ELEVATORS.
IF AVAILABILITY OF THE FREIGHT ELEVATOR IS INTERRUPTED DUE
TO A REQUIRED REPAIR, THE MOVE IN PERIOD SHALL BE EXTENDED BY ONE DAY FOR EACH
DAY OF SUCH INTERRUPTION, AND SUCH INTERRUPTION SHALL BE CONSIDERED A "LANDLORD
DELAY" FOR THE PURPOSES OF SECTION 3.1(B) BELOW, SUBJECT TO THE FOLLOWING
SENTENCE. IF THE ELEVATOR SERVICE COMPANY DETERMINES THAT SERVICE WAS REQUIRED
DURING THE MOVE IN PERIOD DUE TO EXCESSIVE WEIGHT OF FREIGHT, MISUSE OF ELEVATOR
DOORS, OR SIMILAR MISUSE, AND IT IS REASONABLY APPARENT THAT USE OR MISUSE BY
TENANT OR TENANT'S CONTRACTORS OR VENDORS, RATHER THAN BY LANDLORD OR OTHER
TENANTS OF THE PROJECT, RESULTED IN THE REQUIRED SERVICE CALL, THEN TENANT SHALL
PAY THE COST OF THE REQUIRED REPAIR AND SERVICE CALL, AND THERE SHALL BE NO
EXTENSION OF THE MOVE IN PERIOD ON ACCOUNT OF ANY INTERRUPTION IN SERVICE OF THE
FREIGHT ELEVATOR ON ACCOUNT OF SUCH REQUIRED SERVICE AND SUCH INTERRUPTION SHALL
NOT BE A LANDLORD DELAY.
DURING THE MOVE IN PERIOD, TENANT SHALL BE SUBJECT TO
ALL OF THE COVENANTS IN THIS LEASE, EXCEPT THAT TENANT'S OBLIGATION TO PAY BASE
RENT OR ADDITIONAL RENT SHALL COMMENCE ON THE COMMENCEMENT DATE OR SUCH OTHER
DATE SPECIFIED IN THIS LEASE.
IF TENANT COMMENCES ITS OCCUPANCY OF THE PREMISES
PRIOR TO EXPIRATION OF THE MOVE IN PERIOD FOR THE PURPOSE OF CONDUCTING TENANT'S
BUSINESS, THEN, NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION 2.3 OR
THE PROVISIONS OF THE BASIC LEASE INFORMATION TO THE CONTRARY, THE COMMENCEMENT
DATE OF THE LEASE SHALL BE THE DATE TENANT SO COMMENCED ITS OCCUPANCY OF THE
PREMISES FOR THE PURPOSE OF CONDUCTING TENANT'S BUSINESS.
ARTICLE 3.
TERM AND USE
3.1
TERM.
(A)
TERM; COMMENCEMENT.
EXCEPT AS OTHERWISE PROVIDED IN THIS LEASE,
THE TERM SHALL COMMENCE UPON THE COMMENCEMENT DATE, AND SHALL CONTINUE IN FULL
FORCE THEREAFTER UNTIL THE EXPIRATION DATE.
EXCEPT AS OTHERWISE PROVIDED IN THE
BASIC LEASE INFORMATION, TENANT'S OBLIGATION TO PAY BASE RENT SHALL COMMENCE ON
THE FIRST DAY OF THE FIRST RENT YEAR.
TENANT'S OTHER OBLIGATIONS UNDER THE
LEASE SHALL COMMENCE ON THE COMMENCEMENT DATE (EXCEPT AS EXPRESSLY OTHERWISE
PROVIDED HEREIN WITH RESPECT TO OBLIGATIONS ARISING EARLIER).
NO DELAY IN
DELIVERY OF POSSESSION OF THE PREMISES SHALL OPERATE TO EXTEND THE TERM OF THIS
LEASE OR AMEND TENANT'S OBLIGATIONS UNDER THIS LEASE, AND LANDLORD SHALL NOT BE
LIABLE TO TENANT FOR ANY LOSS OR DAMAGE RESULTING THEREFROM, EXCEPT AS
SPECIFICALLY PROVIDED IN SECTION 3.1(B) BELOW).
(b)
Delayed Commencement; Hold-Over Premium Reimbursement; Right to
Terminate.
If Landlord's Contractor constructs the Tenant Improvements, and the
Tenant Improvements have not been Substantially Completed by January 1, 2007, as
such date is extended pursuant to the provisions of this Section 3.1(b) (the
"Credit Trigger Date"), then Landlord shall reimburse Tenant for the amount (the
"Hold-Over Premium") by which the holdover rent which Tenant is required to pay
under the terms of its existing lease for holding over in its existing premises
at 35 Stanford Street, San Francisco, California (the "Stanford Street Lease")
(calculated