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EXHIBIT B <br />SPECIAL STIPULATIONS <br /> <br /> 1. The panles undersand and agree that Landlord is building out the Promises which <br />am the subject of this I.~ase and that completion of same in a prompt manner is of critical <br />importance to Tenant; with an expeeted occupancy of May 1, 1994. Accordingly, the parties <br />a~J~ as follows: <br /> <br /> a. Tenant's obligations under this Lease shall neither commence nor accrue <br />until the "Commencement of the Lease Term" as that tem~ is defined herein. The Lease <br />Term will commence upon Landlord's completion of the improvements specified on <br />Exhibit A, obtaining a certificate of occupancy, and delivery of the Premises with tho <br />compleled improvements to Tenant (hereinafter completion of all of these items bolng the <br />"Commencement of the Lease Te,,,"). At the time of occupancy, Tenant may give <br />Landlord a punch list of items to be finished or corrected, and Landlord shall promptly <br />complete such items on that list. The Lease Term shall thereafter run for sixty (60) <br />months from the Commencement of the Lease Term. <br /> <br /> b. The parties understand and agree that Landlord is to build-out the Premises <br />which ar~ the subject of this Lease in accordance with Exhibit A (the plans). Exhibit A <br />j~ not now attached but is to be agreed to by the parties, initialed, and attached by <br />February I1, 1994. If the parties fail to reach agreement on Exhibit A, and/or fail to <br />initial same by February 11, 1994, this Lease shall automatically become null and void <br />and neither party shall have any obligation :o the other under the terms of this Lease or <br />the subject matter thereof. The parties may fail to reach agreement on Exhibit A for any <br />reasons(s) including, but not limited to, in Tenant's sole discretion, Tenant's disapproval <br />of the site location for the Premises or particulars of the proposed construction of or <br />within the Premises, The plans referenced in this Paragraph shall be identified as Exhibit <br />A to this Lease and Tenant's ultimate approval (if such approval is granted) shall be <br />evidenced by Tenant's initialing of said plans. Completion of the build-out in a prompt <br />manner is of critical importance to Tenant; with an expected occupancy of May 1, 1994. <br />Accordingly, the parties further agree as follows: <br /> <br /> c. In the event that the Commencement of the Lease Term does not occur by May <br />30. 1994. then. in such event, at ils ~etion. Tenant may elect to termlnam this Lease in <br />its entirety, and thereafter shall ,ave no obligations or liabilities to Landlord whether <br />under the terms of this Lease or otherwise as it relate~ to the Premises which are the <br />subject matter of this Lease. <br /> <br /> d. In the event Tenant terminates this Lease under the provisions of Paragraphs <br />b or c above, Landlord shall promptly r~fund any security deposit or pre-paid rent. <br /> <br /> e. As pan of constructing the Premises, Landlord shall be responsible for <br />swing to it that said construction and Premises complies with any and all applicable local, <br /> <br />PAGE I OF 2 <br /> <br /> <br />