LAW PROVIDED.
1.09
ANY APPORTIONMENTS OR PRORATIONS OF FIXED RENT OR
ADDITIONAL CHARGES TO BE MADE UNDER THIS LEASE SHALL BE COMPUTED ON THE BASIS OF
A 360-DAY YEAR (BASED ON TWELVE (12) MONTHS OF THIRTY (30) DAYS EACH).
1.10
IF ANY OF THE FIXED RENT OR ADDITIONAL CHARGES
PAYABLE UNDER THE TERMS AND PROVISIONS OF THIS LEASE SHALL BE OR BECOME
UNCOLLECTIBLE, REDUCED OR REQUIRED TO BE REFUNDED BECAUSE OF ANY ACT OR LAW
ENACTED BY A GOVERNMENTAL AUTHORITY, TENANT SHALL ENTER INTO SUCH
AGREEMENT(S) AND TAKE SUCH OTHER STEPS (WITHOUT ADDITIONAL EXPENSE TO TENANT) AS
LANDLORD MAY REASONABLY REQUEST AND AS MAY BE LEGALLY PERMISSIBLE TO PERMIT
LANDLORD TO COLLECT THE MAXIMUM RENTS WHICH FROM TIME TO TIME DURING THE
CONTINUANCE OF SUCH LEGAL RENT RESTRICTION MAY BE LEGALLY PERMISSIBLE (BUT NOT
IN EXCESS OF THE AMOUNTS RESERVED THEREFOR UNDER THIS LEASE).
UPON THE
TERMINATION OF SUCH LEGAL RENT RESTRICTION, (A) THE FIXED RENT AND/OR ADDITIONAL
CHARGES SHALL BECOME AND THEREAFTER BE PAYABLE IN ACCORDANCE WITH THE AMOUNTS
RESERVED HEREIN FOR THE PERIODS FOLLOWING SUCH TERMINATION, AND (B) TENANT SHALL
PAY TO LANDLORD PROMPTLY UPON BEING BILLED, TO THE MAXIMUM EXTENT LEGALLY
PERMISSIBLE, AN AMOUNT EQUAL TO (I) THE FIXED RENT AND/OR ADDITIONAL CHARGES
WHICH WOULD HAVE BEEN PAID PURSUANT TO THIS LEASE BUT FOR SUCH LEGAL RENT
RESTRICTION LESS (II) THE RENTS PAID BY TENANT DURING THE PERIOD SUCH LEGAL RENT
RESTRICTION WAS IN EFFECT.
1.11
ADDITIONAL CHARGES SHALL BE DEEMED TO BE RENT AND
TENANT'S FAILURE TO PAY ADDITIONAL CHARGES SHALL BE CONSIDERED A FAILURE TO PAY
FIXED RENT HEREUNDER AND LANDLORD SHALL BE ENTITLED TO ALL RIGHTS AND REMEDIES
PROVIDED HEREIN OR BY LAW FOR A DEFAULT IN THE PAYMENT OF ADDITIONAL CHARGES AS
FOR A DEFAULT IN THE PAYMENT OF FIXED RENT (NOTWITHSTANDING THE FACT THAT TENANT
MAY NOT THEN ALSO BE IN DEFAULT IN THE PAYMENT OF FIXED RENT).
1.12
UPON THE RENT COMMENCEMENT DATE, AND UPON EACH OF
THE FIRST, SECOND, THIRD AND FOURTH ANNIVERSARIES OF THE RENT COMMENCEMENT DATE,
TENANT SHALL RECEIVE A CREDIT IN THE AMOUNT OF $156,430.00 TO BE APPLIED, IN
EACH CASE, AGAINST THE NEXT INSTALLMENT OF FIXED RENT THEN DUE HEREUNDER.
3
ARTICLE 2
DELIVERY AND USE OF PREMISES
2.01
(A)
EXCEPT AS
EXPRESSLY PROVIDED TO THE CONTRARY IN THIS SECTION 2.01(A), TENANT SHALL ACCEPT
THE PREMISES "AS IS" ON THE COMMENCEMENT DATE AND LANDLORD SHALL NOT THEREAFTER
BE REQUIRED TO PERFORM ANY WORK, INSTALL ANY FIXTURES OR EQUIPMENT OR RENDER ANY
SERVICES TO MAKE THE BUILDING OR THE PREMISES READY OR SUITABLE FOR TENANT'S USE
OR OCCUPANCY.
LANDLORD SHALL PERFORM LANDLORD'S WORK IN A GOOD AND WORKMANLIKE
MANNER, IN COMPLIANCE WITH LAWS AND IN THE MANNER AND SUBJECT TO THE PROVISIONS
OF EXHIBIT C ATTACHED HERETO AND MADE A PART HEREOF.
LANDLORD'S WORK SHALL BE
DEEMED TO HAVE BEEN SUBSTANTIALLY COMPLETED EVEN THOUGH MINOR PUNCH LIST DETAILS
OR ADJUSTMENTS MAY NOT THEN BE COMPLETED, SUBJECT TO LANDLORD'S OBLIGATION TO
COMPLETE SUCH PUNCH LIST ITEMS IN