Common use of Delivery of Possession Clause in Contracts

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's request.

Delivery of Possession. If Landlord shall be deemed is delayed in Landlord’s ability to have delivered deliver possession of all or any portion of the Premises to Tenant as otherwise required herein whether because of strikes, labor difficulties, difficulties in obtaining materials, fire, governmental regulations, or any other circumstances beyond Landlord’s reasonable control (including, without limitation, the failure of existing tenants to vacate), then such delay shall not constitute a breach or default on the part of the Landlord under this Lease or give rise to any claims of damage or expenses of any kind against the Landlord by Tenant, either direct or consequential; provided that if Landlord is unable to deliver possession of the entire Premises or if Landlord has not completed Landlord’s Work by the Term Commencement Date, as it may then Tenant’s sole and exclusive remedy at law and in equity shall be that the Term Commencement Date, the Term Expiration Date and schedule of Annual Base Rent and Annual Electricity Charge shall be adjusted pursuant to reflect any such delay. Notwithstanding anything to the Workletter. contrary herein provided, Landlord shall construct notify Tenant when Landlord’s Work has advanced sufficiently to permit Tenant to install Tenant’s equipment and furnishings, or install in to perform other work to be done by Tenant. It is understood that upon such notification, the Tenant may occupy the Premises the improvements to be constructed or installed by Landlord according prior to the Workletter. If no Workletter is attached Term Commencement Date for the purposes of preparing the Premises for Tenant’s occupancy on all of the terms and conditions of the Lease except the obligation to pay Rent, provided that such occupancy by Tenant shall not interfere with Landlord’s performance of Landlord’s obligations under this Lease. However, it shall be deemed that Landlord delivered to if Tenant possession commences use of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness portion of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements purposes prior to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Term Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to then Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid pay Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that from such prior date. It is further understood and agreed that during this period, at the request of the Landlord, in each instance, Tenant will execute the Commencement Date Certificate attached shall, at Tenant’s sole expense, relocate any of Tenant’s goods and equipment as may be required by Landlord to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of complete Landlord's request’s Work.

Delivery of Possession. Landlord (a) Landlord, or Landlord's supervising architect, shall give Tenant at least ten (10) days' prior written notice of the date on which Landlord's Work will be substantially completed in accordance with Exhibit C and the Leased Premises will be available for the performance of Tenant's Work (as defined in Section 3.3) to the extent that Tenant shall be able to perform its work in the Leased Premises without substantial interference resulting from the conduct of Landlord's Work ("Delivery of Possession Date") provided, however, that in the event the Shopping Center shall have initially opened for business prior to the Commencement Date of this Lease, then the foregoing notice requirement shall automatically be deemed to have delivered be reduced to a five (5) day notice requirement. Tenant covenants and agrees to take physical possession of the Leased Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter Delivery of Possession Date provided that Landlord's Work is attached to this Lease, it "substantially complete." The Delivery of Possession Date shall be deemed that subsequently confirmed by Landlord, or Landlord's supervising architect, by written notice to Tenant. Failure of Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Leased Premises to Tenant on within the Commencement Date, time and in the condition provided for in this Lease will not be void give rise to any claim for damages by Tenant against Landlord or voidablepermit Tenant to rescind or terminate this Lease. (b) Tenant may, provided Tenant shall not interfere with the conduct of Landlord's Work, and subject to Landlord's reasonable rules and regulations, enter the Leased Premises during normal working hours during the course of Landlord's Work for the purpose of inspecting the Leased Premises and making measurements. At such time prior to the Delivery of Possession Date that Landlord's Work has progressed sufficiently to permit Tenant to perform its work without interfering with Landlord's Work, Landlord will may, but shall not be liable required to, notify Tenant of the same, and Tenant may then enter the Leased Premises in order to Tenant for any resulting loss or damage begin to install its store fixtures and perform such other work as may be required under the Term provisions of this Lease in order to ready the store for opening. Throughout the period of Tenant's Work, Tenant shall schedule its work so as not be extended to interfere with any work being performed by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for or by any reason other than a Delay Caused by Tenant, as defined tenant in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestShopping Center.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord candoes not deliver possession of the Premises to Tenant on the Commencement Date, this Lease will and such failure is not caused by an act or omission of Tenant, the Expiration Date shall be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage extended by the number of days the Commencement Date has been delayed and the Term validity of this Lease shall not be extended by a delayed impaired nor shall Landlord be subject to any liability for such failure; but Rent shall be abated until delivery of possession. The preceding sentence notwithstandingProvided, however, if the Commencement Date has been delayed by an act or omission of Tenant then Rent shall not be abated until delivery of possession and the Expiration Date shall not be extended. Delivery of possession shall be deemed to occur on the earlier of the date Landlord fails receives a Certificate of Occupancy or upon substantial completion of Landlord’s Work in the Premises as set forth in Exhibit D, attached hereto (as certified by Landlord’s architect) and complete sign off of the building permit by the building inspector. As used herein, Landlord shall be deemed to deliver have substantially completed Landlord’s Work as set forth on Exhibit D attached hereto notwithstanding that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed in the Premises or any part thereof, the non-completion of which does not materially interfere with Tenant’s use of the Premises or the construction of Tenant’s Work. If Landlord permits Tenant to enter into possession of the Premises before the Commencement Date, such possession shall be subject to the provisions of this Lease, including, without limitation, the payment of Rent (unless otherwise agreed in writing). Notwithstanding the foregoing, provided the same does not unreasonably interfere with Landlord’s work, Landlord shall permit Tenant within sixty (60) days after and its contractors reasonable access to’ the Premises approximately two weeks prior to the Commencement Date for any reason the purpose of installing its communication lines, equipment and furniture. Tenant’s early access is conditioned upon Tenant providing proof of insurance prior to access, and shall be further subject to all of the other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate terms and conditions of this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three Lease. Within ten (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (1510) days of delivery of possession Landlord shall deliver to Tenant and Tenant shall execute an Acceptance of Premises in which Tenant shall certify, among other things, that (a) Landlord has satisfactorily completed Landlord's request’s Work to the Premises pursuant to Exhibit “D”, unless written exception is set forth thereon, and (h) that Tenant accepts the Premises. Tenant’s failure to execute and deliver the Acceptance of Premises shall be conclusive evidence, as against Tenant, that Landlord has satisfactorily completed Landlord’s Work to the Premises pursuant to Exhibit “D”. In the event Tenant fails to take possession of the Premises following execution of this Lease, Tenant shall reimburse Landlord promptly upon demand for all costs incurred by Landlord in connection with entering into this Lease including, but not limited to, broker fees and commissions, sums paid for the preparation of a floor and/or space plan for the Premises, costs incurred in performing Landlord’s Work pursuant to Exhibit “D”, loss of rental income, attorneys’ fees and costs, and any other damages for breach of this Lease established by Landlord.

Delivery of Possession. Landlord shall be deemed to have delivered will deliver possession of the Premises to Tenant in its current "as-is" condition with the addition of only those items of work described on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements Exhibit "C" which are to be constructed or installed completed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on or before the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purposeIf, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason not caused by Tenant, Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, nor will Landlord will not be liable to Tenant for any resulting loss or damage resulting from such delay, but in such event, the Commencement Date and Tenant's obligation to pay rent will not commence until Landlord delivers possession to Tenant. If the delay in possession is caused by Tenant, then the Term and Tenant's obligation to pay rent will commence as of the Commencement Date even though Tenant does not yet have possession. Notwithstanding the foregoing, Landlord will not be obligated to deliver possession of the Premises to Tenant (but Tenant will be liable for rent if Landlord can otherwise deliver the Premises to Tenant) until Landlord has received from Tenant all of the following: (i) a copy of this Lease shall not be extended fully executed by a delayed delivery Tenant and the guaranty of possession. The preceding sentence notwithstandingTenant's obligations under this Lease, if Landlord fails to deliver possession to Tenant within sixty any, executed by the Guarantor(s), (60ii) days after the Commencement Date for any reason other than a Delay Caused by Tenant, Security Deposit and the first installment of Monthly Rase Rent; and (iii) copies of policies of insurance or certificates thereof as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate required under Paragraph 19 of this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestLease.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Premises "on or before the Intended Commencement Date (set forth in Article 1) in their present condition, broom clean, unless Landlord shall have agreed in writing, as is" a condition to Tenant's obligation to accept possession of the Premises, pursuant to Paragraph 15.3, construct install or modify specified improvements within the Premises, in its present condition on the Commencement Date. which case Landlord shall deliver to Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness possession of the Premises for on or before the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except Intended Commencement Date as expressly provided in this Lease and the Workletterso modified and/or improved. If for any reason Landlord cannot is unable to so deliver possession of the Premises to Tenant on or before the Intended Commencement Date, for whatever reason, Landlord shall not be in default under this Lease will nor shall this Lease be void, voidable or cancelable by Tenant until the lapse of one hundred twenty (120) days after the Intended Commencement Date (the "Delivery Grace Period"); however, the Lease Commencement Date shall not be void deemed to have occurred until such date as Landlord notifies Tenant that the Premises are Ready for Occupancy. Additionally, the Delivery Grace Period shall be extended for such number of days as Landlord may be delayed in delivering possession of the Premises to Tenant by reason of Force Majeure or voidablethe actions of Tenant, its agents, invitees or contractors. If Landlord will not is unable to deliver possession of the Premises to Tenant within the described Delivery Grace Period (including any extensions thereof by reason of Force Majeure or the actions of Tenant), then Tenant's sole remedy shall be to cancel and terminate this Lease, and in no event shall Landlord be liable to Tenant for any resulting loss or damage such delay. In the event that the date Landlord notifies Tenant that the Premises are Ready for Occupancy (i) is after the Delivery Grace Period and the Term of (ii) if Tenant has not previously cancelled and terminated this Lease as provided for in this Paragraph, then Tenant shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall no longer have the right to cancel and terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestLease.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Leased Premises "on or before the Intended Commencement Date (as is" set forth in its present Article 1) in their presently existing condition, broom clean, unless Landlord shall have agreed, as a condition to Tenant’s obligation to accept possession of the Leased Premises, pursuant to an Exhibit or Addenda attached to and made a part of this Lease to modify existing interior improvements or to make, construct and/or install additional specified improvements within the Leased Premises, in which case Landlord shall deliver to Tenant possession of the Leased Premises on the Intended Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties Date as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletterso modified and/or improved. If for any reason Landlord cannot is unable to so deliver possession of the Leased Premises to Tenant on or before the Intended Commencement Date, for whatever reason, Landlord shall not be in default under this Lease, nor shall this Lease will be void, voidable or cancelable by Tenant until the lapse of ninety (90) days after the Intended Commencement Date (the “delivery grace period”). The Lease Commencement Date shall not be void deemed to have occurred until such date as Landlord notifies Tenant that the Leased Premises are Ready for Occupancy and delivers possession of the Leased Premises to Tenant. Additionally, the delivery grace period above set forth shall be extended for such number of days as Landlord may be delayed in delivering possession of the Leased Premises to Tenant by reason of the actions of Tenant. If Landlord is unable to deliver possession of the Leased Premises to Tenant within the described delivery grace period (including any extensions thereof by reason of Force Majeure or voidablethe actions of Tenant), then Tenant’s sole remedy shall be to cancel and terminate this Lease, and in no event shall Landlord will not be liable to Tenant for any resulting loss or damage and the Term of such delay. Tenant may not cancel this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days at any time after the Commencement Date date Landlord notifies Tenant the Leased Premises are Ready for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestOccupancy.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. 3.1 If for any reason Landlord candoes not deliver possession of the Premises to Tenant on the Commencement Date, this Lease will and such failure is not caused by an act or omission of Tenant, the Expiration Date shall be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage extended by the number of days the Commencement Date has been so delayed and the Term validity of this Lease shall not be extended by a delayed impaired nor shall Landlord be subject to any liability for such failure; but Rent shall be abated until delivery of possession. The preceding sentence notwithstandingProvided, however, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date has been delayed by an act or omission of Tenant, then Rent shall not be abated until delivery of possession and the Expiration Date shall not be extended. If Landlord permits Tenant to enter into possession of the Premises before the Commencement Date, such possession shall be subject to the provisions of this Lease, including, without limitation, the payment of Rent (unless otherwise agreed in writing). In the event Tenant fails to take possession of the Premises following execution of this Lease, Tenant shall reimburse Landlord promptly upon demand for all costs incurred by Landlord in connection with entering into this Lease, including, but not limited to, broker fees and commissions, sums paid for the preparation of a floor and/or space plan for the Premises, costs incurred in performing Landlord's Work pursuant to Exhibit "D", loss of rental income, attorneys' fees and costs, and any other damages for breach of this Lease to which Landlord is entitled at law or in equity. 3.2 As of the Commencement Date, Landlord shall deliver possession of the Premises to Tenant, and Tenant shall accept possession of the Premises in their "AS IS" condition. Tenant acknowledges and agrees that Tenant and its representatives have inspected the Premises and all of its structural and mechanical elements and that Tenant is satisfied with the condition thereof. This Lease, shall become effective with respect to the Premises upon the Commencement Date. Except as expressly set forth in Exhibit "D", Tenant further acknowledges and agrees that Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part of the Premises, or to pay for any reason other than a Delay Caused by Tenantsuch work, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to neither Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of nor Landlord's requestagents have made any representations to Tenant with respect to the condition of the Premises.

Delivery of Possession. On or before the Lease Commencement Date, ---------------------- Landlord, at its cost, shall have substantially completed the work, if any, required to be completed by Landlord prior to the delivery of the Premises to Tenant, as described in Exhibit "C" to this Lease (the "Landlord's Work"). For ----------- purposes of this Paragraph, the term "substantially complete" shall mean completed to such an extent that Tenant can commence its work, if any, to be undertaken by Tenant, as described in Exhibit "C" to this Lease (the "Tenant's ----------- Work"), without material delay or interference due to the completion of Landlord's Work, or if no such Tenant's Work is to be undertaken, then such term shall mean completed to such an extent that the Landlord's Work can be finally completed within 30 days and without material interference to Tenant's occupancy and use of the Premises. If possession of the Premises (including, without limitation, substantial completion of the Landlord's Work, if any) is not delivered to Tenant on or before the Lease Commencement Date stated in Paragraph 2.4.1, above, then Landlord shall not be liable for any damage caused by such delay, and such delay shall neither affect the validity of this Lease, affect Tenant's obligations under this Lease, nor extend the Term. Tenant's acceptance of possession of the Premises shall constitute Tenant's acknowledgment that it has inspected the Premises, that Tenant accepts the Premises in its then "as is" condition. Except for any items set forth on a written "punch-list" of excepted items delivered to Landlord upon the Lease Commencement Date, Tenant shall be deemed to have delivered possession (i) acknowledged that Landlord's Work has been substantially completed, (ii) accepted the Premises in its then as-is condition with no right to require Landlord to perform any additional work therein, except as set forth on the punch list, and (iii) waived any express or implied warranties regarding the condition of the Premises, including any implied warranties of fitness for a particular purpose or merchantability. Notwithstanding anything to the contrary contained herein, Landlord warrants that, to the best of Landlord's knowledge, on the Rent Commencement Date: (a) the Premises shall comply with all laws, codes, ordinances and other governmental requirements then applicable to the Premises and the Building, and (b) the Premises, including the improvements and equipment therein, shall be in first class condition and repair. If, as of the Rent Commencement Date, the Premises shall fail in either of the following respects and such failure adversely affects Tenant's use or enjoyment of the Premises, then Landlord shall cure such failure at Landlord's sole cost: (A) compliance with any law, code, ordinance or other governmental requirement then applicable to the Premises and the Building (including without limitation the ADA), or (B) the electrical, plumbing or HVAC systems of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletterand Building being in first class condition and repair. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the WorkletterSee Addendum No. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date1. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's request.--------------

Delivery of Possession. Landlord shall will be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall will construct or install in the Premises the improvements Improvements as defined in the Workletter to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this LeaseExcept as expressly set forth in the Workletter, it Landlord shall be deemed that Landlord delivered deliver to Tenant possession of the Premises "as is" AS IS in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, and Landlord will not be liable to Tenant for any resulting resultant loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that datedamage. Tenant will execute and deliver to Landlord the Commencement Date and Estoppel Certificate attached to this Lease as Exhibit E, appropriately completed, E within fifteen (15) 3 days of Landlord's request.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Leased Premises "upon Substantial Completion of the Tenant Improvements as is" that term is defined in its present condition on the Commencement Date. Tenant acknowledges Work Letter attached hereto as Exhibit B. The date that neither Landlord nor its agents or employees have made any representations or warranties as the Leased Premises are so delivered to the suitability or fitness of Tenant shall be deemed the Premises for the conduct of Tenant's business or for any other purpose, nor has "Delivery Date." If Landlord or its agents or employees agreed is unable to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot so deliver possession of the Leased Premises to Tenant in the agreed condition on or before the Commencement Intended Delivery Date, this Lease will not Landlord shall have until the date that is thirty (30) days after the Intended Delivery Date (the "Delivery Grace Period") to deliver the Leased Premises. Additionally, the Delivery Grace Period above set forth shall be void or voidable, extended for such number of days as Landlord will not may be liable delayed in delivering possession of the Leased Premises to Tenant for any resulting loss by reason of Force Majeure or damage and the Term action or inaction of this Lease shall not be extended by a delayed delivery of possessionTenant. The preceding sentence notwithstanding, if If Landlord fails is unable to deliver possession of the Leased Premises in the agreed condition to Tenant within the Delivery Grace Period (including any extension thereof by reason of Force Majeure or the actions or inactions of Tenant), then Tenant shall receive as its sole remedy a credit of two (2) days of free rent for each day that the Leased Premises are not delivered to Tenant after expiration of the Delivery Grace Period (including any extension thereof by reason of Force Majeure or the actions or inactions of Tenant), which free rent shall apply to the first month in which Base Monthly Rent is due. If Landlord is unable to deliver possession of the Leased Premises in the agreed condition to Tenant within sixty (60) days after the Commencement Date for expiration of the Delivery Grace Period (including any extension thereof by reason other than a Delay Caused by of Force Majeure or the actions or inactions of Tenant), as defined in the Workletter, TenantTenant may choose, as its sole remedy, shall have the right to terminate this Lease Lease, and receive a refund in the event of all prepaid Rent and Security Deposits provided such termination Landlord shall not be liable in damages to Tenant gives written notice of termination to Landlord within three (3) days after that datefor any delay. Tenant will execute the Commencement Date Certificate attached to may not terminate this Lease as Exhibit Eat any time after the date Landlord notifies Tenant that the Leased Premises have been put into the agreed condition and are available for delivery to Tenant, appropriately completed, within fifteen (15) days of unless Landlord's requestnotice is not given in good faith. Tenant may occupy the Leased Premises commencing on the Delivery Date for purposes of installing furniture, fixtures and equipment, provided that Tenant shall be responsible for Additional Rent during such period and Tenant shall comply with all other provisions of this Lease (other than the payment of Base Monthly Rent).

Delivery of Possession. Landlord 18.1.1 Sublandlord shall deliver the Premises clean, with all operating systems servicing the Premises, including the roof membrane, windows, lighting, sensors and switches, building management systems, fire life and safety systems, doors, loading doors, MEP systems and emergency generator (collectively, the “Warrantied Items”), in good operating condition and the Premises are in compliance with all applicable laws and regulations, including ADA and Title 24 (the “Warranty”) as of the Commencement Date and for the first six (6) months thereafter (the “Warranty Period”). Notwithstanding the foregoing, the Warranty includes only the foregoing Warrantied Items provided by Sublandlord and specifically excludes any systems, equipment or improvements installed and/or contracted for directly by Subtenant or any modifications to the same made by Subtenant. Subtenant shall have until the expiration of the Warranty Period to notify Sublandlord in writing of any failure of the Warranty and in such event Sublandlord will make any required repairs at Sublandlord’s expense. Sublandlord will not be responsible for any repairs in connection with any failure of the Warranty unless Sublandlord is notified in writing by Subtenant no later than the expiration of the Warranty Period. Notwithstanding the foregoing or anything in this Lease to the contrary, in no event will repairs resulting from any of the following be covered by the Warranty: (i) the negligent or willful acts or omissions of, or misuse or abuse of any of the Warrantied Items, by Subtenant or its agents, employees, contractors, licensees or invitees, (ii) any improvements or alterations constructed by Subtenant, or (iii) any acts or omissions by Subtenant or its agents, employees, contractors, licensees, or invitees which solely voids or limits Sublandlord’s warranties. 18.1.2 During the Term, at no charge to Subtenant, Subtenant shall be deemed permitted to use the existing modular and office furniture and cabling located in the Premises and described in more particular detail in Exhibit C attached hereto (the “FF&E”). Should Subtenant, in Subtenant’s sole discretion, determine that any of the FF&E is not required by Subtenant for the conduct of Subtenant’s business from the Premises, Subtenant may deliver written notice to Sublandlord of such determination together with an itemized list of any FF&E that is not so required (the “Excluded FF&E”), at least thirty (30) days before the Early Access Period, and Sublandlord shall, at Sublandlord’s sole cost and expense, remove such Excluded FF&E from the Premises within thirty (30) days after such notice from Subtenant. Subtenant shall accept the FF&E in its current condition without any warranty of fitness from Sublandlord (Subtenant expressly acknowledges that no warranty is made by Sublandlord with respect to the condition of any cabling currently located in or serving the Premises). Subtenant shall use the FF&E only for the purposes for which such FF&E is intended and shall be responsible for the proper maintenance, care and repair of the Remaining Furniture and Cabling, at Subtenant’s sole cost and expense. On or about the date of expiration of this Sublease, Subtenant will purchase the FF&E from Sublandlord in its then “as-is” condition for the sum of $1.00 whereupon Sublandlord shall deliver to Subtenant the ▇▇▇▇ of Sale in substantially the form attached hereto as Exhibit D with respect to the FF&E (excluding the Excluded FF&E), it being acknowledged and agreed that Subtenant shall have delivered the right, at its sole cost and expense, from time to time during the Term of this Sublease to remove from the Premises those items from the FF&E that (i) Sublandlord has fully depreciated and authorized Subtenant to remove and (ii) that Subtenant no longer desires to use; provided, however, that Subtenant shall request approval from Sublandlord before any such removal which approval shall be granted by Sublandlord so long as Sublandlord has fully depreciated such items, and such removal shall not relieve Subtenant’s obligation to purchase all such remaining FF&E on or about the expiration of this Sublease pursuant to the terms hereof. Subtenant shall, at its sole cost and expense, be responsible for the removal of the FF&E upon the termination or expiration of this Sublease and its surrender of the Premises to the extent such removal is required by the Master Lease. 18.1.3 Subject to the provisions of Section 18.1.1, Sublandlord shall deliver to Subtenant, and Subtenant shall accept, possession of the Premises to Tenant in their “AS IS” condition as the Premises exist on the Commencement DateDate and, as it may be adjusted pursuant notwithstanding anything to the Workletter. Landlord shall construct or install contrary set forth in the Premises the improvements to be constructed or installed by Landlord according Master Lease to the Worklettercontrary, Sublandlord shall have no obligation to furnish, render, pay for, consent to or supply any work, labor, services, materials, furniture, fixtures, equipment, decorations or other items to make the Premises ready or suitable for Subtenant’s occupancy. If no Workletter is attached In making and executing this Sublease, Subtenant has relied solely on such investigations, examinations and inspections as Subtenant has chosen to this Leasemake or has made and has not relied on and Sublandlord has not made, it shall be deemed any representation or warranty concerning the Premises with the exception of those specified in Section 11 above. Subtenant acknowledges that Landlord delivered to Tenant possession Sublandlord has afforded Subtenant the opportunity for full and complete investigations, examinations and inspections of the Premises "as is" in its present condition on the Commencement DatePremises. Tenant Subtenant acknowledges that neither Landlord nor its agents it is not authorized to make or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake perform any alterations or construct any Tenant improvements in or to the Premises except as expressly provided in permitted by the provisions of this Lease Sublease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestMaster Lease.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date(a) Except for latent defects and punchlist items, as it may be adjusted pursuant and except to the Workletter. extent Tenant shall have given Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannotice not deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within later than sixty (60) days after the Commencement Date of defects in Landlord’s Work, Tenant shall have no claim that Landlord has failed to perform any of Landlord’s Work. Notwithstanding the foregoing, during the first year of the Lease Term Landlord shall repair latent defects at Landlord’s sole cost and expense and shall not include the cost thereof as an Operating Cost. (b) Landlord shall use diligent efforts to deliver the Premises with Landlord’s Work substantially completed no later than the date that is three (3) months after receipt by Landlord of a building permit for any reason Landlord’s Work (the “Estimated Delivery Date”). If Landlord fails to deliver the Premises with Landlord’s Work substantially completed by the date that is one (1) month after the Estimated Delivery Date, other than a Delay Caused by Tenant, due to Tenant Delays or Force Majeure Delays (as defined in the WorkletterWork Letter), Tenant shall receive a credit toward Rent equal to one day of Base Rent for each day of delay until the Premises are delivered; provided however if Tenant’s current Landlord permits Tenant to remain in its current Premises at the current rent and without further penalties, as Tenant shall not be entitled to any rent credit. If Landlord fails to deliver the Premises with Landlord’s Work substantially completed by the date that is two (2) months after the Estimated Delivery Date (the “Extended Delivery Date”), other than due to Tenant Delays or Force Majeure Delays, Tenant shall receive a credit toward Rent equal to two days of Base Rent for each day of delay after the Extended Delivery Date until the Premises are delivered; provided however if Tenant’s current Landlord permits Tenant to remain in its sole remedycurrent Premises at the current rent and without further penalties, Tenant shall not be entitled to any rent credit. If Landlord fails to deliver the Premises with Landlord’s Work substantially completed by the date that is two (2) months after the Extended Delivery Date, other than due to Tenant Delays or Force Majeure Delays, Tenant shall have the right option to terminate this Lease upon ten (10) business days’ written notice. Within one (1) week of receipt of the building permit for Landlord’s Work, Landlord shall provide notice to Tenant regarding whether Landlord reasonably expects to deliver the Premises to Tenant with Landlord’s Work completed by the Estimated Delivery Date, and receive a refund of all prepaid Rent and Security Deposits provided shall provide weekly updates to Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestthereafter.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Leased Premises "on or before the Intended Commencement Date (as is" set forth in its present Article 1) in their presently existing condition, broom clean, unless Landlord shall have agreed, as a condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness Tenant’s obligation, to accept possession of the Premises for the conduct Leased Premises, pursuant to an Addenda attached to and made a part of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and to modify existing interior improvements or to make, construct and/or install additional specified improvements within the WorkletterLeased Premises, in which case Landlord shall deliver to Tenant possession of the Leased Premises on or before the Intended Commencement Date as so modified and/or improved. If for any reason Landlord cannot is unable to so deliver possession of the Leased Premises to Tenant on or before the Intended Commencement Date, for whatever reason, Landlord shall not be in default under this Lease, nor shall this Lease will be void, voidable or cancelable by Tenant until the lapse of one hundred twenty days after the Intended Commencement Date (the “delivery grace period”); however, the Lease Commencement Date shall not be void deemed to have occurred until such date as Landlord notifies Tenant that the Leased Premises are Ready for Occupancy. Additionally, the delivery grace period above set forth shall be extended for such number of days as Landlord may be delayed in delivering possession of the Leased Premises to Tenant by reason of Force Majeure or voidablethe actions of Tenant. If Landlord is unable to deliver possession of the Leased Premises to Tenant within the described delivery grace period (including any extensions thereof by reason of Force Majeure of the actions of Tenant), then Tenant’s sole remedy shall be to cancel and terminate this Lease, and in no event shall Landlord will not be liable to Tenant for any resulting loss or damage and the Term of such delay. Tenant may not cancel this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days at any time after the Commencement Date date Landlord notifies Tenant the Lease Premises are Ready for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestOccupancy.

Delivery of Possession. (a) Landlord shall be deemed deliver to have delivered Tenant, and Tenant shall accept, possession of the Leased Premises to Tenant in its “AS IS” condition, “WITH ALL FAULTS” on the Early Access Date, subject only to (i) Landlord’s completing, on or before the Lease Commencement Date, the Landlord’s Work described and defined in Paragraph 1 of the Tenant Work Letter attached to and made a part of this Lease (the “Work Letter”), the terms and provisions of which are hereby incorporated into this Lease, and (ii) all existing laboratory benches and vented fume hoods shall remain in place. All of Tenant’s obligations under this Lease shall commence on the Early Access Date. It is agreed that by accepting possession of the Leased Premises, Tenant formally accepts same and acknowledges that the Leased Premises are in the condition called for hereunder, subject only to Landlord’s completing the Landlord’s Work. Landlord hereby warrants (the “Landlord Warranty”) that from the Lease Commencement Date for a period of six (6) months (with respect to the roof membrane), and for a period of four (4) months (with respect to any mechanical, plumbing, electrical, and/or life safety systems in the Leased Premises), any repair costs for the applicable item during such period and which are not necessitated by improper use or maintenance thereof by Tenant, shall be paid by Landlord, provided that Landlord receives advance notice of the need for such repairs and a reasonable opportunity to effect such repairs. Landlord warrants to Tenant that Landlord has repaired, improved, or renovated, as it may be adjusted applicable, the Leased Premises in accordance with and pursuant to the Workletter. Landlord shall construct or install in requirements of the Premises applicable permits therefor issued by the improvements to be constructed or installed by Landlord according City of Palo Alto, including any requirements therein with respect to the WorkletterAmericans With Disabilities Act. (b) All of Tenant’s obligations under this Lease shall commence on the Early Access Date, provided, however, that the Base Monthly Rent shall not commence until the date provided in Article 1 above. If no Workletter It is attached to this Lease, it shall be deemed agreed that Landlord delivered to Tenant by accepting possession of the Premises "as is" in its present condition on the Commencement Date. Leased Premises, Tenant formally accepts same and acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as the Leased Premises are in the condition called for hereunder, subject only to Landlord’s completing the Landlord’s Work, and subject to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty Warranty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three subparagraph (3a) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestabove).

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Leased Premises on the Lease Commencement Date in its "as as-is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises Effective Date of this Lease, except for the conduct removal of Tenant's business or the personal property, trade fixtures, equipment and other property of Computer Associates International, and except for any other purposemodifications, nor has Landlord alterations, improvements, fixtures, or its agents personal property, made, installed or employees agreed to undertake any alterations or construct any Tenant improvements to brought onto the Leased Premises except as expressly provided in this Lease and the Workletterby Tenant. If for any reason Landlord cannot is unable to so deliver possession of the Leased Premises to Tenant on or before the Intended Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended in default under this Lease, nor shall this Lease be void, voidable or cancelable by a delayed delivery Tenant until the lapse of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty ninety (6090) days after the Intended Commencement Date for any reason other than a Delay Caused (the "delivery grace period"); however, if Landlord's inability to so deliver the Leased Premises to Tenant is caused by Tenant, as defined the existing tenant's hold over in the WorkletterLeased Premises beyond the term of its current lease or by Landlord's gross negligence or willful misconduct, the Lease Commencement Date shall not be deemed to have occurred until the actual date of delivery. Additionally, the delivery grace period above set forth shall be extended for such number of days as Landlord may be delayed in delivering possession of the Leased Premises to Tenant by reason of Force Majeure or the action or inaction of Tenant. If Landlord is unable to deliver possession of the Leased Premises in the agreed condition to Tenant within the described delivery grace period (including any extension thereof by reason of Force Majeure or the actions or inactions of Tenant), as its then Tenant's sole remedy, remedy shall have the right be to terminate this Lease Lease, and receive a refund of all prepaid Rent and Security Deposits provided in no event shall Landlord be liable in damages to Tenant gives written notice of termination to Landlord within three (3) days after that datefor such delay. Tenant will execute the Commencement Date Certificate attached to may not terminate this Lease as Exhibit Eat any time after the date Landlord notifies Tenant that the Leased Premises have been put into the agreed condition and are available for delivery to Tenant, appropriately completed, within fifteen (15) days of unless Landlord's requestnotice is not given in good faith.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord candoes not deliver possession of the Premises to Tenant on the Commencement Date, this Lease will and such failure is not caused by an act or omission of Tenant, the Expiration Date shall be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage extended by the number of days the Commencement Date has been delayed and the Term validity of this Lease shall not be extended by a delayed impaired nor shall Landlord be subject to any liability for such failure; but Rent shall be abated until delivery of possession. The preceding sentence notwithstandingProvided, however, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than has been delayed by an act or omission of Tenant then Rent shall not be abated until delivery of possession and the Expiration Date shall not be extended. Delivery of possession shall be deemed to occur on the date Landlord receives a Delay Caused by TenantCertificate of Occupancy or upon substantial completion of the Premises, as defined in certified by Landlord's architect. If Landlord permits Tenant to enter into possession of the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute Premises before the Commencement Date Certificate attached Date, such possession shall be subject to the provisions of this Lease as Exhibit ELease, appropriately completedincluding, within fifteen without limitation, the payment of Rent. Within ten (1510) days of delivery of possession Landlord shall deliver to Tenant and Tenant shall execute an Acceptance of Premises in which Tenant shall certify, among other things, that (a) Landlord has satisfactorily completed Landlord's requestWork to the Premises pursuant to Exhibit "D", unless written exception is set forth thereon, and (b) that Tenant accepts the Premises. Tenant's failure to execute and deliver the Acceptance of Premises shall be conclusive evidence, as against Tenant, that Landlord has satisfactorily completed Landlord's Work to the Premises pursuant to Exhibit "D". In the event Tenant fails to take possession of the Premises following execution of this Lease, Tenant shall reimburse Landlord promptly upon demand for all costs incurred by Landlord in connection with entering into this Lease including, but not limited to, broker fees and commissions, sums paid for the preparation of a floor and/or space plan for the Premises, costs incurred in performing Landlord's Work pursuant to Exhibit "D", loss of rental income, attorneys' fees and costs, and any other damages for breach of this Lease established by Landlord.

Delivery of Possession. Landlord shall be deemed to have delivered deliver possession of the Premises to Tenant on Tenant, broom clean and free from occupancy by any party, promptly following the Commencement expiration of the current lease of the Premises and the surrender of possession by the current occupant (such date of delivery, the “Delivery Date, as it may be adjusted pursuant to the Workletter”). Landlord shall construct or install endeavor to cause the Delivery Date to occur no later than the Estimated Delivery Date set forth in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this LeaseBasic Lease Information; provided, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purposehowever, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If if, for any reason whatsoever, Landlord cannot deliver possession of the Premises to Tenant on or before the Commencement Estimated Delivery Date, this Lease will shall not be void or voidable, Landlord will not nor shall Landlord, or Landlord’s agents, advisors, employees, partners, shareholders, directors, invitees, independent contractors or Landlord’s manager (collectively, “Landlord’s Agents”), be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstandingresulting therefrom; provided, that, if Landlord the Delivery Date fails to deliver possession to Tenant within sixty (60) days after occur by the Estimated Delivery Date, then the Commencement Date and the Expiration Date shall each be adjusted by one (1) day for any reason other than a Delay Caused each day after the Estimated Delivery Date until the Delivery Date occurs. Additionally, if the Delivery Date fails to occur by TenantOctober 1, as defined 2018 (the “Outside Delivery Date”), then in addition to the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund delay of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached the Excused Base Rent shall be increased by one (1) additional day of Base Rent for each day after the Outside Delivery Date until the Delivery Date occurs. The foregoing shall be the sole remedy available to this Lease Tenant as Exhibit E, appropriately completed, within fifteen (15) days a result of Landlord's request’s failure to deliver the Premises to Tenant on a timely basis as provided in this Paragraph 8(a).

Delivery of Possession. Landlord shall be deemed to have delivered deliver possession of the ---------------------- computer room of the Premises to Tenant Tenant, with Landlord's Work (as hereinafter defined) therein substantially complete ("Ready for Installation") , on or before the Installation Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct deliver possession of the operations/conference center and customer service area of the Premises to Tenant, with Landlord's Work therein substantially complete ("Ready for Phase- In"), on or before the Operational Commencement Date. Landlord shall deliver possession of the entire Premises to Tenant, with Landlord's Work substantially complete ("Ready for Occupancy"), on or before the Lease Commencement Date. During the period from the Installation Commencement Date to the Operational Commencement Date (the "Installation Period"), Tenant shall have the right to install equipment in the computer room of the Premises and connect such equipment to its cabling. During the improvements to be constructed or installed by Landlord according period from the Operational Commencement Date to the WorkletterLease Commencement Date (the "Phase-In Period"), Tenant shall have the right to install, test, operate its equipment and phase-in its business operations in the Premises. If no Workletter is attached to During the Installation Period and the Phase-In Period, all provisions of this Lease, it other than the payment of Rent, shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletterfully effective. If for any reason Landlord candoes not deliver possession of the Premises to Tenant on the Lease Commencement Date, Date this Lease will shall not be void or voidablevoidable (except as expressly set forth below) , nor shall Landlord will not be liable to Tenant for any resulting loss or damage and resulting therefrom, nor shall the Term expiration date of this Lease the term be extended, but in such event Tenant shall not be extended by a delayed liable for any Rent or other charges due under this Lease until such time as Landlord tenders delivery of possessionpossession of the Premises to Tenant with Landlord's Work (as hereinafter defined) substantially complete. The preceding sentence notwithstandingTenant's contractor (cabling) shall have access to the Premises during the Landlord's construction, prior to closing walls, ceilings and raised floorings (if any) to install cabling prior to April 1, 1995. Landlord and Tenant's contractors will work in harmony during this period. Notwithstanding the foregoing, if Landlord fails to deliver possession to the Premises Ready for Occupancy on or before the Lease Commencement Date, then Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate offset against Rent the amount of Ten Thousand Seven Hundred Ninety-five and 77/100 Dollars ($10,795.77) for each month or partial month of such delay plus a daily penalty of $833.00 for each day of such delay, up to a maximum daily penalty per month of Twelve Thousand One Hundred Ninety-seven and 98/100 ($12,197.98) (i.e., the combined monthly and daily penalties cannot exceed more than Twenty-two Thousand Nine Hundred Ninety-three and 75/100 ($22,993.75) or one month's Base Rent). If Landlord fails to deliver the Premises Ready for Occupancy on or before August 1, 1995, then, in addition to the offset rights set forth above in this Lease and receive a refund of all prepaid Rent and Security Deposits provided paragraph, Tenant gives written notice of termination shall have the right to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of complete Landlord's request.Work and offset the reasonable cost of such completion against Rent. Landlord further agrees to include in the bid package prepared by the construction manager (as set forth in Exhibit C) a requirement for the general contractors to include in their bid a penalty equal to Ten Thousand Seven Hundred Ninety-five

Delivery of Possession. Landlord shall be deemed to have delivered possession Tenant shall, on the Expiration Date of the Term, or upon any earlier termination of this Lease, or upon any termination of Tenant’s right to possess the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletterprovisions of this Lease, well and truly surrender and deliver up the Premises into the possession and use of Landlord (except as may be otherwise required by Landlord pursuant to ARTICLE 6 hereof) without fraud or delay and in the condition in which Tenant has herein agreed to maintain them, broom clean and free and clear of all lettings, occupancies, liens and encumbrances, other than those existing immediately prior to the commencement of the Term, subject to reasonable wear and tear. Landlord shall construct or install If Tenant holds over in the Premises after the improvements expiration of the Term or any earlier termination of this Lease or of Tenant’s right to be constructed possess the Premises, then, at Landlord’s option, and without limitation to any right or installed by remedy of Landlord according with respect to such holding over, such holding over shall create a month-to-month tenancy only, subject to Tenant’s obligation to pay rental equal to 150% of the Workletter. If no Workletter is attached Rent (prorated on a daily basis) (“Holdover Rent”) in effect immediately prior to such expiration or termination, and subject to all the provisions and conditions of this Lease, it shall other than provisions relating to length of Term, which tenancy may be deemed that terminated at any time by Landlord delivered giving 30-day advance written notice thereof to Tenant possession Tenant. Landlord’s acceptance of any Rent during the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct period of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease ’s holding over shall not be extended by a delayed delivery of possession. The preceding sentence notwithstandingwaive or otherwise affect any claim, if right or remedy which Landlord fails may have with respect to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestsuch holding over.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Leased Premises "on or before the Intended Commencement Date (as is" set forth in its present Article 1) in their presently existing condition, broom clean, unless Landlord shall have agreed, as a condition on to Tenant’s obligation to accept possession of the Commencement Date. Tenant acknowledges that neither Landlord nor its agents Leased Premises pursuant to a written Exhibit or employees have Addenda attached to and made any representations a part of this Lease, to modify existing interior improvements or warranties as to make, construct and/or install additional specified improvements within the Leased Premises or to the suitability or fitness Outside Areas, in which case Landlord shall deliver to Tenant possession of the Leased Premises for on or before the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except Intended Commencement Date as expressly provided in this Lease and the Workletterso modified and/or improved. If for any reason Landlord cannot is unable to so deliver possession of the Leased Premises to Tenant in the agreed condition on or before the Intended Commencement Date, for whatever reason, Landlord shall not be in default under this Lease, nor shall this Lease will be void, voidable or cancelable by Tenant until the lapse of one hundred twenty days after the Intended Commencement Date (the “delivery grace period”); however, the Lease Commencement Date shall not be void deemed to have occurred until such date as Landlord notifies Tenant that the Leased Premises are in the agreed condition and are Ready for Occupancy. Additionally, the delivery grace period above set forth shall be extended for such number of days as Landlord may be delayed in making the agreed improvements and/or delivering possession of the Leased Premises to Tenant by reason of Force Majeure or voidablethe actions of Tenant. If Landlord is unable to deliver possession of the Leased Premises in the agreed condition to Landlord Initials W Tenant Initials NH Tenant within the described delivery grace period (including any extensions thereof by reason of Force Majeure or the actions of Tenant), then Tenant’s sole remedy shall be to cancel and terminate this Lease, and in no event shall Landlord will not be liable in damages to Tenant for any resulting loss or damage and the Term of such delay. Tenant may not cancel this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days at any time after the Commencement Date date Landlord notifies Tenant that the Leased Premises have been put into the agreed condition and are Ready for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestOccupancy.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Leased Premises "on or before the Intended Commencement Date (as is" set forth in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purposeArticle I) in their presently existing condition, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletterbroom clean. If for any reason Landlord cannot is unable to so deliver possession of the Leased Premises to Tenant in the agreed condition on or before the Intended Commencement Date, for whatever reason, Landlord shall not be in default under this Lease, nor shall this Lease will be void, voidable or cancelable to Tenant until the lapse of 60 days after the Intended Commencement Date (the "delivery grace period"); however, the Lease Commencement Date shall not be void deemed to have occurred until such date as Landlord notifies Tenant that the Leased Premises are in the agreed condition and are Ready for Occupancy. If Landlord is unable to deliver possession of the Leased Premises in the agreed condition to ten within the described delivery grace period (including any extensions thereof by reason of Force Majeure or voidablethe actions of Tenant), then Tenant's sole remedy shall be to cancel and terminate this Lease (in which case Landlord will not shall return all amounts deposited by Tenant less amounts paid to Tenant's broker), and in no event shall Landlord be liable in damages to Tenant for any resulting loss or damage and the Term of such delay,. Tenant may not cancel this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days at any time after the Commencement Date date Landlord notifies Tenant that the Leased Premises have been put into the agreed condition and are Ready for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestOccupancy.

Delivery of Possession. Landlord Lessee acknowledges that the ------------- ---------------------- Premises are currently leased to another tenant. Lessor has advised Lessee that the term of said tenant's lease expires on February 29, 2000. Lessor shall be deemed to have delivered deliver possession of the Premises to Tenant Lessee on the Commencement DateApril 15, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter2000. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If Lessor for any reason Landlord canwhatsoever does not deliver possession of the Premises to Tenant Lessee on the Commencement DateApril 15, this Lease will not be void or voidable2000, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of (i) this Lease shall not be extended by a delayed delivery void or voidable nor shall Lessor be liable to Lessee for any loss or damage resulting therefrom, (ii) Lessee agrees to take possession of possession. The preceding sentence notwithstanding, if Landlord fails the Premises when Lessor is able to deliver possession thereof, and (iii) until Lessor so delivers possession of the Premises to Tenant Lessee, Lessee shall not be obligated to pay rent or other charges under this Lease, or to perform its other obligations under this Lease, except that Lessee shall deposit the first month's rent upon execution of this Lease, and (iv) the scheduled Commencement Date (i.e., April 15, 2000) and ending date (i.e. April 14, 2007) of the lease term set forth in Section 3.01 shall be extended by the period of time between April 15, 2000 and the date on which Lessor delivers possession of the Premises to Lessee. Lessor may, but is not obligated to, deliver to Lessee upon or after the Commencement Date a letter specifying the Commencement Date and the end of the seven year term; upon written request by Lessor, Lessee shall acknowledge such dates by signing a copy of such letter and returning the same to Lessor within sixty ten (6010) days after receipt thereof from Lessor. Notwithstanding the foregoing, in the event Lessor is unable to deliver possession of the Premises by July 15, 2000, then Lessee, at its sole option, shall be entitled to terminate this Lease. Any such termination shall be effectuated by written notice to Lessor within five (5) days after the Commencement Date for end of such ninety (90) day period. Time is of the essence with respect to the time of exercise of any reason other than a Delay Caused by Tenantsuch right of termination. Upon such termination, as defined in the Workletter, Tenant, as its sole remedy, neither party shall have any further obligation to the right other under this Lease, provided that Lessor shall return to terminate Lessee any sums previously deposited by Lessee with Lessor hereunder to the extent required to do so by law and this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestLease.

Delivery of Possession. (a) Except as expressly provided otherwise in this Lease, including in Paragraphs 4(b) and 4(c) below and the Work Letter attached to this Lease, Landlord shall be deemed to have delivered deliver possession of the Premises to Tenant on and, except as provided in Paragraph 4(b) below, Tenant shall accept the Commencement Datesame, as it may be adjusted pursuant in its “AS IS” condition. Tenant agrees that Landlord has no obligation and has made no promise to alter, remodel, improve, or repair the Workletter. Landlord shall construct Premises, or install any part thereof, or to repair, bring into compliance with applicable laws, or improve any condition existing in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession as of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges agrees that neither Landlord nor its any of Landlord’s employees or agents or employees have has made any representations representation or warranties warranty as to the present or future suitability or fitness of the Premises for the conduct of Tenant's ’s business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements therein. Subject to the Premises except as expressly completion by Landlord of the improvements provided for in this Lease Paragraph 4(b) below, and the Workletter. If for opportunity given to Tenant to inspect the Premises and duly confirm any reason Landlord cannot deliver matters affecting the subject area during a walk through, and Landlord’s warranty contained in Exhibit E, the taking of possession of the Premises to by Tenant on shall conclusively establish that the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage Premises and the Term Building were at such time in good and satisfactory’ order, condition and repair. Within two (2) business day following the request by Landlord upon substantial completion of the Tenant Improvements provided for in Paragraph 4(b), Tenant shall make itself, or a representative, available to conduct a walk-through of the Premises to identify any conditions affecting the substantial completion of the Tenant Improvements provided for in Paragraph 4(b) that affect the ability of Tenant to occupy the Premises for its intended purpose, the parties agreeing to be reasonable in their assessment as to whether the Tenant Improvements are substantially complete. Notwithstanding anything to the contrary in the foregoing, nothing in this Lease shall not be extended by a delayed Paragraph 4(a) relieves Landlord of its maintenance and repair obligations under this Lease. (b) In connection with Landlord’s initial delivery of possession. The preceding sentence notwithstandingthe Premises to Tenant, Landlord, at its sole cost and expense, shall construct and install in the Premises the Tenant Improvements, if Landlord fails any, provided in, and in accordance with the terms of Exhibit E to deliver possession this Lease. (c) In connection with Landlord’s initial delivery’ of the Premises to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the WorkletterLandlord, Tenant, as its at Landlord’s sole remedycost and expense, shall have provide a code-compliant path of travel to the right Premises from the entrance to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestBuilding.

Delivery of Possession. On the Lease Commencement Date, Landlord shall be deemed to have delivered deliver and Tenant shall accept possession of the Leased Premises in their then “AS IS” condition, “WITH ALL FAULTS.” Landlord shall have no construction or preparation obligations relating to the Leased Premises. Landlord and Tenant anticipate that possession of the Leased Premises will be delivered on the Anticipated Lease Commencement Date. However, if Landlord is unable to so deliver possession of the Leased Premises to Tenant on or before the Anticipated Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install not be in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to default under this Lease, it nor shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and be void, voidable or cancelable by Tenant until the Workletterlapse of three hundred sixty (360) days after the Anticipated Commencement Date (the “delivery grace period”). If for any reason Landlord cannot is unable to deliver possession of the Leased Premises to Tenant on within the Commencement Datedescribed delivery grace period (including any extension thereof by reason of Force Majeure or the actions or inactions of Tenant), this Lease will not then Tenant’s sole remedy shall be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives by written notice of termination delivered to Landlord within three (3) ten days after the expiration of the delivery grace period (as extended, if applicable), and in no event shall Landlord be liable in damages to Tenant for such delay. Notwithstanding the foregoing, in the event that date. Tenant will execute authorizes, via a written agreement signed by Tenant, Digeo Interactive LLC to remain in occupancy of all or any portion of the Commencement Date Certificate attached Leased Premises for which Tenant claims that Landlord failed to this Lease as Exhibit Edeliver possession of to Tenant, appropriately completed, within fifteen (15) days then Tenant shall have no such right of Landlord's requesttermination.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Leased Premises upon Substantial Completion of the Tenant Improvements as that term is defined in the Work Letter attached hereto as Exhibit B and made a part of this Lease (the "as is" in its present condition on Work Letter"). The date that the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as Leased Premises are so delivered to the suitability or fitness of Tenant shall be deemed the Premises for the conduct of Tenant's business or for any other purpose, nor has "Delivery Date." If Landlord or its agents or employees agreed is unable to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot so deliver possession of the Leased Premises to Tenant in the agreed condition on or before the Commencement Intended Delivery Date, this Lease will not Landlord shall have until the date that is thirty (30) days after the Intended Delivery Date (the "Delivery Grace Period") to deliver the Leased Premises. Additionally, the Delivery Grace Period above set forth shall be void or voidable, extended for such number of days as Landlord will not may be liable delayed in delivering possession of the Leased Premises to Tenant for any resulting loss by reason of Force Majeure or damage and the Term action or inaction of this Lease shall not be extended by a delayed delivery of possessionTenant. The preceding sentence notwithstanding, if If Landlord fails is unable to deliver possession of the Leased Premises in the agreed condition to Tenant within the Delivery Grace Period (including any extension thereof by reason of Force Majeure or the actions or inactions of Tenant), then Tenant shall receive as its sole remedy a credit of two (2) days of free rent for each day that the Leased Premises are not delivered to Tenant after expiration of the Delivery Grace Period (including any extension thereof by reason of Force Majeure or the actions or inactions of Tenant), which free rent shall apply to the first month in which Base Monthly Rent is due. If Landlord is unable to deliver possession of the Leased Premises in the agreed condition to Tenant within sixty (60) days after the Commencement Date for expiration of the Delivery Grace Period (including any extension thereof by reason other than a Delay Caused by of Force Majeure or the actions or inactions of Tenant), as defined in the Workletter, TenantTenant may choose, as its sole remedy, shall have the right to terminate this Lease Lease, and receive a refund in the event of all prepaid Rent and Security Deposits provided such termination Landlord shall not be liable in damages to Tenant gives written notice of termination to Landlord within three (3) days after that datefor any delay. Tenant will execute the Commencement Date Certificate attached to may not terminate this Lease as Exhibit Eat any time after the date Landlord notifies Tenant that the Leased Premises have been put into the agreed condition and are available for delivery to Tenant, appropriately completed, within fifteen (15) days of unless Landlord's requestnotice is not given in good faith. Tenant may occupy the Leased Premises commencing on the Delivery Date for the Permitted Use, and for purposes of installing furniture, fixtures and equipment, provided that Tenant shall be responsible for Additional Rent during such period and Tenant shall comply with all other provisions of this Lease (other than the payment of Base Monthly Rent).

Delivery of Possession. Landlord shall be deemed to have delivered will deliver possession of the Premises to Tenant in its current "as-is" condition (subject, however, to Section 11.2) on or before the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed date required by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession Section 1.7 of the Premises "as is" in its present condition on the Commencement DateSummary. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purposeIf, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason not caused by Tenant, Landlord cannot deliver possession of the Premises to Tenant on by the Commencement Datedate required by Section 1.7 of the Summary, this Lease will not be void or voidable, nor will Landlord will not be liable to Tenant for any resulting loss or damage and resulting from such delay. If the delay in possession is caused by Tenant, then the Term and Tenant's obligation to pay rent will commence as of the date the Commencement Date would have occurred but for Tenant's delay, even though Tenant does not yet have possession. Notwithstanding the foregoing, Landlord will not be obligated to deliver possession of the Premises to Tenant (but Tenant will be liable for rent if Landlord can otherwise deliver the Premises to Tenant) until Landlord has received from Tenant all of the following: (i) a copy of this Lease shall not be extended fully executed by a delayed delivery Tenant; (ii)the first installment of possessionMonthly Basic Rent; and (iii) copies of policies of insurance or certificates thereof as required under Section 21 of this Lease. The preceding sentence notwithstandingNotwithstanding anything to the contrary contained herein, if Landlord fails to deliver possession has not delivered the Premises to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days from the date hereof for any reason, including but not limited to force majeure delays, Tenant shall have the right thereafter (but prior to delivery of the Premises) to cancel this Lease by giving Landlord written notice thereof, and upon such cancellation, Landlord shall return all sums theretofore deposited by Tenant with Landlord's request, and neither party shall have any further liability to the other hereunder.

Delivery of Possession. Landlord shall be deemed to have delivered will deliver sole possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Premises "as isAS IS" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as may be expressly provided in this Lease and the WorkletterLease. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, and Landlord will not be liable to Tenant for any resulting resultant loss or damage and damage, but Landlord shall in that case have a period of time not to exceed 45 days in which to deliver possession, during which time the Term of this Rent shall be proportionally abated on a per diem basis, failing which the Lease shall not be extended by a delayed delivery automatically terminate without any liability whatsoever of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right or of Tenant to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that dateLandlord. Tenant will execute and deliver to Landlord the Commencement Date and Estoppel Certificate attached to this Lease as Exhibit E, appropriately completedC or such other form of estoppel certificate as is requested by Landlord's lender or other commercial lenders making loans to national borrowers in the marketplace, within fifteen (15) 5 business days of Landlord's request.

Delivery of Possession. (a) Landlord shall will be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the WorkletterSection 2.02(c) below or RIDER NO. 1 of this Lease. Landlord shall will construct or install in the Premises the improvements Work (as that term is defined in RIDER NO. 1) to be constructed or installed by Landlord according to the WorkletterRIDER NO. 1. If no Workletter RIDER NO. 1 is attached to this Lease, it shall Landlord will be deemed that Landlord to have delivered to Tenant possession of the Premises in its "as is" in its present condition on as of the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant tenant improvements to the Premises except as expressly provided in this Lease and the WorkletterRIDER NO. 1. If for any reason reason, Landlord cannot deliver possession of the Premises to Tenant on or before the fixed date component of the Commencement Date, this Lease will not be void or voidable, and Landlord will not be liable to Tenant for any resulting resultant loss or damage damage. (b) If, by the Outside Date component of the Commencement Date specified in Section 1.01(c)(iii), the Premises have not been substantially completed (as defined below) due to default by Tenant, Landlord shall have no liability, and the Term obligations of this Lease (including, without limitation, the obligation to pay rent) shall nonetheless commence as of said Outside Date component of the Commencement Date. (c) If, however, the Premises are not be extended substantially completed by the Outside Date specified in Section 1.01(c)(iii) due to any cause other than a delayed delivery default by Tenant, then as Tenant's sole remedy for the delay in Tenant's occupancy of possession. The preceding sentence notwithstandingthe Premises, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Outside Date component of the definition of the Commencement Date shall be delayed for any reason other than the period of delay in substantial completion of the Premises resulting therefrom. Notwithstanding the foregoing sentence, if the Premises are not substantially completed by the Outside Date due solely to a Delay Caused default on the part of Landlord (i) Tenant's obligation to pay Base Rent following the Commencement Date shall be abated for one (1) day (for each day that the Premises are not substantially completed by Tenant, as defined the Outside Date due solely to a default by Landlord) and the expiration of the initial Lease Term shall be extended for one (1) day (for each day that the Premises are not substantially completed by the Outside Date due solely to a default by Landlord) and (ii) in the Workletterevent the Commencement Date has not occurred on or before September 8, Tenant1998 ("Guaranteed Completion Date"), as its sole remedy, Tenant shall thereafter have the right right, upon written notice to Landlord (the "30 Day Notice") to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three effective on the date thirty (330) days after that date. Tenant will execute following receipt by Landlord of the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, 30 Day Notice provided: (a) Landlord may vitiate such termination if the Premises are substantially complete within fifteen thirty (1530) days following the 30 Day Notice, and (b) the Guaranteed Completion Date shall be extended by one (1) day for each day of the delay attributable to a cause other than a default by Landlord. The Premises shall be deemed "substantially completed" when (i) Landlord has provided reasonable access to the Premises to Tenant, (ii) Landlord has completed the Work (as defined in RIDER NO. 1) other than details of construction which do not materially interfere with Tenant's use of the Premises, and (iii) Landlord has obtained a permanent or temporary certificate of occupancy for the Premises (or its equivalent). For purposes of this Section 2.02, "Force Majeure Delays" shall mean and refer to a period of delay or delays encountered by Landlord affecting the Work because of delays due to excess time in obtaining governmental permits or approvals beyond the time period normally required to obtain such permits or approvals for similar space within the ▇▇▇▇▇▇ Airport Center; fire, earthquake or other acts of God; acts of the public enemy; riot; insurrection; public unrest; governmental regulations of the sales of materials or supplies or the transportation thereof; strikes or boycotts; shortages of material or labor or any cause beyond the reasonable control of Landlord's request.

Delivery of Possession. (a) Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Premises Premises, with Landlord’s Work Substantially Complete, in accordance with the terms of delivery set forth in Exhibit "as is" in its present condition on the Commencement DateC", and free and clear of all other tenants and occupancies. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or shall not be liable for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to delay in delivery of possession of the Premises except as set forth in subsection 2.6(b) below. Landlord makes no representation or warranty with respect to the occupancy by any tenant or occupant, as to the date on which any such tenant or occupant accepted or will accept occupancy of its space or the use to which any other tenant or occupant will put its leased space, except as expressly provided in this Lease and herein. (b) The projected delivery date of the WorkletterPremises with Landlord’s Work Substantially Complete is July 1, 2014. If for any reason Landlord cannot deliver possession of the Premises to Tenant in the condition required above on the Commencement Dateprojected delivery date for any reason, this Lease will Landlord shall not be void or voidable, Landlord will subject to any liability therefore except as set forth in this Section 2.6(b). Such failure of delivery shall not be liable to Tenant for any resulting loss or damage and affect the Term validity of this Lease or the obligations of Landlord or Tenant hereunder except as provided herein. If Landlord shall not be extended by have failed to deliver the Premises with Landlord’s Work Substantially Complete on or before December 1, 2014 (the “First Credit Date”), then Tenant shall receive a delayed delivery credit against Base Rent in the amount of possession$7,913.80 for each day thereafter until the earlier of (i) the date Landlord delivers possession of the Premises with Landlord’s Work Substantially Complete, or (ii) February 1, 2015 (the “Second Credit Date”). If Landlord shall have failed to deliver the Premises with Landlord’s Work Substantially Complete or before the Second Credit Date, then Tenant shall receive a credit against Base Rent in the amount of $15,827.60 for each day thereafter until the date Landlord delivers possession of the Premises with Landlord’s Work Substantially Complete. The preceding sentence notwithstandingcredits due under the prior two sentences shall be applied against the Base Rent initially due hereunder and shall continue until exhausted, and thereafter Tenant shall commence payment of Base Rent. In addition, if Landlord fails is unable to deliver possession of the Premises to Tenant within sixty with Landlord’s Work Substantially Complete on or before May 1, 2015 (60) days after the Commencement Date for any reason other than a subject to Tenant Delay Caused by or an event of Force Majeure), then Tenant, as defined in the Workletter, Tenant, as its sole remedyand absolute discretion, shall have the right option at any time thereafter to terminate this Lease and receive a refund of all upon notice to Landlord, in which event this Lease shall terminate, Landlord shall return any prepaid Rent to Tenant, and Security Deposits provided Tenant gives written notice of termination to both Landlord within three (3) days after that date. Tenant will execute and the Commencement Date Certificate attached to parties shall be released from any further liability or obligation under this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestLease.

Delivery of Possession. Landlord shall be deemed to have delivered will deliver possession of the Premises to Tenant in its current “as-is” condition (subject, however, to Section 11.2) on or before the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed date required by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession Section 1.7 of the Premises "as is" in its present condition on the Commencement DateSummary. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purposeIf, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason not caused by Tenant, Landlord cannot deliver possession of the Premises to Tenant on by the Commencement Datedate required by Section 1.7 of the Summary, this Lease will not be void or voidable, nor will Landlord will not be liable to Tenant for any resulting loss or damage and resulting from such delay. If the delay in possession is caused by Tenant, then the Term and Tenant’s obligation to pay rent will commence as of the date the Commencement Date would have occurred but for Tenant’s delay, even though Tenant does not yet have possession. Notwithstanding the foregoing, Landlord will not be obligated to deliver possession of the Premises to Tenant (but Tenant will be liable for rent if Landlord can otherwise deliver the Premises to Tenant) until Landlord has received from Tenant all of the following: (i) a copy of this Lease shall not be extended fully executed by a delayed delivery Tenant; (ii) the first installment of possessionMonthly Basic Rent; and (iii) copies of policies of insurance or certificates thereof as required under Section 21 of this Lease. The preceding sentence notwithstandingNotwithstanding anything to the contrary contained herein, if Landlord fails to deliver possession has not delivered the Premises to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days from the date hereof for any reason, including but not limited to force majeure delays, Tenant shall have the right thereafter (but prior to delivery of the Premises) to cancel this Lease by giving Landlord written notice thereof, and upon such cancellation, Landlord shall return all sums theretofore deposited by Tenant with Landlord's request, and neither party shall have any further liability to the other hereunder.

Delivery of Possession. HOLDING OVER: (a) Immediately upon expiration or sooner termination of the lease term, Tenant shall vacate and deliver to Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement DatePremises, and except as it may be adjusted pursuant to the Workletter. Landlord shall construct or install provided in the Premises next sentence, all Tenant improvements and alterations, broom clean, in good condition and in substantially the improvements to be constructed or installed by Landlord according to same condition as they were in the Workletter. If no Workletter is attached to commencement of this Lease, it or when installed, if later, normal wear and tear excepted. Prior to such delivery, Tenant shall be deemed remove all personal property and alterations that Landlord delivered Tenant has the right to Tenant possession remove or is obligated to remove under the provisions of Paragraph 11 and shall repair all damage caused and perform all restoration necessary as a result of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness removal of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct personal property. (b) If Tenant has vacated the premises Landlord may elect to retain or dispose of in any manner any alterations or personal property that Tenant improvements to does not remove from the Premises except on expiration or sooner termination of the lease term as expressly provided allowed or required by this Lease. Title to any such alterations or personal property that Landlord elects to retain or dispose of after Tenant has vacated the Premises shall vest in this Lease Landlord. Tenant waives all claims against Landlord for damage or injury to Tenant resulting from Landlord's retention of any such alteration or personal property and the Worklettershall indemnify and hold Landlord harmless from liability for damages and all costs and expenses incurred by Landlord in defending claims to any such alterations or personal property asserted by any other person. Tenant shall reimburse Landlord upon demand for Landlord's reasonable costs of storing, removing, and/or disposing of any such alterations or personal property. (c) If for any reason Landlord cannot Tenant fails to vacate and deliver possession of the Premises to Tenant on the Commencement Dateexpiration or earlier termination of the lease term, this Lease will not be void or voidableas required under subparagraph (a) above, Tenant shall hold Landlord will not be liable harmless from all damages resulting from Tenant's failure to so vacate and deliver possession of the Premises, including, without limitation, claims made by a succeeding tenant resulting from Tenant's failure to vacate and deliver possession of the Premises and any rental loss suffered by Landlord. Tenant for any resulting loss or damage and understands that the Term termination date of this Lease lease was selected to occur prior to expected vacancies in other buildings in the vicinity and that consequently any delay in vacating the Premises may substantially adversely affect Landlord's ability to re-lease the Premises. (d) If Tenant, with Landlord's consent, remains in possession of the Premises after expiration of the lease term, such possession by Tenant shall not be extended deemed to be a month-to-month tenancy terminable on thirty (30) days notice given at any time by a delayed delivery either party. All provisions of possession. The preceding sentence notwithstandingthis Lease, except those pertaining to term, and option to extend, if Landlord fails any, shall apply to the month-to-month tenancy, provided that the Minimum Rent shall be one-hundred twenty-five percent (125%) of the minimum rent payable during the last month of the lease term. (e) Tenant shall vacate and deliver possession to Tenant within sixty (60) days after of the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund Premises free of all prepaid Rent liens, charges, or encumbrances resulting from any act or omission on Tenant's part and Security Deposits provided Tenant gives written notice free and clear of termination all violations thereon placed by any federal, state, municipal or other agency or authority, and shall indemnify Landlord against any and all loss, expense, damage, costs, or attorneys' fees arising out of Tenant's failure to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestdo so.

Delivery of Possession. If Landlord shall be deemed unable for any reason to have delivered give possession of the Premises on the Commencement Date to Tenant, Landlord shall not be subject to any liability for failure to give possession. Under such circumstances the Rent reserved and covenants to be paid herein shall not commence until possession of the Premises is given to Tenant, but such failure to give possession on the Commencement Date shall not affect the validity of this Lease or otherwise affect the obligations of Tenant hereunder, nor shall the same be construed to extend the Term. Notwithstanding anything contained herein to the contrary, in the event that Landlord fails to give possession of the Premises on the Commencement Date, as it may be adjusted pursuant and such failure continues for forty-five or more days, Tenant may, at its option, terminate this Lease with written notice to the Workletter. Landlord, and Landlord shall construct then have five (5) days to return any Security Deposit or install other sums paid hereunder to Tenant, and, at such time, neither party shall have any further rights or obligations hereunder. The Premises shall neither be deemed incomplete or unavailable for Tenant's possession or occupancy if only minor or insubstantial details of construction, decoration or mechanical adjustments remain to be completed in the Premises or any part thereof, or if the improvements to be constructed or installed by Landlord according to delay in the Workletter. If no Workletter is attached to this Lease, it availability of the Premises for occupancy shall be deemed that due to special work, changes, alterations material amounts of: special work; changes; alterations; or additions required or made by Tenant in the Premises or any part thereof, or shall be caused by Tenant through the delay of Tenant in submitting plans, supplying information, approving plans, specifications or estimates, giving authorizations, or shall be caused in whole or in part by delay or default on the part of Tenant or any other reason set forth in an agreement of Landlord delivered to Tenant perform work within the Premises (herein called the "Work Letter"), if any, attached hereto. In the event of any dispute as to whether possession of the Premises "as is" in its present condition on the Commencement Date. has been tendered to Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of whether the Premises are ready for the conduct of Tenant's business or for any other purposeoccupancy, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days decision of Landlord's requestarchitect shall be final and binding on the parties.

Delivery of Possession. The Premises are currently occupied by The Integer Group, LLC (“Integer”), pursuant to a Building Lease dated May 10, 2000, as subsequently amended (the “Integer Lease”). Landlord shall be deemed has entered into an agreement with Integer to terminate the Integer Lease and to have delivered possession of Integer vacate the Premises to Tenant on the Commencement Dateeffective as of January 10, as it may be adjusted pursuant to the Workletter2005. Landlord shall construct or install in use reasonable efforts to ensure that Integer vacates the Premises the improvements to be constructed on or installed by Landlord according before January 10, 2005, and shall allow Tenant early access to the WorkletterPremises as soon as reasonably practicable following the date Integer vacates (the “Early Access Date”). If no Workletter is attached to this Lease, it The Premises shall be deemed that Landlord delivered tendered to Tenant, and Tenant possession shall accept tender of the Premises, in their “as-is, where-is” condition, without representation or warranty of any kind, except as may otherwise be specifically set forth herein. Landlord shall give Tenant and Tenant’s agents and contractors reasonable access to the Premises "beginning on the Early Access Date for the construction of the Tenant Improvements, and Tenant agrees that minor inconveniences that do not unreasonably interfere with Tenant’s construction (e.g., small amounts of personal property that may have been left behind by Integer) shall not be deemed a delay in Landlord’s delivery of the Premises. The period from the Early Access Date to the Commencement Date is referred to herein as is" in its present condition on the “Early Access Period”. All terms and conditions of this Lease shall apply during the Early Access Period; provided, however, that Tenant shall not be obligated to pay Base Rent or Additional Rent until the Commencement Date. Tenant acknowledges agrees that neither Landlord nor its agents shall not be liable in any way for any injury, loss or employees have made damage which may occur to any representations of Tenant’s property or warranties as to the suitability or fitness of installations in the Premises for during the conduct Early Access Period, the same being at Tenant’s sole risk, except where such injury, loss or damage is caused by Landlord’s or its agents’, contractors’, suppliers’ or workmen’s gross negligence. Tenant agrees to protect, defend, indemnify and hold harmless Landlord from all liabilities, costs, damages, fees and expenses, including reasonable attorney fees, arising out of or connected with the activities of Tenant or its agents, contractors, suppliers or workmen in or about the Premises, the Building, the Property or the REOA Common Area during the Early Access Period. Tenant shall pay any extraordinary Operating Costs arising during the Early Access Period which exceed the Operating Costs Landlord would have incurred in the absence of Tenant's business ’s early access. Landlord agrees to protect, defend, indemnify and hold harmless Tenant from all liabilities, Table of Contents costs, damages, fees and expenses, including reasonable attorney fees, arising out of or for any other purpose, nor has connected with the activities of Landlord or its agents agents, contractors, suppliers or employees agreed to undertake any alterations workmen in or construct any Tenant improvements to about the Premises except as expressly provided in this Lease and during the Workletter. If for Early Access Period, that unreasonably interfere with the Tenant’s construction activities; provided, however, that nothing contained herein shall be deemed to limit Landlord’s ability to perform or have performed any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void scheduled or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestemergency Building maintenance activities.

Delivery of Possession. Landlord The Promoter/Developer herein shall be deemed complete the construction of the said accommodation in all respect on or before 18 months from this date. After completion of construction in all respects in respect of the said accommodation the promoter/Developer herein shall inform in writing to have delivered the Purchasers that the said accommodation is ready for use and occupation and on receipt of such letter the Purchasers herein shall inspect the said accommodation in all respect and get satisfied according to the terms and conditions of this Agreement. After Purchasers are satisfied himself as aforesaid, at his request the Promoter/Developer herein shall give the possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant said Accommodation to the Workletter. Landlord shall construct or install Purchaser/s only after the payment of all dues payable by the Purchaser/s, and provided the Purchaser/s herein has not committed any default in the Premises the improvements to be constructed or installed by Landlord according payment of consideration in installment on due date to the Workletter. If no Workletter is attached to Promoter/Developer in pursuance of these presents and in case of any complaint regarding the Flat, its specifications and/or terms of this LeaseAgreement the purchaser shall get the same covered before taking the possession only with prior intimation in writing and once the Flat purchaser accept the possession of the Flat, it shall be deemed that Landlord delivered to Tenant possession the Flat purchaser does not have any complaint/s in respect of the Premises "as is" Flat or the terms of this Agreement and if any lacunas are there, the same shall be deemed to be waived by the purchaser. Provided that the Promoter/Developer herein shall be entitled to the extension of time for completing the construction of the said construction in its present condition all respects on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents aforesaid date, if i) The Purchaser/s commits any default in payment of installment as mentioned hereinabove; ii) Any extra work required to be carried in the said Accommodation as per the requirement at the and at the sot of Purchaser/s; iii) Non-availability of steel, cement, or employees have made any representations other building materials, water or warranties electric supply, labour problems etc.; iv) War, civil commotion or act of God; v) Any notice, order, rules or notification of the Government and/or public or competent Authority; vi) Delay in grant of any NOC/permission/licensee connection/installation of any services such as electricity & water connections and meters to the suitability Scheme/Flat/ Row house, Road NOC or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestcompletion certificate from appropriate Authority.

Delivery of Possession. Landlord shall be deemed to have delivered deliver possession of each Suite to Tenant, broom clean and free from occupancy by any party (but otherwise in its then as-is condition), promptly following the Premises expiration of the current lease of such Suite and the surrender of possession by the current occupant; provided, that the “Delivery Date” as to each Suite shall be the later to occur of (i) the Estimated Delivery Date for such Suite, and (ii) the date that Landlord delivers possession of such Suite to Tenant on in the Commencement Date, as it may be adjusted pursuant to the Workletterrequired condition. Landlord shall construct or install use its best commercially reasonable efforts to cause the Delivery Date for each Suite to occur no later than the Estimated Delivery Date therefore, as set forth in the Premises Basic Lease Information. Such best commercially reasonable efforts may include, without limitation, negotiating for the improvements early termination or “buy outs” of existing leases on terms acceptable to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Datesole and absolute discretion, seeking to enforce any contractual rights of relocation of existing tenants of Suites, and enforcing contractual surrender obligations under existing leases to cause such existing tenants to timely surrender their premises, which enforcement shall include, without limitation, promptly commencing and pursuing unlawful detainer and eviction proceedings. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties Except as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purposeotherwise expressly set forth below, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If if, for any reason whatsoever, Landlord cannot deliver possession of the Premises a Suite to Tenant on or before the Commencement DateEstimated Delivery Date for such Suite, then this Lease will shall not be void or voidable, Landlord will not nor shall Landlord, or Landlord’s agents, advisors, employees, partners, shareholders, directors, invitees, independent contractors or Landlord’s manager (collectively, “Landlord’s Agents”), be liable to Tenant for any resulting loss or damage and resulting therefrom. Notwithstanding anything herein to the contrary, in connection with any Suite for which the existing tenant’s right to occupy such Suite expires as of, or subsequent to, the Estimated Delivery Date for such Suite, then if, for any reason, including, without limitation, delays due to Force Majeure, the Delivery Date for such Suite fails to occur by the Estimated Delivery Date, then the date Tenant is otherwise required to commence the payment of Base Rent for such Suite shall be delayed by one (1) additional day for each day after the Estimated Delivery Date until the actual Delivery Date occurs. Additionally, in connection with any Suite for which the existing tenant’s right to occupy such Suite expires prior to the Estimated Delivery Date for such Suite, then if, for any reason, including, without limitation, delays due to Force Majeure, the Delivery Date for such Suite fails to occur by the date which is ninety (90) days following the Estimated Delivery Date (the “Outside Delivery Date”), then the date Tenant is otherwise required to commence the payment of Base Rent for such Suite shall be delayed by one (1) additional day for each day after the Outside Delivery Date until the actual Delivery Date occurs. For the avoidance of doubt, the Term of this Lease respecting all Suites shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after co-terminous upon the Commencement Date for any reason other than a Delay Caused by TenantExpiration Date, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Basic Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestInformation.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall will construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant tenant improvements to the Premises Premises, except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the anticipated Commencement DateDate as stated in Section 1.1(l), this Lease will not be void or voidable, and Landlord will not be liable to Tenant for any resulting resultant loss or damage and damage; provided, however, in the Term of this Lease shall not be extended by a delayed event delivery of possession. The preceding sentence notwithstandingpossession is delayed beyond the anticipated Commencement Date as stated in Section 1.1(l), if Landlord fails to deliver possession to Tenant within sixty (60) days after then the Commencement Date and Rent Commencement Date shall be delayed on a day-by-day basis as provided in Paragraph 9 of the Workletter. Once the Commencement Date and Rent Commencement Date have been established, the parties shall execute and exchange an agreement specifying the Commencement Date and Rent Commencement Date, the Expiration Date and any other dates related thereto. If for any reason other than a Delay Caused by Tenant, the "Tenant Delays" as defined in Section 8 of the Workletter, TenantLandlord has not achieved Substantial Completion as defined in Section 1(p) of the Workletter within 180 days after the anticipated Commencement Date, as its sole remedy, Tenant shall have the right to terminate this Lease and receive a refund by giving Landlord Notice of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord such election within three ten (310) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days expiration of Landlord's requestsaid 180 days.

Delivery of Possession. Landlord shall be deemed use its best efforts to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Leased Premises "as is" on or before the Intended Commencement Date in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as presently existing condition, broom clean and ready to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletteroccupy. If for any reason Landlord cannot is unable to so deliver possession of the Leased Premises to Tenant on or before the Intended Commencement Date, for whatever reason, Landlord shall not be in default under this Lease, nor shall this Lease will be void, voidable or cancelable by Tenant until the lapse of sixty days after the Intended Commencement Date (the “delivery grace period”) however, the Lease Commencement Date shall not be void deemed to have occurred until such date as Landlord notifies Tenant that the Leased Premises are ready for occupancy. The term of the Lease shall be extended by the delay time. If Landlord is unable to deliver possession of the Leased Premises to Tenant within the described delivery grace period, then Tenant’s sole remedy shall be to cancel and terminate this Lease in which case Landlord shall refund all of Tenants deposits (less costs incurred by Landlord for commissions or voidableinterior improvements) provided the delay shall not have been caused by Tenant, and in no event shall Landlord will not be liable to Tenant for any resulting loss or damage and the Term of such delay. Tenant may not cancel this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days at any time after the Commencement Date date Landlord notifies Tenant the Leased Premises are Ready for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestOccupancy.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Leased Premises "on or before the intended Commencement Date (as is" set forth in its present condition on Article 1) with all improvements to lie constructed by Landlord under Exhibit “C” substantially completed and ready for occupancy; provided that the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness delivery of possession of the Leased Premises for and the conduct acceptance of the same by Tenant shall not waive or prejudice Tenant's business ’s rights with respect to (a) any punchlist items or for (b) any other purpose, nor has Landlord or its agents or employees agreed to undertake items covered by any alterations or construct any Tenant improvements to the Premises except as expressly provided warranties contained in this Lease and the Workletter. If for any reason or construction contracts if Landlord cannot is unable to so deliver possession of the Leased Premises to Tenant in the agreed condition on or before the Intended Commencement Date, for whatever reason, Landlord shall not be in default under this Lease, nor shall this Lease will be void, voidable or cancelable by tenant until the lapse of one hundred twenty days alter the Intended Commencement date (the “delivery grace period”); however, the Lease Commencement Date shall not be void deemed to have occurred until such date as Landlord notifies Tenant that file Leased Premises are in the agreed condition and are Ready for Occupancy. Additionally, the delivery grace period above set forth shall be extended for such number of days as Landlord may be delayed in making the agreed improvements and/or delivering possession of the Leased Premises to Tenant by reason of Force ▇▇▇▇▇▇ or voidablethe actions of Tenant. If Landlord is unable to deliver possession of the Leased Premises in the agreed condition to Tenant within the described delivery grace period (including any extensions thereof by reason of Force ▇▇▇▇▇▇ or the actions of Tenant), then Tenant’s sole remedy shall be to cancel and terminate this Lease, and in no event shall Landlord will not be liable in damages to Tenant for any resulting loss or damage and the Term of such delay. Tenant may not cancel this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days at any time after the Commencement Date date Landlord notifies Tenant that the Leased Premises have been put into (the agreed condition and are Ready for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestOccupancy.

Delivery of Possession. The date that Landlord shall be deemed to have delivered delivers possession of the Premises to Tenant on shall be the Commencement “Delivery Date”. Landlord anticipates delivery to occur immediately upon mutual Lease execution so long as Tenant has delivered proof of insurance, prepaid rent, and security deposit (or Letter of Credit, as it may be adjusted pursuant to the Workletterapplicable). Landlord shall construct or install in the Premises the improvements deliver to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this LeaseTenant, it and Tenant shall be deemed that Landlord delivered to Tenant accept, possession of the Premises "as is" in its present condition AS IS condition, WITH ALL FAULTS on the Commencement DateDelivery Date and Tenant acknowledges that Landlord shall have no obligation to alter, repair or otherwise prepare the Premises for Tenant’s occupancy or to pay for or construct any improvements to the Premises, except for a Non- Compliant Condition. As used herein, “Non-Compliant Condition” means the failure of any of the following systems to be in working order: roof; existing heating, ventilation and air-conditioning (“HVAC”); electrical; lighting; fire sprinkler; and plumbing, to the extent serving and within the Premises. Tenant shall notify Landlord of any Non-Compliant Condition prior to the six (6) month anniversary of the Delivery Date (the “Warranty Period”). If Landlord contests whether a Non- Compliant Condition exists, the matter shall be referred to a mutually agreed upon licensed architect for resolution, whose decision shall be binding on Landlord and Tenant. Tenant acknowledges and agrees that Landlord’s architect of record may be considered for resolving such disputes. Tenant’s failure to notify Landlord of a Non-Compliant Condition before the expiration of the Warranty Period shall be deemed to conclusively establish that the Premises and the Building were at such time in good, sanitary and satisfactory condition and repair and without any Non-Compliant Conditions. Landlord shall cure, at Landlord’s sole cost and expense, any Non-Compliant Condition of which it is timely noticed and agreed that such Non-Compliant Condition exists. Notwithstanding anything to the contrary above, Tenant (not Landlord) shall have the obligation to cure a Non-Compliant Condition that is caused by the Tenant or Tenant’s agents, or triggered by Tenant’s particular use of the Premises or Tenant’s alterations to the Premises, including any modifications to the Premises or Building by Tenant or in connection with the Tenant Improvements. Tenant acknowledges that neither Landlord the existence of a Non-Compliant Condition shall not entitle Tenant to a▇▇▇▇ Rent nor its agents to cure such Non-Compliant Condition and offset Rent for the cost of the same except in the event that Tenant is prevented from using, and does not use, the Premises or employees have made any representations portion thereof, for ten (10) consecutive business days after Landlord’s receipt of written notice reasonably detailing such failure (the “Eligibility Period”) solely as a result Landlord’s gross negligence or warranties willful misconduct in failing to perform any repair or maintenance of a Non-Complaint Condition after during the Warranty Period, then Tenant’s Base Monthly Rent shall be equitably abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use, the suitability Premises or fitness a portion thereof, in the proportion that the rentable area of the portion of the Premises for the conduct of Tenant's business or for any other purposethat Tenant is prevented from using, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements and does not use, bears to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession total rentable area of the Premises until such use is restored up to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term a maximum of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as days. Tenant hereby waives and releases its sole remedy, shall have the right to terminate this Lease make repairs at Landlord’s expense under Sections 1941 and receive a refund 1942 of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit ECalifornia Civil Code, appropriately completedor under any similar law, within fifteen (15) days of Landlord's requeststatute, or ordinance now or hereafter in effect.

Delivery of Possession. Landlord shall be deemed to have delivered will deliver possession of the Premises to Tenant in its current "as-is" condition with the addition of only those items of work described on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements EXHIBIT "C" which are to be constructed or installed substantially completed by Landlord according to on or before the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Estimated Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purposeIf, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason not caused by Tenant, Landlord cannot deliver possession of the Premises to Tenant on the Estimated Commencement Date, this Lease will not be void or voidable, nor will Landlord will not be liable to Tenant for any resulting loss or damage and resulting from such delay. If the delay in possession is caused by ▇▇▇▇▇▇, then the Term and ▇▇▇▇▇▇'s obligation to pay rent will commence as of the date the Commencement Date would have occurred but for Tenant's delay; even though ▇▇▇▇▇▇ does not yet have possession. Notwithstanding the foregoing, Landlord will not be obligated to deliver possession of the Premises to Tenant (but Tenant will be liable for rent if Landlord can otherwise deliver the Premises to Tenant) until Landlord has received from Tenant all of the following: (i) a copy of this Lease shall not be extended fully executed by a delayed delivery ▇▇▇▇▇▇ and the guaranty of possession. The preceding sentence notwithstandingTenant's obligations under this Lease, if any, executed by the Guarantor(s); (ii) the Security Deposit, the first installment of Monthly Basic Rent, the installment of Monthly Basic Rent for the thirty-sixth (36th) month of the term, and the first installment of Tenant's Share of Operating Expenses, all of which shall be deemed earned by Landlord fails to deliver possession to Tenant within sixty upon Tenant's execution of this Lease; (60iii) days after copies of policies of insurance or certificates thereof as required under Section 12 of this Lease; and (iv) a copy of the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate Environmental Questionnaire attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requeston EXHIBIT "H" completed and executed by ▇▇▇▇▇▇.

Delivery of Possession. Landlord shall be deemed to have delivered possession shall, at Landlord's sole cost and expense, furnish all of the Premises design, material, labor and equipment required to Tenant on perform the Commencement Date, as it may be adjusted pursuant to the WorkletterLandlord's Work. Landlord shall construct the Landlord's Work in a good and workmanlike manner, and in accordance with all applicable statutes, ordinances and building codes, governmental rules. regulations and orders relating to construction of the Landlord' s Work (but not matters arising because of any tenant build out work or install specific to the particular business Tenant seeks to engage in the Premises or directly resulting from the improvements negligence or willful misconduct of any Tenant Party). Tenant agrees that Tenant is familiar with the condition of the Premises, and Tenant hereby accepts the foregoing on an AS-IS," "WHERE-IS" basis as of the Commencement Date except (i) for Landlord's obligation to be constructed or installed by Landlord according Substantially Complete the Landlord's Work, (ii) with respect to the Workletter. If no Workletter is attached Warranty Work during the Warranty Period, and (iii) to this Leasethe extent of Landlord's repair and maintenance obligations hereunder, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Dateif any. Tenant acknowledges that neither Landlord nor its agents or employees have has not made any representations or warranties representation as to the condition of the foregoing or the suitability or fitness of the foregoing for Tenant's intended use, except as may be herein expressly set forth. 3.2 Tenant Improvements. Tenant will be required to install certain Alterations to the Premises to prepare the Premises for Tenant's occupancy and business operations, which Alterations are set forth in the conduct plans and specifications attached hereto as Exhibit H and shall be deemed approved by the Landlord (the "Tenant Improvements"). Landlord shall contribute up to a maximum amount of $50,000.00 (the "TI Allowance") towards the costs of the Tenant Improvements, which such payment shall be made by Landlord to Tenant within 30 days following (a) completion of such Tenant Improvements, (b) Landlord's receipt of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to invoice substantiating the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestcosts related thereto.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord candoes not deliver possession of the Premises to Tenant on the Commencement Date, this Lease will and such failure is not caused by an act or omission of Tenant, the Expiration Date shall be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage extended by the number of days the Commencement Date has been delayed and the Term validity of this Lease shall not be extended by a delayed impaired nor shall Landlord be subject to any liability for such failure; but Rent shall be abated until delivery of possession. The preceding sentence notwithstandingProvided, however, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than has been delayed by an act or omission of Tenant then Rent shall not be abated until delivery of possession and the Expiration Date shall not be extended. Delivery of possession shall be deemed to occur on the earlier of the date Landlord receives a Delay Caused Certificate of Occupancy or upon substantial completion of the Premises (as certified by Tenant, as defined in Landlord's architect). If Landlord permits Tenant to enter into possession of the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute Premises before the Commencement Date Certificate attached Date, such possession shall be subject to the provisions of this Lease as Exhibit ELease, appropriately completedincluding, within fifteen without limitation, the payment of Rent (15unless otherwise agreed in writing). Within ten (10) days of delivery of possession Landlord shall deliver to Tenant and Tenant shall execute an Acceptance of Premises in which Tenant shall certify, among other things, that (a) Landlord has satisfactorily completed Landlord's requestWork to the Premises pursuant to Exhibit "D", unless written exception is set forth thereon, and (b) that Tenant accepts the Premises. Tenant's failure to execute and deliver the Acceptance of Premises shall be conclusive evidence, as against Tenant, that Landlord has satisfactorily completed Landlord's Work to the Premises pursuant to Exhibit "D". In the event Tenant fails to take possession of the Premises following execution of this Lease, Tenant shall reimburse Landlord promptly upon demand for all costs incurred by Landlord in connection with entering into this Lease including, but not limited to, broker fees and commissions, sums paid for the preparation of a floor and/or space plan for the Premises, costs incurred in performing Landlord's Work pursuant to Exhibit "D", loss of rental income, attorneys' fees and costs, and any other damages for breach of this Lease established by Landlord.

Delivery of Possession. When the Tenant Improvements are substantially completed, Landlord and Tenant shall together walk through and inspect the Premises and Tenant Improvements so completed (which inspection shall include the testing of all utility facilities, lighting, HVAC equipment, and other service equipment affecting the Premises, and an inspection of all ceilings, walls, and floors) using their best efforts to discover all uncompleted or defective construction. After such inspection has been completed, a list of “punchlist” items shall be prepared by Landlord which the parties agree are to be corrected by Landlord. Landlord shall use its best efforts to complete and/or repair such punchlist items within thirty (30) days. Tenant’s taking possession of the Premises shall be deemed to have delivered possession be an acceptance by Tenant of the Premises as complete and in accordance with the terms of this Lease, subject to completion of the punchlist items within said period and subject only to the warranty contained in Section 2.2(d)(i), 2.2(d)(ii) and 2.2(d)(iii) of the Lease. For any item or items of Tenant Improvements, if any, for which Tenant shall have any maintenance, repair or replacement obligation under the Lease, Landlord shall assign on a non-exclusive basis any construction warranties or enforce such warranties on Tenant’s behalf. Commencing on the Commencement Date, the Basic Rent shall be Zero Dollars ($0.00) per month, based on $0.00 per rentable square foot. Tenant shall not pay Operating Expenses (as it may be adjusted pursuant hereinafter defined) during the three-month period in which Basic Rent is $0.00 per rentable square foot. Basic Rent is subject to the Workletter. Landlord shall construct or install adjustment as follows: Commencing in the Premises third (3rd) calendar month following the improvements to be constructed or installed by Landlord according to month in which the Workletter. If no Workletter Commencement Date occurs and on the same day of the month as the Commencement Date (the “Rent Commencement Date”) (for example, if the Commencement Date is attached to this LeaseSeptember 15, it 2009, then commencing on December 15, 2009), the Basic Rent shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition [* * *]. Commencing on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness first (1st) anniversary of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not the Basic Rent shall be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and [* * *]. Commencing on the Term second (2nd) anniversary of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by TenantDate, the Basic Rent shall be [* * *]. Commencing on the third (3rd) anniversary of the Commencement Date, the Basic Rent shall be [* * *]. Commencing on the fourth (4th) anniversary of the Commencement Date, the Basic Rent shall be [* * *]. Commencing on the first (1st) day of the Extension Term (as defined in Section 3.3(a)), the WorkletterBasic Rent shall be [* * *]. Security Deposit: [* * *] Xilinx, Inc., (“Landlord”) and Sonicwall, Inc., (“Tenant”) hereby agree to amend the Lease Agreement previously executed on the 19th day if June, 2009 by the parties (the “Agreement”) to expressly include the following (this “Amendment”). This Amendment shall be effective as of the last date signed hereto. The parties hereby agree to delete Section 21.4 entitled Recordings in its sole remedy, shall have entirety and replace it with the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's request.following:

Delivery of Possession. If Landlord shall be deemed shall, for any reason (including, without limitation, failure to have delivered possession of complete the Premises to Tenant on the Commencement Datework, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements if any, required to be constructed or installed done by Landlord according to the Workletter. If no Workletter is attached to under this Lease), it shall be deemed that Landlord delivered fail to make available to Tenant possession of the Premises "as is" in its present condition on Alternative Substitute Premises, Landlord shall not be subject to any liability for such failure. Under such circumstances Tenant's obligations to pay the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises Basic Rent and Additional Rent for the conduct of Tenant's business or for any other purpose, nor has Alternative Substitute Premises shall not commence until Landlord or its agents or employees agreed makes possession available; and such failure to undertake any alterations or construct any make available to Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Alternative Substitute Premises shall not in any other way affect the validity or continuance of this Lease, or the Term, or the obligations of Tenant hereunder. Such deferral of Rent shall be Tenant's sole and exclusive right and remedy with respect to any such failure. There shall be no deferral of Rent, however, if any such failure is caused in whole or part by any act or omission of Tenant, its agents, servants, employees or contractors, which has the effect of hindering or delaying Landlord's delivery of possession or the timely completion of any work to be done by Landlord (hereinafter a "Tenant on Alternative Substitute Premises Delay") including, without limitation, (a) any delay which is caused by changes in the Commencement Datework to be performed by Landlord in readying the Alternative Substitute Premises for Tenant's occupancy, this Lease will not be void which changes are requested by Tenant, or voidable(b) to furnish to Landlord any required plan, Landlord will not be liable to Tenant for any resulting loss information, approval or damage and consent within the Term period of time required therefor by the terms of this Lease or caused by any good faith reluctance on the part of Landlord to approve any plan or other information required to be submitted by Tenant and approved by Landlord, or (c) any delay which is caused by the performance of any work or activity in the Alternative Substitute Premises by Tenant or any of its employees, agents or contractors. Tenant also shall not be extended by a delayed delivery of possession. The preceding sentence notwithstandingpay to Landlord, if Landlord fails to deliver possession to Tenant within sixty (60) ten days after the Commencement Date for receipt of demand made from time to time, a sum equal to any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination additional cost to Landlord within three (3) days after that date. in completing the Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestAlternative Substitute Premises Work resulting from any Tenant Alternative Substitute Premises Delay.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord candoes not deliver possession of the Premises to Tenant on the Commencement Date, this Lease will and such failure is not caused by an act or omission of Tenant, the Expiration Date shall be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage extended by the number of days the Commencement Date has been delayed and the Term validity of this Lease shall not be extended by a delayed impaired nor shall Landlord be subject to any liability for such failure; but Rent shall be abated until delivery of possession. The preceding sentence notwithstandingProvided, however, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused has been delayed by Tenantan act or omission of Tenant then Rent shall not be abated until delivery of possession and the Expiration Date shall not be extended. Delivery of possession shall be deemed to occur on the later of the execution of the Lease or November 1, as defined in 2002 If Landlord permits Tenant to enter into possession of the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute Premises before the Commencement Date Certificate attached Date, such possession shall be subject to the provisions of this Lease as Exhibit ELease, appropriately completedincluding, within fifteen without limitation, the payment of Rent (15unless otherwise agreed in writing). Within ten (10) days of delivery of possession Landlord shall deliver to Tenant and Tenant shall execute an Acceptance of Premises in which Tenant shall certify, among other things, that (a) Landlord has satisfactorily completed Landlord's request’s Work to the Premises pursuant to Exhibit “D”, unless written exception is set forth thereon, and (b) that Tenant accepts the Premises. Tenant’s failure to execute and deliver the Acceptance of Premises shall be conclusive evidence, as against Tenant, that Landlord has satisfactorily completed Landlord’s Work to the Premises pursuant to Exhibit “D”. In the event Tenant fails to take possession of the Premises following execution of this Lease, Tenant shall reimburse Landlord promptly upon demand for all costs incurred by Landlord in connection with entering into this Lease including, but not limited to, broker fees and commissions, sums paid for the preparation of a floor and/or space plan for the Premises, costs incurred in performing Landlord’s Work pursuant to Exhibit “D”, loss of rental income, attorneys’ fees and costs, and any other damages for breach of this Lease established by Landlord.

Delivery of Possession. Landlord shall What happens when the tenant can't move in by the commencement date. Notice: A written notification sent to the landlord or tenant regarding issues with occupancy. Occupants: Individuals residing in the premises not listed as tenants. Parking: A clause establishing parking situations for tenants' vehicles. Parties: The individuals involved in the rental transaction, including landlords and tenants. Payment Location: The address where the tenant must deliver payment. Personal Property: Items that can be deemed removed from the premises, such as furniture or televisions. Pet Deposit & Fee: An amount held by the landlord for damage due to have delivered possession a pet. Property Description: The physical address of the Premises rental property. Property Manager: An individual who operates a rental property on behalf of the owner. Prorated Rent: Adjusted rent payment when there's a delay in move-in date, calculated by dividing monthly payment by days not used. * The land, building(s), and fixtures attached to Tenant on it must be included in the Commencement Datelease agreement for its execution to be legitimate. * Copies of all related documents and payment receipts are essential upon receiving the agreement. * A check can become "returned" if the landlord's account does not have sufficient funds to cover the amount provided. * The security deposit protects the landlord from potential damages, as and it may must be adjusted pursuant returned to the Worklettertenant at the end of the lease term after deducting any necessary costs. Landlord shall construct or install * If a provision in the Premises lease agreement is invalid, it will not affect the improvements to be constructed or installed by Landlord other provisions included in the contract. * A sublandlord (sublessor) is responsible for re-renting a property, while a subtenant (sublessee) is the individual renting from them. * Subleasing requires permission from the original landlord and may only occur under specific circumstances. * The tenant occupies the property according to its agreed terms and conditions. * The lease term determines how long the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor tenant has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate occupy the property. * The use of a residence is restricted, often stating that it can only be used as a single- family dwelling. You can legally end your lease early by reviewing your Lease Agreement for conditions that allow termination with advanced notice or subletting the property to a third party. Contacting your landlord to explain your situation may lead to a mutually beneficial solution. A valid lease agreement can also serve as proof of residency in certain establishments. However, if you're dealing with tenants without a rental agreement, such as squatters or those on a tenancy at will, eviction procedures must be followed carefully. Negotiating with the tenant is often an option before resorting to more drastic measures like court action. Be able to settle a deal that works out for both parties and ends the tenancy in an amicable fashion. ▇▇▇▇▇▇' a notice to quit letter to the tenant disclosin' that you, the landlord, request they vacate the premises within a specified period of time. If all else fails and the tenant refuses to leave, ▇▇▇▇▇' legal action and tryin' to get a court order to evict the occupant might be necessary. However, this could end up ▇▇▇▇▇▇' the landlord a considerable amount of time and money, so it's essential they make sure their reasons for evicting the tenant are legitimate. Rules and regulations regarding evictions vary from state to state, makin' it crucial for landlords to research their local laws or hire legal counsel. Depending on the current status of the marketplace, either the landlord or prospective tenant will have the upper hand when negotiatin' the terms of the rental contract. For renters, research is key; determine what type of property fits your needs, how many bedrooms you require, and what amenities you'd like to have. After creatin' a list of potential properties and their prices, you'll have a better feel for the market. When speakin' with a landlord or their representative about a property, it's essential to inquire about certain aspects that could possibly reduce the cost of the rental, such as the vacancy rate, willingness to reduce costs, and whether they'd be open to coverin' utility expenses. ▇▇▇▇▇▇▇' an advance on future rent payments in return for a discount on the monthly rental cost might also be worth considerin'. Some landlords are willing to accept this offer, especially if it reduces the risk of non-payment. Negotiatin' a multiple-year lease can also convince a landlord to discount the rent; most property owners prefer consistent occupancy where they don't have to deal with findin' a new tenant. Promote yourself by highlightin' your positive aspects, such as a high credit score, solid references from past landlords, job status, financial statements, and no criminal record. Remember, negotiatin' is about meetin' somewhere in the middle; be willing to compromise to achieve a beneficial transaction. Know Your Property Value - Understand what makes your rental unique and valuable to potential tenants. This knowledge gives you leverage when negotiating a profitable monthly rent and terms. Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's request.Options - A

Delivery of Possession. Landlord shall be deemed to have delivered possession of will deliver the Premises to Tenant on the Commencement Date, with Landlord’s Work (as it may defined in Paragraph 1 of Exhibit ”C” attached hereto) substantially completed in accordance with the Final Plans and Specifications (as defined in paragraph 1 of said Exhibit ”C”), subject to revisions as mutually agreed to in writing by Landlord and Tenant, as evidenced, if requested by Tenant, by the certification of Landlord’s architect or other designated engineering representative. Tenant shall be adjusted pursuant given access to the Workletter. Premises upon written request to Landlord shall construct or install in the Premises the improvements not more than sixty (60) days prior to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to , for the suitability or fitness purposes of preparing the Premises for Tenant’s use. With the conduct exception of Tenant's business or for any other purposeAnnual Rental payments due, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in all terms and conditions of this Lease shall apply to Tenant upon such occupancy. Tenant shall coordinate such occupancy with Landlord and the Worklettershall not interfere with Landlord’s completion of Landlord’s Work. If Landlord for any reason Landlord whatsoever cannot substantially complete Landlord’s Work and deliver possession of the Premises to Tenant on the Commencement DateDate as above specified, this Lease will shall not be void or voidable, voidable nor shall Landlord will not be liable to Tenant for any resulting loss or damage resulting therefrom; but in that event (except to the extent that any such delay(s) has been caused by Tenant or its agent(s), employee(s), contractor(s) or subcontractor(s) (collectively, “Tenant Delay Factors”), and provided that in each such instance Landlord first gives Tenant written notice that if Tenant does not so cure its act or omission within two (2) business days the Term of this Lease same will thereafter be considered a Tenant Delay Factor, the Commencement Date shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if adjusted to be the date when Landlord fails to does in fact substantially complete Landlord’s Work and deliver possession of the Premises to Tenant within sixty Tenant. Notwithstanding anything herein to the contrary, in the event Landlord’s Work is not complete by the date which is one hundred twenty (60120) days after the Commencement Date for any reason other than a Delay Caused by Tenant, later to occur of: (i) waiver or expiration of the Contingency (as defined in Section 7 of Exhibit “E” hereof); and (ii) approval by Landlord and Tenant of space plans and construction drawings for the WorkletterPremises (such date referred to herein as the “Delivery Date”), Tenantexcept for reasons of Tenant Delay Factors or force majeure, as its sole remedywhich force majeure delays shall only be extended by up to 45 days, Tenant shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within be granted three (3) days after that date. Tenant will execute of free Minimal Rental for every day beyond the Delivery Date until Landlord’s Work has been complete, and the Rent Commencement Date Certificate attached shall be adjusted accordingly. In the event Landlord is unable to deliver the Premises by September 30, 2007, Tenant may terminate this Lease as Exhibit Ewith no further obligation by providing Landlord written notice on or before October 10, appropriately completed, within fifteen (15) days of Landlord's request2007.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement DateIf Landlord, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord whatsoever, cannot deliver possession of the Premises to Tenant on the Commencement Date, then this Lease will shall not be void or voidable, no obligation of Tenant shall be affected thereby, and neither Landlord will not nor Landlord's agents shall be liable to Tenant for any resulting loss or damage and resulting from the Term of this Lease shall not be extended by a delayed delay in delivery of possession; provided, however, that in such event, the Commencement Date and Expiration Date of this Lease, and all other dates that may be affected by their change, shall be revised to conform to the date of Landlord's delivery of possession to Tenant. The preceding sentence notwithstandingabove, if Landlord fails however, is subject to deliver the provision that the period permitted for the delay of delivery of possession to Tenant within sixty of the Premises shall not exceed ninety (6090) days after the Commencement Date set forth in the first sentence of this Section 3 (except that those delays beyond Landlord's control, including, without limitation, those encompassed in the meaning of the term "force majeure", or caused by Tenant (the "Delays") shall be excluded in calculating such period). If Landlord does not deliver possession to Tenant within such period, then Tenant may terminate this Lease by written notice to Landlord; provided, that written notice shall be ineffective if given after Tenant takes possession of any part of the Premises, or if given more than one hundred (100) days after the original Commencement Date plus the time of any Delays. Unless expressly otherwise provided herein, Rent (as hereinafter defined) shall commence on the earlier of: (i) the Commencement Date; (ii) occupancy of the Premises by Tenant; (iii) the date Landlord has the Premises ready for any reason other than a Delay Caused occupancy by Tenant, as defined in such date is adjusted under the WorkletterWork Letter, if any, attached hereto; or (iv) the date Landlord could have had the Premises ready had there been no Delays attributable to Tenant. Unless the context otherwise so requires, the term "Rent" as its sole remedy, shall have the right to terminate this Lease used herein includes both Base Rent (as hereinafter defined) and receive a refund of all prepaid Additional Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requesthereinafter defined).

Delivery of Possession. Except as otherwise provided herein, Landlord shall be deemed use commercially reasonable efforts to have delivered deliver possession of Premises on or before the anticipated Possession Date set forth on the Lease Summary. If for any reason, Landlord is delayed in delivering possession of the Premises to Tenant on the Commencement DateTenant, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements not be subject to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Leaseany liability for such failure, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term validity of this Lease shall not be impaired, but (except in the case of Tenant Delays) the Commencement Date shall be extended by a delayed delivery for the period of possessionsuch delay. The preceding sentence notwithstandingNotwithstanding the foregoing, provided no Default has occurred, if Landlord fails does not cause the Possession Date to occur within one hundred eighty (180) days following the anticipated Possession Date as set forth on the Lease Summary (the “Outside Date”), then the sole remedy of Tenant for such failure shall be the right to deliver possession a notice to Landlord (a “Termination Notice”) electing to terminate this Lease effective upon the date occurring fifteen (15) Business Days following receipt by Landlord of the Termination Notice (the “Effective Date”). The Termination Notice must be delivered by Tenant within sixty to Landlord, if at all, not earlier than the Outside Date nor later than fifteen (6015) days Business Days after the Commencement Outside Date. Provided however, if the Possession Date for occurs prior to the Effective Date, the termination shall be nullified and this Lease shall remain in full force and effect. Upon any reason termination as set forth in this Section, Landlord and Tenant shall be relieved from any and all liability to each other than a Delay Caused by resulting hereunder. Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the ’s right to terminate this Lease Lease, as set forth in this Section, shall be Tenant’s sole and receive a refund exclusive remedy at law or in equity for the failure of all prepaid Rent and Security Deposits provided Tenant gives written notice the Possession Date to occur by the Outside Date. The Outside Date shall be extended to the extent of termination to Landlord within three (3) days after that date. Tenant will execute any delays beyond the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days reasonable control of Landlord's request, including force majeure delays, and Tenant Delays.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Leased Premises "on or before the Intended Commencement Date (as is" set forth in its present Article 1) in their presently existing condition, broom clean, unless Landlord shall have agreed, as a condition on to Tenant's obligation to accept possession of the Commencement Date. Tenant acknowledges that neither Landlord nor its agents Leased Premises pursuant to a written Addenda attached to and made a part of this Lease, to modify existing interior improvements or employees have made any representations to make, construct and/or install additional specified improvements within the Leased Premises or warranties as to the suitability or fitness Outside Areas, in which case Landlord shall deliver to Tenant possession of the Leased Premises for on or before the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except Intended Commencement Date as expressly provided in this Lease and the Workletterso modified and/or improved. If for any reason Landlord cannot is unable to so deliver possession of the Leased premises to Tenant in the agreed condition on or before the Intended Commencement Date, for whatever reason, Landlord shall not be in default under this Lease, nor shall this Lease be void, voidable or cancelable by Tenant until the lapse of one hundred twenty days after the Intended Commencement date (the "delivery grace period"); however, the Lease Commencement Date shall not be deemed to have occurred until such date as Landlord notifies Tenant that the Leased Premises are in the agreed condition and are Ready for Occupancy. Additionally, the delivery grace period above set forth shall be extended for such number of days as Landlord may be delayed in making the agreed improvements and/or delivering possession of the Leased Premises to Tenant on by reason of Force Majeure or the Commencement Dateactions of Tenant. If Landlord is unable to deliver possession of the Leased Premises in the agreed condition to Tenant within the described delivery grace period (including any extensions thereof by reason of Force Majeure or the actions of Tenant), then Tenant's sole remedy shall be to cancel and terminate this Lease will not be void or voidableLease, and in no event shall Landlord will not be liable in damages to Tenant for any resulting loss or damage and the Term of such delay. Tenant may not cancel this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days at any time after the Commencement Date date Landlord notifies Tenant that the Leased Premises have been put into the agreed condition and are Ready for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestOccupancy.

Delivery of Possession. Landlord shall be deemed use best efforts to have deliver possession of the Premises to Tenant with Landlord’s Work complete and in turnkey condition such that Tenant is able to obtain permits for Tenant’s Work without further action by Landlord (“Turnkey Condition” as described in Exhibit E”). If despite using reasonable efforts, Landlord is unable to deliver possession of the Premises to Tenant in the Turnkey Condition on or before the Estimated Delivery Date, Landlord may extend the Estimated Delivery Date by up to ninety (90) days upon written notice to Tenant provided such notice is given at least sixty (60) days prior to the Estimated Delivery Date. If possession of the Premises has not been delivered to Tenant in the Turnkey Condition by the Estimated Delivery Date plus any applicable extensions for any reason whatsoever other than a Tenant Delay, then (a) Landlord shall, promptly after demand therefor, reimburse Tenant for its Holdover Costs, and (b) Tenant shall receive one (1) day of free Rent for each day after the Estimated Delivery Date plus any applicable extensions that Landlord has not delivered possession in the Turnkey Condition. Anything in this Lease to the contrary notwithstanding, if Landlord has not delivered possession of the Premises to Tenant in the Turnkey Condition on or before September 1, 2018, then Tenant may terminate this Lease by written notice to Landlord and this Lease shall terminate as of the Commencement date of such notice. As used herein, “Holdover Costs” shall mean those amounts charged to Tenant by its prior landlord for holding over in their then existing leased premises (the “Prior Lease”) in excess of the rent and other charges payable by Tenant under the Prior Lease for the period immediately prior to the Holdover Date, as it may be adjusted pursuant established by documentation reasonably acceptable to Landlord. Both parties wish to amend this Section to state the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's request.following:

Delivery of Possession. Early Occupancy. Landlord shall be deemed deliver to have delivered Tenant, and Tenant shall accept, possession of the Leased Premises on the Delivery Date, in good, clean and working condition but otherwise in its then AS IS condition, subject only to: (a) Landlord’s completing, on or before the Lease Commencement Date, the Landlord’s Work described and defined in Paragraph 1 of the Work Letter attached as Exhibit D to and made a part of this Lease (the “Work Letter”), the terms and provisions of which are hereby incorporated into this Lease, (b) any costs associated with ADA code compliance for the Building exterior, including “path of travel” requirements to the Building and the Leased Premises, will be Landlord’s sole expense and not passed through to Tenant throughout the Lease Term (“Landlord’s ADA Work”), and (c) Landlord shall repair, at its sole cost and expense, after receipt of Tenant’s written notice thereof, which notice must be delivered to Landlord within the first thirty (30) days after delivery of the Leased Premises to Tenant with Landlord’s Work completed, any defects or deficiencies (including non-compliance with applicable laws) of the roof of the Building and the Building operating systems on Levels C and D (such as, without limitation, HVAC, plumbing, electrical and life safety) which are not in good working order and/or non-compliant with applicable laws. Notwithstanding the Commencement foregoing, and without in any way affecting the Delivery Date, as it may be adjusted pursuant to Landlord agrees that following the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to full execution of this Lease, it shall be deemed that Landlord delivered to and Tenant’s delivery of all required insurance information, Tenant possession of may enter the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Leased Premises for the conduct purpose of, and only for the purpose of, the planning and construction of the Tenant Improvements (as such term is defined in the Work Letter), and the installation of Tenant’s fixtures and equipment, all in furtherance of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any intended operations from the Leased Premises ("Early Occupancy"). While Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended required to pay Rent during the Early Occupancy, all other terms of this Lease, including, but not limited to Tenant’s obligations to carry all insurance required by the Lease, etc., shall be in effect during such Early Occupancy. It is acknowledged that the Early Occupancy may occur during a delayed delivery period that Landlord is performing the Landlord Work upon the Leased Premises, and Landlord and Tenant, and each of possession. The preceding sentence notwithstandingtheir employees, agents, contractors, consultants, workmen, mechanics, suppliers and invitees, shall cooperate reasonably to work in harmony with, and not unreasonably interfere with the work being performed by the other party; provided, however, that if Landlord fails to deliver possession to Tenant within sixty (60) days after in good faith determines that Tenant’s Early Occupancy is causing a delay in completion of the Commencement Date for any reason other than a Delay Caused by Landlord’s Work, Landlord may suspend or revoke Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the ’s Early Occupancy right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within upon three (3) days after that datebusiness days’ prior written notice to Tenant, and if by the end of such notice period Tenant ceases causing such delay, such suspension or revocation shall be deemed withdrawn. Landlord agrees to reasonably cooperate (at Tenant’s sole cost) with Tenant will execute as may be required in order for Tenant to obtain all permits and other approvals required by applicable governmental authorities in connection with the Commencement Date Certificate attached Tenant Improvements to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestbe constructed by Tenant.

Delivery of Possession. Landlord shall be deemed to have delivered possession of deliver the Leased Premises to Tenant with the Base Building (as defined below) substantially complete on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the WorkletterEffective Date of this Lease. If no Workletter Landlord is attached unable to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot so deliver possession of the Premises Base Building to Tenant in the agreed condition on the Commencement Date, this Lease will not be void or voidabledates specified, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended in default under this Lease, nor shall this Lease be void, voidable or cancelable by a delayed delivery Tenant until the lapse of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Effective Date for any reason other than a Delay Caused by Tenant, as defined of this Lease (the "delivery grace period"). If Landlord is unable to deliver possession of the Base Building in the Workletteragreed condition to Tenant within the described delivery grace period (including any extension thereof by reason of Force Majeure or the actions or inactions of Tenant), then Tenant, as its 's sole remedy, remedy shall have the right be to terminate this Lease Lease, and receive a refund of all prepaid Rent and Security Deposits provided in no event shall Landlord be liable in damages to Tenant gives written notice of termination to Landlord within three (3) days after that datefor such delay. Tenant will execute may not terminate this Lease at any time after the date Landlord notifies Tenant that the Base Building has been put into the agreed condition and are available for delivery to Tenant, unless Landlord's notice is not given in good faith. In the event that Tenant is delayed in commencing the Improvement Work due solely to Landlord's failure to deliver the Base Building "substantially complete," then the Lease Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen shall be extended by one (151) days of Landlord's requestday for each day that Tenant is so delayed.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Leased Premises "as is" in its present condition on or before the Commencement Date. Tenant acknowledges that neither Date in their presently existing condition, broom clean, unless Landlord nor its agents shall have agreed, as a condition to Tenant's obligation to accept possession of the Leased Premises pursuant to a written Addenda attached to and made a part of this Lease, to modify existing interior improvements or employees have made any representations to make, construct and/or install additional specified improvements within the Leased Premises or warranties as to the suitability or fitness Outside Areas, in which case Landlord shall deliver to Tenant possession of the Leased Premises for on or before the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except Intended Commencement Date as expressly provided in this Lease and the Workletterso modified and/or improved. If for any reason Landlord cannot is unable to so deliver possession of the Leased premises to Tenant in the agreed condition on or before the Intended Commencement Date, for whatever reason, Landlord shall not be in default under this Lease, nor shall this Lease be void, voidable or cancelable by Tenant until the lapse of one hundred twenty days after the Intended Commencement date (the "delivery grace period"); however, the Lease Commencement Date shall not be deemed to have occurred until such date as Landlord notifies Tenant that the Leased Premises are in the agreed condition and are Ready for Occupancy. Additionally, the delivery grace period above set forth shall be extended for such number of days as Landlord may be delayed in making the agreed improvements and/or delivering possession of the Leased Premises to Tenant on by reason of Force Majeure or the Commencement Dateactions of Tenant. If Landlord is unable to deliver possession of the Leased Premises in the agreed condition to Tenant within the described delivery grace period (including any extensions thereof by reason of Force Majeure or the actions of Tenant), then Tenant's sole remedy shall be to cancel and terminate this Lease will not be void or voidableLease, and in no event shall Landlord will not be liable in damages to Tenant for any resulting loss or damage and the Term of such delay. Tenant may not cancel this Lease shall not be extended by a delayed delivery of possessionat any time after the date Landlord notifies Tenant that the Leased Premises have been put into the agreed condition and are Ready for Occupancy. The preceding sentence notwithstandingNotwithstanding the foregoing, if Landlord fails is unable to deliver possession enter into a termination agreement or early expiration agreement acceptable to Landlord with Jetstream Communications, Inc. on or before March 15, 2000 pursuant to which Jetstream's lease shall terminate or expire on or before July 1, 2000, and Jetstream agrees to vacate their premises by such date, either Landlord or Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to may terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestLease.

Delivery of Possession. (a) Landlord shall be deemed deliver the Leases Premises to have delivered possession Tenant with the Base Building Work constructed pursuant to the Work Letter attached hereto as Exhibit B and hereby incorporated herein (the “Work Letter”). (b) Landlord represents and warrants to Tenant that upon delivery of the Premises Building 3 to Tenant on the Lease Commencement Date: (i) Building 3 will be in compliance with the building code requirements (including those relating to seismic and structural strength, the Americans With Disabilities Act, and Title 24) applicable thereto as of the date the building permit was issued for the Base Building Work, and (ii) the mechanical, electrical, plumbing, sewer, window, and roofing systems (i.e., structural roof and membrane), and the foundation, structural walls, and windows, installed in Building 3 by Landlord, as well as the Common Areas, to the extent applicable to Building 3 and not the balance of the Property, will be in good operating condition. It is agreed that by accepting possession of the Leased Premises on the Lease Commencement Date, Tenant formally accepts same and acknowledges that the Leased Premises are in the condition called for hereunder, subject only to the foregoing representations and warranties of Landlord. (c) Notwithstanding the foregoing subparagraph (b) but subject to any damage or injury thereto, or any misuse thereof, caused by Tenant or any of the Tenant Parties, Landlord warrants that for the period starting on the Lease Commencement Date and ending twenty- four (24) months following the Lease Commencement Date (the “Warranty Period”), the HVAC system, life safety, mechanical, electrical, elevator, plumbing, and roofing systems (i.e., structural roof and membrane) of the Building (collectively, the “Building Systems”), shall be in good working order and condition (the “Warranted Condition”). If at any time within the Warranty Period, any of such Building Systems within the Leased Premises fails to be in the Warranted Condition and Landlord has actual knowledge (as defined below) thereof or Tenant accurately notifies Landlord of the same promptly after obtaining knowledge thereof, in each case on or prior to the expiration of the Warranty Period, then Landlord shall, following timely written notice from Tenant identifying such failure with reasonable specificity, perform the work as is reasonably necessary to cure such failure of the Warranted Condition at Landlord’s sole cost and expense (and not as a Property Operating Expense). For purposes of this Paragraph 2.4 (b), the term “actual knowledge” means the actual, then current knowledge of ▇▇▇▇▇ ▇▇▇▇, and Landlord’s designated property manager(s) for the Leased Premises (or Landlord’s designated replacements, if applicable, of such individuals so long as such replacements have similar level of knowledge regarding the Property as the named individuals), without imputation or any duty of inquiry or independent investigation. Notwithstanding anything herein to the contrary, it may is the intention of Landlord and Tenant that Landlord’s obligations pursuant to this Paragraph 2.4 be adjusted limited to the repair or replacement of relevant items that are not in the Warranted Condition and in no event shall the terms of this Paragraph 2.4 be deemed to make Landlord, and not Tenant, responsible for the maintenance of such items pursuant to the Workletterterms of Paragraph 5.1(a) of this Lease. If Tenant does not make an accurate written claim against Building 3 Landlord for a breach of such representation and warranty promptly after obtaining knowledge thereof and prior to expiration of the Warranty Period in accordance with the preceding provisions of this Paragraph 2.4(c), then Landlord shall construct have no further obligation or install in the Premises the improvements liability with respect to be constructed or installed such provision, but Landlord and Tenant shall remain bound by Landlord according their respective maintenance and repair obligations pursuant to the Workletter. If no Workletter is attached to terms of Article 5 of this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises ". Except as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided specifically set forth in this Lease and in the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidableWork Letter, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails obligated to deliver possession to Tenant within sixty (60) days after the Commencement Date provide or pay for any reason other than a Delay Caused by Tenant, as defined in improvement work or services related to the Workletter, Tenant, as its sole remedy, shall have improvement of the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestLeased Premises.

Delivery of Possession. Landlord shall be deemed 4.1. Prior to have delivered delivery of possession of the Premises to Tenant on the Commencement DateTenant, as it may be adjusted pursuant to the Workletter. Landlord Landlord, at Landlord's sole cost and expense, shall construct or install perform Landlord's Work in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" a good and workmanlike manner and in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Worklettersubstantial accordance with all applicable Laws. If for any reason Landlord candoes not deliver possession of the Premises to Tenant on the Commencement Date, this Lease will Landlord shall not be void or voidablesubject to any liability for such failure, Landlord will the Expiration Date shall not be liable to Tenant for any resulting loss or damage and change, the Term validity of this Lease shall not be extended by a delayed impaired, this Lease shall be neither void nor voidable, but Rent shall be abated until delivery of possession. The preceding sentence notwithstandingNotwithstanding the foregoing, if Landlord fails to does not deliver possession of the Premises to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Worklettercondition required hereunder by November 1, Tenant2003, as its sole remedy, Tenant shall have the right to terminate this Lease and receive a refund Lease. 4.2. Landlord shall permit Tenant to enter into possession of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Premises before the Commencement Date Certificate attached for the purpose of constructing the Tenant Improvements and installing Tenant's Trade Fixtures and such possession shall be subject to the provisions of this Lease as Exhibit ELease, appropriately completed, within fifteen (15) days except for the payment of Rent. 4.3. If the delay in completion of Landlord's requestWork is the result of any delay caused by Tenant (a "Tenant delay"), the Commencement Date shall not be delayed by the number of days of such Tenant delay and, for purposes of Tenant's obligation to pay Rent, the Commencement Date shall be deemed to have occurred on the date that the Premises would have been ready for occupancy but for the Tenant delay. In the event Tenant requests not to initially improve certain areas of the Premises, the Commencement Date for those areas will be the same as the improved Premises.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Leased Premises "on or before the Intended Commencement Date (as is" set forth in its present Article 1) in their presently existing condition, broom clean, unless Landlord shall have agreed, as it condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness Tenant's obligation to accept possession of the Premises for the conduct Leased Premises, pursuant to an Addenda attached to and made a part of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and to modify existing interior improvements or to make, construct and/or install additional specified improvements within the WorkletterLeased Premises, in which case Landlord shall deliver to Tenant possession of the Leased Premises on or before the Intended Commencement Date as so modified and/or improved. If for any reason Landlord cannot is unable to so deliver possession of the Leased Premises to Tenant on or before the Intended Commencement Date, for whatever reason, Landlord shall not be in default under this Lease, nor shall this Lease will be void, voidable or cancelable by Tenant until the lapse of one hundred twenty days after the Intended Commencement Date (the "delivery grace period"); however, the Lease Commencement Date shall not be void deemed to have occurred until such date as Landlord notifies Tenant that the Leased Premises are Ready for Occupancy. Additionally, the delivery grace period above set forth shall be extended for such number of days as Landlord may be delayed in delivering possession of the Leased Premises to Tenant by reason of Force Majeure or voidablethe actions of Tenant. If Landlord is unable to deliver possession of the Leased Premises to Tenant within the described delivery grace period (including any extensions thereof by reason of Force Majeure or the actions of the Tenant), then Tenant's sole remedy shall be to cancel and terminate this Lease, and in no event shall Landlord will not be liable to Tenant for any resulting loss or damage and the Term of such delay. Tenant may not cancel this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days at any time after the Commencement Date Landlord notifies Tenant the Leased Premises are Ready for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestOccupancy.

Delivery of Possession. Except as hereinafter provided, Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant with Tenant Improvement Work substantially completed in accordance with the mutually agreed plans and specifications on or before the Commencement Datedate set forth in Section 1.01(J). The Premises shall be deemed as ready for Tenant's possession when Landlord shall have substantially completed construction of the Premises in accordance with Landlord's obligations set forth in Exhibit "C"/"D". Landlord shall, this Lease will not be void or voidablefrom time to time during the course of construction, Landlord will not be liable provide information to Tenant for any resulting loss or damage concerning the progress of construction of said Premises, and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession will give written notice to Tenant within sixty when said Premises are substantially completed. Within five (605) days after receipt of notice of substantial completion, representatives of Landlord and Tenant shall meet at the Premises to inspect the Premises and prepare a punchlist of items yet to be completed. At that time, Tenant may then take possession and commence installation of Tenant's fixtures and equipment and any other Tenant work subject to Landlord's obligation to complete such identified punchlist items. At the time Landlord substantially completes said punchlist items and obtains a temporary Certificate of Occupancy, Landlord shall deliver notice to Tenant and Delivery of Possession shall occur as of said date, and the Rental Commencement Date shall occur as of the date which is two (2) months after the Delivery of Possession date. Should, notwithstanding Landlord's completion of its construction obligations, the required Certificate of Occupancy be withheld due solely to the failure of Tenant to complete work for any reason other than which Tenant is responsible, then the date Delivery of Possession shall be the date Landlord substantially completes its punchlist items. It is agreed that by occupying the Premises as a Delay Caused tenant, Tenant formally accepts the same and acknowledges that the Premises are in the condition called for hereunder, except for items specifically excepted in writing at date of occupancy as "incomplete", or which could not have reasonably been discovered during the inspection (punchlist) referred to above and of which are brought to the attention of Landlord by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives 's written notice of termination to Landlord within three ninety (390) days after that date. Tenant will execute subsequent to Tenant's occupying the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestPremises.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Leased Premises "upon Substantial Completion of the Improvements as is" that term is defined in its present condition on the Commencement Date. Tenant acknowledges Work Letter (defined in Section 2.5) attached hereto as Exhibit B. The date that neither Landlord nor its agents or employees have made any representations or warranties as the Leased Premises are so delivered to the suitability or fitness Tenant shall be deemed the “Delivery Date.” The Intended Delivery Date is March 17, 2001, extended for such number of days as Landlord may be delayed in delivering possession of the Leased Premises for to Tenant by reason of the conduct action or inaction of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot is unable to so deliver possession of the Leased Premises to Tenant in the agreed condition on or before the Commencement Intended Delivery Date, this Lease will then Tenant shall be entitled to receive a credit of two (2) days of free rent for each day after the Intended Delivery Date that the Leased Premises are not be void or voidableso delivered to Tenant, Landlord will not be liable which free rent shall apply to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possessionfirst months in which Base Monthly Rent is due. The preceding sentence notwithstandingIn addition, if Landlord fails is unable to so deliver possession of the Leased Premises to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletteragreed condition on or before May 1, 2001 (extended for such number of days as Landlord may be delayed in delivering possession of the Leased Premises to Tenant by reason of the action or inaction of Tenant), as its sole remedy, Tenant shall have the right to terminate this Lease and Lease. If Tenant terminates the Lease, Landlord shall not be liable in damages to Tenant for any delay. If Tenant elects to receive a refund of all prepaid Rent and Security Deposits provided the credit rather than electing to terminate this lease, Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to may not thereafter terminate this Lease based upon this paragraph. 2. In Exhibit B to the Original Lease (the Work Letter), Section 1 is hereby amended to read in full as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's request.follows:

Delivery of Possession. Notwithstanding the fact that the Commencement Date of this Lease is April 1, 2014, commencing upon the full execution and delivery of this Lease by Landlord and Tenant and Tenant’s delivery to Landlord of the cash security deposit or letter of credit required under Paragraphs 2.d. and 6, as well as any other deposits required to be made by Tenant to Landlord concurrently with Tenant’s execution of this Lease, Tenant shall have access to the Premises for the purpose of constructing the Initial Alterations (as defined in Paragraph 4.a. below) and installing telephones, electronic communication or related equipment, fixtures, furniture and equipment in the Premises. Notwithstanding the foregoing, such early access to the Premises and such installation shall be deemed permitted only to the extent that Landlord determines that such early access and installation activities will not delay Landlord’s completion of Landlord’s Work. Notwithstanding the foregoing, in no event shall Tenant or Tenant’s Contractor (as defined below) be given access to the Premises for purposes of constructing the Initial Alterations until the plans therefor have been reasonably approved by Landlord and Tenant (in accordance with Paragraph 9 below) and Tenant has delivered possession to Landlord the insurance certificates required by Landlord in connection with the work and required under Paragraph 15 below. During Tenant’s access to, construction in, and occupancy of, the Premises prior to the Commencement Date, all of the provisions of the Lease shall apply to the activities of Tenant and its contractors, employees and agents in the Premises and the Building, except that no rent shall accrue or be due for such period prior to the Commencement Date. lf, due to circumstances beyond Landlord’s reasonable control, there is a delay in the delivery of the Premises to Tenant on the Commencement Datefor purposes of commencing construction, as it may this Lease shall not be adjusted pursuant void or voidable, nor shall Landlord be liable to the Workletter. Tenant for any loss or damage resulting therefrom, but Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days as soon as reasonably possible after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestdate hereof.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant upon substantial completion of that work described in Exhibit B attached to and by reference made a part of this Lease. Tenant’s taking possession of the Premises shall be conclusive evidence as against Tenant that the Premises were in good order and satisfactory condition when Tenant took possession except for a list of items agreed to (such agreement not to be unreasonably withheld) and signed by Landlord and Tenant. No promise of Landlord to alter, remodel, decorate, clean or improve the Premises, the Building or the land upon which the Building, parking lot and other common areas are located (the “Land”) and no representation respecting the condition of the Premises, the Building or the Land have been made by Landlord to Tenant, unless the same is contained herein, or made a part hereto, or in a written document signed by Landlord. If Landlord shall be unable to give possession of the Premises on the Commencement Date by reason of any of the following: (i) labor disputes and/or material shortages (ii) Force Majeure or Acts of God (iii) the hold over or retention of possession of any tenant, tenants, or occupants; (iv) the acts or omissions of Tenant, whether or not negligent or intentional; or (v) for any other reason, beyond Landlord’s reasonable control, Landlord shall not be subject to any liability for the failure to give possession on said date. Under such circumstances the Commencement Date, the expiration date of the Term, and all other dates that may be affected by their change, shall be revised to conform to Landlord’s delivery of possession of the Premises to Tenant. No such failure to give possession on the date of commencement of the term hereof shall affect the validity of this Lease will not be void or voidablethe obligation of Tenant hereunder, and neither Landlord will not nor Landlord’s agents shall be liable to Tenant for any resulting loss or damage and resulting from the Term of this Lease shall not be extended by a delayed delay in delivery of possession. The preceding sentence notwithstanding, if Landlord fails If the Premises are ready for occupancy prior to deliver possession to Tenant within sixty (60) days after the Commencement Date for and Tenant occupies the Premises prior to said date, or if Tenant occupies all or any reason other than a Delay Caused by Tenant, as defined in part of the Workletter, Tenant, as its sole remedy, shall have the right Premises prior to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached set out in Section 5 above, then the Commencement Date shall be the date of Tenant’s early occupancy. Tenant shall be granted early access free of charge solely to this Lease install all data/communication wiring, furniture, and to assemble and test equipment used for necessary business operation, if said access does not interfere with Landlord’s upfit of the Premises. This early entry does not entitle Tenant to commence the operation of its business from the Premises until the Commencement Date. The Premises shall not be deemed to be unready for Tenant’s occupancy or incomplete if only minor or insubstantial details of construction, decoration or mechanical adjustment remain to be done in the Premises or any part thereof, or if the delay in the availability of the Premises for occupancy shall be due to special work, changes, alterations or additions required or made by Tenant in the layout or finish of the Premises or any part thereof or shall be caused in whole or in part by Tenant through the delay of Tenant in submitting plans, supplying information, approving plans, specifications or estimates, giving authorizations or otherwise or shall be caused in whole or in part by delay and/or default on the part of Tenant. In the event of any dispute as Exhibit Eto whether the Premises are ready for Tenant’s occupancy, appropriately completed, within fifteen (15) days the decision of Landlord's request’s architect shall be final and binding on the parties.

Delivery of Possession. Landlord shall be deemed (1) If Sublessee is to seek to have delivered possession of any improvements performed in either the Premises Ground Floor Leased Area or the Second Floor Leased Areas (Sublessee shall have no right to Tenant on modify or otherwise alter the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇/▇▇ ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇) and if Sublessee shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails fail to deliver possession to Tenant within Sublessor a schedule of improvements, along with plans and specifications thereto (including projected costs) reasonably acceptable to Sublessor on or before sixty (60) days after following the execution of this Sublease, Sublessor, in its discretion, may terminate its obligations under this Sublease at any time. (2) Sublessor will deliver the Sublease Premises subject to all- applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Sublease Premises, and Sublessee accepts the Sublease Premises subject thereto. Sublessee shall accept the Sublease Premises in broom clean condition and otherwise "as is". Notwithstanding the foregoing, Sublessor represents and warrants to Tenant that, as of the Commencement Date for Date, the Sublease Premises, including any reason other than a Delay Caused improvements made by TenantMaster Lessor shall be operational as designed and Building services serving the Sublease Premises shall be operational as designed. If, as defined during the first sixty (60) days of the Term hereof, Sublessee notifies Sublessor of any defects in the Worklettercondition of the Sublease Premises, TenantSublessee shall have no obligation to repair such defects upon the expiration or earlier termination of this Sublease and Sublessor shall promptly notify Master Lessor, as its sole remedyif it is the responsibility of Master Lessor, or if the responsibility of Sublessor, shall have promptly commence the right repair of any such defect. Sublessor shall assign its rights or, alternatively, shall itself enforce such rights pursuant to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three any manufacturer or other warranty covering the Sublease Premises. (3) days after that date. Tenant will execute Sublessor and Sublessee shall conduct a walk-through inspection of the Sublease Premises prior to the Commencement Date Certificate attached Date, and if the building systems in the Sublease Premises are found not to this Lease as Exhibit Ebe in good and working condition, appropriately completeda "punchlist" shall be developed identifying those areas of repairs which are necessary to bring such building systems into good and working condition and Sublessor shall immediately notify Master Lessor of the need of such repairs, within fifteen unless the repairs are the responsibility of Sublessor, in which case Sublessor shall promptly commence such repair. Sublessor shall use its reasonable efforts if necessary to compel Master Lessor to make such repairs (15) days if such repairs are the obligation of Landlord's request.Master Lessor)

Delivery of Possession. Landlord The Premises shall be deemed to be suitable for possession and delivery to Tenant on the date Landlord completes Landlord's portion of any improvements to the Premises. If, through no fault of Tenant, Landlord shall not have delivered completed its portion of such improvements as of the Commencement Date set forth in Article 2(d), the validity of this Lease shall not be impaired, but the Commencement Date of the Lease and Tenant's obligation to pay rent or other sums thereunder shall be delayed until possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession and Tenant shall receive an additional rental credit equal to one day of rent for each day that the date the Premises "as is" in its present condition on have been completed by Landlord is more than 15 days subsequent to the stated Commencement Date. Tenant acknowledges that neither However, if Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord candoes not deliver possession of the Premises to Tenant on within 30 Days after the stated Commencement Date, Tenant may elect to cancel this Lease will by giving written notice to Landlord at any time thereafter. If Tenant gives such notice to Landlord, this Lease shall be terminated and any refundable deposit shall be returned to Tenant. If Tenant does not be void or voidablegive such notice to Landlord, Landlord will not be liable then the Lease Term shall commence on the date that the Premises have been completed by Landlord. If delivery of possession of the Premises to Tenant for any resulting loss or damage and shall occur other than upon the Term stated Commencement Date, then the date the Premises are completed by the Landlord shall become the Commencement Date of this Lease and Landlord and Tenant shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty ten (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (1510) days of Landlord's request.such date execute a Lease amendment to amend said Article 2

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Leased Premises at such time as the Improvement Work (as defined in Paragraph 2.5 below) is deemed "Substantially Complete" as is" defined in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the WorkletterWork Letter. If for any reason Landlord cannot is unable to so deliver possession of the Leased Premises to Tenant in the agreed condition on or before the Intended Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended in default under this Lease, nor shall this Lease be void, voidable or cancelable by a delayed delivery Tenant until the lapse of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty ninety (6090) days after the Intended Commencement Date (the "delivery grace period"). Additionally, the delivery grace period above set forth shall be extended for any such number of days as Landlord may be delayed in delivering possession of the Leased Premises to Tenant by reason other than a Delay Caused by of Force Majeure or the action or inaction of Tenant, as defined . If Landlord is unable to deliver possession of the Leased Premises in the Workletteragreed condition to Tenant within the described delivery grace period (including any extension thereof by reason of Force Majeure or the actions or inactions of Tenant), then Tenant, as its 's sole remedy, remedy shall have the right be to terminate this Lease Lease, and receive a refund of all prepaid Rent and Security Deposits provided in no event shall Landlord be liable in damages to Tenant gives written notice of termination to Landlord within three (3) days after that datefor such delay. Tenant will execute the Commencement Date Certificate attached to may not terminate this Lease as Exhibit Eat any time after the date Landlord notifies Tenant that the Leased Premises have been put into the agreed condition and are available for delivery to Tenant, appropriately completed, within fifteen (15) days of unless Landlord's requestnotice is not given in good faith.

Delivery of Possession. Landlord shall be deemed to have delivered 12.1 The Vendor must deliver vacant possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant Unit to the Workletter. Landlord shall construct or install in Purchaser no later than (the Premises Transfer Date). 12.2 Before delivering vacant possession of the improvements Unit to the Purchaser, the Vendor must ensure that the Unit has been completed so as to be fit for occupation and must remove all surplus material and rubbish from the Unit, the Building and the Housing Project. 12.3 The Vendor shall deliver vacant possession of the Unit to the Purchaser by delivering a Notice of Vacant Possession in respect of the Unit. On delivery of vacant possession of the Unit to the Purchaser, the Vendor must deliver to the Purchaser a copy of - (a) the Temporary Occupation Permit or the Certificate of Statutory Completion for the Unit; and (b) a certificate by the qualified person engaged by the Vendor that the Unit and the Housing Project (and all the roads, drainage and sewerage works for the Housing Project) have been constructed or installed by Landlord according to the Workletter. plans and specifications approved by the Commissioner of Building Control, and that all water and electricity supplies, and all gas supplies (if any), have been properly connected to the Unit. 12.4 If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant the Vendor for any reason does not deliver vacant possession of the Premises "as is" in its present condition Unit to the Purchaser by the Transfer Date, the Vendor must pay to the Purchaser liquidated damages. 12.5 Liquidated damages under clause 12.4 are to be calculated on a daily basis at the rate of 10% per annum on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as total sum of all the instalments paid by the Purchaser towards the Purchase Price, and shall run from the day immediately after the Transfer Date until the Purchaser receives a Notice of Vacant Possession from the Vendor in respect of the Unit. 12.6 Any liquidated damages payable to the suitability or fitness Purchaser under clause 12.4 may be deducted from any instalment of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements Purchase Price due to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestVendor.

Delivery of Possession. Punch List, and Acceptance Agreement: As soon as the Interior Improvements are Substantially Completed, Landlord and Tenant shall together walk through the Premises and inspect all Interior Improvements so completed, using reasonable efforts to discover all uncompleted or defective construction in the Interior Improvements. After such inspection has been completed, each party shall sign an acceptance agreement in the form attached to the Lease as Exhibit "D", which shall (i) include a list of all "punch list" items which the parties agree are to be corrected by Landlord and (ii) shall state the Commencement Date and the initial Ban Monthly Rent. As soon as such inspection has been completed and such acceptance agreement executed, Landlord shall be deemed to have delivered deliver possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the WorkletterTenant. Landlord shall construct or install in use reasonable efforts to complete and/or repair such "punch list" items within thirty (30) days after executing the Premises the improvements acceptance agreement. Landlord shall have no obligation to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on until such procedures regarding the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage preparation of a punch fist and the Term execution of this Lease the acceptance agreement have been completed. Tenant's taking possession of any part of the Premises shall not be extended deemed to be an acceptance by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestwork of improvement in such part as complete and in accordance with the tam of the Lease except for the punch fist item noted and latent defects that could not reasonable have been discovered by Tenant during its inspection of the Interior Improvements prior to completion of the acceptance agreement. Notwithstanding anything contained herein, Tenants obligation to pay the Base Monthly Rent and Additional Rent shall commence as provided in the Lease, regardless of whether Tenant completes such inspection or executes such acceptance agreement.

Delivery of Possession. If Landlord shall be deemed to have delivered does not deliver possession ("Deliver Possession") of the Premises A or Premises B to Tenant on the applicable Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage such failure, the Expiration Date shall not change and the Term validity of this Lease shall not be extended by a delayed impaired, but Rent with respect to Premises A or Premises B, as the case may be, shall be abated until delivery of possession. The preceding sentence notwithstanding"Delivery of possession" shall be deemed to occur on the date Landlord notifies Tenant that Premises A or Premises B, as the case may be, are ready for occupancy. If Landlord permits Tenant to enter into possession of either Premises A or Premises B before the applicable Commencement Date, such possession shall be subject to the provisions of this Lease, including, without limitation, the payment of Rent. Notwithstanding the foregoing, if for any reason Landlord fails is unable to deliver possession Deliver Possession of Premises A or Premises B to Tenant within on or prior to the date falling sixty (60) days after following the applicable Commencement Date for any reason other than a Delay Caused by Tenant, and such failure does not result either from Force Majeure Events (as defined in Section 9.05 below) or Tenant caused delays, then (a) Landlord shall not be subject to any liability therefor and (b) such delay and Landlord's ability to Deliver Possession shall not effect either the Worklettervalidity of this Lease or the obligations of either Landlord or Tenant hereunder or be deemed to extend the Expiration Date; provided, Tenanthowever, as its sole remedy, that under such circumstances Tenant shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives Lease, by giving written notice of termination the same to Landlord within three at any time following the end of such 60- day period and prior to the first to occur of (3a) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen thirtieth (1530th) days day following the end of Landlord's requestsuch 60-day period and (b) the date Landlord does Deliver Possession which termination shall be effective upon receipt of such notice.

Delivery of Possession. Landlord shall will be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall will construct or install in the Premises the improvements as defined in the Workletter to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this LeaseExcept as expressly set forth in the Workletter, it Landlord shall be deemed that Landlord delivered deliver to Tenant possession of the Premises "as is" AS IS in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, and Landlord will not be liable to Tenant for any resulting resultant loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that datedamage. Tenant will execute and deliver to Landlord the Commencement Date and Estoppel Certificate attached to this Lease as Exhibit E, appropriately completed, E within fifteen (15) 3 days of Landlord's request.

Delivery of Possession. Subject to Tenant's delivery of the items specified in the first sentence of Section 1.6 of the Lease, Landlord shall be deemed agrees to have delivered use its commercially reasonable efforts to deliver possession of the Premises to Tenant on substantially concurrently with the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession mutual execution and delivery of the Premises Lease (the "as is" in its present condition on the Commencement Scheduled Turnover Date"). Tenant acknowledges agrees that neither if Landlord nor its agents or employees have made any representations or warranties as is unable to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on or prior to the Commencement DateScheduled Turnover Date specified in the Basic Lease Information section of the Lease, this the Lease will not be void or voidable, nor will Landlord will not be liable to Tenant for any resulting loss or damage resulting therefrom. The actual date upon which Landlord turns over possession of the Premises to Tenant is the "Turnover Date." Landlord, at its sole cost and expense, shall warrant that the Building, Premises and the Term of this Lease shall not Building Systems, including, without limitation, HVAC, mechanical, electrical, plumbing, elevators, structural components, windows and doors, exterior façade, outdoor exterior patio and Building's parking structure will be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession delivered to Tenant in good working order and condition and in compliance with all codes and regulations in effect as of the Delivery Date; provided, however, Landlord shall have no liability hereunder for (aa) any breach of the above warranty unless Tenant notifies Landlord in writing of such breach within sixty forty-five (6045) days after following the Commencement Date Delivery Date, and/or (bb) repairs or replacements necessitated by the acts or omissions of Tenant and/or of Tenant's representatives, agents, contractors and/or employees; and provided further that as Tenant's sole remedy for any reason other than a Delay Caused by TenantLandlord's breach of the above warranty, as defined in the Workletter, Tenant, as its sole remedy, Tenant shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination cause Landlord to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestcure such breach.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Premises "at such time as is" the Tenant Improvements are Substantially Completed (as defined in its present condition Section 7 of the Work Letter) on or before the Commencement Anticipated Delivery Date. Tenant acknowledges that neither If Landlord nor its agents or employees have made any representations or warranties as is unable to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot so deliver possession of the Premises to Tenant in the agreed condition on or before the Commencement Anticipated Delivery Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended in default under this Lease, nor shall this Lease be void, voidable or cancelable by a delayed delivery Tenant until the lapse of possession. The preceding sentence notwithstandingninety (90) days after the Anticipated Delivery Date (the “Delivery Grace Period”); provided, if however, Tenant shall be entitled to one (1) day of abatement of Base Rent for each day Landlord fails to deliver the Premises after the Delivery Grace Period until delivery occurs or the Lease is terminated, as set forth herein. Additionally, the Delivery Grace Period shall be extended for such number of days as Landlord may be delayed in delivering possession of the Premises to Tenant by reason of Force Majeure (as defined below) or Tenant Delay (as defined in the Work Letter). If Landlord is unable to deliver possession of the Premises in the agreed condition to Tenant within the described Delivery Grace Period (as the same may be extended), then Tenant’s sole remedy shall be to terminate this Lease by written notice delivered to Landlord within ten (10) days after the expiration of the Delivery Grace Period (as extended, if applicable), and in no event shall Landlord be liable in damages to Tenant for such delay or failure to deliver the Premises. In the event that Tenant delivers a notice of termination due to the failure to deliver the Premises, then Landlord shall have thirty (30) days to either: (a) Substantially Complete the Tenant Improvements and deliver the Premises to Tenant, in which case the termination notice shall be null and void; or (b) deliver to Tenant a notice of delay and extension of the Delivery Grace Period due to Force Majeure or Tenant Delay as set forth herein, in which case the Delivery Grace Period shall be extended for the period of time set forth in Landlord’s response and this process shall repeat after the expiration thereof. If Tenant does not terminate the Lease as set forth above, then the abatement of Base Rent due to Landlord’s delay in delivery shall be limited to sixty (60) days days. If Landlord fails to respond within such thirty-day period, then the Lease shall be deemed terminated on such thirtieth day after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right ’s notice to terminate. Tenant may not terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided at any time after the date Landlord notifies Tenant gives written that the Tenant Improvements have been Substantially Completed, unless Landlord’s notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestis not given in good faith.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter4.1. If for any reason Landlord candoes not deliver possession of the Premises to Tenant on the Commencement Date, this Lease will Landlord shall not be void or voidablesubject to any liability for such failure, Landlord will the Expiration Date shall not be liable to Tenant for any resulting loss or damage and change, the Term validity of this Lease shall not be extended by a delayed impaired, this Lease shall be neither void nor voidable, but Rent shall be abated until delivery of possession. 4.2. The preceding sentence notwithstandingIf Landlord permits Tenant to enter into possession of the Premises before the Commencement Date, if Landlord fails such possession shall be subject to deliver possession the provisions of this Lease, including, without limitation, the payment of Rent. 4.3. If the delay in delivery of the Premises is the result of Tenant's delay, the Commencement Date shall not be delayed by the number of days of such Tenant delay and, for purposes of Tenant's obligation to pay rent, the Commencement Date shall be deemed to have occurred on the date that the Premises would have been ready for occupancy but for the Tenant within sixty (60) days after delay. In the event Tenant requests not to initially improve certain areas of the Premises, the Commencement Date for any reason other than a Delay Caused by Tenantthose areas will be the same as the improved Premises. 4.4. On the Commencement Date, as defined the roof, plumbing, fire sprinkler system, lighting, heating ventilation and air conditioning systems and electrical systems in the WorkletterPremises will be in good operating condition. Landlord will rectify any non-compliance with such warranty at Landlord's sole expense and not as an Operating Expense. 4.5. This Lease shall not commence until the Tenant Improvements have been substantially completed and an occupancy permit has been issued. 4.6. Except as otherwise set forth in this Lease, Tenant's occupancy of the Premises conclusively establishes that Landlord completed improvements, as its sole remedyif any, shall have the right in a manner satisfactory to terminate Tenant and constitutes Tenant's waiver and release of any and all rights, benefits, claims or warranties available to Tenant under this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit ELease, appropriately completed, within fifteen (15) days of Landlord's requestat law or in equity in connection with such improvements.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord candoes not deliver possession of the Premises to Tenant on the Commencement Date, Landlord shall not be subject to any liability for such failure, the Expiration Date shall not change and the validity of this Lease will shall not be void impaired, but Rent shall be abated until delivery of possession. "Delivery of possession" shall be deemed to occur on the date Landlord substantially completes Landlord's Work as defined in Exhibit "D" of such date as such Landlord's Work would have been substantially completed had Tenant or voidableits agents, employees, contractors or authorized representatives not caused any delay in the substantial completion of such Work. It is the intent of the parties that subject to any delays attributed to the Tenant and/or respective applicable governmental entities, the Landlord's Tenant improvement work will be substantially completed (the "Estimated Substantial Completion Date") as defined in Exhibit "D". If Landlord will shall be delayed at any time in the progress of the construction of the Tenant Improvements by extra work, changes in construction ordered by Tenant, or by strikes, lockouts, fire, delay in transportation, unavoidable casualties, rain or weather conditions, or by any other cause beyond Landlord's reasonable control, then the Estimated Substantial Completion Date shall be extended by the period of such delay. Notwithstanding the above, and subject to any qualifying provisions in the Lease, and or delays caused by either the Tenant and/or governing regulatory agencies, in the event Landlord's portion of the Tenant Improvements are not substantially completed by the Estimated Substantial Completion Date as the same may be adjusted pursuant to the terms hereof, the Lease shall not be invalid, but rather Landlord shall substantially complete the Tenant Improvements as soon thereafter as is possible and Landlord shall not be liable to Tenant for damages in any resulting loss or damage and respect whatsoever except as may be provided herein. The existence of "punch list items" shall not delay substantial completion of the Term Tenant Improvements for the purposes of Article 4 of this Lease. Additionally, and through no fault of the parties, should the respective applicable governmental entities cause any delays for any reason that in any way affect the ability of either party and their respective consultants to perform in accordance with the provisions stipulated herein, then the delivery provisions as stated in the Lease shall not be extended adjusted forward for each day the agency(s) may cause a delay. There shall be no abatement of rent due to delays caused by a delayed delivery of possession. The preceding sentence notwithstandingthe Tenant, if Landlord fails permits Tenant to deliver enter into possession to Tenant within sixty (60) days after of the Premises before the Commencement Date for any reason other than a Delay Caused by TenantDate, as defined in such possession shall be subject to the Workletterprovisions of this Lease, Tenantincluding, as its sole remedywithout limitation, shall have the right to terminate this Lease and receive a refund payment of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestRent.

Delivery of Possession. If Landlord shall be deemed shall, for any reason (including, without limitation, failure to have delivered possession of complete the Premises to Tenant on the Commencement Datework, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements if any, required to be constructed or installed done by Landlord according to the Workletter. If no Workletter is attached to under this Lease), it shall be deemed that Landlord delivered fail to make available to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. or before January 1, 2000, Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this the Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within upon three (3) days prior written notice. However, there shall be no termination right (and the only remedy available to Tenant shall be a deferral of Tenant's obligation to pay Base Rent and Additional Rent until Tenant is provided occupancy of the Premises), if any such failure is caused in whole or part by any act or omission of Tenant, its agents, servants, employees or contractors, which has the effect of hindering or delaying Landlord's delivery of possession or the timely completion of any work to be done by Landlord (hereinafter a "Tenant Delay") including, without limitation, (i) any delay in delivery of the Tenant Layout Plans, (ii) any delay which is caused by changes in the work to be performed by Landlord in readying the Premises for Tenant's occupancy, which changes are requested by Tenant after that dateTenant's submission of the Tenant Layout Plans as required by Landlord for approval thereof, (iii) any delay, not caused by Landlord, in furnishing materials or procuring labor required to be furnished or procured for the Tenant Work on account of installations or work required by Tenant and not encompassed within Standard Tenant Work, (iv) any delay which is caused by any failure by Tenant, without regard to any grace period applicable thereto, to furnish to Landlord any required plan, information, approval or consent within the period of time required therefor by the terms of this Lease or caused by any good faith reluctance on the part of Landlord to approve any plan or other information required to be submitted by Tenant and approved by Landlord, (v) any delay which is caused by the performance of any work or activity in the Premises by Tenant or any of its employees, agents or contractors, or (vi) any delay or failure to pay the Tenant Improvement Costs or the Special Tenant Costs. Tenant will execute the Commencement Date Certificate attached also shall pay to this Lease as Exhibit E, appropriately completedLandlord, within fifteen (15) ten days after receipt of Landlord's requestdemand made from time to time, a sum equal to any additional cost to Landlord in completing the Tenant Work resulting from any Tenant Delay.

Delivery of Possession. Landlord The "Delivery Date" shall be deemed to have delivered the date on which Landlord delivers possession of the Expansion Premises to Tenant on with the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Landlord's Expansion Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord Work Substantially Completed and has delivered to Tenant possession a Certificate of the Premises "Completion (as is" defined in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the WorkletterSection 10.3 below). If for any reason Landlord cannot is unable to deliver possession of the Expansion Premises to Tenant on with the Commencement Landlord's Expansion Premises Work Substantially Completed by the Target Delivery Date, this Lease will not be void or voidablethen, except as provided below, Landlord will not be in default or liable in damages to Tenant, nor will the obligations of Tenant be affected, provided however, that the Delivery Date will be extended automatically by one day for each day of the period after the Target Delivery Date to the day on which Landlord tenders possession of the Expansion Premises to Tenant for any resulting loss or damage and with Landlord's Expansion Premises Work Substantially Completed as evidenced by the Term of this Lease shall not be extended by a delayed delivery of possessionthe Certificate of Completion, less any portion of that period attributable to Tenant's Delays as more particularly described in Section 10.11 below. The preceding sentence notwithstandingSuch postponement of the Delivery Date will be in full settlement of all claims that Tenant might otherwise have against Landlord by reason of Landlord's failure to have Substantially Completed its obligations by the Target Delivery Date. Notwithstanding the foregoing, if Landlord fails to the extent that Landlord, by reason of its own negligence or willful misconduct, is not able to deliver possession of the Expansion Premises with the Landlord's Expansion Premises Work Substantially Completed by the Target Delivery Date, then in addition to automatically extending the Delivery Date as set forth above, Landlord shall also a▇▇▇▇ Base Rent beginning on the Expansion Commencement Date for a number of days that is equivalent to the number of days that delivery of the Expansion Premises was delayed as a result of Landlord's negligence or willful misconduct. If Landlord delivers possession of the Premises with the Landlord's Expansion Premises Work Substantially Completed prior to the Target Delivery Date, then Tenant within may either accept such delivery (in which case such date will be the Delivery Date hereunder) or may refuse to accept delivery until any date selected by Tenant that is not later than the Target Delivery Date. As used herein, the terms "Substantially Completed" and "Substantially Completes" and "Substantial Completion" (or words of similar import) means that the Expansion Premises are broom clean, free of construction tools and materials, and Landlord's Expansion Premises Work has been completed in substantial accordance with the Final Plans with only minor Punch List Items remaining to be completed or corrected pursuant to Section 10.3 below. Within sixty (60) days after the Commencement Date for any reason other than Date, Landlord will provide to Tenant a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund complete set of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days as-built drawings of Landlord's requestExpansion Premises Work and manuals for any equipment incorporated into the Expansion Premises as a part of Landlord's Expansion Premises Work.

Delivery of Possession. Landlord shall be deemed endeavor to have delivered cause possession of the Expansion Premises to be delivered to Tenant on the Commencement Dateor before March 1, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter1997. If no Workletter there is attached to this Lease, it shall be deemed that Landlord delivered to Tenant a holding over or retention of possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Expansion Premises, or any portion thereof, by any prior tenant or occupant, or if Landlord nor its agents or employees have made any representations or warranties as shall otherwise be unable to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Expansion Premises on March 1, 1997 due to Tenant on causes beyond its reasonable control, then Landlord shall not be subject to any liability for the Commencement Date, failure or delay in giving possession and such failure to give possession shall in any other respect affect the validity of this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and (including the date on which the Term ends) or any other of the obligations of Tenant, except that the term of this Lease shall not commence until Landlord has delivered the Expansion Premises to Tenant vacant and broom-clean and given Tenant 14 days' prior written notice of the date on which possession of the Expansion Premises will be extended by a delayed delivered. If the delivery of possessionthe Expansion Premises is delayed beyond July 1, 1997 for causes not attributable in whole or in part to the action or inaction of Tenant, Tenant may give a 14-day termination notice to Landlord. The preceding sentence notwithstandingThis Lease shall terminate 14 days after the giving of such notice if the Expansion Premises are not delivered to Tenant before such time. Landlord shall endeavor to deliver the Second Expansion Premises to Tenant on September 1, 1997. If there is a holding over or retention of possession of the Second Expansion Premises, or any portion thereof, by any prior tenant or occupant, or if Landlord fails shall otherwise be unable to deliver possession of the Second Expansion Premises on September 1, 1997 due to causes beyond its reasonable control, then Landlord shall not be subject to any liability for the failure or delay in giving possession, except that the Second Expansion Premises shall not be added to the Premises until the Second Expansion Premises are delivered to Tenant vacant and in broom-clean condition but no earlier than September 1, 1997. No such failure to give possession shall in any other respect affect the validity of this Lease (including the date on which the Term ends) or any other of the obligations of Tenant. Landlord hereby consents to a sublease by Tenant of the Second Expansion Premises to ▇. ▇▇▇▇▇▇, Inc., provided Tenant furnishes notice and a copy of such sublease within sixty (60) 30 days after execution thereof. If Tenant executes such a sublease, the Commencement Date for any reason other than a Delay Caused by TenantSecond Expansion Premises shall be deemed delivered upon expiration of the ▇. ▇▇▇▇▇▇, as defined Inc. lease and Landlord shall be excused from the obligation to deliver the Second Expansion Premises vacant and in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestbroom-clean condition.

Delivery of Possession. Subject to the Landlord’s Work, Landlord Turnover Obligations and Final Space Plan Addendum, Landlord shall be deemed to have delivered tender possession of the Premises to Tenant on the Commencement date of mutual execution and delivery of this Lease by Landlord and ▇▇▇▇▇▇ (“Possession Date”). Notwithstanding the above, as it may Landlord shall not be adjusted required to deliver possession hereunder until ▇▇▇▇▇▇ has delivered the Security Deposit to Landlord pursuant to Sections 1(l) and 29, together with the Workletterproof of insurance required under Section 22. If, however, Landlord shall construct or install in the Premises the improvements be unable to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver tender possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidablePossession Date for any reason, Landlord will shall not be liable to Tenant or responsible for any resulting loss claims, damages, or damage liabilities in connection therewith or by reason thereof, and such failure shall not affect the Term validity of this Lease or otherwise affect the obligations of Tenant hereunder; provided, however, in such event, Landlord shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails continue to use commercially reasonable efforts to deliver possession of the Premises as soon thereafter as reasonably practicable, subject to the Landlord’s Work, Landlord Turnover Obligations and the Final Space Plan Addendum. Tenant and Landlord acknowledge and agree that the Final Floor Plan is still subject to mutual approval, as provided in Section 2, and that Tenant desires access to the anticipated Premises to ready the Premises for occupancy, including the preparation of working drawings for the Tenant’s Work. Subject to the Landlord’s Work, Landlord Turnover Obligations and the Final Space Plan Addendum, in the event Tenant is unable to access those areas on the fourth (4th) floor of the East Wing of the Building and the first (1st) Floor of the East Wing of the Building, which are anticipated to be the Premises within sixty thirty (6030) days after of the Commencement Date Effective Date, Tenant will receive a day-for-day abatement of Rent (to be applied to Tenant’s payments of Rent following expiration of Rent Abatement Period) for each day of delayed access beyond said thirty (30) days. For all purposes of this Lease and subject to the provisions of the Work Letter, ▇▇▇▇▇▇▇▇’s Work, Landlord Turnover Obligations, Tenant shall take possession of and accept the Premises in an “As Is” condition, without any reason other than a Delay Caused warranty as to the condition thereof. No agreement or promise of Landlord, or their respective agents or employees to alter, remodel, decorate, clean, or improve the Premises or Project (or to provide Tenant with any credit or allowance for the same), and no representation regarding the condition of the Premises or Project has been made to or relied upon by Tenant, except as defined expressly set forth in the WorkletterWork Letter and this Lease. Subject to the provisions of the Work Letter, TenantLandlord’s Work, Landlord Turnover Obligations Tenant shall be deemed to have accepted possession of the Premises in its “as its sole remedy, is” condition as of the Possession Date (provided that the foregoing shall have the right to terminate this Lease not limit Landlord’s maintenance and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3repair obligations as described in Section 9(c) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestbelow).

Delivery of Possession. If for any reason Landlord shall be deemed to have delivered does not deliver possession of the Premises to Tenant on by the Lease Commencement DateDate as set forth in Section 1.8 above, as it may be adjusted pursuant Landlord and Tenant agree to execute a written addendum to this Lease within ten (10) days of Delivery of Possession extending the WorkletterExpiration Date for the length of the delay. Landlord shall construct or install not be subject to any liability for such failure to deliver possession and the validity of this Lease shall not be impaired, but Base Rent shall be abated until Delivery of Possession; except that if Landlord's failure to so deliver possession on the Lease Commencement Date is attributable to: (i) Tenant's delays in the Premises reasonable approval or preparation of plans and specifications for improvements, (ii) unreasonable delays caused by the improvements Tenant's contractors or agents in performing services for which Tenant is responsible, or (iii) Tenant's negligence or willful misconduct ("Tenant Delays"), then Landlord shall be entitled to be constructed or installed full performance by Landlord according to Tenant (including the Workletterpayment of all forms of rent) from the Lease Commencement Date. If no Workletter is attached to this Lease, it "Delivery of Possession" shall be deemed that to occur on the date Landlord delivered substantially completes Landlord's Work as set forth in Exhibit "D" hereto. If Landlord permits Tenant to Tenant enter into possession of the Premises "as is" in its present condition on before the Lease Commencement Date, such possession shall be subject to the provisions of this Lease. By entry hereunder, Tenant shall be deemed to have accepted the Premises (except for minor items of work and minor adjustments that can be completed after occupancy of the Premises without causing undue interference with Tenant's reasonable use of the Premises [i.e., so called "punchlist" items]) as being in good and sanitary order, condition and repair, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises and any covenants or restrictions of record, and accepts this Lease subject thereto as to all matters disclosed thereby and by any exhibits attached hereto. Landlord shall use its reasonable efforts to complete the punchlist Items as quickly as reasonably possible. Tenant acknowledges that neither Landlord nor its agents or employees have Landlord's agent has made any representations representation or warranties warranty as to the present or future suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any business. Tenant improvements shall have access to the Premises except Building through all public entrances during the Building Hours. After Building Hours Tenant shall be allowed access through those entrances designated by the Landlord as expressly after-hour entrances by means of cards or keys provided in this Lease and the Workletter. If by Landlord for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestsuch purpose.

Delivery of Possession. Landlord (a) Delivery of possession shall be deemed to have delivered occurred when Landlord shall have tendered possession of the Demised Premises to Tenant, (such date referred to as the “Commencement Date”). Landlord and ▇▇▇▇▇▇ acknowledge that their intention is that the Commencement Date will occur on January 15, 2017 (the “Estimated Delivery Date”) and that as of the date hereof, the Demised Premises is occupied by a tenant that has agreed to tender possession of the Demised Premises to Landlord prior to January 15, 2017. (b) Upon request of Landlord, Tenant shall execute a memorandum setting forth the actual Commencement Date, Rent Commencement Date and Expiration Date in the form attached hereto as Exhibit D. If Landlord fails to deliver possession of the Demised Premises to Tenant on the Commencement Estimated Delivery Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to not be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or liable for any other purpose, nor has damage resulting from such failure; except that if Landlord or its agents or employees agreed fails to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Demised Premises on or before February 15, 2017 (“Outside Date”), Tenant, as its sole and exclusive remedy, shall be entitled to liquidated damages in an agreed upon amount equal to one day of Minimum Rent for each day from and after the Outside Date and to and until the date on which Landlord delivers the Demised Premises to Tenant (not to exceed a maximum of 180 days), which liquidated damages shall be applied as a credit against Minimum Rent due and owing under this Lease. If Landlord shall not have delivered the Demised Premises to Tenant on or before August 15, 2017 (the Commencement “Final Date”), Tenant shall have the option to terminate this Lease by way of notice thereof (the “Termination Notice”) given to Landlord during the thirty (30) day period commencing on the Final Date, provided Landlord has not theretofore delivered the Demised Premises to Tenant. In the event that ▇▇▇▇▇▇’s termination option is timely exercised, this Lease will shall terminate on the date the Termination Notice is received by Landlord and thereafter neither party shall have any rights or obligations hereunder, except for those which by their terms are intended to survive the termination of this Lease. Except as provided in this paragraph (i) Landlord shall not be void subject to any liability for failure to give possession on or voidablebefore the Estimated Delivery Date, Landlord will not be liable to Tenant for any resulting loss the Outside Date or damage the Final Date and (ii) the Term validity of this Lease shall not be extended by a delayed delivery of possessionimpaired under such circumstances. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after Outside Date and the Commencement Final Date for any reason other than a Delay Caused shall be tolled by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund number of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestForce Majeure.

Delivery of Possession. Landlord shall be deemed use best efforts to have deliver possession of the Premises to Tenant with Landlord’s Work complete and in turnkey condition such that Tenant is able to obtain permits for Tenant’s Work without further action by Landlord (“Turnkey Condition” as described in Exhibit E”). If despite using reasonable efforts, Landlord is unable to deliver possession of the Premises to Tenant in the Turnkey Condition on or before the Estimated Delivery Date, Landlord may extend the Estimated Delivery Date by up to ninety (90) days upon written notice to Tenant provided such notice is given at least sixty (60) days prior to the Estimated Delivery Date. If possession of the Premises has not been delivered to Tenant in the Turnkey Condition by the Estimated Delivery Date plus any applicable extensions for any reason whatsoever other than a Tenant Delay, then (a) Landlord shall, promptly after demand therefor, reimburse Tenant for its Holdover Costs, and (b) Tenant shall receive one (1) day of free Rent for each day after the Estimated Delivery Date plus any applicable extensions that Landlord has not delivered possession in the Turnkey Condition. Anything in this Lease to the contrary notwithstanding, if Landlord has not delivered possession of the Premises to Tenant in the Turnkey Condition on or before September 1, 2018, then Tenant may terminate this Lease by written notice to Landlord and this Lease shall terminate as of the Commencement date of such notice. As used herein, “Holdover Costs” shall mean those amounts charged to Tenant by its prior landlord for holding over in their then existing leased premises (the “Prior Lease”) in excess of the rent and other charges payable by Tenant under the Prior Lease for the period immediately prior to the Holdover Date, as it may be adjusted pursuant established by documentation reasonably acceptable to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's request.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord candoes not deliver possession of the Premises to Tenant on the Commencement Date, this Lease will and such failure is not caused by an act or omission of Tenant, the Expiration Date shall be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage extended by the number of days the Commencement Date has been delayed and the Term validity of this Lease shall not be extended by a delayed impaired nor shall Landlord be subject to any liability for such failure; but Rent shall be abated until delivery of possession. The preceding sentence notwithstandingProvided, however, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than has been delayed by an act or omission of Tenant then Rent shall not be abated until delivery of possession and the Expiration Date shall not be extended. Delivery of possession shall be deemed to occur on the earlier of the date Landlord receives a Delay Caused Certificate of Occupancy or upon substantial completion of the Premises (as certified by Tenant, as defined in Landlord’s architect). If Landlord permits Tenant to enter into possession of the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute Premises before the Commencement Date Certificate attached Date, such possession shall be subject to the provisions of this Lease as Exhibit ELease, appropriately completedincluding, within fifteen without limitation, the payment of Rent (15unless otherwise agreed in writing). Within ten (10) days of delivery of possession Landlord shall deliver to Tenant and Tenant shall execute an Acceptance of Premises in which Tenant shall certify, among other things, that (a) Landlord has satisfactorily completed Landlord's request’s Work to the Premises pursuant to the Addendum to Lease, unless written exception is set forth thereon, and (b) that Tenant accepts the Premises. Tenant’s failure to execute and deliver the Acceptance of Premises shall be conclusive evidence, as against Tenant, that Landlord has satisfactorily completed Landlord’s Work to the Premises pursuant to Addendum to Lease. In the event Tenant fails to take possession of the Premises following execution of this Lease, Tenant shall reimburse Landlord promptly upon demand for all costs incurred by Landlord in connection with entering into this Lease including, but not limited to, broker fees and commissions, sums paid for the preparation of a floor and/or space plan for the Premises, costs incurred in performing Landlord’s Work pursuant to the Addendum to Lease, loss of rental income, attorneys’ fees and costs, and any other damages for breach of this Lease established by Landlord.

Delivery of Possession. a. Tenant acknowledges that it is currently in possession of and occupies the Regeneron Sublease Premises. Landlord shall deliver to Tenant (i) on the Execution Date, the Regeneron Sublease Premises for construction of the Swap Premises Tenant Improvements (as defined below), and (ii) on the Swap Premises Commencement Date, the remainder of the Swap Premises for possession, occupancy and construction of the Swap Premises Tenant Improvements. As of each such date, Tenant’s possession and occupancy of the applicable portions of the Swap Premises shall be deemed governed by and pursuant to the Amended Lease; provided, however, that Tenant shall have delivered no obligation to pay Swap Premises Basic Annual Rent with respect to its occupancy and possession of the Swap Premises prior to the applicable Swap Premises Rent Commencement Date. Landlord shall permit Tenant, accompanied by an employee of Landlord, to enter the portion of the Swap Premises that is not the Regeneron Sublease Premises at a time mutually acceptable to Landlord and Tenant (but in no event more than three (3) days prior to the Swap Premises Commencement Date) for the purpose of Tenant planning its move into the Swap Premises. b. If Landlord fails to deliver all or a portion of the Swap Premises to Tenant on the Swap Premises Commencement DateDate (such portion, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease“Late Delivery Premises”), it shall be deemed that Landlord delivered to then Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if obligated to pay Base Rent or Operating Expenses with respect to the Late Delivery Premises until Landlord fails delivers the Late Delivery Premises to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's request.

Delivery of Possession. Landlord shall deliver to Tenant possession of the Leased Premises at such time as the improvement Work (as defined in Paragraph 2.5 below) is substantially completed pursuant to the Work Letter, provided that Tenant shall have the right to occupy the office portion only upon completion of those improvements, but Tenant shall not in any way occupy the lab area until its completion. If Landlord is unable to so deliver possession of the Leased Premises to Tenant in the agreed condition on or before the Commencement Date, Landlord shall not be deemed in default under this Lease, nor shall this Lease be void, voidable or cancelable by Tenant until the lapse of one hundred twenty (120) days after the Commencement Date (the "delivery grace period"). The delivery grace period above set forth shall be extended for such number of days as Landlord may be delayed in delivery possession of the Leased Premises to Tenant by reason of FORCE MAJEURE (as defined in Section 13.9 hereof) or the action or inaction of Tenant. If Landlord is unable to deliver possession of the Leased Premises in the agreed condition to Tenant within the described delivery grace period (including any extension thereof by reason of FORCE MAJEURE or the actions or inactions of Tenant), then Tenant's sole remedy shall be to terminate this Lease, and in no event shall Landlord be liable in damages to Tenant for such delay. Tenant may not terminate this Lease at any time after the date Landlord notifies Tenant that the Leased Premises have been put into the agreed condition and re available for delivery to Tenant, unless Landlord's notice is not given in good faith. If Landlord has not substantially completed the Improvement Work and delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant prior to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession expiration of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty ninety (6090) days after from the Commencement Date for (including any extension thereof by reason other than a Delay Caused by of FORCE MAJEURE or the actions or inactions of Tenant), as defined then in the Workletter, addition to Tenant, as its sole remedy, shall have the 's right to terminate this Lease and receive a refund upon expiration of all prepaid the delivery grace period, as set forth hereinabove, Tenant shall be entitled to one free day of Base Rent and Security Deposits provided Tenant gives written notice of termination for each day past such date that the Premises are so delivered to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to Tenant; unless tenant has terminated this Lease as Exhibit E, appropriately completed, within fifteen (15) days upon expiration of Landlord's requestthe delivery grace period.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the (1) Notwithstanding said Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If if for any reason Landlord Sublessor cannot deliver possession of the Premises to Tenant Sublessee on said date, Sublessor shall not be subject to any liability therefore, nor shall such failure affect the validity of this Sublease or the obligations of Sublessee hereunder or extend the term hereof, but in such case Sublessee shall not be obligated to pay rent until possession of the Premises is tendered to Sublessee; provided, however, that if Sublessor shall not have delivered possession of the Premises within ninety (90) days from said Commencement Date, Sublessee may, at Sublessee's option, by notice in writing to Sublessor within ten (10) days thereafter, cancel this Sublease, in which event the parties shall be discharged from all obligations thereunder. (2) The Premises will be delivered by Sublessor subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the sublease Premises, and Sublessee accepts the Premises subject thereto. Except as set forth in the next sentence, Sublessee shall accept the Premises in broom clean condition and otherwise "as is". Landlord will cause the following work to be completed prior to the Commencement Date: paint touched up as needed; carpets cleaned; building systems in working condition. (3) Sublessor and Sublessee shall conduct a walk-through inspection of the Premises prior to the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and if the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined building systems in the WorkletterPremises are found not to be in working condition, Tenanta "punchlist" shall be developed identifying those areas of repairs which are necessary to bring such building systems into working condition. If such repairs are the obligation of Sublessor as tenant under the Master Lease, Sublessor shall cause such repairs to be made. If such repairs are the obligation of the Master Lessor as its sole remedylandlord under the Master Lease, Sublessor shall have the right use reasonable efforts to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits cause Master Lessor to perform such obligations as provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestin paragraph 10 below.

Delivery of Possession. If Landlord shall be deemed is unable to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Datedate set forth in Article 1.3 above, this Lease will shall not be void or voidable, nor shall Landlord will not be liable to Tenant for any resulting loss or damage and resulting therefrom. If such delay in delivery of the Term of this Lease Premises results from a cause other than Tenant Delay (as hereinafter defined), the date set forth in Article 1.3 above shall not be extended by a delayed delivery to the date on which Landlord delivers possession of possessionthe Premises to Tenant. The preceding sentence notwithstanding"Tenant Delay" shall mean any and all delays resulting from (i) Tenant's inability or failure timely to meet its obligations under this Lease, if Landlord fails to deliver possession to including without limitation, all obligations of Tenant within sixty under the terms of Exhibit C attached hereto; (60ii) days after the Commencement Date for any reason other than a Delay Caused delays caused by Tenant, 's contractor or subcontractors; (iii) the inclusion in the improvements requested to be performed in the Premises of any items requiring a long lead time for procurement and/or installation (such items to be identified by Landlord for Tenant prior to their inclusion in the improvements); or (iv) any changes or change orders requested by Tenant subsequent to the completion of Tenant's Plan as defined in Exhibit C. Should Landlord tender possession of the WorkletterPremises to Tenant prior to the date set forth in Article 1.3 above, Tenantand Tenant elects to accept such prior tender, as its sole remedythen the date set forth in Article 1.3 shall be changed to reflect the date of such tender of possession and accordingly, such occupancy shall have be subject to all terms, covenants and conditions of this Lease, including the right to terminate this Lease and receive a refund payment of all prepaid Rent and Security Deposits provided increases in Operating Costs and Property Taxes (as such terms are hereinafter defined). Notwithstanding anything to the contrary contained in this paragraph, Tenant gives written notice of termination shall be granted non-exclusive access to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within Premises fifteen (15) days prior to the Lease Commencement Date for purposes of installing its equipment, furniture, fixtures and all related cabling, and such access shall not be considered a tender of possession. Notwithstanding the provisions of Article 2 herein, and provided that the Lease is signed by Tenant no later than July 26, 1996, if possession of the Premises is not delivered to Tenant by April 1, 1997 and is not caused by Tenant Delay, Tenant may upon ten (10) days written notice, terminate this Lease if possession of the Premises is not delivered to Tenant during such ten (10) day period, subject to force major. If Tenant gives such notice resulting in a termination of the lease, the Lease shall be terminated without further liability to Landlord and Landlord shall return forthwith any sums which Tenant had furnished to Landlord's request, and neither Landlord nor Tenant shall have any further obligations to the other.

Delivery of Possession. Landlord shall be deemed agrees to have delivered deliver possession of the Premises to Tenant on when the Commencement Date, as it may be adjusted pursuant to the WorkletterTenant Improvements have been substantially completed in accordance with Section 5(b) above. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed The parties estimate that Landlord delivered to Tenant will deliver possession of the Premises "as is" to Tenant and the Term of this Lease will commence on or before the Estimated Commencement Date set forth in the Basic Lease Information. Landlord shall use its present condition commercially reasonable efforts to cause the Premises to be substantially completed on or before the Estimated Commencement Date. Tenant acknowledges agrees that neither if Landlord nor its agents or employees have made any representations or warranties as is unable to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on or prior to the Estimated Commencement DateDate specified in the Basic Lease Information, this the Lease will shall not be void or voidable, nor shall Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstandingresulting therefrom; provided, however, if Landlord fails is unable to deliver possession of the Premises to Tenant within sixty (60) days after on or prior to the Estimated Commencement Date for reasons other than as a result of any Delays, then, as Tenant’s sole remedy, the Commencement Date and the expiration date of the Term shall each be extended one (1) day for each day Landlord is delayed in delivering possession of the Premises to Tenant. If for any reason other than a Delay Caused by Tenant, as defined in Tenant takes possession of the WorkletterPremises prior to substantial completion, Tenant, ’s obligation to pay rent shall commence upon the date Tenant takes possession of the Premises and Tenant shall indemnify and hold Landlord harmless from any liability as its sole remedy, shall have a result of Tenant’s early occupancy of the right to terminate this Lease and receive a refund Premises. Landlord’s determination of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate shall be final and binding on all parties for all purposes hereof, including, without limitation, determination of the date of commencement of the Lease Term and of Tenant’s obligation to pay rent hereunder. The Commencement Date shall be confirmed by the Notice of Commencement Date attached to this the Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's request“G”.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Leased Premises "on or before the Intended Commencement Date (as is" set forth in its present Article 1) in their presently existing condition, broom clean, unless Landlord shall have agreed, as a condition on to Tenant's obligation to accept possession of the Commencement Date. Tenant acknowledges that neither Landlord nor its agents Leased Premises pursuant to a written Exhibit or employees have Addenda attached to and made any representations a part of this Lease, to modify existing interior improvements or warranties as to make, construct and/or install additional specified improvements within the Leased Premises or to the suitability or fitness Outside Areas, in which case Landlord shall deliver to Tenant possession of the Leased Premises for on or before the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except Intended Commencement Date as expressly provided in this Lease and the Workletterso modified and/or improved. If for any reason Landlord cannot is unable to so deliver possession of the Leased Premises to Tenant in the agreed condition on or before the Intended Commencement Date, this Lease will not be void or voidablefor whatever reason, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended in default under this Lease, nor shall this Lease be void, voidable or cancellable by a delayed delivery Tenant until the lapse of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Intended Commencement Date for any reason other than a Delay Caused by Tenant(the "delivery grace period"); however, the Lease Commencement Date shall not be deemed to have occurred until such date as defined Landlord notifies Tenant that the Leased Premises are in the Workletteragreed condition and are Ready for Occupancy. Additionally, the delivery grace period above set forth shall be extended for thirty (30) additional days as Landlord may be delayed in making the agreed improvements and/or delivering possession of the Leased Premises to Tenant by reason of Force Majerue or the actions of Tenant. If Landlord is unable to deliver possession of the Leased Premises in the agreed condition to Tenant within the described delivery grace period (including any extensions thereof by reason of Force Majeure or the actions of Tenant), as its then Tenant's sole remedy, remedy shall have the right be to cancel and terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided in no event shall Landlord be liable in damages to Tenant gives written notice of termination to Landlord within three (3) days after that datefor such delay. Tenant will execute the Commencement Date Certificate attached to may not cancel this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestat any time after the date Landlord notifies Tenant that the Leased Premises have been put into the agreed condition and are Ready for Occupancy.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Leased Premises "on or before the Intended Commencement Date (as is" set forth in its present Article 1) in their presently existing condition, broom clean, unless Landlord shall have agreed, as a condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness Tenant's obligation to accept possession of the Premises for the conduct Leased Premises, pursuant to an Exhibit or Addenda attached to and made a part of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and to modify existing interior improvements or to make, construct and/or install additional specified improvements within the WorkletterLeased Premises, in which case Landlord shall deliver to Tenant possession of the Leased Premises on or before the Intended Commencement Date as so modified and/or improved. If for any reason Landlord cannot is unable to so deliver possession of the Leased Premises to Tenant on or before the Intended Commencement Date, for whatever reason, Landlord shall not be in default under this Lease, nor shall this Lease will be void, voidable or cancelable by Tenant until the lapse of thirty (30) days after the intended Commencement Date (the "delivery grace period"; however, the Lease Commencement Date shall not be void deemed to have occurred until such date as Landlord notifies Tenant that the leased Premises are Ready for Occupancy. Additionally, the delivery grace period above set forth shall be extended for such number of days as Landlord may be delayed in delivering possession of the Leased Premises to Tenant by reason for Force Majeure or voidablethe actions of Tenant. If Landlord is unable to deliver possession of the Leased Premises to Tenant within the described delivery grace period (including any extensions thereof by reason of Force Majeure or the actions of Tenant), then Tenant's sole remedy shall be to cancel and terminate this Lease, and in no event shall Landlord will not be liable to Tenant for any resulting loss or damage and the Term of such delay. Tenant may not cancel this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days at any time after the Commencement Date date Landlord notifies Tenant the Leased Premises are Ready for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that dateOccupancy. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestSee attached.

Delivery of Possession. Landlord shall agrees to deliver possession of the Premises to Tenant when the Tenant Improvements have been substantially completed in accordance with Subparagraph (b) above. The parties estimate that Landlord will deliver possession of the Premises to Tenant and the Term of this Lease will commence on or before the estimated commencement date set forth in the Work Schedule delivered to Tenant pursuant to Paragraph 2 above (the "Projected Commencement Date"). Landlord agrees to use its commercially reasonable efforts to cause the Premises to be deemed substantially completed on or before the Projected Commencement Date. Tenant agrees that if Landlord is unable to have deliver possession of the Premises to Tenant on or prior to the Projected Commencement Date, the Lease will not be void or voidable, nor will Landlord be liable to Tenant for any loss or damage resulting therefrom, but if such late delivery is due to Landlord's fault or due to any Force Majeure Delay(s), then, as Tenant's sole remedy, the Commencement Date and the Expiration Date of the Term will be extended one (1) day for each day Landlord is delayed in delivering possession of the Premises to Tenant. In the event that Landlord has not delivered possession of the Premises to Tenant on the Commencement Dateor before December 31, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease2000, it shall be deemed that Landlord delivered to then Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives by delivering written notice of termination within five (5) business days thereafter. If Tenant fails to Landlord within three (3) days after that datetimely deliver the termination notice, then Tenant shall be deemed to have waived its termination right granted herein. The December 31, 2000 date shall be extended one day for each corresponding day of Force Majeure Delay and Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestDelay.

Delivery of Possession. Landlord shall be deemed agrees to have delivered deliver possession of each portion of the Premises to Tenant on when the Commencement Date, as it may be adjusted pursuant to Building Shell and the WorkletterTenant Improvements have been substantially completed in accordance with Subparagraph (b) above. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed The parties estimate that Landlord delivered to Tenant will deliver possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession each portion of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not will commence on or before the estimated commencement date set forth in the Work Schedule delivered to Tenant pursuant to Paragraph 2 above (the "Projected Commencement Date"). Landlord agrees to use its commercially reasonable efforts to cause each portion of the Premises to be extended by a delayed delivery of possessionsubstantially completed on or before the Projected Commencement Date. The preceding sentence notwithstanding, if In the event Landlord fails to deliver possession to substantially complete construction of the Tenant Improvements within sixty any office portion of the Premises within one hundred twenty (60120) days after Tenant's Final Plans for such office portion of the Commencement Date for any reason other than a Delay Caused Premises have been approved by Landlord and Tenant, as defined in and such failure is solely attributable to the Workletterfault of Landlord, Tenant, as its 's sole remedy, remedy shall have be the right to terminate this Lease and receive a refund one (1) day's worth of all prepaid Monthly Base Rent and Security Deposits provided credit applicable to such office portion of the Premises (Tenant gives written notice of termination still being liable for any Monthly Base Rent due to Landlord within three (3) days after that date. Tenant will execute on the Commencement Date Certificate Building Shell in accordance with Exhibit "B" attached to this Lease the Lease) for every day past said one hundred twenty (120) period that Landlord fails to substantially complete the construction of said Tenant Improvements. Said one hundred twenty (120) day period shall be extended day-for-day for each day of Tenant Delays and/or Force Majeure Delays (as Exhibit E, appropriately completed, within fifteen (15such terms are defined in Paragraphs 9 and 10 below) days incurred by Landlord during the construction of Landlord's requestthe Tenant Improvements.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered deliver to Tenant possession of the Leased Premises "at such time as is" the Tenant Improvements (as defined in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as Section 2.5 below) is substantially completed pursuant to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the WorkletterWork Letter. If for any reason Landlord cannot is unable to so deliver possession of the Leased Premises to Tenant in such condition on or before the Intended Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended in default under this Lease, nor shall this Lease be void, voidable or cancelable by a delayed delivery Tenant until the lapse of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty seventy-five (6075) days after the Intended Commencement Date (the "delivery grace period"). The delivery grace period above set forth shall be extended for any such number of days as Landlord may be delayed in delivering possession of the Leased Premises to Tenant by reason other than of Force Majeure or a Tenant Delay Caused by Tenant, (as defined in the WorkletterWork Letter attached to and made a part of this Lease (the "Work Letter")). If Landlord is unable to deliver possession of the Leased Premises in such condition to Tenant within the described delivery grace period (including any extension thereof by reason of Force Majeure or the actions or inactions of Tenant), then Tenant, as its 's sole remedy, remedy shall have the right be to terminate this Lease Lease, and receive a refund of in no event shall Landlord be liable in damages to Tenant for such delay and upon such termination, Landlord shall return all prepaid Rent sums previously paid by Tenant to Landlord, and Security Deposits provided Tenant gives written notice of termination neither party shall have any further liability to Landlord within three (3) days after that datethe other. Tenant will execute the Commencement Date Certificate attached to may not terminate this Lease as Exhibit Eat any time after the date Landlord notifies Tenant that the Leased Premises have been put into such condition and are available for delivery to Tenant, appropriately completed, within fifteen (15) days of unless Landlord's requestnotice is not given in good faith.

Delivery of Possession. Landlord 6.1 The Seller shall be deemed to have delivered deliver legal (constructive) possession of the Premises Property Sold to Tenant the Buyer, where the Property Sold is free and clear, except for encumbrances and/or mortgages and/or pledges that may be registered, if and to the extent that same are registered, over the Land and/or the Property Sold, upon a written request by the Buyer as mentioned in Clause 10 below, and where the Buildings are in a physical condition that conforms with their condition at the time of signing of this Agreement, fair wear and tear resulting from reasonable use excepted, on the Commencement Datedate of substantive completion of the Sale Transaction (“Date of Delivery of Possession”), as it may be adjusted pursuant and the Buyer undertakes to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant accept legal (constructive) possession of the Premises "as is" in its present condition Property Sold, on the Commencement Date. Tenant acknowledges Date of Delivery of Possession, where the Property Sold is free and clear, except for encumbrances and/or mortgages and/or pledges that neither Landlord nor its agents or employees have made any representations or warranties as may be registered, if and to the suitability or fitness extent that same are registered, over the Land and/or the Property Sold, pursuant to a written request by the Buyer as referred to in Clause 10 below) and where the state of the Premises Buildings is as described above. 6.2 For the avoidance of doubt it is clarified that on the Date of Delivery of Possession, the Lease Agreement will come into force, the lease period in which the Seller will hire the Property Sold from the Buyer will commence, and the provisions of the Lease Agreement, will, inter alia, come into force, including the Seller’s obligations to pay the Buyer the rentals for the conduct of Tenant's business or for any other purposeProperty Sold, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to in accordance with the Premises except as expressly provided provisions in this regard in the Lease Agreement. 6.3 It is hereby clarified that by virtue of the fact that on the Date of Delivery of Possession of the Property Sold the Lease Agreement will come into force, all the electricity, water, telephone, communications, gas meters and similar appliances, will continue to be registered in the name of the Seller, and the Workletter. If for any reason Landlord cannot deliver possession Seller will continue to bear all the above mentioned payments, in accordance with all the provisions of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestAgreement.

Delivery of Possession. Landlord shall be deemed agrees to deliver possession of the ---------------------- Premises to Tenant when the Preliminary Tenant Improvements have delivered been substantially completed in accordance with Subparagraph (b) above. The parties estimate that Landlord will deliver possession of the Premises to Tenant and the Term of this Lease will commence on or before the Scheduled Term Commencement Date, as it may be adjusted pursuant to Date set forth in the WorkletterBasic Lease Information section of the Lease. Landlord shall construct or install in agrees to use its commercially reasonable efforts to cause the Premises the improvements to be constructed substantially completed on or installed by Landlord according to before the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Scheduled Term Commencement Date. Tenant acknowledges agrees that neither if Landlord nor its agents or employees have made any representations or warranties as is unable to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on or prior to the Scheduled Term Commencement Date, this the Lease will not be void or voidable, nor will Landlord will not be liable to Tenant for any resulting loss or damage and resulting therefrom, nor will the expiration date of the Term be in any way extended, unless such late delivery is due solely to the gross negligence or willful misconduct of this Lease shall not be extended by a Landlord. If Landlord is delayed delivery in delivering possession of possession. The preceding sentence notwithstandingthe Premises due to Landlord's gross negligence or willful misconduct or due to any Force Majeure Delay(s), if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenantthen, as defined in the Workletter, Tenant, as its 's sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Term Commencement Date Certificate attached will be extended one (1) day for each day Landlord is delayed in delivering possession of the Premises to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestTenant.

Delivery of Possession. Landlord (a) Landlord, or Landlord's supervising architect, shall give Tenant at least thirty (30) days' prior written notice of the date on which Landlord's Work will be substantially completed in accordance with Exhibit C and the Leased Premises will be available for the performance of Tenant's Work (as defined in Section 3.3) to the extent that Tenant shall be deemed able to have delivered perform its work in the Leased Premises without substantial interference resulting from the conduct of Landlord's Work ("Delivery of Possession Date"). Tenant covenants and agrees to take physical possession of the Leased Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord Delivery of Possession Date provided that Landlord's Work is "substantially completed." The term "substantially complete" shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed mean that Landlord delivered to can give Tenant possession beneficial occupancy of the Leased Premises "as is" in its present condition on so that Tenant can begin the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct performance of Tenant's business Work in safety. Landlord and Tenant acknowledge that Landlord and Tenant will be working simultaneously to complete the Leased Premises and that Landlord will be continuing the completion of Landlord's Work during the thirty (30) day period after the Delivery of Possession Date. Landlord and Tenant agree to cooperate so as to avoid interference with each other so that Landlord's Work and Tenant's Work may be completed in a timely manner. The Delivery of Possession Date shall be subsequently confirmed by Landlord, or for any other purposeLandlord's supervising architect, nor has by written notice to Tenant. Failure of Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Leased Premises to Tenant on within the Commencement Date, time and in the condition provided for in this Lease will not be void give rise to any claim for damages by Tenant against Landlord or voidable, Landlord will not be liable permit Tenant to Tenant for any resulting loss rescind or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits except as may be provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestin Section 1.2 hereof.

Delivery of Possession. Landlord shall be deemed to have delivered possession of will deliver the Premises to Tenant on or before June 1, 2016, with Landlord’s work substantially completed as described in Exhibit “C”, in accordance with the Commencement Datespace plan layout (the “Plans”) attached hereto as Exhibit “C-l” and incorporated herein by this reference (subject to revisions as mutually agreed to in writing by Landlord and Tenant), as it may be adjusted pursuant to evidenced, if requested by Tenant, by the Workletter. Landlord shall construct certification of Landlord’s architect or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletterother designated engineering representative. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord whatsoever cannot deliver possession of the Premises to Tenant on the Commencement Dateor before such date as above specified, Landlord shall not be in default hereunder, this Lease will shall not be void or voidable, voidable nor shall Landlord will not be liable to Tenant for any resulting loss or damage and resulting therefrom; but in that event, except to the Term extent that any such delay(s) has been caused by Tenant or any of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstandingits agent(s), if Landlord fails to deliver possession to employee(s), contractor(s) or subcontractor(s) (“Tenant within sixty (60) days after Delay”, more than one, “Tenant Delays”), the Commencement Date for shall be adjusted to be the date when Landlord does in fact deliver possession of the Premises to Tenant. Tenant Delays shall include, without limitation, any reason other than change in the initially approved scope of work required by Tenant and selection by Tenant of any item included in the Plans, including, without limitation, partitioning, finishes, carpet or wall covering selection, and lighting or security system specifications, the ordering, production, shipping, availability, delivery or installation of which causes, creates or results in any delay in the performance of Landlord’s work or a delay in the delivery of possession of the Premises to Tenant. In the event of any Tenant Delays, any adjustment to the Commencement Date shall reflect, on a day-for-day basis, the total number of days of all such Tenant Delays such that the adjusted Commencement Date shall be the date that is the total number of Tenant Delay Caused by days prior to the date Landlord does in fact deliver possession of the Premises to Tenant. Notwithstanding the foregoing, in the event that Landlord has not delivered the Premises to Tenant on or before June 15, 2016, as defined above provided, Landlord will provide Tenant with temporary space of not less than 5,000 square feet either in the Workletter, Tenant, as its sole remedy, shall have Building or in another building owned by Landlord in the right Park (the “Temporary Space”) until such time that Landlord is able to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that dateso deliver the Premises. Tenant will execute accept such Temporary Space in its then current “as is” condition and shall be solely responsible for any and all costs related to the Commencement Date Certificate attached installation of its desired furniture, fixtures, cabling and equipment in said Temporary Space, as well as all costs related to the removal of same and the minor restoration of the Temporary Space to the condition same was in when received by Tenant. Other than rental, Tenant’s occupancy of the Temporary Space shall be governed by the applicable provisions of this Lease Lease. Further, during the entire period beginning with Landlord’s delivery of the Temporary Space until the date Tenant surrenders the Temporary Space as Exhibit Ebelow provided, appropriately completed, Tenant shall pay to Landlord rent on a per diem basis (within fifteen 10 days following Tenant’s receipt of Landlord’s invoice therefor) at the annual rate of $19.50 per rentable square foot of said Temporary Space. Tenant shall surrender the Temporary Space with its property removed and such space restored as above provided within seven (157) days of Landlord's requestfollowing the date Landlord so delivers the Premises.

Delivery of Possession. Landlord shall deliver the Premises to Tenant in Delivery Condition (as defined in Paragraph 4.a. below). The date that Landlord delivers the Premises to Tenant in Delivery Condition is, as provided in Paragraph 2.b. above, the Commencement Date and such date is also sometimes referred to in this Lease as the “Delivery Date.” The parties presently estimate that the Delivery Date will be deemed on or about August 1, 2012. Notwithstanding the foregoing, except as otherwise expressly provided below, in the event of any delay in the delivery of the Premises to have Tenant in Delivery Condition due to Force Majeure (as defined below) or other causes, this Lease shall not be void or voidable, nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom, but Landlord shall continue to use commercially reasonable efforts to deliver the Premises to Tenant in Delivery Condition as soon as reasonably possible after August 1, 2012. Further. notwithstanding the foregoing, if Landlord has not delivered the Premises to Tenant in Delivery Condition on or before October 1, 2012 (the “Termination Trigger Date”)(which Termination Trigger Date shall be extended by the length of any delay in the delivery of possession of the Premises to Tenant in Delivery Condition that results from a delay caused by Tenant or Force Majeure; provided that extensions of the Termination Trigger Date on the Commencement Dateaccount of Force Majeure shall not exceed a. total of three (3) months), Tenant, as it Tenant’s sole remedy, may be adjusted pursuant notify Landlord in writing that Tenant elects to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to terminate this Lease, it shall be deemed that Landlord delivered to Tenant possession Lease effective as of the Premises "as is" in its present condition on date thirty (30) days following the Commencement Date. Tenant acknowledges that neither date of such written notice, and, if Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord candoes not deliver possession of the Premises to Tenant in Delivery Condition on or before the Commencement Dateend of’ such thirty (30) day period, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestterminate.

Delivery of Possession. Landlord A. Possession of the Premises shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Datedate which is the earlier to occur of: (i) May 1, 1996; and (ii) the date Tenant occupies all or any part of the Premises. B. On the commencement date of the term of this Lease, Landlord agrees that the Premises shall be broom clean, the HVAC, plumbing, electrical, sprinkler and other mechanical systems at the Premises shall be in working order and the roof shall be free of leaks. Except as set forth herein, Landlord makes no representations or warranties with respect to the Premises and any agreements set forth in the preceding sentence shall not survive Tenant's occupancy of the Premises. After Tenant occupies the Premises, Tenant shall have no right to cancel this Lease, seek a diminution of rent, ▇▇▇ for damages or assert any contractual, legal or equitable remedy based either on a claim that Landlord failed to deliver possession in accordance with the terms of this Lease or based on a claim that the size, location, layout, dimensions or construction of the building or service area(s) (if any), sidewalks, parking or other areas (if any), or any other facilities to be furnished by Landlord, were not completed or furnished in accordance with the terms of this Lease. Notwithstanding the foregoing, if after Tenant occupies the Premises and during the term hereof Landlord is in default under any of its Lease obligations, Tenant shall have such rights at law or in equity to which it may be adjusted pursuant entitled except that Tenant hereby waives any right to cancel or terminate this Lease or to seek a diminution of rent unless such right is explicitly reserved to Tenant under the Workletterterms of this Lease. Landlord shall construct or install in Tenant's occupancy of the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed a certification to Landlord and the holder of any mortgage to which this Lease is, or shall thereafter be, subject and subordinate, that Landlord the Premises have been delivered to it in accordance with the terms of this Lease and that possession thereof has been fully and completely accepted by Tenant who is then in possession of the Premises "as is" in its present condition on same, and that the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to term of this Lease and the suitability or fitness use of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If date for any reason Landlord cannot deliver possession the payment of rent hereunder have all theretofore commenced and that the building, the parking area, and all other portions of the Premises to Tenant have been completed in accordance with the requirements and terms of this Lease, and that there is not then any offset of any rental(s) nor any violation of any of the Lease terms on the Commencement Datepart of the Landlord. Notwithstanding the immediately preceding sentence, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and Tenant's occupancy of the Term of this Lease Premises shall not be extended by deemed a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined certification that there are no latent defects in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's request.the

Delivery of Possession. If Landlord shall be deemed is delayed in Landlord's ability to have delivered deliver possession of all or any portion of the Premises to Tenant as otherwise required herein whether because of strikes, labor difficulties, difficulties in obtaining materials, fire, governmental regulations, or any other circumstances beyond Landlord's reasonable control (including, without limitation, the failure of existing tenants to vacate), then such delay shall not constitute a breach or default on the Commencement Datepart of the Landlord under this Lease or give rise to any claims of damage or expenses of any kind against the Landlord by Tenant, as it may be adjusted pursuant either direct or consequential; provided that (a) Landlord shall proceed with reasonable diligence to deliver the Premises or any remaining portion thereof to the Workletter. Tenant and (b) if Landlord shall construct or install in the Premises the improvements is unable to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the entire Premises by January 1, 2001, then Tenant's sole and exclusive remedy at law and in equity shall be that the Term Commencement Date, the Term Expiration Date and schedule of Annual Base Rent shall be adjusted to reflect any such delay and (c) if Tenant elects to occupy a portion of the Premises and Landlord consents to such occupancy of a portion of the Premises (the "Partial Premises") (which consent shall not unreasonably be with held), Tenant shall occupy such Partial Premises on all of the terms and conditions of the Lease, except that, until the entire Premises is delivered to Tenant, (i) Tenant shall pay the Landlord Annual Base Rent based on the rate of $27.00 per square foot per year for the Partial Premises, (ii) Tenant's Proportionate Share of Real Estate Taxes and all other applicable Additional Rent shall be adjusted to reflect the area of the Partial Premises relative to the area of the entire Premises, (iii) Tenant's rights to use the Parking Areas and related access ways shall be in common with other occupants of the Building and limited to use of a proportionate share of the then existing parking spaces in the Parking Areas (such proportionate share reflecting the area of the Partial Premises relative to the area of the entire Premises) and (iv) Tenant's obligations with respect to the performance of maintenance and repairs shall be limited to the Partial Premises except to the extent that other maintenance or repairs to the Premises, other portions Building or the Property are required as a result of the acts or omissions of Tenant, its agents contractors or employees. Notwithstanding anything in the foregoing paragraph to the contrary, in the event Landlord is unable to deliver possession of the entire Premises to Tenant on the Commencement Dateby April 30, this Lease will not be void or voidable2001, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives by written notice of termination ("Termination Notice") to Landlord within three received on or after May 1, 2001 and prior to the earlier of (3a) days after that datethe date on which Landlord tenders possession of the entire Premises to Tenant or (b) May 8, 2001. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of The foregoing termination right shall be Tenant's sole and exclusive remedy for Landlord's requestfailure to timely deliver possession of the entire Premises.

Delivery of Possession. Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter4.1. If for any reason Landlord candoes not deliver possession of the Premises to Tenant on the Commencement Date, this Lease will Landlord shall not be void or voidablesubject to any liability for such failure, Landlord will the Expiration Date shall not be liable to Tenant for any resulting loss or damage and change, the Term validity of this Lease shall not be extended by a delayed impaired, this Lease shall be neither void nor voidable, but Rent shall be abated until delivery of possession. 4.2. The preceding sentence notwithstandingIf Landlord permits Tenant to enter into possession of the Premises before the Commencement Date, if Landlord fails such possession shall be subject to deliver possession the provisions of this Lease, including, without limitation, the payment of Rent. 4.3. If the delay in delivery of the Premises is the result of Tenant's delay, the Commencement Date shall not be delayed by the number of days of such Tenant delay and, for purposes of Tenant's obligation to pay rent, the Commencement Date shall be deemed to have occurred on the date that the Premises would have been ready for occupancy but for the Tenant within sixty (60) days after delay. In the event Tenant requests not to initially improve certain areas of the Premises, the Commencement Date for those areas will be the same as the improved Premises. 4.4. Tenant's occupancy of the Premises conclusively establishes that Landlord completed improvements, if any, in a manner satisfactory to Tenant and constitutes Tenant's waiver and release of any reason other than a Delay Caused by Tenantand all rights, as defined benefits, claims or warranties available to Tenant under this Lease, at law or in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's requestequity in connection with such improvements.

Delivery of Possession. Landlord No Improvements by Landlord; Obligations Before Commencement Date; Completion by Tenant. (a) The Premises shall be deemed to have delivered possession of the Premises by Landlord to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install Possession Date and accepted by Tenant broom clean in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present "where is" condition on (including the Commencement Date. Tenant acknowledges that neither existing furniture therein) and Landlord nor its agents or employees shall have made any representations or warranties as no obligations whatsoever to the suitability or fitness of improve the Premises for the conduct of Tenant's business use or for any other purpose, nor has Landlord or its agents or employees agreed occupancy. (b) Prior to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, Tenant shall abide by the terms and conditions of this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and lease as if the Term of this Lease lease had already commenced, except that Tenant shall not have no obligation to pay the Minimum Annual Rent or any portion thereof until the Commencement Date. (c) The Premises shall be extended completed by Tenant and its contractor(s), at Tenant's sole expense, in accordance with plans to be prepared by Tenant, approved by Landlord and attached hereto as Exhibit "F" (the "Plans") and specifications to be prepared by Tenant, approved by Landlord and attached hereto as Exhibit "G" (the "Specifications"). Landlord shall respond to a delayed delivery written request for approval of possession. The preceding sentence notwithstanding, the Plans and Specifications within 10 days after receipt thereof and if Landlord fails to deliver possession timely respond thereto, such approval be deemed granted if Landlord fails to Tenant respond to a second written request therefor pursuant to the procedure set forth in Section 41(e) below within sixty three (603) business days after Landlord's receipt of such second written request. In connection with the Commencement Date alterations Tenant intends to make to the Premises in accordance with the Plans and Specifications (the "Tenant Improvements"), Tenant shall comply with Sections 9 and 10 of this lease and the following conditions: (i) Prior to commencement of construction of the Tenant Improvements, Tenant shall deliver to Landlord a certificate of insurance for any reason other than Tenant's general contractor evidencing adequate insurance coverage and naming Landlord and Landlord's agent as additional insureds. (ii) Prior to commencement of construction, Tenant shall deliver to Landlord a Delay Caused true and correct copy of a Waiver of Liens filed by Tenant's general contractor with the Prothonotary of ▇▇▇▇▇▇▇▇▇▇ County. (iii) In addition to the right of Landlord and its Agents to inspect the Premises set forth in Section 11 of this lease, as defined in the Workletter, Tenant, as Landlord and its sole remedy, Agents shall have the right to terminate this Lease conduct a walk-through inspection of the Premises as completed by Tenant. (iv) The warranties from Tenant's contractor(s) shall be for the benefit of Landlord as well as Tenant and receive Tenant shall deliver such warranties to Landlord upon receipt. (v) All construction shall be done in a refund good and workmanlike manner and shall comply at the time of completion with all Laws and Requirements. Tenant shall deliver to Landlord copies of all prepaid Rent certificates of occupancy, permits and Security Deposits provided Tenant gives written notice of termination licenses required to Landlord within three be issued by any authority in connection with Tenant's construction. (3d) Within 30 days after that date. Tenant will execute the later of (i) the Commencement Date Certificate attached to this Lease as Exhibit EDate, appropriately completedor (ii) receipt by Landlord of bona fide invoices therefor, within fifteen Landlord shall reimburse Tenant for the lesser of (15A) days all documented out-of-pocket costs incurred by Tenant in connection with the design and construction of Landlord's requestthe Tenant Improvements, or (B) $1,183,882.00.