ANY, ISSUED IN CONNECTION WITH ANY OF THE LANDLORD WORK ITEMS.
5.2.
DELAY IN COMMENCEMENT.
LANDLORD SHALL NOT BE LIABLE TO TENANT IF
LANDLORD DOES NOT DELIVER POSSESSION OF THE PREMISES TO TENANT ON THE
COMMENCEMENT DATE.
THE OBLIGATIONS OF TENANT UNDER THE LEASE SHALL NOT BE
AFFECTED THEREBY, EXCEPT THAT THE COMMENCEMENT DATE SHALL BE DELAYED UNTIL
LANDLORD DELIVERS POSSESSION OF THE PREMISES TO TENANT, AND THE LEASE TERM SHALL
BE EXTENDED BY A PERIOD EQUAL TO THE NUMBER OF DAYS OF DELAY IN DELIVERY OF
POSSESSION OF THE PREMISES TO TENANT, PLUS THE NUMBER OF DAYS NECESSARY TO END
THE LEASE TERM ON THE LAST DAY OF A MONTH.
5.3.
CONFIRMATION OF COMMENCEMENT DATE.
UPON LANDLORD'S DELIVERY OF
POSSESSION, AND AS A CONDITION PRECEDENT TO SUCH DELIVERY, OF THE PREMISES TO
TENANT, TENANT SHALL DELIVER TO LANDLORD A CONFIRMATION OF COMMENCEMENT DATE IN
SUBSTANTIALLY THE FORM ATTACHED HERETO AS EXHIBIT E.
5.4.
ACCESS.
5.4.1.
EARLY ACCESS.
LANDLORD SHALL ALLOW TENANT ACCESS TO THE PREMISES
COMMENCING ON JULY 1, 2006, FOR THE PURPOSE OF INSTALLING FIXTURES IN THE
PREMISES, PROVIDED TENANT SHALL PROVIDE LANDLORD WITH AT LEAST THREE (3)
BUSINESS DAYS' PRIOR WRITTEN NOTICE OF THE DATE ON WHICH TENANT DESIRES TO HAVE
ACCESS TO THE PREMISES (THE "ACCESS DATE").
ANY ACCESS PRIOR TO THE
COMMENCEMENT DATE SHALL BE SUBJECT TO ALL OF THE TERMS AND CONDITIONS OF THIS
LEASE, EXCEPT THAT TENANT SHALL NOT BE REQUIRED TO PAY BASE RENT OR ADDITIONAL
RENT UNTIL THE COMMENCEMENT DATE.
AMONG OTHER THINGS, PRIOR TO THE ACCESS DATE,
TENANT SHALL DELIVER TO LANDLORD EVIDENCE REASONABLY ACCEPTABLE TO LANDLORD THAT
TENANT IS IN COMPLIANCE WITH THE INSURANCE REQUIREMENTS OF THIS LEASE.
TENANT
SHALL ACT IN GOOD FAITH TO MINIMIZE INTERFERENCE WITH THE WORK BEING PERFORMED
BY LANDLORD AT THE PREMISES.
4
5.4.2.
TEMPORARY USE.
SUBJECT TO THE TERMS AND CONDITIONS HEREOF, LANDLORD
HEREBY GRANTS TO TENANT A LICENSE TO THE EXISTING OFFICE SPACE IN THE EAST END
OF THE BUILDING (THE "EXISTING OFFICE").
SUCH USE SHALL BE SUBJECT TO ALL OF
THE TERMS AND CONDITIONS OF THE LEASE, EXCEPT THAT TENANT SHALL NOT BE REQUIRED
TO PAY ANY BASE RENT OR ADDITIONAL RENT FOR THE EXISTING OFFICE.
THE LICENSE
GRANTED IN THIS SECTION 5.4.2 SHALL COMMENCE ON THE COMMENCEMENT DATE AND SHALL
EXPIRE UPON THE COMPLETION OF THE CONSTRUCTION BY LANDLORD OF THE TI WORK (AS
DEFINED IN EXHIBIT B ATTACHED HERETO).
LANDLORD SHALL REIMBURSE TENANT FOR ALL
REASONABLE, OUT-OF-POCKET EXPENSES ACTUALLY INCURRED BY TENANT IN CONNECTION
WITH MOVING ITS BUSINESS OPERATIONS FROM THE EXISTING OFFICE TO THE NEW OFFICE
(AS DEFINED IN EXHIBIT B ATTACHED HERETO).
6.
SUBORDINATION; NOTICES TO SUPERIOR LESSORS AND MORTGAGEES;
ATTORNMENT.
6.1.
SUBORDINATION.
PROVIDED THAT TENANT IS PROVIDED WITH A
SUBORDINATION, NONDISTURBANCE AND ATTORNMENT AGREEMENT DULY EXECUTED BY THE
HOLDER OF ANY MORTGAGE OR DEED OF TRUST OR THE LANDLORD PURSUANT TO ANY GROUND
LEASE, THIS LEASE SHALL BE SUBJECT AND SUBORDINATE AT ALL TIMES TO (A) ALL
GROUND LEASES OR UNDERLYING LEASES THAT MAY NOW