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provide to Landlord a copy of Tenant's updated financial statements (in audited formed, if and only if available) for the most recently completed fiscal year for which such financial statement are available. Landlord covenants and agrees to maintain strict confidentiality of Tenant's financial statements and the contents thereof and not to disclosc or publish Tenant's financial statcmcnts or thc contcnts thcrcof to any pcrson(s) or entity(ies) other than the executive officers of Landlord (who in turn shall maintain the confidentiality of and not disclose or publish Tenant's financial statements or the contents thereof), except that Landlord shall have the right to share this information with Landlord's capital providers and lenders who are approved by Tenant, in writing, in advance and who agree in writing to observe the confidentiality and non-disclosure provisions hereof. Notwithstanding anything to the contrary contained herein, this Lease shall not be subject to termination as a consequence of Tenant's current or future financial condition. _. Landlord and Tenant shall cooperate in good faith and use commercially reasonable efforts to satisfy the foregoing conditions as soon as practical after the Effective Date or, if later, on or before such other date as may be expressly set forth above. If any or all of the foregoing conditions precedent are not satisfied or waived in writing by Tenant within the applicable time period specified above, then: (1) at any time thereafter but prior to the satisfaction of the applicable condition, Tenant may terminate this Lease by notice to Landlord of its election to terminate, and (2) unless and until this Lease is terminated or the applicable condition is satisfied or waived in writing by Tenant, Landlord shall diligently and continuously use its commercially reasonable efforts to satisfy the applicable condition. The failure to satisfy the foregoing conditions shall not be deemed to be a default by Landlord hereunder (unless such failure is due to the failure of Landlord to perform its express obligations hereunder) and Tenant's sole recourse for such failure shall be to terminate this Lease in accordance with the terms hereof. Subject to the conditions that Landlord shall have performed its express obligations hereunder (including, without limitation, using all commercially reasonable efforts to satisfy the foregoing condition), if the foregoing conditions are not satisfied or waived in writing by Tenant within two (2) years after the Effective Date, then Landlord shall have the right to terminate this Lease upon not less than sixty (60) days' prior written notice to Tenant; provided, however, that such termination notice shall be void and ineffective if the foregoing conditions are satisfied or waived by Tenant in writing within such 60-day period. ARTICLE 3 TERM AND POSSESSION Section 3.1 Term of Lease. (a) Commencement Date. Landlord hereby leases the Premises to Tenant for the Term. The Term shall commence on the date (the "Commencement Date") which is the earlier of: (i) the first day following the end of the Tenant's Work Period, provided that the Commencement Date Conditions shall have been satisfied; or (ii) the date Tenant opens the 17 CHG02:3091375.v8 . ._--_....~...