Common use of New Premises Commencement Date Clause in Contracts

New Premises Commencement Date. Effective as of the date (the “New Premises Commencement Date”) which shall be the earlier to occur of (i) the date upon which Tenant first commences to conduct business in the New Premises and , and (ii) the date upon which the New Premises is “Ready for Occupancy,” as that term is defined in Section 5.1 of the Work Letter attached hereto as Exhibit B (the “Work Letter”), which New Premises Commencement Date is anticipated to be November 1, 2013, Tenant shall lease from Landlord and Landlord shall lease to Tenant the New Premises on the terms and conditions set forth in the Lease, as hereby amended. Further, subject to the terms of Section 3 below, effective as of the New Premises Commencement Date Tenant’s lease of the Existing Premises shall terminate and be of no further force or effect, and Tenant shall lease from Landlord and Landlord shall lease to Tenant the New Premises on the terms and conditions set forth in the Lease, as hereby amended. Consequently, effective upon the New Premises Commencement Date, the New Premises shall be substituted for the Existing Premises and all references in the Lease, as hereby amended, to the “Premises” shall mean and refer to the “New Premises”, unless the context clearly requires otherwise.

New Premises Commencement Date. Effective as For purposes hereof, the term “New Premises Commencement Date” shall mean the commencement date of the lease of the New Premises, being defined herein for all purposes as the earlier of (i) February 1, 2013 (subject to Landlord Delay and Limited Force Majeure Delay as set forth in Section 4 of Exhibit B) (“Scheduled New Premises Commencement Date”), or (ii) the date when Tenant commences any business operations from the New Premises; provided, however, that if the New Premises Turnover Date (as defined in Section 11 below) has not occurred on or before October 1, 2012, then the Scheduled New Premises Commencement Date shall be extended by one day for each day of delay beyond October 1, 2012 in delivery of possession of such New Premises to Tenant. Notwithstanding the foregoing, Tenant shall have the right to extend such Scheduled New Premises Commencement Date hereunder for up to thirty (30) days, by written notice thereof to Landlord on or before the later of (i) January 1, 2013 and (ii) ninety (90) days following the New Premises Turnover Date (time being of the essence), designating the revised Scheduled New Premises Commencement Date in accordance with the foregoing 30-day permitted extension parameters, whereupon the “New Premises Commencement Date”) which ” for purposes hereof shall be the such date so designated by Tenant (or, in any event, such earlier to occur of (i) the date upon which when Tenant first commences to conduct any business in operations from the New Premises and , and (ii) Premises). In the date upon which absence of such timely notice so extending the New Premises is “Ready for Occupancy,” as that term is defined in Section 5.1 of the Work Letter attached hereto as Exhibit B (the “Work Letter”), which New Premises Commencement Date is anticipated to be November 1, 2013, Tenant shall lease from Landlord and Landlord shall lease to Tenant the New Premises on the terms and conditions set forth in the Lease, as hereby amended. Further, subject to the terms of Section 3 below, effective as of the New Premises Commencement Date Tenant’s lease of the Existing Premises shall terminate and be of no further force or effect, and Tenant shall lease from Landlord and Landlord shall lease to Tenant the New Premises on the terms and conditions set forth in the Lease, as hereby amended. Consequently, effective upon the Scheduled New Premises Commencement Date, the New Premises Commencement Date shall remain as February 1, 2013 for all purposes hereof as same may be substituted for the Existing Premises and all references extended as a result of Landlord Delay, Limited Force Majeure Delay or delay in the LeaseNew Premises Turnover Date as provided in this Section 6 (or, in any event, such earlier date when Tenant commences any business operations from the New Premises, as hereby amended, to the “Premises” shall mean and refer to the “New Premises”, unless the context clearly requires otherwiseprovided above).