|
Praja of, restrict access to portions or (lie Pro)ect, including portions or the Common Areas, or perform work to the Building and/or the Project.
<br />Tenant hereby agrees that such Construction Work and Landlord's actions in connection with such Construction Work shall in no way constitute a
<br />constructive eviction of Tenmu nor entitle Tenant to any abatement of Rent, Landlord shall have no responsibility or liability to Tenant for any
<br />Injury to or interrerence with Tenant's business arlaing from any such Construction Work, and Tenant shall not be entitled to any damages from
<br />Landlord for loss or use of the Premises, in whole or In port, or for loss of Tenant's personal property or Improvements, resulting From the
<br />Conslnlction Work or Landlord's actions In connection therewith or for any Inconvenience occasioned by Such Construction Work or Landlord's
<br />actions in connection therewith.
<br />17.3.5 Other Well Reserved by Landlord. Landlord reserves the following rights exercisable without notice (except us
<br />otherwise expressly provided to the contrary in this Lease) and without being, deemed an aviation or disturbance of Tenant's use or possession orthe
<br />Premises or giving rise to any claim for set-off or abatement of Rent: (a) to designate and/or approve prior to installation, all types orsigns„window
<br />shades, blinds, drapes, awnings or other similar items, and all Internal lighting that may be visible hip the exterior of the Premises and,
<br />notwithstanding the provisions of Article 10the design, arrangement, style, color and general appearance of the portion of the Premises visible from
<br />the exterior, end contents thereof, including, without limitation, Htrniture, fixtures, signs, art work, wall coverings, carpel and decorations, and all
<br />changes, additions slid reanovols thereto, shall, at all times have the appearance of premises having the same type of exposure and used far
<br />substantially the same purposes that are generally prevailing In first class office buildings in the area; (b) to display the Premises and/or tie Building
<br />and/or the Project to mortgagees, prospective mortgagees, prospective purchasers and ground lessors at reasonable hours upon reasonable advance
<br />notice to Tenant; (a) to change the arrangement of entrances, doors, corridors, elevators and/or stairs in the Building and/or the Project, provided na
<br />such change shall materially adversely affect access to the Premises; (d) to grant any party the exclusive right to conduct any business or render any
<br />service in the Building or in the Project, provided such exclusive right shall not operate to prohibit Tenant from using the Premises for tie purposes
<br />pennittad tinder this Lease; (e) to prohibit the placement of vending or dispensing machines of any kind in or about the Premises other than for use by
<br />Tenant's employees; (0 to prohibit the placement of video at, other electronic games in the Premises; (g) to have access for Landlord and other
<br />tenants of the Building to any mail chutes and boxes located In at' on the Premises according to the rules of the United States Post Office and to
<br />discontinue any mail chute business in the Building and/or the Project; (It) subject to Tenant's rights or access under Section 2.1.3, to close the
<br />Building alter normal business hours, except that Tenant and its employees and Invitees shall be entitled to admission at all drives under such miss
<br />and regulations as Landlord prescribes for security purposes; (1) to install, operate and maintain surveillance systems which manioc, by closed circuit
<br />television or otherwise, all persons entering or leaving the Building and/or the Project; q) to Install and maintain pipes, ducts, conduits, wires and
<br />instinct elements located in the Premises which serve other parts or other tenants orthe Building and/or ilia Project; (k) to retain at all times master
<br />keys or pass keys to tie Premises; (1) to modify, change, add to or delete the design, configuration, layout, size, Ingress, egress, areas, mothod of
<br />operation, and other characteristics of or relating to the Parking Facilities at any time, and/or to provide for peruse, partial use or restricted use of
<br />portions thereof, (m) to delegate control of the Parking Facilities to a parking operator (and/or to master lease the Parking Facilities to a parking
<br />operator) in which case Landlord may assign any or all of the rights, including rights of control, attributed hereby to the Landlord to such parking
<br />operator, and (n) to take (and require Tenant to take) reasonably appropriate action to comply with any Law or mandatory controls or voluntary
<br />controls promulgated by any govemnneopal or quasl•govormilmtal authority or public utility foisting to: (1) the use or conservation of energy, water,
<br />gas, light or electricity, reduction of automobile or other emissions, or tie provision or any other utility or service and/or (i i) tie reduction and/or
<br />management ortrarfic, transportation or parking In or around the Project.
<br />17.4 Light And Atr. No diminution or shutting off of any light, air or view by any structure now at barterer created shall In any
<br />maAaW oFfact this Lease or die obligations of Tenant hereunder, or increase any of the obligations of Landlord hereunder.
<br />17,5 Force Nlnienre. Landlord shah incur no liability to Tenant with respect to, and shall not be responsible for any failure to
<br />perform any of Landlord's obligations hereunder ranch failure is caused by any reason beyond the control of Landlord, including, but not limited to,
<br />strike, labor trouble, governmental rule, regulations, ordinance, statute or Interpretation, or by tire, earthquake, civil commotion, or failure or
<br />disruption of utility services (n "Force Majeure F,vaot"). The amount of time for Landlord to perform any of Landlord's obligntimhs shall be
<br />extended by the amount of time Landlord is delayed In performing such obligation by reason or any such Force Majeure Event whether similar to Or
<br />different from the foregoing types of occurrences.
<br />17.6 All nrnLys' Feese("avmmhre)ow• No Coonterdninr Choice of Lawse Waiver of Jury Trit
<br />17.6.1 Attorneys'Rees,IFeitherLandlordor'1'envushallcommcnceanyactionorotherproceedingagainsttheodierarising
<br />out or, or relating to, this Lease or the Premises, ilia prevailing party shall be entitled to recover from the losing party, In addition to any other relief,
<br />its actual attorneys' fees irrespective of whether or not the action or other proceeding is prosecuted to judgment and inIall ive of any court
<br />schedule or reasonable attorneys' fees, In addition, Tenam shall reimburse Landlord, upon demand, for all reasonable atio neys' face incurred in
<br />collecting Rent orathemise seeking enforcement against Tenant, Its sublessees and assigns, of Tenant's obligations under this Lcase
<br />IT6.2 Governing Law, This Lease shall be governed by, and coreuued In accordance with, the Imes or ilia safe of
<br />Cali Benin (without regard to its conflict or laws principles),
<br />17.6.3 CAoleu of Jurisdiction. Tenant hereby submits to local jurisdiction in the State of California and agrees that any
<br />action by Tell mil against Landlord shall be insthuted in the State of California and Gnat Landlord shall have personal Jurisdiction over *I'erat roc any
<br />nation hrouglu by Landlord agninit Tanont lu the State of California.
<br />17.6.4 Walver of Trial by Jurv. TO THE FULLEST EXTENT PERMITTED BY LAW, LANDLORD AND TENANT
<br />EACH EXPRESSLY WAIVE THEIR RIGHT TO TRIAL BY JURY IN ANY TRIAL IIELD AS A RESULT OF A CLAIM ARISING OUT OF Olt
<br />IN CONNECTION WITH THIS LEASE IN WHICH LANDLORD AND TENANT ARE ADVERSE PARTIES, THE h'ILINU OF A CROSS.
<br />CO3HPLAINT BY ONE AGAINST"'rl IE oTHER IS SUFFICIENT TO MAKE THE PARTIES "ADVERSE"
<br />17.7 0FAC (7ontplianec. Tenant represents, wunnnts and covenants to Landlord: (a) that neither die Tenant norm) person or runny
<br />Ihnh dimcty ohmhs n 104fi nr grealer equity interest in it unr nay of its eliiears. direcmrs• m• managing members is a person or entity with whom U.S.
<br />80f W C'hdr C'errner Or —Cleo aj,Swaa Ann Lease d6-
<br />
|