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<br />Early Qccupancy
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<br />Time limit and
<br />Prior Temmey
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<br />In no event shall the exercise of this right of entry be construed so as to cause an acceleration of the occupancy
<br />date of this lease or the obligation of the State to pay rent.
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<br />Lessor and State shall each make all reasonable efforts to ensure that the respective construction and installation work
<br />is scheduled in such a manner so as to not interfere with or delay the other.
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<br />In the event that one or the other party causes a delay in the other party's work, such injured party shall be
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<br />compensated in the following mariner:
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<br />Delavs cau~~d bv theiLessor:
<br />Credit the State acomp~nsating4ay of delay intl:1eoccupancy
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<br />Compepsation will be in one day increments.
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<br />
<br />day of delay in payment of rent.
<br />
<br />Delavscaused bv the~t~te:... .
<br />Credit the L~ssor a compensating day of P1lyment ofIent from the
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<br />Thepaiti~s agree that this shall be the sole remed):'for delay~ in tl1~f~hecI119ulatiortbfd~magesillany..other manner is
<br />. too uIlcertain and not susceptible of accurate determinatiqn.
<br />
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<br />. 8. Lessor agrees that if the leased premises are ready for occupancy prior to tlie c()mpletion date specified above
<br />in Paragraph 6, State may elect to occupy the premises on the earliest date practical after its receipt of the herein
<br />required completion notice. The rent payable for any such early occupancy by the State shall be at the rate of
<br />SIX THOUSAND EIGHT HUNDRED SIXTY -EIGHT AND NO/I00 ($6.868.00) per month, and shall be prorated on
<br />a daily basis for any partial month.
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<br />. 9. No reI}tal shall accrue under this lease, nor shall the State have any obligation to perform the covenants or
<br />observe the conditions herein contained until the leased premises have been made ready for occupancy in accordance
<br />with the provisions hereof. It is specifically agreed that in the event the leased premises are not completed and ready
<br />for occupancy. by the State on or before August 1. 2005, then and in that event the State ma~:, at its option and in
<br />addition to any other remedies it may have, terminate ibis lease and be reliev~d of any further obligations hereunder,
<br />providing that a fair and reasonable allowance for the following delays shall be added to said time for completion:
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<br />A. Acts of the State, its agents or employees, or those claiming under agreement with or grant from the State;
<br />, or by , :'. .
<br />B. The acts of God which Lessor could not reasonably have foreseen or guarded against; or by
<br />C. Any strikes, boycotts, or like obstructive actions by employees or .labor organizations and which are
<br />beyond control of Lessor, and which cannot be reasonably overcome; or by
<br />Restrictive regulations by the Federal Government which are enforced in connection with a National
<br />Emergency.
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<br />":'" .. "'....-..........'.-.-.."...-
<br />In the event that theStat~electsto occuByprelI1ise~bef()reiliewor~ oIl. the premises specified in Exhibit A and B is
<br />fully completed, the State will provide the Less?r',Vithil punch list of work remaining to be completed (referenced as
<br />the State's "Punch List"). Lessor agrees that Lessor shall complete the remaining work no later than 14 calendar days
<br />from the date of receipt of said Punch List. If said Punch List is not completed within the specified 14-day period,
<br />Lessor agrees that, beginning on the first day after said I4-day period following occupancy of premises by the State,
<br />rent may at the State's sole option be reduced to FOUR THOUSAND EIGHT HUNDRED SEVEN AND NOIlOO
<br />($4.807.00) which is Seventy Percent nO%} of the base rent specified in paragraph 4 herein (excluding any
<br />amortization payments) until such time that the Punch List work is completed in full and that such completion of work
<br />is inspected and accepted by the State. The portion of the rent specified for amortization of tenant improvements, if
<br />any shall continue to be paid in full without intenuption.
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<br />25K-6
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<br />Page-4
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