ORANGE, COUNTY OF SOCIAL SERVICES AGENCY (2)

Home Browse Search

Schedule"J-V Tenant shall be given a credit against ROFO Rent next due hereunder equal to the amount crony overpayment. irTenanl fails, in the applicable Acceptance Notice, to expressly reject Landlord's determination or the FMRR (end ROFO Rent) set forth In die applicable First Offer Notice, then Tenant shall conclusively be deemed to have accepted Landlord's determination of the FMRR (and ROFO Rent) for the applicable Leased First Right Space as set forth in the applicable First Offer Notice, Notwithstanding anything to the contrary herein. Tenant shall pay Additional Rent with respect to any Leased First Right Space in die same manner as for the Initial Premises, including, without limitation, in accordance with the provisions of'Secticin 4.2 of the Lease, and Tenant's Percentage Share shall be increased to lake into account the expansion of the Premises to include such Leased First Right Space, 3.4 Delivery and Condition of Lensed First Right Space: Delivery Imorovement, 3.4.1 Landlord shall endeavor to deliver ilia Leased First Right Space to Tenant on or before the applicable Offered Space Scheduled Commencement Date (as identified in the applicable First Offer Notice); provided, however, that if for any reason, Landlord is not in a position to so deliver such Leased First Right Space on such date, Landlord shall not be in breach under this Lease and otherwise shall have no liability to Tenant so long as Landlord uses commercially reasonable efforts to deliver such Leased First Right Spaceto Tenant as soon as reasonably possible thereafter. 3A.2 Tenant shall accept any Leased First Right Space in its then existing "AS IS" condition and state or repair, and Landlord shall not be required to perform any work, supply any materials or Incur any expense (including the granting or any allowance to Tenant with respect thereto) to prepare any Leased First Right Space for Tenant's occupancy; provided, however, that: (a) Landlord shall cause the Leased First Right Space to -be demised prior to the date on which It Is delivered to Tenant, and (b) to the extent (and only to the extent) determined in connection with determination of the FMRR for any Lensed First Right Space: (i) if such Leased First Right Space has not, prior to the date the some is delivered to Tenant, previously been improved, Landlord shall grant to Tenant, a rent free construction period (with respect to the ROM Rent payable for such Leased First Right Space only) for die construction of the initial Leasehold Improvements (if any) in such Leased First Right Space, and (B) Landlord may grant to Tenant an improvement allowance to be used for costs that are incurred in connection with the construction of the initial Leosehold Improvements (if any) in such Leased First Right Space, The construction of all Leasehold Improvements by Tenant In any Leased First Right Space shall comply with the provisions of Article 10 of the Lease 901 IV Chic Crnrcr Dr —CIO• uf.Snurn.lnn Lease 4- FNhihit h