FOSTER ASSESSMENT CENTER & TESTING SERVICE (FACTS)

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AIi1ZC[E 1. PM41SES. Owner hereby leases and demises to Tenant and Tenant hereby leases and takes from Owner those cer- tain premises (the "Premises") described in Paragraph E of the Basic lease Provisions. The location of the Premises is generally sham in the Floor Plan(s) attached hereto as Exhibit "A" (it being understood, truer, that such Floor Plan(s) do(es) not constitute a representation of the rr_asure- ments of the Premises). "Owner" herein is the City of Santa Ana, a municipal corporation of the State of California which is the Lessee of the Property pursuant to tM Tease Agreements and two Site Leases between Owner and the Comity Redevelopment Agency of the City of Santa Ana, all of which lease agreements are dated as of June 1, 1983. This Lase is subject to the terms, covenants and conditions herein set forth, and Tenant covenants to comply with all of such terms, covenants and conditions. ARTICLE 2. Teed. - As used in this lease, the words set forth in quotes below shall have the meanings indicated as fol- lows: A. "Estimated Commencement Date": The date upon which it is presently estimated that the Premises will be ready for Tenant's use pursuant to this Lease, as set forth in Paragraph H of the Basic Tease Provisions. Tenant agrees that Owner shall have no liability, nor shall Tenant be entitled to terminate or cancel this lease, if the lease term does not commence by the Estimated Commencement Date. B. ,Camncenent Date': If the Comencement Date is known upon the execution hereof and agreed between the parties, such date and the Expiration Date are as shown in Paragraph I of the Basic Lease Provisions, and upon the occurrence of the Co®encement Date, the term hereof shall co¢mence. If such dates are not known upon the execution hereof, then the Cauencemant Date shall be the ear- liest of the following three dates: (1) the seventh day following the Beneficial occupancy Date as defined in Section 3B below; or (2) the date upon which Tenant takes possession of the whole or any part of the Premises for occupancy pursuant to this Lease; or (3) the date which the parties agree shall be the Commencement Date. if the Co®encement Date is determined pursuant to Paragraph (1)7 (2) or (3) above, the term shall thereupon commnce, and the parties shall promptly execute such form as shall be required by Owner stating the Commencement Date and the Expiration Date, which dates shall be deemed part of the Basic Lase Provisions. C. "Lease term": The lease term shall be for the amber of years set forth in Paragraph G of the Basic Lease Provisions from and after the Commencement Date, plus any period of less than One month between the Commencement Date and the first day of the next succeeding calendar month. ARTECLE 3. O: MP=ON AND ?DANCE OF PRaTLSES. A. By Estimated Ca=ncement Date. subject to delay occasioned by causes beyond Owner's reasonable control, Owner shall use reasonable speed and diligence to perform its obligations pursuant to Exhibit 'T of this Tease; provided, however, failure to complete same by the Estimated Com2ncement Date shall not affect the terms, validity or commencement of this Lease, and Oomr shall have no liability to Tenant on account thereof. MAR 1988 -1-