BASIC LEASE INFORMATION. FOR PURPOSES OF LANDLORD'S DETERMINATION OF THE
RENTABLE AREA AND USABLE AREA, THE LOAD FACTOR (THE FLOOR R/U RATIO) IS SIX AND
FOUR-TENTHS PERCENT (6.4%). THE BUILDING, THE LAND, AND ALL IMPROVEMENTS THEREON
(COLLECTIVELY, THE "PROPERTY") ARE PART OF THE PROJECT IDENTIFIED IN THE BASIC
LEASE INFORMATION (THE "PROJECT").
2.
TERM; POSSESSION.
2.1
TERM. THE TERM OF THIS LEASE (THE "TERM") SHALL COMMENCE ON THE
COMMENCEMENT DATE AS DESCRIBED BELOW AND, UNLESS SOONER TERMINATED, SHALL EXPIRE
ON THE EXPIRATION DATE SET FORTH IN THE BASIC LEASE INFORMATION (THE "EXPIRATION
DATE"). SUBJECT TO THE TIMELY SATISFACTION OF THE CONTINGENCIES SET FORTH IN
SECTIONS 39 AND 40 BELOW, LANDLORD WILL DELIVER THE PREMISES TO TENANT ON OR
BEFORE APRIL 1, 2006 SO THAT TENANT MAY CAUSE THE TENANT IMPROVEMENTS TO BE
CONSTRUCTED THEREIN AS SOON AS IS REASONABLY PRACTICABLE THEREAFTER. TENANT
ACKNOWLEDGES AND AGREES THAT, SUBJECT TO LANDLORD'S REPRESENTATIONS AND
WARRANTIES CONCERNING THE BASE BUILDING AS DESCRIBED IN THE CONSTRUCTION RIDER
ATTACHED AS EXHIBIT C (THE "CONSTRUCTION RIDER"), THE PREMISES ARE BEING LEASED
TO TENANT IN AN "AS IS" CONDITION, WITHOUT REPRESENTATION, WARRANTY OR COVENANT
OF OR FROM LANDLORD AND WITHOUT ANY OBLIGATION OF LANDLORD TO CONSTRUCT ANY
TENANT IMPROVEMENTS OF ANY KIND OR CHARACTER WHATSOEVER. TENANT FURTHER
ACKNOWLEDGES THAT, EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE,
LANDLORD HAS MADE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED,
CONCERNING THE TENANT IMPROVEMENTS PRESENTLY EXISTING AT, OR THE CONDITION OF,
THE PREMISES, AND TENANT FURTHER ACKNOWLEDGES THAT IT HAS HAD ADEQUATE
OPPORTUNITY TO INSPECT AND APPROVE, AND HAS ADEQUATELY INSPECTED AND APPROVED,
THE TENANT IMPROVEMENTS PRESENTLY EXISTING AT, AND THE CONDITION OF, THE
PREMISES. THE "COMMENCEMENT DATE" SHALL BE THE DATE THAT IS ONE HUNDRED TWENTY
(120) DAYS FOLLOWING LANDLORD'S DELIVERY OF THE PREMISES TO TENANT AS SPECIFIED
ABOVE IN THIS SECTION NOTWITHSTANDING THE ACTUAL DATE OF SUBSTANTIAL COMPLETION
OF THE TENANT IMPROVEMENTS. TENANT SHALL NOT DO ANYTHING THAT COULD DELAY
SUBSTANTIAL COMPLETION OF THE TENANT IMPROVEMENTS AND, IN THE EVENT THE TENANT
IMPROVEMENTS ARE NOT SUBSTANTIALLY COMPLETED ON OR BEFORE THE COMMENCEMENT DATE,
THEN IN THAT EVENT TENANT SHALL COMPLETE THE TENANT IMPROVEMENTS AT THE EARLIEST
PRACTICABLE DATE THEREAFTER. WHEN THE COMMENCEMENT DATE HAS BEEN ESTABLISHED,
LANDLORD AND TENANT SHALL CONFIRM THE COMMENCEMENT DATE AND THE EXPIRATION DATE
IN WRITING.
4
2.2
TENANT'S PROPERTY. TENANT AGREES THAT LANDLORD SHALL NOT BE LIABLE
IN ANY WAY FOR ANY INJURY, LOSS OR DAMAGE WHICH MAY OCCUR TO ANY OF TENANT'S
PROPERTY PLACED UPON OR INSTALLED IN THE PREMISES PRIOR TO THE COMMENCEMENT
DATE, THE SAME BEING AT TENANT'S SOLE RISK, AND TENANT SHALL BE LIABLE FOR ALL
INJURY, LOSS OR DAMAGE TO PERSONS OR PROPERTY ARISING AS A RESULT OF SUCH ENTRY
INTO THE PREMISES BY TENANT OR ITS REPRESENTATIVES (AS HEREINAFTER DEFINED).
2.3
OCCUPANCY OF PREMISES. TENANT SHALL HAVE THE RIGHT TO OCCUPY THE
PREMISES THROUGHOUT THE TERM, SEVEN (7) DAYS A WEEK, TWENTY-FOUR (24) HOURS A
DAY, SUBJECT TO ALL OF THE TERMS OF THIS