LEASE TERM).
THE SQUARE FOOTAGE OF THE BUILDING, THE PREMISES AND THE WILSON PREMISES
HAS BEEN DETERMINED IN ACCORDANCE WITH THE AMERICAN NATIONAL STANDARDS
INSTITUTE, INC./BUILDING OWNERS AND MANAGERS ASSOCIATION STANDARD METHOD OF
MEASURING FLOOR AREA, ANSI/BOMA Z65.1-1996 ("BOMA") DATED 1996.
LANDLORD SHALL
HAVE THE RIGHT TO REMEASURE THE PREMISES, THE WILSON PREMISES AND/OR THE
BUILDING DURING THE TERM PURSUANT TO BOMA OR ANY OTHER METHOD OF MEASUREMENT;
PROVIDED, HOWEVER, TENANT'S RIGHTS AND OBLIGATIONS UNDER THIS LEASE
SHALL NOT
CHANGE AS A RESULT OF ANY SUCH REMEASUREMENT.
TERM
ALL OF THE PROVISIONS OF THIS LEASE SHALL BE IN FULL FORCE AND EFFECT FROM
AND AFTER THE EFFECTIVE DATE.
THE TERM OF THIS LEASE (HEREINAFTER REFERRED TO
AS THE "LEASE TERM") SHALL BE FOR THE PERIOD COMMENCING ON THE LEASE
COMMENCEMENT DATE, AS DETERMINED PURSUANT TO SECTION 2.2 HEREOF, AND CONTINUING
UNTIL DECEMBER 31, 2015 (THE "EXPIRATION DATE"), UNLESS SUCH LEASE TERM SHALL BE
TERMINATED EARLIER IN ACCORDANCE WITH THE PROVISIONS HEREOF OR EXTENDED FOR UP
TO SIX (6) MONTHS OR RENEWED IN ACCORDANCE WITH RIDER ONE TO THIS LEASE.
THE
TERM "LEASE TERM" SHALL INCLUDE ANY AND ALL RENEWALS AND EXTENSIONS OF THE TERM
OF THE LEASE.
THE LEASE COMMENCEMENT DATE SHALL BE DATE ON WHICH THE LEASE HAS BEEN
FULLY EXECUTED AND DELIVERED BY TENANT AND LANDLORD.
PROMPTLY AFTER THE LEASE
COMMENCEMENT DATE, LANDLORD AND TENANT SHALL EXECUTE A WRITTEN DECLARATION IN
THE FORM OF THE DECLARATION ATTACHED AS EXHIBIT D HERETO.
THE "TENANT OCCUPANCY DATE" SHALL BE JANUARY 1, 2004, WHICH DATE MAY BE EXTENDED
IN ACCORDANCE WITH SECTION 3.1(B) BELOW.
LANDLORD SHALL DELIVER THE PREMISES IN BASE BUILDING SHELL CONDITION (AS
DEFINED IN EXHIBIT B) ON THE EFFECTIVE DATE (THE "DELIVERY DATE").
FOR PURPOSES OF THIS LEASE, THE TERM "LEASE YEAR" SHALL MEAN A PERIOD OF
TWELVE (12) CONSECUTIVE CALENDAR MONTHS, COMMENCING ON THE RENT COMMENCEMENT
DATE AND EACH SUCCESSIVE TWELVE (12) MONTH PERIOD.
TENANT ACKNOWLEDGES THAT FINNEGAN HENDERSON FARABOW GARRETT AND DUNNER,
LLP (AND CERTAIN OF ITS SUCCESSORS) (COLLECTIVELY, "FINNEGAN") HAS THE RIGHT TO
EXPAND INTO THE ENTIRE SIXTH FLOOR OF THE BUILDING.
FINNEGAN MUST NOTIFY
LANDLORD OF ITS ELECTION SO TO EXPAND ON OR BEFORE MAY 1, 2007.
IN CONNECTION
WITH FINNEGAN'S EXPANSION RIGHT, THE FOLLOWING TERMINATION RIGHTS APPLY:
IF FINNEGAN ELECTS TO EXPAND ONTO THE SIXTH FLOOR, THEN LANDLORD SHALL
NOTIFY TENANT THEREOF NOT LATER THAN JULY 1, 2007, AND THIS LEASE SHALL
TERMINATE WITH RESPECT TO THE SIXTH FLOOR ONLY ON JULY 31, 2008 (THE "6TH FLOOR
TERMINATION DATE").
IF LANDLORD TERMINATES THIS LEASE IN ACCORDANCE WITH THIS
SECTION 2.6(A), THEN THE ANNUAL BASE RENT OTHERWISE PAYABLE WITH RESPECT TO THE
SIXTH FLOOR ONLY FOR THE FOUR (4)-MONTH PERIOD IMMEDIATELY PRECEDING THE 6TH
FLOOR TERMINATION DATE SHALL BE ABATED.
IF TENANT FAILS TIMELY TO VACATE THE
SIXTH FLOOR IN ACCORDANCE WITH THE SURRENDER PROVISIONS OF THIS LEASE, THEN THE
HOLDOVER PROVISIONS OF THIS LEASE SHALL APPLY.
IN ADDITION, TENANT SHALL HAVE THE RIGHT, WITHOUT FEE OR PENALTY AND
WITHOUT ABATEMENT OF ANY KIND,