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 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.
8
4.3
RENT ADJUSTMENT.
COMMENCING ON JANUARY 1, 2002 AND EVERY JANUARY 1
THEREAFTER UP TO AND INCLUDING THE BASE RENT RESET DATE (EXCEPT WITH RESPECT TO
THE TOP FLOORS IN WHICH CASE UP TO THE TOP FLOORS BASE RENT RESET DATE) THE BASE
RENT SHALL BE ADJUSTED AS STATED IN ARTICLE 1, AND FROM THE BASE RENT RESET DATE
(EXCEPT WITH RESPECT TO THE TOP FLOORS IN WHICH CASE FROM THE TOP FLOORS BASE
RENT RESET DATE) AND EVERY DECEMBER 1 THEREAFTER THROUGH THE TERM THE BASE RENT
SHALL BE INCREASED AS STATED IN ARTICLE 1.
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 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, SO LONG AS TENANT LEASES 100% OF THE BUILDING,
(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) OF TENANT'S SHARE OF THE ANNUAL AMOUNT
THEREOF.
ALL ADDITIONAL RENT WHICH IS PAYABLE TO LANDLORD SHALL BE PAID AT THE
TIME AND PLACE THAT BASE RENT IS PAID.
FOR THE AVOIDANCE OF DOUBT, LANDLORD
WILL DRAW UPON THE LETTER OF CREDIT EACH MONTH ON THE SAME DAY THAT BASE RENT IS
DRAWN IN AN AMOUNT EQUAL TO THE ADDITIONAL RENT THEN DUE, PROVIDED THAT IF
LANDLORD DELIVERS THE NOTICE DESCRIBED IN SECTION 4.2, TENANT SHALL PAY THE
ADDITIONAL RENT TO LANDLORD IN THE SAME MANNER AS BASE RENT.
LANDLORD WILL