OTHER PROHIBITION OF UNITED STATES LAW, REGULATION, OR EXECUTIVE
ORDER OF THE PRESIDENT OF THE UNITED STATES, (B) NONE OF THE FUNDS OF TENANT
HAVE BEEN DERIVED FROM ANY UNLAWFUL ACTIVITY WITH THE RESULT THAT THE INVESTMENT
IN TENANT IS PROHIBITED BY LAW OR THAT THIS LEASE IS IN VIOLATION OF LAW, AND
(E) TENANT HAS IMPLEMENTED PROCEDURES, AND WILL CONSISTENTLY APPLY THOSE
PROCEDURES, TO ENSURE THAT THE FOREGOING REPRESENTATIONS AND WARRANTIES REMAIN
TRUE AND CORRECT AT ALL TIMES.
THE TERM "EMBARGOED PERSON" MEANS ANY PERSON,
ENTITY OR GOVERNMENT SUBJECT TO TRADE RESTRICTIONS UNDER U.S. LAW, INCLUDING BUT
NOT LIMITED TO, THE INTERNATIONAL EMERGENCY ECONOMIC POWERS ACT, 50 U.S.C. §1701
ET SEQ., THE TRADING WITH THE ENEMY ACT, 50 U.S.C. APP. 1 ET SEQ., AND ANY
EXECUTIVE ORDERS OR REGULATIONS PROMULGATED THEREUNDER WITH THE RESULT THAT THE
INVESTMENT IN TENANT IS PROHIBITED BY LAW OR TENANT IS IN VIOLATION OF LAW.
(B)
TENANT COVENANTS AND AGREES (A) TO COMPLY
WITH ALL LEGAL REQUIREMENTS RELATING TO MONEY LAUNDERING, ANTI-TERRORISM, TRADE
EMBARGOS AND ECONOMIC SANCTIONS, NOW OR HEREAFTER IN EFFECT, (B) TO IMMEDIATELY
NOTIFY LANDLORD IN WRITING IF ANY OF THE REPRESENTATIONS, WARRANTIES OR
COVENANTS SET FORTH IN THIS PARAGRAPH OR THE PRECEDING PARAGRAPH ARE NO LONGER
TRUE OR HAVE BEEN BREACHED OR IF TENANT HAS A REASONABLE BASIS TO BELIEVE THAT
THEY NO MAY NO LONGER BE TRUE OR HAVE BEEN BREACHED, (C) NOT TO USE FUNDS FROM
ANY "PROHIBITED PERSON" (AS SUCH TERM IS DEFINED IN THE SEPTEMBER 24, 2001
EXECUTIVE ORDER BLOCKING PROPERTY AND PROHIBITING TRANSACTIONS WITH PERSONS WHO
COMMIT, THREATEN TO COMMIT, OR SUPPORT TERRORISM) TO MAKE ANY PAYMENT DUE TO
LANDLORD UNDER THIS LEASE AND (D) AT THE REQUEST OF LANDLORD, TO PROVIDE SUCH
INFORMATION AS MAY BE REQUESTED BY LANDLORD TO DETERMINE TENANT'S COMPLIANCE
WITH THE TERMS HEREOF.
(C)
TENANT HEREBY ACKNOWLEDGES AND AGREES THAT
TENANT'S INCLUSION ON THE LIST AT ANY TIME DURING THE TERM SHALL BE A MATERIAL
DEFAULT OF THIS LEASE.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, TENANT
SHALL NOT PERMIT THE PREMISES OR ANY PORTION THEREOF TO BE USED OR OCCUPIED BY
ANY PERSON OR ENTITY ON THE LIST OR BY ANY EMBARGOED PERSON (ON A PERMANENT,
TEMPORARY OR TRANSIENT BASIS), AND ANY SUCH USE OR OCCUPANCY OF THE DEMISED
PREMISES BY ANY SUCH PERSON OR ENTITY SHALL BE A MATERIAL DEFAULT OF THIS LEASE.
In connection with this Lease or any proposed assignment of this Lease or
sublease, Tenant shall provide to Landlord the names of the persons holding an
ownership interest in Tenant or any proposed assignee or sublessee, as
applicable, for purposes of compliance with Presidential Executive Order 13224
(issued September 24, 2001), as amended.
ARTICLE 42
2nd FLOOR EXPANSION OPTION
42.01
WITHIN 120 DAYS AFTER THE DATE OF THIS LEASE (THE "2ND
FLOOR NOTICE DATE"), AND PROVIDED THAT (I) THIS LEASE SHALL BE IN FULL FORCE AND
EFFECT AND (II) THERE SHALL NOT THEN BE EXISTING A MONETARY OR MATERIAL,
NON-MONETARY DEFAULT UNDER THIS LEASE, TENANT SHALL HAVE