Common use of Outside Date Clause in Contracts

Outside Date. In the event that the Substantial Completion of the Improvements in the Expansion Space has not occurred by the "OUTSIDE DATE," which shall be March 15, 2001, as such March 15, 2001 date may be extended by the number of days of Tenant Delays and by the number of days of "Force Majeure Delays" (as defined below), then the sole remedy of Tenant shall be the right to deliver a notice to Landlord (the "OUTSIDE DATE TERMINATION NOTICE") electing to terminate Tenant's lease of the Expansion Space only (but not the Existing Premises) effective upon receipt of the Outside Date Termination Notice by Landlord (the "EFFECTIVE DATE"). Except as provided hereinbelow, the Outside Date Termination Notice must be delivered by Tenant to Landlord, if at all, not earlier than the Outside Date and not later than five (5) business days after the Outside Date. If Tenant delivers the Outside Date Termination Notice to Landlord, then Landlord shall have the right to suspend the Effective Date for a period ending thirty (30) days after the original Effective Date. In order to suspend the Effective Date, Landlord must deliver to Tenant, within five (5) business days after receipt of the Outside Date Termination Notice, a certificate of the Contractor certifying that it is such Contractor's best good faith judgment that Substantial Completion of the Improvements in the Expansion Space will occur within thirty (30) days after the original Effective Date. If Substantial Completion of the Improvements in the Expansion Space occurs within said thirty (30) day suspension period, then the Outside Date Termination Notice shall be of no further force and effect; if, however, Substantial Completion of the Improvements in the Expansion Space does not occur within said thirty (30) day suspension period, then Tenant's lease of the Expansion Space only (but not the Existing Premises) shall terminate as of the date of expiration of such thirty (30) day period. If prior to the Outside Date Landlord determines that Substantial Completion of the Improvements

Outside Date. In the event that the Substantial Completion of the Improvements in the Expansion Space Premises has not occurred by the "OUTSIDE DATE," which shall be March 15September 1, 20011997, as such March 15September 1, 2001 1997 date may be extended by the number of days of Tenant Delays and by the number of days of "Force Majeure Delays" (as defined below), then the sole remedy of Tenant shall be the right to deliver a notice to Landlord (the "OUTSIDE DATE TERMINATION NOTICE") electing to terminate Tenant's lease of the Expansion Space only (but not the Existing Premises) this Lease effective upon receipt of the Outside Date Termination Notice by Landlord (the EXHIBIT "D" 41 "EFFECTIVE DATE"). Except as provided hereinbelow, the Outside Date Termination Notice must be delivered by Tenant to Landlord, if at all, not earlier than the Outside Date and not later than five (5) business days after the Outside Date. If Tenant delivers the Outside Date Termination Notice to Landlord, then Landlord shall have the right to suspend the Effective Date for a period ending thirty (30) days after the original Effective Date. In order to suspend the Effective Date, Landlord must deliver to Tenant, within five (5) business days after receipt of the Outside Date Termination Notice, a certificate of the Contractor certifying that it is such Contractor's best good faith judgment that Substantial Completion of the Improvements in the Expansion Space Premises will occur within thirty (30) days after the original Effective Date. If Substantial Completion of the Improvements in the Expansion Space Premises occurs within said thirty (30) day suspension period, then the Outside Date Termination Notice shall be of no further force and effect; if, however, Substantial Completion of the Improvements in the Expansion Space Premises does not occur within said thirty (30) day suspension period, then Tenant's lease of the Expansion Space only (but not the Existing Premises) this Lease shall terminate as of the date of expiration of such thirty (30) day period. If prior to the Outside Date Landlord determines that Substantial Completion of the ImprovementsPremises will not occur by the Outside Date, Landlord shall have the right to deliver a written notice to Tenant stating Landlord's opinion as to the date by which Substantial Completion of the Premises shall occur and Tenant shall be required, within five (5) business days after receipt of such notice, to either deliver the Outside Date Termination Notice (which will mean that this Lease shall thereupon terminate and shall be of no further force and effect) or agree to extend the Outside Date to that date which is set by Landlord. Failure of Tenant to so respond in writing within said five (5) business day period shall be deemed to constitute Tenant's agreement to extend the Outside Date to that date which is set by Landlord. If the Outside Date is so extended, Landlord's right to request Tenant to elect to either terminate or further extend the Outside Date shall remain and shall continue to remain, with each of the notice periods and response periods set forth above, until the Substantial Completion of the Premises or until this Lease is terminated. For purposes of this Section 5.3, "FORCE MAJEURE DELAYS" shall mean and refer to a period of delay or delays encountered by Landlord affecting the work of construction of the Tenant Improvements 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, similarly improved, in comparable office buildings in Calabasas, California; fire, earthquake or other acts of God; acts of the public enemy; riot; public unrest; insurrection; governmental regulations of the sales of materials or supplies or the transportation thereof; strikes or boycotts; shortages of material or labor or any other cause beyond the reasonable control of Landlord.

Outside Date. In the event that the Substantial Completion of the Tenant Improvements in the Expansion Space Premises has not occurred by the "OUTSIDE DATE“Outside Date," ” which shall be March 15, 2001the date that is six (6) months after the date Landlord receives all necessary permits for the Tenant Improvements, as such March 15, 2001 date six (6) month period may be extended by the number of days of Tenant Delays and by the number of days of "“Force Majeure Delays" ” (as defined in Section 11.7 of this Tenant Work Letter below), then the sole remedy of Tenant shall be the right to deliver a notice to Landlord (the "OUTSIDE DATE TERMINATION NOTICE"“Outside Date Termination Notice”) electing to terminate Tenant's lease of the Expansion Space only (but not the Existing Premises) Lease effective upon receipt of the Outside Date Termination Notice by Landlord (the "EFFECTIVE DATE"“Effective Date”). Except as provided hereinbelow, the Outside Date Termination Notice must be delivered by Tenant to Landlord, if at all, not earlier than the Outside Date and not later than five ten (510) business days after the Outside Date. If Tenant delivers the Outside Date Termination Notice to Landlord, then Landlord shall have the right to suspend the Effective Date for a period ending thirty fifteen (3015) business days after the original Effective Date. In order to suspend the Effective Date, Landlord must deliver to Tenant, within five (5) business days after receipt of the Outside Date Termination Notice, a certificate of the Contractor certifying that it is such Contractor's ’s best good faith judgment that Substantial Completion of the Tenant Improvements in the Expansion Space Premises will occur within thirty fifteen (3015) days after the original Effective Date. If Substantial Completion of the Tenant Improvements in the Expansion Space Premises occurs within said thirty fifteen (3015) day suspension period, then the Outside Date Termination Notice shall be of no further force and effect; if, however, Substantial Completion of the Tenant Improvements in the Expansion Space Premises does not occur within said thirty fifteen (3015) day suspension period, then Tenant's lease of the Expansion Space only (but not the Existing Premises) this Lease shall terminate as of the date of expiration of such thirty fifteen (3015) day period. If prior to the Outside Date Landlord determines that Substantial Completion of the ImprovementsTenant Improvements in the Premises will not occur by the Outside Date, Landlord shall have the right to deliver a written notice to Tenant stating Landlord’s opinion as to the date by which Substantial Completion of the Tenant Improvements in the Premises shall occur and Tenant shall be required, within ten (10) business days after receipt of such notice, to either deliver the Outside Date Termination Notice (which will mean that this Lease shall thereupon terminate and shall be of no further force and effect) or agree to extend the Outside Date to that date which is set by Landlord. Failure of Tenant to so respond in writing within said ten (10) business day period shall be deemed to constitute Tenant’s agreement to extend the Outside Date to that date which is set by Landlord. If the Outside Date is so extended, Landlord’s right to request Tenant to elect to either terminate or further extend the Outside Date shall remain and shall continue to remain, with each of the notice periods and response periods set forth above, until the Substantial Completion of the Tenant Improvements in the Premises or until this Lease is terminated.

Outside Date. In the event that the Substantial Completion (as defined in the Work Letter Agreement) of the Improvements in the Expansion Space Premises has not occurred by September 1, 2004 (the "OUTSIDE DATE," which shall be March 15, 2001“Outside Date”), as such March 15, 2001 date Outside Date may be extended by the number of days of Tenant Delays (as defined in the Work Letter Agreement) and by the number of days of "Force Majeure Delays" Delays (as defined belowin Section 32.15 hereof), then the sole remedy of Tenant shall be the right to deliver a notice to Landlord (the "OUTSIDE DATE TERMINATION NOTICE"“Outside Date Termination Notice”) electing to terminate Tenant's lease of the Expansion Space only (but not the Existing Premises) this Lease effective upon receipt of the Outside Date Termination Notice by Landlord (the "EFFECTIVE DATE"“Effective Date”). Except as provided hereinbelow, the Outside Date Termination Notice must be delivered by Tenant to Landlord, if at all, not earlier than the Outside Date and not later than five (5) business days after the Outside Date. If Tenant delivers the Outside Date Termination Notice to Landlord, then Landlord shall have the right to suspend the Effective Date for a period ending thirty (30) days after the original Effective Date. In order to suspend the Effective Date, Landlord must deliver to Tenant, within five (5) business days after receipt of the Outside Date Termination Notice, a certificate of the Contractor (as defined in the Work Letter Agreement) certifying that it is such Contractor's ’s best good faith judgment that Substantial Completion of the Improvements in the Expansion Space Premises will occur within thirty (30) days after the original Effective Date. If Substantial Completion of the Improvements in the Expansion Space Premises occurs within said thirty (30) day suspension period, then the Outside Date Termination Notice shall be of no further force and effect; if, however, Substantial Completion of the Improvements in the Expansion Space Premises does not occur within said thirty (30) day suspension period, then Tenant's lease of the Expansion Space only (but not the Existing Premises) this Lease shall terminate as of the date of expiration of such thirty (30) day period. If prior to the Outside Date Landlord determines that Substantial Completion Upon termination of the ImprovementsLease pursuant to this Section 2.3, the parties shall be relieved of all further obligations under this Lease except for those obligations under this Lease which expressly survive the expiration or sooner termination of the Lease.

Outside Date. In the event that the Substantial Completion of the Improvements in the Expansion Space ------------ Premises has not occurred by the "OUTSIDE DATEOutside Date," which shall be March 15December 31, 20011997, as such March 15December 31, 2001 1997 date may be extended by the number of days of Tenant Delays and by the number of days of "Force Majeure Delays" (as defined below), then the sole remedy of Tenant shall be the right to deliver a notice to Landlord (the "OUTSIDE DATE TERMINATION NOTICE") electing to terminate Tenant's lease of the Expansion Space only (but not the Existing Premises) this Lease effective upon receipt of the Outside Date Termination Notice by Landlord (the "TERMINATION EFFECTIVE DATE"). Except as provided hereinbelow, the Outside Date Termination Notice must be delivered by Tenant to Landlord, if at all, not earlier than the Outside Date and not later than five (5) business days after the Outside Date. If Tenant delivers the Outside Date Termination Notice to Landlord, then Landlord shall have the right to suspend the Termination Effective Date for a period ending thirty (30) days after the original Termination Effective Date. In order to suspend the Termination Effective Date, Landlord must deliver to Tenant, within five (5) business days after receipt of the Outside Date Termination Notice, a certificate of the Contractor certifying that it is such Contractor's best good faith judgment that Substantial Completion of the Improvements in the Expansion Space Premises will occur within thirty (30) days after the original Termination Effective Date. If Substantial Completion of the Improvements in the Expansion Space Premises occurs within said thirty (30) day suspension period, then the Outside Date Termination Notice shall be of no further force and effect; if, however, Substantial Completion of the Improvements in the Expansion Space Premises does not occur within said thirty (30) day suspension period, then Tenant's lease of the Expansion Space only (but not the Existing Premises) this Lease shall terminate as of the date of expiration of such thirty (30) day period. If prior to the Outside Date Landlord determines that Substantial Completion of the ImprovementsPremises will not occur by the Outside Date, Landlord shall have the right to deliver a written notice to Tenant stating Landlord's opinion as to the date by which Substantial Completion of the Premises shall occur and Tenant shall be required, within five (5) business days after receipt of such notice, to either deliver the Termination Notice (which will mean that this Lease shall thereupon terminate and shall be of no further force and effect) or agree to extend the Outside Date to that date which is set by Landlord. Failure of Tenant to so respond in writing within said five (5) business day period shall be deemed to constitute Tenant's agreement to extend the Outside Date to that date which is set by Landlord. If the Outside Date is so extended, Landlord's right to request Tenant to elect to either terminate or further extend the Outside Date shall remain and shall continue to remain, with each of the notice periods and response periods set forth above, until the Substantial Completion of the Premises or until this Lease is terminated. For purposes of this Section 6.5, "Force Majeure Delays" shall mean and refer to a period of delay or delays encountered by Landlord affecting the work of construction of the Tenant Improvements 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, similarly improved, in first-class office buildings in the Calabasas, California area; fire, earthquake or other acts of God; acts of the public enemy; riot; insurrection; governmental regulations of the sales of materials or supplies or the transportation thereof; strikes or boycotts; shortages of material or labor or any other cause beyond the reasonable control of Landlord. EXHIBIT "D" ----------- SCHEDULE 1 ---------- TIME DEADLINES -------------- Dates Actions to be Performed ----- -----------------------

Outside Date. In the event that the Substantial Completion of the Tenant Improvements in the Expansion Space Premises has not occurred by the "OUTSIDE DATE“Outside Date," ” which shall be March 15September 30, 20012010, as such March 15September 30, 2001 2010 date may shall be extended by the number of days of Tenant Delays and by the number of days of "“Force Majeure Delays" ” (as defined in Section 11.7 of this Tenant Work Letter below), then the sole remedy of Tenant each day shall be a “Landlord Delay,” and Tenant may elect to either (i) ▇▇▇▇▇ rent payable under the right to Lease by two (2) days for every day of Landlord Delay, or (ii) deliver a notice to Landlord (the "OUTSIDE DATE TERMINATION NOTICE"“Outside Date Termination Notice”) electing to terminate Tenant's lease of the Expansion Space only (but not the Existing Premises) Lease effective upon receipt of the Outside Date Termination Notice by Landlord (the "EFFECTIVE DATE"“Effective Date”). Except as provided hereinbelow, the Outside Date Termination Notice must be delivered by Tenant to Landlord, if at all, not earlier than the Outside Date and not later than five (5) business days after the Outside Date. If Tenant delivers the Outside Date Termination Notice to Landlord, then Landlord shall have the right to suspend the Effective Date for a period ending thirty (30) days after the original Effective Date. In order to suspend the Effective Date, Landlord must deliver to Tenant, within five (5) business days after receipt of the Outside Date Termination Notice, a certificate of the Contractor certifying that it is such Contractor's ’s best good faith judgment that Substantial Completion of the Tenant Improvements in the Expansion Space Premises will occur within thirty (30) days after the original Effective Date. If Substantial Completion of the Tenant Improvements in the Expansion Space Premises occurs within said thirty (30) day suspension period, then the Outside Date Termination Notice shall be of no further force and effect; if, however, Substantial Completion of the Tenant Improvements in the Expansion Space Premises does not occur within said thirty (30) day suspension period, then Tenant's lease of the Expansion Space only (but not the Existing Premises) this Lease shall terminate as of the date of expiration of such thirty (30) day period. If prior to the Outside Date Landlord determines that Substantial Completion of the ImprovementsTenant Improvements in the Premises will not occur by the Outside Date, Landlord shall have the right to deliver a written notice to Tenant stating Landlord’s opinion as to the date by which Substantial Completion of the Tenant Improvements in the Premises shall occur and Tenant shall be required, within five (5) business days after receipt of such notice, to either deliver the Outside Date Termination Notice (which will mean that this Lease shall thereupon terminate and shall be of no further force and effect) or agree to extend the Outside Date to that date which is set by Landlord subject to Tenant’s Rent abatement rights set forth above. Failure of Tenant to so respond in writing within said five (5) business day period shall be deemed to constitute Tenant’s agreement to extend the Outside Date to that date which is set by Landlord subject to Tenant’s Rent abatement rights set forth above. If the Outside Date is so extended, ▇▇▇▇▇▇▇▇’s right to request Tenant to elect to either terminate or further extend the Outside Date shall remain and shall continue to remain, with each of the notice periods and response periods set forth above, until the Substantial Completion of the Tenant Improvements in the Premises or until this Lease is terminated.

Outside Date. In the event that the Substantial Completion of the Improvements in the Expansion Space Premises has not occurred by the "OUTSIDE DATEOutside Date," which shall be March January 15, 20012006, as such March January 15, 2001 2006 date may be extended by the number of days of Tenant Delays and by the number of days of "Force Majeure Delays" (as defined below), then the sole remedy of Tenant shall be the right to deliver a notice to Landlord (the "OUTSIDE DATE TERMINATION NOTICEOutside Date Termination Notice") electing to terminate Tenant's lease of the Expansion Space only (but not the Existing Premises) this Lease effective upon receipt of the Outside Date Termination Notice by Landlord (the "EFFECTIVE DATEEffective Date"). Except as provided hereinbelow, the Outside Date Termination Notice must be delivered by Tenant to Landlord, if at all, not earlier than the Outside Date and not later than five (5) business days after the Outside Date. If Tenant delivers the Outside Date Termination Notice to Landlord, then Landlord shall have the right to suspend the Effective Date for a period ending thirty (30) days after the original Effective Date. In order to suspend the Effective Date, Landlord must deliver to Tenant, within five (5) business days after receipt of the Outside Date Termination Notice, a certificate of the Contractor certifying that it is such Contractor's best good faith judgment that Substantial Completion of the Improvements in the Expansion Space Premises will occur within thirty (30) days after the original Effective Date. If Substantial Completion of the Improvements in the Expansion Space Premises occurs within said thirty (30) day suspension period, then the Outside Date Termination Notice shall be of no further force and effect; if, however, Substantial Completion of the Improvements in the Expansion Space Premises does not occur within said thirty (30) day suspension period, then Tenant's lease of the Expansion Space only (but not the Existing Premises) this Lease shall terminate as of the date of expiration of such thirty (30) day period. If prior to the Outside Date Landlord determines that Substantial Completion of the ImprovementsImprovements in the Premises will not occur by the Outside Date, Landlord shall have the right to deliver a written notice to Tenant stating Landlord's opinion as to the date by which Substantial Completion of the Improvements in the Premises shall occur and Tenant shall be required, within five (5) business days after receipt of such notice, to either deliver the Outside Date Termination Notice (which will mean that this Lease shall thereupon terminate and shall be of no further force and effect) or agree to extend the Outside Date to that date which is set by Landlord. Failure of Tenant to so respond in writing within said five (5) business day period shall be deemed to constitute Tenant's agreement to extend the Outside Date to that date which is set by Landlord. If the Outside Date is so extended, Landlord's

Outside Date. In Notwithstanding anything herein to the event that contrary, if the Substantial Completion of the Improvements in the Expansion Space has not occurred by the "OUTSIDE DATE," which shall be March 15, 2001, as such March 15, 2001 date may be extended by the number of days of Tenant Delays and by the number of days of "Force Majeure Delays" Outside Date (as defined below) occurs prior to the Restatement Effective Date and the availability of the New Revolving Credit Commitments pursuant to Section 2 hereunder, the New Revolving Credit Commitments hereunder shall automatically terminate. “Outside Date” shall mean the earlier of (i) 11:59 p.m. (New York time) on June 30, 2012 (the “Initial Outside Date”) or, if the conditions set forth in the following sentence have been satisfied, 11:59 p.m. (New York time) on December 31, 2012 (the “Extended Outside Date”) and (ii) the date of termination of all New Revolving Credit Commitments hereunder prior to the Restatement Effective Date by delivery of an irrevocable written notice by the Borrower to each of the New Loan Lenders of the termination of all such New Revolving Credit Commitments (whereupon such New Revolving Credit Commitments shall be terminated). The Borrower may extend the Initial Outside Date to the Extended Outside Date so long as (x) the “Walk-Away Date” (as defined in the Acquisition Agreement) has been extended to the “Extended Walk-Away Date” (as defined in the Acquisition Agreement) pursuant to Section 7.1(b)(i) of the Acquisition Agreement (as in effect on the Amendment No. 2 Effective Date (with such changes as are not materially adverse to any material interest of the Lenders)), then (y) the sole remedy of Tenant Borrower shall be have delivered to the right to deliver Successor Administrative Agent a notice to Landlord (the "OUTSIDE DATE TERMINATION NOTICE") electing to terminate Tenant's lease copy of the Expansion Space only (but not the Existing Premiseswritten extension notice required under such Section 7.1(b)(i) effective upon receipt of the Outside Date Termination Notice by Landlord (Acquisition Agreement promptly upon delivery of the "EFFECTIVE DATE"). Except as provided hereinbelow, same under the Outside Date Termination Notice must be delivered by Tenant Acquisition Agreement and in any case on or prior to Landlord, if at all, not earlier than the Initial Outside Date and not later than five (5z) business days after the Borrower shall pay to the Global Coordinator an extension fee for the ratable benefit and account of the New Loan Lenders in an amount equal to 0.25% of the New Revolving Credit Commitments of the New Loan Lenders on or prior to the earlier to occur of (i) the Restatement Effective Date and (ii) the Outside Date. If Tenant delivers the Outside Date Termination Notice to Landlord, then Landlord shall have the right to suspend the Effective Date for a period ending thirty (30) days after the original Effective Date. In order to suspend the Effective Date, Landlord must deliver to Tenant, within five (5) business days after receipt of the Outside Date Termination Notice, a certificate of the Contractor certifying that it is such Contractor's best good faith judgment that Substantial Completion of the Improvements in the Expansion Space will occur within thirty (30) days after the original Effective Date. If Substantial Completion of the Improvements in the Expansion Space occurs within said thirty (30) day suspension period, then the Outside Date Termination Notice shall be of no further force and effect; if, however, Substantial Completion of the Improvements in the Expansion Space does not occur within said thirty (30) day suspension period, then Tenant's lease of the Expansion Space only (but not the Existing Premises) shall terminate as of the date of expiration of such thirty (30) day period. If prior to the Outside Date Landlord determines that Substantial Completion of the Improvements.