Services, there shall be
included in the Operating Expenses (notwithstanding anything to the contrary
contained in Section 2.2(c) above), and Landlord shall be entitled to receive,
an asset management fee equal to one-half percent (0.5%) of the Gross Revenues
for the Property attributable to such portion of Tenant Management Period.
During any portion of any Tenant Management Period that the Tenant Management
Services do not include the Financial Services, there shall be included in the
Operating Expenses (notwithstanding anything to the contrary contained in
Section 2.2(c) above), and Landlord shall be entitled to receive, an asset
management fee equal to one percent (1.0%) of the Gross Revenues for the
Property attributable to such portion of Tenant Management Period.
(d)
Any disputes between Landlord and Tenant with respect to any
matters arising under this Section 3.6 shall be subject to resolution as
provided in Article XII.
ARTICLE IV
CARE OF PREMISES; LAWS, RULES AND REGULATIONS
4.1
Surrender of Leased Premises
Upon the expiration or any earlier termination of this Lease, Tenant shall
surrender the Leased Premises to Landlord subject to the provisions of
Section 5.3 hereof, and otherwise in good condition and repair, reasonable wear
and tear excepted (subject, however, in addition, to such damage or destruction
that Tenant, as of such expiration or earlier termination, is not, pursuant to
the express provisions hereof, obligated to repair or restore). Upon such
expiration or termination of this Lease, Landlord shall have the right to
re-enter and resume possession of the Leased Premises immediately.
4.2
Access of Landlord to Leased Premises
(A)
SUBJECT TO THE PROVISIONS OF THIS SECTION 4.2, LANDLORD (THROUGH
ITS AUTHORIZED CONTRACTORS, AGENTS OR REPRESENTATIVES) MAY ENTER INTO AND UPON
ANY PART OF THE LEASED PREMISES DURING REASONABLE HOURS AND UPON REASONABLE
NOTICE (WHICH SHALL MEAN (X) EXCEPT CASES OF EMERGENCY, AT LEAST 24 HOURS PRIOR
NOTICE TO TENANT, AND (Y) IN CASES OF EMERGENCY, SUCH PRIOR NOTICE, IF ANY, OR
CONTEMPORANEOUS NOTICE, AS SHALL BE REASONABLE UNDER THE CIRCUMSTANCES), FOR THE
FOLLOWING PURPOSES: (I) TO MAKE SUCH ALTERATIONS OR REPAIRS TO THE PROPERTY AS
LANDLORD IS REQUIRED, OR EXPRESSLY AUTHORIZED, TO MAKE PURSUANT TO THIS LEASE;
(II) TO OTHERWISE PERFORM LANDLORD'S OBLIGATIONS UNDER THIS LEASE; (III) FOR THE
PURPOSE OF SHOWING THE SAME TO EXISTING OR PROSPECTIVE PURCHASERS OR LENDERS;
(IV) AT ANY TIME DURING THE LAST TWELVE (12) MONTHS OF THE TERM
65
(ASSUMING NO FURTHER RENEWAL OPTION IS THEN AVAILABLE TO TENANT), TO SHOW THE
LEASED PREMISES TO PROSPECTIVE TENANTS; AND (V) WITH RESPECT TO ANY PORTION OF
THE LEASED PREMISES WHICH THEN CONSTITUTES SURRENDER SPACE, AT ANY TIME AFTER
LANDLORD'S RECEIPT OF THE NOTICE FROM TENANT RENDERING THE SAME SURRENDER SPACE,
TO SHOW THE SAME TO PROSPECTIVE TENANTS. NOTWITHSTANDING THE FOREGOING, FOR SO
LONG AS LANDLORD SHALL BE PROVIDING ROUTINE JANITORIAL SERVICES TO THE LEASED
PREMISES PURSUANT TO SECTION 3.1(A)(IV) HEREOF, LANDLORD, THROUGH IT CLEANING
CONTRACTOR, SHALL HAVE ACCESS, WITHOUT ANY REQUIREMENT OF NOTICE, TO PERFORM
SUCH ROUTINE JANITORIAL SERVICE.
(B)
WITH RESPECT TO ANY