Spaces.
2.
TERM.
(a)
The Term of this Lease shall commence on
the Commencement Date, unless construction is delayed as provided in Paragraph
9(b).
(b)
within thirty (30) days after the
Commencement Date, Landlord and Tenant shall execute a letter agreement
specifying the Commencement Date.
Failure to execute such letter agreement
shall in no way cause this Lease not to remain in full force and effect.
(C)
TENANT SHALL SURRENDER AND DELIVER UP THE
PREMISES AT THE END OF THE TERM OF THIS LEASE IN GOOD ORDER AND CONDITION AS OF
THE DATE OF EXECUTION HEREOF, REASONABLE USE AND NATURAL WEAR AND TEAR
EXCEPTED.
IF TENANT FAILS TO SURRENDER THE PREMISES TO LANDLORD ON THE DATE AS
REQUIRED HEREIN, TENANT SHALL HOLD LANDLORD HARMLESS FROM ALL DAMAGES, DIRECT
AND INDIRECT, RESULTING FROM TENANT'S FAILURE TO SURRENDER THE PREMISES AS
HEREIN PROVIDED, INCLUDING BUT NOT LIMITED TO CLAIMS MADE BY A SUCCEEDING TENANT
RESULTING FROM LANDLORD'S INABILITY TO DELIVER THE PREMISES, OR ANY PART
THEREOF, DUE TO TENANT'S FAILURE TO SURRENDER THE PREMISES.
SHOULD THE TENANT,
WITHOUT THE EXPRESS WRITTEN CONSENT OF THE LANDLORD, CONTINUE TO HOLD AND OCCUPY
THE PREMISES AFTER THE EXPIRATION OF THE TERM OF THIS LEASE, SUCH HOLDING OVER
SHALL BE CONSIDERED A TENANCY AT SUFFERANCE, AND NOT FOR ANY OTHER TERM
WHATSOEVER, WHICH MAY BE TERMINATED BY THE LANDLORD AT THE WILL OF THE LANDLORD
BY GIVING TENANT WRITTEN NOTICE THEREOF, AND AT ANY TIME THEREAFTER THE LANDLORD
MAY RE-ENTER AND TAKE POSSESSION OF THE PREMISES, BY FORCE OR OTHERWISE.
RENT
DURING ANY SUCH HOLDING OVER SHALL BE CHARGED AND PAID BY TENANT AT THE RATE OF
150% OF THE MONTHLY RENT RESERVED HEREIN AS THE MONTHLY RENTAL DUE FOR THAT
MONTH IMMEDIATELY PRECEDING THE HOLDING OVER.
(D)
DEFINITION OF LEASE YEAR: A "LEASE YEAR," AS
HEREIN REFERRED TO, SHALL CONSIST OF THAT FULL TWELVE (12) MONTH PERIOD
COMMENCING ON THE FIRST DAY OF THE FIRST FULL MONTH DURING WHICH THIS LEASE IS
IN FULL FORCE AND EFFECT AND OF EACH FULL TWELVE (12) MONTH PERIOD THEREAFTER.
IF THE COMMENCEMENT DATE OF THIS LEASE, AS PROVIDED AFORESAID, IS A DAY NOT THE
FIRST DAY OF THE MONTH, THE FIRST LEASE YEAR SHALL CONSIST OF THE REMAINDER OF
THAT FIRST MONTH AND THE FIRST FULL TWELVE (12) MONTHS THEREAFTER.
3.
RENT.
(A)
DURING THE TERM OF THIS LEASE, TENANT SHALL
PAY LANDLORD THE ANNUAL MINIMUM RENT IN EQUAL MONTHLY INSTALLMENTS.
TO THE
EXTENT THAT THE ACTUAL RENTABLE FLOOR
1
AREA OF THE PREMISES IS DIFFERENT FROM THE AREA SHOWN ON THE SUMMARY, AS
CERTIFIED BY LANDLORD'S ARCHITECT, THE ANNUAL MINIMUM RENT SHALL BE ADJUSTED
ACCORDINGLY.
(B)
ALL RENT SHALL BE PAYABLE IN ADVANCE,
WITHOUT DEMAND, ON THE FIRST DAY OF EACH CALENDAR MONTH DURING THE TERM OF THIS
LEASE, EXCEPT THE FIRST MONTHLY INSTALLMENT SHALL BE PAID UPON THE SIGNING OF
THIS LEASE.
THE FIRST AND LAST MONTHLY PAYMENTS SHALL BE PRORATED ON A PER DIEM
BASIS FOR ANY PERIOD LESS THAN A FULL CALENDAR MONTH.