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Affiliate as defined in paragraph 12.2 of this Lease. The Options herein granted to Lessee are not assignable separate and apart frorn this
<br />39,3 Multiple Options. In the event th, ssee has any multiple options to extend or rene, is Lease a later option cannot be exercised
<br />unless the prior option to extend or renew t, Lease has been so exercised.
<br />39.4 Effect of Default on Options.
<br />(a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary, (i) during the
<br />time commencing from the date Lessorgives to Lessee a notice of default pursuant to paragraph 13.1 (b) or 13.1 (c)and continuing until the default
<br />alleged in said notice of default is cured, or (if) during the period of time commencing on the day after a monetary obligation to Lessor is due from
<br />Lessee and unpaid (without any necessity for notice thereof to Lessee) continuing until the obligation is paid, or (m) at any time after an event of
<br />default described in paragraphs 13.1 (a), 13.1 (d), or 13.1(e) (without any necessity of Lessor to give notice Of Such default to Lessee), or (iv) in the
<br />event that Lessor has given to Lessee three or more notices of default under paragraph 13.1(b), where a late charge becomes payable under
<br />paragraph 13.4 for each of such defaults, or paragraph 13.1 (c). whether or not the defaults are cured, during the 12 month period prior 10 the time
<br />that Lessee intends to exercise the subject Option,
<br />(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to
<br />exercise an Option because of the provisions of paragraph 39.4(a)
<br />(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due
<br />and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of
<br />Lessee for a period of 30 days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (h) Lessee
<br />fails to commence to cure a default specified in paragraph 13.1(c) within 30 days after the date that Lessor gives notice to Lessee of such default
<br />and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessee commits a default described in paragraph 13.1(a),
<br />13.1 (d) or 13.1 (e) (without any necessity of Lessor to give notice of such default to Lessee), or (iv) Lessor gives to Lessee three or more notices of
<br />default under paragraph 13.1 (b), where a late charge becomes payable under paragraph 13.4 for each such default, or paragraph 13.1 (c), whether
<br />or not the defaults are cured,
<br />40. Multiple Tenant Building. In the event that the Premises are part of a larger building or group of buildings then Lessee agrees that it will abide
<br />by, keep and observe all reasonable rules and regulations which Lessor may make from time to time for the management, safety, care, and
<br />cleanliness of the building and grounds, the parking of vehicles and the preservation of good order therein as well as for the convenience of other
<br />occupants and tenants of the building. The violations of any such rules and regulations shall be deemed a material breach of this Lease by Lessee.
<br />41. Security Measures. Lessee hereby acknowledges that the rental payable to Lessor hereunder does not include the cost of guard service or
<br />other security measures, and that Lessor shall have no obligation whatsoever to provide same. Lessee assumes all responsibility for the protection
<br />of Lessee, its agents and invitees from acts of third parties.
<br />42. Easements. Lessor reserves to itselfthe right, from time to time, to grant such easements, rights and dedications that Lessor deems necessary
<br />or desirable, and to cause the recordation of Parcel Maps and restrictions, so long as such easements, rights, dedications, Maps and restrictions do
<br />not unreasonably interfere with the use of the Premises by Lessee. Lessee shall sign any of the aforementioned documents upon request of Lessor
<br />and failure to do so shall constitute a material breach of this Lease.
<br />43. Performance Under Protest. If at anytime a disputeshall arise as to any amount orsum of money to be paid by one party to the other underthe
<br />provisions hereof, the party against whom the obligation to pay the money is asserted shall have the right to make payment "'under protest" and
<br />such payment shall riot be regarded as a voluntary payment, and there shall survive the right on the part of said party to institute suit for recovery of
<br />such Sum. If it shall be adjudged that there was no legal obligation on the part of said party to pay such sum or any part thereof, said party shall be
<br />entitled to recover such sum or so much thereof as it was not legally required to pay under the provisions of this Lease.
<br />44. Authority. If Lessee is a corporation, trust, Or general or limited partnership, each individual executing this Lease on behalf of such entity
<br />c:
<br />3:
<br />represents and warrants that he orshe is duly authorized to execute and deliverthis, Lease on behalf ofsaid entity. If Lessee is a corporation, trust or
<br />partnership, Lessee shall, within thirty (30) days after execution of this Lease, deliver to Lessor evidence of such authority satisfactory to Lessor.
<br />S
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<br />45. Conflict. Any conflict between the printed provisions of this Lease and the typewritten or handwritten provisions shall be controlled by the
<br />.2
<br />typewritten or handwritten provisions.
<br />47 54
<br />46. Addendum. Attached hereto is an addendum or addenda containing paragraphs - through which constitutes aar
<br />part of this Lease.
<br />47. RENTAL PAYABLE by LESSEE during the term shall be the monthly base rental specified
<br />0
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<br />in Paragraph 4, plus a percentage of said base rental equal to the percentage change in
<br />the United States Department of Labor, Bureau of Labor Statistics, All Items Consumer
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<br />Price Index, All Urban Consumers (Los Angeles -Long Beach -Anaheim area) between Commenceme&-
<br />and each anniversary date during term thereof. The C.P.I. Base for the initial term is
<br />M
<br />321.3. In no event shall such rental calculation for the term be less than that payable
<br />as provided pursuant to Paragraph 4. Any C.P.I. increases will not exceed 10% each
<br />anniversarydless date.
<br />48. Regarof the language of Section 8 of this Rental Agreement, the
<br />2
<br />01
<br />City of Santa Ana may elect to be self insured.
<br />49. Lessor to make the following modifications: (]) New ceiling; (2) New
<br />2
<br />lights (interior); (3) Electrical outlets to desks per plans; (4) Divider
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<br />wall; (5) Painting interior & exterior - color to be agreed upon.
<br />50. Lessor to maintain common area lighting.
<br />51. Lessee entitled to exclusive use of two parking spaces in rear of bldg.
<br />52. Lessee to install carpeting & blinds.
<br />53. Lessor to provide refuse removal.
<br />to service & pay -for all repair-s- on --
<br />LESSOR AND LESSEE HAVE CAREFULLY READ AND REVIEWED THIS LEASE AND EACH TERM AND PROVISION CONTAINED HEREIN
<br />0
<br />AND, BY EXECUTION OF THIS LEASE, SHOW THEIR INFORMED AND VOLUNTARY CONSENT THERETO. THE PARTIES HEREBY AGREE
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<br />THAT, ATTHETIMETHIS LEASE IS EXECUTED, THE TERMS OF THIS LEASE ARE COMMERCIALLY REASONABLE AND EFFECTUATETHE
<br />-6
<br />INTENT AND PURPOSE OF LESSOR AND LESSEE WITH RESPECT TO THE PREMISES.
<br />0
<br />IF THIS LEASE HAS BEEN FILLED IN IT HAS BEEN PREPARED FOR SUBMISSION TO YOUR ATTORNEY FOR HIS APPROVAL.
<br />NO REPRESENTATION OR RECOMMENDATION IS MADE BY THE AMERICAN INDUSTRIAL REAL ESTATE ASSOCIATION OR
<br />BY THE REAL ESTATE BROKER OR ITS AGENTS OR EMPLOYEES AS TO THE LEGAL SUFFICIENCY, LEGAL EFFECT, OR TAX
<br />CONSEQUENCES OF THIS LEASE OR THE TRANSACTION RELATING THERETO; THE PARTIES SHALL RELY SOLELY UPON
<br />THE ADVICE OF THEIR OWN LEGAL COUNSEL AS TO THE LEGAL AND TAX CONSEQUENCES OF THIS LEASE.
<br />The parties hereto have executed this Lease at the place on the dates specified immedi-11'sly adjacent to their respective signatures.
<br /><
<br />Oran PR TIES
<br />Executed at e County
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<br />p /7A
<br />By Ilk" 1 1
<br />on ams, arzner
<br />Address 11177 HARBOR BOULEVARD By
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<br />GARDEN GRQVE,CA, 92641 (714) 5,i4-8600 "LESSOR" (Corporate seal
<br />Executed at ©range County
<br />on
<br />Address
<br />CITY OF,SANTA ANA
<br />By
<br />ATTEST?y nice C.
<br />Iferk of,,
<br />For these forms write or call the American Industrial Real Estate
<br />(213) 687-8777
<br />Thy
<br />a
<br />,Mayor,, -
<br />I r C.N
<br />E
<br />to
<br />ate, at)
<br />Figueroa St., Suite 275, Los Angeles, CA
<br />Form 105g 780 0
<br />COO D&
<br />
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