PERIOD PRIOR TO EXPIRATION OR EARLIER TERMINATION OF THIS
LEASE SHALL SURVIVE SUCH EXPIRATION OR EARLIER TERMINATION.
C.
SEVERABILITY.
IF ANY TERM OR PROVISION OF THIS LEASE OR PORTION
THEREOF SHALL BE FOUND INVALID, VOID, ILLEGAL, OR UNENFORCEABLE GENERALLY OR
WITH RESPECT TO ANY PARTICULAR PARTY, BY A COURT OF COMPETENT JURISDICTION, IT
SHALL NOT AFFECT, IMPAIR OR INVALIDATE ANY OTHER TERMS OR PROVISIONS OR THE
REMAINING PORTION THEREOF, OR ITS ENFORCEABILITY WITH RESPECT TO ANY OTHER
PARTY.
D.
FAILURE TO COMMENCE.
IF THE COMMENCEMENT DATE IS DELAYED IN
ACCORDANCE WITH ARTICLE 3 FOR MORE THAN ONE (1) YEAR, THIS LEASE SHALL THEREUPON
BE DEEMED TERMINATED WITHOUT FURTHER ACTION BY EITHER PARTY.
E.
SHORT FORM LEASE.
NEITHER THIS LEASE NOR ANY MEMORANDUM OF LEASE
OR SHORT FORM LEASE SHALL BE RECORDED BY TENANT, BUT LANDLORD OR ANY LENDER MAY
ELECT TO RECORD A SHORT FORM OF THIS LEASE, IN WHICH CASE TENANT SHALL PROMPTLY
EXECUTE, ACKNOWLEDGE AND DELIVER THE SAME ON A FORM PREPARED BY LANDLORD OR SUCH
LENDER AND REASONABLY ACCEPTABLE TO TENANT.
37
F.
LIGHT, AIR AND OTHER INTERESTS.
THIS LEASE DOES NOT GRANT ANY
LEGAL RIGHTS TO "LIGHT AND AIR" OUTSIDE THE PREMISES NOR ANY PARTICULAR VIEW
VISIBLE FROM THE PREMISES, NOR ANY EASEMENTS, LICENSES OR OTHER INTERESTS UNLESS
EXPRESSLY CONTAINED IN THIS LEASE.
G.
AUTHORITY.
IF TENANT IS ANY FORM OF CORPORATION, PARTNERSHIP,
LIMITED LIABILITY COMPANY OR PARTNERSHIP, ASSOCIATION OR OTHER ORGANIZATION,
TENANT AND ALL PERSONS SIGNING FOR TENANT BELOW HEREBY REPRESENT THAT THIS LEASE
HAS BEEN FULLY AUTHORIZED AND NO FURTHER APPROVALS ARE REQUIRED, AND TENANT IS
DULY ORGANIZED, IN GOOD STANDING AND LEGALLY QUALIFIED TO DO BUSINESS IN THE
PREMISES (AND HAS ANY REQUIRED CERTIFICATES, LICENSES, PERMITS AND OTHER SUCH
ITEMS).
H.
PARTNERSHIP TENANT.
IF TENANT IS A PARTNERSHIP, ALL CURRENT AND
NEW GENERAL PARTNERS SHALL BE JOINTLY AND SEVERALLY LIABLE FOR ALL OBLIGATIONS
OF TENANT HEREUNDER AND AS THIS LEASE MAY HEREAFTER BE MODIFIED, WHETHER SUCH
OBLIGATIONS ACCRUE BEFORE OR AFTER ADMISSION OF FUTURE PARTNERS OR AFTER ANY
PARTNERS DIE OR LEAVE THE PARTNERSHIP.
TENANT SHALL CAUSE EACH NEW PARTNER TO
SIGN AND DELIVER TO LANDLORD WRITTEN CONFIRMATION OF SUCH LIABILITY, IN FORM AND
CONTENT SATISFACTORY TO LANDLORD, BUT FAILURE TO DO SO SHALL NOT AVOID SUCH
LIABILITY.
I.
FINANCIAL STATEMENTS.
LANDLORD HAS EXECUTED THE LEASE IN
RELIANCE UPON CERTAIN FINANCIAL INFORMATION WHICH HAS BEEN SUBMITTED BY TENANT
TO LANDLORD PRIOR TO THE EXECUTION OF THE LEASE (THE "FINANCIAL INFORMATION").
TENANT SHALL, WITHIN TEN (10) DAYS AFTER REQUESTED FROM TIME TO TIME, DELIVER TO
LANDLORD FINANCIAL STATEMENTS, AT LEAST CONSISTENT IN FORM AND DETAIL AS THE
FINANCIAL INFORMATION, FOR TENANT'S AND ALL GUARANTORS' THEN MOST RECENT FULL
AND PARTIAL FISCAL YEAR PRECEDING SUCH REQUEST, CERTIFIED BY AN INDEPENDENT
CERTIFIED PUBLIC ACCOUNTANT OR TENANT'S OR SUCH GUARANTORS' CHIEF FINANCIAL
OFFICER, EXCEPT, HOWEVER, THAT IF TENANT IS A PUBLICLY TRADED COMPANY AND SUCH
FINANCIAL INFORMATION IS PUBLICLY AVAILABLE TO LANDLORD, TENANT SHALL NOT BE
OBLIGATED TO PROVIDE SUCH FINANCIAL STATEMENTS TO LANDLORD.
AS A