POSTPONED ONE DAY FOR EACH DAY SUBSTANTIAL COMPLETION IS DELAYED BEYOND SAID
DECEMBER 15, 2002 DATE UNTIL THE P REMISES ARE SUBSTANTIALLY COMPLETE.
NO
LIABILITY WHATSOEVER SHALL ARISE OR ACCRUE AGAINST LANDLORD BY REASON OF ITS
FAILURE TO DELIVER OR AFFORD POSSESSION OF THE PREMISES AND TENANT HEREBY
RELEASES AND DISCHARGES LANDLORD FROM AND OF ANY CLAIMS FOR DAMAGE, LOSS, OR
INJURY OF EVERY KIND WHATSOEVER AS IF THIS LEASE WERE NEVER EXECUTED, TENANT'S
SOLE REMEDY BEING ITS RIGHT TO TERMINATE PURSUANT TO SUBPARAGRAPH 2.01.
IN THE
EVENT THE COMMENCEMENT DATE AND THE EXPIRATION DATE AND THUS THE DATES ON WHICH
BASE RENTAL AND ADDITIONAL RENTAL COMMENCE ARE POSTPONED PURSUANT TO THE
PROVISIONS OF THIS SUBPARAGRAPH 2.02, UPON THE REQUEST OF LANDLORD, TENANT SHALL
EXECUTE A MEMORANDUM CONFIRMING THE COMMENCEMENT DATE, THE EXPIRATION DATE AND
THE COMMENCEMENT DATE OF BASE RENTAL AND ADDITIONAL RENTAL IN THE FORM ATTACHED
HERETO AS EXHIBIT "B" AND BY THIS REFERENCE MADE A PART HEREOF.
2.03.
SUBJECT ONLY TO PUNCHLIST ITEMS IDENTIFIED BY TENANT WITHIN THIRTY (30)
DAYS OF THE DATE OF SUBSTANTIAL COMPLETION AND LATENT DEFECTS. TAKING OF
POSSESSION BY TENANT FOR THE
3
PURPOSE OF CONDUCTING ITS BUSINESS OPERATIONS SHALL BE DEEMED CONCLUSIVELY TO
ESTABLISH THAT SAID TENANT IMPROVEMENTS HAVE BEEN COMPLETED IN ACCORDANCE WITH
THE APPROVED PLANS AND SPECIFICATIONS AND THAT THE PREMISES ARE IN GOOD AND
SATISFACTORY CONDITION, AS OF WHEN POSSESSION WAS SO TAKEN.
NOTWITHSTANDING THE
FOREGOING, TENANT AND/OR TENANT'S VENDORS OR SUBCONTRACTORS MAY ENTER AND OCCUPY
THE PREMISES FOR THE PURPOSE OF INSTALLING FIXTURES AND EQUIPMENT DURING THE
THIRTY (30) DAY PERIOD PRIOR TO THE COMMENCEMENT DATE AND SUCH OCCUPANCY SHALL
NOT BE DEEMED TO BE TAKING OCCUPANCY FOR THE PURPOSES OF CONDUCTING TENANT'S
BUSINESS OPERATIONS.
LANDLORD AGREES TO USE COMMERCIALLY REASONABLE EFFORTS TO
COMPLETE ALL PUNCHLIST ITEMS IDENTIFIED BY TENANT WITHIN THIRTY (30) DAYS AFTER
THE DATE THE SUBJECT PUNCHLIST IS PROVIDED TO LANDLORD.
FURTHERMORE, LANDLORD
ACKNOWLEDGES AND AGREES THAT IT SHALL REQUIRE THE TENANT IMPROVEMENTS CONTRACTOR
TO PROVIDE LANDLORD WITH A ONE (1) YEAR WARRANTY ON ALL MATERIALS AND
WORKMANSHIP UTILIZED IN CONNECTION THEREWITH.
ALTHOUGH LANDLORD SHALL NOT
WARRANT SUCH ITEMS TO TENANT, LANDLORD DOES AGREE TO (I) PROCURE A FORESAID ONE
(1) WARRANTY AS TO WORKMANSHIP MATERIALS AND (II) TAKE ANY AND ALL REASONABLE
ACTIONS NECESSARY TO ENFORCE SUCH WARRANTY AGAINST SAID TENANT IMPROVEMENT
CONTRACTOR IN THE EVENT AND TO THE EXTENT ANY OF SUCH WORKMANSHIP AND/OR
MATERIALS IS FOUND TO BE DEFECTIVE DURING SAID ONE (1) YEAR.
TENANT
ACKNOWLEDGES THAT NO REPRESENTATIONS AS TO THE REPAIR OF PREMISES HAVE BEEN MADE
BY LANDLORD, UNLESS SUCH ARE EXPRESSLY SET FORTH IN THIS LEASE.
2.04.
INTENTIONALLY DELETED
2.05.
PROVIDED THE TENANT IS NOT THEN IN DEFAULT UNDER THIS LEASE BEYOND ANY
APPLICABLE NOTICE AND CURE PERIOD, TENANT SHALL HAVE THE OPTION TO RENEW THIS
LEASE AS TO THE ENTIRE PREMISES FOR ONE (1) FIVE (5) YEAR TERM, SUCH TERM
COMMENCING UPON THE EXPIRATION OF THE THEN CURRENT TERM HEREOF (THE "RENEWAL
OPTION").
TENANT SHALL EXERCISE THE