EMPLOYMENT DEVELOPMENT DEPARTMENT (4)

Home Browse Search

S erlule "d-3'", TonalAshalI be given a credit against ROFO Rent next due hereunder equal to the Smell it of any overpayment. If TollanI fails, in the appllonblo Acceptance Notice, to expressly reject Landim•d's determination of Ilia FMRR (and ROFO Rent) set lbrth In the applicable FhS1. Offer Notice, then Tonont shut] conclusively be deemed to have romped Landlord's determination of the FMRR (and ROFO Rent) for the applicable Leased FirstRightSpares as set 1100 In die applicable First Offer Notice, Notwithstanding anything to the contrary horehn. Tonanl Shall pay Additional Rent with respect to oily Leased First Right Space in the same manner as for the Initial liramises, including, without limitation, to accordance with the provisions of Section 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 Leaned First Right Space, 3.4 Delivery and Condition of Loosed First ]tight Snacel Deliv r • luiprilveloont. 3.4,1 Landlord ahail endeavor to deliver the Leased First Right Spa(* to Tonont oil or befine the applicable Offered Space Scheduled Commencement Data (as identified In (he npplicablo First Offer Notice); provided, howovar, 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 branch under this Lease and olherwlse shall have no liability to Tenant so long on Lnndloud uses commomfolly, reasonable offirrts to deliver strait Leased First Right Space to Tenant as soon as reasonably possible tburcnfter. 3AL2 Tenant shall accept any Leased First Right Space In its then existing "AS IS" condition and state of repair, and Landlord shall not be Inquired to parflerm any work, supply oily materials or incur oily expense (Including the granting crony allowance to Tenant with respect thereto) to prepare any Leased First Right Spum for TenauNs occupancy; provided, however, than (a) Landlord shall cause the Leased Fhat Right Space lobe domised prior to the date on which it Is delivered to Tenant, and (b) to the extent (and only to the extent) determined in contraction with determination of the FMRR for oily Leased Picot Right Space: (1) If such Leased First Right Space has not, prior to the date the same Is delivered to Tenant, previously been improved, landlord shall grant to Tenant, a rent free construction perlod (with respect to the ROFO Rent Payable for such Leased First Right Space roily) for the construction of the initial Leasehold Improvements (if any) in such Leased First Right Space, and (6) Landlord may grant to Tenant an Improvement allowance to be used for costs that are incurred in connection with the construction of the Initial Loosellold 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 Ar tic1a 100 of the Lease 801 {I Cdtr Ckruun Or—Clp•nJ'Snnfu.Um Lear 4. Exhibil 3