6 and 7 hereof.
(F)
"SECURITY DEPOSIT":
$0
(G)
"LEASE COMMENCEMENT DATE":
SEE ARTICLE 3.
(H)
"TENANT'S ALLOCATED SHARE":
54.11% TO BE ADJUSTED AS AND WHEN THE
SQUARE FOOTAGE OF THE PREMISES OR BUILDING CHANGES;
"Base Year":
2004.
(I)
"RENTABLE AREA":
PREMISES 28,673 SQ. FT. BUILDING 52,986 SQ. FT.
(J)
"PERMITTED USES":
TENANT'S USE OF THE PREMISES SHALL BE LIMITED
TO GENERAL OFFICE, EXECUTIVE AND ANY OTHER LEGALLY PERMISSIBLE USE, SUBJECT TO
ALL APPLICABLE LAWS AND GOVERNMENTAL RULES AND REGULATIONS AND TO ALL REASONABLE
REQUIREMENTS OF THE INSURERS OF THE BUILDING.
(K)
"BROKER":
INSIGNIA ESG
(L)
"NOTICE ADDRESS/CONTACT"
Tenant:
Prior to Commencement:
MedQuist Inc.
Five Greentree Centre, Suite 311
Marlton, NJ
08053
Attn:
General Counsel
After Commencement:
MedQuist Inc.
1000 Bishops Gate Boulevard
Mt. Laurel, NJ
08054
Attention: General Counsel
Landlord:
Brandywine Operating Partnership, L.P.
401 Plymouth Road, Suite 500
Plymouth Meeting, PA
19462
Attn:
George D. Sowa, Senior Vice President
with a copy to:
Brandywine Realty Trust
401 Plymouth Road, Suite 500
Plymouth Meeting, PA
19462
Attn:
Brad A. Molotsky, General Counsel
(M)
"TENANT'S STANDARD IDENTIFICATION CODE":
(N)
"ADDITIONAL RENT":
ALL SUMS OF MONEY OR CHARGES REQUIRED TO BE
PAID BY TENANT UNDER THIS LEASE OTHER THAN FIXED RENT, WHETHER OR NOT SUCH SUMS
OR CHARGES ARE DESIGNATED AS "ADDITIONAL RENT".
(O)
"RENT":
ALL ANNUAL FIXED RENT, MONTHLY INSTALLMENTS OF ANNUAL
FIXED RENT, FIXED RENT AND ADDITIONAL RENT PAYABLE BY TENANT TO LANDLORD UNDER
THIS LEASE.
2
2.
PREMISES
Landlord does hereby lease, demise and let unto Tenant and Tenant does hereby
hire and lease from Landlord the Premises for the Term, upon the provisions,
conditions and limitations set forth herein.
3.
TERM
(A)
THE TERM OF THIS LEASE SHALL COMMENCE (THE "COMMENCEMENT DATE") ON
THE DATE WHICH IS THE LATER OF (I) APRIL 1, 2004 OR (II) UPON SUBSTANTIAL
COMPLETION OF THE IMPROVEMENTS REQUIRED TO BE MADE BY LANDLORD AND "TENANT'S
WORK", IF ANY UNDER ARTICLE 4 AND "EXHIBIT E" BUT IN ANY EVENT, IF EARLIER, THE
COMMENCEMENT DATE SHALL OCCUR WHEN TENANT, WITH LANDLORD'S PRIOR CONSENT, WHICH
CONSENT SHALL NOT BE UNREASONABLY WITHHELD, ASSUMES POSSESSION OF THE PREMISES
FOR ITS PERMITTED USES.
THE PREMISES SHALL BE DEEMED "SUBSTANTIALLY COMPLETED"
WHEN THE IMPROVEMENTS CALLED FOR BY ARTICLE 4 AND "EXHIBIT E" HAVE BEEN
COMPLETED TO THE EXTENT THAT THE PREMISES MAY BE OCCUPIED BY TENANT FOR ITS
PERMITTED USES, SUBJECT ONLY TO COMPLETION OF MINOR FINISHING, ADJUSTMENT OF
EQUIPMENT, AND OTHER MINOR PUNCHLIST ITEMS AND MINOR CONSTRUCTION ASPECTS, AND
LANDLORD HAS PROCURED A PERMANENT OR TEMPORARY CERTIFICATE OF OCCUPANCY
PERMITTING THE OCCUPANCY OF THE PREMISES, IF REQUIRED BY LAW (HEREAFTER,
"SUBSTANTIALLY COMPLETED").
THE TERM SHALL EXPIRE ON THE LAST DAY OF THE MONTH
WHICH IS 84 MONTHS FROM THE COMMENCEMENT DATE.
THE COMMENCEMENT DATE SHALL BE
CONFIRMED BY LANDLORD AND TENANT BY THE EXECUTION OF A CONFIRMATION OF LEASE
TERM IN THE FORM ATTACHED HERETO AS EXHIBIT "B".
IF TENANT FAILS TO EXECUTE THE
CONFIRMATION OF LEASE TERM WITHIN TWENTY (20) BUSINESS DAYS, LANDLORD'S
REASONABLE DETERMINATION