PARAGRAPH
SHALL OCCUR AT SUCH LOCATION.
ANY REVIEW TO BE CONDUCTED UNDER THIS PARAGRAPH
SHALL BE AT THE SOLE EXPENSE OF LESSEE AND SHALL BE CONDUCTED BY AN INDEPENDENT
(I.E. NOT THEN ENGAGED BY LESSEE FOR ANY OTHER PURPOSES) FIRM OF CERTIFIED
PUBLIC ACCOUNTANTS OF NATIONAL STANDING.
LESSEE ACKNOWLEDGES AND AGREES THAT
ANY SUPPORTING DATA REVIEWED UNDER THIS PARAGRAPH CONSTITUTE CONFIDENTIAL
INFORMATION OF LESSOR, WHICH SHALL NOT BE DISCLOSED TO ANYONE OTHER THAN THE
ACCOUNTANTS PERFORMING THE REVIEW AND THE PRINCIPALS OF LESSEE WHO RECEIVE THE
RESULTS OF THE REVIEW.
THE DISCLOSURE OF SUCH INFORMATION TO ANY OTHER PERSON,
WHETHER OR NOT CAUSED BY THE CONDUCT OF LESSEE, SHALL CONSTITUTE A MATERIAL
BREACH OF THIS LEASE.
(3)
FINDING OF ERROR.
ANY ERRORS DISCLOSED BY THE REVIEW OF
SUPPORTING DATA UNDER THIS PARAGRAPH SHALL BE PROMPTLY CORRECTED, PROVIDED THAT
LESSOR SHALL HAVE THE RIGHT TO CAUSE ANOTHER REVIEW OF THE SUPPORTING DATA TO BE
MADE BY AN INDEPENDENT (I.E. NOT THEN ENGAGED BY LESSOR FOR ANY OTHER PURPOSES)
FIRM OF CERTIFIED PUBLIC ACCOUNTANTS OF NATIONAL STANDING.
IN THE EVENT OF A
DISAGREEMENT BETWEEN THE TWO ACCOUNTING FIRMS, THE REVIEW THAT DISCLOSES THE
LEAST AMOUNT OF DEVIATION FROM THE LESSOR'S STATEMENT SHALL BE DEEMED TO BE
CORRECT AND ITS REVIEW SHALL BE FINAL AND BINDING ON BOTH LESSOR AND LESSEE.
IF
THE RESULTS OF THE REVIEW OF SUPPORTING DATA TAKING INTO ACCOUNT, IF APPLICABLE,
THE RESULTS OF ANY ADDITIONAL REVIEW CAUSED BY LESSOR REVEAL THAT LESSEE HAS
OVERPAID OBLIGATIONS FOR A PRECEDING PERIOD, THE AMOUNT OF SUCH OVERPAYMENT
SHALL BE CREDIT AGAINST LESSEE'S SUBSEQUENT INSTALLMENT OBLIGATIONS TO PAY ITS
SHARE OF ADDITIONAL RENT.
IN THE EVENT THAT SUCH RESULTS SHOW THAT LESSEE HAS
UNDERPAID ITS OBLIGATIONS FOR A PRECEDING PERIOD, THE AMOUNT OF SUCH
UNDERPAYMENT SHALL BE PAID BY LESSEE TO LESSOR WITH THE NEXT SUCCEEDING
INSTALLMENT OBLIGATION OF ADDITIONAL RENT OR, IF THE LEASE HAS TERMINATED, IN
CASH WITHIN THIRTY (30) DAYS AFTER THE DETERMINATION OF UNDERPAYMENT IS
DELIVERED TO LESSEE.
EACH PARTY SHALL PAY THE COST AND EXPENSE OF ITS CHOSEN
ACCOUNTING FIRM.
(4)
EFFECT OF LESSEE'S DEFAULT.
IN THE EVENT THAT LESSEE BECOMES IN
DEFAULT OF ITS OBLIGATIONS UNDER THIS LEASE AT ANY TIME DURING THE PENDENCY OF A
REVIEW OF RECORDS UNDER THIS PARAGRAPH, SAID RIGHT TO REVIEW SHALL IMMEDIATELY
CEASE AND THE MATTERS ORIGINALLY SET FORTH IN THE LESSOR'S STATEMENT SHALL BE
DEEMED TO BE CORRECT.
ARTICLE V
USE
SECTION 5.01.
PERMITTED USE AND LIMITATIONS ON USE.
THE PREMISES SHALL
BE USED AND OCCUPIED ONLY FOR OFFICE, RESEARCH AND DEVELOPMENT, TOGETHER WITH
SUCH ANCILLARY USES WHICH DO NOT CAUSE EXCESSIVE WEAR OF THE PREMISES OR
INCREASE THE POTENTIAL LIABILITY OF LESSOR, AND FOR NO OTHER USE, WITHOUT
LESSOR'S PRIOR WRITTEN CONSENT.
LESSEE SHALL NOT USE, SUFFER OR PERMIT THE USE
OF THE PREMISES IN ANY MANNER THAT WILL TEND TO CREATE WASTE, NUISANCE OR
UNLAWFUL ACTS.
IN NO EVENT SHALL IT BE UNREASONABLE FOR LESSOR TO WITHHOLD ITS
CONSENT AS TO USES WHICH IT DETERMINES WOULD TEND