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administrative proceedings to the extent reasonably necessary to obtain such required governmental
<br />regulatory approvals.
<br />~ Section 2.Construction of the Project
<br />Lessee shall construct the Project in accordance with the final design, plans and specifications
<br />approved by Lessor. Excavation for the foundation of the Building shall commence no later than
<br />days after the satisfaction or waiver of the conditions to this Lease stated in Section 1 above.
<br />Lessee shall, subject to acts of God, strikes, or any other reason beyond the reasonable control of Lessee,
<br />diligently prosecute the work to completion by no later than _ days after it is commenced. The work
<br />shall be performed in accordance with all Legal Requirements and in a good and professional manner.
<br />For the purposes of this Lease, the term Legal Requirements includes all present and future laws,
<br />ordinances, orders, rules, regulations, and requirements of all federal, state, and municipal governments,
<br />departments, commissions, boards, and officers, foreseen or unforeseen, ordinary as well as
<br />extraordinary. Lessor shall have the right to inspect the work at reasonable intervals subject to the
<br />supervision of Lessee and in a manner that will minimize any interference with the work.
<br />In the event of any minor encroachment by the Building, Lessor shall amend the description
<br />of the Premises to include the encroached-upon area m the Premises with a corresponding adjustment to
<br />all items in this Lease based on the area of the Premises. Lessee shall use reasonable efforts to minimize
<br />any disruption of the use of the property adjacent to the Premises and to avoid excessive dust, rubble;
<br />debris, or odors.
<br />Section 3.Minimum Rent
<br />3.1 Until the conditions stated in Section 1 are satisfied or waived by the parties, no
<br />Minimum Rent shall be payable with respect to the Premises. Lessee covenants and agrees to pay to
<br />Lessor, promptly when due, without notice or demand and without deduction or setoff of any amount
<br />whatsoever, $ per month as Minimum Rent for the Premises from the date the conditions stated in
<br />Section 1 of this Lease aze satisfied or waived by the parties and until the Building is substantially
<br />completed or , 1999, whichever is the first to occur; and thereafter $ per month. All
<br />Rent shall be paid in advance, on the first day of each month during the Term.
<br />3.2 All amounts payable under Section 3.1 above, as well as all other amounts payable by
<br />Lessee to Lessor under the terms of this Lease, shall be paid at the office of Lessor set forth above, or at
<br />such other place within the continental limits of the United States as Lessor shall from time to time
<br />designate by notice to Lessee, in lawful money of the United States which shall be legal tender in
<br />payment of all debts and dues, public and private, at the time of payment.
<br />3.3 It is intended that the Minimum Rent provided for in this section shall be an
<br />absolutely net return to Lessor throughout the Term, free of any expense, charge, or other deduction
<br />whatsoever, including all claims, demands, or setoffs of any nature whatsoever.
<br />3.4 Lessee shall also pay without notice, except as may be provided in this Lease, and
<br />without abatement, deduction, or setoff, as additional rent, all sums, impositions, costs, and other
<br />payments which Lessee in any of the provisions of this Lease assumes or agrees to pay, and in the event
<br />of any nonpayment, Lessor shall have (in addition to all other rights and remedies) all the rights and
<br />remedies provided for in this Lease or by law in the case of nonpayment of the Minimum Rent.
<br />3.5 Rent adjustment clause to be nronosed by Offeror. Examnles follow:
<br />Alternative Rent Adjustment Clause for Fixed Amount Increases:
<br />On each fifth annual anniversary of the Commencement Date of this Lease, the Minimum
<br />Rent shall be increased by $[*].
<br />Alternative Rent Adjustment Clause for Fixed Percentage Increases:
<br />On each fifth annual anniversary of the Commencement Date of this Lease, the Minimum
<br />Rent shall be increased by [*]% over the Minimum Rent in effect for the immediately preceding year.
<br />Ground Lease Courthouse Square
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