OTHERS, TO USE THE COMMON AREAS.
BY TAKING POSSESSION OF THE PREMISES,
TENANT IS DEEMED TO HAVE ACCEPTED THE PREMISES AND AGREED THAT THE PREMISES IS
IN GOOD ORDER AND SATISFACTORY CONDITION, WITH NO REPRESENTATION OR WARRANTY BY
LANDLORD AS TO THE CONDITION OF THE PREMISES OR THE BUILDING OR SUITABILITY
THEREOF FOR TENANT'S USE; PROVIDED, HOWEVER, THAT THE FOREGOING SHALL NOT
RELIEVE LANDLORD OF ITS REPAIR OBLIGATIONS UNDER SECTION 9C OF THIS LEASE OR ITS
OBLIGATIONS UNDER PARAGRAPH 1 OF EXHIBIT D.
B.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS LEASE,
IF LANDLORD IS UNABLE TO TENDER POSSESSION OF ANY PORTION OF THE PREMISES ON THE
DATE POSSESSION IS TO BE DELIVERED DUE TO THE HOLDING OVER OF ANOTHER PARTY,
THIS LEASE SHALL NOT BE VOID OR VOIDABLE OR OTHERWISE AFFECTED AND TENANT SHALL
HAVE NO CLAIM FOR DAMAGES AGAINST LANDLORD.
LANDLORD SHALL USE REASONABLE
EFFORTS TO REGAIN POSSESSION OF SUCH PORTION OF THE PREMISES IN ORDER TO DELIVER
THE SAME TO TENANT.
IF LANDLORD IS UNABLE TO TENDER POSSESSION OF THE SECOND
ADDITIONAL SPACE ON THE SECOND ADDITIONAL SPACE COMMENCEMENT DATE, SUCH DATE
SHALL BE POSTPONED UNTIL THE DATE LANDLORD DELIVERS POSSESSION OF THE SECOND
ADDITIONAL SPACE TO TENANT, THE EXPIRATION DATE SHALL, AT THE OPTION OF
LANDLORD, CORRESPONDINGLY BE POSTPONED ON A PER DIEM BASIS, AND, UPON THE
DETERMINATION OF THE ACTUAL SECOND ADDITIONAL SPACE COMMENCEMENT DATE, LANDLORD
AND TENANT SHALL EACH EXECUTE AND DELIVER A COMMENCEMENT LETTER IN THE FORM OF
EXHIBIT F ATTACHED HERETO.
C.
IF TENANT, WITH LANDLORD'S PRIOR WRITTEN APPROVAL, WHICH APPROVAL
SHALL NOT BE UNREASONABLY WITHHELD, CONDITIONED OR DELAYED, TAKES POSSESSION OF
THE SECOND ADDITIONAL SPACE PRIOR TO THE SECOND ADDITIONAL SPACE COMMENCEMENT
DATE FOR THE SOLE PURPOSE OF PERFORMING ANY IMPROVEMENTS THEREIN OR INSTALLING
FURNITURE, EQUIPMENT OR OTHER PERSONAL PROPERTY OF TENANT, SUCH POSSESSION SHALL
BE SUBJECT TO ALL OF THE TERMS AND CONDITIONS OF THIS LEASE, EXCEPT THAT TENANT
SHALL NOT BE REQUIRED TO PAY RENT WITH RESPECT TO SUCH PORTION OF THE PREMISES
FOR SUCH PERIOD OF TIME PRIOR TO THE SECOND ADDITIONAL SPACE COMMENCEMENT DATE.
TENANT SHALL, HOWEVER, BE LIABLE FOR THE REASONABLE COST OF ANY SERVICES (E.G.,
ELECTRICITY, HVAC, FREIGHT ELEVATORS) THAT ARE PROVIDED TO TENANT DURING THE
PERIOD OF TENANT'S POSSESSION PRIOR TO THE SECOND ADDITIONAL SPACE COMMENCEMENT
DATE.
NOTHING HEREIN SHALL BE CONSTRUED AS GRANTING TENANT THE RIGHT TO TAKE
POSSESSION OF THE SECOND ADDITIONAL SPACE PRIOR TO THE SECOND ADDITIONAL SPACE
COMMENCEMENT DATE, WHETHER FOR CONSTRUCTION, FIXTURING OR ANY OTHER PURPOSE,
WITHOUT THE PRIOR WRITTEN CONSENT OF LANDLORD, WHICH APPROVAL SHALL NOT BE
UNREASONABLY WITHHELD, CONDITIONED OR DELAYED.
3.
USE.
THE PREMISES SHALL BE USED FOR THE PERMITTED USE AND FOR NO OTHER
PURPOSE.
TENANT AGREES NOT TO USE OR PERMIT THE USE OF THE PREMISES FOR ANY
PURPOSE WHICH IS ILLEGAL OR
6
DANGEROUS, WHICH CREATES A NUISANCE OR WHICH WOULD INCREASE THE COST OF
INSURANCE COVERAGE WITH RESPECT TO THE BUILDING. TENANT WILL CONDUCT ITS
BUSINESS AND CONTROL ITS AGENTS,