\n 6\/1\/1999 – 5\/31\/2000 $1.45 $31,562.15
\n 6\/1\/2000 – 5\/31\/2001 $1.51 $32,868.17
\n 6\/1\/2001 – 5\/31\/2002 $1.57 $34,174.19
\n 6\/1\/2002 – 5\/31\/2003 $1.63 $35,480.21
\n 6\/1\/2003 – 6\/30\/2004 $1.70 $37,003.90
\n<\/c><\/c><\/s><\/caption>\n<\/table>\n Notwithstanding the foregoing, the Base Monthly Rent for June, 1999,
\nshall be prorated to include only Base Monthly Rent for Suite 450.<\/p>\n
6. TENANT’s SHARE OF INCREASED COSTS.
\n ——————————— <\/p>\n
(a) The Base Rent payable during each calendar year or part thereof
\nduring the Term, after the calendar year 1999 (the calendar year 1999 being
\nhereinafter referred to as the “Base Year”) shall be increased by Tenant’s Share
\nof Increased Costs, as specified in the Basic Lease Information, of the total
\ndollar increase, if any, in Operating Expenses paid or incurred by Landlord in
\nthe Base Year. As used herein “Operating Expenses” means all costs, expenses and
\ndisbursements of any kind related to the administration, management, repair,
\noperation and maintenance of the Building or any portion thereof, including
\nwithout limitation, wages, salaries and other payroll costs and expenses,
\njanitorial maintenance, guard and other services, Building office rent or rental
\nvalue, power, water, waste disposal and other utilities, materials and supplies,
\nmaintenance and repairs, insurance, and depreciation on personal property and
\ncosts of making improvements to the Building or Common Areas that are required
\nby laws which come into effect after execution hereof, including, without
\nlimitation, improvements required by the Americans With Disabilities Act (42
\nU.S.C. Section 12181 et seq.); provided, however, that Operating Expenses shall
\n — —
\nnot include (i) taxes covered under paragraph (b) below; (ii) depreciation other
\nthan depreciation on exterior window draperies and carpeting in public corridors
\nand Common Areas, if any; (iii) costs incurred for leasing, renovating,
\nimproving or decorating vacant space or space for other tenants in the Building;
\n(iv) real estate brokers’ commissions; (v) interest; (vi) except as set forth in
\nSection 6(f) below, capital items; (vii) costs arising as a result of a
\nviolation of any law(s) applicable to the Building by Landlord, other tenants of
\nthe Building or their respective agents, employees or contractors or costs to
\nbring the Building into compliance with any applicable laws which are in effect
\nas of execution hereof; (viii) costs incurred to correct any construction
\ndefects in the Building or to comply with any conditions, covenants or
\nrestrictions affecting the Building in effect as of execution hereof; (ix) costs
\nincurred in connection with negotiations or disputes with other tenants or
\noccupants of the Building and costs arising from the violation of any lease or
\nagreement by Landlord or any other tenant or occupant of the Building;(x)
\nwithout limitation on the provisions of Section 46 below, costs incurred in the
\nremediation of Hazardous Materials; and (xi) costs for which Landlord receives
\nreimbursement from a third party (except from other tenants in the Building as a
\nshare of Operating Expenses in accordance with this provision or a similar
\nprovision in such tenants’ leases). The cost of premiums for earthquake or flood
\ninsurance, if incurred by Landlord after the Base Year, shall be added to the
\nBase Year calculation and Tenant shall only be responsible for its share of the
\namount exceeding the amount attributed to the Base Year. In the event that the
\nBuilding is less than ninety-five percent (95%) occupied, actual Operating
\nExpenses for both the Base Year and each subsequent calendar year shall be
\nadjusted to equal Landlord’s reasonable estimate of Operating Expenses had
\nninety-five percent (95%) of the total rentable area of the Building been
\noccupied and assessed.<\/p>\n
(b) The Base Rent payable during each calendar year, or part thereof
\nduring the Term, after the calendar year 1999 (the “Base Tax Year”), shall also
\nbe increased by Tenant’s Share of Increased Costs, as specified in the Basic
\nLease Information, of the total dollar increase, if any, in real and personal
\nproperty taxes, rental tax, gross receipts tax and any tax, tax assessment,
\nspecial assessment, charges or other imposition of any nature whatsoever levied
\nwholly or partly in lieu thereof, whether or not such tax, tax assessment,
\nspecial assessment, charge or other imposition is presently within the
\ncontemplation of the parties, levied against the Building and fixtures and other
\nproperty used in connection with the operation or maintenance of the Building
\nfor such calendar year, over such taxes for the Base Tax Year. In the event that
\nthe Building is less than ninety-five percent (95%) occupied, the actual amount
\nof said taxes and assessments for both the Base Tax Year and each subsequent
\ncalendar year shall be adjusted to equal Landlord’s reasonable estimate thereof
\nhad ninety-five percent (95%) of the total rentable area of the Building been
\noccupied and assessed.<\/p>\n
(c) Prior to the start of each calendar year or as soon thereafter as
\npracticable, Landlord shall give Tenant written notice of its estimate of
\namounts payable under paragraphs (a) and (b) above for the ensuing calendar
\nyear. On or before the first day of each month during the ensuing calendar year,
\nTenant shall pay to Landlord one-twelfth (1\/12) of such estimated amounts,
\nprovided that if such notice is not given in December, Tenant shall continue to
\npay on the basis of the prior year’s estimate until the month after such notice
\nis given. If at any time or times it appears to Landlord that the amounts
\npayable under either paragraph (a) and (b) above for the current calendar year
\nwill vary from its estimate by more than five percent (5%), Landlord shall, by
\nwritten notice to Tenant, revise its estimate for such year, and subsequent
\npayments by Tenant for such year shall be based upon such revised estimate.<\/p>\n
(d) Within a reasonable time after the close of each calendar year,
\nLandlord shall deliver to Tenant a statement of amounts payable under paragraphs
\n(a) and (b) above for such calendar year. If such statement shows an amount
\nowing by Tenant that is less than the estimated payments for such calendar year
\npreviously made by Tenant, Tenant shall be given a credit towards future rents
\nowed in an amount equivalent to the overpayment. If such statement shows an
\namount owing by Tenant that is more than the estimated payment for such calendar
\nyear previously made by Tenant, Tenant shall pay the deficiency to Landlord
\nwithin thirty (30) days after delivery of the statement.<\/p>\n
(e) If, for any reason, this Lease shall terminate on a day other
\nthan the last day of a calendar year, the amount of increase (if any) in rent
\npayable by Tenant applicable to the calendar year in which such termination
\nshall occur shall be equitably prorated on the basis which the number of days
\nfrom the commencement of such calendar year to and including such termination
\ndate bears to three hundred sixty-five (365).<\/p>\n
(f) Tenant shall be charged for the amortization, with a market rate
\nof interest, of the cost of installation of capital investment items that are
\nfor the purpose of reducing operating costs or which result in energy
\nconservation or that may be required by applicable law or governmental
\nauthority. All such costs shall be amortized over the reasonable life of the
\ncapital investment items, with the reasonable life and amortization schedule to
\nbe determined in accordance with sound management accounting principles.<\/p>\n
(g) All amounts payable under this Section 6 shall be considered
\nadditional rent.<\/p>\n
(h) Upon reasonable advance written notice by Tenant to Landlord,
\ngiven not more often than once per statement described above and within sixty
\n(60) days after Tenant’s receipt of the statement described in Subsection 6(d)
\nabove, Tenant shall be permitted to examine the books and records in Landlord’s
\npossession which are pertinent to the Operating Expenses and Taxes described in
\nsuch statement. Such examination shall be conducted at Tenant’s sole expense and
\nat Landlord’s office or at such other place where such books and records are
\ncommonly kept by Landlord, and shall be conducted so as not to interfere with
\nLandlord’s normal business operations. If Tenant fails to conduct such
\nexamination within sixty (60) days after its receipt of a statement as set forth
\nabove, then Tenant’s right to conduct such examination shall be deemed waived
\nwith respect to such statement and such statement shall be final and binding
\nupon Landlord and Tenant. If such examination reveals an overpayment of
\nOperating Expenses or Taxes for the period covered-by such statement, then,
\nprovided Landlord does not reasonably dispute the results thereof, Landlord
\nshall credit such overpayment against the next monthly rent payment of Tenant,
\nor if the Term hereof has expired, Landlord shall promptly refund the
\noverpayment to Tenant. If such examination reveals an underpayment of Operating
\nExpenses or Taxes for the period covered by such statement, then Tenant shall
\npay the same with its next monthly rent payment, or if the Term hereof has
\nexpired, Tenant shall pay the same within fifteen (15) days after receipt of the
\nexamination results. If Tenant’s examination reveals an overstatement of
\nOperating Expenses of five percent (5%) or more, then the reasonable costs and
\nexpenses of Tenant’s examination shall be paid by Landlord.<\/p>\n
7. USE.
\n — <\/p>\n
(a) The Premises shall be used for general office purposes and as a
\ncomputer server room containing fiber optic and telephone devices and electrical
\nswitching devices (the “Data Center”), and for no other purpose without the
\nwritten consent of Landlord. Tenant shall not do or permit to be done in or
\nabout the<\/p>\n
Premises, nor bring or keep or permit to be brought or kept therein, anything
\nwhich is prohibited by or will in any way conflict with any law, statute,
\nordinance or governmental rule or regulation now in force or which may hereafter
\nbe enacted or promulgated or which is prohibited by the standard form of fire
\ninsurance policy, or will in any way increase the existing rate of or affect
\nany fire or other insurance upon the Building or any of its contents, or cause a
\ncancellation of any insurance policy covering the Building or any part thereof
\nor any of its contents. Tenant shall not do or permit anything to be done in or
\nabout the Premises which will in any way obstruct or interfere with the rights
\nof other tenants of the Building, or injure or annoy them, or allow any
\nexcessive noises, vibrations or odors to emit from the Premises, or use or allow
\nthe Premises to be used for any improper, immoral, unlawful or objectionable
\npurpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about
\nthe Premises or commit or suffer to be committed any waste in, on or about the
\nPremises. Tenant shall keep the blinds closed on any first (1st) floor windows
\nthrough which telephone or computer equipment may be seen from outside the
\nPremises, as determined by Landlord.<\/p>\n
(b) Tenant shall not use the name of the Building or any similar name
\nin connection with any business carried on by Tenant (except as Tenant’s
\naddress) without written consent of Landlord which Landlord may withhold in its
\nsole and absolute discretion.<\/p>\n
(c) Tenant acknowledges that neither Landlord nor any agent of
\nLandlord has made any representation or warranty regarding the zoning of the
\nBuilding or the suitability of the Premises for the conduct of Tenant’s
\nbusiness, nor whether said business is permitted by law.<\/p>\n
8. SERVICES.
\n ——– <\/p>\n
(a) Landlord shall maintain the public and common areas of the
\nBuilding, such as lobbies, stairs, elevators, corridors and restrooms in
\nreasonably good order and condition except for damage occasioned by the act of
\nTenant, which damage shall be repaired by Landlord at Tenant’s expense.<\/p>\n
(b) Landlord shall furnish the Premises with (i) electricity for
\nlighting and the operation of office machines consistent with normal general
\noffice use, (ii) heat and air conditioning to the extent reasonably required in
\nLandlord’s judgment for the comfortable occupation of the Premises for normal
\ngeneral office use during the reasonable and usual business hours of 8:00 a.m.
\nto 6:00 p.m., Monday through Friday, and between the hours of 8:00 a.m. and 1:00
\np.m. on Saturday (exclusive of Sundays and Holidays) or such shorter period
\nspecified or prescribed by any applicable policies or regulations adopted by any
\nutility or government agency, (iii) elevator service (if an elevator currently
\nexists in the Building), (iv) lighting replacement (for building standard
\nlights), (v) restroom supplies, and (vi) daily janitor service based on normal
\ngeneral office use five nights per week (exclusive of holidays) furnished in the
\nmanner that such services are customarily furnished in comparable buildings in
\nthe Irvine area. If Tenant requires any utilities or services during times other
\nthan the business hours set forth in item (ii) above, then Tenant shall promptly
\nupon demand reimburse Landlord for all costs of providing the same, as
\nreasonably estimated by Landlord. Landlord shall not be in default hereunder or
\nbe liable for any damages directly or indirectly resulting from, nor shall the
\nrental herein reserved be abated by reason of (1) the installation, use or
\ninterruption of use of any equipment used for the furnishing of any of the
\nforegoing services or of any phone lines, (2) failure to furnish or delay in
\nfurnishing any such services when such failure or delay is caused by repair,
\naccident or any condition beyond the reasonable control of Landlord or by the
\nmaking of necessary repairs or improvements to the Premises or to the Building,
\nor (3) the limitation, curtailment, rationing or restrictions on use of water,
\nelectricity, gas or any other form of energy serving the Premises or the
\nBuilding. Landlord shall use reasonable efforts to remedy the interruption in
\nthe furnishing of such services. Landlord shall be entitled to cooperate
\nvoluntarily in a reasonable manner with the efforts of national, state or local
\nagencies or utilities suppliers in reducing energy or other resource
\nconsumption. Landlord shall be under no obligation to provide additional or
\nafter-hours heating or air conditioning, but if Landlord elects to provide such
\nservices at Tenant’s request, Tenant shall pay Landlord the then current
\nBuilding standard rate for such services as determined by Landlord.<\/p>\n
(c) Whenever heat generating machines or equipment or lighting other
\nthan Building standard lights are used in the Premises by Tenant which affect
\nthe temperature otherwise maintained by the air conditioning system, unless
\ninstalled by Tenant pursuant to Section 2.13 of Exhibit “B”, Landlord shall have
\n ———–
\nthe right to install<\/p>\n
supplementary air conditioning units in the Premises, and the cost thereof,
\nincluding the cost of installation and the cost of operation and maintenance
\nthereof, shall be paid by Tenant to Landlord upon billing by Landlord. In
\naddition, Tenant shall enter into and pay for a service contract with a licensed
\nair-conditioning contractor to service the supplementary air-conditioning units.
\nIf Tenant installs lighting or equipment requiring power in excess of that
\nrequired for normal lighting or desk-top office equipment or normal copying
\nequipment, Tenant shall pay for the cost of such excess power as additional
\nrent, together with the cost of installing any additional risers or other
\nfacilities that may be necessary to furnish such excess power to the Premises.<\/p>\n
(d) In the event that Tenant has unusual needs with regard to the
\nservices to be provided by Landlord set forth above, including but not limited
\nto, any unusual utility usage or installation, Tenant shall immediately notify
\nLandlord in writing of same. In the event of any of the above situations
\nrequiring additional electricity, Landlord, at its option, may: (i) cause same
\nto be separately metered at Tenant’s expense including the expense of
\ninstallation of such meters, in which case Tenant shall pay the cost of a
\nmonthly meter reader to read the meter(s), or (ii) equitably estimate the cost
\nthereof to be charged directly to Tenant. If Tenant fails to give Landlord
\nwritten notice of Tenant’s unusual needs for services, Landlord may back-charge
\nTenant for an equitable amount to compensate Landlord for such extra electrical
\nusage; provided, however, Tenant’s use of electric current shall never exceed
\nthe capacity of the feeders to the Building in which the Premises is located or
\nthe risers or wiring installation.<\/p>\n
9. TAXES PAYABLE BY TENANT.
\n ———————– <\/p>\n
In addition to the monthly rental and other charges to be paid by
\nTenant hereunder, Tenant shall reimburse Landlord upon demand for any and all
\ntaxes payable by Landlord (other than net income taxes) whether or not now
\ncustomary or within the contemplation of the parties hereto: (a) upon, measured
\nby or reasonably attributable to the cost or value of Tenant’s equipment,
\nfurniture, fixtures and other personal property located in the Premises or by
\nthe cost or value of any leasehold improvements made in or to the Premises by or
\nfor Tenant, other than Landlord’s work under Exhibit “B” regardless of whether
\n ————
\ntitle to such improvements shall be in Tenant or Landlord; (b) upon or measured
\nby the monthly rental payable hereunder, including, without limitation, any
\ngross income tax or excise tax levied by the City of Irvine, the State of
\nCalifornia, the Federal Government or any other governmental body with respect
\nto the receipt of such rental; (c) upon or with respect to the possession,
\nleasing, operation, management, maintenance, alteration, repair, use or
\noccupancy by Tenant of the Premises or any portion thereof; and (d) upon this
\ntransaction or any document to which Tenant is a party creating or transferring
\nan interest or an estate in the Premises.<\/p>\n
10. IMPROVEMENTS. REPAIRS AND ALTERATIONS.
\n ————————————- <\/p>\n
Upon taking possession of the Premises as set forth herein, Tenant
\nshall, be deemed to have accepted the Premises as being in tenantable and good
\ncondition. Upon delivery thereof, the Premises (and all Building systems
\ndirectly serving the Premises except those which Tenant is responsible for
\ninstalling in connection with the Tenant Improvements) shall be in good
\ncondition, order and repair and the Premises roof shall be watertight. Tenant
\nshall, at Tenant’s sole cost and expense, repair and maintain the Premises and
\nevery part thereof in good order and condition and, except as expressly provided
\nin Section 15 below, in compliance with all applicable laws, ordinances and
\nregulations and, subject to the third sentence of this Section 10, Tenant shall,
\nat Tenant’s sole cost and expense, make any change or alterations to the
\nPremises required thereby. Without limiting the foregoing, Tenant shall, at its
\nsole cost and expense, cause the Premises to comply at all times with the
\nrequirements of Title III of the Americans With Disabilities Act (42 U.S.C.
\nSection 12181 et seq.), the regulations now or hereafter adopted pursuant
\n — —
\nthereto, and any and all applicable laws, statutes, ordinances, rules and
\nregulations concerning public accommodations for disabled persons now or
\nhereafter in effect. Notwithstanding the foregoing, Tenant shall not alter or
\nchange the Premises or any other portion of the Building without the prior
\nwritten consent of Landlord, which shall not be withheld for changes required by
\nlaw, except that such changes shall be subject to Landlord’s reasonable approval
\nof plans therefor and Landlord may elect to have its own contractors perform any
\nsuch alterations that affect Building systems, utilities or structural portions
\nand Tenant shall reimburse Landlord for the reasonable costs thereof within five
\n(5) business days after written demand. Notwithstanding the immediately
\npreceding sentence, Tenant shall have the right (i) to make interior, non-
\nstructural alterations which do not affect the Building systems (including,
\nwithout limitation; mechanical, electrical, HVAC, plumbing and life and safety
\nsystems) and which do not cost more than $10,000 in the<\/p>\n
aggregate over the Term of the Lease and (ii) to install cables, computer lines
\nand telephone lines in the Premises subject to Landlord’s approval as to size,
\ndesign, layout, location and method of installation. Tenant hereby waives the
\nprovisions of Subdivision (1) of Section 1932 of the Civil Code of California,
\nand any successor or similar statute or law. All improvements, repairs and\/or
\nalterations that may be required of or desired by Tenant shall be done by
\nLandlord’s contractor but at the cost of Tenant. All improvements, repairs, and
\nalterations shall become the property of Landlord and shall remain upon and be
\nsurrendered with the Premises; provided, however, that at Landlord’s option,
\nTenant shall, at Tenant’s expense, when surrendering the Premises, restore the
\nsame to their original condition. All damage or injury done to the Premises by
\nTenant, or by any persons who may be in or upon the Premises with the consent of
\nTenant, shall be paid for by Tenant. Tenant shall, at the termination of this
\nLease by the expiration of time or otherwise, surrender and deliver up the
\nPremises to Landlord in as good condition as when received by Tenant from
\nLandlord, reasonable wear and tear excepted and subject to the following (to the
\nextent not caused or created by Tenant, its agents, employees or invitees): (i)
\nacts of God, (ii) casualty, (iii) condemnation, (iv) the presence of Hazardous
\nMaterials not caused or created by Tenant, its agents employees or contractors,
\nand (v) improvements, repairs and\/or alterations which Landlord has requested to
\nremain in the Premises. Tenant shall pay for all damage to the Building, as well
\nas all damage to tenants or occupants thereof, caused by Tenant’s misuse or
\nneglect of the Premises or the appurtenances thereto.<\/p>\n
11. LIENS.
\n —– <\/p>\n
Tenant shall keep the Premises and the Building free from any
\nmechanic’s and\/or materialmen’s liens or other liens arising out of any work
\nperformed, materials furnished or obligations incurred by Tenant. Tenant shall
\nnotify Landlord at least seventy-two (72) hours prior to the commencement of any
\nwork or activity on the Premises which may give rise to such liens and Landlord
\nshall have the right to post and keep posted on the Premises any notices that
\nmay be provided by law or which Landlord may deem to be proper for the
\nprotection of Landlord, the Premises and the Building from such liens. If a
\nmechanic’s lien is filed as a result of Tenant’s activities, Tenant shall
\npromptly cause such lien to be removed, or if Tenant contests the correctness or
\nvalidity of any claim of lien, Tenant shall provide Landlord with evidence that
\nTenant has recorded a statutory lien release bond pursuant to California Civil
\nCode Section 3143 and has given notice thereof pursuant to California Civil Code
\nSection 3144.5 or any successor statutes pertaining to those Sections. If Tenant
\nfails to do so, Landlord may, but need not (i) record the statutory lien release
\nbond, and charge Tenant the bond premium together with interest thereon as
\nadditional rent hereunder, or (ii) Landlord may, at its option, pay the lien or
\nany portion of it without inquiry as to its validity. Any amounts paid by
\nLandlord to remove a mechanics’ lien, including all expenses and reasonable
\nattorneys’ fees incurred by Landlord, shall be due and payable by Tenant to
\nLandlord immediately upon demand, together with interest, until paid.<\/p>\n
12. DAMAGE AND DESTRUCTION.
\n ———————- <\/p>\n
If the Premises or the Building are completely destroyed by any cause
\ninsured against under a standard form fire and extended coverage policy of
\ninsurance, or are so damaged thereby that they are untenantable within one
\nhundred eighty (180) days after the date of such destruction or damage, Landlord
\nor Tenant may terminate this Lease by written notice to the other given within
\nfive (5) business days after the end of the one hundred eighty (180) day period.
\nWithin forty-five (45) days after the date of such destruction or damage,
\nLandlord shall give written notice to Tenant as to whether or not the Premises
\nwill be rendered tenantable within one hundred eighty (180) days after the date
\nof such destruction or damage. If this Lease is not terminated by Landlord or
\nTenant as set forth above, Landlord shall with due diligence render the Premises
\ntenantable to the extent insurance proceeds are available therefor, and rent
\nallocable to the untenantable portion of the Premises shall be abated while such
\nportion remains untenantable. If the Premises or the Building are damaged or
\ndestroyed by any cause other than a cause insured against under Landlord’s
\nstandard form fire and extended coverage policy of insurance or if more than
\ntwenty-five percent (25%) of the replacement value of the Building is destroyed,
\nthen Landlord may terminate this Lease by written notice to Tenant given within
\nthirty (30) days after such damage or destruction, which termination shall be
\neffective as of the date of the notice. Notwithstanding anything to the contrary
\nherein, if the Building or the Premises are damaged or destroyed within the last
\ntwelve (12) months of the Term of this Lease, then Landlord may terminate this
\nLease upon written notice to Tenant given within thirty (30) business days after
\nthe damage or destruction occurs. Tenant hereby waives the provisions of
\nSubdivision 2 of Section 1932 of the California Civil Code and the<\/p>\n
provisions of Subdivision 4 of Section 1933 of the California Civil Code, and
\nall successor and similar statutes and laws and agrees that this Section 12 is
\nintended to govern damage and destruction to the Premises and the Building.<\/p>\n
13. WAIVER OF SUBROGATION.
\n ——————— <\/p>\n
Prior to or immediately after the execution of this Lease, Tenant
\nshall procure from its insurers under all polices of property, liability,
\nworkmen’s compensation and other insurance now or hereafter existing during the
\nTerm, and purchased by it insuring or covering the Premises or any portion
\nthereof or operations therein, a waiver of all rights of subrogation which the
\ninsurer might otherwise have. Prior to or immediately after the execution of
\nthis Lease, Landlord shall procure from its insurers under all polices of
\nproperty, liability, workmen’s compensation and other insurance now or hereafter
\nexisting during the Term, and purchased by Landlord insuring or covering the
\nBuilding or any portion thereof, or operations therein, a waiver of all rights
\nof subrogation which the insurer might otherwise have. The waiver of subrogation
\nunder this Section 13 shall be applicable to Landlord’s and Tenant’s respective
\nagents, employees, contractors, successors, assigns and tenants or subtenants
\nand shall apply to all perils actually insured against by Landlord or Tenant
\nwithout regard to negligence or willful misconduct of the party so released.<\/p>\n
14. INDEMNIFICATION.
\n ————— <\/p>\n
Tenant hereby waives all claims against Landlord, its agents,
\nemployees and contractors for damage to Tenant’s business or any of Tenant’s or
\nany other person’s or entity’s property or injury to or death of any person in,
\nupon or about the Premises arising at any time and from any cause other than
\nsolely by reason of the willful act or gross negligence of Landlord, its agents,
\nemployees or contractors. Tenant shall defend (by counsel acceptable to
\nLandlord), indemnify and hold Landlord harmless from and against any and all
\nlosses, claims, damages, liabilities and costs and expenses (including, without
\nlimitation, reasonable attorneys’ fees and expenses) arising directly or
\nindirectly from Tenant’s (or any of Tenant’s subtenants’, assignees’, agents’,
\ncontractors’, employees’, invitees’, licensees’ or guests’) violation of any of
\nthe terms, covenants or conditions of this Lease or from the use or occupancy of
\nthe Premises, the Building, the Generator (as defined in Exhibit “B” attached
\n ———–
\nhereto) and\/or the property upon which the Generator is located, except for
\nthose losses, claims, damages, liabilities and costs and expenses caused solely
\nby the willful misconduct or gross negligence of Landlord, its agents, employees
\nor contractors. Tenant’s obligations and Landlord’s rights under this Section 14
\nshall survive the expiration or earlier termination of this Lease.<\/p>\n
Landlord shall indemnify, protect, defend (by counsel reasonably
\nsatisfactory to Tenant), and hold Tenant harmless from and against any and all
\nclaims, demands, actions, obligations, losses, liabilities, damages, costs, and
\nexpenses (including, without limitation, reasonable attorneys’ and other
\nprofessional fees), incurred by or asserted against Tenant in connection with
\nany claim, action, or demand for bodily injury or death or property damage
\narising out of (i) any negligent act or omission or willful misconduct of
\nLandlord or of any of Landlord’s employees, officers, agents, contractors, or
\nrepresentatives occurring on or about the Common Areas to the extent the same is
\ncovered Under a standard commercial general liability insurance policy, (ii) or
\nany construction defects in the Premises unless due to construction or
\ninstallation of improvements or alterations in the Premises by Tenant, its
\nagents employees or contractors, or (iii) in connection with any Hazardous
\nMaterials present in the Building or the Premises not caused or created by
\nTenant, its agents employees or contractors. Landlord’s indemnity hereunder
\nshall exclude any claims for lost profits, loss in value, or other consequential
\ndamages and shall not apply to the extent of any (a) negligence or willful
\nmisconduct of Tenant or Tenant’s agents, employees or contractors, or (b) breach
\nof any of Tenant’s warranties or obligations hereunder. Landlord’s obligations
\nand Tenant’s rights under this Section 14 shall survive the expiration or
\nearlier termination of this Lease.<\/p>\n
15. COMPLIANCE WITH LAW.
\n ——————- <\/p>\n
Tenant shall, at its sole cost and expense, promptly comply with all
\nlaws, statutes, ordinances and governmental rules, regulations or requirements
\nnow in force or which may hereafter be in force, with the requirements of any
\nboard of fire underwriters or other similar body now or hereafter constituted,
\nwith any directions or occupancy certificates issued pursuant to any law by any
\npublic officer or officers, as well as the provisions of all recorded documents
\naffecting the Premises, insofar as any thereof relate to or affect the
\ncondition, use or occupancy of the Premises, or Tenant’s business conducted
\ntherein, excluding remediation of any Hazardous Materials not caused or created<\/p>\n
in any manner by Tenant and further excluding structural changes that are not
\nrequired due to improvements made by or for Tenant or due to Tenant’s acts, but
\nincluding alterations to the Premises required by the Americans With
\nDisabilities Act that are required due to Tenant’s alterations to the Premises.
\nNotwithstanding the foregoing, any cost to bring the Premises into compliance
\nwith existing (i) applicable laws, (ii) conditions, covenants or restrictions,
\nor (iii) lender’s requirements, which are in effect as of execution hereof for
\nthe Premises based on normal general office use shall be at Landlord’s cost.
\nTenant shall be responsible for compliance with all applicable laws for the
\nPremises being used for other than normal general office use.<\/p>\n
16. INSURANCE.
\n ——— <\/p>\n
(a) Tenant shall, at its sole cost and expense, during the Term of
\nthis Lease, cause all improvements at any time located in the Premises (other
\nthan the Building standard tenant improvements) and all equipment and fixtures
\nfrom time to time used or intended to be used in connection with the operation
\nand maintenance of the Premises, to be insured for the mutual benefit of
\nLandlord and Tenant against loss or damage by fire and against loss or damage by
\nother risks now or hereafter included in the All-Risk insurance policy, in an
\namount equal to the full insurable value thereof. All proceeds from such
\ninsurance shall be used for the repair or replacement of such improvements,
\nequipment and fixtures.<\/p>\n
(b) Notwithstanding any other provisions of this Lease, Tenant, at
\nits own expense, shall also maintain the following insurance coverage. All
\ncoverage shall be primary and non-contributory over any insurance the Landlord
\nmay elect to provide on his behalf. Upon the commencement of the Term, and upon
\nrenewal of such insurance coverage, Tenant shall deliver to the Landlord an
\noriginal certificate of such insurance from the insurer providing a minimum of
\nthirty (30) days’ notice of cancellation or modification. All policies of
\ninsurance required to be carried by Tenant under this Section 16 shall be in
\nform satisfactory to Landlord, shall name Landlord as an additional insured,
\nshall be issued by responsible insurance companies which are licensed to do
\nbusiness in the State of California, and shall have a Best’s rating of at least
\n“A” and a financial rating of not less than “X” and have been approved in
\nwriting by Landlord. The policies shall contain cross-liability endorsements or
\ntheir equivalent, and shall be for the mutual and joint benefit and protection
\nof Landlord, Tenant and any other party designated by Landlord as an additional
\ninsured.<\/p>\n
(1) Worker’s Compensation and Employer’s Liability. Tenant shall
\nmaintain Worker’s Compensation insurance sufficient to comply with all
\napplicable State and\/or Federal laws and an Employer’s Liability policy with a
\nlimit of not less than $1,000,000.<\/p>\n
(2) Commercial General Liability. Tenant shall maintain a
\nCommercial General Liability policy with limits of liability not less than
\n$2,000,000 per occurrence and $3,000,000 general aggregate for Bodily Injury and
\nProperty Damage and $2,000,000 aggregate products\/completed operations coverage.
\nSuch policy shall specifically name the Landlord as additional insured. Landlord
\nmay, at its discretion, request evidence of products insurance.<\/p>\n
(3) Business Interruption. Tenant shall also maintain a policy
\nof (or obtain an endorsement providing) business interruption insurance insuring
\nTenant against losses from interruption of its use of the Premises for any
\nreason with coverage for a period of not less than one (1) year.<\/p>\n
(4) Property Insurance. Tenant shall maintain an All-Risk
\nproperty insurance policy on all personal property and tenant improvements and
\nbetterments for not less than ninety percent (90%) of the replacement cost of
\nthe same. Tenant’s property policy shall not provide for a deductible in excess
\nof $5,000 without prior written approval of Landlord.<\/p>\n
17. ASSIGNMENT AND SUBLETTING.
\n ————————- <\/p>\n
Tenant shall not assign, mortgage, pledge or otherwise transfer this
\nLease, or any interest therein, either voluntarily, involuntarily, or by
\noperation of law, and shall not sublet the Premises or any part thereof, or any
\nright or privilege appurtenant thereto, or suffer any other person (the agents
\nand employees of Tenant excepted) to occupy or use the Premises, or any portion
\nthereof, without the written consent of Landlord, which consent shall not be
\nunreasonably withheld. Notwithstanding the foregoing, Tenant may transfer its
\ninterest in the Premises to (i) a parent company, subsidiary, or affiliate of
\nTenant which controls or is controlled by or is under common control with
\nTenant, (ii) a successor<\/p>\n
corporation related to Tenant by merger, consolidation, nonbankruptcy
\nreorganization or government action, or (iii) a purchaser of all or
\nsubstantially all of Tenant’s assets (collectively “Affiliate”), without
\nLandlord’s consent, but upon thirty (30) days prior written notice. If Tenant is
\na corporation, then a change or changes in the ownership of Tenant, whether
\nvoluntarily, involuntarily, or by operation of law, which aggregate(s) fifty
\npercent (50%) or more of total capital stock of Tenant or fifty percent (50%) or
\nmore of voting capital stock of Tenant shall be deemed an assignment of this
\nLease. Notwithstanding the immediately preceding sentence, so long as Tenant’s
\nstock is sold on a nationally recognized public exchange, no sale of stock shall
\nbe deemed an assignment or subletting. a consent to one assignment, mortgage,
\npledge, subletting, occupation, or use by any other person shall not relieve
\nTenant from any obligation under this Lease and shall not be deemed to be a
\nconsent to any subsequent assignment, mortgage, pledge, subletting, occupation
\nor use by another person. Any assignment, mortgage, pledge, subletting,
\noccupation or use without such consent shall be void, and shall, at the option
\nof Landlord, terminate this Lease. Tenant’s request for Landlord’s consent
\npursuant to this Section 17 shall be submitted in writing at least forty-five
\n(45) days prior to the date Tenant desires to secure such consent. Such request
\nshall be accompanied by all relevant information reasonably necessary for
\nLandlord to consider such request. Any request for Landlord’s consent pursuant
\nto this Section 17 shall also be accompanied by a payment to Landlord of $500.00
\nfor the review, evaluation, and\/or preparation of any materials or documents;
\nprovided, however, if Landlord elects to terminate pursuant to this Section 17,
\nthe $500.00 shall be refunded to Tenant. In lieu of considering any such request
\n(other than a request to the mortgage or pledge of this Lease) following the
\ninitial Term of this Lease, Landlord may, within fifteen (15) days after receipt
\nthereof from Tenant, notify Tenant of Landlord’s election to terminate this
\nLease (or if a subletting of only a part of the Premises is involved, terminate
\nthis Lease only as to that part and reduce the rent and other monetary
\nobligations of Tenant proportionately), which election, if made, shall be
\neffective no less than sixty (60) nor more than ninety (90) days after the date
\nof such election. If such election is made by Landlord, Tenant shall surrender
\nthe Premises (or if a subletting of only a part of the Premises is involved,
\nonly that part) to Landlord on the effective date of such termination, and
\nTenant shall thereafter incur no further liability under this Lease for the
\nPremises (or for that part of the Premises required to be surrendered).<\/p>\n
Tenant and Landlord shall equally divide any sums or other economic
\nconsideration for which Tenant is entitled to as a result of an assignment,
\nsublease or transfer of Tenant’s interest in and to the Premises, or any portion
\nthereof (other than (i) the rental or other payments received which are
\nattributable to the cost of leasehold improvements made to the assigned or
\nsublet portion of the Premises at the cost of Tenant, (ii) any brokerage
\ncommission related to the assignment or sublet, and (iii) any reasonable
\nattorneys’ fees related to the assignment or sublet, provided that each of the
\nforegoing costs are amortized over the term of the assignment or sublease, as
\napplicable), whether denominated rentals under the sublease or otherwise, which
\nexceed in the aggregate the total sums which Tenant is obligated to pay Landlord
\nunder this Lease (prorated to reflect obligations allocable to that portion of
\nthe Premises subject to such assignment or sublease) (“Net Proceeds”). Said Net
\nProceeds shall be paid to Landlord (i) in the case of an assignment, in its
\nentirety promptly following the effective date of the assignment, or (ii) in the
\ncase of a sublease, on a monthly basis, along with Tenant’s payment of Base
\nMonthly Rent, without affecting or reducing any other obligation of Tenant
\nhereunder.<\/p>\n
Regardless of Landlord’s consent, no subletting or assignment
\n(including subletting or assignment to an Affiliate) shall release Tenant of
\nTenant’s obligations hereunder or otherwise alter the primary liability of
\nTenant hereunder. The acceptance of rent or any other sum by Landlord from any
\nperson or entity shall not be deemed to be a waiver by Landlord of any provision
\nhereof. In the event of default by any assignee of Tenant or any successor of
\nTenant in the performance of any of the terms hereof, Landlord may proceed
\ndirectly against Tenant without the necessity of exhausting remedies against
\nsaid assignee or successor. Landlord may consent to subsequent subletting or
\nassignments of this Lease by assignees of Tenant without notifying Tenant or any
\nsuccessor of Tenant, and without obtaining its or their consent thereto and such
\naction shall not relieve Tenant of any liability under this Lease.<\/p>\n
18. RULES.
\n —– <\/p>\n
Tenant shall faithfully observe and comply with the rules and
\nregulations annexed to this Lease as Exhibit “D” and, after notice thereof, all
\n ———–
\nreasonable modification thereof and additions thereto from time to time
\npromulgated in writing by Landlord. Landlord shall not be responsible to Tenant
\nfor the nonperformance by any other tenant or occupant of the Building of any of
\nsaid rules and regulations.<\/p>\n
19. ENTRY BY LANDLORD.
\n —————– <\/p>\n
Landlord may enter the Premises at reasonable hours upon twenty-four
\n(24) hours prior notice (except (i) in the event of emergency or to provide
\nservices pursuant to subsection (d) below in which case no notice shall be
\nnecessary or (ii) only eight (8)hours prior notice shall be required with
\nrespect to exhibiting the Premises to prospective tenants during the last seven
\n(7) months of the Term; provided, however, that Tenant shall use reasonable
\nefforts to cooperate with Landlord in the event Landlord provides fewer than
\neight (8) hours notice) to: (a) inspect the same; (b) exhibit the same to
\nprospective purchasers, lenders or tenants; (c) determine whether Tenant is
\ncomplying with all of Tenant’s obligations hereunder; (d) supply janitor service
\nand any other service to be provided by Landlord to Tenant hereunder, (e) post
\nnotice of non-responsibility; and (f) make repairs required of Landlord under
\nthe terms hereof or repairs to any adjoining space or utility service or make
\nrepairs, alterations or improvements to any other portion of the Building,
\nprovided, however, that all such work shall be done as promptly as reasonably
\npossible and so as to cause as little interference to Tenant as reasonably
\npossible. Tenant hereby waives any claim for damages for any injury or
\ninconvenience to or interference with Tenant’s business, any loss of occupancy
\nor quiet enjoyment of the Premises or any other loss occasioned by such entry.
\nLandlord shall at all times have and retain a key with which to unlock all of
\nthe doors in, on or about Premises (excluding Tenant’s vaults, safes and similar
\nareas designated in writing by Tenant in advance) and Landlord shall have the
\nright to use any and all means which Landlord may deem proper to open said doors
\nin an emergency in order to obtain entry to the Premises. Any entry to the
\nPremises obtained by Landlord by any of said means, or otherwise, shall not be
\nconstrued or deemed to be a forcible or unlawful entry into or a detainer of the
\nPremises or an eviction, actual or constructive, of Tenant from the Premises, or
\nany portion thereof.<\/p>\n
20. EVENTS OF DEFAULT.
\n —————– <\/p>\n
The occurrence of any one or more of the following events (“Events of
\nDefault”) shall constitute a breach of this Lease by Tenant: (a) if Tenant shall
\nfail to pay any rent (including Base Rent and Tenant’s Share of Increased Costs)
\nwithin three (3) days after the date such rent becomes due and payable, or (b)
\nif Tenant shall fail to pay any other sum when and as the same becomes due and
\npayable and such failure shall continue for more than ten (10) business days
\nafter receipt of written notice that such payment is overdue; or (c) if Tenant
\nshall fail to perform or observe any other term hereof or of the rules and
\nregulations described in Section 18 to be performed or observed by Tenant, such
\nfailure shall continue for more than thirty (30) days after notice thereof from
\nLandlord and Tenant shall not within such period commence with due diligence and
\ndispatch the curing of such default, or, having so commenced, shall thereafter
\nfail or neglect to prosecute or complete with clue diligence and dispatch the
\ncuring of such default; or (d) if Tenant shall make a general assignment for the
\nbenefit of creditors, or shall admit in writing its inability to pay its debts
\nas they become due or shall file a petition in bankruptcy, or shall be
\nadjudicated as bankrupt or insolvent, or shall file a petition seeking any
\nreorganization, arrangement, composition, readjustment, liquidation, dissolution
\nor similar relief under any present or future statute, law or regulation, or
\nshall fail any answer admitting or shall fail timely to contest the material
\nallegations of a petition filed against it in any such proceeding, or shall seek
\nor consent to or acquiesce in the appointment of any trustee, receiver or
\nliquidator of Tenant or any material part of its properties; or (e) if within
\nthirty (30) days after the commencement of any proceeding against Tenant seeking
\nany reorganization, arrangement, composition, readjustment, liquidation,
\ndissolution or similar relief under any present or future statute, law or
\nregulation, such proceeding shall not have been dismissed, or if, within thirty
\n(30) days after the appointment without the consent or acquiescence of Tenant or
\nof any material part of its properties, such appointment shall not have been
\nvacated; or (f) if this Lease or any estate of Tenant hereunder shall be levied
\nupon under any attachment or execution and such attachment or execution is not
\nvacated within ten (10) days; or (g) if any other event occurs which is
\ndescribed in this Lease as a material breach of, or default under, this Lease.<\/p>\n
21. TERMINATION UPON DEFAULT.
\n ———————— <\/p>\n
If an Event of Default shall occur, Landlord at any time there after
\nmay give a written termination notice to Tenant, and on the date specified in
\nsuch notice (which shall be not less than three (3) days after the giving of
\nsuch notice) Tenant’s right to possession and this Lease shall terminate, unless
\non or before such date all rent and other sums payable by Tenant under this
\nLease (together with interest thereon at the maximum rate allowable by law) and
\nall costs have been paid by Tenant and all other breaches of this Lease by
\nTenant at the time existing shall have been fully remedied. Upon such
\ntermination, Landlord may recover from Tenant: (a) the worth at the time of
\naward of the unpaid rent which had been earned at the time of termination; (b)
\nthe worth at the time of<\/p>\n
award of the amount by which the unpaid rent which would have been earned after
\ntermination until the time of award exceeds the amount of such rental loss that
\nTenant proves could have been reasonably avoided; (c) the worth at the time of
\naward of the amount by which the unpaid rent for the balance of the Term after
\nthe time of award exceeds the amount of such rental loss that Tenant proves
\ncould be reasonably avoided; and (d) any other amount necessary to compensate
\nLandlord for all the detriment proximately caused by Tenant’s failure to perform
\nits obligations under this Lease or which results therefrom. The “worth at the
\ntime of award” of the amounts referred to in clauses (a) and (b) above shall be
\ncomputed by allowing interest at the rate of ten percent (10%) per annum. The
\nworth at the time of award of the amount referred to in clause (c) above shall
\nbe computed by discounting such amount at the discount rate of the Federal
\nReserve Bank of San Francisco at the time of award plus one percent (1%). For
\nthe purposes of determining unpaid rent under clauses (a), (b) and (c) above,
\nthe monthly rent reserved in this Lease shall be deemed to be the rent due under
\nSections 4 and 5 above, as adjusted by Section 6.<\/p>\n
22. CONTINUATION AFTER DEFAULT.
\n ————————– <\/p>\n
Landlord also has the remedy described in California Civil Code
\nSection 1951.4 (Lessor may continue Lease in effect after Lessee’s breach and
\nabandonment and recover rent as it becomes due, if Lessee has the right to
\nsublet or assign, subject only to reasonable limitations). Acts of maintenance
\nor preservation or efforts to relet the Premises or the appointment of a
\nreceiver upon application of Landlord to protect Landlord’s interest under this
\nLease shall not constitute a termination of Tenant’s right to possession.<\/p>\n
23. OTHER RELIEF.
\n ———— <\/p>\n
The remedies provided for in this Lease are in addition to any other
\nremedies available to Landlord at law or in equity by statute or otherwise.<\/p>\n
24. PARKING.
\n ——- <\/p>\n
Unless Tenant is in default under this Lease resulting in delivery of
\na written termination notice pursuant to Section 21 above, Tenant shall be
\nentitled to fifty-four (54) unreserved vehicle parking spaces (based on (i) 3.8
\nspaces per 1,000 usable square feet in the Premises which is used as office
\nspace, and (ii) 1 space per 750 usable square feet in the Premises which is used
\nas light industrial space (i.e., the Data Center)) in the Building parking
\nfacility at no cost to Tenant during the initial Term of the Lease or the
\nExtension Term, if exercised. Thereafter, if applicable, parking spaces shall be
\nsubject to a monthly parking fee for such spaces designated by Landlord for
\nparking, with Landlord reserving the right to set and increase monthly parking
\nfees for such spaces from time to time during the Term of this Lease. Upon
\nTenant’s completion of the Tenant Improvements, Tenant shall provide Landlord
\nwith certification by Tenant’s Space Planner (as defined in Exhibit “B” attached
\n ———–
\nhereto) of the usable square footage of the Data Center (which usable square
\nfootage shall be subject to Landlord’s verification), and the number of parking
\nspaces set forth above shall be adjusted accordingly (i.e., 19,435 [-] Data
\nCenter usable square footage = office space usable square footage; [(office
\nspace usable square footage\/1,000) * 3.8] + [(Data Center usable square
\nfootage\/750] = total unreserved vehicle parking spaces). Landlord may assign any
\nunreserved and unassigned parking spaces and\/or make all or a portion of such
\nspaces reserved, if it determines in its reasonable discretion that it is
\nnecessary for orderly and efficient parking. Tenant shall not use more parking
\nthan said number. If Landlord has not assigned specific spaces to Tenant, Tenant
\nshall not use any spaces which have been so specifically assigned by Landlord to
\nother tenants or for such other uses as visitor parking or which have been
\ndesignated by governmental entities with competent jurisdiction as being
\nrestricted to certain uses. Tenant shall not permit or allow any vehicles that
\nbelong to or are controlled by Tenant or Tenant’s employees, suppliers,
\nshippers, customers, or invitees to be loaded, unloaded, or parking in areas
\nother than those designated by Landlord for such activities. If Tenant permits
\nor allows any of the prohibited activities described in this Section 24, then
\nLandlord shall have the right, without notice, in addition to such other rights
\nand remedies that it may have, to remove or tow away the vehicle involved and
\ncharge the cost to Tenant, which cost shall be immediately payable upon demand
\nby Landlord. Landlord reserves the right at any time to relocate such spaces and
\nto substitute an equivalent number of parking spaces in a parking structure or
\nsubterranean parking facility or in a surface parking area within a reasonable
\ndistance of the Premises.<\/p>\n
If requested by Landlord, Tenant shall submit a written notice in a
\nform reasonably specified by Landlord containing the names and office addresses
\nand telephone numbers of those persons who are authorized by Tenant to use the
\nparking spaces on a<\/p>\n
monthly basis (the “Authorized Users”) and shall use its best efforts to
\nidentify each automobile by make, model and license number. Such notice, as
\namended from time to time, is hereafter referred to as the “Parking Notice.” No
\nperson whose name, address, and phone numbers are not contained in the Parking
\nNotice shall have any right to park an automobile in the area of the parking
\nfacilities designated for monthly parking and no person whether or not their
\nname is included in the Parking Notice shall have any right to park an
\nautomobile not identified in the Parking Notice without (in either case) paying
\nthe parking charge then applicable for daily parking in the parking facilities
\nfor the Building and parking in the area designated for daily parking.<\/p>\n
Tenant and Authorized Users shall comply with all rules and
\nregulations as set forth in the Parking Rules and Regulations portion of the
\nrules and regulations adopted by Landlord from time to time. Landlord may refuse
\nto permit any person who violates the Parking Rules and Regulations to park in
\nthe parking facility, and any violation of the rules shall subject the car to
\nremoval. Tenant agrees to use its best efforts to acquaint all Authorized Users
\nand visitors with the Parking Rules and Regulations.<\/p>\n
All responsibility for damage to cars is assumed by Authorized Users.
\nTenant shall repair or cause to be repaired at its sole cost and expense any and
\nall damage to the parking facility or any part thereof caused by Tenant or its
\nAuthorized Users or resulting from vehicles of Authorized Users.<\/p>\n
25. INTENTIONALLY OMITTED<\/p>\n
26. TRADE FIXTURES.
\n ————– <\/p>\n
Subject to the provisions of Sections 7 and 8 hereof, Tenant shall
\ninstall and maintain, its trade fixtures on the Premises, provided that such
\nfixtures, by reason of the manner in which they are affixed, do not become an
\nintegral part of the Building or Premises. Tenant, if not in default hereunder,
\nmay at any time or from time to time during the Term, or upon the expiration or
\nearlier termination of this Lease, alter or remove any such trade fixtures so
\ninstalled by Tenant. If not so removed by Tenant on or before the expiration or
\nearlier termination of this Lease, Tenant, upon the request of Landlord to do
\nso, shall thereupon remove the same. Any damage to the Premises caused by any
\ninstallation, alteration or removal of such trade fixtures shall be promptly
\nrepaired at the expense of Tenant.<\/p>\n
27. SUCCESSORS AND ASSIGNS.
\n ———————- <\/p>\n
Subject to the provisions hereof relating to assignment, mortgaging,
\npledging and subletting, this Lease shall bind the heirs, executors,
\nadministrators, successors and assigns of any and all the parties hereto.<\/p>\n
28. TIME.
\n —- <\/p>\n
Time is of the essence of this Lease.<\/p>\n
29. LANDLORD’s DEFAULT.
\n —————— <\/p>\n
If Landlord shall default in the performance of any of its obligations
\nunder this Lease, Tenant shall have no right to pursue any remedies against
\nLandlord, including, without limitation, termination of this Lease, unless and
\nuntil Tenant shall have given Landlord written notice of the default and
\nLandlord shall not have commenced the cure of such default within thirty (30)
\ndays after receipt of the notice, or thereafter shall not diligently prosecute
\nthe cure to completion. Satisfaction of any money judgment obtained against
\nLandlord shall be satisfied only out of: (i) proceeds of sale or disposition of
\nLandlord’s interest in the Building, whether by Landlord or by execution of
\njudgment; or (ii) rentals and other payments from tenants in the Building.<\/p>\n
30. INTENTIONALLY OMITTED<\/p>\n
31. LANDLORD’s RIGHT TO CURE DEFAULTS.
\n ——————————— <\/p>\n
All agreements and provisions to be performed by Tenant under any of
\nthe terms of this Lease shall be performed at Tenant’s sole cost and expense and
\nwithout any abatement or setoff against rent. If Tenant shall fail to pay any
\nsum of money, other than rent, required to be paid by it hereunder or shall fail
\nto perform any other act on its part to be performed hereunder and such failure
\nshall continue for thirty (30) days after notice thereof by Landlord, Landlord
\nmay, but shall not be obligated to do so, and without waiving or releasing
\nTenant from any obligations of Tenant, make any such payment or<\/p>\n
perform any such other act on Tenant’s part to be made or performed as provided
\nin this Lease. All sums so paid by Landlord and all necessary incidental costs
\nshall be deemed additional rent payable hereunder and shall be payable to
\nLandlord on demand, and Landlord shall have (in addition to any other right or
\nremedy of Landlord) the same rights and remedies in the event of the nonpayment
\nthereof by Tenant as in the case of default by Tenant in the payment of rent.<\/p>\n
32. ATTORNEYS’ FEES.
\n ————— <\/p>\n
If as a result of any breach or default in the performance of any of
\nthe provisions of this Lease, Landlord or Tenant shall use the services of any
\nattorney in order to secure compliance with such provisions or recover damages
\ntherefore, or to enforce any judgment or to terminate this Lease or, in
\nLandlord’s case, to evict Tenant, the non-prevailing party shall reimburse the
\nprevailing party upon demand for any and all reasonable attorneys’ fees and
\nexpenses so incurred by such prevailing party, including but not limited to,
\nfees and expenses incurred in connection with appellate proceedings, enforcement
\nproceedings and bankruptcy proceedings (and the obligation to pay such fees and
\nexpenses shall survive and not be merged into any judgement).<\/p>\n
33. EMINENT DOMAIN.
\n ————– <\/p>\n
Should the whole or any part of the Premises be condemned and taken by
\nany competent authority for any public or quasi-public use or purpose, all
\nawards payable on account of such condemnation and taking shall be payable to
\nLandlord, and Tenant hereby waives all interest in or claim to said awards, or
\nany part thereof. If the whole of the Premises shall be so condemned and taken,
\nthen this Lease shall terminate. If a part only of the Premises is condemned and
\ntaken and the remaining portion thereof is not suitable for the purposes of
\nwhich Tenant had leased said Premises, Tenant shall have the right to terminate
\nthis lease. If by such condemnation and taking a part only of the Premises is
\ntaken, and the remaining part thereof is suitable for the purposes for which
\nTenant has leased said Premises, this lease shall continue, but the rental shall
\nbe reduced in an amount proportionate to the value of the portion taken as it
\nrelated to the total value of the Premises. a voluntary sale of the building by
\nLandlord to any public or quasi-public body, agency or person, corporate or
\notherwise, having the power of eminent domain, either under threat of
\ncondemnation or while condemnation proceedings are pending, shall be deemed to
\nbe taking under the power of eminent domain for purposes of this Section 33.<\/p>\n
34. SUBORDINATION.
\n ————- <\/p>\n
This Lease, at Landlord’s option, shall be subordinate to any ground
\nlease, mortgage, deed of trust, or any other hypothecation for security now or
\nhereafter placed upon the Building and to any and all advances made on the
\nsecurity thereof and to all renewals, modification, consolidations, replacements
\nand extensions thereof. Notwithstanding such subordination, Tenant’s right to
\nquiet possession of the Premises shall not be disturbed if Tenant is not in
\ndefault and so long as Tenant shall pay the rent and observe and perform all of
\nthe provisions of the Lease, unless this Lease is otherwise terminated pursuant
\nto its terms. If at any time any mortgagee, trustee or ground landlord shall
\nelect to have this Lease prior to the lien of its mortgage, deed of trust or
\nground lease, then this Lease shall be deemed prior to such mortgage, deed of
\ntrust or ground lease, whether this Lease is dated prior or subsequent to the
\ndate of said mortgage, deed of trust or ground lease or the date of recording
\nthereof. Tenant agrees to execute any documents required to effectuate such
\nsubordination or to make this Lease prior to the lira of any mortgage, deed of
\ntrust or ground lease, as the case may be, and failing to do so within ten (10)
\ndays after demand, does hereby make, constitute and irrevocably appoint Landlord
\nas Tenant’s attorney in fact and in Tenant’s name, place and stead, to do so. If
\nTenant fails to execute any documents required to be executed by Tenant under
\nthis Section within fifteen (15) days after written demand by Landlord, then
\nsuch failure shall constitute an Event of Default under this Lease.<\/p>\n
35. NO MERGER.
\n ——— <\/p>\n
The voluntary or other surrender of this Lease by Tenant, or a mutual
\ncancellation thereof, shall not work at merger, and shall, at the option of
\nLandlord, terminate all or any existing subleases or subtenancies, or may, at
\nthe option of Landlord, operate as an assignment to it of any or all such
\nsubleases or subtenancies.<\/p>\n
Delivery Dock Hours: Monday-Friday 7:00 A.M. to 5:00 P.M.
\n Freight Elevator Hours: Monday-Friday 6:00 A.M. to 6:00 P.M.<\/p>\n
Note: Other hours of access are available with prior arrangement.<\/p>\n
8. Building access hours:<\/p>\n
Monday-Friday: 6:00 AM to 10:00 PM
\n Saturday: 8:00 AM to 6:00 PM
\n Sunday: 10:00 AM to 6:00 PM<\/p>\n
Note: Other hours of access are available with prior arrangement.<\/p>\n
9. Contractor, subcontractors and materialsmen are responsible for maintaining
\n the condition of docks, elevators and corridors used. Contractor is
\n responsible to protect floor and walls in corridors leading from the
\n freight elevator to the entrance of the construction sight, as well as
\n freight door jams.<\/p>\n
10. All materials are to be stored at the Job Site or in designated storage
\n areas. No materials are to be stored in corridors or in public areas. The
\n Landlord’s Agent may provide minimum secured storage for materials with
\n prior arrangement.<\/p>\n
11. Contractor, subcontractors and materialsmen must arrange access to areas
\n other than Job Site at a minimum of 48 hours in advance.<\/p>\n
12. All work areas are to be visually and materially protected from the tenants
\n and general public. Radios or other excessive noise are not permitted. All
\n Contractors will be held responsible for compliance with O.S.H.A. Rules and
\n Regulations.<\/p>\n
13. Toxic materials or odor-causing liquids are not to be used without prior
\n scheduling with the Landlord’s Agent, and prior notice to the tenants in
\n suites adjacent to the Job Site.<\/p>\n
14. All non-Job Site areas of the building are to be kept clean; dust, debris
\n and materials are to be cleaned immediately. There is to be no tracking of
\n material residue through corridors or public areas.<\/p>\n
15. The Contractor and subcontractors are to ensure the Job Site is left broom
\n clean at the completion of each scheduled work day. No trash or excess
\n materials are<\/p>\n
permitted to remain on, in, or at the Job Site. Materials are to be
\n disposed of in bins or by truck promptly, not staged or stored at the Job
\n Site in any public or adjacent areas, nor disposed of in the building’s
\n ———————————
\n trash receptacles.
\n —————– <\/p>\n
16. Tool clean-up is permitted in janitorial\/utility closets only; no clean-up
\n is permitted in rest rooms.<\/p>\n
17. Contractor is to furnish adequate protection against personal injury to
\n employees and public while work is in progress. In addition, all equipment,
\n furniture and supplies shall be protected from damage.<\/p>\n
18. The work area may be occupied during construction, which may require the
\n Contractor to move and relocate furniture, files, machinery and equipment
\n during construction. Upon the completion of the work, the contractor is to
\n return all items relocated during the work to their original location.<\/p>\n
19. All salvageable items removed during the course of the work that are to be
\n reused in the job, whenever possible, are to be stored and maintained by
\n the Contractor. All salvageable materials and items of value, as determined
\n by Landlord’s Agent, that are removed from the site, that are not to be
\n reused in the work, shall remain the property of the Landlord’s Agent, and
\n shall be stored or disposed of as directed by the Landlord’s Agent.<\/p>\n
20. All work includes replacing, patching and finishing all adjacent surfaces
\n or features displaced or disturbed in the performance of the work such as,
\n but not limited to: acoustical tile, topset base, cove base, floor
\n coverings, paint, etc. Upon completion of the work, there shall be no
\n discrepancy between the new work and the existing work.<\/p>\n
21. The Contractor shall not disable, interrupt or test any building utilities
\n or systems without prior arrangement with the Agent, nor without the
\n presence of Building Engineering personnel.<\/p>\n
22. The Contractor shall be responsible for any stoppage, interruptions or
\n failures to building services, utilities or incidental damages to the
\n building during the course of the work being performed as a result of his
\n performance of the work.<\/p>\n
23. All Contractors are responsible for supplying the following tools or
\n materials to the Job Site:<\/p>\n
a. Ladders
\n b. Industrial vacuum cleaner
\n c. Protection for corridor floor coverings, walls and ceilings from
\n the Job Site to the elevators
\n d. Protection for the elevators and the Job Site<\/p>\n
24. All anchoring of studs, drilling or coring of holes in concrete, applying
\n carpet tack, and applying noxious materials (stains, fire-sealers, etc.)
\n should be done after hours.<\/p>\n
25. The Landlord’s Agent is not responsible for providing any tools, equipment,
\n materials or labor for the work.<\/p>\n
26. The Contractor is responsible for the compliance to these rules and
\n regulations by all his own personnel and those of his subcontractors,
\n materialsmen and any other parties who may be employed for the performance
\n and completion of the work.<\/p>\n
EXHIBIT B-1
\n ———–<\/p>\n
SECTION II: LANDLORD’s REQUIREMENTS FOR TENANT IMPROVEMENTS OR
\n ————————————————–
\n ALTERATIONS TO LEASED SPACE BY TENANT OR CONTRACTOR(S)
\n ——————————————————
\n HIRED BY TENANT
\n —————<\/p>\n
The Tenant has certain requirements to provide information to the Landlord’s
\nAgent regarding any alteration to be performed in the leased premises by Tenant.
\nSaid information is to be submitted for approval by Landlord’s Agent, which
\napproval shall not be unreasonably withheld. Below is a listing of those
\nrequirements:<\/p>\n
1. Two sets of plans (a.k.a. working drawings) of the work to be
\n performed, including details of connections to any building system
\n (i.e., electrical, life-safety, plumbing, HVAC, etc.). One set will be
\n retained by Landlord’s Agent. One set will be returned to Tenant,
\n signed by Landlord’s Agent, as the approval set of record.<\/p>\n
2. List of all Contractors, sub-contractors and material suppliers.<\/p>\n
3. A copy of the Contractor’s and sub-contractors’ current construction
\n licenses including expiration date and type.<\/p>\n
4. Certificates of Insurance from the Contractor, naming Master Landlord,
\n Landlord, Landlord’s Agent and Tenant as Additional Insureds, and an
\n adequate amount of liability coverage, specifically:<\/p>\n
a. General & Public Liability, no less than $1,000,000.<\/p>\n
b. Workers’ Compensation not less than statutory requirements.<\/p>\n
c. Contractor’s Business Liability (Umbrella) coverage of no less
\n than $1,000,000.<\/p>\n
Upon submittal to Landlord’s Agent of the above items, Landlord’s Agent shall
\nreview the plans, list of project participants and other documentation, and make
\nrecommendations, if any, for modifications and compliance with building
\nstandards, including materials, as well as proper connections to the building
\nsystems.<\/p>\n
After obtaining approval from the Landlord’s Agent, and prior to the
\ncommencement of work, the Tenant shall provide:<\/p>\n
1. Hold Harmless Agreements signed by the Tenant and the Tenant’s
\n Contractor for the purpose of indemnifying the Master Landlord,
\n Landlord, and Landlord’s Agent from any liabilities, including but not
\n limited to, liens filed against the property by any and all General
\n Contractors, sub- contractors and sub-sub-Contractors, material
\n suppliers and laborers.<\/p>\n
2. A copy of the fully executed Contract for Work between Tenant and
\n Contractor.<\/p>\n
3. A copy of all required Municipal Building Permits.<\/p>\n
The Tenant shall be responsible for instructing the Contractor and sub-
\ncontractors to follow the building’s Rules and Regulations provided herewith.
\nThe Tenant will then advise the Landlord’s Agent of the commencement date of
\nwork, upon which notification the Landlord’s Agent shall complete a Notice of
\nNon-Responsibility for filing with the County Recorder’s Office and posting on
\nthe job site. The Tenant shall provide Landlord with an anticipated payment
\nschedule prior to the commencement of work.<\/p>\n
During the performance of the work, if there is a change or addition of
\ncontractors, sub-contractors or material suppliers, the Tenant shall immediately
\nnotify the Landlord’s Agent, in writing, of the change or addition. All the same
\nqualifications shall apply to the changed or added parties.<\/p>\n
In the event a Preliminary Lien Notice or Lien Notice is received by the Tenant,
\nTenant shall immediately provide a copy of same to Landlord’s Agent.<\/p>\n
Landlord’s Agent may, at its option, inspect the work in progress to insure that
\nthe building’s minimum standards of quality of craftsmanship are maintained.<\/p>\n
The Tenant is responsible for coordinating with the office of the building, any
\naccess requirements for the contractor for the purpose of stocking the job, work
\nto be performed in adjacent space, or connecting to or testing of base building
\nsystems which may disturb the normal operation of the building.<\/p>\n
After completion of the alteration, Tenant shall obtain the completed Permit Job
\nCard and a Temporary Certificate of<\/p>\n
Occupancy clearly indicating the City’s final Inspection by signature and date.
\nTenant shall submit a copy of same to Landlord’s Agent as evidence of the
\ncompleted alteration.<\/p>\n
Tenant shall, at the conclusion of all work, provide original Unconditional
\nLien Release documents to the Landlord’s Agent demonstrating the payment of all
\noutstanding invoices for the work.<\/p>\n
Upon completion of the work, Contractor is to provide Landlord’s Agent with a
\nset of “as-built” plans, cut sheets and specifications on all installed
\nequipment, all warranties, and the stamped plancheck approved drawings with the
\npermit signature card. These plans would include, but not be limited to:
\narchitectural, structural, electrical, plumbing and mechanical drawings as
\napplicable.<\/p>\n
If any reimbursement from Landlord’s Agent is due Tenant, copies of all paid
\ninvoices to all Contractors, sub-contractors and material suppliers must
\naccompany above said original Unconditional Lien Releases from each. Landlord’s
\nAgent shall then reimburse Tenant’s costs up to the agreed upon Tenant
\nImprovement Allowance, less any costs Landlord or Landlord’s Agent may have
\nincurred in association with the performance of the work.<\/p>\n
These requirements neither supersede or subjugate any of the terms and
\nconditions of the Lease for the leased space.<\/p>\n
EXHIBIT B-2<\/p>\n
[FLOOR PLAN] <\/p>\n
EXHIBIT “C”
\n ———–<\/p>\n
INTENTIONALLY OMITTED<\/p>\n
EXHIBIT “D”
\n ———–<\/p>\n
RULES AND REGULATIONS
\n ———————<\/p>\n
The following Rules and regulations shall be in effect at the Building.
\nLandlord reserves the right to adopt reasonable modifications and additions
\nhereto.<\/p>\n
(1) The sidewalks, entrances, passages, courts, elevators, vestibules,
\nstairways, corridors or halls of the Building shall not be obstructed by any
\ntenant or used for any purpose other than ingress and egress from the respective
\npremises. The halls, passages, entrances, elevators, stairways, balconies and
\nroof are not for the use of the general public, and Landlord shall in all cases
\nretain the right to control and prevent access thereto of all persons whose
\npresence in the judgment of Landlord shall be prejudicial to the safety,
\ncharacter, reputation and interests of the Building and its tenants, provided
\nthat nothing herein contained shall be construed to prevent such access to
\npersons with whom Tenant normally deals only for the purpose of conducting its
\nbusiness on the Premises (such as clients, customers, office suppliers and
\nequipment vendors, and the like) unless such persons are engaged in illegal
\nactivities. No tenant and no employees of any tenant shall go upon the roof of
\nthe Building without the written consent of Landlord.<\/p>\n
(2) No awnings or other projection shall be attached to the outside walls
\nof the Building or to balconies without the prior written consent of Landlord.
\nNo hanging planters, television sets or other objects shall be attached to or
\nsuspended from ceilings without the prior written consent of Landlord. No
\ncurtains, blinds, shades or screens shall be attached to or hung in, or used in
\nconnection with, any window or door of the Premises without the prior written
\nconsent of Landlord. All electrical ceiling fixtures hung in offices or spaces
\nalong the perimeter of the Building must be of a quality, type, design and bulb
\ncolor approved by Landlord. No awnings, furniture, trees or plants or other
\npersonal property shall be placed upon any balcony or patio, without Landlord’s
\nprior written approval.<\/p>\n
(3) No sign, advertisement or notice shall be exhibited, painted or
\naffixed by any tenant on any part of, or so as to be seen from the outside of,
\nthe Premises or the Building without the prior written consent of Landlord. In
\nthe event of the violation of the foregoing by any tenant, Landlord may remove
\nsuch sign, advertisement or notice without any liability and may charge the
\nexpense incurred in such removal to the tenant violating this rule. Interior
\nsigns on doors and director tablet shall be inscribed, painted or affixed for
\neach tenant by Landlord at the expense of such tenant, and shall be of a size,
\ncolor and style acceptable to Landlord.<\/p>\n
(4) The sashes, sash doors, skylights, windows and doors that reflect or
\nadmit light and air into the halls, passageways or other public places in the
\nBuilding shall not be covered or obstructed by any tenant, nor shall any
\nbottles, parcels or other articles be placed in the windowsills, balcony or
\npatio railings.<\/p>\n
(5) The water and wash closets and other plumbing fixtures shall not be
\nused for any purpose other than those for which they were constructed, and no
\nforeign substance of any kind shall be thrown herein. All damages resulting from
\nany misuse of the fixtures shall be borne by the tenant who, or whose servants,
\nemployees, agents, visitors or licensees shall have caused the same.<\/p>\n
(6) No tenant shall mark, paint, drill into, or in any way deface any part
\nof the Premises or the Building. No boring, cutting or stringing of wires or
\nlaying of linoleum or other floor coverings shall be permitted, except with the
\nprior written consent of Landlord, and as Landlord may direct or as specifically
\npermitted under the Lease. Any tenant permitted by Landlord to lay linoleum or
\nother similar floor covering shall not affix the same to the floor of the
\nPremises in any manner except by a paste, or other material which may easily be
\nremoved with water, the use of cement or other similar adhesive materials being
\nexpressly prohibited. The method of affixing any such linoleum or other similar
\nfloor covering to the floor, as well as the method of affixing carpets or rugs
\nto the Premises, shall be subject to approval by Landlord. The expense of
\nrepairing any damage resulting from a violation of this rule shall be borne by
\nthe tenant by whom, or by those agents, clerks, employees or visitors, the
\ndamage shall have been caused.<\/p>\n
(7) If Tenant desires telephone, cable TV, computer or telegraph
\nconnections, other than for the Data Center which shall be governed by the
\nprovisions of Exhibit “B”<\/p>\n
of the Lease, Landlord will direct electricians as to where and how the wires
\nare to be introduced.<\/p>\n
(8) No bicycles, vehicles or animals of any kind shall be brought into or
\nkept in or about the Premises, and no cooking shall be done or permitted by any
\ntenant in the Premises, except for items customarily cooked in standard
\nhousehold microwave ovens and preparation of coffee, tea, hot chocolate and
\nsimilar items for tenants, their employees and visitors shall be permitted. No
\ntenant shall cause or permit any unusual or objectionable odors to be produced
\nin or permeate from or throughout the Premises.<\/p>\n
(9) No portion of the Building shall be used for manufacturing or for the
\nstorage of merchandise except as expressly permitted under the use provisions of
\nthe Lease and except as such storage may be incidental to the use of the
\nPremises for general office purposes without Landlord’s prior written approval.
\nNo tenant shall, without the prior written consent of the Landlord, occupy or
\npermit any portion of this premises to be occupied or used for the manufacture
\nor sale of liquor, narcotics, or tobacco in any form, as a medical office,
\nchiropractor’s office, as a barber or manicure shop, or as an employment bureau
\nor any business other than that specifically provided for in the Lease. No
\ntenant shall engage or pay any employees on its premises except those actually
\nworking for such tenant on its premises nor advertise for laborers giving an
\naddress at its premises. The Building shall not be used for lodging or sleeping
\nor for any immoral or illegal purposes.<\/p>\n
(10) Except with the prior written consent of the Landlord, no tenant shall
\nsell, or permit the sale at retail or otherwise of newspapers, magazines,
\nperiodicals, or theatre tickets, in or from the Building, nor shall any tenant
\ncarry on, or permit or allow any employee or other person to carry on, the
\nbusiness of stenography, typewriting or any similar business in or from the
\nBuilding for the service or accommodation of occupants of any other portion of
\nthe Building.<\/p>\n
(11) Landlord reserves the right to prohibit personal goods and services
\nvendors (as such term is defined below) from access to the Building. To the
\nextent that Landlord permits such vendors access to the Building, such access
\nshall be upon such reasonable terms and conditions, including but not limited to
\nthe payment of a reasonable fee and provision for insurance coverage, as are
\nrelated to the safety, care and cleanliness of the Building, the preservation of
\ngood order thereon, and the relief of any financial or other burden on Landlord
\noccasioned by the presence of such vendors or the sale by them of personal goods
\nor services (as such term is defined below) to a tenant or its employees. If
\nreasonably necessary for the accomplishment of the aforementioned purposes,
\nLandlord may exclude a particular vendor entirely or limit the number of vendors
\nwho may be present at any one time in the Building. The term “personal goods or
\nservices vendors” means persons who periodically enter the Building for the
\npurpose of selling goods or services to a tenant, other than goods or services
\nwhich are used by a tenant only for the purpose of conducting its business on
\nits premises. “Personal goods or services” include, but are not limited to,
\nbarbering services and shoe shining services. “Personal goods or services” shall
\nnot include vendors delivering bottled water, soft drinks, pizza, sandwiches and
\nthe like when doing so at the express request of Tenant or Tenant’s employees
\nfor purposes other than resale.<\/p>\n
(12) No tenant shall make, or permit to be made, any unseemly or disturbing
\nnoises or disturb or interfere with occupants of this or neighboring buildings
\nor premises or those having business with them by the use of any musical
\ninstrument, radio, phonograph or unusual noise, or in any other way.<\/p>\n
(13) No tenant shall throw anything out of doors, windows or skylights or
\ndown the passageways.<\/p>\n
(14) No tenant, nor any of a tenant’s servants, employees, agents, visitors
\nor licensees, shall at any time bring, keep or use on the Building any kerosene,
\ngasoline, or inflammable, combustible, explosive, or corrosive fluid, or any
\nother illuminating material, or use any method of heating other than that
\nsupplied by Landlord.<\/p>\n
(15) No tenant shall sweep or throw or permit to be swept or thrown from
\nthe Premises any dirt or other substance into any of the corridors or halls or
\nelevators, or out of the doors, windows, stairways, patios or balconies of the
\nBuilding, and Tenant shall not use, keep or permit to be used or kept any foul
\nor noxious gas or substance in the Premises, or Permit or suffer the Premises to
\nbe occupied or used in a manner offensive or objectionable to Landlord or other
\noccupants of the Building by reason of noise, odors and\/or vibrations, or
\ninterfere in any way with other tenants or those<\/p>\n
having business therein, nor shall any animals or birds be kept in or about the
\nBuilding. Smoking or carrying lighted cigars, cigarettes, pipes, or other
\nlighted smoking materials, in the elevators and all other common and\/or public
\nareas of the Building is prohibited.<\/p>\n
(16) No additional locks or bolts of any kind shall be placed upon any of
\nthe doors or windows by any tenant, or shall any changes be made in existing
\nlocks or the mechanisms thereof unless Landlord is first notified thereof and
\ngives written approval. Each tenant must, upon termination of his tenancy, give
\nto Landlord all keys of stores, offices, or toilets and toilet rooms, either
\nfurnished to, or otherwise procured by, such tenant, and in the event of the
\nloss of any keys so furnished, such tenant shall pay Landlord the cost of
\nreplacing the same or of changing the lock or locks opened by such lost key if
\nLandlord shall deem it necessary to make such change.<\/p>\n
(17) All removals, or the carrying in or out of any safes, freight,
\nfurniture, or bulky matter of any description must take place during the hours
\nwhich Landlord may determine from time to time. The moving of safes or other
\nfixtures or bulky matter of any kind must be made upon previous notice to the
\nmanager of the Building and under his\/her supervision, and the persons employed
\nby any tenant for such work must be acceptable to Landlord. Landlord reserves
\nthe right to inspect all safes, freight or other bulky articles to be brought
\ninto the Building and to exclude from the Building and all such bulky articles
\nwhich violate any of the Rules and Regulations or the Lease of which these Rules
\nand Regulations are a part. Landlord reserves the right to prescribe the weight
\nand position of all safes, which must be placed upon supports approved by
\nLandlord to distribute the weight.<\/p>\n
(18) No tenant shall purchase janitorial, maintenance or other services
\nfrom any company or persons not approved by Landlord, which approval shall not
\nbe unreasonably withheld. Any person employed by any tenant to do janitorial
\nwork shall, while in the Building and outside of the Premises, be subject to and
\nunder the control and direction of the office or management of the Building (but
\nnot as an agent or servant of Landlord, and the tenant shall be responsible for
\nall acts of such persons). Except with Landlord’s prior written approval, no
\ntenant shall permit janitorial services to be performed during the hours of 7:00
\na.m. to 6:00 p.m. Monday through Friday.<\/p>\n
(19) Should the Building have retail tenants, Landlord shall have the right
\nto prohibit any advertising by any tenant which, in Landlord’s opinion, tends to
\nimpair the reputation of the Building or its desirability as an office\/retail
\nbuilding and upon written notice from Landlord any tenant shall refrain from and
\ndiscontinue such advertising.<\/p>\n
(20) On Saturdays from 1:00 p.m. to 8:00 a.m., Sundays, those legal
\nholidays designated by Landlord, and on other days between the hours of 7:00
\np.m. and 7:00 a.m., access to the Building or to the halls, corridors, elevators
\nor stairways in the Building, or to the Premises may be refused unless the
\nperson seeking access is pre-approved by Landlord. Any list of employees of
\nTenant submitted to Landlord shall be deemed pre-approved. Landlord shall in no
\ncase be liable for damages for admission to or exclusion from the Building of
\nany person whom Landlord has the right to exclude. Each tenant shall be
\nresponsible for all persons for whom he requests after hours access and shall be
\nliable to Landlord for all acts of such persons. In case of invasion, mob, riot,
\npublic excitement, or other commotion, Landlord reserves the right but shall not
\nbe obligated to prevent access to the Building during the continuance of the
\nsame by closing the doors or otherwise, for the safety of the tenants and
\nprotection of property in the Building.<\/p>\n
(21) All doors opening into public corridors shall be kept closed, except
\nwhen in use for ingress and egress. Tenants shall see that the windows, transoms
\nand doors of their premises are closed and securely locked before leaving the
\nBuilding.<\/p>\n
(22) The requirements of tenants will be attended to by the manager of the
\nBuilding upon formal written or oral request of Tenant.<\/p>\n
(23) Canvassing, soliciting and peddling in the Building are prohibited and
\neach tenant shall cooperate to prevent the same.<\/p>\n
(24) There shall not be used in any space, or in the public halls of the
\nBuilding, either by any tenant or others, any hand trucks except those equipped
\nwith rubber tires and side guards.<\/p>\n
(25) No vending or coin operated machines shall be placed by any tenant
\nwithin his premises without the prior written consent of Landlord, not to be
\nunreasonably withheld.<\/p>\n
(26) Tenant shall fully abide by and comply with any Covenants, Conditions
\nand Restrictions or similar instrument or document imposed against or
\nencumbering the Building or Project.<\/p>\n
(27) These Rules and Regulations are in addition to, and shall not be
\nconstrued to in any way modify or amend, in whole or in part, the terms,
\ncovenants, agreements and conditions or any lease of premises in the Building.<\/p>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_contracts_companies":[7174],"corporate_contracts_industries":[9519],"corporate_contracts_types":[9583,9579],"class_list":["post-41851","corporate_contracts","type-corporate_contracts","status-publish","hentry","corporate_contracts_companies-concentric-network-corp","corporate_contracts_industries-telecommunications__telephone","corporate_contracts_types-land__ca","corporate_contracts_types-land"],"acf":[],"_links":{"self":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts\/41851","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts"}],"about":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/types\/corporate_contracts"}],"wp:attachment":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/media?parent=41851"}],"wp:term":[{"taxonomy":"corporate_contracts_companies","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_companies?post=41851"},{"taxonomy":"corporate_contracts_industries","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_industries?post=41851"},{"taxonomy":"corporate_contracts_types","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_types?post=41851"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}