PURPOSE OF
THIS PROVISION, A "QUALIFYING LEASE" SHALL INCLUDE (A) ANY NEW LEASE EXECUTED BY
LANDLORD WITH A NEW TENANT FOR SPACE IN THE BUILDING, (B) ANY NEW LEASE OR LEASE
AMENDMENT FOR EXPANSION SPACE (BUT ONLY TO THE EXTENT OF SUCH EXPANSION) FOR AN
EXISTING TENANT IN THE BUILDING, OR (C) A LEASE EXECUTED BY LANDLORD WITH A
THIRD PARTY FOR THE CURRENT MANAGEMENT OFFICE LOCATED IN SUITE
OF THE
BUILDING.
ON THE RENT COMMENCEMENT DATE UNDER EACH QUALIFYING LEASE, MONTHLY
RENT SHALL BE REDUCED ON THE SAME DATE BY AN AMOUNT (APPROPRIATELY PRORATED WITH
RESPECT TO ANY PARTIAL MONTH) EQUAL TO THE LESSER OF (I) ONE-TWELFTH (1/12) OF
THE PRODUCT OF THE AREA OF THE SPACE LEASED AND $10.96, AND (II) THE MONTHLY
BASE RENT PAYABLE DURING THE APPLICABLE MONTH UNDER SAID QUALIFYING LEASE.
5.
TENANT FINISH IMPROVEMENTS.
LANDLORD SHALL NOT BE OBLIGATED TO
CONSTRUCT ANY TENANT FINISH IMPROVEMENTS TO THE PREMISES.
LANDLORD SHALL
DELIVER AND TENANT SHALL ACCEPT THE PREMISES IN "AS-IS" CONDITION.
6.
DELIVERY OF POSSESSION; ADJUSTMENT OF TERM.
LANDLORD SHALL
DELIVER THE PREMISES TO TENANT ON THE EFFECTIVE DATE.
7.
USE OF THE PREMISES.
TENANT SHALL NOT HAVE THE RIGHT TO OCCUPY
THE PREMISES AND SHALL HAVE NO LIABILITY OR RESPONSIBILITY WITH RESPECT THERETO,
OTHER THAN TO PAY RENT IN ACCORDANCE WITH THIS LEASE.
8.
FIRE OR OTHER CASUALTY; CASUALTY INSURANCE.
(A)
SUBSTANTIAL DESTRUCTION OF THE BUILDING.
IF THE BUILDING SHOULD
BE SUBSTANTIALLY DESTROYED (WHICH, AS USED HEREIN, MEANS DESTRUCTION OR DAMAGE
TO AT LEAST SEVENTY-FIVE PERCENT (75%) OF THE BUILDING) BY FIRE OR OTHER
CASUALTY, EITHER PARTY HERETO MAY, AT ITS OPTION, TERMINATE THIS LEASE BY GIVING
WRITTEN NOTICE THEREOF TO THE OTHER PARTY WITHIN THIRTY (30) DAYS OF SUCH
CASUALTY.
IN SUCH EVENT, THE RENT SHALL BE APPORTIONED TO AND SHALL CEASE AS OF
THE DATE OF SUCH CASUALTY.
IF NEITHER PARTY EXERCISES THIS OPTION, THEN THE
PREMISES SHALL BE RECONSTRUCTED AND RESTORED, AT LANDLORD'S EXPENSE, TO
SUBSTANTIALLY THE SAME CONDITION AS THEY WERE PRIOR TO THE CASUALTY.
(B)
SUBSTANTIAL DESTRUCTION OF THE PREMISES.
IF THE PREMISES SHOULD
BE SUBSTANTIALLY DESTROYED, OR RENDERED WHOLLY UNTENANTABLE FOR THE PURPOSE FOR
WHICH THEY WERE LEASED, BY FIRE OR OTHER CASUALTY AND THE BUILDING IS NOT
SUBSTANTIALLY DESTROYED AS PROVIDED ABOVE, THEN THIS LEASE SHALL TERMINATE AS OF
THE DATE OF THE CASUALTY, WHICH TERMINATION SHALL BE EXERCISED BY WRITTEN NOTICE
TO BE GIVEN BY EITHER PARTY TO THE OTHER PARTY WITHIN THIRTY (30) DAYS
THEREFROM.
UPON SUCH TERMINATION, RENT SHALL BE APPORTIONED TO AND SHALL CEASE
AS OF THE DATE OF THE CASUALTY.
(C)
PARTIAL DESTRUCTION OF THE PREMISES.
IF THE PREMISES IS NOT
SUBSTANTIALLY DESTROYED, BY FIRE OR OTHER CASUALTY, RENT SHALL BE ABATED IN THE
PROPORTION WHICH THE APPROXIMATE AREA OF THE DAMAGED PART BEARS TO THE TOTAL
AREA IN THE PREMISES FROM THE DATE OF THE CASUALTY UNTIL THE DAMAGED PART OF THE
PREMISES IS RECONSTRUCTED OR RESTORED (IF SUCH DAMAGED PART OF THE PREMISES IS
RECONSTRUCTED OR RESTORED AT LANDLORD'S