the Initial Liquidated Damages daily
rate of $3,157.22) per day for the period commencing September 15, 2009 until
Tenant's Outside Termination Date.
By way of example, if the Rent Commencement
Date is September 15, 2009, the Initial Liquidated Damage amount would be
$340,979.76 and the Late Delivery Liquidated Damages amount would be $88,402.16
for a total of $429,381.92.
4.
THE FOLLOWING NEW DEFINITION IS ADDED
TO SECTION 1.1 OF THE LEASE, AFTER THE DEFINITION OF "OPERATING YEAR":
"Outside Termination Date" shall mean November 1, 2009.
5.
THE FOLLOWING NEW DEFINITION IS ADDED
TO SECTION 1.1 OF THE LEASE, AFTER THE DEFINITION OF "RULES AND REGULATIONS":
"Target Delivery Date" shall mean September 1, 2009, as further defined set
forth in Section 3.1.2.
6.
THE FOLLOWING NEW DEFINITION IS ADDED
TO SECTION 1.1 OF THE LEASE, AFTER THE DEFINITION OF "TENANT ELECTRIC":
"Tenant Upgrade Change Order Memorandum" shall have the meaning set forth in
Section 10.1.2., and as provided as Exhibit E-1.
7.
THE FOLLOWING NEW DEFINITION IS ADDED
TO SECTION 1.1 OF THE LEASE, AFTER THE DEFINITION OF "TERM":
"Unavoidable Delay" means a delay in the prescribed schedule or meeting a
deadline in the Lease which is caused by (a) acts of God or extreme weather;
(b) labor strikes or deliberate actions by labor to disrupt construction;
(c)
inordinate delays in the building inspection process by state or city
agencies; (d) inordinate delays in utility service installation or inspection;
and (e) shortages or late delivery of specialized materials specific to Tenant
Change Orders and required for Substantial Completion.
Any instance of
Unavoidable Delay will not constitute Tenant Delay or Landlord Delay, and such
days shall not be calculated for purposes of Initial Liquidated Damages and/or
Late Delivery Liquidated Damages payments.
8.
THE FOLLOWING IS ADDED AT THE END OF
SECTION 3.1.2 OF THE LEASE:
Landlord and Tenant expect that the Rent Commencement Date will be September 1,
2009 (the "Target Delivery Date").
9.
LANDLORD AND TENANT AGREE TO EXPLORE A
POSSIBLE AMENDMENT TO SECTION 6.5 AND EXHIBIT H RELATED TO PARKING TO SUPPORT
THE LEED CERTIFICATION PROCESS.
NO MODIFICATION TO SECTION 6.5 SHALL OCCUR
WITHOUT THE WRITTEN CONSENT OF LANDLORD AND TENANT.
10.
SECTION 8.6 OF THE LEASE IS HEREBY DELETED
IN ITS ENTIRETY AND SUBSTITUTED THEREFORE IS THE FOLLOWING:
8.6
CENTRAL HVAC SYSTEM; PHOTOVOLTAIC POWER.
ELECTRICITY COSTS FOR POWERING THE CENTRAL HVAC SYSTEM SERVING THE BUILDING
SHALL BE A PART OF OPERATING COSTS.
IF TENANT DESIRES TO INSTALL A PHOTOVOLTAIC
POWER SYSTEM, LANDLORD SHALL PROVIDE TENANT WITH REASONABLE AND NECESSARY RIGHTS
THROUGH A LICENSING AGREEMENT OR OTHER ACCEPTABLE VEHICLE FOR ACCESS TO AND USE
OF THE ROOF AND RELATED COMMON AREAS AND SHALL COOPERATE RELATIVE TO THE
INSTALLATION OF ROOF PENETRATIONS, CONDUIT INSTALLATIONS, SWITCHGEAR, METERING
AND THE LIKE.
LANDLORD SHALL BE RESPONSIBLE, AT LANDLORD'S EXPENSE, FOR PROJECT
MANAGEMENT, LEGAL AND OTHER REASONABLE EXPENSES INCURRED BY LANDLORD IN
COOPERATING WITH TENANT RELATIVE TO THE INSTALLATION AND LICENSING OF A
PHOTOVOLTAIC SYSTEM.
TENANT SHALL BE PERMITTED USE OF THE ROOF FOR