EFFORTS TO DELIVER THE EXPANSION SPACE AS SOON AS
REASONABLY PRACTICABLE THEREAFTER.
(B)
THE BASE RENT RATE PER RENTABLE SQUARE FOOT FOR THE EXPANSION
SPACE SHALL EQUAL (I) THE PROPOSED EXPANSION BASE RENT IF TENANT HAS GIVEN OR IS
DEEMED TO HAVE GIVEN A NOTICE OF ACCEPTANCE OF TERMS, AS DEFINED BELOW, WITH ITS
EXPANSION EXERCISE NOTICE OR (2) IN ALL OTHER CASES, THE PREVAILING MARKET
(HEREINAFTER DEFINED) RATE AS DETERMINED AS SET FORTH BELOW.
BASE RENT
ATTRIBUTABLE TO THE EXPANSION SPACE SHALL BE PAYABLE IN MONTHLY INSTALLMENTS IN
ACCORDANCE WITH THE TERMS AND CONDITIONS OF SECTION 5 OF THIS LEASE.
(C)
TENANT'S PRO RATA SHARE SHALL BE ADJUSTED TO REFLECT THE ADDITION
OF THE EXPANSION SPACE.
32
(D)
TENANT SHALL PAY ADDITIONAL RENT (I.E. TAXES
AND EXPENSES) FOR THE EXPANSION SPACE IN ACCORDANCE WITH SECTION 1.06 AND
SECTION 5 OF THIS LEASE, EXCEPT THAT BASE YEAR FOR TAXES AND BASE YEAR FOR
EXPENSES SHALL BE EQUAL TO THE APPLICABLE FISCAL OR CALENDAR YEAR IN WHICH THE
EXPANSION SPACE COMMENCEMENT DATE OCCURS.
(E)
THE TERM FOR THE EXPANSION SPACE SHALL BE
COTERMINOUS WITH THE TERM FOR THE REMAINDER OF THE PREMISES, AS THE SAME MAY BE
EXTENDED.
(F)
ON OR ABOUT THE EXPANSION SPACE
COMMENCEMENT DATE, AT LANDLORD'S EXPENSE, LANDLORD SHALL DELIVER THE EXPANSION
SPACE IN "AS-IS" CONDITION AND SHALL PROVIDE TENANT WITH AN ALLOWANCE FOR TENANT
IMPROVEMENTS (THE "EXPANSION ALLOWANCE") IN AN AMOUNT EQUAL TO EITHER (I) THE
PROPOSED EXPANSION ALLOWANCE IF A NOTICE OF ACCEPTANCE OF TERMS, AS DEFINED
BELOW, HAS BEEN GIVEN OR IS DEEMED TO HAVE BEEN GIVEN OR (II) IN ALL OTHER
INSTANCES, THE ARM'S LENGTH FAIR MARKET RATE PER RENTABLE SQUARE FOOT FOR
ALLOWANCES GRANTED UNDER LEASES BEING ENTERED INTO BETWEEN UNRELATED THIRD
PARTIES FOR SPACE COMPARABLE TO THE EXPANSION SPACE IN ITS THEN CONDITION IN THE
BUILDING AND OFFICE BUILDINGS COMPARABLE TO THE BUILDING IN THE BOSTON FINANCIAL
DISTRICT AND FOR LEASES WITH BASE RENTS AT THE PREVAILING MARKET RATE AND FOR
LEASES OF SPACE COMPARABLE TO THE EXPANSION SPACE WITH COMPARABLE TERMS.
THE
REQUISITION PROCEDURE SET FORTH IN SECTION 4.03 SHALL APPLY TO THE DISBURSEMENT
OF THE EXPANSION ALLOWANCE.
EXCEPT AS OTHERWISE PROVIDED HEREIN, PROVIDED THAT
LANDLORD USES REASONABLE EFFORTS TO DELIVER THE EXPANSION SPACE IN THE CONDITION
REQUIRED HEREUNDER ON THE EXPANSION SPACE COMMENCEMENT DATE, LANDLORD'S FAILURE
TO DELIVER THE EXPANSION SPACE BY THE EXPANSION SPACE COMMENCEMENT DATE SHALL
NOT BE A DEFAULT BY LANDLORD OR OTHERWISE RENDER LANDLORD LIABLE FOR DAMAGES
EXCEPT AS SET FORTH IN THIS SECTION 29.03.
29.04
INITIAL PROCEDURE FOR DETERMINING PREVAILING MARKET.
TENANT'S EXPANSION
EXERCISE NOTICE SHALL INCLUDE EITHER (I) FINAL BINDING WRITTEN NOTICE TO
LANDLORD OF TENANT'S ACCEPTANCE OF THE BASE RENT AND EXPANSION ALLOWANCE FOR THE
EXPANSION SPACE (THE "NOTICE OF ACCEPTANCE OF TERMS"), OR (II) WRITTEN NOTICE TO
LANDLORD OF TENANT'S DISAGREEMENT WITH LANDLORD'S DETERMINATION (THE "NOTICE OF
DISAGREEMENT ON TERMS").
IF TENANT FAILS TO PROVIDE LANDLORD WITH EITHER A
NOTICE OF ACCEPTANCE OF TERMS OR A NOTICE OF DISAGREEMENT ON TERMS