AND FILING
FEES AND ARCHITECT'S AND ENGINEER'S PROFESSIONAL FEES INCURRED IN CONNECTION
WITH THE PERFORMANCE OF TENANT'S WORK.
(D)
LANDLORD SHALL HAVE NO OBLIGATION TO PAY ALL
OR ANY PORTION OF LANDLORD'S CONTRIBUTION TO TENANT AT ANY TIME AFTER THE THIRD
(3RD) ANNIVERSARY OF THE COMMENCEMENT DATE, EXCEPT ANY PORTION OF LANDLORD'S
CONTRIBUTION THAT SHALL REMAIN UNPAID BUT THAT SHALL HAVE BECOME DUE AND PAYABLE
ON OR PRIOR TO THE THIRD (3RD) ANNIVERSARY OF THE COMMENCEMENT DATE.
TENANT
HEREBY WAIVES ANY AND ALL RIGHTS TO CLAIM OR RECEIVE ALL OR ANY
85
PORTION OF LANDLORD'S CONTRIBUTION THAT SHALL NOT HAVE BECOME DUE AND PAYABLE TO
TENANT ON OR BEFORE THE THIRD (3RD) ANNIVERSARY OF THE COMMENCEMENT DATE.
(E)
IF LANDLORD FAILS TO APPROVE A PROGRESS
PAYMENT ON A TIMELY BASIS WHEN REQUIRED HEREUNDER, TENANT SHALL PROVIDE WRITTEN
NOTICE OF SUCH FAILURE TO LANDLORD.
ANY DISPUTE ARISING BETWEEN LANDLORD AND
TENANT AS TO WHETHER LANDLORD HAS FAILED PROPERLY TO APPROVE A REQUIRED PROGRESS
PAYMENT SHALL BE SUBJECT TO EXPEDITED ARBITRATION PURSUANT TO THE TERMS OF
SECTION 35.07(B) HEREOF, AND IN THE EVENT THAT TENANT SHALL OBTAIN A FINAL AND
BINDING DETERMINATION OF SUCH ARBITRATORS, WHICH DECISION HAS BEEN REDUCED TO
JUDGMENT, TO THE EFFECT THAT LANDLORD WAS REQUIRED TO APPROVE PROGRESS PAYMENT,
THEN IF LANDLORD SHALL NOT WITHIN TEN (10) DAYS AFTER SUCH JUDGMENT HAS BEEN
OBTAINED APPROVE THE SAME AND PAY SUCH FUNDS TO TENANT, TENANT SHALL HAVE THE
RIGHT TO OFFSET SUCH AMOUNT, WITH INTEREST ACCRUING FROM THE DATE THAT SUCH
PROGRESS PAYMENT SHOULD HAVE BEEN MADE AGAINST THE NEXT INSTALLMENT(S) OF FIXED
RENT BECOMING DUE HEREUNDER UNTIL TENANT HAS BEEN FULLY REIMBURSED THEREFOR.
SUCH INTEREST SHALL BE CALCULATED AT THE BASE RATE FOR THE PERIOD FROM THE DATE
WHEN SUCH PROGRESS PAYMENT SHOULD HAVE BEEN MADE UNTIL THE DATE THAT IS TEN
(10) DAYS AFTER SUCH JUDGMENT HAS BEEN OBTAINED AND AT ONE AND ONE-HALF (1 1⁄2%)
PERCENT PER MONTH THEREAFTER UNTIL SUCH OFFSET SHALL OCCUR OR PAYMENT SHALL BE
MADE.
(F)
IF ANY BUILDING VIOLATION (OTHER THAN A
VIOLATION WHICH RESULTS FROM ANY ACT OR OMISSION OF TENANT) SHALL PREVENT TENANT
FROM OBTAINING ANY WORK OR BUILDING PERMIT REQUESTED IN CONNECTION WITH TENANT
WORK'S OR FROM THEREAFTER PERFORMING TENANT'S WORK OR IF REMEDIATION OF
HAZARDOUS MATERIALS ARE OTHERWISE REQUIRED TO COMPLY WITH LEGAL REQUIREMENTS IN
ORDER TO ENABLE TENANT TO OBTAIN OR AS A CONDITION TO A BUILDING PERMIT REQUIRED
TO PERFORM TENANT'S WORK, THEN LANDLORD SHALL CURE AND REMOVE SAID VIOLATION AND
PERFORM ANY SUCH REMEDIATION WITHIN TEN (10) DAYS AFTER THE RECEIPT OF TENANT'S
NOTICE TO LANDLORD THEREOF, OR IF THE SAME IS OF SUCH A NATURE THAT IT CANNOT BE
REMOVED AND CURED OR REMEDIATED WITHIN TEN (10) DAYS, LANDLORD SHALL COMMENCE
WITHIN SUCH TEN (10) DAY PERIOD, AND THEREAFTER DILIGENTLY PURSUE, SUCH CURE,
REMOVAL OR REMEDIATION.
ARTICLE 39
CANCELLATION OPTION
39.01
NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS LEASE TO
THE CONTRARY, TENANT SHALL HAVE THE ONE-TIME RIGHT TO CANCEL AND TERMINATE THIS