|
EXHIBIT 1D
<br />(11) Notwithstanding The foregoing, each calendar month during the Term, Landlord shall provide to
<br />Tenant, without charge: (A) u number of Short Term Project Parking Validations (earned below) equal to the product of twenty (20) and the number
<br />of days in such calendar month (during the Term) and (B) a number or Lung Term Project Parking Validations (defined below) equal to the product
<br />of sixty (60) mad the number of days in such calendar month (during the'rarm), in each ease to be used only by Tenant's Bus in ass Customers for
<br />parking in the Parking Facilities without charge; provided that Landlord shall have the right to reasanubly adjust the number of Short Term Project
<br />Parking Validations and Lon Term Project Parking Validations so provided by Landlord (based on actual usage) effective as of expiration or die Ill led
<br />(3'a) full cnlendar month of the Initial'rerm, and lhereatar, upon expiration or each subsequent three (3) calendar monk period; provided further
<br />that: '(x) Landlord shall not, at any time during the Term, be required under this Section 212(c)(11) to provide a number or Project ranking
<br />Validations in any calendur month in excess of a oumberequnl to the product of eighty (90) and ilia number of days In such calendar men ill (during
<br />the Tenn) slid (y) any Project Porking'Validations provided by Landlord with respect to any particular calendar month that are not used during such
<br />calendar month shall, at the election of Landlord, either: (I) become null slid void (and be returned to Landlord) or (2) be credited against
<br />Landlord's obligations to provide Prated Parking Validations under this Section 2 3.2(c)(11) for subsequent calendar months, No Project parking
<br />Validations provided by Landlord to Tenant under this Section 2.3 2(c)(li) shall he used to accommodate parking, without charge, by any particular
<br />Tenant's Business Customer(a), for a period in excess of Three (3) hours on any day without Landlord's prior approval (and Tenant sliall not provide
<br />any particular Tenant's Business Customer more than one Project Parking Validation on any particular day). "Short Term Project Pmtdng
<br />Validations" means Project Parking Validations permitting Persons using such Project Parking Validations to perk in the Parking Facilities for up to
<br />thirty (30) minutes without charge. "Lang Term Project Parking Validations" means Project Parking Validations permitting Persons using such
<br />Project Parking Validations to park in the Parking Facilides for up to three (3) hours without charge.
<br />2.4 Sere,
<br />2.4.1 Except to the extent expressly provided in this Section 2.4, Tenant shall not: (a) place or Install (or allow or permit to
<br />be placed or Installed by any Tenant Party) any signs, advertisements, logos, identifying materials, pictures or names of any type oil the roof, exterior
<br />area or Common Areas of the Building or the Project or in any area orthe Building, Premises or Project which Is visible from the exterior of the
<br />Building or outside of the Promises or (b) place or Install (or allow or permit to be placed or Installed by any Tenant Party) in or about any portion or
<br />the Premises any window covering (even if beh Ind Building standard window coverings) or any other material visible from outside of the Premises or
<br />@on the exterior of ilia Building. Tenant shall no(, without die prior written consent of Landlord, use tie name of the Building and/or the Project, or
<br />any pictures or Illustrations of the Building and/or the Project, in Tenant's advertising or in any other publicity,
<br />2.4.2 Subject to compliance with applicable Lem slid such Building slgnage criteria as Landlord shall apply from time to
<br />time, and subject to receipt of Landlord's prior written consent: (a) it) die case where Tenant ocoupies an entire Floor In the Building, Tenant may
<br />piucc in any pardon of such floor which Is not visible from the exterior orthe Building such identification signage as Tenant shall desire and (b) In
<br />the case where Tenant occupies less than an entire floor in the Building, Tenant may require Landlord to install, at Landlord's sole cost and expense,
<br />In such portion artful mule -tenant condor on such floor as is called for by Landlord's sfgnngo program (as tie same may exist from time to time)
<br />identification signage of the type prescribed by Landlord's signage ptngram identifying Tenant; (a) Landlord shall provide oustomnry signage in the
<br />Building directory (if ally) in the ground floor lobby of the Building (Landlord shall beer Ilia initial cost of such directory signage and fine cost of
<br />updated any such directory signage no more than one in any month); and (d) Tetmnt may place in any portion of the inside of die Premises not visible
<br />Aram the exterior of the Building or floor outside of the Premises such identification signage as.Tenant shall desire. All signage described In this
<br />Section 2.4 2 (other than the directory signage described In clause (c) above) shall he treated as Tenant's personal property under the previsions of
<br />Seetton 10.5 with respect to Tenant's obligation at the expiration urea•ly wigninntien of this Lease.
<br />2.4.3 Eyebrow Sinn, In connection with Tenant's lease of the Premises, subject to all of the tern.%and conditions of Z3lfjlyjl
<br />al attached hereto, during the Tern, Tenant shall have tine right to install slid display at the Project the Eyebrow Sign (defined in Exhibit'W
<br />attached hereto) in the location described in Exhibit "K" attached Thereto.
<br />ARTICLE 3— DELIVERY; COMhI ENCEM ENT: TERhh SURRENDER: HOLDING OVER
<br />3.1 Delivern, Landlord shall endeavor to tender to Tennnl delivery of possession of the Premises in the Delivery Condition prior to
<br />the Target Delivery Dote; provided, that if the Delivery Date does not occur on or before the Target Delivery Dote, this Lease shall not be void at -
<br />voidable, the Term of tits Lease shall not be extended, and Landlord shall not be liable to Tenant for any loss or damage resulting therefrom;
<br />provided further that Landlord shall use commercially reasonable efforts to tender to Tenant delivery of possession of die Premises In the Delivery
<br />Condition as soon as reasonably possibly alter the Target Delivery Data,
<br />3.2 ggmnhencementt Terns,
<br />3.2.1 The Terns shall commence on the Commencement Date as defined in Item 3.2 orthe Basic Lease Provisions, and shall
<br />continue through the period specified in hem 3.3 of the Basle Lease Provisions unless tennhnated earlier hi acwrdanco with die provisions hereaf or
<br />extended pursuant to die written agreement of Landlord and 'Tenant or as provided in ' t 2 below, provided, however, Ill it if the
<br />Commencement Data shall occur rah a day other than tie first day omit), calendar manth, for purposes or calculating die Expiration Date Dart the
<br />tinting of all scheduled Inaeuses in Base Rent during Ilia Initial Term (but nut liar any other purpose.), the Commencement Data shall be deunmd to be
<br />ilia first dny orthe calendar manth following the Cununenccmeat Date. At any time during the Lease Tenn, Landlord may deliver to Tentau it notice
<br />In he rural is set in Exl'i ,.3" attached hereto, which Tennnl shall execute And return to Landlord within rive (5) business days ofheceipt thereof.
<br />3.2.2 Rxteh(%jnn Oration. 'tenon shall have two (2) options to extend die Term, each I'm, an Ubmsioa Tenn (dcrind below)
<br />of sissy (60l nwuths (five (5) years) subject to and in accordance with the terms and conditions of Schcdmle" W"of Exhibit 'T, attached heretu•
<br />3.3 Surrendefl llnitllne ovar,
<br />3.3.1 Except as provided in this Section 3.3 and In Section 7.1 below, upon expiration or earlier termination of this Lease.
<br />Tenant shall vacate and surrender the Premises to Landlord in the sume condition as when received ut the inception urdiis lxnse and as thereafter
<br />k01 60vie Cover Dr —CIO, uffSantuAun Leave fi1
<br />80A-334
<br />
|