REASONABLE EFFORTS TO REGAIN POSSESSION OF THE PREMISES IN
ORDER TO DELIVER THE SAME TO TENANT. IF THE COMMENCEMENT DATE AS SET FORTH IN
SECTION 1G IS A SPECIFIED DATE, THE COMMENCEMENT DATE SHALL BE POSTPONED UNTIL
THE DATE
3
LANDLORD DELIVERS POSSESSION OF THE PREMISES TO TENANT, THE EXPIRATION DATE
SHALL, AT THE OPTION OF LANDLORD, CORRESPONDINGLY BE POSTPONED ON A PER DIEM
BASIS, AND, UPON THE DETERMINATION OF THE ACTUAL COMMENCEMENT DATE AND THE
ACTUAL EXPIRATION DATE, LANDLORD AND TENANT SHALL EACH EXECUTE AND DELIVER A
COMMENCEMENT LETTER IN THE FORM OF EXHIBIT C ATTACHED HERETO.
C.
IF TENANT, WITH LANDLORD'S PRIOR WRITTEN
APPROVAL, TAKES POSSESSION OF THE PREMISES PRIOR TO THE COMMENCEMENT DATE FOR
THE SOLE PURPOSE OF PERFORMING ANY IMPROVEMENTS THEREIN OR INSTALLING FURNITURE,
EQUIPMENT OR OTHER PERSONAL PROPERTY OF TENANT, SUCH POSSESSION SHALL BE SUBJECT
TO ALL OF THE TERMS AND CONDITIONS OF THIS LEASE, EXCEPT THAT TENANT SHALL NOT
BE REQUIRED TO PAY RENT WITH RESPECT TO THE PERIOD OF TIME PRIOR TO THE
COMMENCEMENT DATE DURING WHICH TENANT PERFORMS SUCH WORK. TENANT SHALL, HOWEVER,
BE LIABLE FOR THE REASONABLE COST OF ANY SERVICES (E.G., ELECTRICITY, HVAC,
FREIGHT ELEVATORS) THAT ARE PROVIDED TO TENANT DURING THE PERIOD OF TENANT'S
POSSESSION PRIOR TO THE COMMENCEMENT DATE. NOTHING HEREIN SHALL BE CONSTRUED AS
GRANTING TENANT THE RIGHT TO TAKE POSSESSION OF THE PREMISES PRIOR TO THE
COMMENCEMENT DATE, WHETHER FOR CONSTRUCTION, FIXTURING OR ANY OTHER PURPOSE,
WITHOUT THE PRIOR WRITTEN CONSENT OF LANDLORD.
3.
Use.
The Premises shall be used for
the Permitted Use and for no other purpose. Tenant agrees not to use or permit
the use of the Premises for any purpose which is illegal or dangerous, which
creates a nuisance or which would increase the cost of insurance coverage with
respect to the Building. Tenant will conduct its business and control its
agents, servants, employees, customers, licensees, and invitees in such a manner
as not to interfere with or disturb other tenants or Landlord in the management
of the Property. Tenant will maintain the Premises in substantially the same
condition in which it has been delivered to Tenant (or such better condition as
it may be put in thereafter by Tenant), and comply with all laws, ordinances,
orders, rules and regulations of any governmental entity with reference to the
use, condition, configuration or occupancy of the Premises; provided, however,
that in no event shall Tenant be responsible for bringing the Premises into
compliance with applicable laws, ordinances, orders, rules and regulations of
any governmental entity in effect as of the Commencement Date to the extent
applicable to the use, condition, configuration or occupancy of the Premises for
the Permitted Use, generally, unless such compliance results from (i) Tenant's
particular use of the Premises or (ii) any Alterations undertaken by or on
behalf of Tenant or anyone claiming by, through, or under Tenant (but in no
event shall the need for compliance be deemed to result from Alterations
undertaken by or on behalf