EFFECT.
THE "EFFECTIVE DATE" SHALL BE DEEMED TO BE THE DATE ON
WHICH THE NEXUS CENTRE DRIVE LEASE CONDITION IS SATISFIED.
1
2.
AMENDMENTS TO LEASE.
A.
LANDLORD HEREBY CONSENTS TO TENANT'S CONTINUING IN POSSESSION OF THE
DEMISED PREMISES FOLLOWING EXPIRATION OF THE TERM OF THE LEASE ON DECEMBER 31,
2006 IN ACCORDANCE WITH SECTION 12.1 OF THE LEASE.
NOTWITHSTANDING THE
FOREGOING OR ANYTHING IN THE LEASE TO THE CONTRARY:
(I) TENANT SHALL NOT BE
LIABLE FOR BASIC ANNUAL RENT OR TENANT'S PRO RATA SHARE OF OPERATING EXPENSES
DURING THE PERIOD COMMENCING UPON JANUARY 1, 2007 AND ENDING UPON FEBRUARY 28,
2007 (THE "RESTORATION PERIOD") AND (II) FOLLOWING THE EXPIRATION OF THE
RESTORATION PERIOD, BASIC ANNUAL RENT AND TENANT PRO RATA SHARE OF OPERATING
EXPENSES SHALL ONCE AGAIN BE PAYABLE EXCEPT THAT BASIC ANNUAL RENT SHALL BE AT A
MONTHLY RENTAL RATE EQUAL TO THE MONTHLY RENTAL RATE PAYABLE UNDER THE LEASE FOR
THE MONTH OF DECEMBER 2006 (AND NOT SUBJECT TO FURTHER INCREASE AS OTHERWISE
PROVIDED FOR IN SECTION 12.1 OF THE LEASE).
THE EXPIRATION OF THE RESTORATION
PERIOD SHALL BE EXTENDED ON A DAY FOR DAY BASIS TO THE EXTENT OF THE OCCURRENCE
OF ANY "FORCE MAJEURE DELAYS" OR "LANDLORD DELAYS" (AS THOSE TERMS ARE DEFINED
IN THE NEXUS CENTRE DRIVE LEASE) UNDER THE NEXUS CENTRE DRIVE LEASE.
IN
ADDITION TO THE AFOREMENTIONED EXTENSION OF THE RESTORATION PERIOD, IF TENANT
TERMINATES THE NEXUS CENTRE DRIVE LEASE AFTER JANUARY 1, 2008 PURSUANT TO
SECTION 2(E) THEREOF, THE RESTORATION PERIOD SHALL EXPIRE AS OF THE DATE WHICH
IS SIX (6) MONTHS FOLLOWING THE EFFECTIVE DATE OF THE TERMINATION OF THE NEXUS
CENTRE DRIVE LEASE.
B.
DURING THE RESTORATION PERIOD, TENANT SHALL CAUSE THE DEMISED PREMISES TO
BE RESTORED TO THE CONDITION REQUIRED UNDER THE LEASE AS MODIFIED BY THIS
AMENDMENT.
IN ADDITION TO TENANT'S SURRENDER OBLIGATIONS RELATING TO THE
CONDITION OF THE DEMISED PREMISES UNDER THE LEASE AND ANY OBLIGATIONS OF TENANT
WHICH EXPRESSLY SURVIVE THE TERMINATION OF THE LEASE, TENANT'S SURRENDER
OBLIGATIONS SHALL INCLUDE:
(I) TENANT'S PERFORMANCE OF ITS SURRENDER
OBLIGATIONS RELATING TO THE REMOVAL OF ANY HAZARDOUS MATERIALS INTRODUCED INTO
THE DEMISED PREMISES BY TENANT OR UNDER TENANT'S AUSPICES, AS SET FORTH IN THE
SURRENDER PLAN ATTACHED HERETO AS EXHIBIT A, (II) THE CAPPING OF ANY BUILDING
SYSTEMS AFFECTED BY TENANT'S REMOVAL OF ANY PERSONAL PROPERTY OR EQUIPMENT AND
(III) TENANT'S VACATING THE DEMISED PREMISES WITH ALL OF TENANT'S PERSONAL
PROPERTY REMOVED, AND IN A BROOM-CLEAN CONDITION, BUT OTHERWISE IN ITS "AS-IS"
CONDITION AT THE TIME OF THE EFFECTIVE DATE, SUBJECT TO NORMAL WEAR AND TEAR
(COLLECTIVELY, THE "RESTORATION OBLIGATIONS").
NOTWITHSTANDING THE FOREGOING OR
THE LEASE, TENANT SHALL NOT BE OBLIGATED TO (AND THE RESTORATION OBLIGATIONS
SHALL NOT INCLUDE ANY REQUIREMENT TO):
(A) PAINT OR PATCH THE WALLS OF THE
DEMISED PREMISES, (B) REPLACE ANY WORN OR SPOTTED CARPETING OR OTHER FLOORING
MATERIALS, (C) REPLACE ANY DISCOLORED CEILING TILES, (D) REMOVE ANY EXISTING
IMPROVEMENTS OR ALTERATIONS MADE BY TENANT TO THE DEMISED PREMISES, (E) REPAIR
ANY DEFECTIVE