hereby agrees to
reimburse the Landlord the
(Name of Firm)
Total Cost of Proposal shown in Step 4 above.
Authorized Tenant's Representative
Date
b.
This Bulletin is approved (rescinded) and the work above is (not) to be
performed.
Cost of this work shall be included in Change Order No.
.
Landlord
Date
EXHIBIT "M"
FORM OF LETTER OF CREDIT
(THE ACTUAL FORM WILL DEPEND ON THE ISSUING BANK)
IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER:
DATE:
DELIVERY BY COURIER SERVICE BENEFICIARY:
APPLICANT:
Burlington Office Park V Limited Partnership
c/o The Gutierrez Company
One Wall Street. Burlington. MA 01803
AMOUNT:
USD
$
EXPIRY
DATE:
AT OUR COUNTERS IN
LADIES AND GENTLEMEN:
WE HEREBY ESTABLISH OUR IRREVOCABLE STANDBY LETTER OF CREDIT NO.
IN
YOUR FAVOR EFFECTIVE IMMEDIATELY, BY ORDER AND FOR THE ACCOUNT OF
FOR A SUM OR SUMS NOT EXCEEDING A TOTAL OF
(USD
) AVAILABLE
BY YOUR DRAFT(S) AT SIGHT DRAWN ON US AND ACCOMPANIED BY THE FOLLOWING
DOCUMENTS;
1. THE ORIGINAL OF THIS LETTER OF CREDIT AND ALL AMENDMENTS THERETO, IF ANY.
2. A NOTARIZED STATEMENT FROM BURLINGTON OFFICE PARK V LIMITED PARTNERSHIP AS
FOLLOWS:
"REFERENCE IS HEREBY MADE TO THAT CERTAIN LEASE (THE "LEASE") DATED
, 2008 BETWEEN BURLINGTON OFFICE PARK V LIMITED PARTNERSHIP AS
LANDLORD (THE "LANDLORD") AND CONVERSENT COMMUNICATIONS OF MASSACHUSETTS, INC.
D/B/A ONE COMMUNICATIONS AS TENANT (THE "TENANT"). I HEREBY CERTIFY THAT I AM AN
AUTHORIZED REPRESENTATIVE OF LANDLORD OR PERMITTED TRANSFEREE AND FURTHER
CERTIFY THAT:
(I) EITHER (A) AN EVENT OF DEFAULT (AS DEFINED IN THE LEASE) HAS OCCURRED AND
REMAINS UNCURED BEYOND THE APPLICABLE CURE PERIOD, OR (B) HAS NOT RENEWED,
REPLACED OR AMENDED THE LETTER OF CREDIT BY NOT LATER THAN TWENTY-FIVE
(25) BANKING DAYS PRIOR TO THE EXPIRATION THEREOF OR PROVIDED A CASH DEPOSIT, IN
ACCORDANCE WITH THE REQUIREMENTS OF ARTICLE 11 OF THE LEASE; AND
(II) THIS DRAWING IN THE AMOUNT OF USD
(INSERT AMOUNT, NOT TO EXCEED
AVAILABLE CREDIT) REPRESENTS FUNDS DUE TO LANDLORD UNDER AND PURSUANT TO THE
LEASE."
THIS LETTER OF CREDIT IS TRANSFERABLE IN ITS ENTIRETY (BUT NOT IN PART) TO ANY
PERSON OR ENTITY THAT SUCCEEDS LANDLORD UNDER THE LEASE AND TO BANK OF AMERICA,
N.A., AS THE HOLDER OF A FIRST MORTGAGE ON THE PROPERTY TO WHICH THE LEASE
RELATES AND TO ANY PERSON OR ENTITY THAT SUCCEEDS BANK OF AMERICA, N.A. AS
HOLDER OF THE FIRST MORTGAGE ON SUCH PROPERTY. TRANSFER OF THIS LETTER OF CREDIT
TO SUCH TRANSFEREE SHALL BE EFFECTED ONLY BY PRESENTATION TO THE ISSUING BANK OF
THE ORIGINAL OF THIS LETTER OF CREDIT TOGETHER WITH AMENDMENTS, IF ANY,
ACCOMPANIED BY A SIGNED AND COMPLETED TRANSFER CERTIFICATE IN THE FORM ATTACHED
HERETO AS EXHIBIT "A" AND PAYMENT OF A TRANSFER FEE EQUAL TO
. UPON
SUCH PRESENTATION, THE BANK SHALL FORTHWITH TRANSFER. THE LETTER OF CREDIT TO
THE DESIGNATED TRANSFEREE, OR IF SO REQUESTED BY SUCH TRANSFEREE, ISSUE A NEW
LETTER OF CREDIT TO THE TRANSFEREE IN THE SAME FORM AS THIS LETTER OF CREDIT.
THIS LETTER OF CREDIT