"AN EXPRESS PROVISION TO THE CONTRARY" FOR PURPOSES
OF ANY APPLICABLE LEGAL REQUIREMENTS NOW OR HEREAFTER IN EFFECT.
LANDLORD SHALL
TAKE COMMERCIALLY REASONABLE ACTION (INCLUDING THE INSTITUTION OF A HOLDOVER
PROCEEDING) TO OBTAIN POSSESSION OF THE OFFER SPACE IF THE EXISTING OCCUPANT OF
SUCH OFFER SPACE HOLDS OVER. NOTWITHSTANDING THE FOREGOING, IF LANDLORD IS
UNABLE TO DELIVER THE APPLICABLE OFFER SPACE TO TENANT WITHIN SIX (6) MONTHS
AFTER THE ANTICIPATED INCLUSION DATE, TENANT, UPON NOTICE TO LANDLORD GIVEN
WITHIN FIFTEEN (15) DAYS AFTER THE EXPIRATION OF SUCH SIX (6) MONTH PERIOD (AS
TO WHICH TIME SHALL BE OF THE ESSENCE AND UNLESS THE OFFER SPACE INCLUSION DATE
SHALL HAVE OCCURRED PRIOR TO THE GIVING OF SUCH NOTICE), MAY WITHDRAW THE
ACCEPTANCE NOTICE AND, IN SUCH EVENT, SUCH OFFER SPACE SHALL NOT BECOME PART OF
THE DEMISED PREMISES AND TENANT SHALL BE RELIEVED OF ITS OBLIGATIONS WITH
RESPECT TO SUCH OFFER SPACE, PROVIDED THAT TENANT'S WITHDRAWAL OF THE ACCEPTANCE
NOTICE SHALL NOT AFFECT TENANT'S RIGHTS UNDER THIS ARTICLE 46 WITH RESPECT TO
OFFER SPACE THAT WAS NOT THE SUBJECT OF THE PARTICULAR ACCEPTANCE NOTICE.
(G)
IF TENANT FAILS TIMELY TO GIVE THE
ACCEPTANCE NOTICE, THEN (I) LANDLORD MAY ENTER INTO ONE OR MORE LEASES OF THE
OFFER SPACE WITH THIRD PARTIES ON SUCH TERMS AND CONDITIONS AS LANDLORD SHALL
DETERMINE, THE OFFER SPACE OPTION WITH RESPECT TO SUCH OFFER SPACE SHALL BE NULL
AND VOID AND OF NO FURTHER FORCE AND EFFECT AND LANDLORD SHALL HAVE NO FURTHER
OBLIGATION TO OFFER SUCH OFFER SPACE TO TENANT, BUT SHALL HAVE NO EFFECT ON ANY
OFFER SPACE NOT YET OFFERED BY LANDLORD TO TENANT AND (II) TENANT SHALL, AS SOON
AS REASONABLY PRACTICABLE AFTER DEMAND BY LANDLORD, EXECUTE AN INSTRUMENT
REASONABLY SATISFACTORY TO LANDLORD CONFIRMING TENANT'S WAIVER OF, AND
EXTINGUISHING, THE OFFER SPACE OPTION WITH RESPECT TO SUCH OFFER SPACE, BUT THE
FAILURE BY TENANT TO EXECUTE ANY SUCH INSTRUMENT SHALL NOT AFFECT THE PROVISIONS
OF CLAUSE (I) ABOVE.
(H)
PROMPTLY AFTER THE DETERMINATION OF THE FAIR
OFFER RENTAL AND AGAIN AFTER THE OCCURRENCE OF THE OFFER SPACE INCLUSION DATE,
LANDLORD AND TENANT SHALL CONFIRM THE OCCURRENCE AND TERMS THEREOF AND THE
INCLUSION OF THE OFFER SPACE IN THE DEMISED PREMISES BY EXECUTING AN INSTRUMENT
REASONABLY SATISFACTORY TO LANDLORD AND TENANT; PROVIDED, THAT THE FAILURE BY
LANDLORD OR TENANT TO EXECUTE SUCH INSTRUMENT SHALL NOT AFFECT THE INCLUSION OF
THE OFFER SPACE IN THE DEMISED PREMISES IN ACCORDANCE WITH THIS ARTICLE 46.
ARTICLE 47
ANTENNA
47.01
TENANT SHALL HAVE THE RIGHT TO INSTALL, MAINTAIN AND
OPERATE (FOR THE EXCLUSIVE USE OF TENANT AND ANY PERMITTED SUBTENANTS) ON THE
AVAILABLE SPACE ON THE ROOF OF THE BUILDING, THE LOCATION OF WHICH SHALL BE
MUTUALLY AGREEABLE TO LANDLORD AND TENANT, AT TENANT'S SOLE COST AND EXPENSE,
ONE ANTENNA AND SUPPORT EQUIPMENT NOT TO EXCEED THREE FEET IN DIAMETER IN THE
AGGREGATE
84
(HEREINAFTER COLLECTIVELY REFERRED TO AS THE "INSTALLATIONS"), SUBJECT TO ALL OF
THE TERMS, COVENANTS AND CONDITIONS OF THIS LEASE (INCLUDING ARTICLE 6),