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49 <br /> 10. DEFAULT BY LESSOR(APR 2012) <br /> (a) The following conditions shall constitute default by the Lessor, and shall give rise to the following rights <br /> and remedies for the Government: <br /> (1) Prior to Acceptance of the Premises. Failure by the Lessor to diligently perform all obligations <br /> required for Acceptance of the Space within the times specified, without excuse, shall constitute a default by the Lessor. <br /> Subject to provision of notice of default to the Lessor, and provision of a reasonable opportunity for the Lessor to cure its <br /> default, the Government may terminate the Lease on account of the Lessor's default. <br /> (2) After Acceptance of the Premises. Failure by the Lessor to perform any service, to provide any <br /> item, or satisfy any requirement of this Lease, without excuse, shall constitute a default by the Lessor. Subject to <br /> provision of notice of default to the Lessor, and provision of a reasonable opportunity for the Lessor to cure its default, <br /> the Government may perform the service, provide the item, or obtain satisfaction of the requirement by its own <br /> employees or contractors. If the Government elects to take such action, the Government may deduct from rental <br /> payments its costs incurred in connection with taking the action. Alternatively, the Government may reduce the rent by <br /> an amount reasonably calculated to approximate the cost or value of the service not performed, item not provided, or <br /> requirement not satisfied, such reduction effective as of the date of the commencement of the default condition. <br /> (3) Grounds for Termination. The Government may terminate the Lease if: <br /> (i) The Lessor's default persists notwithstanding provision of notice and reasonable <br /> opportunity to cure by the Government, or <br /> (ii) The Lessor fails to take such actions as are necessary to prevent the recurrence of default <br /> conditions, <br /> and such conditions (i) or(ii) substantially impair the safe and healthful occupancy of the Premises, or render the Space <br /> unusable for its intended purposes. <br /> (4) Excuse. Failure by the Lessor to timely deliver the Space or perform any service, provide any <br /> item, or satisfy any requirement of this Lease shall not be excused if its failure in performance arises from: <br /> (i) Circumstances within the Lessor's control; <br /> (ii) Circumstances about which the Lessor had actual or constructive knowledge prior to the <br /> Lease Award Date that could reasonably be expected to affect the Lessor's capability to <br /> perform, regardless of the Government's knowledge of such matters; <br /> (iii) The condition of the Property; <br /> (iv) The acts or omissions of the Lessor, its employees, agents or contractors; or <br /> (v) The Lessor's inability to obtain sufficient financial resources to perform its obligations. <br /> (5) The rights and remedies specified in this clause are in addition to any and all remedies to which <br /> the Government may be entitled as a matter of law. <br /> 11. 552.270-19 PROGRESSIVE OCCUPANCY(SEP 1999) <br /> The Government shall have the right to elect to occupy the space in partial increments prior to the substantial <br /> completion of the entire leased premises, and the Lessor agrees to schedule its work so as to deliver the space <br /> incrementally as elected by the Government. The Government shall pay rent commencing with the first business day <br /> following substantial completion of the entire leased premise unless the Government has elected to occupy the leased <br /> premises incrementally. In case of incremental occupancy, the Government shall pay rent pro rata upon the first <br /> LESSOR: GOVERNMENT: GSA FORM 35178 <br /> REV(10/20) <br /> Page 5 <br />