through December 31, 2015
$34.11
$414,990.79
__________
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS ARTICLE III AND
PROVIDED NO EVENT OF DEFAULT HAS OCCURRED UNDER THIS LEASE, LANDLORD HEREBY
AGREES TO GRANT TENANT AN ABATEMENT OF THE ANNUAL BASE RENT DUE AND PAYABLE
UNDER THIS LEASE DURING THE PERIOD COMMENCING ON THE TENANT OCCUPANCY DATE AND
ENDING ON APRIL 30, 2004 (THE "ABATEMENT").
FROM AND AFTER MAY 1, 2004 (THE
"RENT COMMENCEMENT DATE"), TENANT SHALL PAY THE FULL AMOUNT OF ANNUAL BASE RENT
DUE IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE III; PROVIDED, HOWEVER, IF
AND TO THE EXTENT TENANT IS ACTUALLY DELAYED IN COMPLETING THE LEASEHOLD WORK
PAST THE PROJECTED COMPLETION DATE THEREFOR SET FORTH ON THE APPROVED
CONSTRUCTION SCHEDULE AS A RESULT OF LANDLORD DELAY (AS DEFINED IN EXHIBIT B),
THEN, AS TENANT'S SOLE AND EXCLUSIVE REMEDY THEREFOR, (I)
THE TENANT OCCUPANCY
DATE AND THE RENT COMMENCEMENT DATE SHALL BE EXTENDED ON A DAY FOR DAY BASIS ,
AND (II) LANDLORD SHALL GRANT TO TENANT A RENT ABATEMENT EQUAL TO ONE HUNDRED
PERCENT (100%) OF THE PER DIEM BASE RENT PAYABLE UNDER THE WILSON SUBLEASE
DURING THE FIRST LEASE YEAR ON A DAY FOR DAY BASIS FOR EACH DAY OF LANDLORD
DELAY.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THERE SHALL BE NO
ABATEMENT OR EXTENSION OF THE RENT COMMENCEMENT DATE ON ACCOUNT OF LANDLORD
DELAY TO THE EXTENT THAT ANY PORTION OF THE UNIFIED PREMISES (AS DEFINED IN THE
WORK AGREEMENT ATTACHED HERETO AS EXHIBIT B) IS OCCUPIED OR COULD HAVE BEEN
OCCUPIED FOR TENANT'S BUSINESS OPERATIONS TAKING INTO ACCOUNT TENANT'S
OPERATIONAL REQUIREMENTS IN TRANSITIONING INTO THE BUILDING.
NOTWITHSTANDING
ANYTHING TO THE CONTRARY IN THIS SECTION 3.1(B), THE RENT ESCALATION, AS
REQUIRED BY SECTION 3.2 BELOW, SHALL BE BASED ON THE FULL AND UNABATED AMOUNT OF
RENT PAYABLE FOR THE FIRST (1ST) LEASE YEAR AS SET FORTH IN SECTION 3.1(A)
ABOVE.
[INTENTIONALLY DELETED.]
ALL RENT SHALL BE PAID TO LANDLORD IN LEGAL TENDER OF THE UNITED STATES TO
111 HUNTINGTON AVENUE, BOSTON, MASSACHUSETTS 02199 OR TO SUCH OTHER ADDRESS AS
LANDLORD MAY DESIGNATE FROM TIME TO TIME BY WRITTEN NOTICE TO TENANT.
IF
LANDLORD SHALL AT ANY TIME ACCEPT RENT AFTER IT SHALL BECOME DUE AND PAYABLE,
SUCH ACCEPTANCE SHALL NOT EXCUSE A DELAY UPON SUBSEQUENT OCCASIONS, OR
CONSTITUTE OR BE CONSTRUED AS A WAIVER OF ANY OF LANDLORD'S RIGHTS HEREUNDER.
IF ANY SUM PAYABLE BY TENANT UNDER THIS LEASE IS PAID BY CHECK WHICH IS RETURNED
DUE TO INSUFFICIENT FUNDS, STOP PAYMENT ORDER, OR OTHERWISE, THEN:
(A) SUCH
EVENT SHALL BE TREATED AS A FAILURE TO PAY SUCH SUM WHEN DUE; AND (B) IN
ADDITION TO ALL OTHER RIGHTS AND REMEDIES OF LANDLORD HEREUNDER, LANDLORD SHALL
BE ENTITLED (I) TO IMPOSE A RETURNED CHECK CHARGE OF FIFTY DOLLARS ($50.00) TO
COVER LANDLORD'S ADMINISTRATIVE EXPENSES AND OVERHEAD FOR PROCESSING, AND (II)
TO REQUIRE THAT ALL FUTURE PAYMENTS BE REMITTED BY WIRE TRANSFER, MONEY ORDER,
OR CASHIER'S OR CERTIFIED CHECK.
LANDLORD AND TENANT AGREE THAT NO RENTAL