HEREIN, ALL RENT SHALL BE DUE AND
PAYABLE WITHOUT PRIOR NOTICE, DEMAND, DEDUCTION OR OFFSET.
5.
INTEREST ON OVERDUE PAYMENTS.
IN THE EVENT THAT SUBLESSEE SHALL
FAIL TO PAY ANY INSTALLMENT OF FIXED RENT OR ADDITIONAL RENT OR ANY OTHER SUM
DUE HEREUNDER OR PURSUANT TO THE PRIME LEASE, SUBLESSEE SHALL PAY SUBLESSOR THE
ADMINISTRATION FEE EQUAL TO $500 PURSUANT TO SECTION 4.01 OF THE PRIME LEASE,
PROVIDED THAT SUBLESSEE SHALL BE ENTITLED TO A GRACE PERIOD OF FIVE (5) BUSINESS
DAYS FOR THE FIRST TWO (2) LATE PAYMENTS OF RENT IN A CALENDAR YEAR WITHOUT
PAYMENT OF THE ADMINISTRATIVE FEE.
IN ADDITION, PAST DUE RENT SHALL ACCRUE
INTEREST AT 12% PER
ANNUM, PROVIDED THAT SUBLESSEE SHALL BE ENTITLED TO A GRACE PERIOD OF FIVE
(5) BUSINESS DAYS FOR THE FIRST TWO (2) LATE PAYMENTS OF RENT IN A CALENDAR
YEAR, DURING WHICH TWO (2) GRACE PERIODS NO INTEREST SHALL ACCRUE. THE PARTIES
AGREE THAT THE PAYMENT OF SUCH INTEREST REPRESENTS THE LIABILITY THAT SUBLESSOR
WILL INCUR TO PRIME LESSOR BY REASON OF THE LATE PAYMENT BY SUBLESSEE, AND IS
THEREFORE NOT A PENALTY.
6.
USE.
SUBLESSEE SHALL USE AND OCCUPY THE SUBLET PREMISES FOR THE
USES PERMITTED UNDER THE PRIME LEASE.
7.
ACCESS TO SUBLET PREMISES.
DURING THE PERIOD OF TIME FROM THE
DATE HEREOF UNTIL THE DELIVERY DATE, SUBLESSEE SHALL BE GRANTED ACCESS TO THE
SUBLET PREMISES ONE DAY A WEEK DURING A FOUR-HOUR TIME PERIOD (WHICH DAY OF THE
WEEK AND TIME PERIOD SHALL BE MUTUALLY AGREED UPON BY SUBLESSOR AND SUBLESSEE)
SUBJECT TO AT LEAST 48 HOUR ADVANCE NOTICE TO SUBLESSOR TO GATHER INFORMATION
FOR INITIAL PLANNING AND DESIGN TO THE SUBLET PREMISES.
NOTWITHSTANDING THE
FOREGOING, THE SUBLET PREMISES SHALL NOT BE DEEMED DELIVERED TO SUBLESSEE, AND
SUBLESSEE SHALL NOT BE DEEMED IN POSSESSION OF THE SUBLET PREMISES UNTIL THE
DELIVERY DATE.
IN THE EVENT PRIME LESSOR HAS CONSENTED TO THIS SUBLEASE ON OR
BEFORE THE DELIVERY DATE, SUBLESSEE SHALL HAVE THE RIGHT TO OCCUPY THE SUBLET
PREMISES FROM AND AFTER THE DELIVERY DATE FOR CONSTRUCTION OF SUBLESSEE'S
IMPROVEMENTS AND/OR INSTILLATION OF FURNITURE EQUIPMENT AND FURNISHINGS IN THE
SUBLET PREMISES.
THE OBLIGATION TO PAY FIXED RENT SHALL BE ABATED FOR ANY SUCH
PERIOD OF EARLY OCCUPANCY BUT ALL OTHER TERMS OF THIS SUBLEASE (INCLUDING, BUT
NOT LIMITED TO, SUBLESSEE'S OBLIGATION TO CARRY THE INSURANCE REQUIRED BY
SECTION 10) SHALL BE IN EFFECT DURING SUCH PERIOD, AND PRIOR TO SUBLESSEE'S
EARLY OCCUPANCY OF THE SUBLET PREMISES, SUBLESSEE SHALL HAVE PREVIOUSLY PROVIDED
PRIME LESSOR AND SUBLESSOR WITH PROOF OF SUBLESSEE'S INSURANCE AS SET FORTH IN
SECTION 10 OF THIS SUBLEASE.
ANY SUCH EARLY POSSESSION SHALL NOT AFFECT NOR
ADVANCE THE SUBLEASE EXPIRATION DATE OF THE SUBLEASE TERM.
ANY AND ALL
MATERIALS, WORK, INSTALLATIONS, EQUIPMENT AND DECORATIONS OF ANY NATURE BROUGHT
UPON THE BUILDING OR INSTALLED BY SUBLESSEE IN THE SUBLET PREMISES PRIOR TO THE
RENT COMMENCEMENT DATE SHALL BE AT SUBLESSEE'S SOLE RISK.
NEITHER SUBLESSOR NOR
ANY PARTY ACTING ON SUBLESSOR'S BEHALF ON OR ABOUT THE BUILDING