In consideration of the obligation of Tenant to pay rent as herein provided and in consideration of the other terms, covenants, and conditions hereof, Landlord leases to Tenant, and Tenant leases from Landlord, the Premises, to have and to hold for the Lease Term, subject to the terms, covenants and conditions of this Lease. The term of this Lease (the "Lease Term") shall commence on the Commencement Date specified in or established above, and except as otherwise provided herein, shall continue in full force and effect through the number of months provided in the Basic Lease Provisions; provided, however, that if the Commencement Date is a date other than the first day of a calendar month, the Lease Term shall consist of the remainder of the calendar month including and following the Commencement Date, plus said number of full calendar months. Tenant agrees to accept possession of the Premises at such time as Landlord is able to tender the same. After the Commencement Date, Tenant shall, upon demand, execute and deliver a letter of acceptance of delivery of the Premises specifying the Commencement Date and the expiration of the Lease Term. Subject to compliance with Legal Requirements, Tenant shall have the right to access the Premises twenty-four (24) hours per day, seven (7) days per week throughout the Lease Term.

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.

Acceptance. Within 10 days after the Commencement Date, Tenant shall, upon demand, execute and deliver to Landlord a letter of acceptance of delivery of the Premises and confirmation of the Commencement Date. If Tenant occupies any portion of the Premises prior to Substantial Completion, the terms of this Lease shall apply to such occupancy or use of the Premises by Tenant. Except for incomplete punch list items referred to above, Tenant upon the Commencement Date shall have and hold the Premises as the same shall then be without any liability or obligation on the part of Landlord under this Lease for making any further alterations improvements of any kind in or about the Premises during the Lease Term, or any extension or renewal thereof.

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.

Subject to the conditions herein stated, Tenant shall hold the Premises for the Term, commencing on the Term Commencement Date and ending on the Term Expiration Date, provided that if the Rent Commencement Date shall be a day other than the first day of a calendar month, then the Term of this Lease shall be deemed extended by the number of days between the Rent Commencement Date and the first day of the first calendar month thereafter, so that the term of this Lease shall expire seven (7) years after such first day of the first calendar month following the Rent Commencement Date and, in such a case, Tenant shall pay pro rata rent in advance for the period from the Rent Commencement Date to the first day of such following calendar month at the annual Fixed Rent rate set forth in the Reference Data for the first year of the Term of this Lease. The term “Term Commencement Date” shall mean the third business day following the date on which the Total Work, as hereinafter defined, has been substantially completed. “Substantially complete” means that the Total Work has been completed except for items of work (and, if applicable, adjustment of equipment and fixtures), which can be completed after occupancy has been taken without causing material interference with Tenant’s intended use of the Premises (“Punch List” Items). Tenant may occupy the Premises at any time after, but not before, the Term Commencement Date. The Premises shall be conclusively deemed “substantially complete” on the earlier of # that date so certified in writing by an architect (at Landlord’s expense) or # Tenant’s taking possession of and occupying the Premises for the conduct of its business. Notwithstanding anything to the contrary herein, Landlord’s failure to deliver the Premises to Tenant on the Estimated Possession Date due to: # the failure of any prior occupant to vacate the Premises; or # Landlord’s failure to complete Total Work; or # Landlord’s failure to obtain any necessary Certificate of Occupancy for the Premises, then Landlord shall not be subject to any liability to Tenant nor shall the validity of this Lease be impaired. The Term Commencement Date, the Rent Commencement Date and the Term, shall be extended until Landlord is able to deliver possession of the Premises to Tenant. In the event that Total Work is not completed within thirty (30) days after the Estimated Possession Date, regardless of the reason for the delay, other than delays caused by Tenant, then for each day of delayed delivery between day thirty (30) and day sixty (60) after the Estimated Possession Date, Tenant shall receive one-half of one additional day of Rent abatement and for each day of delayed delivery beyond the sixty-first (61) day after the Estimated Possession Date that the Total Work is not completed Tenant shall receive one additional day of Rent abatement. In the event that any such additional rent abatement is applicable to Tenant due to a delay in delivery of the Premises, then the Rent Commencement Date shall be adjusted accordingly. In the event that the Premises have not been delivered to Tenant with the Total Work substantially complete within ninety (90) days after the Estimated Possession Date, unless such delay is caused by Tenant, then, until the Total Work is substantially complete Tenant may terminate the Lease upon written notice to Landlord, provided, however, that in the event that the Total Work is substantially completed within thirty (30) days after Landlord’s receipt of any such termination notice and Landlord provides Tenant with written notice of such fact within such thirty (30) day period, then such termination notice by Tenant shall be void and of no further force and effect. In the event that this Lease is terminated pursuant to the provisions of this Section 3, the security deposit shall be refunded by Landlord to Tenant within forty-five (45) days after such termination.

The “Commencement Date” shall be the date that Landlord delivers the Premises to Tenant vacant, in broom clean condition with Landlord’s Work in Building Shell Substantially Complete condition. The “Rent Commencement Date” shall be the date that is 12 months after the Commencement Date. 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 Terms which Tenant may elect pursuant to Section 39 hereof.

To have and to hold for a period (the “Term”) commencing on the Commencement Date (as defined in Section # of Article I above) and, unless sooner terminated or extended as provided herein, ending at the end of the Term; provided that if the Term (calculated as aforesaid) would expire prior to the last day of a calendar month, the Term shall be extended so as to expire on the last day of such calendar month. Promptly after the Rent Commencement Date, Landlord and Tenant shall execute a Commencement Date Agreement setting forth the commencement, rent commencement and expiration dates and the Term of this Lease.

The “Commencement Date” shall be the date Landlord Delivers the Premises to Tenant. The “Rent Commencement Date” shall be the date that is 3 months after the Commencement Date. The period commencing on the Commencement Date through the day immediately preceding the Rent Commencement Date may be referred to herein as the “Abatement Period.” 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.

Term; Possession. The Term of this Lease shall commence on the Commencement Date and shall end on the Expiration Date, unless sooner terminated in accordance with this Lease. If Landlord is delayed in delivering possession of all or any portion of the Premises to Tenant as of the Commencement Date, Tenant will take possession on the date Landlord delivers possession, which date will then become the Commencement Date (and the Expiration Date will be extended so that the length of the Term remains unaffected by such delay). Landlord shall not be liable for any loss or damage to Tenant resulting from any delay in delivering possession due to the holdover of any existing tenant or other circumstances outside of Landlord's reasonable control.

The terms and provisions of this Lease shall be effective as of the date of this Lease except for the provisions of this Lease relating to the payment of Rent. The term of this Lease (the "Lease Term") shall be as set forth in Section 7.1 of the Summary and shall commence on the date (the "Lease Commencement Date") set forth in Section 7.2 of the Summary (subject, however, to the terms of the Tenant Work Letter), and shall terminate on the date (the "Lease Expiration Date") set forth in Section 7.3 of the Summary, unless this Lease is sooner terminated as hereinafter provided. Tenant's early entry/occupancy rights are set forth in [Section 5.1 of Exhibit B]. For purposes of this Lease, the term "Lease Year" shall mean each consecutive twelve (12) month period during the Lease Term, provided that the last Lease Year shall end on the Lease Expiration Date. If Landlord does not deliver possession of the Premises to Tenant Ready for Occupancy on or before the anticipated Lease Commencement Date (as set forth in [Section 7.2(ii)] of the Summary), Landlord shall not be subject to any liability nor shall the validity of this Lease nor the obligations of Tenant hereunder be affected but, subject to Tenant Delays, no Rent shall be due hereunder until Landlord’s delivers possession of the Premises to Tenant Ready for Occupancy. If the Lease Commencement Date is a date which is other than the anticipated Lease Commencement Date set forth in [Section 7.2(ii)] of the Summary, then, following the Lease Commencement Date, Landlord shall deliver to Tenant an amendment to lease in the form attached hereto as Exhibit C, attached hereto, setting forth, among other things, the Lease Commencement Date and the Lease Expiration Date, and Tenant shall execute and return (or provide factual corrections to) such amendment to Landlord within five (5) business days after Tenant's receipt thereof. If Tenant fails to execute and return (or provide factual corrections to) the amendment within such 5-business day period, Tenant shall be deemed to have approved and confirmed the dates set forth therein, provided that such deemed approval shall not relieve Tenant of its obligation to execute and return the amendment (and such failure shall constitute a default by Tenant hereunder). Landlord’s failure to deliver such amendment to Tenant will not modify the actual Lease Commencement Date.

Lease Term. The terms and provisions of this Lease shall be effective as of the Execution Date. The term of this Lease (the "Lease Term") shall be as set forth in Section 3.1 of the Summary, shall commence on the date set forth in Section 3.2 of the Summary (the "Rent Commencement Date"), and shall terminate on the date set forth in Section 3.3 of the Summary (the "Lease Expiration Date") unless this Lease is sooner terminated as hereinafter provided. For purposes of this Lease, the term "Lease Year" shall mean each consecutive twelve (12) month period during the Lease Term. At any time during the Lease Term, Landlord may deliver to Tenant a notice in the form as set forth in Exhibit C, attached hereto, as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within ten (10) business days of receipt thereof. Tenant shall have the right to occupy the Premises (or certain portions of the Premises) to conduct its business prior to the Rent Commencement Date, provided that # Tenant shall give Landlord at least three (3) business days' prior notice of