Delivery. Landlord shall use reasonable efforts to deliver the Second Expansion Premises to Tenant on or before July 1, 2020. If Landlord fails to deliver the Second Expansion Premises to Tenant on or before July 1, 2020, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and the Lease with respect to the Second Expansion Premises shall not be void or voidable except as provided herein. If Landlord does not deliver the Second Expansion Premises to Tenant by September 1, 2020, for any reason other than Force Majeure delays, this Fourth Amendment may be terminated by Tenant by written notice to Landlord, and if so terminated by Tenant, this Fourth Amendment shall be null and void and neither Landlord nor Tenant shall have any further rights, duties or obligations under this Fourth Amendment, except with respect to provisions which expressly survive termination of this Fourth Amendment. If Tenant does not elect to void this Fourth Amendment on or before September 10, 2020, such right to void this Fourth Amendment shall be waived and this Fourth Amendment shall remain in full force and effect. Landlord and Tenant acknowledge and agree that, notwithstanding anything to the contrary contained in this Fourth Amendment or in the Lease, the failure of Existing Tenant to surrender the Second Expansion Premises shall in no event constitute a Force Majeure delay.
#Third Expansion Premises. Landlord shall use reasonable efforts to deliver the Third Expansion Premises to Tenant on August 29, 2020. If Landlord fails to deliver the Third Expansion Premises to Tenant on August 29, 2020, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and the Lease with respect to the Third Expansion Premises shall not be void or voidable except as provided herein. If Landlord does not deliver the Third Expansion Premises to Tenant by September 15, 2020, for any reason other than Force Majeure delays, Tenant shall have the right to terminate the Lease with respect to the Third Expansion Premises only by written notice to Landlord, and if so terminated by Tenant, the terms of this Fourth Amendment relating to the Third Expansion Premises only shall be null and void and neither Landlord nor Tenant shall have any further rights, duties or obligations under this Fourth Amendment with respect to the Third Expansion Premises, except with respect to provisions which expressly survive termination of this Fourth Amendment. If Tenant does not elect to void the Lease with respect to the Third Expansion Premises on or before October 12, 2020, such right to void the Lease with respect to the Third Expansion Premises shall be waived and this Fourth Amendment shall remain in full force and effect. Landlord and Tenant acknowledge and agree that, notwithstanding anything to the contrary contained in this Fourth Amendment or in the Lease, the
Delivery. Landlord shall use reasonable efforts to deliver the Second Expansion Premises (“Deliver” or “Delivery”) to Tenant on or before April 1, 2020 (the “Second Expansion Target Commencement Date”). If Landlord fails to timely Deliver the Second Expansion Premises, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and the Lease and this Second Amendment shall not be void or voidable.
Landlord shall use reasonable efforts to deliver the Second Expansion Space to Tenant on or before the Target Second Expansion Space Commencement Date unencumbered by other leases and unoccupied by any other tenants (“Delivery” or “Deliver”). If Landlord fails to Deliver the Second Expansion Space to Tenant on or before the Target Second Expansion Space Commencement Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and the Lease with respect to the Second Expansion Space shall not be void or voidable except as provided herein. If Landlord does not Deliver the Second Expansion Space within 60 days of the Target Second Expansion Space Commencement Date (as defined below) for any reason other than force majeure delays, this Third Amendment may be terminated by Tenant by written notice to Landlord, and if so terminated by Tenant: # the additional Security Deposit, or any balance thereof (i.e., after deducting therefrom all amounts to which Landlord is entitled under the provisions of the Lease), shall be returned to Tenant, and # this Third
Modification of Premises. The "Delivery Date" is the date Landlord delivers the Fourth Expansion Premises to Tenant (and no action by Tenant shall be required for such date to occur), which Delivery Date is anticipated to be April 1, 2022. If for any reason, Landlord is delayed in tendering possession of the Fourth Expansion Premises to Tenant by any particular date, Landlord shall not be subject to any liability for such failure, and the validity of this Fourth Amendment or the Lease shall not be impaired. Effective as of the date which is two (2) weeks following the Delivery Date (the "Fourth Expansion Commencement Date") Tenant shall lease from Landlord and Landlord shall lease to Tenant the Fourth Expansion Premises. Consequently, effective upon the Fourth Expansion Commencement Date, the Existing Premises shall be increased to include the Fourth Expansion Premises. The addition of the Fourth Expansion Premises to the Existing Premises shall, effective as of the Fourth Expansion Commencement Date, increase the size of the Premises to approximately 42,145 rentable square feet. The Existing Premises and the Fourth Expansion Premises may hereinafter collectively be referred to as the "Premises".
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