Common use of DELIVERY OF THE PREMISES TO TENANT Clause in Contracts

DELIVERY OF THE PREMISES TO TENANT. On or before the Target Completion Date, Landlord shall use its reasonable efforts to Substantially Complete the Leasehold Improvements to be constructed or installed by Landlord in the Premises pursuant to EXHIBIT "B" to this Lease. In the event that the Leasehold Improvements are not Substantially Completed on or before the Target Commencement Date, for any cause or reason, Landlord, its agents and employees, shall not be liable or responsible for any damages or liabilities in connection therewith incurred by Tenant as a result thereof, nor shall the obligations of Tenant provided herein be excused by reason of any such delay, however, if the failure to Substantially Complete construction of the Leasehold Improvements on the Target Commencement Date is due to acts or omissions of Landlord hereunder and not caused by Tenant Delay or Unavoidable Delays, then, in such event, Tenant's sole right and remedy (except as set forth below) shall be to delay the Commencement Date by the number of days that completion of construction of the Leasehold Improvements was delayed by the acts or omissions of Landlord hereunder and not caused by Tenant Delay or Unavoidable Delays, but in no event shall the Commencement Date be later than the date on which Tenant takes possession or commences business operations upon the Premises or any part thereof. The Premises shall be deemed Substantially Completed and possession delivered upon the earlier of (i) the date Landlord's Architect (as defined in EXHIBIT "B") certifies that the Leasehold Improvements have been Substantially Completed, subject to completion of those items, if any, listed on Landlord's punch list or (ii) the date Tenant, or anyone claiming by, through or under Tenant, occupies any portion of the Premises for the purpose of the conduct of Tenant's (or such other person's) business. Notwithstanding anything to the contrary contained herein, if there is a delay in the availability for occupancy of the Premises due to Tenant Delay (as defined in EXHIBIT "B"), then, the Landlord may nevertheless tender possession of the Premises to Tenant on the date when Landlord would otherwise have been able to do so except for the delay which was caused by or attributable to Tenant Delay and the Commencement Date shall be such date even though (i) Tenant may not, in fact, occupy the Premises on such date; (ii) the Leasehold Improvements were not, in fact, Substantially Completed on the Target Commencement Date, and (iii) Landlord shall actually Substantially Complete the Leasehold Improvements after the Target Commencement Date and deliver possession of the Premises after the Commencement Date. Notwithstanding the foregoing, if the failure to Substantially Complete construction of the Leasehold Improvements on the Target Commencement Date is due solely to the unexcused actions of Landlord hereunder (that is, not due to Tenant Delay or Unavoidable Delays), then Landlord shall be obligated to pay Tenant an amount equal to the difference between the rent (including any holdover rent premiums) payable by Tenant during the Holdover Period (as hereinafter defined) for space leased in the buildings located at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, and ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ in Fairfax County, Virginia (collectively, the "Existing Leases") and the rent that would be due under this Lease if the Leasehold Improvements had been Substantially Completed by the Target Commencement Date (collectively, the "Holdover Costs"). Tenant represents that true, correct and complete copies of the Existing Leases have been delivered to Landlord. Tenant shall use all reasonable efforts to minimize Holdover Costs. All Holdover Costs due hereunder shall be paid by Landlord within ten (10) Business Days after Tenant's submission to Landlord of an invoice therefor, accompanied by documentation showing Tenant's payment of or an obligation to pay such Holdover Costs (in which case Landlord shall be obligated to pay such Holdover Costs directly to the Landlord(s) under the Existing Lease(s). Landlord shall have the right to participate in all discussion or negotiations with the landlord under the Existing Leases regarding the Holdover Costs payable thereunder, and Tenant shall not, without Landlord's prior written consent, amend the terms of the Existing Leases with respect to the Holdover Costs payable thereunder. For purposes hereof, the "Holdover Period" shall commence on the Target Commencement Date (as such date shall be extended by one (1) day for each day of Tenant Delay and Unavoidable Delay) through and including the date on which Tenant's holdover obligations cease, but in no event later than the date which is 30 (thirty) days after the date on which the Leasehold Improvements are Substantially Completed. No event of Tenant Delay shall excuse Landlord from any obligations under this Section 1.02 if Holdover Costs would be incurred by Tenant as a result of Landlord Delay, provided that if Tenant Delay extends the Holdover Period beyond that which would be attributable to Landlord Delay, Landlord shall not be responsible for Holdover Costs during such extended Holdover Period.

DELIVERY OF THE PREMISES TO TENANT. On or before Section 3.01 Before the Target Completion Commencement Date, Landlord shall use its reasonable efforts to Substantially Complete substantially complete the floor(s) or portions thereof on which the Premises are located and shall construct the Leasehold Improvements Improvements, if any, to be constructed or installed by Landlord in pursuant to the provisions of Exhibit A and B hereto. If for any reason Landlord cannot deliver the Premises pursuant to EXHIBIT "B" to this Lease. In Tenant by the event that the Leasehold Improvements are not Substantially Completed on or before the Target Commencement Date, for any cause or reason, Landlord, its agents and employees, this Lease shall not be liable void or responsible for any damages or liabilities in connection therewith incurred by Tenant as a result thereofvoidable, nor shall Landlord be liable for any loss or damage resulting there from, except that the obligations of Tenant provided herein be excused by reason of any such delay, however, if the failure to Substantially Complete construction of the Leasehold Improvements on the Target Commencement Date is due to acts or omissions of Landlord hereunder and not caused by Tenant Delay or Unavoidable Delays, then, in such event, Tenant's sole right and remedy (except as set forth below) Rental shall be to delay waived for the period between the Commencement Date by the number of days that completion of construction of the Leasehold Improvements was delayed by the acts or omissions of Landlord hereunder and not caused by Tenant Delay or Unavoidable Delays, but in no event shall the Commencement Date be later than the date on which when Landlord can deliver possession and Landlord shall extend the Term. Tenant takes possession may not enter or commences business operations upon occupy the Premises or any part thereofuntil it is tendered by Landlord, unless ▇▇▇▇▇▇'s entry relates to construction work in the Premises. The Premises shall be deemed Substantially Completed completed and possession delivered upon when the earlier Premises is completed to accommodate Tenants use. The terms of (i) Exhibit A and B hereto shall govern the date Landlord's Architect (construction and installation of all Leasehold Improvements. The term "Building Standard Leasehold Improvements" as defined in EXHIBIT "B") certifies that the used herein shall mean those Leasehold Improvements have been Substantially Completed, subject which conform to completion of those items, if any, listed on Landlord's punch list or (ii) the date Tenant, or anyone claiming by, through or under Tenant, occupies any portion of the Premises for the purpose of the conduct of Tenant's (or such other person's) businessBuilding Standard. Notwithstanding anything to the contrary contained herein, if there is a delay in the availability for occupancy of the Premises due to Tenant Delay (The term "Non-Building Standard Leasehold Improvements" as defined in EXHIBIT "B"), then, the Landlord may nevertheless tender possession of the Premises to Tenant on the date when Landlord would otherwise have been able to do so except for the delay which was caused by or attributable to Tenant Delay and the Commencement Date used herein shall be such date even though (i) Tenant may not, in fact, occupy the Premises on such date; (ii) the mean all Leasehold Improvements were not, in fact, Substantially Completed on the Target Commencement Date, which exceed or deviate from Building Standard. The terms "Building Standard" and (iii) Landlord shall actually Substantially Complete the Leasehold Improvements after the Target Commencement Date and deliver possession of the Premises after the Commencement Date. Notwithstanding the foregoing, if the failure to Substantially Complete construction of the Leasehold Improvements on the Target Commencement Date is due solely to the unexcused actions of Landlord hereunder (that is, not due to Tenant Delay or Unavoidable Delays), then Landlord shall be obligated to pay Tenant an amount equal to the difference between the rent (including any holdover rent premiums) payable by Tenant during the Holdover Period ("Non-Building Standard" as hereinafter defined) for space leased in the buildings located at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, and ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ in Fairfax County, Virginia (collectively, the "Existing Leases") and the rent that would be due under this Lease if the Leasehold Improvements had been Substantially Completed by the Target Commencement Date (collectively, the "Holdover Costs"). Tenant represents that true, correct and complete copies of the Existing Leases have been delivered to Landlord. Tenant shall use all reasonable efforts to minimize Holdover Costs. All Holdover Costs due hereunder shall be paid by Landlord within ten (10) Business Days after Tenant's submission to Landlord of an invoice therefor, accompanied by documentation showing Tenant's payment of or an obligation to pay such Holdover Costs (in which case Landlord shall be obligated to pay such Holdover Costs directly to the Landlord(s) under the Existing Lease(s). Landlord used herein shall have the right to participate meanings specified and or indicated in all discussion or negotiations with the landlord under the Existing Leases regarding the Holdover Costs payable thereunder, and Tenant shall not, without Landlord's prior written consent, amend the terms of the Existing Leases with respect to the Holdover Costs payable thereunder. For purposes hereof, the "Holdover Period" shall commence on the Target Commencement Date (as such date shall be extended by one (1) day for each day of Tenant Delay and Unavoidable Delay) through and including the date on which Tenant's holdover obligations cease, but in no event later than the date which is 30 (thirty) days after the date on which the Leasehold Improvements are Substantially Completed. No event of Tenant Delay shall excuse Landlord from any obligations under this Section 1.02 if Holdover Costs would be incurred by Tenant as a result of Landlord Delay, provided that if Tenant Delay extends the Holdover Period beyond that which would be attributable to Landlord Delay, Landlord shall not be responsible for Holdover Costs during such extended Holdover PeriodExhibit B hereto.

DELIVERY OF THE PREMISES TO TENANT. On or before Section 3.01. Landlord will endeavor to substantially complete the Target Completion Date, Landlord shall use its reasonable efforts ------------- floor(s) in which the Premises are located and to Substantially Complete the Leasehold Improvements to be constructed or installed by Landlord construct and install in the Premises pursuant the Base Building Work (as defined in Exhibit C hereof) seven and one- half (7-1/2) months prior to EXHIBIT "B" to this Lease. In the event that the Leasehold Improvements are not Substantially Completed on or before the Target Commencement Date, for any cause or reason, Landlord, its agents and employees, shall not be liable or responsible for any damages or liabilities in connection therewith incurred by Tenant as a result thereof, nor shall the obligations of Tenant provided herein be excused by reason of any such delay, however, if the failure to Substantially Complete construction of the Leasehold Improvements on the Target Commencement Date is due specified in the Basic Lease Information. If for any reason Landlord cannot deliver the Premises to acts Tenant by such date, this lease shall not be void or omissions of voidable, nor shall Landlord hereunder and not caused by Tenant Delay be liable for any loss or Unavoidable Delays, thendamage resulting therefrom. Notwithstanding the foregoing, in such eventthe event Landlord has not substantially completed the Base Building Work by April 1, Tenant's sole right and remedy (except as set forth below) 1989, which date shall be to delay the Commencement Date extended by the number of days that completion of construction Tenant delay as described in Article 6 and 7 of Exhibit C, Landlord shall be liable to Tenant for the Leasehold Improvements was delayed amount by which (i) Tenant's rent expenses in its present space, or substitute space, as the acts or omissions of case may be, exceed (ii) the Rental Tenant would reasonably be obligated to pay Landlord hereunder and not caused had Tenant been occupying the Premises (without regard to any free rent period), which excess shall be computed for the period commencing on April 1, 1989 (as extended aforesaid by Tenant Delay delays) and ending on the earlier of April 1, 1990 or Unavoidable Delays, but in no event shall the Commencement Date be later than the date on which Landlord, at Landlord's option sends written notice to Tenant takes possession giving Tenant the right to terminate this lease by reason of the non-completion of the Base Building Work. In the event Landlord has not substantially completed the Base Building Work by April 1, 1990, which date shall be extended by the number of days of Tenant delays as described in Article 6 and 7 of Exhibit C, or, in the event Landlord has given Tenant the right, exercisable at any time prior to the date on which the Base Building Work is substantially completed, to terminate the lease pursuant to the preceding sentence, Tenant shall have the right to terminate this lease by giving Landlord written notice of such election, in which event neither Landlord nor Tenant shall have any further liability or commences business operations upon responsibility hereunder or in connection herewith; provided that Tenant may promptly remove any property of Tenant which Tenant had placed or installed in or on the Premises Premises, Building or Land (and repair any part thereofdamage caused by such removal) and shall be entitled to receive a refund from Landlord of the monthly installment of Annual Rental paid by Tenant incident to the execution of this lease. Tenant may not, without Landlord's consent, enter or occupy the Premises, Building or Land until the Base Building Work is substantially completed. However, Landlord agrees that it will permit Tenant and its contractors to have access to the Premises, Building or Land, or portions thereof as applicable as promptly as practicable to commence construction and installation of Tenant Build-out and Communication Systems prior tot the substantial completion of the Base Building Work if and to the extent Landlord determines in good faith that such work by Tenant or its contractors will not unreasonably interfere with the work of Landlord and its contractors in completing the Building and Base Building Work. Section 3.02. The Premises shall be deemed Substantially Completed scheduling and possession delivered upon the earlier of (i) the date Landlord's Architect (as defined in EXHIBIT "B") certifies that the Leasehold Improvements have been Substantially Completed, subject to completion of those items, if any, listed on Landlord's punch list or (ii) the date Tenant, or anyone claiming by, through or under Tenant, occupies any portion of the Premises for the purpose of the conduct coordination of Tenant's (contractors ------------- and their workers and mechanics will be subject to reasonable regulation by Landlord or such other person's) businessLandlord's contractor to avoid interferences with labor employed by Landlord, Landlord's contractor or their mechanics or subcontractors and their workers or mechanics. Notwithstanding anything The foregoing license to enter prior to the contrary contained hereinCommencement Date, if there however, is a delay conditioned upon Tenant's workers and mechanics working in harmony and not unreasonably interfering with the availability for occupancy of the Premises due to Tenant Delay (as defined in EXHIBIT "B")labor employed by Landlord, then, the Landlord may nevertheless tender possession of the Premises to Tenant on the date when Landlord would otherwise have been able to do so except for the delay which was caused Landlord's mechanics or contractors or by any other tenant or attributable to Tenant Delay and its contractors. Any such entry before the Commencement Date shall be such date even though (i) Tenant may notsubject to all terms of this lease, in fact, occupy except the Premises on such date; (ii) the Leasehold Improvements were not, in fact, Substantially Completed on the Target Commencement Date, and (iii) Landlord shall actually Substantially Complete the Leasehold Improvements after the Target Commencement Date and deliver possession of the Premises after the Commencement Date. Notwithstanding the foregoing, if the failure to Substantially Complete construction of the Leasehold Improvements on the Target Commencement Date is due solely to the unexcused actions of Landlord hereunder (that is, not due to Tenant Delay or Unavoidable Delays), then Landlord shall be obligated covenant to pay Tenant an amount equal to the difference between the rent (including any holdover rent premiums) payable by Tenant during the Holdover Period (as hereinafter defined) for space leased in the buildings located at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, and ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ in Fairfax County, Virginia (collectively, the "Existing Leases") and the rent that would be due under this Lease if the Leasehold Improvements had been Substantially Completed by the Target Commencement Date (collectively, the "Holdover Costs")Rental. Tenant represents that true, correct and complete copies of the Existing Leases have been delivered to Landlord. Tenant shall use all reasonable efforts to minimize Holdover Costs. All Holdover Costs due hereunder shall be paid by Landlord within ten (10) Business Days after Tenant's submission to Landlord of an invoice therefor, accompanied by documentation showing Tenant's payment of or an obligation to pay such Holdover Costs (in which case Landlord shall be obligated to pay such Holdover Costs directly to the Landlord(s) under the Existing Lease(s). Landlord shall have the right to participate in all discussion or negotiations with the landlord under the Existing Leases regarding the Holdover Costs payable thereunder, and Tenant shall not, without Landlord's prior written consent, amend the terms of the Existing Leases with respect to the Holdover Costs payable thereunder. For purposes hereof, the "Holdover Period" shall commence on the Target Commencement Date (as such date shall be extended by one (1) day for each day of Tenant Delay and Unavoidable Delay) through and including the date on which Tenant's holdover obligations cease, but in no event later than the date which is 30 (thirty) days after the date on which the Leasehold Improvements are Substantially Completed. No event of Tenant Delay shall excuse Landlord from any obligations under this Section 1.02 if Holdover Costs would be incurred by Tenant as a result of Landlord Delay, provided that if Tenant Delay extends the Holdover Period beyond that which would be attributable to Landlord Delay, Landlord shall not be responsible for Holdover Costs during such extended Holdover Periodany loss or damage to the Tenant Build-out. Section 3.03. The terms of Exhibit C hereto shall govern the ------------- construction and-installation of Tenant Build-out.

DELIVERY OF THE PREMISES TO TENANT. On or before the Target Completion Estimated Delivery Date, Landlord shall use its reasonable best efforts to Substantially Complete the Leasehold Improvements to be constructed or installed by Landlord in deliver the Premises pursuant in broom clean condition to EXHIBIT "B" to this LeaseTenant. In the event that the Leasehold Improvements Premises are not Substantially Completed delivered on or before the Target Commencement Estimated Delivery Date, for any cause or reason, Landlord, its agents and employees, shall not be liable or responsible for any damages or liabilities in connection therewith incurred by Tenant as a result thereof, nor shall the obligations of Tenant provided herein be excused by reason of any such delay, however, if the failure to Substantially Complete construction of deliver the Leasehold Improvements Premises on the Target Commencement Estimated Delivery Date is due solely to acts or omissions the unexcused actions of Landlord hereunder and not caused by Tenant Delay (or Unavoidable DelaysLandlord's failure to deliver free of tenants), then, in such event, Tenant's sole right and remedy (except as set forth belowsubject to Section 1.04 hereof) shall be to delay the Commencement Date by the number of days that completion of construction of the Leasehold Improvements was delivery is delayed solely by the acts or omissions unexcused actions of Landlord hereunder and not caused by Tenant Delay or Unavoidable DelaysLandlord, but in no event shall the Commencement Date be later than the date on which Tenant takes possession or commences business operations upon the Premises or any part thereof. On or before the Estimated Completion Date, Landlord shall use its best efforts to substantially complete the Leasehold Improvements to be constructed or installed by Landlord in the Premises pursuant to Exhibit "B" to this Lease. In the event that the Leasehold Improvements are not completed on or before the Estimated Completion Date, for any cause or reason, Landlord, its agents and employees, shall not be liable or responsible for any damages or liabilities in connection therewith incurred by Tenant as a result thereof, nor shall the obligations of Tenant provided herein be excused by reason of any such delay. The Premises Leasehold Improvements shall be deemed Substantially Completed and possession delivered completed upon the earlier of (i) the date Landlord's Architect (as defined in EXHIBIT Exhibit "B") certifies that the Leasehold Improvements Premises have been Substantially Completedsubstantially completed, subject to completion of those items, if any, listed on Landlord's punch list list. Nothing herein shall delay or (ii) the date Tenant, or anyone claiming by, through or under Tenant, occupies any portion of the Premises for the purpose of the conduct of Tenant's (or such other person's) business. Notwithstanding anything to the contrary contained herein, if there is a delay in the availability for occupancy of the Premises due to Tenant Delay (as defined in EXHIBIT "B"), then, the Landlord may nevertheless tender possession of the Premises to Tenant on the date when Landlord would otherwise have been able to do so except for the delay which was caused by or attributable to Tenant Delay and extend the Commencement Date shall be such date even though (i) Tenant may not, in fact, occupy or the Premises on such date; (ii) the Leasehold Improvements were not, in fact, Substantially Completed on the Target Rent Commencement Date, and (iii) Landlord shall actually Substantially Complete the Leasehold Improvements after the Target Commencement Date and deliver possession of the Premises after the Commencement Date. Notwithstanding the foregoing, if the failure to Substantially Complete construction of the Leasehold Improvements on the Target Commencement Date is due solely to the unexcused actions of Landlord hereunder (that is, not due to Tenant Delay or Unavoidable Delays), then Landlord shall be obligated to pay Tenant an amount equal to the difference between the rent (including any holdover rent premiums) payable by Tenant during the Holdover Period (as hereinafter defined) for space leased in the buildings located at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, and ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ in Fairfax County, Virginia (collectively, the "Existing Leases") and the rent that would be due under this Lease if the Leasehold Improvements had been Substantially Completed by the Target Commencement Date (collectively, the "Holdover Costs"). Tenant represents that true, correct and complete copies of the Existing Leases have been delivered to Landlord. Tenant shall use all reasonable efforts to minimize Holdover Costs. All Holdover Costs due hereunder shall be paid by Landlord within ten (10) Business Days after Tenant's submission to Landlord of an invoice therefor, accompanied by documentation showing Tenant's payment of or an obligation to pay such Holdover Costs (in which case Landlord shall be obligated to pay such Holdover Costs directly to the Landlord(s) under the Existing Lease(s). Landlord shall have the right to participate in all discussion or negotiations with the landlord under the Existing Leases regarding the Holdover Costs payable thereunder, and Tenant shall not, without Landlord's prior written consent, amend the terms of the Existing Leases with respect to the Holdover Costs payable thereunder. For purposes hereof, the "Holdover Period" shall commence on the Target Commencement Date (as such date shall be extended by one (1) day for each day of Tenant Delay and Unavoidable Delay) through and including the date on which Tenant's holdover obligations cease, but in no event later than the date which is 30 (thirty) days after the date on which the Leasehold Improvements are Substantially Completed. No event of Tenant Delay shall excuse Landlord from any obligations under this Section 1.02 if Holdover Costs would be incurred by Tenant as a result of Landlord Delay, provided that if Tenant Delay extends the Holdover Period beyond that which would be attributable to Landlord Delay, Landlord shall not be responsible for Holdover Costs during such extended Holdover Period.