(II) THE THIRTIETH (30TH)
DAY AFTER LANDLORD SHALL HAVE NOTIFIED TENANT IN WRITING OF THE DATE THE INITIAL
PREMISES WILL BE READY FOR OCCUPANCY.
IN THE EVENT OF SUCH POSTPONEMENT, THE
TERM OF THIS LEASE SHALL REMAIN THE SAME, BUT THE EXPIRATION DATE SHALL BE
EXTENDED FOR THE SAME NUMBER OF DAYS THE COMMENCEMENT DATE WAS POSTPONED;
TENANT'S OBLIGATION TO PAY RENT SHALL BE POSTPONED FOR A LIKE NUMBER OF DAYS,
AND LANDLORD SHALL NOT BE LIABLE TO TENANT FOR ANY LOSS OR DAMAGE RESULTING FROM
LANDLORD'S DELAY IN DELIVERING POSSESSION OF THE INITIAL PREMISES TO TENANT.
SHOULD THE COMPLETION DATE BE DELAYED BY CAUSE OF TENANT, THEN THE COMMENCEMENT
DATE SHALL REMAIN AS IF THERE WERE NO DELAY IN COMPLETION.
IF LANDLORD IS
UNABLE TO SUBSTANTIALLY COMPLETE THE TENANT FINISH IMPROVEMENTS AND DELIVER THE
INITIAL PREMISES TO TENANT FOR OCCUPANCY WITHIN NINETY (90) DAYS AFTER THE
SCHEDULED COMMENCEMENT DATE SET FORTH IN PARAGRAPH 2 ABOVE AND IF SUCH FAILURE
IS NOT ATTRIBUTABLE TO CAUSES BEYOND LANDLORD'S REASONABLE CONTROL OR TO A
"TENANT DELAY" (AS SUCH TERM IS DEFINED IN PARAGRAPH 3 OF THE WORK LETTER),
TENANT SHALL HAVE THE RIGHT TO TERMINATE THIS LEASE BY GIVING WRITTEN NOTICE
THEREOF TO LANDLORD WITH SUCH TERMINATION TO BE EFFECTIVE ON A DATE WHICH IS
THIRTY (30) DAYS AFTER RECEIPT BY LANDLORD OF TENANT'S NOTICE BUT ONLY IF
LANDLORD IS UNABLE, WITHIN SUCH THIRTY (30) DAY PERIOD, TO SUBSTANTIALLY
COMPLETE THE TENANT FINISH IMPROVEMENTS AND DELIVER THE INITIAL PREMISES TO
TENANT FOR OCCUPANCY.
(C)
TENANT'S ACCEPTANCE OF THE PREMISES.
UPON
DELIVERY OF POSSESSION OF THE INITIAL PREMISES AND THE ADDITIONAL PREMISES TO
TENANT AS HEREINBEFORE PROVIDED, TENANT SHALL GIVE LANDLORD AN ESTOPPEL LETTER,
IN THE FORM ATTACHED TO THIS LEASE, MADE A PART HEREOF AND MARKED EXHIBIT "E",
SIGNED BY AN OFFICER OR PRINCIPAL OF TENANT ACKNOWLEDGING (I) THE ORIGINAL OR
REVISED COMMENCEMENT DATE AND EXPIRATION DATE OF THIS LEASE, AND (II) THAT
TENANT HAS ACCEPTED THE APPLICABLE PORTION OF THE PREMISES FOR OCCUPANCY AND
THAT THE CONDITION OF SUCH SPACE, INCLUDING THE TENANT FINISH IMPROVEMENTS
CONSTRUCTED THEREON, AND THAT THE PROJECT WAS AT THE TIME SATISFACTORY AND IN
CONFORMITY WITH THE PROVISIONS OF THIS LEASE IN ALL RESPECTS, EXCEPT FOR ANY
LATENT DEFECTS OR PUNCHLIST ITEMS AS TO WHICH TENANT SHALL GIVE WRITTEN NOTICE
TO LANDLORD WITHIN THIRTY (30) DAYS AFTER LANDLORD HAS DELIVERED POSSESSION OF
THE APPLICABLE PREMISES.
LANDLORD SHALL AS PROMPTLY THEREAFTER AS IS REASONABLY
POSSIBLE CORRECT ALL SUCH DEFECTS AND, SUBJECT TO UNAVOIDABLE DELAYS, LANDLORD
SHALL COMPLETE CORRECTION OF SUCH DEFECTS WITHIN NINETY (90) DAYS AFTER RECEIPT
OF TENANT'S NOTICE.
TENANT'S ESTOPPEL LETTER, FULLY EXECUTED, SHALL BE ATTACHED
TO AND MADE A PART OF THIS EXECUTED LEASE.
A CERTIFICATE SIGNED BY LANDLORD'S
ARCHITECT STATING THAT SUCH IMPROVEMENTS WERE SUBSTANTIALLY COMPLETED IN
ACCORDANCE WITH SUCH PLANS AND SPECIFICATIONS SHALL BE CONCLUSIVE AND BINDING
UPON TENANT, SUBJECT TO CORRECTION BY LANDLORD OF LATENT DEFECTS AND PUNCHLIST
ITEMS IDENTIFIED IN TENANT'S NOTICE.
7.
USE OF THE PREMISES
(A)
SPECIFIC USE.
THE