leases from Landlord, the
Demised Premises and Storage Space, subject to the covenants, agreements, terms,
conditions, limitations, exceptions and reservations of this Lease.
2.2
TERM.
(A)
THE TERM SHALL MEAN THE PERIOD SET FORTH IN
ARTICLE 1 AND SHALL COMMENCE ON THE EARLIER TO OCCUR OF (THE "COMMENCEMENT
DATE"): (I) THE LATER TO OCCUR OF (A) APRIL 1, 2005, AND (B) THE DATE THAT THE
DEMISED PREMISES ARE AVAILABLE FOR OCCUPANCY, AS DETERMINED UNDER SECTION 5.1,
OR (II) THE DATE ON WHICH TENANT OR ANYONE CLAIMING BY, UNDER OR THROUGH TENANT
SHALL FIRST OCCUPY ANY PORTION OF THE DEMISED PREMISES FOR ANY PURPOSE OTHER
THAN TO PREPARE THE DEMISED PREMISES FOR THE CONDUCT OF TENANT'S BUSINESS; AND
SHALL END, UNLESS SOONER TERMINATED AS HEREIN PROVIDED OR PURSUANT TO LAW, AT
THE CLOSE OF BUSINESS ON THE SCHEDULED EXPIRATION DATE.
(B)
IF FOR ANY REASON OTHER THAN A TENANT DELAY
(DEFINED BELOW IN SECTION 5.1), THE DEMISED PREMISES ARE NOT SUBSTANTIALLY
COMPLETED AND PERMITTED UNDER APPLICABLE LAW AS BEING AVAILABLE FOR OCCUPANCY
("TURN OVER CONDITION") MARCH 31, 2005 (SUCH DATE BEING REFERRED TO AS THE
"FINISH DATE"), LANDLORD SHALL PAY TO TENANT THE DAILY FEE (DEFINED BELOW) FOR
EACH DAY AFTER THE FINISH DATE THE DEMISED PREMISES ARE NOT IN TURN OVER
CONDITION, BUT THE AGGREGATE OF SUCH AMOUNT SHALL NOT EXCEED SEVEN THOUSAND
DOLLARS ($7,000.00) ("CAP").
BY TENANT'S EXECUTION OF THIS LEASE, TENANT HEREBY
EXPRESSLY APPROVES THE PERMIT SET OF DRAWINGS REFERRED TO IN EXHIBIT E AND SUCH
DRAWINGS ARE DEFINED AS THE "PERMIT SET OF DRAWINGS").
THE DAILY FEE SHALL BE
THE PER DIEM AMOUNT PAYABLE BY TENANT AT ITS EXISTING EXECUTIVE SUITE SPACE
LOCATED AT 7760 FRANCE AVENUE SOUTH, MINNEAPOLIS, MINNESOTA ("EXISTING LEASE"),
BUT IN NO EVENT MORE THAN THE CAP.
LANDLORD SHALL NOT BE LIABLE FOR ANY OTHER
CLAIMS, DAMAGES OR LIABILITIES IN CONNECTION WITH SUCH FAILURE, NOR SHALL THE
SAME MAKE THIS LEASE VOID OR VOIDABLE.
IN ANY EVENT, IN THE EVENT OF SUCH DELAY
IN DELIVERY OF THE DEMISED PREMISES TO TENANT, TENANT AGREES TO USE ITS GOOD
FAITH REASONABLE EFFORTS TO MITIGATE DAMAGES UNDER ITS EXISTING LEASE SO AS TO
MITIGATE LANDLORD'S OBLIGATIONS AS SET FORTH HEREIN.
(C)
THE EXPIRATION DATE (THE "EXPIRATION DATE")
OF THE TERM SHALL BE THE SCHEDULED EXPIRATION DATE SET FORTH IN THE SCHEDULE,
UNLESS, HOWEVER, THE COMMENCEMENT DATE OCCURS AFTER THE SCHEDULED COMMENCEMENT
DATE SET FORTH IN THE SCHEDULE, IN WHICH EVENT THE EXPIRATION DATE SHALL BE
EXTENDED TO A DATE WHICH SHALL ALLOW THE TERM OF THIS LEASE TO BE THE COMPLETE
TERM SET FORTH IN THE SCHEDULE; PROVIDED, HOWEVER, THAT IF SUCH EXTENDED
EXPIRATION DATE WOULD OCCUR ON A DAY OTHER THAN THE LAST DAY OF A CALENDAR
MONTH, THEN THE EXPIRATION DATE SHALL BE THE LAST DAY OF SUCH CALENDAR MONTH.
6
(D)
FOLLOWING THE COMMENCEMENT DATE, THE PARTIES
SHALL, AT EITHER PARTY'S REQUEST, EXECUTE A SUPPLEMENTAL AGREEMENT TO BECOME A
PART HEREOF SETTING FORTH THE COMMENCEMENT DATE AND EXPIRATION DATE OF THE TERM,
AS