BEEN FULLY COMPLIED WITH.
TENANT SHALL HAVE THE RIGHT, BUT NOT THE OBLIGATION, FOR A PERIOD OF FIFTEEN
(15) BUSINESS DAYS FOLLOWING RECEIPT OF THE AVAILABILITY NOTICE FROM LANDLORD,
TO ELECT TO INCLUDE SUCH THEN OFFERED AVAILABLE SPACE WITHIN THE PREMISES (IF SO
ELECTED, THE "ADDITIONAL SPACE"). FOR THE LEASE OF ANY ADDITIONAL SPACE THAT
BECOMES AVAILABLE ON OR BEFORE DECEMBER 31, 2006, TENANT'S LEASE OF THE
ADDITIONAL SPACE SHALL BE AT THE SAME PER SQUARE FOOT RATE FOR BASE RENTAL AS IS
THEN APPLICABLE TO THE PREMISES UNDER THIS LEASE AND UPON THE SAME OTHER TERMS
AND CONDITIONS AS IN THIS LEASE AND FOR THE LEASE OF ANY ADDITIONAL SPACE THAT
BECOMES AVAILABLE AFTER DECEMBER 31, 2006, TENANT'S LEASE OF THE AVAILABLE SPACE
SHALL BE AT THE MARKET BASE RENTAL RATE, EXCEPT THAT, IN EITHER CASE: (I)
TENANT'S PERCENTAGE SHARE SHALL BE RE-CALCULATED BY ADDING THE SQUARE FOOTAGE OF
ANY ADDITIONAL SPACE TAKEN BY TENANT PURSUANT HERETO TO THE NUMERATOR USED TO
CALCULATE TENANT'S PERCENTAGE SHARE; AND (II) THE ADDITIONAL SPACE SHALL BE
DELIVERED TO TENANT IN ACCORDANCE WITH THE PROVISIONS OF SECTION 7(D) OF THIS
FOURTH AMENDMENT.
IF TENANT DESIRES TO LEASE ANY (OR ALL) OF THE AVAILABLE
SPACE, THEN TENANT SHALL DELIVER TO LANDLORD WRITTEN NOTICE OF ITS DESIRE TO
EXERCISE ITS FIRST OFFER RIGHT (IDENTIFYING THE AVAILABLE SPACE THAT IT WISHES
TO TAKE) WITHIN SAID FIFTEEN (15) BUSINESS DAY PERIOD (THE "TENANT'S
ACCEPTANCE").
IN THE EVENT TENANT DISAGREES WITH LANDLORD'S DETERMINATION OF
THE MARKET BASE RENTAL RATE, LANDLORD AND TENANT SHALL, FOR A PERIOD OF TEN (10)
DAYS AFTER TENANT'S ACCEPTANCE, NEGOTIATE IN GOOD FAITH TO REACH AGREEMENT AS TO
SUCH MARKET BASE RENTAL RATE.
IN THE EVENT THAT, NOTWITHSTANDING THE
COOPERATIVE EFFORTS OF SUCH PARTIES, LANDLORD AND TENANT ARE UNABLE TO AGREE
UPON THE MARKET BASE RENTAL RATE WITHIN SUCH TEN (10) DAY PERIOD, THEN LANDLORD
AND TENANT SHALL MUTUALLY SELECT AN ARBITRATOR (THE "ARBITRATOR"), WHO SHALL BE
A REAL ESTATE BROKER WHO (I) IS LICENSED IN THE STATE OF GEORGIA, AND HAS A SIOR
OR CCIM DESIGNATION, (II) HAS BEEN ACTIVELY AND CONTINUOUSLY ENGAGED IN THE
LEASING OF OFFICE SPACE IN THE SUBMARKET IN WHICH THE PREMISES ARE LOCATED
DURING THE PRECEDING TEN-YEAR PERIOD, AND (III) HAS REPRESENTED NEITHER LANDLORD
NOR TENANT DURING THE PRECEDING FIVE-YEAR PERIOD.
IF THE PARTIES CANNOT AGREE
ON THE ARBITRATOR WITHIN FIVE (5) CALENDAR DAYS FOLLOWING THE DATE OF LANDLORD'S
ORIGINAL NOTICE TO TENANT STATING THE MARKET BASE RENTAL RATE, THEN EACH PARTY
SHALL SELECT A BROKER WHO MEETS THE CRITERIA SET FORTH ABOVE BY WRITTEN NOTICE
TO THE OTHER GIVEN WITHIN THIRTY-FIVE (35) DAYS FOLLOWING THE DATE OF THE
AVAILABILITY NOTICE, AND WITHIN FIVE (5) DAYS AFTER RECEIPT OF SUCH SELECTION
FROM BOTH PARTIES, SUCH BROKERS SHALL APPOINT A THIRD BROKER; SUCH
5
THIRD BROKER SHALL BE THE ARBITRATOR.
IF THE TWO BROKERS CANNOT AGREE ON THE
APPOINTMENT OF THE ARBITRATOR WITHIN SAID FIVE (5) DAY PERIOD, THEN EITHER PARTY
SHALL HAVE THE RIGHT TO APPLY TO