This excerpt taken from the HNT 10-K filed Feb 13, 2006.
7.03. INTENTIONALLY OMITTED.
7.04. LANDLORDS RIGHT TO PERFORM WORK IN PROJECT. Landlord shall have the right to undertake the following activities in the Project: construction of additions to the Building; changing the grade and/or layout of the parking area or other Common Area; excavation of the Common Area for the purposes of the above and/or installing or repairing utility lines; and remodeling of the exterior of the Buildings. Landlords right to undertake any of the foregoing activities shall be limited such that: there will be no unreasonable interference with Tenants use of the Leased Premises or access thereto; there shall be no materially adverse change with respect to the proximity of Tenants parking to the Leased Premises; and Tenants parking shall not decrease below the level stated in paragraph 7.06 hereof.
7.05. LANDLORDS RIGHT TO PIPES, ETC. Upon five days notice except in an emergency, Landlord shall have the right to install, maintain and repair pipes, wires, ducts and similar items in the space above any suspended ceiling and, in the case of an area with no suspended ceiling, in the area of the Leased Premises reasonably close to the underside of the roof or next floor above the Leased Premises. Landlord may enter the Leased Premises for the purpose of performing such installation, maintenance and repair, and for the purpose of performing any maintenance or repair of any portion of the Project for which entry into the Leased Premises is reasonably necessary, provided any entry by Landlord under this paragraph is accomplished in a manner which minimizes any disruption to Tenants business.
7.06. PARKING. Landlord will provide 4 parking spaces for each 1,000 square feet of leased premises rentable square footage at no additional cost to Tenant. Tenant has the right to request up to 5 spaces for every 1,000 square feet of leased premises rentable square footage. Tenant agrees to pay a one-time cost of $600 for each space in excess of 4 spaces per 1,000 square feet of leased premises square footage. For example, landlord will provide at least 417 spaces for the 104,233 square feet shown in 1.1(c). Tenant may request up to 521 spaces or an additional 104 spaces. Landlord will construct such spaces and be reimbursed by Tenant in the amount of $62,400. The number and size of the spaces will be consistent with Landlords site plan dated October 16, 1998. Landlord represents that it has all necessary permits and approvals for such additional spaces.
7.07. If any service required to be performed by Landlord under this Lease is disrupted for three continuous days or five days in any fifteen day period (as a result of other than a casualty loss), Tenant may abate the monthly installment portion of the Basic Minimum Annual Rent and Additional Rent for the period during which such service is disrupted, in proportion to the portion of the Leased Premises which is caused to be unusable by the disruption. If such interruption or disruption continues for thirty days after written notice from Tenant, and if Landlord has not within such thirty day period cured such interruption or has not diligently commenced and pursued the cure of such interruption or default, Tenant may exercise Self Help (as defined below). Self Help may not be undertaken once the interruption or disruption of services has been cured or once Landlord has commenced the necessary steps to prosecute the cure and diligently pursues said steps to completion. Diligently commenced and pursued the cure shall mean that the Landlord shall have used his best efforts to procure the labor and materials and to undertake any other necessary steps to effectuate the cure of such interruption or default in the shortest possible time. Notwithstanding the foregoing, Tenants right to exercise Self Help under this paragraph shall not apply with respect to interruption of services caused by a casualty governed under Article 12 of the Lease, and in the event of such casualty, the rights of the parties shall be governed by Article 12. Further, notwithstanding the foregoing, Tenants right to exercise Self Help under this paragraph shall be subject to compliance with the right of a mortgagee to cure such interruption. Self Help for the purposes of this paragraph shall mean that Tenant may undertake the steps reasonably necessary to cure the interruption or
disruption of services giving rise to the right to exercise Self Help. Self Help shall be limited to correcting conditions existing in the interior of the Leased Premises or interruption or disruption of access thereto. Landlord shall reimburse to Tenant the reasonable cost of the cure of the interruption or disruption incurred by Tenant in Tenants exercise of Self Help within 30 days after presentation of an invoice therefore from Tenant, broken down in reasonable detail. In the event that Landlord fails to reimburse Tenant as aforesaid then Tenant may deduct the amount from the Rent next due. In the event any interruption or disruption as aforementioned continues for a period of 30 consecutive days is unable to be cured (other than as the result of a casualty loss), Tenant shall have the right to terminate this Lease upon 30 days notice to Landlord and any mortgagee, whose name and address have been provided to Tenant in writing. Notwithstanding the foregoing, if Landlord commences to cure within 10 days from receipt of notice from Tenant of Tenants right to terminate and Landlord is diligently pursuing said cure to complete within 30 days from said notice, such termination shall be deemed withdrawn.