TENANT, AT TENANT'S
SOLE COST AND EXPENSE, AND LANDLORD SHALL BE INDEMNIFIED AND SAVED HARMLESS BY
TENANT FROM AND AGAINST THE SAME.
8
4.2
BASE RENT.
(A) COMMENCING UPON THE BASE RENT
COMMENCEMENT DATE IN RESPECT OF ALL PORTIONS OF THE PREMISES EXCEPT THE TOP
FLOORS, AND COMMENCING UPON THE TOP FLOOR PAYMENT COMMENCEMENT DATE IN RESPECT
OF THE TOP FLOORS, AND THEREAFTER DURING THE TERM, BASE RENT WILL BE PAYABLE IN
MONTHLY INSTALLMENTS IN ADVANCE ON OR BEFORE THE FIRST DAY OF EACH MONTH AT THE
RATE OF ONE-TWELFTH (1/12) OF THE ANNUAL BASE RENT SPECIFIED IN ARTICLE 1.
LANDLORD WILL, ON OR AFTER THE FIRST DAY OF EACH CALENDAR MONTH OR THE
IMMEDIATELY PRECEDING BUSINESS DAY IF THE FIRST DAY OF A MONTH IS NOT A BUSINESS
DAY, DRAW UPON THE LETTER OF CREDIT EACH MONTH FOR PAYMENT OF MONTHLY BASE RENT
THEN DUE.
IF LANDLORD NOTIFIES TENANT THAT LANDLORD DOES NOT INTEND OR IS
UNABLE TO DRAW ON THE LETTER OF CREDIT, TENANT SHALL PAY THE BASE RENT DUE TO
LANDLORD BY WIRE TRANSFER OF IMMEDIATELY AVAILABLE FUNDS, TO LANDLORD'S ACCOUNT
SPECIFIED IN WRITING TO TENANT, WITHOUT ANY PRIOR NOTICE OR DEMAND AND WITHOUT
ANY DEDUCTIONS OR SETOFF WHATSOEVER, OTHER THAN AS EXPRESSLY PROVIDED HEREIN.
IF THE COMMENCEMENT DATE OR THE TOP FLOOR PAYMENT COMMENCEMENT DATE OCCURS ON A
DAY OTHER THAN THE FIRST DAY OF A CALENDAR MONTH, OR THE TERMINATION DATE OCCURS
ON A DAY OTHER THAN THE LAST DAY OF A CALENDAR MONTH, THEN THE BASE RENT FOR
SUCH FRACTIONAL MONTH WILL BE PRORATED ON THE BASIS OF THE ACTUAL NUMBER OF DAYS
IN SUCH MONTH.
THE RENTABLE AREA OF THE PREMISES AND THE BUILDING SHALL BE
CONCLUSIVELY PRESUMED TO BE AS STATED IN ARTICLE 1, AND SHALL NOT BE SUBJECT TO
ADJUSTMENT BY EITHER LANDLORD OR TENANT DURING THE TERM, OTHER THAN AS DESCRIBED
HEREIN.
(B)
COMMENCING ON DECEMBER 1, 2004 AND EVERY
DECEMBER 1 THEREAFTER (EACH, AN "ADJUSTMENT DATE"), THE BASE RENT SHALL BE
INCREASED AS STATED IN ARTICLE 1.
4.3
TENANT FUTURE PAYMENTS.
TENANT SHALL PAY TO
LANDLORD THE 2004 PAYMENT ON THE 2004 PAYMENT DATE, AND THE 2005 PAYMENT ON THE
2005 PAYMENT DATE.
4.4
ADDITIONAL RENT.
ALL SUMS DUE FROM TENANT TO
LANDLORD (OTHER THAN THE BASE RENT) OR TO ANY THIRD PARTY UNDER THE TERMS OF
THIS LEASE SHALL BE ADDITIONAL RENT ("ADDITIONAL RENT"), INCLUDING, WITHOUT
LIMITATION, THE 2004 PAYMENT AND THE 2005 PAYMENT, THE CHARGES FOR OPERATING
EXPENSES (DESCRIBED IN ARTICLE 5) AND ALL SUMS INCURRED BY LANDLORD DUE TO
TENANT'S FAILURE TO PERFORM ITS OBLIGATIONS UNDER THIS LEASE. IN ACCORDANCE WITH
SECTION 5.1, (A) TENANT SHALL PAY DIRECTLY TO THE PERSON ENTITLED THERETO ALL
OPERATING EXPENSES IDENTIFIED IN CLAUSES (III), (VII) AND (VIII) OF
SECTION 5.1(B), AND (B) LANDLORD SHALL PAY DIRECTLY OPERATING EXPENSES
IDENTIFIED IN SECTION 5.1(B) (OTHER THAN IN CLAUSES (III), (VII) AND (VIII)),
FOR WHICH TENANT SHALL REIMBURSE LANDLORD AS ADDITIONAL RENT PAYABLE IN MONTHLY
INSTALLMENTS IN ADVANCE EQUAL TO ONE-TWELFTH (1/12)