AND SHALL NOT ALTER TENANT'S OBLIGATIONS
UNDER THIS LEASE AS AMENDED HEREBY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY
STATED IN SECTION 2(A) ABOVE, THE ADDITIONAL PREMISES COMMENCEMENT DATE SHALL
OCCUR ON THE DATE THE ADDITIONAL PREMISES WOULD HAVE BEEN DELIVERED TO TENANT
BUT FOR TENANT'S DELAY OR TENANT'S CHANGE ORDER.
LANDLORD'S WORK WILL NOT
CONSTITUTE AN ALTERATION UNDER ARTICLE 10 OF THE ORIGINAL LEASE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LITHE ENTIRE TENANT
ALLOWANCE IS NOT SPENT BY TENANT ON LANDLORD'S WORK, THE BALANCE MAY BE SPENT BY
TENANT FOR FURNITURE, FIXTURES, OR EQUIPMENT.
2
c.
Upon notification by Landlord, Landlord and Tenant shall schedule
a pre-occupancy inspection of the Additional Premises at which time a punchlist
of outstanding items, if any, shall be completed.
For the purpose of the Lease,
punchlist items are those minor adjustments, repairs, replacements and the
failure to complete associated with Landlord's Work of which, taken as a whole
shall not interfere with or disrupt Tenant's Permitted Uses of the Premises.
Landlord shall complete the punchlist items to Tenant's reasonable satisfaction
within thirty (30) days thereafter or the expiration of such additional time
period as is reasonably necessary to cure such obligation, provided Landlord
immediately commences and thereafter proceeds with all due diligence and in good
faith to cure such obligation. During completion of the punchlist items,
Landlord will take commercially reasonable measures to not unreasonably
interfere with Tenant's business operations in the Additional Premises.
D.
THE ADDITIONAL PREMISES COMMENCEMENT DATE SHALL BE CONFIRMED BY
LANDLORD AND TENANT BY THE EXECUTION OF A CONFIRMATION OF LEASE TERM IN THE FORM
ATTACHED HERETO AS EXHIBIT "B".
IF TENANT FAILS TO EXECUTE OR OBJECT TO THE
CONFIRMATION OF LEASE TERN WITHIN TEN (10) BUSINESS DAYS OF ITS DELIVERY,
LANDLORD'S DETERMINATION OF SUCH DATES SHALL BE DEEMED ACCEPTED.
E.
LANDLORD ANTICIPATES THAT THE ADDITIONAL PREMISES COMMENCEMENT
DATE WILL OCCUR ON OR BEFORE THE DATE WHICH IS ONE HUNDRED FORTY (140) DAYS
AFTER THE DATE OF THIS AMENDMENT (THE "OUTSIDE DELIVERY DATE").
IF THE
ADDITIONAL PREMISES COMMENCEMENT DATE HAS NOT OCCURRED BY THE OUTSIDE DELIVERY
DATE, SUBJECT TO THE PROVISIONS HEREIN RELATING TO A TENANT'S DELAY OR FORCE
MAJEURE, THEN TENANT SHALL BE ENTITLED TO A RENT CREDIT EQUAL TO ONE DAY'S FIXED
RENT FOR EACH DAY THAT THE ADDITIONAL PREMISES COMMENCEMENT DATE IS DELAYED
BEYOND THE OUTSIDE DELIVERY DATE.
3.
TERM:
THE LEASE TERM FOR THE ADDITIONAL PREMISES SHALL COMMENCE
ON THE ADDITIONAL PREMISES COMMENCEMENT DATE AND TERMINATE ON JUNE 30, 2014,
COTERMINOUSLY WITH THE LEASE.
A.
FROM AND AFTER THE ADDITIONAL PREMISES COMMENCEMENT DATE
("APCD"), TENANT SHALL PAY TO LANDLORD FIXED RENT FOR THE ADDITIONAL PREMISES
(2,941 RSF) AS FOLLOWS:
TIME
PERIOD
PER
RSF
MONTHLY
INSTALLMENT
ANNUAL
BASE RENT
APCD-06/30/07
$
23.50
*
$
5,759.46
$
69,113.50
07/01/07-06/30/08
$
24.00
*
$
5,882.00
$
70,584.00
07/01/08-06/30/09
$
24.50
*
$
6,004.54
$
72,054.50
07/01/09-06/30/10
$
25.00
*
$
6,127.08
$
73,525.00
07/01/10-06/30/11
$
25.50
*
$
6,249.63
$
74,995.50
07/01/11-06/30/12
$
26.00
*
$
6,372.17
$