REASONABLY SATISFACTORY TO
LANDLORD AND TENANT CONFIRMING TENANT'S WAIVER OF, AND EXTINGUISHING, THE 2ND
FLOOR EXPANSION OPTION PURSUANT TO THIS ARTICLE 42.
42.05
PROMPTLY AFTER THE OCCURRENCE OF THE 2ND FLOOR
EXPANSION SPACE COMMENCEMENT DATE, LANDLORD AND TENANT SHALL CONFIRM THE
OCCURRENCE THEREOF AND THE INCLUSION OF THE 2ND FLOOR EXPANSION SPACE IN THE
DEMISED PREMISES BY EXECUTING AN INSTRUMENT REASONABLY SATISFACTORY TO LANDLORD
AND TENANT; PROVIDED THAT FAILURE BY LANDLORD OR TENANT TO EXECUTE SUCH
INSTRUMENT SHALL NOT AFFECT THE INCLUSION OF THE 2ND FLOOR EXPANSION SPACE IN
THE DEMISED PREMISES IN ACCORDANCE WITH THIS ARTICLE 42.
77
ARTICLE 43
SIGNAGE
43.01
PROVIDED THAT LANDLORD MAINTAINS A DIRECTORY IN THE
LOBBY OF THE BUILDING, LANDLORD SHALL MAKE AVAILABLE TO TENANT, AND CONSISTENT
WITH OTHER TENANTS' RIGHTS IN THE BUILDING, AT NO CHARGE TO TENANT, TENANT'S
PRO-RATA SHARE OF SAID DIRECTORY FOR THE LISTING OF TENANT'S NAME AND THE NAMES
OF ANY OF THE OFFICERS OR EMPLOYEES OF TENANT LOCATED IN THE BUILDING AND/OR THE
NAME OF ANY PERMITTED SUBTENANT OR OTHER OCCUPANT AND THE NAMES OF ANY OF THE
OFFICERS OR EMPLOYEES THEREOF LOCATED IN THE BUILDING; PROVIDED FURTHER, IF SAID
DIRECTORY IS AN ELECTRONIC DIRECTORY, TENANT MAY LIST AN UNLIMITED NUMBER OF THE
AFOREMENTIONED NAMES THEREIN.
ARTICLE 44
TENANT ALLOWANCE
44.01
(A)
PROVIDED THIS
LEASE IS IN FULL FORCE AND EFFECT AND TENANT IS NOT THEN IN MONETARY OR
MATERIAL, NON-MONETARY DEFAULT UNDER THIS LEASE BEYOND ANY APPLICABLE NOTICE AND
CURE PERIODS, LANDLORD, IN CONSIDERATION OF TENANT'S ACCEPTANCE OF THE DEMISED
PREMISES IN "AS IS" CONDITION (SUBJECT TO THE PERFORMANCE OF LANDLORD'S WORK)
AND IN ACCORDANCE WITH THE PROCEDURES SET FORTH BELOW, SHALL PAY TOWARD THE COST
OF TENANT'S INITIAL WORK, UP TO AN AMOUNT EQUAL TO THE INITIAL PREMISES
ALLOWANCE FOR HARD COSTS (AS HEREINAFTER DEFINED) AND SOFT COSTS (AS HEREINAFTER
DEFINED); PROVIDED, THAT LANDLORD NOT BE REQUIRED TO PAY FROM THE INITIAL
PREMISES ALLOWANCE FOR SOFT COSTS TO THE EXTENT SUCH SOFT COSTS EXCEED 15% OF
THE INITIAL PREMISES ALLOWANCE (THE "INITIAL PREMISES SOFT COSTS MAXIMUM").
LANDLORD SHALL PAY THE INITIAL PREMISES ALLOWANCE TO THE CONTRACTORS,
SUBCONTRACTORS AND OTHER PROFESSIONALS PERFORMING TENANT'S INITIAL WORK (IT
BEING UNDERSTOOD THAT IN NO EVENT SHALL LANDLORD BE OBLIGATED TO EXPEND ANY
AMOUNTS (X) IN EXCESS OF THE INITIAL PREMISES ALLOWANCE OR (Y) FOR SOFT COSTS IN
EXCESS OF THE INITIAL PREMISES SOFT COSTS MAXIMUM).
TENANT SHALL PAY ALL COSTS
OF TENANT'S INITIAL WORK IN EXCESS OF THE INITIAL PREMISES ALLOWANCE.
TENANT
SHALL HAVE UP TO TWO YEARS FOLLOWING THE RENT COMMENCEMENT DATE TO USE THE
INITIAL PREMISES ALLOWANCE IN ACCORDANCE WITH THIS ARTICLE 44, AND IF SUCH
MONIES ARE NOT SPENT BY SUCH DATE, THEN TENANT SHALL HAVE NO FURTHER RIGHTS OR
CLAIMS AGAINST LANDLORD FOR THE INITIAL PREMISES ALLOWANCE.
(B)
"HARD COSTS" MEANS THE COSTS OF LABOR AND
MATERIALS PAID FOR THE INSTALLATION OF FIXTURES, IMPROVEMENTS AND APPURTENANCES
ATTACHED TO OR BUILT INTO THE PREMISES INITIALLY DEMISED HEREUNDER, BUT NOT
INCLUDING THE INSTALLATION OF MOVABLE PARTITIONS, BUSINESS