FIRST REFUSAL IF THE ROFR ADVICE REFERS TO A
CONDITION THAT IS NOT "AS IS".
4.10
FOR THE PURPOSES OF THIS LEASE, A "LANDLORD DELAY"
SHALL MEAN ANY DELAY IN THE PROGRESS AND/OR COMPLETION OF THE INITIAL
ALTERATIONS CAUSED BY ANY ACT OR NEGLIGENT
13
OMISSION OF LANDLORD OR LANDLORD RELATED PARTIES UNLESS RESULTING FROM AN ACT OR
OMISSION CONSTITUTING A TENANT DELAY, INCLUDING, WITHOUT LIMITATION (I) ANY
FAILURE BY LANDLORD TO DELIVER TO TENANT ANY DRAFT, REVISED OR FINAL VERSIONS OF
PLANS TO BE PREPARED BY OR AT THE DIRECTION OF LANDLORD HEREUNDER OR TO TAKE ANY
OTHER ACTION OR PROVIDE CONSENT OR APPROVAL REQUIRED OF LANDLORD UNDER THIS
LEASE WITHIN THE PERIODS SPECIFIED IN THIS LEASE, UNLESS THE APPLICABLE
PROVISION DEEMS THE SAME TO BE APPROVED; (II) IN INSTANCES FOR WHICH THIS LEASE
SPECIFIES NO PERIOD IN WHICH LANDLORD SHALL ACT, ANY FAILURE BY LANDLORD TO
RESPOND TO ANY REASONABLE REQUEST FOR INFORMATION RELATING TO THE INITIAL
ALTERATIONS OR OTHERWISE TO COOPERATE REASONABLY WITH TENANT, WITHIN A
REASONABLE TIME AFTER RECEIVING FROM TENANT A WRITTEN REQUEST FOR SUCH
INFORMATION OR COOPERATION (NOT TO EXCEED TEN (10) BUSINESS DAYS), UNLESS THE
APPLICABLE PROVISION DEEMS THE SAME TO BE APPROVED; (III) ANY BREACH BY LANDLORD
OF THIS LEASE; AND (IV) ANY INTERFERENCE BY LANDLORD WITH THE CONSTRUCTION OF
THE INITIAL ALTERATIONS.
NOTWITHSTANDING THE FOREGOING, NO LANDLORD DELAY SHALL
BE DEEMED TO HAVE OCCURRED UNTIL TENANT HAS GIVEN LANDLORD NOTICE OF THE CLAIMED
LANDLORD DELAY AND LANDLORD SHALL HAVE FAILED TO CURE THE CONDITION GIVING RISE
TO SUCH LANDLORD DELAY WITHIN TWO (2) BUSINESS DAYS AFTER RECEIPT OF SAID
NOTICE.
In the event that Tenant claims that Landlord has caused a Landlord Delay, the
parties shall continue to perform their obligations hereunder in a manner so as
to avoid any further delay.
5.
RENT.
5.01
TENANT SHALL PAY LANDLORD, WITHOUT ANY SETOFF OR
DEDUCTION, UNLESS EXPRESSLY SET FORTH IN THIS LEASE, ALL BASE RENT AND
ADDITIONAL RENT DUE FOR THE TERM (COLLECTIVELY REFERRED TO AS "RENT").
"ADDITIONAL RENT" MEANS ALL SUMS (EXCLUSIVE OF BASE RENT) THAT TENANT IS
REQUIRED TO PAY LANDLORD UNDER THIS LEASE.
TENANT SHALL PAY AND BE LIABLE FOR
ALL RENTAL, SALES AND USE TAXES (BUT EXCLUDING INCOME TAXES), IF ANY, IMPOSED
UPON OR MEASURED BY RENT.
BASE RENT AND RECURRING MONTHLY CHARGES OF ADDITIONAL
RENT SHALL BE DUE AND PAYABLE IN ADVANCE ON THE FIRST DAY OF EACH CALENDAR MONTH
WITHOUT FURTHER NOTICE OR DEMAND.
ALL OTHER ITEMS OF RENT SHALL BE DUE AND
PAYABLE BY TENANT ON OR BEFORE THIRTY (30) DAYS AFTER BILLING BY LANDLORD.
RENT
SHALL BE MADE PAYABLE TO THE ENTITY, AND SENT TO THE ADDRESS, LANDLORD
DESIGNATES AND SHALL BE MADE BY GOOD AND SUFFICIENT CHECK OR BY OTHER MEANS
ACCEPTABLE TO LANDLORD.
IF TENANT DOES NOT PAY ANY RENT WHEN DUE HEREUNDER,
LANDLORD MAY REQUIRE TENANT TO PAY LANDLORD AN ADMINISTRATION FEE IN THE AMOUNT
OF $250.00, PROVIDED THAT TENANT SHALL BE ENTITLED TO A GRACE PERIOD OF UP TO