Acknowledgment of Commencement. Within five (5) business days after request by Landlord, Tenant shall execute and deliver to Landlord a written acknowledgment of the Delivery Date and Commencement Date in the form attached hereto as Exhibit C, and by this reference it shall be incorporated herein. Landlord may elect to require Tenant to execute a separate acknowledgement for the Delivery Date and for the Commencement Date. The failure or delay by Landlord to request such acknowledgement or the failure or delay by Tenant to execute and deliver such acknowledgment shall not delay the Delivery Date or the Commencement Date. The failure of Tenant to execute and deliver such acknowledgement to Landlord with said five (5) business day period shall mean that the information in the acknowledgement provided by Landlord to Tenant shall be deemed correct and binding on Tenant.

Acknowledgment of Commencement Date. Upon tender of possession of the Premises to Tenant and as often thereafter as may be requested by Landlord, Tenant will, within ten (10) days after receipt of a request from Landlord, execute, acknowledge and deliver to Landlord a statement in the form of Exhibit E which will # set forth the actual Commencement Date and Expiration Date of the Term, and # contain acknowledgments that Tenant has accepted the Premises and that the Premises and Building are satisfactory in all respects.

After the Commencement Date occurs, Landlord shall submit to Tenant and Tenant shall execute and deliver to Landlord within twenty (20) days of Tenant’s receipt thereof from Landlord, a declaration (in the form attached hereto as [Exhibit K]) (the “Commencement Date Letter”) to confirm the occurrence of the Commencement Date. Tenant shall have ten (10) Business Days to give written notice to Landlord objecting to the Commencement Date Letter, failing which Tenant shall be deemed to have agreed such Commencement Date Letter is correct. If, however, Tenant objects to such Commencement Date Letter within such ten (10) Business Day period, Landlord and Tenant shall work together to resolve their differences, failing which such matter shall be submitted to arbitration pursuant to [Section 35]. After such differences have been resolved, Landlord and Tenant shall execute and deliver the original Commencement Date Letter or, to the extent necessary, a corrected version thereof.

The “Commencement Date” shall be the earlier of: # the date Landlord Delivers the Premises to Tenant; and (li) the date Landlord could have Delivered the Premises but for Tenant Delays. The “Rent Commencement Date” shall be the date that is 60 days after the Commencement Date. Upon written request of Landlord, Tenant shall execute and deliver a written acknowledgment of the Commencement Date, the Rent Commencement Date and the expiration date of the Term when such are established in the form of the “Acknowledgement of Commencement Date” attached to this Lease as Exhibit D; provided, however. Tenant's failure to execute and deliver such acknowledgment shall not affect Landlord's rights hereunder. The “Term” of this Lease shall be the Base Term, as defined above on the first page, of this Lease and the Extension Term which Tenant may elect pursuant to Section 40 hereof.

The “Commencement Date” shall be the earlier of: # the date Landlord Delivers the Premises to Tenant with Landlord’s Work Substantially Completed; and # the date Landlord could have Delivered the Premises but for Tenant Delays. Upon request of Landlord, Tenant shall execute and deliver a written acknowledgment of the Commencement Date and the expiration date of the Term when such are established in the form of the “Acknowledgement of Commencement Date” attached to this Lease as Exhibit D; provided, however, Tenant’s failure to execute and deliver such acknowledgment shall not affect Landlord’s rights hereunder. The “Term” of this Lease shall be the Base Term, as defined above on the first page of this Lease.

Acknowledgment of Commencement Date. Landlord and Tenant shall execute a written acknowledgment of the commencement Date in the form attached hereto as Exhibit “D”.

The “Term Commencement Date” shall be the date Landlord tenders possession of the Premises to Tenant. Tenant shall execute and deliver to Landlord written acknowledgment of the actual Term Commencement Date within ten (10) days after Tenant takes occupancy of the Premises, in the form attached as Exhibit C hereto. Failure to execute and deliver such acknowledgment, however, shall not affect the Term Commencement Date or Landlord’s or Tenant’s liability hereunder. Failure by Tenant to obtain any governmental licensing or similar governmental approval of the Premises required for the Permitted Use by Tenant shall not serve to extend the Term Commencement Date. Tenant agrees that in the event Landlord does not tender possession of the Premises to Tenant on or before the Estimated Term Commencement Date for any reason, then # this Lease shall not be void or voidable and # Landlord shall not be liable to Tenant for any loss or damage resulting therefrom. Notwithstanding the foregoing, but subject to any Force Majeure (as hereinafter defined) or any action or omission of Tenant that delays the delivery of the Premises to Tenant, if Landlord has not tendered possession of the Premises to Tenant by the day that is sixty (60) days after the Estimated Term Commencement Date, the per diem Base Rent shall abate by one (1) day for each day after such 60th day that Landlord has not delivered the Premises to Tenant. If possession of Landlord’s delivery of the Premises to Tenant is delayed by any action or omission of Tenant, then the Term Commencement Date shall be the date that the Term Commencement Date would have occurred but for such delay.

in the event there is a delay as the result of both [subsections (a) and (b)])] in the prior sentence, such daily delays shall run concurrently and not consecutively. Upon request of Landlord, Tenant shall execute and deliver a written acknowledgment of the Commencement Date, the Rent Commencement Date and the expiration date of the Term when such are established in the form of the “Acknowledgement of Commencement Date” attached to this Lease as Exhibit D; provided, however, Tenant’s failure to execute and deliver such acknowledgment shall not affect Landlord’s rights hereunder. The “Term” of this Lease shall be the Base Term, as defined above on the first page of this Lease and the Extension Term which Tenant may elect pursuant to Section 39 hereof.

The “Commencement Date” shall be the earliest of: # the date Landlord Delivers the Premises to Tenant; # the date Landlord could have Delivered the Premises but for Tenant Delays, as further provided in the Work Letter; and # the date Tenant conducts any business in the Premises or any part thereof (as distinguished from the installation of furniture, fixtures, or equipment, commissioning, and the like). Upon request of either party, Tenant and Landlord shall execute and deliver a written acknowledgment of the Commencement Date and the expiration date of the Term when such are established in the form of the “Acknowledgement of Commencement Date” attached to this Lease as Exhibit D; provided, however, the failure to execute and deliver such acknowledgment shall not affect the parties’ respective rights hereunder. The “Term” of this Lease shall be the Base Term, as defined above on the first page of this Lease, and the Extension Term that Tenant may elect pursuant to Section 40 hereof.

Upon request of Landlord, Tenant shall execute and deliver a written acknowledgment of the Seventh Expansion Premises Commencement Date and the expiration date of the Lease in a form substantially similar to the form of the “Acknowledgement of Commencement Date” attached to the Lease as [Exhibit G]; provided, however, Tenant’s failure to execute and deliver such acknowledgment shall not affect Landlord’s rights hereunder.