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Early <}ccupancy Time limit and Prior Tenancy " . {'. In no event shall the exercise of this right of entry be construed so as to cause an acceleration of the occupancy date of this lease or the obligation of the State to pay rent. Lessor and State shall each make all reasonable efforts to ensure that the respective construction and installation work is scheduled in such a manner so as to not interfere with or delay the other. In the event that one or the other party causes a delay in the other party's work, such injured party shall be compensated in the followingmarinel": Delavs cau~~d bvthe~essor:/ .,..., .. " ii" 'Credit !p-e Sta.!e acomp~nsa.ting4liY of delay in the occupancy date li"d correspoIldiIlg day of delay in payment of rent. Dela.yscaused by the~t~t~:/ ..' ," ,i>i '..'" ,Z" Cr~dit the ~~ssor a c?mpensatin~dayofpayment of;ent from the actua.l qat~,of OCCUpanCy. Compellsation will be in one day increments. Tliepafties agree that this shall be the sole remedy for delay~ in th~!Q1et~9.ulatiOIi 6fdamagdinany,other manner is too uncertain and not susceptible of accurate determination. , . .' . '.,'.' . . '. .." 8. Lessor agrees that if the leased premises are ready for occupancy prior to tlie completion date specified above in Paragraph 6, State may elect to occupy the premises on the earliest date practical after its receipt of the herein required completion notice. The rent payable for any such early occupancy by the State shall be at the rate of SIX THOUSAND EIGHT HUNDRED SIXTY-EIGHT AND NOlI 00 ($6.868.00) per month, and shall be prorated on a daily basis for any partial month. 9. No rental shall accrue under this lease,. nor ~hall the State have any obligation to perform the covenants or observe the conditions herein contained until the leased premises have been made ready for occupancy in accordance with the provisions hereof. It is specifically agreed that in the event the leased premises are not completed and ready for occupancy by the State on or before AUgust L 2005, then and in that event the State may, at its option and in addition to any other remedies it may have, terminate this lease and be relieved of any further obligations hereunder, providing that a fair and reasonable allowance for the following delays shalf be added to said time for completion: A. Acts of the State, its agents or employees, or those claiming under agreement with or grant from the State; . orby , B. The acts of God which Lessor could not reasonably have foreseen or guarded against; or by C. Any strikes, boycotts, or like obstructive actions by employees or .!abororganizations and which are beyond control of Lessor, and which cannot be reasonably overcome; or by Restrictive regulations by the Federal Government which are enforced in connection with a National Emergency. ' In the event that the Sta.t~electsto?~~up?, prel11ise~befoiethe\\l9~k on the premises specified in Exhibit A and B is fully completed, the State will providethe Lessor ""ith li punch list of work remaining to be completed (referenced as the State's "Punch List"). Lessor agrees that Lessor shall complete the remaining work no later than 14 calendar days from the date of receipt of said Punch List. If said Punch List is not completed within the specified 14-day period, Lessor agrees that, beginning on the first day after said 14-day period following occupancy of premises by the State, rent may at the State's sole option be reduced to FOUR THOUSAND EIGHT HUNDRED SEVEN AND NOIIOO ($4,807.00) which is Seventy Percent nO%} of the base rent specified in paragraph 4 herein (excluding any amortization payments) until such time that the Punch List work is completed in full and that such completion of work is inspected and accepted by the State. The portion of the rent specified for amortization of tenant improvements, if any shall continue to be paid in full without interruption. ~ 25G-6 Page-4