FOR
THE DURATION OF THE TERM (PROVIDED NO EVENT OF DEFAULT EXISTS BEYOND ANY
APPLICABLE NOTICE OR CURE PERIOD AT THE END OF THE THIRD LEASE YEAR), AS MAY BE
EXTENDED PURSUANT TO THE PROVISIONS OF EXHIBIT F.
1.41
TAX BASE YEAR: THE REAL ESTATE TAXES REQUIRED TO BE PAID THE PERIOD
FROM JULY 1, 2005 THROUGH JUNE 30, 2006, AS INVOICED PURSUANT TO THE FINAL TAX
BILL FOR CALENDAR YEAR 2005.
F-5
1.42
TENANT BILLING ADDRESS: 3 SYLVAN WAY, PARSIPPANY, NEW JERSEY 07078,
ATTENTION: PETER KARPIAK.
1.43
TENANT NOTICE ADDRESS: 7 SYLVAN WAY, PARSIPPANY, NEW JERSEY 07078,
ATTENTION: PETER KARPIAK, UNTIL THE COMMENCEMENT DATE, AFTER WHICH THE TENANT
NOTICE ADDRESS SHALL BE AT THE PREMISES, CONCURRENTLY WITH A DUPLICATE COPY AT
THE PREMISES TO STEVEN L. BARNETT, SENIOR VICE PRESIDENT AND GENERAL COUNSEL.
1.44
TENANT'S AGENTS: ANY ASSIGNEE OR SUBTENANT OF TENANT, AND ANY
EMPLOYEE, AGENT, CONTRACTOR, INVITEE, CLIENT, LICENSEE, CUSTOMER OR GUEST OF
TENANT OR ANY ASSIGNEE OR SUBTENANT OF TENANT.
1.45
TENANT IMPROVEMENT WORK: AS DEFINED IN EXHIBIT B.
1.46
TENANT'S PROPORTIONATE SHARE: 30.7%.
1.47
TERM: AS DEFINED IN SECTION 3.1.
ARTICLE II
PREMISES
2.1
TENANT LEASES THE PREMISES FROM LANDLORD, AND LANDLORD LEASES THE
PREMISES TO TENANT, FOR THE TERM.
IN ADDITION THERETO, TENANT SHALL HAVE THE
NON-EXCLUSIVE RIGHT TO USE THE COMMON AREAS (AS THE SAME MAY BE DESIGNATED BY
LANDLORD FROM TIME TO TIME) DURING THE TERM, SUBJECT TO AND UPON THE TERMS AND
CONDITIONS OF THIS LEASE INCLUDING, WITHOUT LIMITATION, THE RULES AND
REGULATIONS FROM TIME TO TIME PROMULGATED BY LANDLORD OR ANY MANAGING AGENT OF
THE BUILDING.
NOTWITHSTANDING THE FOREGOING, OR ANY OTHER PROVISION OF THIS
LEASE, TENANT'S NON-EXCLUSIVE RIGHT TO USE THE COMMON AREAS SHALL NOT INCLUDE
THE RIGHT TO USE THE ROOF, EXTERIOR WALLS, LAND BENEATH THE BUILDING, MECHANICAL
ROOMS, ELECTRICAL CLOSETS, JANITORIAL CLOSETS, TELEPHONE ROOMS, OR ANY OTHER
PORTIONS OF THE COMMON AREAS NOT GENERALLY MADE AVAILABLE TO ALL TENANTS OF THE
BUILDING, EXCEPT TO THE EXTENT SPECIFICALLY PROVIDED IN THIS LEASE.
LANDLORD
AGREES TO REASONABLY COOPERATE WITH TENANT IN THE REMOVAL OF EXISTING
TELECOMMUNICATIONS WIRING NOT BEING UTILIZED BY LANDLORD IN CONNECTION WITH
OTHER PORTIONS OF THE BUILDING, IF REQUIRED BY TENANT, AND PERMITTING TENANT TO
UTILIZE, ON A NON-EXCLUSIVE BASIS, THOSE SHAFTS, COLUMNS AND CONDUITS WITHIN
SUCH BUILDING AS MAY BE REASONABLY DESIGNATED BY LANDLORD AND WHICH ARE LOCATED
WITHIN THE COMMON AREAS OF THE BUILDING FOR THE PURPOSE OF PERMITTING TENANT TO
INSTALL WIRING FOR SUCH TELECOMMUNICATIONS SERVICES REASONABLY REQUIRED FOR
TENANT'S USE OF ITS PREMISES (INCLUDING ROOF TELECOMMUNICATIONS EQUIPMENT AS
PERMITTED HEREIN).
THE INSTALLATION OF ANY SUCH WIRING ANY CONDUIT THEREFOR
(INCLUDING OBTAINING ANY NECESSARY PERMITS AND APPROVALS FOR SUCH INSTALLATION)
SHALL BE PERFORMED BY TENANT AT TENANT'S SOLE COST AND EXPENSE.
TENANT SHALL BE
RESPONSIBLE FOR THE REMOVAL OF ANY AND ALL WIRING IN THE CEILING, SHAFTS,
COLUMNS AND CONDUITS OF THE PREMISES WHICH WILL NOT BE UTILIZED BY TENANT DURING
THE TERM OF THE LEASE.
LANDLORD SHALL BE RESPONSIBLE AT LANDLORD'S EXPENSE