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EXHIBIT 3 SclraduIo 1-3" Tenant shall be given a credit mgninsl ROFO Rent nextdue hereunderequat to the onhount of any overpayment, if Tenont fails, it, the applicable Acceptance Notice, to expressly reject Landlord's dmerminatlou of the FMRR (and ROPO Rent) set forth In the applicable First Offer Notice, than Tortoni shall conclusively be dcenhed to have accepted Landlord's determination of the FMRR (and ROFO Rent) for the applicable Leased First Right Space as set forth in the applicable First War Notice. Notwithstanding anything m the contrary herein. Tenant shall pay Additional Rent with rospuct to any Leased First Right Space In the same mummer as for the Initial Premises, including, without limitation, in necordonce with the provisions of Section 4,2 of the Cease, and Tenant's Percentage Shore shall be Increased to take Into account lire expansion or the Premises to include such Leased First Right Spsce, 3A Dclivery and Condition amassed First Right Snscia Delivery Improvement, 3AI Landlord shall endeavor to deliver the Leased First Right Space to Tmlan, on or before the applicable Offered Space Scheduled Commencement Date (as identified in the applicable First Offer Notice); provided, however, that if for any reason, Landlord Is not in a position to so deliver such Leased First Right Space on such date, Landlord shalt not be In breach under this Lease and otherwise shall have no liability to Tenant so long as Landlord uses commercially reasonable efforts to deliver such Leased First Right Space to Tenant as soon as reasonably possible thereafter. 3,4.2 Tenant shall accept any Leased First Right Space In its then existing "AS IS" condition and state of repair, and Landlord shall not be required to perform any work, supply any materials or Incur any expense (including the greeting of any allowance to Texan with respect thereto) to prepare any Leased First Right Space for Tenant's occupancy; provided, however, that; (a) Landlord shall causo the Leased First Right Space to be demised prior to the date on which it is delivered to Tenant, and (b) to the extent (and only to the extent) detarmhhed in connection with detenninedon of the FMRR for any Leased First Right Space: (i) if such Leased First Right Space has not, prior to the dale the some Is delivered to Tenant, previously been improved, Landlord shall grant to Tenant, a rent free construction period (with respect to the ROFO Rent payable fbr such Leased First Right Space only) for tie constmc tan of the initial Leasehold Improvements (if any) in such Leased First Right Space, and (B) Landlord may grant to Tenant au Improvement allowance to be used for costs that are incurred In connection with the construction of the Initial Leasehold Improvements (if city) in such Leased First Right Space, The construction of all Leasehold Improvements by Tenant in any Leased First Right Space shut I comply with the provisions of Article 10 or die Lease $01 WC8•ie Lean •44 Itxhibil I 80A-709