DISCRETION, TO CAUSE THE PREMISES TO
CONSTITUTE OPEN FLOOR OFFICE SPACE (DEFINED BELOW).
AS USED HEREIN, "OPEN FLOOR
OFFICE SPACE" SHALL MEAN SPACE SUITABLE FOR GENERAL OFFICE USE, WITH A DENSITY
NOT TO EXCEED ONE OCCUPANT PER EACH 250 USABLE SQUARE FEET OF SPACE, IMPROVED
WITH PRIVATE OFFICES FOR APPROXIMATELY TEN PERCENT (10%) OF OCCUPANTS, ONE
CONFERENCE ROOM FOR EVERY TWENTY (20) OCCUPANTS, ONE BREAK ROOM AND ONE COFFEE
ROOM.
ALL TENANT IMPROVEMENTS SHALL BE PERFORMED USING LESSOR'S STANDARD
METHODS, AND USING MATERIALS AND FINISHES OF A QUALITY EQUIVALENT TO OR BETTER
THAN THOSE IN BUILDING 6 AS OF THE DATE HEREOF.
A GENERAL CONTRACTOR SELECTED
BY LESSOR IN ITS SOLE DISCRETION SHALL CONSTRUCT THE TENANT IMPROVEMENTS.
THE
PREMISES SHALL BE DEEMED "READY FOR OCCUPANCY" UPON THE LATER TO OCCUR OF
(I) THE SUBSTANTIAL COMPLETION OF THE PREMISES, OR (II) JANUARY 1, 2007.
FOR
PURPOSES OF THIS LEASE, "SUBSTANTIAL COMPLETION" OF THE PREMISES SHALL OCCUR
UPON THE COMPLETION OF CONSTRUCTION OF THE TENANT IMPROVEMENTS IN THE PREMISES
IN ACCORDANCE WITH THIS SECTION 2.05., WITH THE EXCEPTION OF ANY PUNCH LIST
ITEMS AND ANY FIXTURES, TELEPHONES AND COMPUTERS AND ANY CABLING RELATED
THERETO, PHOTOCOPY MACHINES, WORK-STATIONS, BUILT-IN FURNITURE, OR EQUIPMENT TO
BE INSTALLED BY LESSEE.
FOR PURPOSES OF THIS LEASE, THE TENANT IMPROVEMENTS
SHALL BE DEEMED TO INCLUDE ANY FURNITURE, FIXTURES OR EQUIPMENT, IF ANY,
IDENTIFIED IN THE DESIGNATION NOTICE AND PROVIDED BY LESSOR AS PART OF THE
PREMISES, ALL OF WHICH SHALL BE DELIVERED BY LESSOR TO LESSEE IN THEIR
RESPECTIVE, THEN EXISTING CONDITION, "AS IS, WHERE IS, WITH ALL FAULTS" WITHOUT
ANY REPRESENTATION OR WARRANTY AS TO THE CONDITION THEREOF WHATSOEVER.
LESSEE
SHALL NOT HAVE, OR AT ANY TIME ACQUIRE, ANY RIGHT, TITLE OR INTEREST IN THE
TENANT IMPROVEMENTS, EXCEPT THE RIGHT TO POSSESSION AND USE OF THE TENANT
IMPROVEMENTS DURING THE LEASE TERM.
LESSEE SHALL MAINTAIN THE TENANT
IMPROVEMENTS IN GOOD WORKING ORDER AND CONDITION DURING THE LEASE TERM, AT
LESSEE'S SOLE EXPENSE, ORDINARY WEAR AND TEAR EXCEPTED.
LESSEE SHALL NOT MODIFY
OR ALTER THE TENANT IMPROVEMENTS, OR REMOVE THE TENANT IMPROVEMENTS,
WITHOUT
THE PRIOR WRITTEN CONSENT OF LESSOR AND, UPON THE EXPIRATION OR EARLIER
TERMINATION OF THIS LEASE, LESSEE SHALL DELIVER THE TENANT IMPROVEMENTS TO
LESSOR IN THE SAME CONDITION IN WHICH THEY WERE RECEIVED FROM LESSOR ON THE
COMMENCEMENT DATE, REASONABLE WEAR AND TEAR EXCEPTED.
(B)
LESSEE'S FIXTURING PERIOD.
LESSOR SHALL PROVIDE LESSEE ACCESS TO
THE PREMISES DURING THE THIRTY (30) DAY PERIOD PRIOR TO THE COMMENCEMENT DATE
("LESSEE'S FIXTURING PERIOD") FOR THE PURPOSE OF INSTALLING FURNISHINGS AND
EQUIPMENT, E.G. SECURITY SYSTEM, FURNITURE SYSTEM AND PHONE AND DATA SYSTEM,
PROVIDED, THAT LESSEE AND LESSEE'S EMPLOYEES AND CONTRACTORS SHALL AT ALL TIMES
AVOID INTERFERING WITH LESSOR'S ONGOING WORK TO CAUSE THE PREMISES TO BE READY
FOR OCCUPANCY.
EXCEPT FOR PAYMENT OF BASE RENT AND ADDITIONAL RENT, ALL TERMS
AND PROVISIONS OF THIS LEASE SHALL APPLY DURING LESSEE'S FIXTURING PERIOD,
INCLUDING, WITHOUT LIMITATION, LESSEE'S INDEMNITY AND OTHER OBLIGATIONS SET
FORTH IN SECTIONS 7.07., 7.08. AND 17.22. HEREOF.
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