TO LANDLORD), IF THE INITIAL TERM OF THIS LEASE OR THE
INITIAL TERM PLUS EXTENSION TERMS GRANTED EXCEED, IN THE AGGREGATE, SEVEN
(7) YEARS.
IF THIS LEASE IS TERMINATED BEFORE THE TERM EXPIRES, UPON LANDLORD'S
REQUEST THE PARTIES SHALL EXECUTE, DELIVER AND RECORD AN INSTRUMENT
ACKNOWLEDGING THE ABOVE AND THE DATE OF THE TERMINATION OF THIS LEASE, AND
TENANT APPOINTS LANDLORD ITS ATTORNEY-IN-FACT IN ITS NAME AND BEHALF TO EXECUTE
THE INSTRUMENT IF TENANT SHALL FAIL TO EXECUTE AND DELIVER THE INSTRUMENT AFTER
LANDLORD'S REQUEST THEREFOR WITHIN TEN (10) DAYS.
28.10
WITHIN FIFTEEN (15) DAYS AFTER LANDLORD'S REQUEST,
TENANT WILL FURNISH TENANT'S MOST RECENT AUDITED FINANCIAL STATEMENTS (INCLUDING
ANY NOTES TO THEM) TO LANDLORD, OR, IF NO SUCH AUDITED STATEMENTS HAVE BEEN
PREPARED, SUCH OTHER FINANCIAL STATEMENTS (AND NOTES TO THEM) AS MAY HAVE BEEN
PREPARED BY AN INDEPENDENT CERTIFIED PUBLIC ACCOUNTANT OR, FAILING THOSE,
TENANT'S INTERNALLY PREPARED FINANCIAL STATEMENTS; PROVIDED, HOWEVER, SO LONG AS
TENANT IS A PUBLICLY TRADED COMPANY, LANDLORD AGREES THAT THE THEN MOST RECENT
FORM 10-K (OR SIMILAR FORM FILED WITH THE SEC) MAY BE PROVIDED TO LANDLORD IN
LIEU OF SUCH FINANCIAL STATEMENTS. NOTWITHSTANDING THE FOREGOING, TENANT SHALL
HAVE NO OBLIGATION TO PROVIDE TO LANDLORD FINANCIAL STATEMENTS AS PROVIDED IN
THE PRECEDING SENTENCE MORE OFTEN THAN ONCE PER YEAR DURING THE TERM. TENANT
WILL DISCUSS ITS FINANCIAL STATEMENTS WITH LANDLORD AND WILL GIVE LANDLORD
ACCESS TO TENANT'S BOOKS AND RECORDS IN ORDER TO ENABLE LANDLORD TO VERIFY THE
FINANCIAL STATEMENTS. LANDLORD WILL NOT DISCLOSE ANY ASPECT OF TENANT'S
FINANCIAL STATEMENTS THAT TENANT DESIGNATES TO LANDLORD AS CONFIDENTIAL EXCEPT
(1) TO LANDLORD'S LENDERS OR PROSPECTIVE PURCHASERS OF THE BUILDING, (2) IN
LITIGATION BETWEEN LANDLORD AND TENANT, AND (3) IF REQUIRED BY COURT ORDER.
28.11
WHENEVER TENANT REQUESTS LANDLORD TO TAKE ANY ACTION
OR GIVE ANY CONSENT REQUIRED OR PERMITTED UNDER THIS LEASE, TENANT WILL
REIMBURSE LANDLORD, AS ADDITIONAL RENT, FOR LANDLORD'S REASONABLE COSTS INCURRED
IN REVIEWING THE PROPOSED ACTION OR CONSENT, INCLUDING, WITHOUT LIMITATION,
REASONABLE ATTORNEYS', ENGINEERS' OR ARCHITECTS' FEES, WITHIN THIRTY (30) DAYS
AFTER LANDLORD'S DELIVERY TO TENANT OF A STATEMENT OF SUCH COSTS. TENANT WILL BE
OBLIGATED TO MAKE SUCH REIMBURSEMENT WITHOUT REGARD TO WHETHER LANDLORD CONSENTS
TO ANY SUCH PROPOSED ACTION.
22
28.12
TENANT AND ITS TELECOMMUNICATIONS COMPANIES, INCLUDING BUT NOT
LIMITED TO LOCAL EXCHANGE TELECOMMUNICATIONS COMPANIES AND ALTERNATIVE ACCESS
VENDOR SERVICES COMPANIES SHALL HAVE NO RIGHT OF ACCESS TO AND WITHIN THE
BUILDING, FOR THE INSTALLATION AND OPERATION OF TELECOMMUNICATIONS SYSTEMS
INCLUDING BUT NOT LIMITED TO VOICE, VIDEO, DATA, AND ANY OTHER
TELECOMMUNICATIONS SERVICES PROVIDED OVER WIRE, FIBER OPTIC, MICROWAVE,
WIRELESS, AND ANY OTHER TRANSMISSION SYSTEMS, FOR PART OR ALL OF TENANT'S
TELECOMMUNICATIONS WITHIN THE BUILDING AND FROM THE BUILDING TO ANY OTHER
LOCATION WITHOUT LANDLORD'S PRIOR WRITTEN CONSENT. LANDLORD SHALL NOT
UNREASONABLY WITHHOLD ITS CONSENT TO THE INSTALLATION AND OPERATION OF SUCH
TELECOMMUNICATIONS SYSTEMS, TELECOMMUNICATION SERVICES AND/OR TRANSMISSION
SYSTEMS IF LOCATED ENTIRELY WITHIN THE PREMISES; OTHERWISE, LANDLORD MAY
WITHHOLD OR DELAY ITS CONSENT IN ITS SOLE DISCRETION.
28.13
TENANT ACKNOWLEDGES