to invalidate Tenant's exercise of the subject Expansion Space Option, then
Tenant's notice of exercise of the subject Expansion Space Option shall be
invalid; provided, however, such invalidation shall not prevent Tenant from
later exercising an Expansion Space Option through the last day permitted for
the same under this Section 41.
If Landlord does not timely and properly
deliver any such notice of invalidation to Tenant during the existence of a
Material Default, then Tenant's prior exercise of the subject Expansion Space
Option shall remain valid and in effect.
It is agreed that time shall be of the
essence in Landlord's delivery of an invalidation notice to Tenant in accordance
with this Section 41, and if any such notice is not so timely and properly
delivered within the period specified above, Tenant will rely to its detriment
on Landlord's failure to give such notice.
E.
Execution of Lease Amendment.
Within
thirty (30) days after the date Tenant gives notice to Landlord of the exercise
of any of Tenant's such options hereunder, Landlord and Tenant shall execute an
amendment to this Lease setting forth the terms set forth in this Section 41 as
to the Expansion Space
73
in question.
Notwithstanding the failure of either party to execute the
above-referenced amendment within the above-referenced thirty (30) day period,
both parties shall be bound by Tenant's exercise of the subject option.
42.
[Intentionally omitted.]
43.
ACCESS KEYS.
LANDLORD AGREES, AT ITS COST, TO PROVIDE TENANT WITH FOUR (4) ACCESS CONTROL KEY
CARDS FOR EACH 1,000 RENTABLE SQUARE FEET COMPRISING THE PREMISES.
SUCH ACCESS
CONTROL KEYS SHALL BE PROVIDED AS OF THE LEASE COMMENCEMENT DATE, OR SUCH LATER
DATE AS TENANT MAY REQUEST.
ADDITIONAL ACCESS CONTROLLED KEY CARDS SHALL BE
PROVIDED BY LANDLORD TO TENANT UPON TENANT'S REQUEST, AND THE COST OF THE SAME
SHALL BE REIMBURSED BY TENANT TO LANDLORD AS ADDITIONAL RENT HEREUNDER, AT
LANDLORD'S REASONABLE COST THEREFORE.
44.
LANDLORD REPRESENTATIONS.
LANDLORD HEREBY REPRESENTS, WARRANTS AND COVENANTS TO AND WITH TENANT THAT, AS
OF THE DATE OF LANDLORD'S EXECUTION OF THIS LEASE: (I) LANDLORD HAS THE FULL
RIGHT, POWER AND AUTHORITY TO ENTER INTO THIS LEASE AND TO PERFORM EACH AND ALL
OF THE TERMS, PROVISIONS, COVENANTS, AGREEMENTS, MATTERS AND THINGS HEREIN
PROVIDED TO BE PERFORMED BY LANDLORD AND TO EXECUTE AND DELIVER ALL DOCUMENTS
PROVIDED HEREIN TO BE EXECUTED AND DELIVERED BY LANDLORD; (II) THIS LEASE DOES
NOT, NOR WILL THE PERFORMANCE BY LANDLORD OF ITS OBLIGATIONS HEREUNDER,
CONTRAVENE ANY PROVISION OF ANY EXISTING LAW, COVENANT, INDENTURE OR AGREEMENT
BINDING UPON LANDLORD OR UPON THE BUILDING, THE LAND OR, TO THE BEST OF
LANDLORD'S KNOWLEDGE, THE COMPLEX; (III) THE SIGNATORIES OF THIS LEASE ON BEHALF
OF LANDLORD ARE AUTHORIZED TO SIGN THIS LEASE ON LANDLORD'S BEHALF; (IV) THERE
IS NO LITIGATION PENDING, OR TO THE BEST OF LANDLORD'S ACTUAL KNOWLEDGE,
THREATENED PERTAINING TO LANDLORD, THE BUILDING, THE LAND OR THE COMPLEX; (V) TO
THE BEST OF LANDLORD'S KNOWLEDGE, AS OF THE DATE OF THIS LEASE, THERE ARE NO
SUITS,