THEY MAY BE REVISED PURSUANT TO PARAGRAPH 2.02.
IF LANDLORD, FOR ANY
REASON WHATSOEVER, CANNOT DELIVER POSSESSION OF THE PREMISES TO TENANT ON OR
BEFORE DECEMBER 15, 2002, THIS LEASE SHALL NOT BE VOID OR VOIDABLE, NOR
2
SHALL LANDLORD BE LIABLE TO TENANT FOR ANY LOSS, COST, DAMAGE OR EXPENSE
RESULTING THEREFROM, BUT IN THAT EVENT, SUBJECT TO THE PROVISIONS OF EXHIBIT G
ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF, ALL BASE RENTAL AND
ADDITIONAL RENTAL DUE HEREUNDER SHALL BE WAIVED FOR THE PERIOD BETWEEN DECEMBER
15, 2002 AND THE TIME WHEN LANDLORD IS DEEMED TO HAVE DELIVERED POSSESSION
PURSUANT TO THE TERMS OF SUBPARAGRAPH 2.02 HEREOF.
SUBJECT TO THE SENTENCE
IMMEDIATELY FOLLOWING, TENANT AGREES THAT SUCH WAIVER OF BASE RENTAL AND
ADDITIONAL RENTAL SHALL BE ITS SOLE AND EXCLUSIVE REMEDY FOR LANDLORD'S
INABILITY TO DELIVER POSSESSION OF THE PREMISES BY DECEMBER 15, 2002 OR ANY TIME
THEREAFTER.
IF POSSESSION OF THE PREMISES HAS NOT BEEN DELIVERED TO TENANT ON
OR BEFORE MARCH 15, 2003 FOR ANY REASON WHATSOEVER, TENANT AT ITS OPTION, AT ANY
TIME THEREAFTER BUT PRIOR TO THE DELIVERY OF POSSESSION, MAY TERMINATE THIS
LEASE BY NOTICE TO LANDLORD AND TENANT SHALL THEREUPON BE RELEASED FROM ALL
OBLIGATIONS UNDER THIS LEASE; PROVIDED, HOWEVER, IN THE CASE OF TERMINATION BY
TENANT, SAID.
MARCH 15, 2003 DEADLINE SHALL BE EXTENDED BY ANY PERIOD OF TENANT
CAUSED DELAYS AS DEFINED IN EXHIBIT G HEREOF.
2.02.
THE PREMISES SHALL BE DEEMED COMPLETED, LANDLORD SHALL BE DEEMED TO HAVE
DELIVERED POSSESSION OF THE PREMISES, TENANT SHALL BE DEEMED TO HAVE TAKEN
OCCUPANCY AND BASE RENTAL AND ADDITIONAL RENTAL SHALL BEGIN TO ACCRUE ON THE
COMMENCEMENT DATE, AS SPECIFIED IN THE BASIC LEASE INFORMATION.
ANY TENANT
IMPROVEMENTS IN THE PREMISES SHALL BE DEEMED SUBSTANTIALLY COMPLETE IN
SUBSTANTIAL ACCORDANCE WITH THE APPROVED PLANS AND SPECIFICATIONS ON THE EARLIER
OF (A) THE DATE THE TENANT IMPROVEMENTS ARE SUBSTANTIALLY COMPLETED SO THAT
TENANT IS ABLE TO OCCUPY THE PREMISES FOR THE CONDUCT OF ITS BUSINESS WITHOUT
MATERIAL INTERFERENCE THERETO AND A CERTIFICATE OF OCCUPANCY HAS BEEN ISSUED FOR
THE PREMISES, PROVIDED SUCH DATE OCCURS NOT EARLIER THAN TEN (10) BUSINESS DAYS
FOLLOWING LANDLORD'S WRITTEN NOTICE TO TENANT IDENTIFYING SUCH DATE, OR (B) THE
DATE TENANT COMMENCES OCCUPANCY OF THE PREMISES FOR THE PURPOSES OF CONDUCTING
ITS BUSINESS OPERATIONS.
THE FACT THAT CERTAIN MINOR ITEMS COMMONLY CONSIDERED
PUNCHLIST ITEMS IN THE CONSTRUCTION INDUSTRY REMAIN TO BE CORRECTED OR FINISHED
SHALL NOT RENDER ANY TENANT IMPROVEMENTS LESS THAN SUBSTANTIALLY COMPLETE SO
LONG AS SUCH UNFINISHED ITEMS DO NOT, IN THE AGGREGATE, MATERIALLY AFFECT
TENANT'S ABILITY TO CONDUCT ITS BUSINESS OPERATIONS.
LANDLORD SHALL USE
REASONABLE SPEED AND DILIGENCE TO SUBSTANTIALLY COMPLETE THE TENANT IMPROVEMENTS
AND HAVE THE PREMISES READY FOR OCCUPANCY ON OR BEFORE DECEMBER 15, 2001. IF THE
PREMISES ARE NOT DEEMED SUBSTANTIALLY COMPLETE BY DECEMBER 15, 2002, SUCH
FAILURE TO COMPLETE SHALL NOT IN ANY WAY AFFECT THE OBLIGATION OF TENANT
HEREUNDER EXCEPT THAT THE COMMENCEMENT DATE AND EXPIRATION DATE SHALL BE