TO
TENANT.
SUBSTITUTIONS OF THE LETTER OF CREDIT SHALL BE MADE IN A MANNER SUCH
THAT AT ALL TIMES ONE OF THE LETTERS OF CREDIT (BUT NOT BOTH) IS IN FULL FORCE
AND EFFECT AND MAY BE DRAWN UPON (AS PERMITTED HEREBY).
IN NO EVENT SHALL THE
AMOUNT OF THE LETTER OF CREDIT BE REDUCED UNLESS THE ISSUING BANK RECEIVES PRIOR
WRITTEN NOTICE FROM LANDLORD AUTHORIZING A REDUCTION BY A CERTAIN AMOUNT (IT
BEING UNDERSTOOD THAT IN NO EVENT SHALL THE REDUCTION EXCEED THE AMOUNT SO
AUTHORIZED BY LANDLORD).
NOTWITHSTANDING ANYTHING IN THIS ARTICLE TO THE
CONTRARY, IF THREE (3) OR MORE MONETARY EVENTS OF DEFAULT OR FIVE (5) OF MORE
MATERIAL NON-MONETARY EVENTS OF DEFAULT HAVE OCCURRED (WHETHER OR NOT THE SAME
ARE LATER CURED), THEN THERE SHALL OCCUR NO REDUCTION IN THE SECURITY DEPOSIT.
IN THE EVENT OF THE SALE OR TRANSFER OF LANDLORD'S INTEREST IN THE
BUILDING, LANDLORD SHALL HAVE THE RIGHT TO TRANSFER THE SECURITY DEPOSIT TO THE
PURCHASER OR ASSIGNEE.
IF LANDLORD TRANSFERS THE SECURITY DEPOSIT TO A
PURCHASER OR ASSIGNEE WHO EXPRESSLY ASSUMES LIABILITY THEREFOR, TENANT SHALL
LOOK ONLY TO SUCH PURCHASER OR ASSIGNEE FOR THE RETURN OF THE SECURITY DEPOSIT,
AND LANDLORD SHALL THEREUPON BE RELEASED FROM ALL LIABILITY TO TENANT FOR THE
RETURN OF THE SECURITY DEPOSIT.
IF THE SECURITY DEPOSIT IS IN THE FORM OF A
LETTER OF CREDIT, THEN TENANT SHALL, WITHIN TEN (10) BUSINESS DAYS AFTER
LANDLORD'S REQUEST THEREFOR, HAVE THE LETTER OF CREDIT AMENDED OR REISSUED BY
THE ISSUER TO INDICATE THE NEW BENEFICIARY.
TENANT HEREBY ACKNOWLEDGES THAT TENANT WILL NOT LOOK TO THE HOLDER OF ANY
MORTGAGE (AS DEFINED IN SECTION 21.1) ENCUMBERING THE BUILDING FOR RETURN OF THE
SECURITY DEPOSIT IF SUCH HOLDER, OR ITS SUCCESSORS OR ASSIGNS, SHALL SUCCEED TO
THE OWNERSHIP OF THE BUILDING, WHETHER BY FORECLOSURE OR DEED IN LIEU THEREOF,
EXCEPT IF AND TO THE EXTENT THE SECURITY DEPOSIT IS ACTUALLY TRANSFERRED TO SUCH
HOLDER.
USE OF PREMISES
TENANT SHALL USE AND OCCUPY THE PREMISES SOLELY FOR GENERAL OFFICE
USE, INCLUDING ANCILLARY USES THERETO THAT ARE CONSISTENT WITH THE CHARACTER OF
THE BUILDING AND LEGAL REQUIREMENTS, WHICH USES MAY INCLUDE, WITHOUT LIMITATION,
DATA CENTER, OPERATION OF A SENSITIVE COMPARTMENTED INFORMATION FACILITY,
TRAINING, EMPLOYEE/BUILDING INVITEE CAFETERIA/IN-HOUSE FOOD SERVICE, OPERATIONS
CENTER, COFFEE AND VENDING USES, LIGHT ASSEMBLY FOR MODIFICATION AND TESTING OF
COMPUTERS AND RELATED EQUIPMENT, EXERCISE FACILITY AND CONFERENCE CENTER, AND
FOR NO OTHER USE OR PURPOSE.
TENANT SHALL NOT USE OR OCCUPY THE PREMISES FOR
ANY UNLAWFUL PURPOSE OR IN ANY MANNER THAT WILL CONSTITUTE WASTE, NUISANCE OR
UNREASONABLE ANNOYANCE TO THE LANDLORD OR OTHER TENANTS OF THE BUILDING.
TENANT
SHALL COMPLY WITH ALL LEGAL REQUIREMENTS) CONCERNING THE USE, OCCUPANCY OR
CONDITION OF THE PREMISES AND ALL MACHINERY, EQUIPMENT AND FURNISHINGS THEREIN,
INCLUDING, BUT NOT LIMITED TO THE AMERICANS WITH DISABILITIES ACT AND
REGULATIONS PROMULGATED FROM TIME TO TIME THEREUNDER (THE "ADA").
IF ANY SUCH
LEGAL REQUIREMENT REQUIRES AN OCCUPANCY OR USE PERMIT OR LICENSE FOR THE
PREMISES AND THE OPERATION OF