter agreement attached to this Lease, Tenant 2 may may, at Tenant’s option, by notice in writing to Landlord within ten (10) days after the expiration of the sixty (60) day period, terminate this Lease. If Tenant terminates this Lease as provided in the preceding sentence, the parties shall be discharged from all obligations hereunder, except that Landlord shall return any money previously deposited with Landlord by Tenant; and provided further, that if such written notice by Tenant is not received by Landlord within said ten (10) day period, Tenant shall not have the right to terminate this Lease on written notice as provided above unless Landlord fails to Landlord. In such eventtender possession of the Premises to Tenant within one hundred twenty (120) days following the estimated Commencement Date specified in Section 1.10, Tenant shall no further recourse against Landlord respecting as the same may be adjusted in accordance with this Section 3.2 or Section 3.3 or in accordance with the terms of any work letter agreement attached to this Lease. However, in the event that If Landlord is unable to deliver possession of the Premises to Tenant within ninety (90) days of on the Commencement Date, Tenant shall be entitled to offset the amount of $833.00 per day against the rent due to Landlord from Tenant for those other Premises at Building A at 1001 West Cutting covered by that certain Lease between Landlord and Tenant dated April 1996, for each day past the ninetieth day after the estimated Commencement Date that specified in Section 1.10, as the Premises are not delivered same may be adjusted in accordance with this Section 3.2 or Section 3.3 or in accordance with the terms of any work letter agreement attached to Tenant in completed condition. Notwithstanding any other provision of this Lease, Landlord due to a Force Majeure Event (as defined below), such Commencement Date shall have no obligation to pay any damages or adjustment to Tenant as a result be extended by the period of delays the delay caused by matters outside of Landlord's controlthe Force Majeure Event or any Tenant Delay (as defined below). A “Force Majeure Event” shall mean fire, includingearthquake, without limitation, Tenant's conduct, weather delays or other acts of God, acts of strikes, boycotts, war, inclement weather and/or riot, insurrection, embargoes, shortages of equipment, labor strikes (including strikes affecting or materials, delays in issuance of governmental permits or approvals, or any other cause beyond the supply reasonable control of labor and/or materials)Landlord.

DELAY IN POSSESSION. A. If Landlord canthe Premises are not deliver possession ready for occupancy by the Tenant or the Leasehold Improvements described in Exhibit B have not been substantially completed by the Commencement Date, then Base Rent and Additional Rent shall ▇▇▇▇▇ until the Premises are delivered or such Leasehold Improvements have been substantially completed. In addition, and without limitation of the foregoing abatement, if, subject to Excused Delays (as hereinafter defined), the Premises are not ready for occupancy or such Leasehold Improvements have not been substantially completed by (i) December 31, 1999, then, provided the Leasehold Improvements have been completed by January 31, 2000, Base Rent shall be abated for thirty (30) days following the date of substantial completion and delivery of the Premises to Tenant on (however, under such circumstances, the Commencement Date in accordance with the requirements set forth in Paragraph 19.12 of this Lease, such failure shall not affect the validity of this Lease, extend its Term, or render Landlord liable for any resulting damage, but Tenant shall not be obligated to pay rent or any other charge under this lease until Landlord tenders possession. If Landlord cannot deliver possession within 120 DAYS expiration date of the Commencement DateLease shall be extended by an additional thirty (30) days), Tenant 2 may terminate this Lease on written notice to Landlord. In such event(ii) by January 31, Tenant 2000, then, provided the Leasehold Improvements have been substantially completed by February 29, 2000, Base Rent shall no further recourse against Landlord respecting be abated for sixty (60) days following the Lease. However, in the event that Landlord is unable to deliver possession date of substantial completion and delivery of the Premises to Tenant within (however, under such circumstances, the expiration date of the Lease shall be extended by an additional sixty (60) days), and (iii) by February 29, 2000, then Base Rent shall be abated for ninety (90) days following the date of substantial completion and delivery of the Commencement DatePremises to Tenant (however, Tenant under such circumstances, there shall be entitled no extension of the expiration date). This Lease shall remain in all other respects in full force and effect and the Term shall not be extended. Tenant acknowledges that Landlord will require access to offset the amount of $833.00 per day against the rent due to Landlord from Tenant for those other Premises at Building A at 1001 West Cutting covered by that certain Lease between Landlord and Tenant dated April 1996, for each day past the ninetieth day after the Commencement Date that the Premises are during December 1999 to complete minor additional Leasehold Improvements and certain punchlist items, so long as such work is conducted in such a manner that does not delivered materially impair Tenant's ability to Tenant in completed conditionconduct its business within the Premises. Notwithstanding any other provision of this Leasethe foregoing, Landlord shall have no obligation but subject to pay any damages or adjustment to Tenant as a result of Excused Delays (provided that delays caused by matters outside of Landlord's control, including, without limitation, Tenant's conduct, acts of God, acts of war, inclement weather and/or labor strikes (including strikes affecting the supply of labor and/or materials).by

DELAY IN POSSESSION. If Notwithstanding the estimated Commencement Date specified in Section 1.7, if for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date in accordance with the requirements set forth in Paragraph 19.12 of this Leasesaid date, Landlord shall not be Subject to any liability therefor, nor shall such failure shall not affect the validity of this LeaseLease or the obligations of Tenant hereunder; provided, extend its Termhowever, or render Landlord liable for any resulting damagein such a case, but Tenant shall not be obligated to pay rent or perform any other charge obligation of Tenant under this lease Lease, except as may be otherwise provided in this Lease, until Landlord tenders possessionpossession of the Premises is tendered to Tenant, as defined in Section 3.4. If Landlord canshall not deliver have tendered possession within 120 DAYS of the Premises to Tenant within one hundred twenty (120) days following the estimated Commencement DateDate specified in Section 1.7, as the same may be adjusted in accordance with Section 3.3 or in accordance with the terms of any work letter agreement entered into by Landlord and Tenant, Tenant 2 may may, at Tenant's option, by notice in writing to Landlord within ten (10) days after the expiration of the one hundred twenty (120) day period, terminate this Lease. If Tenant terminates this Lease as provided in the preceding sentence, the parties shall be discharged from all obligations hereunder, except that Landlord shall return any money previously deposited with Landlord by Tenant; and provided further, that if such written notice by Tenant is not received by Landlord within said ten (10) day period, Tenant shall not have the right to terminate this Lease on written notice as provided above unless Landlord fails to Landlordtender possession of the Premises to Tenant within two hundred forty (240) days following the estimated Commencement Date specified in Section 1.7, as the same may be adjusted in accordance with Section 3.3 or in accordance with the terms of any work letter agreement entered into by Landlord and Tenant. In such event, Tenant shall no further recourse against Landlord respecting the Lease. However, in the event that If Landlord is unable to deliver possession of the Premises to Tenant within ninety (90) days of the Commencement Date, Tenant shall be entitled to offset the amount of $833.00 per day against the rent due to Landlord from Tenant for those other Premises at Building A at 1001 West Cutting covered by that certain Lease between Landlord and Tenant dated April 1996, for each day past the ninetieth day after on the Commencement Date that due to a "Force Majeure Event," the Premises are not delivered to Tenant in completed condition. Notwithstanding any other provision Commencement Date shall be extended by the period of this Lease, Landlord shall have no obligation to pay any damages or adjustment to Tenant as a result of delays the delay caused by matters outside of Landlord's controlthe Force Majeure Event. A Force Majeure Event shall mean fire, includingearthquake, without limitation, Tenant's conduct, weather delays or other acts of God, acts of strikes, boycotts, war, inclement weather and/or riot, insurrection, embargoes, shortages of equipment, labor strikes (including strikes affecting or materials, delays in issuance of governmental permits or approvals, or any other cause beyond the supply reasonable control of labor and/or materials)Landlord.

DELAY IN POSSESSION. If Landlord Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Tenant Lessee on the Commencement Date in accordance with the requirements set forth in Paragraph 19.12 of this Leasesaid date and subject to paragraph 3.3.2, Lessor shall not be subject to any liability therefore, nor shall such failure shall not affect the validity of this LeaseLease or the obligations of hereunder or extend the term hereof; but in such case, extend its Term, or render Landlord liable for any resulting damage, but Tenant Lessee shall not be obligated to pay rent or perform any other charge obligation of Lessee under the terms of this lease Lease, except as may be otherwise provided in this Lease, until Landlord tenders possession. If Landlord canpossession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor has not deliver delivered possession of the Premises within one hundred twenty (120) days following said Commencement Date, as the same may be extended by written agreement between Lessor and Lessee, Lessee may, at Lessee's option, cancel this Lease, by giving notice in writing to Lessor within ten (10) days after the 120 DAYS of days following the Commencement Date, Tenant 2 may terminate as extended, in which event the parties shall be discharged from all obligations hereunder; provided, however, that, as to Lessee's obligations, Lessee shall first reimburse Lessor for all costs incurred for Lessee Improvements (as defined in Exhibit C) and, as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Lessee Improvements); and provided further, that if such written notice by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease on written notice to Landlord. In such event, Tenant hereunder shall terminate and be of no further recourse against Landlord respecting the Lease. However, in the event that Landlord is unable to deliver possession of the Premises to Tenant within ninety (90) days of the Commencement Date, Tenant shall be entitled to offset the amount of $833.00 per day against the rent due to Landlord from Tenant for those other Premises at Building A at 1001 West Cutting covered by that certain Lease between Landlord and Tenant dated April 1996, for each day past the ninetieth day after the Commencement Date that the Premises are not delivered to Tenant in completed condition. Notwithstanding any other provision of this Lease, Landlord shall have no obligation to pay any damages force or adjustment to Tenant as a result of delays caused by matters outside of Landlord's control, including, without limitation, Tenant's conduct, acts of God, acts of war, inclement weather and/or labor strikes (including strikes affecting the supply of labor and/or materials)effect.

DELAY IN POSSESSION. If Notwithstanding the estimated Commencement Date specified in Section 1.7, if for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date in accordance with the requirements set forth in Paragraph 19.12 of this Leasesaid date, Landlord shall not be subject to any liability therefore, nor shall such failure shall not affect the validity of this LeaseLease or the obligations of Tenant hereunder or extend the Term hereof; provided, extend its Termhowever, or render Landlord liable for any resulting damagein such a case, but Tenant shall not be obligated to pay rent or perform any other charge obligation of Tenant under this lease Lease except as may be otherwise provided in this Lease, until Landlord tenders possessionpossession of the Premises is tendered to Tenant, as defined in Section 3.4. If Landlord canshall not deliver have tendered possession within 120 DAYS of the Premises to Tenant within ninety(90) days following the estimated Commencement DateDate specified in Section 1.7, as the same may be extended in accordance with Section 3.3 or under the terms of any work letter agreement entered into by Landlord and Tenant, Tenant 2 may may, at Tenant’s option, by notice in writing to Landlord within ten (10) days after the expiration of the ninety (90) day period, terminate this Lease. If Tenant terminates this Lease as provided in the preceding sentence, the Parties shall be discharged from all obligations hereunder, except that Landlord shall return all money previously deposited with Landlord by Tenant; and provided further, that if such written notice by Tenant is not received by Landlord within said ten (10) day period, Tenant shall not have the right to terminate this Lease on written notice as provided above unless Landlord fails to Landlord. In such event, Tenant shall no further recourse against Landlord respecting the Lease. However, in the event that Landlord is unable to deliver tender possession of the Premises to Tenant within ninety (90) days following the estimated Commencement Date specified in Section 1.7, as the same may be extended in accordance with Section 3.3 or under any work letter agreement entered into by Landlord and Tenant. Notwithstanding the foregoing if Landlord is unable to deliver possession of the Commencement Date, Premises to Tenant shall be entitled to offset the amount of $833.00 per day against the rent due to Landlord from Tenant for those other Premises at Building A at 1001 West Cutting covered by that certain Lease between Landlord and Tenant dated April 1996, for each day past the ninetieth day after on the Commencement Date that due to a "Force Majeure Event", the Premises are not delivered to Tenant in completed condition. Notwithstanding any other provision Commencement Date shall be extended by the period of this Lease, Landlord shall have no obligation to pay any damages or adjustment to Tenant as a result of delays the delay caused by matters outside of Landlord's controlthe Force Majeure Event. A Force Majeure Event shall mean fire, includingearthquake, without limitationweather delays, Tenant's conduct, or other acts of God, acts of strikes, boycotts, war, inclement weather and/or labor strikes (including strikes affecting the supply riot, insurrection, embargoes, shortages of labor and/or equipment, labor, or materials), delays in issuance of governmental permits or approvals.

DELAY IN POSSESSION. If Landlord Landlord, for any reason whatsoever, cannot deliver possession of the Premises to Tenant on prior or subsequent to the Estimated Commencement Date as set forth in Item 4 of the Basic Lease Provisions (“Estimated Commencement Date”), 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 cannot tender possession of the Premises in accordance with the requirements set forth provisions of Section 3.1(b) above due to any action or inaction of Tenant (including without limitation any Tenant Delay described in Paragraph 19.12 of the Work Letter, if any, attached to this Lease), such failure shall not affect the validity of this Lease, extend its Term, or render Landlord liable for any resulting damage, but Tenant shall not be obligated to pay rent or any other charge under this lease until Landlord tenders possession. If Landlord cannot deliver possession within 120 DAYS of then the Commencement Date, Date shall be deemed to have occurred and Landlord shall be entitled to full performance by Tenant 2 may terminate this Lease on written notice (including the payment of rent) from the date Landlord would have been able to Landlord. In such event, Tenant shall no further recourse against Landlord respecting the Lease. However, in the event that Landlord is unable to deliver so tender possession of the Premises to Tenant within ninety but for Tenant’s action or inaction, including without limitation any Tenant Delay described in the attached Work Letter, if any. Notwithstanding anything to the contrary contained in this Section 3.2, if for any reason other than “Tenant Delays” (90as defined in the Work Letter attached hereto), or other matters beyond Landlord’s reasonable control, the actual Commencement Date has not occurred by the date that is one hundred twenty (120) days following the Estimated Commencement Date (the “Outside Date”), then Tenant may, by written notice to Landlord given at any time thereafter but prior to the actual occurrence of the Commencement Date, Tenant shall be entitled elect to offset the amount of $833.00 per day against the rent due to Landlord from Tenant for those other Premises at Building A at 1001 West Cutting covered by terminate this Lease; provided, however, that certain Lease between Landlord and Tenant dated April 1996, for each day past the ninetieth day after if the Commencement Date occurs within ten (10) business days after delivery to Landlord of Tenant’s termination notice, this Lease shall continue in full force and effect. If the Commencement Date has not occurred within ten (10) business days after the date of delivery of Tenant’s termination notice, then this Lease shall terminate as of the tenth (10th) business day after delivery of the termination notice, and 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 Premises are Commencement Date will not delivered to Tenant in completed condition. Notwithstanding any other provision of this Leaseoccur on or before the Outside Date, Landlord shall have no obligation the right to pay any damages notify Tenant in writing of such fact and of a new Outside Date on or adjustment before which the Commencement Date will occur (the “New Outside Date”), and Tenant must elect within ten (10) days of delivery of such notice to Tenant 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 ten (10) day period shall be deemed Tenant’s waiver of its right to terminate this Lease as a result of delays caused provided in this paragraph as to the original Outside Date, but not as to the New Outside Date established by matters outside of Landlord's control, including, without limitation, Tenant's conduct, acts of God, acts of war, inclement weather and/or labor strikes (including strikes affecting the supply of labor and/or materials)said notice.

DELAY IN POSSESSION. If for any reason Landlord cannot deliver possession of the Premises to Tenant on or before the Commencement Date in accordance with the requirements set forth in Paragraph 19.12 of this LeaseDate. Landlord shall not be subject to any liability therefor, and such failure shall not affect the validity of this Lease, extend its Term, Lease or render Landlord liable for any resulting damagethe obligations of Tenant hereunder, but in such case, Tenant shall not be obligated to pay rent Monthly Rent or any Additional Rent other charge than as provided in Section 3.3 and Section 3.5 until possession of the Premises has been delivered to Tenant (which date shall then be deemed the "Commencement Date" for all purposes under this lease until Landlord tenders possessionLease). If Landlord cannot deliver If, due to Landlord's delay in delivering possession within 120 DAYS of the Premises, the Commencement DateDate has not occurred within sixty (60) days following the date set forth in Item 7 of the Basic Lease Provisions plus periods attributable to Tenant Delays or Unavoidable Delay, Tenant 2 may may, at its option, by Notice to Landlord within ten (10) days thereafter, terminate this Lease on written Lease, in which event the parties shall be discharged from all further obligations hereunder; provided, however, if Tenant fails to give such notice to Landlord. In Landlord within such eventten-day period, Tenant shall no further recourse against Landlord respecting longer have the Lease. However, in the event that Landlord is unable right to deliver possession of the Premises to Tenant within ninety (90) days of the Commencement Date, Tenant shall be entitled to offset the amount of $833.00 per day against the rent due to Landlord from Tenant for those other Premises at Building A at 1001 West Cutting covered by that certain terminate this Lease between Landlord and Tenant dated April 1996, for each day past the ninetieth day after the Commencement Date that the Premises are not delivered to Tenant in completed condition. Notwithstanding any other provision of under this Lease, Landlord shall have no obligation to pay any damages or adjustment to Tenant as a result of delays caused by matters outside of Landlord's control, including, without limitation, Tenant's conduct, acts of God, acts of war, inclement weather and/or labor strikes (including strikes affecting the supply of labor and/or materials)Section 3.

DELAY IN POSSESSION. If Notwithstanding the Commencement Date specified in Section 1.7, if for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date in accordance with the requirements set forth in Paragraph 19.12 of this Leasesaid date, Landlord shall not be subject to any liability therefor, nor shall such failure shall not affect the validity of this LeaseLease or the obligations of Tenant hereunder or extend the Term hereof; provided, extend its Termhowever, or render Landlord liable for any resulting damagein such a case, but Tenant shall not be obligated to pay rent or perform any other charge obligation of Tenant under this lease Lease, except as may be otherwise provided in this Lease, until Landlord tenders possessionpossession of the Premises is tendered to Tenant, as defined in Section 3.4. If Landlord canshall not deliver have tendered possession within 120 DAYS of the Premises to Tenant within sixty (60) days following the Commencement DateDate specified in Section 1.7, Tenant 2 may may, at Tenant's option, by notice in writing to Landlord within ten (10) days after the expiration of the sixty (60) day period, terminate this Lease. If Tenant terminates this Lease as provided in the preceding sentence, the parties shall be discharged from all obligations hereunder, except that Landlord shall return any money previously deposited with Landlord by Tenant; and provided further, that if such written notice by Tenant is not received by Landlord within said ten (10) day period, Tenant shall not have the right to terminate this Lease on written notice as provided above unless Landlord fails to Landlordtender possession of the Premises to Tenant within one hundred twenty (120) days following the Commencement Date specified in Section 1.7. In such event, Tenant shall no further recourse against Landlord respecting the Lease. However, in the event that If Landlord is unable to deliver possession of the Premises to Tenant within ninety (90) days of the Commencement Date, Tenant shall be entitled to offset the amount of $833.00 per day against the rent due to Landlord from Tenant for those other Premises at Building A at 1001 West Cutting covered by that certain Lease between Landlord and Tenant dated April 1996, for each day past the ninetieth day after on the Commencement Date that due to a "Force Majeure Event," the Premises are not delivered to Tenant in completed condition. Notwithstanding any other provision Commencement Date shall be extended by the period of this Lease, Landlord shall have no obligation to pay any damages or adjustment to Tenant as a result of delays the delay caused by matters outside of Landlord's controlthe Force Majeure Event. A Force Majeure Event shall mean fire, includingearthquake, without limitation, Tenant's conduct, weather delays or other acts of God, acts of strikes, boycotts, war, inclement weather and/or riot, insurrection, embargoes, shortages of equipment, labor strikes (including strikes affecting or materials, delays in issuance of governmental permits or approvals, or any other cause beyond the supply reasonable control of labor and/or materials)Landlord.

DELAY IN POSSESSION. If Notwithstanding the estimated Commencement Date specified in Section 1.10, if for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date in accordance with the requirements set forth in Paragraph 19.12 of this Leasesaid date or any other date, Landlord shall not be subject to any liability therefor, nor shall such failure shall not affect the validity of this LeaseLease or the obligations of Tenant hereunder; provided, extend its Termhowever, or render Landlord liable for any resulting damagein such a case, but Tenant shall not be obligated to pay rent or perform any other charge obligation of Tenant under this lease Lease, except as may be otherwise provided in this Lease, until Landlord tenders possessionpossession of the Premises is tendered to Tenant, as defined in Section 3.4. If Landlord canshall not deliver have tendered possession within 120 DAYS of the Premises to Tenant within one hundred twenty (120) days following the estimated Commencement DateDate specified in Section 1.10, as the same may be adjusted in accordance with this Section 3.2 or Section 3.3 or in accordance with the terms of any work letter agreement attached to this Lease, Tenant 2 may may, at Tenant's option, by notice in writing to Landlord within ten (10) days after the expiration of the one hundred twenty (120) day period, terminate this Lease. If Tenant terminates this Lease as provided in the preceding sentence, the parties shall be discharged from all obligations hereunder, except that Landlord shall return any money previously deposited with Landlord by Tenant; and provided further, that if such written notice by Tenant is not received by Landlord within said ten (10) day period, Tenant shall not have the right to terminate this Lease on written notice as provided above unless Landlord fails to Landlord. In such eventtender possession of the Premises to Tenant within two hundred forty (240) days following the estimated Commencement Date specified in Section 1.10, Tenant shall no further recourse against Landlord respecting as the same may be adjusted in accordance with this Section 3.2 or Section 3.3 or in accordance with the terms of any work letter agreement attached to this Lease. However, in the event that If Landlord is unable to deliver possession of the Premises to Tenant within ninety (90) days of on the Commencement Date, Tenant shall be entitled to offset the amount of $833.00 per day against the rent due to Landlord from Tenant for those other Premises at Building A at 1001 West Cutting covered by that certain Lease between Landlord and Tenant dated April 1996, for each day past the ninetieth day after the estimated Commencement Date that specified in Section 1.10, as the Premises are not delivered same may be adjusted in accordance with this Section 3.2 or Section 3.3 or in accordance with the terms of any work letter agreement attached to Tenant in completed condition. Notwithstanding any other provision of this Lease, Landlord shall have no obligation due to pay any damages or adjustment to Tenant a Force Majeure Event (as a result of delays caused by matters outside of Landlord's control, including, without limitation, Tenant's conduct, acts of God, acts of war, inclement weather and/or labor strikes (including strikes affecting the supply of labor and/or materials).defined

DELAY IN POSSESSION. If Landlord Landlord, for any reason whatsoever, cannot deliver possession of the Premises to Tenant on or before the Estimated Commencement Date in accordance with the requirements set forth in Paragraph 19.12 of Date, this Lease, such failure Lease shall not affect the validity of this Lease, extend its Term, be void or render voidable nor shall Landlord be liable to Tenant for any resulting loss or damage. However, but Tenant shall not be obligated to pay liable for any rent or any other charge under this lease and the Commencement Date shall not occur until Landlord tenders possession. If Landlord cannot delivers possession of the Premises and all conditions to the Commencement Date specified in Section 3.1 above have been satisfied, except that if Landlord's failure to so deliver possession within 120 DAYS of on the Estimated Commencement Date, or the failure of any of the conditions to the Commencement Date specified in Section 3.1 above, are attributable to any action or inaction by Tenant 2 may (including without limitation any Tenant Delay described 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). If for reasons other than "Tenant Delays" as defined in the Work Letter attached hereto as EXHIBIT X or matters beyond Landlord's reasonable control, the Commencement Date has not occurred by December 31, 1999 ("Outside Date"), then Tenant shall have the right to terminate this Lease on upon thirty (30) days prior written notice to Landlord delivered at any time following the Outside Date and prior to Landlord. In such event, Tenant shall no further recourse against Landlord respecting the Lease. However, in the event that Landlord is unable to deliver possession 's delivery of the Premises to Tenant within ninety in the condition required under EXHIBIT X, and this Lease shall terminate thirty (9030) days of the Commencement Date, Tenant after such notice unless Landlord shall be entitled to offset the amount of $833.00 per day against the rent due to Landlord from Tenant for those other Premises at Building A at 1001 West Cutting covered by that certain Lease between Landlord and Tenant dated April 1996, for each day past the ninetieth day after the Commencement Date that so deliver the Premises are not delivered to Tenant in completed condition. Notwithstanding any other provision of this Lease, Landlord shall have no obligation to pay any damages or adjustment to Tenant as a result of delays caused by matters outside of Landlord's control, including, without limitation, Tenant's conduct, acts of God, acts of war, inclement weather and/or labor strikes within said thirty (including strikes affecting the supply of labor and/or materials)30) days.

DELAY IN POSSESSION. If Notwithstanding the estimated Commencement Date specified in section 1.8, if for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date in accordance with the requirements set forth in Paragraph 19.12 of this Leasesaid date, Landlord shall not be subject to any liability therefor, nor shall such failure shall not affect the validity of this LeaseLease or the obligations of Tenant hereunder; provided, extend its Termhowever, or render Landlord liable for any resulting damagein such a case, but Tenant shall not be obligated to pay rent or perform any other charge obligation of Tenant under this lease Lease, except as may be otherwise provided in this Lease, until Landlord tenders possessionpossession of the Premises is tendered to Tenant, as defined in section 3.4. If Landlord canshall not deliver possession within 120 DAYS of the Commencement Date, Tenant 2 may terminate this Lease on written notice to Landlord. In such event, Tenant shall no further recourse against Landlord respecting the Lease. However, in the event that Landlord is unable to deliver have tendered possession of the Premises to Tenant within ninety sixty (9060) days following the estimated Commencement Date specified in section 1.8, Tenant may, at Tenant's option, by notice in writing to Landlord within ten (10) days after the expiration of the Commencement Datesixty (60) day period, terminate this Lease. If Tenant terminates this Lease as provided in the preceding sentence, the parties shall be discharged from all obligations hereunder, except that Landlord shall return any money previously deposited with Landlord by Tenant; and provided further, that if such written notice by Tenant is not received by Landlord within said ten (10) day period, Tenant shall be entitled not have the right to offset terminate this Lease as provided above unless Landlord fails to tender possession of the amount of $833.00 per day against Premises to Tenant within one hundred twenty (120) days following the rent due to Landlord from Tenant for those other Premises at Building A at 1001 West Cutting covered by that certain Lease between Landlord and Tenant dated April 1996, for each day past the ninetieth day after the estimated Commencement Date that the Premises are not delivered to Tenant specified in completed condition. Notwithstanding any other provision of this Lease, Landlord shall have no obligation to pay any damages or adjustment to Tenant as a result of delays caused by matters outside of Landlord's control, including, without limitation, Tenant's conduct, acts of God, acts of war, inclement weather and/or labor strikes (including strikes affecting the supply of labor and/or materials)section 1.

DELAY IN POSSESSION. If Landlord Landlord, for any reason whatsoever, cannot deliver possession of the Premises to Tenant on prior or subsequent to the Estimated Commencement Date as set forth in Item 4 of the Basic Lease Provisions (“Estimated Commencement Date”), 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 cannot tender possession of the Premises in accordance with the requirements set forth provisions of Section 3.1(b) above due to any action or inaction of Tenant (including without limitation any Tenant Delay described in Paragraph 19.12 of the Work Letter, if any, attached to this Lease), such failure shall not affect the validity of this Lease, extend its Term, or render Landlord liable for any resulting damage, but Tenant shall not be obligated to pay rent or any other charge under this lease until Landlord tenders possession. If Landlord cannot deliver possession within 120 DAYS of then the Commencement Date, Date shall be deemed to have occurred and Landlord shall be entitled to full performance by Tenant 2 may terminate this Lease on written notice (including the payment of rent) from the date Landlord would have been able to Landlord. In such event, Tenant shall no further recourse against Landlord respecting the Lease. However, in the event that Landlord is unable to deliver so tender possession of the Premises to Tenant within ninety but for Tenant’s action or inaction, including without limitation any Tenant Delay described in the attached Work Letter, if any. Notwithstanding anything to the contrary contained in this Section 3.2, if for any reason other than “Tenant Delays” (90as defined in the Work Letter attached hereto), or other matters beyond Landlord’s reasonable control, the actual Commencement Date has not occurred by the date that is one hundred fifty (150) days following the Estimated Commencement Date of this Lease (the “Outside Date”), then Tenant may, by written notice to Landlord given at any time thereafter but prior to the actual occurrence of the Commencement Date, Tenant shall be entitled elect to offset the amount of $833.00 per day against the rent due to Landlord from Tenant for those other Premises at Building A at 1001 West Cutting covered by terminate this Lease; provided, however, that certain Lease between Landlord and Tenant dated April 1996, for each day past the ninetieth day after if the Commencement Date occurs within ten (10) business days after delivery to Landlord of Tenant’s termination notice, this Lease shall continue in full force and effect. If the Commencement Date has not occurred within ten (10) business days after the date of delivery of Tenant’s termination notice, then this Lease shall terminate as of the tenth (10th) business day after delivery of the termination notice, and 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 Premises are Commencement Date will not delivered to Tenant in completed condition. Notwithstanding any other provision of this Leaseoccur on or before the Outside Date, Landlord shall have no obligation the right to pay any damages notify Tenant in writing of such fact and of a new Outside Date on or adjustment before which the Commencement Date will occur (the “New Outside Date”), and Tenant must elect within ten (10) days of delivery of such notice to Tenant 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 ten (10) day period shall be deemed Tenant’s waiver of its right to terminate this Lease as a result of delays caused provided in this paragraph as to the original Outside Date, but not as to the New Outside Date established by matters outside of Landlord's control, including, without limitation, Tenant's conduct, acts of God, acts of war, inclement weather and/or labor strikes (including strikes affecting the supply of labor and/or materials)said notice.

DELAY IN POSSESSION. If for any reason Landlord cannot deliver possession of the Premises to Tenant on 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 in accordance with the requirements set forth in Paragraph 19.12 of this LeaseDate, Landlord shall not be subject to any liability therefor, nor shall such failure shall not affect the validity of this Lease, extend its Termor the obligations of Tenant hereunder, or render Landlord liable for any resulting damageextend the term hereof, but in such case, Tenant shall not not, except as otherwise provided herein, be obligated to pay rent or perform any other charge obligation of Tenant under the terms of this lease Lease until Landlord tenders possession. If Landlord cannot deliver possession within 120 DAYS of the Commencement Date, Tenant 2 may terminate this Lease on written notice to Landlord. In such event, Tenant shall no further recourse against Landlord respecting the Lease. However, in the event that Landlord is unable to deliver delivers possession of the Premises to Tenant. If possession of the Premises is not delivered to Tenant within ninety thirty (9030) days of after the Commencement Date, Tenant shall be entitled to offset the amount one (1) days of $833.00 per day against the rent due to Landlord from Tenant for those other Premises at Building A at 1001 West Cutting covered by that certain Lease between Landlord and Tenant dated April 1996, abatement for each one (1) day past of delay in delivery of the ninetieth day Premises. If possession of the Premises is not delivered within sixty (60) days after the Commencement Date that Date, Tenant may, at its option, by notice in writing to Landlord within ten (10) days after the Premises are not delivered to Tenant in completed condition. Notwithstanding any other provision end of 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 Tenant is not received by Landlord shall have no obligation to pay any damages or adjustment to Tenant as a result of delays caused by matters outside of Landlord's control, including, without limitationwithin said ten (10) day period, Tenant's conduct, acts ’s right to cancel this Lease hereunder shall terminate and be of God, acts of war, inclement weather and/or labor strikes (including strikes affecting the supply of labor and/or materials)no further force or effect.

DELAY IN POSSESSION. If Notwithstanding the estimated Commencement Date specified in Section 1.7, if for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date in accordance with the requirements set forth in Paragraph 19.12 of this Leasesaid date, Landlord shall not be subject to any liability therefor, nor shall such failure shall not affect the validity of this LeaseLease or the obligations of Tenant hereunder; provided, extend its Termhowever, or render Landlord liable for any resulting damagein such a case, but Tenant shall not be obligated to pay rent or perform any other charge obligation of Tenant under this lease Lease, except as may be otherwise provided in this Lease, until Landlord tenders possessionpossession of the Premises is tendered to Tenant, as defined in Section 3.4. If Landlord canshall not deliver have tendered possession within 120 DAYS of the Premises to Tenant within sixty (60) days following the estimated Commencement DateDate specified in Section 1.7, as the same may be adjusted in accordance with Section 3.3 or in accordance with the terms of any work letter agreement entered into by Landlord and Tenant, Tenant 2 may may, at Tenant’s option, by notice in writing to Landlord within ten (10) days after the expiration of the sixty (60) day period, terminate this Lease on written notice to Landlord. In such event, Tenant shall no further recourse against Landlord respecting the Lease. However, If Tenant terminates this Lease as provided in the event preceding sentence, the parties shall be discharged from all obligations hereunder, except that Landlord shall return any money previously deposited with Landlord by Tenant. If Landlord is unable to deliver possession of the Premises to Tenant within ninety (90) days of the Commencement Date, Tenant shall be entitled to offset the amount of $833.00 per day against the rent due to Landlord from Tenant for those other Premises at Building A at 1001 West Cutting covered by that certain Lease between Landlord and Tenant dated April 1996, for each day past the ninetieth day after on the Commencement Date that due to a “Force Majeure Event,” the Premises are not delivered to Tenant in completed condition. Notwithstanding any other provision Commencement Date shall be extended by the period of this Lease, Landlord shall have no obligation to pay any damages or adjustment to Tenant as a result of delays the delay caused by matters outside of Landlord's controlthe Force Majeure Event. A Force Majeure Event shall mean fire, includingearthquake, without limitation, Tenant's conduct, weather delays or other acts of God, acts of strikes, boycotts, war, inclement weather and/or riot, insurrection, embargoes, shortages of equipment, labor strikes (including strikes affecting or materials, delays in issuance of governmental permits or approvals, or any other cause beyond the supply reasonable control of labor and/or materials)Landlord.

DELAY IN POSSESSION. If Landlord cannot agrees to use commercially reasonable efforts to deliver possession of the Premises to Tenant on by the Commencement Date in accordance with the requirements set forth in Paragraph 19.12 of this LeaseScheduled Delivery Date. If, such failure shall not affect the validity of this Leasedespite said efforts, extend its Term, or render Landlord liable for any resulting damage, but Tenant shall not be obligated to pay rent or any other charge under this lease until Landlord tenders possession. If Landlord cannot deliver possession within 120 DAYS of the Commencement Date, Tenant 2 may terminate this Lease on written notice to Landlord. In such event, Tenant shall no further recourse against Landlord respecting the Lease. However, in the event that Landlord is unable to deliver possession of the Premises to Tenant within ninety (90) days by the Scheduled Delivery Date, Landlord shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease. Tenant shall not, however, be obligated to pay Rent or perform its other obligations until it receives possession of the Premises. If possession is not delivered within one (1) month after the Scheduled Commencement Date, Tenant shall be entitled to offset the amount of $833.00 per day against the rent due to Landlord from Tenant for those other Premises may, at Building A at 1001 West Cutting covered its option, by that certain Lease between Landlord and Tenant dated April 1996, for each day past the ninetieth day notice in writing within ten (10) business days after the Commencement Date that the Premises are not delivered to Tenant in completed condition. Notwithstanding any other provision end of such one-month period, cancel this Lease, in which event the Parties shall be discharged from all obligations hereunder. If such written notice is not received by Landlord shall have no obligation to pay any damages or adjustment to Tenant as a result of delays caused by matters outside of Landlord's control, including, without limitationwithin said ten (10) business day period, Tenant's conductright to cancel shall terminate. If possession is not delivered within three (3) months after the Scheduled Commencement Date, acts Tenant may, at its option, by notice in writing within ten (10) business days after the end of Godsuch three (3) month period, acts of warcancel this Lease, inclement weather and/or labor strikes in which event the Parties shall be discharged from all obligations hereunder. If such written notice is not received by Landlord within said ten (including strikes affecting the supply of labor and/or materials)10) business day period, Tenant's right to cancel shall terminate.

DELAY IN POSSESSION. If Notwithstanding the estimated Commencement Date specified in Section 1.7, if for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date in accordance with the requirements set forth in Paragraph 19.12 of this Leasesaid date, Landlord shall not be subject to any liability therefor, nor shall such failure shall not affect the validity of this LeaseLease or the obligations of Tenant hereunder or extend the Term hereof; provided, extend its Termhowever, or render Landlord liable for any resulting damagein such a case, but Tenant shall not be obligated to pay rent or perform any other charge obligation of Tenant under this lease Lease, except as may be otherwise provided in this Lease, until Landlord tenders possessionpossession of the Premises is tendered to Tenant, as defined in Section 3.4. If Landlord canshall not deliver have tendered possession within 120 DAYS of the Premises to Tenant within one hundred twenty (120) days following the estimated Commencement DateDate specified in Section 1.7, as the same may be extended in accordance with Section 3.3 or under the terms of any work letter agreement entered into by Landlord and Tenant, Tenant 2 may may, at Tenant's option, by notice in writing to Landlord within ten (10) days after the expiration of the one hundred twenty (120) day period, terminate this Lease. If Tenant terminates this Lease as provided in the preceding sentence, the parties shall be discharged from all obligations hereunder, except that Landlord shall return any money previously deposited with Landlord by Tenant; and provided further, that if such written notice by Tenant is not received by Landlord within said ten (10) day period, Tenant shall not have the right to terminate this Lease on written notice as provided above unless Landlord fails to Landlordtender possession of the Premises to Tenant within two hundred forty (240) days following the estimated Commencement Date specified in Section 1.7, as the same may be extended in accordance with Section 3.3 or under any work letter agreement entered into by Landlord and Tenant. In such event, Tenant shall no further recourse against Landlord respecting the Lease. However, in the event that If Landlord is unable to deliver possession of the Premises to Tenant within ninety (90) days of the Commencement Date, Tenant shall be entitled to offset the amount of $833.00 per day against the rent due to Landlord from Tenant for those other Premises at Building A at 1001 West Cutting covered by that certain Lease between Landlord and Tenant dated April 1996, for each day past the ninetieth day after on the Commencement Date that due to a "Force Majeure Event," the Premises are not delivered to Tenant in completed condition. Notwithstanding any other provision Commencement Date shall be extended by the period of this Lease, Landlord shall have no obligation to pay any damages or adjustment to Tenant as a result of delays the delay caused by matters outside of Landlord's controlthe Force Majeure Event. A Force Majeure Event shall mean fire, includingearthquake, without limitation, Tenant's conduct, weather delays or other acts of God, acts of strikes, boycotts, war, inclement weather and/or riot, insurrection, embargoes, shortages of equipment, labor strikes (including strikes affecting or materials, delays in issuance of governmental permits or approvals, or any other cause beyond the supply reasonable control of labor and/or materials)Landlord.

DELAY IN POSSESSION. If Landlord Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Tenant Lessee on the said Commencement Date in accordance with the requirements set forth in Paragraph 19.12 of this LeaseDate, Lessor shall not be subject to any liability therefor, nor shall such failure shall not affect the validity of this LeaseLease or the obligations of Lessee hereunder; provided, extend its Termhowever, or render Landlord liable for any resulting damage, but Tenant shall that if Lessor has not be obligated to pay rent or any other charge under this lease until Landlord tenders possession. If Landlord cannot deliver possession within 120 DAYS of the Commencement Date, Tenant 2 may terminate this Lease on written notice to Landlord. In such event, Tenant shall no further recourse against Landlord respecting the Lease. However, in the event that Landlord is unable to deliver delivered possession of the Premises to Tenant within ninety (90) days of the from said Commencement Date, Tenant shall be entitled to offset the amount of $833.00 per day against the rent Date and said delay in delivery is not due to Landlord from Tenant for those other Premises Lessee’s action, or the action of any governmental agency, Lessee may, at Building A at 1001 West Cutting covered its option, by that certain Lease between Landlord and Tenant dated April 1996notice in writing to Lessor within ten (10) days thereafter, for each day past the ninetieth day after the Commencement Date that the Premises are not delivered to Tenant in completed condition. Notwithstanding any other provision of cancel this Lease, Landlord in which event the parties shall have 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 obligation further force or effect. If the date of delivery of Possession of the Premises to pay any damages or adjustment Lessee is later than the commencement date specified in Paragraph 3.1 above, then the term of this Lease shall be extended by the number of days between the commencement date and such actual delivery date, and Lessor and Lessee shall enter into an amendment to Tenant as a result of delays caused by matters outside of Landlord's control, including, without limitation, Tenant's conduct, acts of God, acts of war, inclement weather and/or labor strikes (including strikes affecting the supply of labor and/or materials)this lease setting forth such new expiration date.

DELAY IN POSSESSION. If Landlord cannot deliver possession of the Premises to Tenant on/or before the Commencement Date due to events or factors beyond Landlord's reasonable control, 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 and the Commencement Date shall not occur until Landlord delivers possession of the Premises and the Premises are in fact ready for occupancy in accordance with Section 3.1; except that if Landlord's failure to so deliver possession on the Commencement Date is attributable to: (i) Tenant's delays in accordance with the requirements set forth reasonable approval or preparation of plans and specifications for improvements, (ii) unreasonable delays caused by the Tenant's contractors or agents in Paragraph 19.12 of this Lease, such failure shall not affect the validity of this Lease, extend its Termperforming services for which Tenant is responsible, or render (iii) Tenant's negligence or willful misconduct, then Landlord liable for any resulting damage, but shall be entitled to full performance by Tenant shall not be obligated to pay rent or any other charge under this lease until Landlord tenders possession(including the payment of rent) from the Commencement Date. If Landlord candoes not deliver possession of the Property to Tenant within 120 DAYS of sixty (60) days after the Commencement Date, Tenant 2 may terminate elect to cancel this Lease on by giving written notice to LandlordLandlord within ten (10) days after the sixty (60) day period ends. In If Tenant gives such eventnotice, the Lease shall be canceled and neither Landlord nor Tenant shall no have any further recourse against Landlord respecting obligations to the Lease. However, in the event that Landlord is unable to deliver possession of the Premises to Tenant within ninety (90) days of the Commencement Date, Tenant shall be entitled to offset the amount of $833.00 per day against the rent due to Landlord from Tenant for those other Premises at Building A at 1001 West Cutting covered by that certain Lease between Landlord and Tenant dated April 1996, for each day past the ninetieth day after the Commencement Date that the Premises are not delivered to Tenant in completed condition. Notwithstanding any other provision of this Lease, Landlord shall have no obligation to pay any damages or adjustment to Tenant as a result of delays caused by matters outside of Landlord's control, including, without limitation, Tenant's conduct, acts of God, acts of war, inclement weather and/or labor strikes (including strikes affecting the supply of labor and/or materials)other.

DELAY IN POSSESSION. If for any reason Landlord cannot Substantially Complete (herein defined) the Landlord's Work (herein defined) and deliver possession of the Premises to Tenant on by the Base Rent Commencement Date in accordance with the requirements (as set forth in Paragraph 19.12 Section 1.10 of this Lease), Landlord shall not be subject to any liability therefor, nor shall such failure shall not affect the validity of this LeaseLease or the obligations of Tenant hereunder. In such case, extend its Term, or render Landlord liable for any resulting damage, but Tenant shall not not, except as otherwise provided herein, be obligated to pay rent Rent or perform any other charge obligation of Tenant under the terms of this lease Lease until Landlord tenders possession. If Landlord cannot deliver possession within 120 DAYS of the Commencement Date, Tenant 2 may terminate this Lease on written notice to Landlord. In such event, Tenant shall no further recourse against Landlord respecting the Lease. However, in the event that Landlord is unable to deliver delivers possession of the Premises to Tenant within ninety (90) days following Substantial Completion of the Commencement Date, Tenant shall be entitled to offset the amount Landlord's Work. If possession of $833.00 per day against the rent due to Landlord from Tenant for those other Premises at Building A at 1001 West Cutting covered by that certain Lease between Landlord and Tenant dated April 1996, for each day past the ninetieth day after the Commencement Date that the Premises are is not delivered to Tenant following Substantial Completion of the Landlord's Work within 60 days after the Base Rent Commencement Date (as set forth in completed condition. Notwithstanding any other provision Section 1.10 of this Lease) and such delay is not due to Tenant's acts, failure to act or omissions Tenant may by notice in writing to Landlord within 10 days after the end of said 60 day period cancel this Lease, whereupon Landlord shall have no obligation to pay any damages or adjustment promptly return to Tenant as a result all monies theretofore paid by Tenant to Landlord on account of delays caused the Security Deposit or any advance payments of Base Rent, and thereupon the Parties shall be discharged from all obligations hereunder. If such written notice of Tenant is not received by matters outside of Landlord's control, including, without limitationLandlord within said 10 day period, Tenant's conduct, acts of God, acts of war, inclement weather and/or labor strikes (including strikes affecting the supply of labor and/or materials)right to cancel this Lease shall terminate.

DELAY IN POSSESSION. If Landlord Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Tenant Lessee on the Commencement Date in accordance with the requirements set forth in Paragraph 19.12 of this Leasesaid date and subject to paragraph 3.2.2, Lessor shall not be subject to any liability therefor, nor shall such failure shall not affect the validity of this Leasethe Lease or the obligations of Lessee hereunder or extend the term hereof; but, extend its Termin such case, or render Landlord liable for any resulting damage, but Tenant Lessee shall not be obligated to pay rent or perform any other charge obligation of Lessee under the terms of this lease Lease, except as may be otherwise provided in this Lease, until Landlord tenders possession. If Landlord cannot deliver possession within 120 DAYS of the Commencement Date, Tenant 2 may terminate this Lease on written notice to Landlord. In such event, Tenant shall no further recourse against Landlord respecting the Lease. However, in the event that Landlord is unable to deliver possession of the Premises is tendered to Tenant Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered possession of the Premises within ninety sixty (9060) days of the following said Commencement Date, Tenant as the same may be extended under the terms of a Work Letter executed by Lessor and Lessee, Lessee may, at Lessee's option, by notice in writing to Lessor within ten (10) days thereafter, cancel this Lease. In which event the parties shall be entitled discharged from all obligations hereunder; provided, however, that, as to offset the amount Lessor's obligations, Lessor shall return any money previously deposited by Lessee; and provided further, that if such written notice by Lessee is not received by Lessor within said (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of $833.00 per day against the rent due to Landlord from Tenant for those other Premises at Building A at 1001 West Cutting covered by that certain Lease between Landlord and Tenant dated April 1996, for each day past the ninetieth day after the Commencement Date that the Premises are not delivered to Tenant in completed condition. Notwithstanding any other provision of this Lease, Landlord shall have no obligation to pay any damages further force or adjustment to Tenant as a result of delays caused by matters outside of Landlord's control, including, without limitation, Tenant's conduct, acts of God, acts of war, inclement weather and/or labor strikes (including strikes affecting the supply of labor and/or materials)effect.

DELAY IN POSSESSION. If Landlord Landlord, for any reason whatsoever, cannot deliver possession of the Premises to Tenant on or before the Estimated Commencement Date in accordance with the requirements set forth in Paragraph 19.12 of Date, this Lease, such failure Lease shall not affect the validity of this Lease, extend its Term, be void or render voidable nor shall Landlord be liable to Tenant for any resulting loss or damage. However, but Tenant shall not be obligated to pay liable for any rent or any other charge under until the Commencement Date of this lease until Landlord tenders possession. If Lease has occurred as provided in Section 3.1 above, except that if Landlord cannot so tender possession of the Premises on the Estimated Commencement Date as provided in Section 3.1(i) above due to any action or inaction of Tenant (including without limitation any “Tenant Delay” described in the Work Letter attached to this Lease), then the Commencement Date shall be deemed to have occurred on the date Landlord would have been able to deliver possession within 120 DAYS the Premises to Tenant but for Tenant’s action or inaction, including without limitation any Tenant Delay described in the attached Work Letter. 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 date that is one hundred twenty (120) days following the Estimated Commencement Date shown on Item 4 of the Basic Lease Provisions, then Tenant may, by written notice to Landlord given at any time thereafter but prior to the actual occurrence of the Commencement Date, elect to terminate this Lease. Notwithstanding the foregoing, if at any time during the construction period, Landlord reasonably believes that the Commencement Date will not occur on or before one hundred twenty (120) days following the Estimated Commencement Date, Landlord may notify Tenant 2 may in writing 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 of receipt of such notice to either terminate this Lease on written notice or waive its right to Landlord. In such event, Tenant shall no further recourse against Landlord respecting the Lease. However, in the event that Landlord is unable to deliver possession of the Premises to Tenant within ninety (90) days of the Commencement Date, Tenant shall be entitled to offset the amount of $833.00 per day against the rent due to Landlord from Tenant for those other Premises at Building A at 1001 West Cutting covered by that certain terminate this Lease between Landlord and Tenant dated April 1996, for each day past the ninetieth day after provided the Commencement Date that occurs on or prior to the Premises are new outside date established by Landlord in such notice to Tenant. Tenant’s failure to elect to terminate this Lease within such ten (10) day period shall be deemed Tenant’s waiver of its right to terminate this Lease as provided in this paragraph as to the previous outside date, but not delivered as to Tenant in completed condition. Notwithstanding any other provision of this Lease, Landlord shall have no obligation to pay any damages or adjustment to Tenant as a result of delays caused the new outside date established by matters outside of Landlord's control, including, without limitation, Tenant's conduct, acts of God, acts of war, inclement weather and/or labor strikes (including strikes affecting the supply of labor and/or materials)said notice.

DELAY IN POSSESSION. If Notwithstanding said Commencement Date, if for any reason Landlord cannot can deliver possession of the Premises to Tenant on the Commencement Date in accordance with the requirements set forth in Paragraph 19.12 of this Leasesaid date and subject to paragraph 3.2.2, Landlord shall not be subject to any liability therefor, nor shall such failure shall not affect the validity of this LeaseLease or the obligations of Tenant hereunder or extend the term hereof; but, extend its Termin such case, or render Landlord liable for any resulting damage, but Tenant shall not be obligated to pay rent Rent or perform any other charge obligation of Tenant under the terms of this lease Lease, except as may be otherwise provided in this Lease, until Landlord tenders possession. If Landlord cannot deliver possession within 120 DAYS of the Commencement Date, Tenant 2 may terminate this Lease on written notice to Landlord. In such event, Tenant shall no further recourse against Landlord respecting the Lease. However, in the event that Landlord is unable to deliver possession of the Premises is tendered to Tenant Tenant, as hereinafter defined, provided, however, that if Landlord shall not have delivered possession of the Premises within ninety sixty (9060) days of the following said Commencement Date, as the same may be extended under the terms of a Work Letter, if any, executed by Landlord and Tenant, Tenant shall be entitled to offset the amount of $833.00 per day against the rent due may, at Tenant's option, by written notice to Landlord from Tenant for those other Premises at Building A at 1001 West Cutting covered by that certain Lease between Landlord and Tenant dated April 1996within ten (10) days thereafter, for each day past the ninetieth day after the Commencement Date that the Premises are not delivered to Tenant in completed condition. Notwithstanding any other provision of cancel this Lease, in which event the parties shall be discharged from all obligations hereunder, except that Tenant shall promptly reimburse Landlord for all costs incurred for Non-Standard Improvements and Landlord shall have no obligation to pay return any damages or adjustment to money previously deposited by Tenant as a result of delays caused (less any offsets due Landlord for Non-Standard Improvements). If Tenant's written notice is not received by matters outside of Landlord's control, including, without limitationLandlord within said ten (10) day period, Tenant's conduct, acts right to cancel this Lease hereunder shall terminate and be of God, acts of war, inclement weather and/or labor strikes (including strikes affecting the supply of labor and/or materials)no further force or effect.

DELAY IN POSSESSION. If Notwithstanding the estimated Commencement Date specified in Section 1.7, if for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date in accordance with the requirements set forth in Paragraph 19.12 of this Leasesaid date, Landlord shall not be subject to any liability therefor, nor shall such failure shall not affect the validity of this LeaseLease or the obligations of Tenant hereunder; provided, extend its Termhowever, or render Landlord liable for any resulting damagein such a case, but the Term shall not commence and Tenant shall not be obligated to pay rent or perform any other charge obligation of Tenant under this lease Lease, except as may be otherwise provided in this Lease, until Landlord tenders possessionpossession of the Premises is tendered to Tenant, as defined in Section 3.4. If Landlord canshall not deliver have tendered possession within 120 DAYS of the Premises to Tenant within one hundred thirty-five (135) days following the estimated Commencement DateDate specified in Section 1.7, as the same may be extended in accordance with Section 3.3 or under the terms of any work letter agreement entered into by Landlord and Tenant, Tenant 2 may may, at Tenant’s option, by notice in writing to Landlord within ten (10) days after the expiration of the one hundred thirty-five (135) day period, terminate this Lease. If Tenant terminates this Lease as provided in the preceding sentence, the parties shall be discharged from all obligations hereunder, except that Landlord shall return any money previously deposited with Landlord by Tenant; and provided further, that if such written notice by Tenant is not received by Landlord within said ten (10) day period, Tenant shall not have the right to terminate this Lease on written notice as provided above unless Landlord fails to Landlordtender possession of the Premises to Tenant within one hundred eighty (180) days following the estimated Commencement Date specified in Section 1.7, as the same may be extended in accordance with Section 3.3 or under any work letter agreement entered into by Landlord and Tenant. In such event, Tenant shall no further recourse against Landlord respecting the Lease. However, in the event that If Landlord is unable to deliver possession of the Premises to Tenant within ninety (90) days of the Commencement Date, Tenant shall be entitled to offset the amount of $833.00 per day against the rent due to Landlord from Tenant for those other Premises at Building A at 1001 West Cutting covered by that certain Lease between Landlord and Tenant dated April 1996, for each day past the ninetieth day after on the Commencement Date that due to a “Force Majeure Event,” the Premises are not delivered to Tenant in completed condition. Notwithstanding any other provision Commencement Date shall be extended by the period of this Lease, Landlord shall have no obligation to pay any damages or adjustment to Tenant as a result of delays the delay caused by matters outside of Landlord's controlthe Force Majeure Event. A Force Majeure Event shall mean fire, includingearthquake, without limitation, Tenant's conduct, weather delays or other acts of God, acts of strikes, boycotts, war, inclement weather and/or riot, insurrection, embargoes, shortages of equipment, labor strikes (including strikes affecting or materials, delays in issuance of governmental permits or approvals, or any other cause beyond the supply reasonable control of labor and/or materials)Landlord.

DELAY IN POSSESSION. If Landlord Notwithstanding said commencement date, if for any reason Lessor cannot deliver possession of the Premises to Tenant Lessee on the Commencement Date in accordance with the requirements set forth in Paragraph 19.12 of this Leasesaid date, Lessor shall not be subject to any liability therefor, nor shall such failure shall not affect the validity of this Lease, extend its Term, Lease or render Landlord liable for any resulting damagethe obligations of Lessee hereunder, but Tenant in such case, Lessee shall not be obligated to pay rent or perform any other charge obligation of Lessee under the terms of this lease Lease, except as may be otherwise provided in this Lease, until Landlord tenders possession. If Landlord cannot deliver possession within 120 DAYS of the Commencement Date, Tenant 2 may terminate this Lease on written notice to Landlord. In such event, Tenant shall no further recourse against Landlord respecting the Lease. However, in the event that Landlord is unable to deliver possession of the Premises is tendered to Tenant Lessee; provided, however, that if Lessor has not delivered possession of the Premises within ninety thirty (9030) days of the Commencement Date, Tenant shall be entitled to offset the amount of $833.00 per day against the rent from said commencement date and said delay in delivery is not due to Landlord from Tenant for those other Premises Lessee's action, or the action of any governmental agency, Lessee may, at Building A at 1001 West Cutting covered its option, by that certain Lease between Landlord and Tenant dated April 1996notice in writing to Lessor within ten (10) days thereafter, for each day past the ninetieth day after the Commencement Date that the Premises are not delivered to Tenant in completed condition. Notwithstanding any other provision of cancel this Lease, Landlord in which event the parties shall have 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 obligation further force or effect. If the date of delivery of Possession of the Premises to pay any damages or adjustment Lessee is later than the commencement date specified in Paragraph 3.1 above, then the term of this Lease shall be extended by the number of days between the commencement date and such delivery date, and Lessor and Lessee shall enter into an amendment to Tenant as a result of delays caused by matters outside of Landlord's control, including, without limitation, Tenant's conduct, acts of God, acts of war, inclement weather and/or labor strikes (including strikes affecting the supply of labor and/or materials)this lease setting forth such new expiration date.

DELAY IN POSSESSION. If for any reason Landlord cannot deliver possession of the Premises to Tenant on by the Commencement Date in accordance with the requirements set forth in Paragraph 19.12 of this LeaseDate, except as provided below, Landlord shall not be subject to any liability therefor, nor shall such failure shall not affect the validity of this LeaseLease or the obligations of Tenant hereunder. In such case, extend its Term, or render Landlord liable for any resulting damage, but Tenant shall not not, except as otherwise provided herein, be obligated to pay rent Rent or perform any other charge obligation of Tenant under the terms of this lease Lease until Landlord tenders possession. If Landlord cannot deliver possession within 120 DAYS of the Commencement Date, Tenant 2 may terminate this Lease on written notice to Landlord. In such event, Tenant shall no further recourse against Landlord respecting the Lease. However, in the event that Landlord is unable to deliver delivers possession of the Premises to Tenant. The term of the Lease shall commence on the earlier of (a) the date Tenant takes possession of the Premises or (b) 10 days following notice to Tenant that Landlord is prepared to tender possession of the Premises to Tenant. If possession of the Premises is not delivered to Tenant within ninety (90) 60 days of the Commencement Date, Tenant shall be entitled to offset the amount of $833.00 per day against the rent due to Landlord from Tenant for those other Premises at Building A at 1001 West Cutting covered by that certain Lease between Landlord and Tenant dated April 1996, for each day past the ninetieth day after the Commencement Date that and such delay is not due to Tenant's acts, failure to act, or omissions, Tenant shall have the Premises are option to either (i) by notice in writing to Landlord within 10 days after the end of said 60-day period cancel this Lease and the parties shall be discharged from all obligations hereunder; or (ii) elect not delivered to Tenant in completed condition. Notwithstanding any other provision of cancel this Lease, in which case Tenant shall receive rent abatement, to be applied to the rent coming due when the term of the Lease commences, equal to one day for each day following such sixtieth (60th) day that Landlord shall have no obligation fails to pay any damages or adjustment deliver the Premises to Tenant as a result If such written notice of delays caused Tenant's cancellation under (i) above is not received by matters outside of Landlord's control, including, without limitationLandlord within said 10-day period, Tenant's conduct, acts of God, acts of war, inclement weather and/or labor strikes right to cancel this Lease shall terminate and Tenant shall be deemed to have elected option (including strikes affecting the supply of labor and/or materials)ii) above.

DELAY IN POSSESSION. If Section 3.2 of the Lease is hereby deleted in ------------------- its entirety and the following Section 3.2 is substituted in lieu thereof: (a) Notwithstanding the estimated Commencement Dates specified in Section 1.7, if for any reason Landlord cannot deliver possession of the Premises B, Premises C and/or Premises D on its respective estimated Commencement Date, Landlord shall not be subject to Tenant on the Commencement Date in accordance with the requirements set forth in Paragraph 19.12 of this Leaseany liability therefor, nor shall such failure shall not affect the validity of this LeaseLease or the obligations of Tenant hereunder or extend the Term hereof; provided, extend its Termhowever, or render Landlord liable for any resulting damagein such a case, but Tenant shall not be obligated to pay rent or perform any other charge obligation of Tenant under this lease Lease, except as may be otherwise provided in this Lease, until the respective Commencement Dates set forth in Addendum Paragraph 1. Landlord tenders possessionagrees to use best efforts to deliver the applicable Premises to Tenant within one hundred twenty (120) days following the estimated delivery dates specified in Addendum Paragraph 1. Such efforts shall include evicting the existing tenants if the existing tenants remain in a holdover of their respective leases. If Landlord canis unsuccessful in delivering the applicable Premises to Tenant within the aforesaid one hundred twenty (120) days, Landlord shall have an additional sixty (60) days to deliver the applicable Premises to Tenant provided that during said sixty (60) day period Landlord shall pay to Tenant, to the extent Landlord receives holdover rent from any such tenant, fifty percent (50%) of said holdover rent, after deducting all of Landlord's legal expenses incurred in connection with eviction proceedings (the "Net Holdover Rent"). If Landlord shall not deliver have delivered possession within 120 DAYS of the Commencement Dateapplicable Premises within said sixty (60) days, Tenant 2 may may, at Tenant's option, by notice in writing to Landlord within thirty (30) days after the Add-1 expiration of the sixty (60) day period but prior to delivery of possession of the applicable Premises by Landlord to Tenant, terminate this the Lease on with respect to that portion of the Premises not so delivered to Tenant. If Tenant terminates the Lease as provided for in the preceding sentence, the parties shall be discharged from all obligations under the Lease with respect to that portion of the Premises not so delivered to Tenant; and provided further that if such written notice to Landlord. In such eventby Tenant is not received by Landlord within said thirty (30) day period, Tenant shall no further recourse against not have the right to terminate the Lease with respect to that portion of the Premises, and Landlord respecting shall continue to pay Tenant the Lease. However, in Net Holdover Rent until such time as Landlord delivers the event that applicable Premises to Tenant. (b) If Landlord is unable to deliver possession of the applicable Premises to Tenant within ninety (90) days on the delivery date specified in Addendum Paragraph 1, due to a "Force Majeure Event", the respective delivery date shall be extended by the period of the Commencement Datedelay caused by the Force Majeure Event. A Force Majeure Event shall mean fire, earthquake, weather delays or other acts of God, strikes, boycotts, war, riot, insurrection, embargoes, shortages of equipment, labor or materials, delays in issuance of governmental permits or approvals, or any other cause beyond the reasonable control of Landlord. The provisions of Section 9.1 of the Lease regarding Landlord or Tenant's options to terminate the Lease shall apply to a Force Majeure Event. (c) Tenant acknowledges that the tenant who currently leases Premises D has an option to renew its lease and accordingly Tenant's right to lease Premises D is contingent on the existing tenant not exercising its option to renew. In the event the existing tenant of Premises D exercises its option to renew, Tenant shall be entitled no longer have the right to offset the amount of $833.00 per day against the rent due to Landlord from Tenant for those other lease Premises at Building A at 1001 West Cutting covered by that certain Lease between Landlord D, and Tenant dated April 1996, for each day past the ninetieth day after the Commencement Date that the Premises are not delivered to Tenant in completed condition. Notwithstanding any other provision of this Lease, Landlord shall have no obligation to pay any damages or adjustment lease Premises D to Tenant as a result of delays caused by matters outside of Landlord's control, including, without limitation, Tenant's conduct, acts of God, acts of war, inclement weather and/or labor strikes (including strikes affecting the supply of labor and/or materials).

DELAY IN POSSESSION. If Notwithstanding the Commencement Date, if ------------------- for any reason Landlord cannot deliver possession of the Premises Production Area to Tenant on or before June 1, 2001 (the "Outside Commencement Date in accordance with the requirements set forth in Paragraph 19.12 of this LeaseDate"), Landlord shall not be subject to any liability therefor, nor shall such failure shall not affect the validity of this LeaseLease or the obligations of Tenant hereunder or extend the Term hereof; provided, extend its Termhowever, or render Tenant may, at Tenant's option, by notice in writing to Landlord liable for any resulting damage, but Tenant shall not be obligated to pay rent or any other charge under this lease until Landlord tenders possession. If Landlord cannot deliver possession within 120 DAYS of ten (10) days after the Outside Commencement Date, Tenant 2 may terminate this give notice ("Tenant's Termination Notice") that the Lease on written notice to Landlord. In such event, Tenant shall no further recourse against Landlord respecting the Lease. However, be canceled in the event that Landlord is unable to deliver possession Substantial Completion of the Premises to Production Area Tenant Improvements shall not have occurred within ninety thirty (9030) days after Landlord's receipt of Tenant's Termination Notice. In the event such notice is given and Substantial Completion of the Commencement DateProduction Area Tenant Improvements does not occur prior to the expiration of such thirty (30) days, Tenant this Lease shall be entitled canceled and the parties shall be discharged from all obligations hereunder. If Tenant's Termination Notice is not received by Landlord within such ten (10) day period, Tenant's right to offset cancel this Lease under this Section 3.3 shall be of no further force or effect. The Outside Commencement Date and the amount thirty (30) day period after receipt of $833.00 per Tenant's Termination Notice shall be delayed and extended for one day against the rent due to Landlord from Tenant for those other Premises at Building A at 1001 West Cutting covered by that certain Lease between Landlord and Tenant dated April 1996, for each day past of delay in Substantial Completion of the ninetieth day after the Commencement Date that the Premises are not delivered Production Area Tenant Improvements due to Tenant in completed condition. Notwithstanding any other provision of this Lease, Landlord shall have no obligation to pay any damages or adjustment to Tenant as a result of delays caused by matters outside of Landlord's control, including, without limitation, Tenant's conduct, acts of God, acts of war, inclement weather and/or labor strikes (including strikes affecting the supply of labor and/or materials)Delays.