AND APPROVALS
30.01
WHEREVER IN THIS LEASE LANDLORD'S CONSENT OR APPROVAL IS
REQUIRED, IF LANDLORD SHALL DELAY OR REFUSE SUCH CONSENT OR APPROVAL, TENANT IN
NO EVENT SHALL BE ENTITLED TO MAKE, NOR SHALL TENANT MAKE, ANY CLAIM, AND TENANT
HEREBY WAIVES ANY CLAIM, FOR MONEY DAMAGES (NOR SHALL TENANT CLAIM ANY MONEY
DAMAGES BY WAY OF SETOFF, COUNTERCLAIM OR DEFENSE) BASED UPON ANY CLAIM OR
ASSERTION BY TENANT THAT LANDLORD UNREASONABLY WITHHELD OR UNREASONABLY DELAYED
ITS CONSENT OR APPROVAL.
TENANT'S SOLE REMEDY SHALL BE AN ACTION OR PROCEEDING
TO ENFORCE ANY SUCH PROVISION, FOR SPECIFIC PERFORMANCE, INJUNCTION OR
DECLARATORY JUDGMENT, OR AT TENANT'S ELECTION, TENANT MAY SUBMIT THE SAME TO
EXPEDITED ARBITRATION PURSUANT TO ARTICLE 38 OF THIS LEASE.
ARTICLE 31
NOTICES
31.01
ANY NOTICE OR DEMAND, CONSENT, APPROVAL OR DISAPPROVAL, OR
STATEMENT REQUIRED TO BE GIVEN BY THE TERMS AND PROVISIONS OF THIS LEASE, OR BY
ANY LAW OR GOVERNMENTAL REGULATION, EITHER BY LANDLORD TO TENANT OR BY TENANT TO
LANDLORD, SHALL BE IN WRITING.
UNLESS OTHERWISE REQUIRED BY SUCH LAW OR
REGULATION, SUCH NOTICE OR DEMAND SHALL BE GIVEN, AND SHALL BE DEEMED TO HAVE
BEEN SERVED AND GIVEN THREE (3) BUSINESS DAYS AFTER WHEN SUCH NOTICE OR DEMAND
IS MAILED BY REGISTERED OR CERTIFIED MAIL DEPOSITED ENCLOSED IN A SECURELY
CLOSED POSTPAID WRAPPER, IN A UNITED STATES GOVERNMENT GENERAL OR BRANCH POST
OFFICE, OR OFFICIAL DEPOSITORY WITHIN THE EXCLUSIVE CARE AND CUSTODY THEREOF,
ADDRESSED TO EITHER PARTY, AT ITS ADDRESS SET FORTH ON PAGE 1 OF THIS LEASE.
AFTER TENANT SHALL OCCUPY THE DEMISED PREMISES, THE ADDRESS OF TENANT FOR
NOTICES, DEMANDS, CONSENTS, APPROVALS OR DISAPPROVALS SHALL BE THE BUILDING.
EITHER PARTY MAY, BY NOTICE AS AFORESAID, DESIGNATE A DIFFERENT ADDRESS OR
ADDRESSES FOR NOTICES, DEMANDS, CONSENTS, APPROVALS OR DISAPPROVALS.
31.02
IN ADDITION TO THE FOREGOING, EITHER LANDLORD OR TENANT MAY,
FROM TIME TO TIME, REQUEST IN WRITING THAT THE OTHER PARTY SERVE A COPY OF ANY
NOTICE OR DEMAND, CONSENT, APPROVAL OR DISAPPROVAL, OR STATEMENT, ON ONE OTHER
PERSON OR ENTITY DESIGNATED IN SUCH REQUEST, SUCH SERVICE TO BE EFFECTED AS
PROVIDED IN SECTION 31.01 HEREOF.
LANDLORD HEREBY REQUESTS THAT A COPY OF ALL
NOTICES OR DEMANDS FROM TENANT TO LANDLORD BE SENT TO CAPSTONE EQUITIES, LLC,
14 WALL STREET, 5TH FLOOR, NEW YORK, NEW YORK 10005.
TENANT HEREBY REQUESTS
THAT A COPY OF ALL NOTICES OR
41
DEMAND FROM LANDLORD TO TENANT BE SENT TO ENERNOC, INC., 75 FEDERAL STREET,
SUITE 300, BOSTON, MASSACHUSETTS 02110, ATTENTION: MR. NEAL ISAACSON.
ARTICLE 32
NO WAIVER
32.01
NO AGREEMENT TO ACCEPT A SURRENDER OF THIS LEASE SHALL BE
VALID UNLESS IN WRITING SIGNED BY LANDLORD.
NO EMPLOYEE OF LANDLORD OR OF
LANDLORD'S AGENTS SHALL HAVE ANY POWER TO ACCEPT THE KEYS OF THE DEMISED
PREMISES PRIOR TO THE TERMINATION OF THIS LEASE.
THE DELIVERY OF KEYS TO ANY
EMPLOYEE OF LANDLORD OR OF LANDLORD'S AGENT SHALL NOT OPERATE AS A TERMINATION
OF THIS LEASE OR A SURRENDER OF THE DEMISED PREMISES.
IN THE EVENT OF TENANT