SLEEPY HOLLOW INVESTMENT COMPANY
OFFICE LEASE
THIS LEASE is made this twenty-third (23rd) day of August 1996, between SLEEPY
HOLLOW INVESTMENT COMPANY, a general partnership, as Landlord, and INTRAWARE
INC., a Delaware Corporation as Tenant, on the following terms and conditions:
1. PREMISES: Landlord hereby leases to Tenant the following described
property, hereinafter called 'premises': Suite 101, Vintage Office Building, 25
Orinda Way, Orinda, CA, consisting of approximately 6,466 rentable square feet
which premises are outlined in red on the plan attached hereto and marked
'Exhibit A.' Actual square footage is subject to final agreement between the
parties, provided, however, that the Premises shall not include a factor for
'common area' due to the presence of restrooms within the Premises.
2. TERM: The term of this Lease shall be for a period of two (2) years,
commencing on the date possession of the premises is delivered to Tenant by
Landlord with the tenant improvements substantially complete. Within thirty
(30) days of the date of said delivery of possession to Tenant, the parties
hereto agree to enter into a Lease Modification Agreement establishing the date
of the term of this lease and calculated size of the Premises. If for any
reason whatsoever Landlord cannot deliver possession of the premises to Tenant,
this Lease shall not be void or voidable, nor shall Landlord be liable for any
loss or damage resulting therefrom, provided however, if the premises are not
delivered by December 1, 1996, Tenant may cancel this Lease and be refunded its
prepaid rent and deposit.
3. RENT: Tenant shall pay to Landlord as rent in advance on the first
day of each calendar month of the term of this Lease, without deduction, offset,
prior notice or demand, ten thousand six hundred sixty nine and 00/100 Dollars
($10,669.00) ($1.65 per rentable square foot per month) in lawful money of the
United States. Monthly rent shall increase to eleven thousand three hundred
fifteen and 00/100 Dollars ($11,315.00) ($1.75 per rentable square foot per
month) beginning with the thirteenth (13th) month of the lease term. The rent
shall be payable to Landlord and mailed to: Sleepy Hollow Investment Co., 2300
Contra Costa Blvd., Suite 200, Pleasant Hill, CA 94523 or such other address as
shall be designated in writing by Landlord. If the date of commencement or
expiration of the term of this Lease occurs on a day other than the first day of
a calendar month, the rent at the monthly rate shall be prorated upon the basis
which the number of days of the term of this lease of such month bears to the
total number of days in such month.
Receipt of the sum of thirty two thousand six hundred sixty nine and 00/100
Dollars ($32,669.00) is hereby acknowledged. The sum of ten thousand six
hundred sixty nine and 00/100 Dollars ($10,669.00) shall be credited against the
first month's rent. The sum of twenty two thousand and 00/100 Dollars
($22,000.00) is in consideration of the execution of this Lease and shall be
held as a Security Deposit. In the event Tenant shall perform fully all the
terms and conditions of this Lease throughout the term, upon Tenant vacating the
premises and not being in default under this Lease, then Landlord shall return
said sum after first deducting any sum owing to Landlord. If Tenant is not in
default of any of the terms of this Lease, Landlord shall apply ten thousand six
hundred sixty nine and 00/100 Dollars ($10,669.00) of the Security Deposit to
the eighth month's rent. Landlord may apply said sum earlier upon approval of
Tenant's financial condition.
4. USE: Tenant shall use and occupy the premises during the term for
general office purposes and for no other purpose without the prior written
consent of Landlord. Tenant shall not use or permit the premises or any part
thereof to be used for any purpose other than the purpose or purposes for which
the premises are leased.
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No use shall be made or permitted to be made of the premises or acts done
which will increase the existing rate of insurance on the building or cause the
cancellation of any insurance policy covering the building or any part thereof.
If any act on the part of Tenant or use of the premises by Tenant shall cause,
directly or indirectly, any increase of Landlord's insurance, such additional
expense shall be paid by Tenant to Landlord upon demand. Tenant shall not sell
or permit to be kept, used or sold in or about the premises any article which
may be prohibited by the standard form of fire insurance policies.
Tenant shall not commit or suffer to be committed any waste upon the
premises or any public or private nuisance or any other act or thing which may
disturb the quiet enjoyment of any other tenant in the building in which the
premises are located. Tenant shall not use the premises or permit the premises
to be used in whole or in part for any purpose or use that is deemed to be a
violation of any of the laws, ordinances, regulations or rules of any public
authority or organization at any time. A judgment of any court of competent
jurisdiction or the admission by Tenant in any action or proceeding against
Tenant that Tenant has violated any such laws, ordinances, regulations or rules
in the use of the premises shall be deemed to be a conclusive determination of
that fact between Landlord and Tenant.
5. UTILITIES: Landlord at landlord's sole cost and expense, shall
furnish the premises during reasonable business hours, as shall be determined by
landlord by regulations duly adopted by Landlord, and provided Tenant is not in
default under any of the provisions of this Lease, all water, sewage, and
janitorial service used in reasonable amounts on the premises. The interruption
or curtailment of any such services shall not constitute constructive eviction
and shall not entitle Tenant to the abatement of rent or to any other claim
against Landlord. Tenant at Tenant's sole cost and expense, shall contract
directly with gas and electricity providers for all gas and electricity provided
to premises. Premises are metered separately from the rest of the building.
6. ASSIGNMENT: Tenant shall not assign this Lease voluntarily or by
operation of law, or any right hereunder, nor sublet the premises or any part
thereof, without the prior written consent or landlord, which consent shall not
be unreasonably withheld.
7. CONDITION OF PREMISES AND REPAIRS: Tenant shall be deemed to have
agreed by accepting occupancy that the premises are in good order, condition and
repair. Tenant, at Tenant's expense shall keep the premises in good order,
condition and repair, including all fixtures and equipment installed by Tenant.
Tenant waives any statutory right to make repairs at the expense of Landlord.
In the event Tenant fails to maintain the premises in good order and repair,
Landlord shall give Tenant notice to make such repairs. In the event Tenant
fails to do so, Landlord shall have the option to make such repairs at the
expense of Tenant. Landlord shall have no liability to Tenant for any damage,
inconvenience or interference with use of the premises by Tenant as a result of
the making of any such repairs.
8. ALTERATIONS AND LIENS: Tenant shall not make or permit to be made any
alterations, changes in and additions to the premises without the prior written
consent of Landlord. All alterations, changes and additions that may be
required shall be done either by or under the direction of Landlord at the cost
of Tenant, and shall become immediately the property of Landlord and shall
remain upon and be surrendered with the premises at the termination of the term
of this Lease.
Tenant, upon the termination of this Lease or the expiration of the term
hereof, or for any other reason, shall quit and surrender the premises in good
order, condition and repair, reasonable wear and tear and damage by fire, and
act of God or the elements excepted. Upon the termination of this Lease or the
expiration of the term or otherwise, Landlord shall have the option to require
Tenant to remove from the premises, at Tenant's expense, all improvements placed
on the premises by Tenant, with the premises thereafter to be restored to its
previous condition, at the expense of Tenant.
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Tenant shall keep the premises and building of which the premises are a
part free and clear of any liens and shall indemnify, hold harmless and defend
Landlord from any liens and encumbrances arising out of any work performed or
materials furnished by or at the direction of Tenant. In the event any lien is
filed, Tenant shall do all acts necessary to discharge any lien within ten (10)
days of filing, or if Tenant desires to contest any lien, then Tenant shall
deposit with Landlord such security as Landlord shall demand to insure the
payment of the lien claim. In the event Tenant shall fail to pay any lien claim
when due or shall fail to deposit the security with Landlord, then Landlord
shall have the right to expend all sums necessary to discharge the lien claim,
and Tenant shall pay as additional rental, when the next rental payment is due,
all sums expended by Landlord in discharging any lien, including attorneys' fees
and costs.
9. SIGNS: Landlord shall provide building standard signage on the lobby
directory. Subject to review and agreement by Landlord and the City of Orinda,
Tenant shall have the right to place a sign above the lower level entrance to
the Premises. Said signage shall be consistent with the character and style of
the building and shall be at Tenant's sole cost and expense. Tenant shall not
place or permit to be placed in, upon, about or outside the said premises or any
part of the building in which the premises are located, any signs without the
prior written consent of Landlord and the City of Orinda.
10. RIGHT OF ENTRY: Landlord and its agents shall have the right at any
reasonable time to enter upon the premises so long as it does not interfere with
the business activities of Tenant on the premises, for the purpose of
inspection, serving or posting notices, maintaining the premises (including the
erection and maintenance of scaffolding, partitions and repair equipment as
shall be required), complying with laws, ordinances and regulations, protecting
the premises, or for any other lawful purpose, including showing the premises to
prospective purchasers or tenants and placing on the premises usual 'for rent'
or 'for lease' signs.
11. INDEMNIFICATION: Landlord shall be free of all liabilities and claims
for damage by reason of any injury or death to any person or persons, including
Tenant, or property of any kind whatsoever and to whomsoever belonging,
including Tenant, from any cause or causes whatsoever, including acts or
omissions of other tenants in the building, except any liability and claim
caused solely by the acts of Landlord, its agents or servants, while in, upon or
connected in anyway with the premises, during the term of this Lease or any
extensions or renewal thereof, or any occupancy hereunder, and Tenant hereby
agrees to indemnify, save harmless and defend Landlord from all liability,
damages, loss, costs and obligation, including court costs and counsel fees on
account of or arising out of or alleged to have arisen out of, directly or
indirectly, any such injuries, death or losses, however occurring.
12. INSURANCE: Tenant shall take out and keep in force during the term of
this Lease, at Tenant's expense, public liability and property damage insurance
with coverage in the amount of One Million Dollars ($1,000,000) with companies
and policies and form satisfactory to Landlord. Said policies shall be
presented to Landlord for written approval and said policies shall designate
specifically that Landlord is an additional named insured thereunder.
Tenant shall obtain a written obligation on the part of any such insurance
company to notify Landlord in writing of any delinquency in premium payments and
of any cancellation of any such policy. Tenant agrees if Tenant does not take
out such insurance or keep the same in full force and effect, Landlord may take
the necessary insurance and pay the premium therefor and Tenant shall repay to
Landlord the amount so paid by having such amount deemed to be additional rental
and payable as such in the next rental payment due. Tenant shall take out and
maintain fire insurance covering his stock in trade and furniture and fixtures
in an amount equal to the full insurable value thereof.
Landlord hereby releases Tenant and Tenant hereby releases Landlord and
their respective officers, agents and employees from any and all claims and
demands for loss, damages, expense or injury to the premises, furnishings,
fixtures and equipment located on the premises which is caused by or results
from perils, events or happenings which are the subject of insurance carried by
the respective parties in force at the time of any such loss; provided, however,
that such waiver shall be effective only to the extent
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permitted by the insurance covering such loss and to the extent such insurance
is not prejudiced thereby or the expense increased.
13. ESTOPPEL CERTIFICATE: Tenant shall execute, acknowledge and deliver
to Landlord at any time within ten (10) days after request by Landlord, a
statement in writing certifying, if such be the case, that this Lease is
unmodified and in full force and effect (or if there have been modifications,
that the same is in full force and effect as modified), the date of commencement
of this lease, the dates on which rent has been paid, and such other information
as Landlord shall reasonably request. It is acknowledged by Tenant that any
such statement is intended to be delivered by Landlord and relied upon by
prospective purchasers, mortgagees, beneficiaries, under deeds of trust or
assignees thereof.
14. COMPLIANCE WITH LAWS AND RULES: Tenant, at Tenant's sole cost, shall
comply with all laws, ordinances, orders and regulation of all governmental
authorities with respect to the premises and the use and occupation thereof by
Tenant. A judgment of any court of competent jurisdiction or the admission by
Tenant in any action or proceeding against Tenant that Tenant has violated any
such laws, ordinances, orders, or regulations, shall be deemed to be conclusive
as to Landlord and Tenant.
Tenant and Tenant's agents servants and employees, visitors and licensees,
shall observe and comply strictly with the rules and regulations attached hereto
as Exhibit B and with all other reasonable rules adopted or which are adopted
hereafter for the care protection, cleanliness and proper operation of the
building and all the tenants in the building. Landlord shall have no obligation
to Tenant as a result of the violation of any such rules by any tenant or any
other person. Landlord shall maintain a copy of such rules in the office of
Landlord for inspection by Tenant at any reasonable time. All of such rules
shall be deemed a material term in this Lease.
Notwithstanding any provisions in Article 14 and Article 4 to the contrary,
Landlord and Tenant shall have no responsibility or liability for the intended
use by Tenant violating any zoning restrictions by the City of Orinda.
15. DESTRUCTION: In the event of damage causing a partial destruction of
the premises during the term of this Lease from any cause and repairs can be
made within sixty (60) days from the date of the damage under the applicable
laws and regulations of governmental authorities, Landlord shall repair said
damage promptly and within a reasonable time, but such partial destruction shall
not void this Lease, except that Tenant shall be entitled to a proportionate
deduction of rent while such repairs are being made, such proportionate
deduction to be based upon the extent to which the portion of the premises
unusable by Tenant bears to the total area of the premises.
If such repairs cannot be made in sixty (60) days, Landlord may, at its
option, make the same within a reasonable time, this Lease continuing in full
force and effect and the rent to be proportionately rebated as provided in the
previous paragraph. In the event that Landlord does not so elect to make such
repairs which cannot be made in sixty (60) days, or such repairs cannot be made
under such laws and regulations, this Lease may be terminated at the option of
either party.
16. CONDEMNATION: If the whole or any part of the premises shall be taken
for public or quasi-public use by right of eminent domain, with or without
litigation, or transferred by agreement in connection with such public or
quasi-public use, this Lease, as to the part so taken or condemned or
transferred, shall terminate as of the date title shall vest in the condemnor
and the rent payable hereunder shall be adjusted so that Tenant shall be
required to pay for the remainder of term only such portion of the rent as the
area in the part remaining after the taking or condemnation bears to the area of
the entire premises as of the date title shall vest in the condemnor.
In the event of such taking or condemnation by judgment, verdict or
agreement, Landlord shall have the option to terminate this Lease as of said
date, or if all of the demised premises shall be so taken or condemned or such
part thereof be so taken or condemned so that there does not remain a portion
susceptible of occupation hereunder, this Lease shall thereupon terminate.
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All compensation awarded upon such condemnation or taking shall go the
Landlord and the Tenant shall have no claim thereto, and Tenant hereby
irrevocably assigns and transfers to the Landlord any right to compensation or
damages to which the Landlord may become entitled during the term hereof by
reason of the condemnation of all or part of the premises.
17. REMEDIES: If (i) Tenant's interest, or any part of his interest, in
this Lease be assigned or transferred, either voluntarily or by operation of
law, except with Landlord's consent, or (ii) a voluntary or involuntary petition
in bankruptcy, or for reorganization, or for an arrangement, be filed by or
against Tenant, or any member of Tenant if Tenant be a partnership or joint
venture, or if Tenant be adjudicated bankrupt or insolvent, or if a receiver be
appointed of the business or of the assets of Tenant, except a receiver
appointed at the instance or request of Landlord, or if Tenant make a general
assignment, or any assignment for the benefit of his creditors, or (iii) Tenant,
after notice, fails to remedy any default (1) in the payment of any sum due
under this Lease for 5 days, or (2) in keeping of any other term, covenant or
condition of this Lease with all reasonable dispatch, then in addition to any
other remedy Landlord may have by operation of law, Landlord shall have the
right, without any further demand or notice, to re-enter the premises and eject
all persons from the premises, using all necessary force to do so, and either
(I) Declare this Lease terminated. On such termination Landlord may
recover from Tenant
(a) The worth at the time of award of the unpaid rent which had been
earned at the time of termination;
(b) The worth at the time of award of the amount by which the unpaid
rent which would have been earned after termination until the time of award
exceeds the amount of such rental loss that Tenant proves could have been
reasonably avoided;
(c) The worth at the time of award of the amount by which the unpaid
rent for the balance of the term after the time of award exceeds the amount of
such rental loss for such period that Tenant proves could be reasonably avoided;
(d) Any other amount necessary to compensate Landlord for all the
detriment proximately caused by Tenant's failure to perform his obligations
under this Lease, or which in the ordinary course of things would be likely to
result therefrom.
The 'worth of the time of award' of the amounts referred to in
subparagraphs (a) and (b) above, is computed by allowing interest at the rate of
eight percent (8%). The worth at the time of award of the amount referred to in
subparagraph (c) above is computed by discounting such amount at the discount
rate of the Federal Reserve Bank of San Francisco at the time of award, plus one
percent (1%).
(ii) Without terminating this Lease, relet the premises, or any part of
the premises, as the agent and for the account of Tenant upon such terms and
conditions as Landlord may deem advisable, in which event the rents received on
such reletting shall be applied first to the expenses of such reletting and
collection, including necessary renovation and alterations of the premises,
reasonable attorney's fees, any real estate commissions paid, and thereafter to
payment of all sums due or to become due Landlord under Lease, and if a
sufficient sum shall not be thus realized to pay such sums and other charges,
Tenant shall pay Landlord any deficiency monthly, notwithstanding Landlord may
have received rental in excess of the rental stipulated in this Lease in
previous or subsequent months, and Landlord may bring an action therefor as such
monthly deficiency shall arise.
18. ATTORNEY FEE: Tenant agrees that if Landlord is involuntarily made a
party defendant to any litigation concerning this Lease or the demised premises
or the premises of which the demised premises are a part by reason of any act or
omission of Tenant and not because of any act or omission of Landlord, then
Tenant shall hold harmless the Landlord from all liability by reason thereof,
including reasonable attorneys' fees incurred by Landlord in such litigation and
all taxable court costs. If
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legal action shall be brought by either of the parties hereto for the unlawful
detainer of the premises, for the recovery of any rent due under the provision
hereof, the party prevailing in said action (Landlord or Tenant, as the case
may be) shall be entitled to recover from the party not prevailing costs of suit
and a reasonable attorney's fee which shall be fixed by the judge of the court.
19. ARBITRATION: Any question, dispute or controversy arising under the
terms of this Lease, at the option of Landlord, shall be determined by
arbitration. Such arbitration shall be conducted pursuant to the provisions of
the laws of the State of California then in force, with the rules of procedure
to be those of the American Arbitration Association or its successor insofar as
said rules of procedure do not conflict with the laws of the State of California
then in force. Any award entered as a result of arbitration shall be entered as
a judgment, with the costs or arbitration to be paid as ordered by the
arbitrator.
21. HOLDING OVER: Any holding over after the expiration of the term of
this Lease by Tenant shall be deemed to be a tenancy from month to month and,
except for the term hereof, shall be on the same terms and conditions specified
herein so far as are applicable.
22. WAIVER: No covenant, term or condition of the breach thereof shall be
deemed waived, except by written consent of Landlord, and any waiver or the
breach of any covenant, term or condition shall not be deemed to be a waiver of
any preceding or succeeding breach of the same or any other covenant, term or
condition. Acceptance of all or any portion of rent at any time shall not be
deemed to be a waiver of any covenant, term or condition except as to the rent
payment accepted.
All covenants to be performed by Tenant under this lease are deemed
conditions.
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23. NOTICE: Any notice provided for herein shall be given by registered
or certified United States mail, postage prepaid, addressed, if to Landlord to
it at the address to which the rent is then mailed, and if to Tenant, to it at
the premises. The person and the place to which notices are to be mailed may
be changed by either party by notice to the other party, or additional persons
and/or places may be designated.
In the event any mortgagee shall elect to have this Lease a prior lien to
its mortgage, then and in such event, upon such mortgage notifying the Tenant in
writing to that effect, this lease shall have priority over the lien of such
mortgage to the same extent as if the same had been placed on record prior to
such mortgage. In the event that upon any sale, assignment or hypothecation of
the building of which the demised premises are a part, and/or of any leasehold
interest therein by Landlord, a statement shall be required from Tenant as to
offsets against the Landlord. The Tenant agrees to furnish said statement to
the party demanding the same accurately and promptly. Tenant covenants and
agrees, in the event any proceedings are brought for the foreclosure of, or in
the event of exercise of the power of sale under any mortgage covering the
demised premises, whether or not this Lease is terminated by such foreclosure or
sale, that it will, upon request by the purchaser, attain to the purchaser upon
any foreclosure or sale and recognize such purchaser as the Landlord under this
Lease, it being the intent hereof that if this Lease should be terminated by
such foreclosure or sale, it shall upon request by the purchaser, be reinstated
as a Lease between the purchaser and the Tenant. The Tenant, upon request of
any party in interest, shall execute such instrument or instruments as shall be
requested to carry out the requirements of this paragraph. For purposes of this
paragraph, the terms 'mortgage' and 'mortgagee' shall include, respectively,
'Deed of Trust' and 'beneficiary under a Deed of Trust'.
24. PARKING: Tenant and Tenant's owners, employees, agents and invitees
shall have non-exclusive rights to use the parking area serving the building in
which the premises are located on an equal basis with the other tenants of the
building subject to parking rules and regulations implemented by Landlord from
time to time. Current regulations provided Tenant with twenty one (21)
designated employee parking spaces as shown on the attached Exhibit C and
Tenant's proportionate share of visitor parking.
25. OPTION TO EXTEND: Tenant shall have two (2) consecutive option
periods to extend the term for one (1) year each by giving Landlord one hundred
twenty (120) days' prior written notice before expiration of the term then in
effect, on the same terms and conditions except rent for the first and second
option periods. The monthly rental rate payable for the first option period
shall be $1.85 per rentable square foot. The monthly rental rate payable for
the second option period shall be $1.95 per rentable square foot.
26. EXPANSION/TERMINATION: During the initial term of the Lease, Tenant,
with one hundred twenty (120) days prior written notice to Landlord, may
terminate this Lease effective anytime after the end of the twelfth (12th) month
of the initial lease term should Landlord be unable to accommodate Tenant's
growth in the building. Tenant agrees to use reasonable good faith effort to
provide Landlord with an estimate of its requirement for additional space.
Landlord agrees to use reasonable good faith effort to accommodate Tenant growth
in the building based upon mutually acceptable terms.
27. TENANT IMPROVEMENTS: Landlord shall complete the tenant improvements
as substantially set forth on the preliminary space plan dated August 23, 1996
prepared by Hansen and Associates. Tenant acknowledges the scope of these
improvements exceed the Landlord's tenant improvement allowance. In general,
the excess improvements include the four (4) private offices labeled 1, 2, 3 and
4, the low wall partitions, laminate work counters and any additional electrical
beyond that detailed on the attached plan. Upon agreement between Landlord and
Tenant of the amount of such excess, Tenant shall pay Landlord the full amount
of excess in cash in accordance with Landlord's obligation to pay its general
contractor.
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28. MISCELLANEOUS: The captions of the paragraph contained in this Lease
are for convenience only and shall not be deemed in resolving any question of
interpretation or construction of any paragraph of this Lease to be relevant.
All of the terms, convenants and conditions of this Lease shall be binding
upon and inure to the benefit of the parties hereto and their heirs, executors
and administrators, successors and assigns, except that nothing in this
provision shall be deemed to permit any assignment, sub-letting or use of the
premises other than as provided for herein.
This Lease shall be governed and interpreted solely by the laws of the
State of California then in force. Each number, singular or plural, as used in
this Lease, shall include all numbers and each gender shall be deemed to include
all genders.
Time is of the essence of this Lease and of each and every provision
hereof, except as to the conditions relating to the delivery of possession of
the premises to Tenant. All the terms, covenants and conditions contained in
this Lease to be performed by Tenant, if Tenant shall consist of more that one
person or organization, shall be deemed to be joint and several, and all rights
and remedies granted to Landlord by law shall be cumulative and non-exclusive of
any other remedy.
29. APPROVAL: Notwithstanding anything contained in this Lease, the
rights and obligations of the parties hereunder shall be subject to approval of
Tenant and/or Tenant's use of the premises by any public body or its officials
exercising control over the property on which the premises are located.
IN WITNESS WHEREOF, the parties have executed this Office Lease as of the
date first above written.
LANDLORD: SLEEPY HOLLOW INVESTMENT COMPANY
BY: /s/ Adam T. Henderson
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TENANT: INTRAWARE, INC., a Delaware Corporation
BY: /s/ Peter H. Jackson
--------------------------------------------
Peter H. Jackson, Chief Executive Officer
--------------------------------------------
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EXHIBIT B
RULES AND REGULATIONS ATTACHED TO AND MADE A PART OF THIS LEASE
1. Tenants, their employees or patrons, shall not loiter in the entrances
of corridors, nor in any way obstruct the sidewalks, entry passages, halls,
stairways, and elevators, and shall use the same only as passageways and means
of passage to and from their respective offices.
2. The sash doors, sashes, windows, glass doors, lights and skylights that
reflect or admit light into the halls or other places of the building shall not
be covered or obstructed. The toilets and urinals shall not be used for any
purpose other than those for which they were constructed, and no rubbish,
newspapers or other substances of any kind shall be thrown into them. Waste and
excessive or unusual use of water shall not be allowed. Tenant shall not mark,
drive nails, screw or drill into, paint, nor in any way deface the walls,
ceilings, partitions, floors, wood, stone or iron work. The expense of any
breakage, stoppage or damage resulting from violation of this rule shall be
borne by tenant who has caused such breakage, stoppage or damage.
3. No sign, nor advertisement, nor notice, shall be inscribed, painted or
fixed on or to any part of the outside or inside of the building, except it be
of such color, size and style, and in such place upon or in the building, as may
be designated by Lessor. All signs on doors or window glass will be painted for
tenants by Lessor, but the cost of painting shall be paid by tenant.
4. Electric wiring of every kind shall be introduced and connected as
directed by Lessor and no boring or cutting for wires will be allowed except
with the consent of Lessor. The location of telephones, call boxes, etc. shall
be prescribed by Lessor.
5. Lessor shall prescribe the weight, size and position of all safes and
other property brought into the building, and also the times of moving the same
in and out of the building; and all such moving must be done under the
supervision of Lessor. Lessor will not be responsible for any loss of or damage
to any such safe or property from any cause; but all damage done to the building
by moving or maintaining any such safe or property shall be repaired at the
expense of tenant. All safes shall stand on timbers of such size as shall be
designated by Lessor.
6. No additional lock or locks shall be placed by tenants on any door in
the building unless written consent of Lessor shall have first been obtained.
Two keys will be furnished by Lessor for every room, and any additional key
required must be obtained from lessor, 50 cents for each key to be deposited by
tenant; all keys shall be surrendered to Lessor upon termination of the tenancy.
7. Tenant shall not employ any person or persons other that the janitor of
Lessor for the purpose of cleaning the leased premises without the consent of
Lessor. Lessor shall not be responsible to any tenant for any loss of property
from the leased premises, however occurring, or for any damage done to the
effects of any tenant by the janitor or any other of Lessor's employees, or by
any other person.
8. Tenants, their clerks or servants, shall not make or permit any
improper noises in the building, nor play musical instruments or radios, nor
interfere in any way with other tenants or those having business with them.
Tenants, their clerks or servants, shall not throw substances of any kind out of
the window or doors, not down the passages or skylight of the building, nor sit,
nor place anything upon the window sills, not bring into or keep within the
building any animal or bicycle, motorcycle or other vehicle.
9. All freight must be moved into, within and out of the building under
the supervision of Lessor, and according to such regulations as may be posted in
the office of the building, but Lessor will not be responsible for loss of or
damage to such freight from any cause.
10. The requirements of tenants will be attended to only upon application
at the office of the building. Employees shall not perform any work nor do
anything outside of their regular duties unless under special instructions from
the office, and no employee shall admit any person (tenant or otherwise) to any
office without instructions from the office of the building.
11. No awnings allowed. Draperies are furnished each window by Lessor and
any additional window covering desired by tenant shall be put up at his expense
and must be of such uniform shape, color, material and make as may be prescribed
by Lessor.
12. No physician, surgeon or dentist shall advertise his business in any
manner prohibited by the Code of Ethics of the American Medical Association.
13. Tenant shall not use the name or address of the building complex or
any like phrase, as part of name of any business or occupation carried on in the
lease premises.
14. Ice, mineral water, towels and laundry shall be furnished to tenant
only by such persons as may be satisfactory to Lessor.
15. At any time while the building is in charge of a watchman, any person
entering or leaving the building may be questioned by him as to his business in
the building; and anyone not satisfying the watchman of his right to enter the
building may be excluded by him.
16. Lessor reserves the right to make such other and further rules and
regulations as in his judgment may from time to time be necessary for the safety
and cleanliness of, and for the preservation of good order in the building.
9
25 Orinda Way (Orinda, CA) Lease - Sleepy Hollow Investment Co. and Intraware Inc.
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