("FORCE MAJEURE"), INCLUDING WITHOUT LIMITATION, AS SET FORTH IN
SECTION 3.04, PROVIDED THAT THE FOREGOING SHALL NOT APPLY TO EXTEND THE TIME
PERIODS IN SECTION 8.03 OR SECTION 17 OR IN CONNECTION WITH ANY OCCURRENCE THAT
WOULD OTHERWISE BE CONSIDERED A LANDLORD DELAY.
36.04
LANDLORD SHALL HAVE THE RIGHT TO TRANSFER AND ASSIGN, IN WHOLE OR IN PART, ALL
OF ITS RIGHTS AND OBLIGATIONS UNDER THIS LEASE AND IN THE BUILDING AND
PROPERTY.
UPON TRANSFER, LANDLORD SHALL BE RELEASED FROM ANY FURTHER
OBLIGATIONS HEREUNDER AND TENANT AGREES TO LOOK SOLELY TO THE SUCCESSOR IN
INTEREST OF LANDLORD FOR THE PERFORMANCE OF SUCH OBLIGATIONS, PROVIDED THAT ANY
SUCCESSOR PURSUANT TO A VOLUNTARY, THIRD PARTY TRANSFER (BUT NOT AS PART OF AN
INVOLUNTARY TRANSFER RESULTING FROM A FORECLOSURE OR DEED IN LIEU THEREOF) SHALL
HAVE ASSUMED LANDLORD'S OBLIGATIONS UNDER THIS LEASE.
36.05
LANDLORD HAS DELIVERED A COPY OF THIS LEASE TO TENANT FOR TENANT'S REVIEW ONLY
AND THE DELIVERY OF IT DOES NOT CONSTITUTE AN OFFER TO TENANT OR AN OPTION.
LANDLORD AND TENANT EACH REPRESENT TO THE OTHER THAT IT HAS DEALT DIRECTLY WITH
AND ONLY WITH THE BROKER (DESCRIBED IN SECTION 1.10) AS A BROKER, AGENT OR
FINDER IN CONNECTION WITH THIS LEASE.
TENANT SHALL INDEMNIFY AND HOLD LANDLORD
AND THE LANDLORD RELATED PARTIES HARMLESS FROM ALL CLAIMS OF ANY OTHER BROKERS,
AGENTS OR FINDERS CLAIMING TO HAVE REPRESENTED TENANT IN CONNECTION WITH THIS
LEASE. LANDLORD SHALL INDEMNIFY AND HOLD TENANT AND THE TENANT RELATED PARTIES
HARMLESS FROM ALL CLAIMS OF ANY BROKERS, AGENTS OR FINDERS CLAIMING TO HAVE
REPRESENTED LANDLORD IN CONNECTION WITH THIS LEASE.
EQUITY OFFICE PROPERTIES
MANAGEMENT CORP., OR SUCH OTHER ENTITY AFFILIATED WITH EQUITY OFFICE PROPERTIES
MANAGEMENT CORP. THAT IS INVOLVED IN THE NEGOTIATION OF THIS LEASE (EACH
REFERRED TO AS "EOPMC"), REPRESENTS ONLY THE LANDLORD IN THIS TRANSACTION.
ANY
ASSISTANCE RENDERED BY ANY AGENT OR EMPLOYEE OF EOPMC IN CONNECTION WITH THIS
LEASE OR ANY SUBSEQUENT AMENDMENT OR MODIFICATION OR ANY OTHER DOCUMENT RELATED
HERETO HAS BEEN OR WILL BE MADE AS AN ACCOMMODATION TO TENANT SOLELY IN
FURTHERANCE OF CONSUMMATING THE TRANSACTION ON BEHALF OF LANDLORD, AND NOT AS
AGENT FOR TENANT. LANDLORD SHALL BE RESPONSIBLE FOR ANY COMMISSION DUE TO THE
BROKER BUT ONLY IF AND WHEN (A) THIS LEASE IS FULLY EXECUTED AND (B) SUCH AMOUNT
IS OTHERWISE DUE UNDER ANY WRITTEN AGREEMENT BETWEEN LANDLORD AND THE BROKER.
36.06
TIME
IS OF THE ESSENCE WITH RESPECT TO TENANT'S EXERCISE OF ANY EXPANSION, RENEWAL OR
EXTENSION RIGHTS GRANTED TO TENANT. THE EXPIRATION OF THE TERM, WHETHER BY LAPSE
OF TIME, TERMINATION OR OTHERWISE, SHALL NOT RELIEVE EITHER PARTY OF ANY
OBLIGATIONS WHICH ACCRUED PRIOR TO OR WHICH MAY CONTINUE TO ACCRUE AFTER THE
EXPIRATION OR TERMINATION OF THIS LEASE.
36.07
TENANT
MAY PEACEFULLY HAVE, HOLD AND ENJOY THE PREMISES, SUBJECT TO THE TERMS OF THIS
LEASE, PROVIDED TENANT PAYS THE RENT AND FULLY PERFORMS ALL OF ITS COVENANTS AND
AGREEMENTS.
THIS COVENANT SHALL BE BINDING UPON LANDLORD AND ITS SUCCESSORS
ONLY DURING ITS