Common use of E above Clause in Contracts

E above. Prior to delivery of the Leased Premises, Landlord shall perform the Tenant Work (as defined in Exhibit B). In the event that the Tenant Work is not substantially completed, or Landlord is otherwise unable to tender possession of the Leased Premises to Tenant in the condition required by this Lease, by the Estimated Term Commencement Date for any reason or cause, other than as a result of a Tenant Delay (as defined in Exhibit B), then the Term Commencement Date shall be delayed and shall be the earlier of (i) the date that any portion of the Leased Premises are occupied by Tenant for the conduct of its business, or (ii) the date that the Tenant Work is substantially completed (as defined in Section 3.01.C, below). In the event the Term Commencement Date is so delayed, Landlord shall not be liable or responsible for any claims, damages, or liabilities by reason of such delay except as expressly set forth in Sections 3.01.D and 3.01.E below. Notwithstanding the foregoing, in the event that the Tenant Work is not substantially completed, or Landlord is otherwise unable to tender possession of the Leased Premises to Tenant by the Estimated Term Commencement Date, as a result of a Tenant Delay, then the Term Commencement Date and all the obligations of Tenant hereunder, including, but not limited to, the obligations of Tenant to pay Minimum Rent and Additional Rent, shall not be delayed and shall begin on the date that the Tenant Work would have been substantially completed had such Tenant Delay not occurred. At Landlord’s request, Tenant shall promptly enter into one or more supplementary written agreements specifying or confirming the Term Commencement Date and Termination Date.

E above. Prior to delivery Notwithstanding the foregoing, all obligations of the Leased Premisesparties, as set forth in this Lease, shall be binding as of the date hereof. If Landlord shall perform the Tenant Work (as defined in Exhibit B). In the event that the Tenant Work is does not substantially completed, or Landlord is otherwise unable to tender possession of deliver the Leased Premises to Tenant with the Landlord Work substantially complete on or before October 31, 2016 (as such date may be extended as hereinbelow described, the “Outside Date”), then Landlord shall not be liable or responsible for any Losses (as defined below) by reason of such delay and Tenant, as its sole and exclusive remedy, may cancel this Lease by Notice delivered to Landlord no later than 5:00 p.m. Pacific Time on the thirtieth (30th) day after the Outside Date, and Landlord shall have thirty (30) days from receipt of Tenant’s Notice to deliver the Leased Premises in the condition required hereunder. If Landlord fails to so deliver within such thirty (30) day period, then this Lease shall be deemed terminated and the parties hereto shall have no further liability to each other except that Landlord shall promptly refund the Security Deposit, the Prepaid Base Rent and the OE/Tax Estimate to Tenant. If Landlord’s failure to deliver is caused directly or indirectly by this LeaseForce Majeure and Landlord has provided Notice as required under Section 17.13, by the Estimated Term Commencement Date for below, and/or any reason or cause, other than as a result of a Tenant Delay Delays (as defined in Exhibit B), then Tenant’s option to cancel this Lease shall be postponed for the Term Commencement period of such delay(s) and the Outside Date shall be delayed and shall be automatically extended for a period equal to the earlier of (i) the date that any portion of the Leased Premises are occupied by Tenant for the conduct of its business, period or (ii) the date that the Tenant Work is substantially completed (as defined in Section 3.01.C, below). In the event the Term Commencement Date is so delayed, Landlord shall not be liable or responsible for any claims, damages, or liabilities by reason periods of such delay except as expressly set forth in Sections 3.01.D and 3.01.E below. Notwithstanding the foregoing, in the event that the Tenant Work is not substantially completed, or Landlord is otherwise unable to tender possession of the Leased Premises to Tenant by the Estimated Term Commencement Date, as a result of a Tenant Delay, then the Term Commencement Date and all the obligations of Tenant hereunder, including, but not limited to, the obligations of Tenant to pay Minimum Rent and Additional Rent, shall not be delayed and shall begin on the date that the Tenant Work would have been substantially completed had such Tenant Delay not occurreddelay. At Landlord’s request, Tenant shall promptly enter into one or more supplementary written agreements specifying or confirming the Term Commencement Date and Termination Date.