1.6 or § 1.3 above, beginning
on March 1, 2004, Tenant's Monthly Installment of Base Rent with respect to
Suite 400 only shall be abated for a period of eighteen (18) months (the
"Abatement Period").
The parties agree that the Abatement Period shall
terminate on
September 1, 2005.
If Tenant shall materially default under the
Lease and fail to cure within the time permitted for cure thereunder, while the
Abatement Period is still in effect, the Abatement Period shall thereupon
terminate, and Tenant shall commence paying the Base Rent under the Lease as
specified in the Table.
6
BASE YEAR AND ADDITIONAL RENT.
AS SPECIFIED IN THE TABLE BELOW, THE BASE
YEAR FOR THE PURPOSES OF ARTICLE 4 OF THE LEASE FROM AND AFTER THE EFFECTIVE
DATE SHALL BE CALENDAR YEAR 2004 WITH RESPECT TO SUITE 401.
7
CONDITION OF PREMISES.
TENANT SHALL ACCEPT SUITE 401, ANY EXISTING
IMPROVEMENTS IN SUITE 401, AND THE SYSTEMS AND EQUIPMENT SERVING THE SAME IN AN
"AS IS" CONDITION ON THE EFFECTIVE DATE, AND LANDLORD SHALL HAVE NO OBLIGATION
TO IMPROVE, ALTER, REMODEL, OR OTHERWISE MODIFY THE SUITE 401 IN CONNECTION WITH
TENANT'S OCCUPANCY OF THE PREMISES FROM AND AFTER THE EFFECTIVE DATE.
7.1
LANDLORD'S WORK; IMPROVEMENT ALLOWANCE.
NOTWITHSTANDING ANYTHING TO THE
CONTRARY IN ¶ 4 ABOVE, LANDLORD AGREES TO PROVIDE AN IMPROVEMENT ALLOWANCE IN
THE AMOUNT OF FOUR THOUSAND NINE HUNDRED FIFTEEN DOLLARS ($4,915.00) TOWARD THE
COST OF ANY WORK OR IMPROVEMENTS THAT TENANT MAY ELECT TO INSTALL IN SUITE 401,
SUBJECT TO ARTICLE 9 OF THE LEASE, AFTER THE EFFECTIVE DATE HEREOF.
IF TENANT
ELECTS TO IMPLEMENT ANY SUCH CHANGES IN SUITE 401, LANDLORD SHALL USE REASONABLE
DILIGENCE IN COMPLETING THE APPROVED WORK IN SUITE 401 FOR TENANT.
THE
FACILITIES, MATERIALS, AND WORK TO BE FURNISHED, INSTALLED, AND PERFORMED IN
SUITE 401 BY LANDLORD ARE REFERRED TO AS THE "WORK."
ANY OTHER INSTALLATIONS,
MATERIALS, AND WORK WHICH MAY BE UNDERTAKEN BY OR FOR THE ACCOUNT OF TENANT TO
PREPARE, EQUIP, DECORATE, AND FURNISH SUITE 401 ARE REFERRED TO AS THE "TENANT'S
WORK."
IF REQUIRED BY LANDLORD, TENANT AGREES TO ENTER INTO AN APPROPRIATE WORK
LETTER AGREEMENT TO REFLECT THE PARTIES' AGREEMENT WITH RESPECT TO ANY SUCH
CHANGES IN SUITE 401 AND THE EXPENDITURE OF THE IMPROVEMENT ALLOWANCE GRANTED
UNDER THIS ¶ 7.1.
7.1.1
OCCUPANCY DURING WORK.
THE PARTIES ACKNOWLEDGE THAT TENANT SHALL BE
IN POSSESSION OF THE PREMISES AND SHALL CONDUCT ITS BUSINESS IN THE PREMISES
DURING THE WORK CONTEMPLATED UNDER ¶ 7.1 ABOVE.
LANDLORD SHALL HAVE NO
LIABILITY TO TENANT, NOR SHALL TENANT'S OBLIGATIONS UNDER THE LEASE BE REDUCED
OR ABATED IN ANY MANNER WHATSOEVER, BY REASON OF ANY INCONVENIENCE, ANNOYANCE,
INTERRUPTION, OR INJURY TO BUSINESS ARISING FROM LANDLORD'S PERFORMANCE OF THE
WORK OR FROM LANDLORD'S MAKING ANY REPAIRS OR CHANGES WHICH LANDLORD IS REQUIRED
OR PERMITTED TO PERFORM BY THE LEASE.
LANDLORD SHALL NEVERTHELESS USE
REASONABLE EFFORTS TO MINIMIZE ANY INTERFERENCE WITH TENANT'S BUSINESS IN THE
PREMISES.
LANDLORD AGREES TO USE REASONABLE EFFORTS TO AVOID INTERFERENCE WITH
TENANT'S USE AND