TENANT, AS ITS SOLE AND EXCLUSIVE REMEDY FOR SUCH DELAY, SHALL BE
REIMBURSED FOR ALL REASONABLE, OUT-OF-POCKET INCREMENTAL COSTS AND EXPENSES,
INCLUDING, WITHOUT LIMITATION, ANY OVERTIME PAYMENTS TO ITS AGENTS OR
CONTRACTORS, INCURRED BY TENANT IN CONNECTION WITH ITS WORK IN THE IMMEDIATE
AREA OF THE DEMISED PREMISES WHERE THE STAIRCASE WORK HAS BEEN PERFORMED,
RESULTING FROM LANDLORD'S DELAY IN THE SUBSTANTIAL COMPLETION OF THE STAIRCASE
WORK.
TENANT SHALL USE REASONABLE EFFORTS TO MODIFY ITS WORK SCHEDULE TO
MINIMIZE SUCH COSTS AND EXPENSES.
IN ADDITION, TENANT AND LANDLORD SHALL MEET
AT THE DEMISED PREMISES ON OR ABOUT NOVEMBER 3, 2008 TO REVIEW LANDLORD'S
PROGRESS ON ITEMS (II) AND (III) OF LANDLORD'S WORK IN SECTION 2.02(B) ABOVE AND
IF THE PARTIES IN THEIR REASONABLE JUDGMENT BELIEVE THAT LANDLORD WILL BE UNABLE
TO HAVE SUBSTANTIALLY COMPLETED ITEMS (II) AND (III) OF LANDLORD'S WORK BY THE
DATE WHICH IS FIVE (5) MONTHS AFTER THE FULL EXECUTION AND DELIVERY OF THIS
LEASE BY LANDLORD AND TENANT, AND PROVIDED SUCH FAILURE TO SUBSTANTIALLY
COMPLETE ITEM (II) OF LANDLORD'S WORK PRECLUDES TENANT FROM PASSING FINAL
INSPECTION AND/OR LATER OBTAINING A CERTIFICATE OF OCCUPANCY (TEMPORARY OR
FINAL) AND LANDLORD SHALL HAVE NOT BEEN DELAYED IN SUBSTANTIALLY COMPLETING
ITEMS (II) AND (III) OF LANDLORD'S WORK BY AN ACT OR OMISSION OF TENANT OR ITS
AGENTS OR CONTRACTORS, AND LANDLORD WOULD HAVE SUBSTANTIALLY COMPLETED
LANDLORD'S WORK HAD IT NOT BEEN FOR SUCH ACT OR OMISSION BY TENANT OR ITS AGENTS
OR CONTRACTORS, TENANT MAY ELECT, FROM AND AFTER SAID MEETING, TO OBTAIN
TEMPORARY SPACE PURSUANT TO THE LICENSE AGREEMENT BETWEEN AMERICAN INSTITUTE OF
CERTIFIED PUBLIC ACCOUNTANTS ("AICPA") AND TENANT FOR TEMPORARY SPACE ON THE
SECOND FLOOR OF THE BUILDING.
IN SUCH CASE, TENANT SHALL BE GRANTED A CREDIT
FOR THE LICENSE FEE ACTUALLY PAID THEREUNDER NOT TO EXCEED $95,285.42 PER MONTH
($25 PER RENTABLE SQUARE FOOT) IF TENANT IS PERMITTED TO LICENSE AND OCCUPIES
45,737 RENTABLE SQUARE FEET AND $126,275 PER MONTH ($25 PER RENTABLE SQUARE
FOOT) IF TENANT IS PERMITTED TO LICENSE AND OCCUPIES 60,612 RENTABLE SQUARE
FEET, FROM THE COMMENCEMENT DATE OF SUCH LICENSE UNTIL THE DATE SUCH LICENSE
AGREEMENT HAS EXPIRED (BUT IN NO EVENT LATER THAN MAY 31, 2009), AND TENANT'S
REASONABLE OCCUPANCY COSTS OF SUCH TEMPORARY SPACE, NOT TO EXCEED $10 PER
RENTABLE SQUARE FOOT (TAKING INTO ACCOUNT ANY REDUCTION IN THE ACTUAL SQUARE
FOOTAGE COVERED BY THE LICENSE AGREEMENT IF TENANT EXERCISES THE 2ND FLOOR
EXPANSION OPTION).
NOTWITHSTANDING THE FOREGOING, IF TENANT EXERCISES THE
2ND FLOOR EXPANSION OPTION PURSUANT TO ARTICLE 42, THEN LANDLORD'S MONTHLY
REIMBURSEMENT OBLIGATION SHALL BE REDUCED BY THE AMOUNT OF $64,660.42 PER
MONTH.
THE AFOREMENTIONED RENT CREDIT SHALL BE TENANT'S SOLE AND EXCLUSIVE
REMEDY FOR SUCH DELAY, AND SUCH AMOUNT SHALL BE APPLIED TO THE FIRST MONTHLY
INSTALLMENTS OF BASIC ANNUAL RENT ACCRUING UNDER THIS LEASE AFTER THE RENT
COMMENCEMENT DATE.
2.04
LANDLORD MAY SUBMIT TO TENANT A WRITTEN
AGREEMENT, SUBSTANTIALLY IN THE FORM ANNEXED AS SCHEDULE H, CONFIRMING THE DATE
FIXED BY LANDLORD, IN ACCORDANCE WITH THE PROVISIONS