THAT A LAW APPLICABLE TO THE LANDLORD WORK IS IN EFFECT AS OF THE APPLICABLE
DELIVERY DATE BUT SUCH LAW PROVIDES A WINDOW OF TIME FOR COMPLIANCE TO TAKE
PLACE THEREBY NOT REQUIRING COMPLIANCE ON THE DELIVERY DATE BUT PERMITTING
COMPLIANCE AT SOME LATER POINT DURING THE TERM, LANDLORD WILL BE RESPONSIBLE FOR
SUCH COMPLIANCE, AND FOR THE COST THEREOF, BY THE DATE REQUIRED SUCH LAW.
4.08
NOTWITHSTANDING THE FOREGOING, SO LONG AS TENANT IS
NOT IN DEFAULT UNDER THIS LEASE BEYOND NOTICE AND CURE PERIODS AND THIS LEASE IS
IN FULL FORCE AND EFFECT, IF LANDLORD DEFAULTS IN ITS OBLIGATION TO FUND ANY
PORTION(S) OF THE LANDLORD'S CONTRIBUTION WHEN REQUIRED UNDER THIS LEASE (A
"LANDLORD'S CONTRIBUTION DEFAULT"), TENANT MAY CLAIM A LANDLORD'S CONTRIBUTION
DEFAULT BY WRITTEN NOTICE TO LANDLORD AND TO ANY MORTGAGEE, AS DEFINED IN
SECTION 24, HOLDING A FIRST MORTGAGE ON THE BUILDING (AS TO WHICH MORTGAGEE
LANDLORD HAS, BY NOTICE TO TENANT, PROVIDED AN ADDRESS FOR NOTICES), AND IF
NEITHER LANDLORD NOR SUCH MORTGAGEE CURES SUCH LANDLORD'S CONTRIBUTION DEFAULT
WITHIN THIRTY (30) DAYS OF LANDLORD'S RECEIPT OF TENANT'S CLAIM OF A LANDLORD'S
CONTRIBUTION DEFAULT AND NEITHER LANDLORD NOR SUCH MORTGAGEE DISPUTES THE
VALIDITY OF THE CLAIMED LANDLORD'S CONTRIBUTION DEFAULT BY NOTICE TO TENANT
WITHIN TEN (10) DAYS OF LANDLORD'S RECEIPT OF TENANT'S CLAIM OF A LANDLORD'S
CONTRIBUTION DEFAULT, THEN UPON THE EXPIRATION OF SUCH THIRTY-DAY PERIOD
FOLLOWING SUCH NOTICE, TENANT SHALL BE ENTITLED TO FUND SUCH AMOUNTS WHEREUPON
TENANT SHALL HAVE THE RIGHT TO OFFSET THE AMOUNTS SO FUNDED AGAINST INSTALLMENTS
OF RENT NEXT COMING DUE HEREUNDER.
NOTWITHSTANDING THE FOREGOING, IF LANDLORD
OR ITS MORTGAGEE DISPUTES ANY SUCH CLAIM, BUT DOES NOT DISPUTE THE VALIDITY OF
THE ENTIRE AMOUNT CLAIMED, ANY PORTIONS THEREOF NOT SO DISPUTED SHALL NOT BE
WITHHELD FROM ANY SUCH FUNDING OR, SHALL BE SUBJECT TO THE TENANT'S OFFSET RIGHT
REFERENCED ABOVE.
IN ADDITION TO THE FOREGOING, AND WITHOUT REGARD TO THE
EXISTENCE (OR NON-EXISTENCE) OF A LANDLORD DEFAULT UNDER THIS SECTION OR
ELSEWHERE IN THE LEASE, TENANT SHALL HAVE THE UNCONDITIONAL RIGHT TO OFFSET
AGAINST INSTALLMENTS OF RENT NEXT COMING DUE, AND ALL OUT-OF-POCKET ATTORNEY'S
FEES INCURRED BY TENANT IN CONNECTION WITH TENANT'S OBLIGATION TO PROVIDE
ESTOPPEL CERTIFICATES UNDER THE TERMS AND CONDITIONS OF AN SNDA (AS DEFINED IN
SECTION 24 BELOW) WITH RESPECT TO THIS SECTION.
4.09
THIS SECTION 4 SHALL NOT BE DEEMED APPLICABLE TO
ANY ADDITIONAL SPACE ADDED TO THE PREMISES AT ANY TIME OR FROM TIME TO TIME,
WHETHER BY ANY OPTIONS UNDER THIS LEASE OR OTHERWISE, OR TO ANY PORTION OF THE
ORIGINAL PREMISES OR ANY ADDITIONS TO THE PREMISES IN THE EVENT OF A RENEWAL OR
EXTENSION OF THE ORIGINAL TERM OF THIS LEASE, WHETHER BY ANY OPTIONS UNDER THIS
LEASE OR OTHERWISE.
IF TENANT PROPERLY EXERCISES ITS RIGHTS UNDER THIS LEASE TO
ADD SPACE OUTSIDE OF THE INITIAL PREMISES OR THE ADDITIONAL PREMISES, SUCH
ADDITIONAL SPACE SHALL BE DELIVERED IN ITS THEN "AS-IS" CONDITION EXCEPT IN THE
CASE OF AN EXERCISE OF A RIGHT OF