Common use of Existing Tenant Clause in Contracts

Existing Tenant. Tenant acknowledges that as of the Lease Date, Starter Corporation ("Starter") is the tenant currently occupying the Demised Premises pursuant to a lease between Landlord (or Landlord's predecessor in interest) and Starter (the "Starter Lease"). Starter has filed for bankruptcy and the Official Committee of Unsecured Creditors (appointed in lieu of a trustee) handling the bankruptcy is expected to reject the Starter Lease (the actual date of any such rejection being referred to herein as the "Starter Rejection Date", and the effective date of any such rejection being referred to herein as the "Starter Effective Date"). Landlord agrees to use reasonable good faith efforts to cause Starter to vacate the Demised Premises (except with respect to any personalty or trade fixtures that will remain in the Demised Premises pursuant to a separate agreement between Starter and Tenant) promptly following the later to occur of (a) the Starter Rejection Date, and (b) the Starter Effective Date (such later date being referred to herein as the "Starter Termination Date"), subject to any orders of the applicable bankruptcy court to the contrary or restrictions or limitations in federal and bankruptcy laws. In the event the Starter Termination Date occurs after September 1, 1999, or in the event Starter refuses or fails to vacate the Demised Premises after the Starter Termination Date (each such event being referred to herein as a "Delay"), the obligations of Tenant hereunder shall remain as set forth herein except that the Lease Commencement Date, the Base Rent Commencement Date and the Expiration Date shall be postponed one day for each day of Delay. In the event the Official Committee of Unsecured Creditors elects to accept the Starter Lease, Landlord shall promptly notify Tenant, and this Lease shall terminate effective as of the date of such notification, in which event, this Lease and the obligations of the parties hereunder shall terminate except for such obligations as are to survive any such termination by their express terms. Notwithstanding anything in this Special Stipulation 14 to the contrary, in the event the Official Committee of Unsecured Creditors fails either to accept or to reject the Starter Lease on or before the sixtieth (60th) day following the Lease Date, then either party shall have the right to terminate this Lease, to be exercised by delivering written notice to the other party on or before the seventieth (70th) day following the Lease Date (provided the Official Committee of Unsecured Creditors has not rejected the Starter Lease prior to such party's receipt of such termination notice), and thereafter neither Landlord nor Tenant shall have any further obligation hereunder. EXHIBIT D RULES AND REGULATIONS These Rules and Regulations have been adopted by Landlord for the mutual benefit and protection of all the tenants of the Building in order to insure the safety, care and cleanliness of the Building and the preservation of order therein.

Existing Tenant. Tenant acknowledges that as the Sixth Floor Space is subject to an existing lease and Landlord will not be able to deliver the Sixth Floor Space to Tenant until such lease expires or terminates and the occupant of the Lease Sixth Floor Space vacates the same. Landlord has advised Tenant that such lease for the Sixth Floor Space is scheduled to terminate on June 30, 2000; however, Tenant agrees that if Landlord delivers vacant, broom-clean possession of the Sixth Floor Space to Tenant prior to June 30, 2000, such earlier date of delivery shall be the Sixth Floor Space Possession Date, Starter Corporation provided, that in no event shall such earlier date of delivery be earlier than five ("Starter"5) is days after Landlord gives to Tenant notice of the tenant currently occupying date on which Landlord anticipates that the Demised Premises pursuant Sixth Floor Space shall be so delivered to a lease between Tenant (unless Tenant or anyone claiming under or through Tenant first occupies the Sixth Floor Space for the performance of its work therein or any other purpose prior to the giving of such notice by Landlord (or Landlord's predecessor in interest) and Starter (the "Starter Lease"expiration of such 5-day period). Starter has filed for bankruptcy and the Official Committee of Unsecured Creditors (appointed in lieu of a trustee) handling the bankruptcy is expected to reject the Starter Lease (the actual date of If any such rejection being referred to herein as the "Starter Rejection Date", and the effective date of any such rejection being referred to herein as the "Starter Effective Date"). Landlord agrees to use reasonable good faith efforts to cause Starter to vacate the Demised Premises (except with respect to any personalty or trade fixtures that will remain tenant in the Demised Premises pursuant to a separate agreement between Starter and Tenant) promptly following the later to occur of (a) the Starter Rejection DateSixth Floor Space shall holdover beyond June 30, and (b) the Starter Effective Date (such later date being referred to herein as the "Starter Termination Date"), subject to any orders of the applicable bankruptcy court to the contrary or restrictions or limitations in federal and bankruptcy laws. In the event the Starter Termination Date occurs after September 1, 1999, or in the event Starter refuses or fails to vacate the Demised Premises after the Starter Termination Date (each such event being referred to herein as a "Delay"), the obligations of Tenant hereunder shall remain as set forth herein except that the Lease Commencement Date, the Base Rent Commencement Date and the Expiration Date shall be postponed one day for each day of Delay. In the event the Official Committee of Unsecured Creditors elects to accept the Starter Lease2000, Landlord shall promptly notify Tenant, use reasonable efforts (including the prompt commencement and this Lease shall diligent prosecution of summary proceedings) to terminate effective as of the date of such notification, in which event, this Lease and the obligations of the parties hereunder shall terminate except for such obligations as are to survive any such termination by their express termsholdover tenancy. Notwithstanding anything to contrary contained in this Special Stipulation 14 to the contrary, in the event the Official Committee of Unsecured Creditors fails either to accept or to reject the Starter Lease on or before the sixtieth (60th) day following the Lease Date, then either party shall have the right to terminate this Lease, to be exercised by delivering written notice to the other party on or before the seventieth (70th) day following the Lease Date (provided the Official Committee of Unsecured Creditors has not rejected the Starter Lease prior to such party's receipt of such termination notice), and thereafter neither Landlord nor Tenant agrees that Tenant shall have no claim against Landlord, and Landlord shall have no liability to Tenant for any further obligation hereunder. EXHIBIT D RULES AND REGULATIONS These Rules and Regulations have been adopted by Landlord for the mutual benefit and protection of all the tenants failure or delay to deliver possession of the Building in order Sixth Floor Space pursuant to insure the safety, care terms hereof on the anticipated availability date or any other specific date and cleanliness the validity of the Building and Lease, as amended hereby, shall not be impaired under such circumstances nor shall the preservation of order thereinsame be construed to extend the Term.

Existing Tenant. Tenant acknowledges that Landlord has advised Tenant that the Premises are currently occupied by another tenant (the “Existing Tenant”) and that an agreement was reached with the Existing Tenant to terminate the tenancy of the Existing Tenant as of November 30, 2015, with said agreement to be confirmed in a written instrument prior to or concurrently with the Lease Date, Starter Corporation ("Starter") is the tenant currently occupying the Demised Premises pursuant to a lease between Landlord (or Landlord's predecessor in interest) and Starter (the "Starter execution of this Lease"). Starter has filed for bankruptcy and the Official Committee of Unsecured Creditors (appointed in lieu of a trustee) handling the bankruptcy is expected to reject the Starter Lease (the actual date of any such rejection being referred to herein as the "Starter Rejection Date", and the effective date of any such rejection being referred to herein as the "Starter Effective Date"). Landlord agrees to (a) not enter into any amendment or new lease or other agreement with the Existing Tenant or any other party (other than Tenant) to lease the Premises, or (b) unless otherwise approved in writing by Tenant, extend the term of the tenancy with the Existing Tenant, and (c) use commercially reasonable efforts in good faith efforts to cause Starter the Existing Tenant to vacate the Demised Premises on or before November 30, 2015 (except with respect subject to Force Majeure [as defined in this Lease] and provided that in no event shall Landlord be obligated to commence or prosecute any personalty legal action against the Existing Tenant for unlawful detainer or trade fixtures otherwise), and that will remain in Landlord shall not be liable for any claims, damages or liabilities if the Demised Existing Tenant has not vacated the Premises pursuant to a separate agreement between Starter and Tenantbefore November 30, 2015. Landlord shall give Tenant written notice (the “Space Available Notice”) promptly when all of the following the later to occur of have occurred: (ax) the Starter Rejection DateExisting Tenant has vacated the Premises, (y) all of the Existing Tenant’s trade fixtures, furnishings, equipment and other personal property have been removed from the Premises, and (bz) the Starter Effective Date (such later date being referred Premises are available for Landlord to herein as the "Starter Termination Date")deliver possession thereof to Tenant, subject and for Tenant to any orders start construction of the applicable bankruptcy court Tenant Improvements. Notwithstanding anything to the contrary or restrictions or limitations in federal and bankruptcy laws. In contained herein, if for any reason the event the Starter Termination Commencement Date occurs after September has not occurred by January 1, 1999, or in 2016 (the event Starter refuses or fails to vacate the Demised Premises after the Starter Termination Date (each such event being referred to herein as a "Delay"“Outside Commencement Date”), the obligations of then Tenant hereunder shall remain as set forth herein except that the Lease Commencement Date, the Base Rent Commencement Date and the Expiration Date shall be postponed one day for each day of Delay. In the event the Official Committee of Unsecured Creditors elects to accept the Starter Lease, Landlord shall promptly notify Tenant, and this Lease shall terminate effective as of the date of such notification, in which event, this Lease and the obligations of the parties hereunder shall terminate except for such obligations as are to survive any such termination by their express terms. Notwithstanding anything in this Special Stipulation 14 to the contrary, in the event the Official Committee of Unsecured Creditors fails either to accept or to reject the Starter Lease on or before the sixtieth (60th) day following the Lease Date, then either party shall have the right to terminate this Lease, to be exercised the Lease by delivering written notice to Landlord (the other party “Termination Notice”) given at any time prior to the Commencement Date, in which case this Lease shall terminate on or before the seventieth (70th) day following date of such Termination Notice, as if such date were the natural expiration date of the Lease. Notwithstanding anything to the contrary contained herein. Tenant shall not have the right to terminate the Lease Date as set forth in the preceding sentence in the event of delays caused by acts or failure to act by Tenant or other parties (provided the Official Committee that such action is either required by this Lease or set forth in a notice of Unsecured Creditors Landlord to Tenant, and provided further that within five (5) days of Tenant’s action or failure to act. Landlord has not rejected the Starter Lease prior sent to such party's receipt Tenant written notice of such termination noticeTenant delay), and thereafter neither Landlord nor Tenant shall have any further obligation hereunder. EXHIBIT D RULES AND REGULATIONS These Rules and Regulations have been adopted by Landlord for the mutual benefit and protection or due to Force Majeure (as hereinafter defined) of all the tenants of the Building in order to insure the safety, care and cleanliness of the Building and the preservation of order thereinno more than thirty (30) days.

Existing Tenant. Tenant acknowledges that as the Plaza III Fourth Floor Space is subject to an existing lease with American International Surplus Lines Agency, Inc. ("Existing Tenant") and Landlord will not be able to deliver the Plaza III Fourth Floor Space to Tenant until such lease expires or terminates and the occupant of the Lease Plaza III Fourth Floor Space vacates the same. Landlord has advised Tenant that such lease for the Plaza III Fourth Floor Space is scheduled to terminate on March 31, 2000; however, Tenant agrees that if Landlord delivers vacant, broom-clean possession of the Plaza III Fourth Floor Space to Tenant prior to March 31, 2000, such earlier date of delivery shall be the Plaza III Fourth Floor Space Commencement Date; provided, Starter Corporation that in no event shall such earlier date of delivery be earlier than five ("Starter"5) is days after Landlord gives to Tenant notice of the tenant currently occupying date on which Landlord anticipates that the Demised Premises pursuant Plaza III Fourth Floor Space shall be so delivered to a lease between Tenant (unless Tenant or anyone claiming under or through Tenant first occupies the Plaza III Fourth Floor Space for the performance of its work therein or any other purpose prior to the giving of such notice by Landlord (or Landlord's predecessor in interest) and Starter (the "Starter Lease"expiration of such 5-day period). Starter has filed for bankruptcy and the Official Committee of Unsecured Creditors (appointed in lieu of a trustee) handling the bankruptcy is expected to reject the Starter Lease (the actual date of If any such rejection being referred to herein as the "Starter Rejection Date", and the effective date of any such rejection being referred to herein as the "Starter Effective Date"). Landlord agrees to use reasonable good faith efforts to cause Starter to vacate the Demised Premises (except with respect to any personalty or trade fixtures that will remain tenant in the Demised Premises pursuant to a separate agreement between Starter and Tenant) promptly following the later to occur of (a) the Starter Rejection DatePlaza III Fourth Floor Space shall holdover beyond March 31, and (b) the Starter Effective Date (such later date being referred to herein as the "Starter Termination Date"), subject to any orders of the applicable bankruptcy court to the contrary or restrictions or limitations in federal and bankruptcy laws. In the event the Starter Termination Date occurs after September 1, 1999, or in the event Starter refuses or fails to vacate the Demised Premises after the Starter Termination Date (each such event being referred to herein as a "Delay"), the obligations of Tenant hereunder shall remain as set forth herein except that the Lease Commencement Date, the Base Rent Commencement Date and the Expiration Date shall be postponed one day for each day of Delay. In the event the Official Committee of Unsecured Creditors elects to accept the Starter Lease2000, Landlord shall promptly notify Tenant, use reasonable efforts (including the prompt commencement and this Lease shall diligent prosecution of summary proceedings) to terminate effective as of the date of such notification, in which event, this Lease and the obligations of the parties hereunder shall terminate except for such obligations as are to survive any such termination by their express termsholdover tenancy. Notwithstanding anything in this Special Stipulation 14 to the contrary, contrary contained in the event the Official Committee of Unsecured Creditors fails either to accept or to reject the Starter Lease on or before the sixtieth (60th) day following the Lease Date, then either party shall have the right to terminate this Lease, to be exercised by delivering written notice to the other party on or before the seventieth (70th) day following the Lease Date (provided the Official Committee of Unsecured Creditors has not rejected the Starter Lease prior to such party's receipt of such termination notice), and thereafter neither Landlord nor Tenant agrees that Tenant shall have no claim against Landlord, and Landlord shall have no liability to Tenant for any further obligation hereunder. EXHIBIT D RULES AND REGULATIONS These Rules and Regulations have been adopted by Landlord for the mutual benefit and protection of all the tenants failure or delay to deliver possession of the Building in order Plaza III Fourth Floor Space pursuant to insure the safety, care terms hereof on the anticipated availability date or any other specific date and cleanliness the validity of the Building and Lease, as amended hereby, shall not be impaired under such circumstances nor shall the preservation of order therein.same be construed to extend the Plaza III Fourth Floor

Existing Tenant. Tenant acknowledges that as The Property is currently the subject of the Lease Date, Starter Corporation ("Starter") is the tenant currently occupying the Demised Premises pursuant to a certain occupancy lease between Landlord (or Landlord's predecessor in interest) and Starter (the "Starter “Existing Lease"”), as reflected on the rent roll that has been certified by Seller and is attached hereto as Exhibit C (the “Certified Rent Roll”). Starter has filed for bankruptcy and [The tenant under the Official Committee of Unsecured Creditors (appointed in lieu of a trustee) handling the bankruptcy Existing Lease is expected to reject the Starter Lease (the actual date of any such rejection being referred to herein as the "Starter Rejection Date"“Existing Tenant.”]. Buyer acknowledges that the Existing Lease provides the Existing Tenant with a right of first offer to purchase the Property (the “Existing Tenant Purchase Option”). Seller acknowledges and confirms to Buyer that, and promptly after the effective date of any such rejection being referred the Original Contract and pursuant to herein the terms of the Original Contract, Seller notified Existing Tenant in writing (a copy of which notice was concurrently sent to Buyer) of Seller’s intention to sell the Property as contemplated by the "Starter Effective Date")Original Contract and has fully complied with the terms of the Existing Lease governing or relating to the Existing Tenant Purchase Option. Landlord agrees Buyer acknowledges that this Amended and Restated Contract shall be subject to use reasonable good faith efforts to cause Starter to vacate the Demised Premises (except with respect to any personalty or trade fixtures Existing Tenant Purchase Option that will remain is set forth in the Demised Premises pursuant to a separate agreement Existing Lease. Seller shall keep Buyer informed about all communications between Starter Seller and Tenant) the Existing Tenant concerning the Existing Tenant Purchase Option and shall promptly following provide Buyer with copies of all notices that Seller may send or receive from the later to occur of (a) Existing Tenant in connection with the Starter Rejection Date, and (b) the Starter Effective Date (such later date being referred to herein as the "Starter Termination Date"), subject to any orders of the applicable bankruptcy court to the contrary or restrictions or limitations in federal and bankruptcy lawssame. In the event the Starter Termination Date occurs after September 1, 1999, or in the event Starter refuses or fails to vacate the Demised Premises after the Starter Termination Date (each such event being referred to herein as a "Delay"), the obligations of Tenant hereunder shall remain as set forth herein except that the Lease Commencement DateExisting Tenant shall exercise the Existing Tenant Purchase Option, the Base Rent Commencement Date and the Expiration Date shall be postponed one day for each day of Delay. In the event the Official Committee of Unsecured Creditors elects to accept the Starter Lease, Landlord shall promptly notify Tenant, and this Lease shall terminate effective as of the date of such notification, in which event, this Lease and the obligations of the parties hereunder shall terminate except for such obligations as are to survive any such termination by their express terms. Notwithstanding anything in this Special Stipulation 14 to the contrary, in the event the Official Committee of Unsecured Creditors fails either to accept Seller or to reject the Starter Lease on or before the sixtieth (60th) day following the Lease Date, then either party shall have the right to Buyer may terminate this Lease, to be exercised Amended and Restated Contract by delivering written notice to the other party on or before hereto, in which event, the seventieth (70th) day following Deposit shall be immediately refunded to Buyer and the Lease Date (provided the Official Committee of Unsecured Creditors has not rejected the Starter Lease prior to such party's receipt of such termination notice), and thereafter neither Landlord nor Tenant parties shall have any no further obligation hereunder. EXHIBIT D RULES AND REGULATIONS These Rules liabilities or obligations hereunder except as otherwise expressly set forth in this Amended and Regulations have been adopted by Landlord for the mutual benefit and protection of all the tenants of the Building in order to insure the safety, care and cleanliness of the Building and the preservation of order thereinRestated Contract.

Existing Tenant. Landlord represents and Tenant acknowledges and --------------- agrees that as of the Lease DateAdditional Space is presently occupied by another tenant, Starter Corporation ("Starter") is the tenant currently occupying the Demised Premises pursuant to a lease between Landlord (or Landlord's predecessor in interest) and Starter Creative Business Consultants/Xxxxxxx Corporate Services, Inc., (the "Starter Existing Tenant") under a lease agreement dated November 4, 1993, between Graybar Building Company, predecessor in interest to Landlord, as landlord, and the Existing Tenant, as tenant (the "Existing Lease"). Starter has filed for bankruptcy and Pursuant to the Official Committee Existing Lease, the Existing Tenant is required to surrender to Landlord possession of Unsecured Creditors (appointed in lieu the Additional Space upon the expiration of a trustee) handling the bankruptcy is expected term of the Existing Lease, December 31, 1999, pursuant to reject the Starter Lease (terms of the actual date of any such rejection being referred to herein as the "Starter Rejection Date", and the effective date of any such rejection being referred to herein as the "Starter Effective Date")Existing Lease. Landlord covenants and agrees that Landlord shall not renew or extend the period of time that the Existing Tenant is permitted to use reasonable good faith efforts to cause Starter to vacate the Demised Premises (except with respect to any personalty or trade fixtures that will remain in the Demised Premises pursuant to a separate agreement between Starter Additional Space. Landlord and Tenant) promptly following Tenant agree that if the later to occur of (a) Existing Tenant does not vacate on or before the Starter Rejection Datetime required by the Existing Lease, and (b) as a result Landlord shall be unable to deliver possession of the Starter Effective Date (Additional Space to Tenant as required by this Agreement then Landlord shall not be subject to any liability for such later date being referred to herein as the "Starter Termination Date")failure, and this Agreement, subject to any orders the provisions of Article 2A hereof, shall stay in full force and effect without extension of the applicable bankruptcy court term, however, the Tenant's obligation to pay rent hereunder shall not commence and any rent credits to which Tenant is entitled hereunder shall be similarly delayed until possession of the Additional Space is delivered to Tenant, subject to the contrary or restrictions or limitations in federal and bankruptcy lawsprovisions of Article 16 of the Lease. In the event that the Starter Termination Date occurs after September 1, 1999, or in the event Starter refuses or Existing Tenant fails to surrender to Landlord and vacate the Demised Premises after Additional Space at the Starter Termination Date (each such event being referred to herein as a "Delay"), scheduled expiration of the obligations of Tenant hereunder shall remain as set forth herein except that the Lease Commencement Date, the Base Rent Commencement Date and the Expiration Date shall be postponed one day for each day of Delay. In the event the Official Committee of Unsecured Creditors elects to accept the Starter Existing Lease, Landlord shall promptly notify Tenant, commence and this Lease shall terminate effective as of the date of such notification, in which event, this Lease and the obligations of the parties hereunder shall terminate except for such obligations as are diligently prosecute to survive any such termination by their express terms. Notwithstanding anything in this Special Stipulation 14 to the contrary, in the event the Official Committee of Unsecured Creditors fails either to accept or to reject the Starter Lease on or before the sixtieth (60th) day following the Lease Date, then either party shall have the right to terminate this Lease, to be exercised by delivering written notice to the other party on or before the seventieth (70th) day following the Lease Date (provided the Official Committee of Unsecured Creditors has not rejected the Starter Lease prior to such party's receipt of such termination notice), and thereafter neither Landlord nor Tenant shall have any further obligation hereunder. EXHIBIT D RULES AND REGULATIONS These Rules and Regulations have been adopted by Landlord for the mutual benefit and protection of all the tenants of the Building completion appropriate summary proceedings in order to insure evict the safetyExisting Tenant therefrom and recover lawful possession thereof. In such event, care upon Landlord's recovery of actual and cleanliness lawful possession of the Building Additional Space, Landlord shall furnish Tenant with notice thereof and deliver possession to Tenant promptly thereafter. The provisions of this Article and this Agreement shall apply with regard to the preservation timing of order thereinLandlord's delivery of possession of the Additional Space, subject to the provisions of Article 2A hereof.

Existing Tenant. Tenant acknowledges that as the Additional Sixth Floor Space is subject to an existing lease and Landlord will not be able to deliver the Additional Sixth Floor Space to Tenant until such lease expires or terminates and the occupant of the Lease Additional Sixth Floor Space vacates the same. Landlord has advised Tenant that such lease for the Additional Sixth Floor Space is scheduled to terminate on June 30, 2000; however, Tenant agrees that if Landlord delivers vacant, broom-clean possession of the Additional Sixth Floor Space to Tenant prior to June 30, 2000, such earlier date of delivery shall be the Additional Sixth Floor Space Possession Date; provided, Starter Corporation that in no event shall such earlier date of delivery be earlier than five ("Starter"5) is days after Landlord gives to Tenant notice of the tenant currently occupying date on which Landlord anticipates that the Demised Premises pursuant Additional Sixth Floor Space shall be so delivered to a lease between Tenant (unless Tenant or anyone claiming under or through Tenant first occupies the Additional Sixth Floor Space for the performance of its work therein or any other purpose prior to the giving of such notice by Landlord (or Landlord's predecessor in interest) and Starter (the "Starter Lease"expiration of such 5-day period). Starter has filed for bankruptcy and the Official Committee of Unsecured Creditors (appointed in lieu of a trustee) handling the bankruptcy is expected to reject the Starter Lease (the actual date of If any such rejection being referred to herein as the "Starter Rejection Date", and the effective date of any such rejection being referred to herein as the "Starter Effective Date"). Landlord agrees to use reasonable good faith efforts to cause Starter to vacate the Demised Premises (except with respect to any personalty or trade fixtures that will remain tenant in the Demised Premises pursuant to a separate agreement between Starter and Tenant) promptly following the later to occur of (a) the Starter Rejection DateAdditional Sixth Floor Space shall holdover beyond June 30, and (b) the Starter Effective Date (such later date being referred to herein as the "Starter Termination Date"), subject to any orders of the applicable bankruptcy court to the contrary or restrictions or limitations in federal and bankruptcy laws. In the event the Starter Termination Date occurs after September 1, 1999, or in the event Starter refuses or fails to vacate the Demised Premises after the Starter Termination Date (each such event being referred to herein as a "Delay"), the obligations of Tenant hereunder shall remain as set forth herein except that the Lease Commencement Date, the Base Rent Commencement Date and the Expiration Date shall be postponed one day for each day of Delay. In the event the Official Committee of Unsecured Creditors elects to accept the Starter Lease2000, Landlord shall promptly notify Tenant, use reasonable efforts (including the prompt commencement and this Lease shall diligent prosecution of summary proceedings) to terminate effective as of the date of such notification, in which event, this Lease and the obligations of the parties hereunder shall terminate except for such obligations as are to survive any such termination by their express termsholdover tenancy. Notwithstanding anything to contrary contained in this Special Stipulation 14 to the contrary, in the event the Official Committee of Unsecured Creditors fails either to accept or to reject the Starter Lease on or before the sixtieth (60th) day following the Lease Date, then either party shall have the right to terminate this Lease, to be exercised by delivering written notice to the other party on or before the seventieth (70th) day following the Lease Date (provided the Official Committee of Unsecured Creditors has not rejected the Starter Lease prior to such party's receipt of such termination notice), and thereafter neither Landlord nor Tenant agrees that Tenant shall have no claim against Landlord, and Landlord shall have no liability to Tenant for any further obligation hereunder. EXHIBIT D RULES AND REGULATIONS These Rules and Regulations have been adopted by Landlord for the mutual benefit and protection of all the tenants failure or delay to deliver possession of the Building in order Additional Sixth Floor Space pursuant to insure the safety, care terms hereof on the anticipated availability date or any other specific date and cleanliness the validity of the Building and Lease, as amended hereby, shall not be impaired under such circumstances nor shall the preservation of order thereinsame be construed to extend the Term.

Existing Tenant. Landlord and Tenant acknowledges acknowledge that as the Premises --------------- are currently occupied by the Existing Tenant. Landlord warrants to Tenant that the Existing Tenant has and shall have no right to occupy any or all of the Lease DatePremises after February 5, Starter Corporation ("Starter") is 2000, and Landlord shall not make, amend or modify any lease or agreement with the tenant currently occupying the Demised Premises Existing Tenant pursuant to a lease between Landlord (or Landlordwhich the Existing Tenant's predecessor in interest) and Starter (rights to so occupy the "Starter Lease"). Starter has filed for bankruptcy and the Official Committee of Unsecured Creditors (appointed in lieu of a trustee) handling the bankruptcy is expected to reject the Starter Lease (the actual date of any Premises are extended beyond such rejection being referred to herein as the "Starter Rejection Date", and the effective date of any such rejection being referred to herein as the "Starter Effective Date")date. Landlord agrees to use reasonable good faith efforts deliver possession of the Premises to cause Starter Tenant not later than April 1, 2000, and Landlord shall coordinate with the Existing Tenant regarding the removal of Existing Tenant's fixtures, equipment and improvements (including, without limitation, telephones, cubicle furniture, computer equipment and the Halon fire suppression system) following the expiration or sooner termination of the Existing Tenant's occupancy. The failure of Landlord to vacate deliver the Demised entire Premises (except with respect to the Tenant by April 1, 2000 shall not be a default of the Landlord under this Lease nor give rise to any personalty or trade fixtures that will remain in rights and remedies on the Demised Premises pursuant Tenant's part, so long as Landlord shall promptly initiate and thereafter diligently pursue to completion a separate agreement between Starter and Tenant) promptly following the later summary process action to occur of (a) the Starter Rejection Date, and (b) the Starter Effective Date (such later date being referred to herein as the "Starter Termination Date"), subject to any orders recover possession of the applicable bankruptcy court Premises. If by May 1, 2000, the Landlord has failed to so deliver the entire Premises to the contrary or restrictions or limitations in federal and bankruptcy laws. In the event the Starter Termination Date occurs after September 1Tenant, 1999, or in the event Starter refuses or fails to vacate the Demised Premises after the Starter Termination Date (each such event being referred to herein as a "Delay"), the obligations of Tenant hereunder shall remain as set forth herein except that the Lease Commencement Date, the Base Rent Commencement Date and the Expiration Date shall be postponed one day then for each day of Delayafter May 1 that such failure continues, and as its sole remedy therefor, Tenant shall be entitled to one (1) day's free occupancy after the Rent Commencement Date. In If by August 1, 2000 the event Landlord has still failed to so deliver the Official Committee of Unsecured Creditors elects entire Premises to accept the Starter Lease, Landlord shall promptly notify Tenant, and then as its sole remedy therefor the Tenant may terminate this Lease by notice thereof to the Landlord, whereupon this Lease shall terminate effective as and be without further force or effect, except that Landlord shall reimburse Tenant for Tenant's actual and reasonable costs and expenses (including without limitation reasonable attorneys' fees) of the date of such notification, in which event, entering into this Lease and the obligations of the parties hereunder shall terminate except for such obligations as are not to survive any such termination by their express terms. Notwithstanding anything in this Special Stipulation 14 to the contrary, exceed $7,500 in the event the Official Committee of Unsecured Creditors fails either to accept or to reject the Starter Lease on or before the sixtieth (60th) day following the Lease Date, then either party shall have the right to terminate this Lease, to be exercised by delivering written notice to the other party on or before the seventieth (70th) day following the Lease Date (provided the Official Committee of Unsecured Creditors has not rejected the Starter Lease prior to such party's receipt of such termination notice), and thereafter neither Landlord nor Tenant shall have any further obligation hereunder. EXHIBIT D RULES AND REGULATIONS These Rules and Regulations have been adopted by Landlord for the mutual benefit and protection of all the tenants of the Building in order to insure the safety, care and cleanliness of the Building and the preservation of order thereinaggregate.