MONTHLY BASE RENTAL FOR THE PREMISES IN ACCORDANCE WITH THE BASE RENTAL
SCHEDULE ATTACHED HERETO AND MADE PART HEREOF AS EXHIBIT A.
ACCORDINGLY, THE
BASE RENTAL SCHEDULES SET FORTH IN THE LEASE ARE OF NO FURTHER FORCE AND EFFECT.
5.
ADDITIONAL RENTAL - OPERATING EXPENSES
AND PROPERTY TAXES.
TENANT SHALL CONTINUE TO PAY ALL ADDITIONAL RENTAL UNDER
THE LEASE DURING THE EXTENSION TERM.
LANDLORD AND TENANT HEREBY ACKNOWLEDGE AND
CONFIRM THAT TENANT'S PERCENTAGE SHARE OF OPERATING EXPENSES AND PROPERTY TAXES
SHALL BE 83.83% AND TENANT'S PERCENTAGE SHARE OF ACTUAL BUILDING UTILITY
EXPENSES SHALL BE 87.04% DURING THE EXTENSION TERM, SO LONG AS THE PREMISES
CONTINUES TO CONSIST OF 327,810 RENTABLE SQUARE FEET.
LANDLORD AND TENANT
FURTHER ACKNOWLEDGE AND CONFIRM THAT FOR PURPOSES HEREOF, THE BUILDING CONSISTS
OF 410,357 RENTABLE SQUARE FEET (BUT SHALL BE DEEMED TO CONTAIN 411,634 RENTABLE
SQUARE FEET FOR PURPOSES OF TENANT'S PERCENTAGE SHARE).
6.
TENANT IMPROVEMENT ALLOWANCE.
IN
CONSIDERATION OF TENANT ENTERING INTO THIS FOURTH AMENDMENT, LANDLORD AGREES TO
PROVIDE TO TENANT A TENANT IMPROVEMENT ALLOWANCE EQUAL TO SEVEN MILLION THREE
HUNDRED SEVENTY-FIVE THOUSAND SEVEN HUNDRED TWENTY FIVE AND 00/100 DOLLARS
($7,375,725.00), WHICH AMOUNT IS BASED ON TWENTY-TWO AND 50/100 DOLLARS ($22.50)
PER RENTABLE SQUARE FOOT OF THE PREMISES (THE "RENEWAL ALLOWANCE").
THE RENEWAL
ALLOWANCE MAY BE USED IN TENANT'S SOLE DISCRETION, INCLUDING TO OFFSET AND ABATE
TENANT'S OBLIGATION TO PAY BASE RENTAL DURING THE EXTENSION TERM.
NOTWITHSTANDING THE FOREGOING, THE PARTIES AGREE THAT AT LEAST TWO MILLION FOUR
HUNDRED FIFTY EIGHT THOUSAND FIVE HUNDRED SEVENTY FIVE AND 00/100 DOLLARS
($2,458,575.00), BASED ON SEVEN AND 50/100 DOLLARS ($7.50) PER RENTABLE SQUARE
FOOT OF THE PREMISES, SHALL BE USED, ON OR BEFORE THE NEW EXPIRATION DATE, FOR
COSTS RELATING TO THE CONSTRUCTION OF IMPROVEMENTS TO THE PREMISES AND THE
RELOCATION, REPAIR OR REPLACEMENT OF ANY AND ALL FURNITURE, FIXTURES AND
EQUIPMENT LOCATED IN THE PREMISES (COLLECTIVELY, THE "IMPROVEMENTS"). AT
TENANT'S ELECTION ON OR BEFORE JANUARY 15, 2005, AND FURTHER PROVIDED THAT
TENANT IS NOT IN DEFAULT UNDER THE LEASE, LANDLORD SHALL CREDIT THE RENEWAL
ALLOWANCE AGAINST TENANT'S FUTURE OBLIGATIONS TO PAY MONTHLY BASE RENTAL,
ADDITIONAL RENTAL, OR ANY OTHER CHARGES DUE AND OWING BY TENANT UNDER THE LEASE,
PROVIDED, HOWEVER, IF TENANT FAILS TO PROVIDE LANDLORD NOTICE OF SUCH ELECTION
ON OR BEFORE JANUARY 15, 2005, LANDLORD SHALL PAY THE RENEWAL ALLOWANCE TO
TENANT VIA CHECK OR WIRE TRANSFER ON OR BEFORE JANUARY 28, 2005.
AT ANY TIME
AFTER SUCH PAYMENT OF THE RENEWAL ALLOWANCE, BUT NO LATER THAN THE NEW
EXPIRATION DATE, TENANT SHALL FURNISH TO LANDLORD EVIDENCE REASONABLY
SATISFACTORY TO LANDLORD, INCLUDING SUCH INVOICES, CERTIFICATIONS, LIEN
RELEASES, AND OTHER DOCUMENTATION AS LANDLORD MAY REASONABLY REQUEST, TO BE
ASSURED, TO LANDLORD'S REASONABLE SATISFACTION, THAT THE IMPROVEMENTS HAVE BEEN
COMPLETED IN COMPLIANCE WITH THE TERMS OF THIS SECTION AND THE TERMS OF THE
LEASE. IN ADDITION TO THE FOREGOING, LANDLORD ACKNOWLEDGES THAT TENANT IS STILL
ENTITLED TO USE OF THAT CERTAIN TENANT IMPROVEMENT ALLOWANCE EQUAL TO EIGHTEEN
AND NO/100 DOLLARS ($18.00) PER RENTABLE SQUARE FOOT
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