WRITTEN
NOTICE (THE "COMMENCEMENT DATE NOTICE") OF THE DATE SO FIXED.
TENANT SHALL
CONCLUSIVELY BE DEEMED TO HAVE AGREED WITH LANDLORD'S DETERMINATION OF THE
COMMENCEMENT DATE AS SET FORTH IN THE COMMENCEMENT DATE NOTICE UNLESS WITHIN TEN
(10) BUSINESS DAYS (AS HEREINAFTER DEFINED) AFTER THE GIVING OF THE COMMENCEMENT
DATE NOTICE, TENANT SHALL DELIVER A NOTICE TO LANDLORD SPECIFYING WITH
REASONABLE DETAIL THE REASONS WHY TENANT ASSERTS THAT THE OCCURRENCE OF THE
COMMENCEMENT DATE HAS NOT OCCURRED.
PENDING THE RESOLUTION OF SUCH DISPUTE, THE
PARTIES SHALL OPERATE BASED UPON LANDLORD'S DETERMINATION THAT THE COMMENCEMENT
DATE HAS OCCURRED, WITHOUT PREJUDICE TO TENANT'S POSITION.
IF IT IS RESOLVED
THAT THE COMMENCEMENT DATE WAS NOT THE DATE SO FIXED BY LANDLORD, ANY PAYMENTS
OF RENT PAID BY TENANT TO LANDLORD FOR PERIODS PRIOR TO THE PROPER COMMENCEMENT
DATE OR RENT COMMENCEMENT DATE, AS APPLICABLE, SHALL BE CREDITED BY LANDLORD
AGAINST AMOUNTS FIRST DUE UNDER THIS LEASE.
TENANT SHALL, UPON THE DEMAND OF
LANDLORD, EXECUTE, ACKNOWLEDGE AND DELIVER TO LANDLORD AN INSTRUMENT IN FORM
REASONABLY SATISFACTORY TO LANDLORD CONFIRMING THE COMMENCEMENT DATE, THE RENT
COMMENCEMENT DATE AND THE EXPIRATION DATE OF THIS LEASE; PROVIDED, HOWEVER, THAT
TENANT'S FAILURE TO EXECUTE, ACKNOWLEDGE AND DELIVER SUCH INSTRUMENT SHALL NOT
AFFECT IN ANY MANNER WHATSOEVER THE VALIDITY OF THE COMMENCEMENT DATE.
THE
"RENT COMMENCEMENT DATE" SHALL BE JULY 1, 2010, SUBJECT TO ADJUSTMENT PURSUANT
TO SECTION 2.01(B) BELOW.
1.06
TENANT COVENANTS AND AGREES TO PAY FIXED RENT AND
ADDITIONAL CHARGES PROMPTLY WHEN DUE WITHOUT NOTICE OR DEMAND THEREFOR AND
WITHOUT ANY ABATEMENT, DEDUCTION OR SETOFF FOR ANY REASON WHATSOEVER, EXCEPT AS
MAY BE EXPRESSLY PROVIDED IN THIS LEASE.
FIXED RENT
2
AND ADDITIONAL CHARGES SHALL BE PAID BY GOOD AND SUFFICIENT CHECK (SUBJECT TO
COLLECTION) OR, AT TENANT'S OPTION, BY WIRE TRANSFER OR OTHER ELECTRONIC FUNDS
TRANSFER PURSUANT TO INSTRUCTIONS DELIVERED BY LANDLORD TO TENANT UPON TENANT'S
REQUEST.
1.07
IF THE COMMENCEMENT DATE, RENT COMMENCEMENT DATE
OR THE EXPIRATION DATE OCCURS ON A DAY OTHER THAN THE FIRST DAY OF A CALENDAR
MONTH (IN THE CASE OF THE COMMENCEMENT DATE OR RENT COMMENCEMENT DATE) OR THE
LAST DAY OF A CALENDAR MONTH (IN THE CASE OF THE EXPIRATION DATE), THE FIXED
RENT AND ADDITIONAL CHARGES FOR THE PARTIAL CALENDAR MONTH IN WHICH THE
COMMENCEMENT DATE OR RENT COMMENCEMENT DATE, OR THE EXPIRATION DATE, AS
APPLICABLE, OCCURS SHALL BE PRORATED.
THE FIXED RENT FOR ANY PARTIAL CALENDAR
MONTH IN WHICH THE RENT COMMENCEMENT DATE OCCURS SHALL BE PAID ON THE RENT
COMMENCEMENT DATE.
1.08
NO PAYMENT BY TENANT OR RECEIPT OR ACCEPTANCE BY
LANDLORD OF A LESSER AMOUNT THAN THE CORRECT FIXED RENT OR ADDITIONAL CHARGES
SHALL BE DEEMED TO BE OTHER THAN A PAYMENT ON ACCOUNT, NOR SHALL ANY ENDORSEMENT
OR STATEMENT ON ANY CHECK OR ANY LETTER ACCOMPANYING ANY CHECK OR PAYMENT BE
DEEMED AN ACCORD AND SATISFACTION, AND LANDLORD MAY ACCEPT SUCH CHECK OR PAYMENT
WITHOUT PREJUDICE TO LANDLORD'S RIGHT TO RECOVER THE BALANCE OR PURSUE ANY OTHER
REMEDY IN THIS LEASE OR AT