|
2.1.1 Landlord hereby leases the Premises to Tenant, and T'ensnt hereby leases the Premises from Landlord, upon all of the
<br />terms, covenants and conditions contained in this Lease. Tenant acknowledges that Landlord has not made any representation or warranty with
<br />respect to the condition of the Premises, the Building or the Project with respect to the suitability or fitness of any of the same for the conduct of
<br />Temtnl's Permitted Use, its business or for any other purpose. Landlord does not represent and Tenant does not rely upon any specific type or
<br />number of tenants occupying any space in the Building and/or the Project during the Tenn orthis Lease. Acceptance ofpossession of the Premises
<br />by Tenant shall be conclusive evidence as against Tenant that the Premises are then in tenantable and good wndilion.
<br />2.1.2 Landlord and Tenant hereby agree that the number of RSP (also referred to as the "Rentable Area") contained: (a)
<br />within the Building is as set forth in Item 2.5 of the Basic Lease Provisions and (b) within the Premises is as set forth in 1 em 2.5 of the Basic Lease
<br />Provisions.
<br />2.1.3 Subject to Landlord's access control programs and the Rules and Regulations, Tenant and its employees and invitees
<br />shall be entitled to access the Premises seven (7) days per week, twenty-four (24) hours per day.
<br />2.1.4 Subject to all of the terms and conditions contained in this Lease and provided that Tenant performs all of its
<br />obligations hereunder, Tenant shall have and peaceably egjoy the Premises during the Term of this tease from and against all Persons holding an
<br />Interest in the Project front and through Landlord,
<br />2.2 No Relocation of Premises: Right ofPirst Offer.
<br />2.2.1 No Relocation. Landlord shall have no right to relocate any portion of the Premises located on the second (2ad) floor
<br />of the Building. Any relocation rights with respect to any portions of the Premises located oft any other floor of the Building will be specifically
<br />negotiated In connection with Tenaol's lease of any such space.
<br />2.2.2 Right of First Offer. Tenant shall have a one-time Right ot'First Offer (defined below) with respect to the First Right
<br />Space (defined below) subject to and In accordance with the terms and conditions of Schedule 1-2" of Exhibit"I", attached hereto.
<br />2.3 Common Arcas: Parking.
<br />2.3•I Common Areas, In connection with its lease of die Premises, Tenant shall have the non-exclusive right to use the
<br />Common Areas to gather with other Persons. The Common Areas shall be subject to the exclusive management anti oc nunl of Landlord, end Tenant
<br />shall comply with all Rules and Regulations pertaining to use of the Common Areas, Landlord shall have the right from time to lhme to designate,
<br />relocate and limit the use of particular areas or portions of the Common Areas, Landlord shall also have the right to close all or any portion orthe
<br />Common Areas as may, in the sole discretion of Landlord, be necessary to prevent a dedication thereof or the necrual array rights in any Person.
<br />2.3.2 Rental ')lid Use of Parking Passes: Visitor Parldna.
<br />(a) Commencing on the Commencement Dale and continuing through the Term, Tenant shall rent from Landlord
<br />and Landlord shall provide a number of Unreserved Parking Passes equal In the Puking Number specified in Item 8 of the Basic Lease Provisions.
<br />Parking Fees shall be payable with respect to Parking Passes rented by Tenant at the rates provided in Section 4 3 1 below (which shall be subject to
<br />abatement in accordance with Section 4 3 2 below), The Parking Passes are with respect to, subject to the provisions of this Lease, use of the Parking
<br />Facilities. The Parking Passes provided to Tenant pursuant to this Section 2.3.2 are provided to Tenant solely for use by officers, directors, and
<br />employees of Tenant, its Affiliates, sublessees and assignees, and such passes may not otherwise be transferred, assigned, subleased or otherwise
<br />alienated by Tenant to any other type of t ansforee without Landlord's prior approval.
<br />(b) The specific locations within the Parking Facilities in which the Unreserved Panting Passes may be used shall
<br />be specified by and may, from time to time, be relocated by Landlord in Its sole discretion. In addition, it is expressly understood and agreed that
<br />Landlord shall have tie right to implement, administer slid enforce a parking management program, with respect to die Parking Facilities generally,
<br />with respect to use crone or more types or Parking Passes in particular, and/or with respect to the use of the Panting Passes rented by one or more
<br />specific tenant or tenants (including Tenant), with parking management plan may include, without limitation, any or more of the following measure
<br />or features: oversell of Parking Passes; expansion of the Parking Facilities to include additional parking lots or structures within a reasonable distance
<br />from the Building; reservation of specific portions of the Parking Facilities for parking by one or more specilic Building tenants (including Tenant)
<br />and/or for one or more Building tenants' business visitors; impleimcntation orvalet or assisted parking programs or measures; creation and allocation
<br />of tandem parking spaces to specific Building tenants; designation of visitor parking rates: and allocation of validation privileges to one or nio•e
<br />Building tenants. It is specifically understood and agreed that it Landlord implements one or more such measures or features tiro are: (i) generally
<br />applicable to the Parking Facilities, the costs incurred to implement, administer and enforce such measures shall be included in Operating Costs or
<br />(it) that are specific to Tenant, the costs incurred to implement, administer and enforcesuch measures shall be reimbursed by Tenant,
<br />(a) Visitor Parldre.
<br />(i) Tenant's business visitors may park in the Parking Facilities, or in die applicable portions thereof
<br />designated by Landlord, on a first conic, first sewed basis, upon payment ofthe prevailing fee for parking charged to visitors to the Project. Tenant
<br />shall have the right to purchase from Landlord, at Landlord's then prevailing rate, Project Parking Validations (defined below), to be used silly by
<br />Tenant's Business Customers (defined below) for parking in the Parking Facilities without charge. -Project Parking Validations" means
<br />validations. in such form as Imadlord, in its sole but good faith discretion. shall offer from time to time. permitting persons using such validations to
<br />park in the Parking Facilities for spccilied periods Or time without charge (i.c., a 30-mimite validation would pe nit parking without charge in the
<br />Parking Facilities for a period up to 30 minutes). "Tenant's Business Customers" means Persons than visit the Premises fro• the specilic purpose of
<br />conducting business at the Premises (rand for the avoidance nrtloubt, shall not include any employees of -Penman or any or hs, Tansfe•ees who have
<br />uBicos (nil an exclusive or shared basis) at the Premises).
<br />801 F6'1711-1c Crnrer Dr-Chr ofSnua:bra Lease -5-
<br />
|