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

The “Expansion Premises Commencement“Commencement Date” shall be the earlier of: # the date Landlord Delivers the Expansion Premises to Tenant.Tenant; and # the date Landlord could have Delivered the Premises but for Tenant Delays. Upon the request of Landlord,either Landlord or Tenant, Landlord and Tenant shall execute and deliver a written acknowledgment of the Expansion Premises Commencement DateDate, and the expiration date of the LeaseTerm when such are established in substantially the form of the “Acknowledgement of Commencement Date” attached to thethis Lease as Exhibit D; provided, however, Tenant’sthe failure by either party to execute and deliver such acknowledgment shall not affect Landlord’either party’s rights hereunder. The “Term” of this Lease shall be the Base Term, as defined above on the first page of this Lease and, if elected by Tenant, the Extension Term which Tenant may elect pursuant to Section 39 hereof.

The “Expansion“Commencement Date” shall be the date that Landlord Delivers the Premises to Tenant in vacant, broom clean condition. The “Rent Commencement Date” shall be the date Landlord Deliversthat is 2 months after the Expansion Premises to Tenant.Commencement Date. Upon the request of Landlord, Tenant shall execute and deliver a written acknowledgment of the Expansion PremisesCommencement Date, the Rent Commencement Date and the expiration date of the LeaseTerm when such are established in substantially the form of the “Acknowledgement of Commencement Date” attached to thethis 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 any Extension Terms which Tenant may elect pursuant to Section 39 hereof.

The “Expansion“Additional Premises Commencement Date” shall bemean the date on which Landlord Deliversshall deliver the ExpansionAdditional Premises to Tenant.Tenant in its then as-is condition. Landlord shall have no obligation to make or pay for any improvements or renovations in or on the Additional Premises to prepare the Additional Premises for Tenant’s occupancy. Upon either party’s request after the request of Landlord, Tenant shall execute and deliver a written acknowledgment of the ExpansionAdditional Premises Commencement Date and the expiration date ofSurrender Date (as such term is defined in Paragraph 5, below), the Leaseparties shall execute a letter confirming the Additional Premises Commencement Date and the Surrender Date substantially in substantially the form of the “Acknowledgement of Commencement Date” attached to the Leasehereto as Exhibit D; provided, however, Tenant’s failure to execute and deliver such acknowledgment shall not affect Landlord’s rights hereunder.B. The anticipated Additional Premises Commencement Date is March 14, 2005.