TENANT SHALL NOT BE OBLIGATED TO PAY TO LANDLORD ANY BASE RENT,
OPERATING EXPENSES, TAX EXPENSES OR UTILITIES COSTS FOR THE PREMISES OR PARKING
CHARGES FOR THE NUMBER OF PARKING PASSES WITHIN THE PARKING ALLOTMENT.
2.3
CONFIRMATION OF LEASE DATES AMENDMENT.
WITHIN SIX (6) MONTHS
FOLLOWING THE LEASE COMMENCEMENT DATE, LANDLORD SHALL EXECUTE AND DELIVER TO
TENANT AN AMENDMENT IN THE FORM AS SET FORTH
7
IN EXHIBIT C, ATTACHED HERETO (THE "CONFIRMATION OF LEASE DATES AMENDMENT"),
WHICH CONFIRMATION OF LEASE DATES AMENDMENT TENANT SHALL EXECUTE AND RETURN TO
LANDLORD WITHIN TEN (10) BUSINESS DAYS AFTER RECEIPT THEREOF; PROVIDED, HOWEVER,
THAT IF SAID CONFIRMATION OF LEASE DATES AMENDMENT IS NOT FACTUALLY CORRECT,
THEN TENANT SHALL MAKE SUCH CHANGES AS ARE NECESSARY TO MAKE THE CONFIRMATION OF
LEASE DATES AMENDMENT FACTUALLY CORRECT AND SHALL THEREAFTER EXECUTE AND RETURN
SUCH CONFIRMATION OF LEASE DATES AMENDMENT TO LANDLORD WITHIN SUCH TEN (10)
BUSINESS DAY PERIOD AND THEREAFTER THE DATES SET FORTH ON SUCH CONFIRMATION OF
LEASE DATES AMENDMENT SHALL BE CONCLUSIVE AND BINDING UPON TENANT AND LANDLORD,
UNLESS LANDLORD, WITHIN FIFTEEN (15) BUSINESS DAYS FOLLOWING RECEIPT OF TENANT'S
CHANGES, SENDS A NOTICE TO TENANT REJECTING TENANT'S CHANGES, WHEREUPON THIS
PROCEDURE SHALL BE REPEATED UNTIL THE PARTIES EITHER (I) MUTUALLY AGREE UPON THE
CONTENTS OF EXHIBIT C, OR (II) THE CONTENTS ARE DETERMINED BY ARBITRATION
PURSUANT TO SECTION 26.32, BELOW.
FAILURE OF TENANT TO EXECUTE AND DELIVER TO
LANDLORD WITHIN SUCH 10-BUSINESS DAY PERIOD THE CONFIRMATION OF LEASE DATES
AMENDMENT SUBMITTED BY LANDLORD WITHIN SUCH 6-MONTH PERIOD OR LANDLORD TO REJECT
TENANT'S CHANGES THERETO WITHIN SUCH 15-BUSINESS DAY PERIOD, AS APPLICABLE,
SHALL CONSTITUTE AN ACKNOWLEDGMENT BY TENANT OR LANDLORD (AS APPLICABLE) THAT
THE STATEMENTS INCLUDED IN SUCH CONFIRMATION OF LEASE DATES AMENDMENT SO
SUBMITTED BY LANDLORD OR TENANT (AS APPLICABLE) ARE TRUE AND CORRECT, WITHOUT
EXCEPTION, AND BINDING UPON LANDLORD AND TENANT.
In the event Landlord shall fail to send Tenant the Confirmation of Lease Dates
Amendment within six (6) months following the Lease Commencement Date, Tenant
may execute and deliver to Landlord the Confirmation of Lease Dates Amendment in
the form as set forth in Exhibit C, which Confirmation of Lease Dates Amendment
Landlord shall execute and return to Tenant within ten (10) business days after
receipt thereof by Landlord (provided that if said Confirmation of Lease Dates
Amendment submitted by Tenant is not factually correct, Landlord shall make such
changes thereto as are necessary to make such Confirmation of Lease Dates
Amendment factually correct, which revised Confirmation of Lease Dates Amendment
shall thereafter be subject to the procedure for finalization set forth above in
this Section 2.3).
Failure of Landlord to execute and deliver to Tenant within
such 10-business day period the confirmation of Lease Dates Amendment initially
submitted by Tenant shall constitute an acknowledgment by Landlord that the
statements included in such confirmation of Lease Dates Amendment so submitted
by Tenant are true and correct, without exception, and binding upon Landlord and
Tenant.
2.4
OPTION TO EXTEND.
TENANT'S RIGHTS AND