REGULATIONS OF THE BOARD OF FIRE UNDERWRITERS AND
REQUIREMENTS UNDER THE AMERICANS WITH DISABILITIES ACT AND TITLE 24 (THE
"APPLICABLE LAND USE LAWS AND RESTRICTIONS").
NOTWITHSTANDING SECTION 9.1 OF
THIS LEASE OR ANYTHING HEREIN TO THE CONTRARY, IF LANDLORD HAS FAILED TO
COMPLETE THE DEMISING WALL BY DECEMBER 31, 2001, TENANT SHALL HAVE THE RIGHT,
BUT NOT THE OBLIGATION, AS ITS SOLE AND EXCLUSIVE REMEDY, TO INCUR ANY EXPENSE
REASONABLY NECESSARY TO CONSTRUCT AND/OR COMPLETE THE DEMISING WALL AND DEDUCT
SUCH EXPENSE FROM THE RENT OR OTHER CHARGES NEXT BECOMING DUE.
2.2
CONDITION OF DEMISED PREMISES.
LANDLORD
SHALL DELIVER THE DEMISED PREMISES IN THE CONDITION IN WHICH THEY ARE AS OF THE
DATE OF THIS LEASE, SUBJECT TO THE CONSTRUCTION OF THE DEMISING WALL DESCRIBED
ABOVE, WHICH MAY OR MAY NOT BE COMPLETE AS OF THE COMMENCEMENT DATE.
OTHER THAN
THE DEMISING WALL DESCRIBED ABOVE, TENANT SHALL BE RESPONSIBLE FOR THE
CONSTRUCTION OF ALL TENANT IMPROVEMENTS.
TENANT'S SPACE PLAN IS ATTACHED HERETO
AS EXHIBIT "C."
LANDLORD WARRANTS THAT THE DEMISED PREMISES (AS OF THE
COMMENCEMENT DATE) HAVE BEEN CONSTRUCTED IN A GOOD AND WORKMANLIKE MANNER.
LANDLORD FURTHER WARRANTS THAT THE STRUCTURAL, INTERIOR AND EXTERIOR PORTIONS OF
THE DEMISED PREMISES, THE ROOF, THE PLUMBING, ELECTRICAL, GAS, THE HVAC AND
OTHER UTILITIES SERVICING THE DEMISED PREMISES ARE IN GOOD WORKING CONDITION AND
ORDER ON THE DATE OF THIS LEASE AND ARE IN COMPLIANCE WITH ALL EXISTING LAWS,
CODES, REGULATIONS AND ORDINANCES OF ANY GOVERNMENTAL AUTHORITIES.
TENANT SHALL
HAVE A PERIOD OF THIRTY (30) DAYS FROM THE COMMENCEMENT DATE TO PROVIDE LANDLORD
WITH A LIST OF ANY ASPECTS IN WHICH THE DEMISED PREMISES DO NOT MEET THESE
STANDARDS OF CONDITION.
LANDLORD SHALL BE OBLIGATED WITHIN A REASONABLE AMOUNT
OF TIME (NOT TO EXCEED THIRTY (30) DAYS, OR THE TIME REASONABLY NEEDED TO CURE)
TO CURE SUCH PUNCHLIST ITEMS.
2.3
SQUARE FOOT VERIFICATION.
LANDLORD AND
TENANT HEREBY ACKNOWLEDGE AND AGREE THAT THIS LEASE HAS BEEN EXECUTED BASED ON
THE ASSUMPTION THAT THE DEMISED PREMISES CONSIST OF TWENTY-THREE THOUSAND NINE
HUNDRED EIGHTY-FIVE (23,985) RENTABLE SQUARE FEET.
ALL SUCH REFERENCES TO
RENTABLE SQUARE FOOTAGE REGARDING THE DEMISED PREMISES AND THE BUILDINGS ARE
BASED UPON THE BUILDING OWNERS AND MANAGERS ASSOCIATION ("BOMA") STANDARD METHOD
OF MEASUREMENT.
WITHIN TEN (10) DAYS AFTER THE CONSTRUCTION OF THE DEMISING
WALL, LANDLORD SHALL, AT LANDLORD'S SOLE COST AND EXPENSE, HAVE THE MEASUREMENT
OF THE DEMISED PREMISES VERIFIED BY A LICENSED ARCHITECT, USING BOMA STANDARD
METHOD OF MEASUREMENT, AND, IN THE EVENT THAT THE RENTABLE SQUARE FOOTAGE OR
USABLE SQUARE FOOTAGE OF THE BUILDINGS OR DEMISED PREMISES ARE DIFFERENT FROM
THOSE SET FORTH IN THIS LEASE, ALL AMOUNTS, PERCENTAGES AND FIGURES APPEARING OR
REFERRED TO IN THIS LEASE BASED UPON SUCH INCORRECT AMOUNT (INCLUDING, WITHOUT
LIMITATION, BASE RENT, TENANT'S PERCENTAGE AND PARKING RIGHTS) SHALL BE MODIFIED
IN ACCORDANCE WITH SUCH DETERMINATION.
SUCH MEASUREMENT SHALL OCCUR PROMPTLY
FOLLOWING THE COMPLETION OF THE CONSTRUCTION OF THE DEMISING WALL, AND PROMPTLY
THEREAFTER LANDLORD AND TENANT SHALL EXECUTE AN AMENDMENT TO THIS LEASE
CONFIRMING THE CHANGED