FROM
LANDLORD THE PREMISES, TOGETHER WITH THE RIGHT IN COMMON WITH OTHERS TO USE THE
COMMON AREAS.
TENANT ACCEPTS THE PREMISES, BUILDING AND COMMON AREAS "AS IS",
WITHOUT RELYING ON ANY REPRESENTATION, COVENANT OR WARRANTY BY LANDLORD EXCEPT
AS SET FORTH IN SECTION 29 (INITIAL TENANT IMPROVEMENTS) AND OTHER THAN AS
EXPRESSLY SET FORTH IN THIS LEASE.
LANDLORD AND TENANT STIPULATE AND AGREE TO
THE RENTABLE SQUARE FOOTAGE SET FORTH IN SECTION L(A) ABOVE WITHOUT REGARD TO
ACTUAL MEASUREMENT.
3.
USE.
TENANT SHALL OCCUPY AND USE THE PREMISES ONLY FOR THE USE
SPECIFIED IN SECTION 1 ABOVE.
TENANT SHALL NOT PERMIT ANY CONDUCT OR CONDITION
WHICH MAY ENDANGER, DISTURB OR OTHERWISE INTERFERE WITH ANY OTHER BUILDING
OCCUPANT'S NORMAL OPERATIONS OR WITH THE MANAGEMENT OF THE BUILDING.
TENANT
SHALL NOT USE OR PERMIT THE USE OF ANY PORTION OF THE PROPERTY FOR OUTDOOR
STORAGE OR INSTALLATIONS OUTSIDE OF THE PREMISES.
TENANT MAY USE ALL COMMON
AREAS ONLY FOR THEIR INTENDED PURPOSES.
LANDLORD SHALL HAVE EXCLUSIVE CONTROL
OF ALL COMMON AREAS AT ALL TIMES.
4.
TERM; POSSESSION.
THE TERM OF THIS LEASE SHALL COMMENCE ON THE
COMMENCEMENT DATE AND SHALL END ON THE EXPIRATION DATE, UNLESS SOONER TERMINATED
IN ACCORDANCE WITH THIS LEASE OR UNLESS RENEWED BY TENANT IN ACCORDANCE WITH
SECTION 34 OF THIS LEASE.
SUBJECT TO THE PROVISIONS OF SECTION 29 BELOW, IF
LANDLORD IS DELAYED IN DELIVERING POSSESSION OF ALL OR ANY PORTION OF THE
PREMISES TO TENANT AS OF THE COMMENCEMENT DATE, TENANT WILL TAKE POSSESSION ON
THE DATE
2
LANDLORD DELIVERS POSSESSION, WHICH DATE WILL THEN BECOME THE COMMENCEMENT DATE
(AND THE EXPIRATION DATE WILL BE EXTENDED SO THAT THE LENGTH OF THE TERM REMAINS
UNAFFECTED BY SUCH DELAY).
5.
RENT.
TENANT AGREES TO PAY TO LANDLORD, WITHOUT DEMAND,
DEDUCTION OR OFFSET, MINIMUM ANNUAL RENT AND ANNUAL OPERATING EXPENSES FOR THE
TERM.
TENANT SHALL PAY THE MONTHLY RENT, IN ADVANCE, ON THE FIRST DAY OF EACH
CALENDAR MONTH DURING THE TERM AS SET FORTH IN PARAGRAPH 28 UNLESS LANDLORD
DESIGNATES OTHERWISE; PROVIDED THAT MONTHLY RENT FOR THE FIRST FULL MONTH SHALL
BE PAID AT THE SIGNING OF THIS LEASE.
IF THE COMMENCEMENT DATE IS NOT THE FIRST
DAY OF THE MONTH, THE MONTHLY RENT FOR THAT PARTIAL MONTH SHALL BE APPORTIONED
ON A PER DIEM BASIS AND SHALL BE PAID ON OR BEFORE THE COMMENCEMENT DATE.
TENANT SHALL PAY LANDLORD A SERVICE AND HANDLING CHARGE EQUAL TO 5% OF ANY RENT
NOT PAID WITHIN 5 BUSINESS DAYS AFTER THE DATE DUE, PROVIDED THAT NO SUCH
HANDLING CHARGE SHALL BE CHARGED UNTIL THE SECOND LATE PAYMENT DURING ANY TWELVE
(12) MONTH PERIOD.
IN ADDITION, ANY RENT, INCLUDING SUCH CHARGE, NOT PAID
WITHIN 5 DAYS AFTER THE DUE DATE WILL BEAR INTEREST AT THE INTEREST RATE FROM
THE DATE DUE TO THE DATE PAID.
IF ANY TAXES, SPECIAL ASSESSMENTS, FEES OR OTHER
CHARGES ARE IMPOSED AGAINST LANDLORD BY ANY AUTHORITY WITH RESPECT TO THE RENT,
TENANT WILL PAY THESE AMOUNTS TO LANDLORD WHEN DUE.
6.
OPERATING EXPENSES.
THE