|
2.1.1 Landlord hereby [cases the Premises to Tenant, and Tenant hereby leases the Premises from Landlord, upon all oFtne
<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 />Tenant'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 of this Lease. Acceptance of possession of the Premises
<br />by Tenant shall be conclusive evidence as against Tenant that the Premises are then in tenantable and good condition.
<br />2.1.2 Landlord slid Tenant hereby agree that the number of RSF (also referred to as the "Rentable Area") contained: (a)
<br />within the Building Is as set forth in jtem 25 of the Basic lease Provisions and (b) within the Premises is as set forth in Item 2.5 orthe 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 -roar (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 enjoy the Premises during the Term of this Lease from and against all Persons holding an
<br />Interest in the Project from and through Landlord.
<br />2.2 No Relocation of Premises:Riaht of First Offer.
<br />2.2.1 No Relocation, Landlord shall have no right to relocate any portion of the Premises located on the second (2nd) floor
<br />of the Building. Any relocation rights with respect to any portions of the Premises located on any other floor of the Building will be specifically
<br />negotiated In connection with Tenant's lease of any such space.
<br />2.2.2 1112bt of Fiat Offer. Tenant shall have a one-time Right of 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 111-2" of -Exhibit „I" attached hereto,
<br />2.3 Common Areas: Parking.
<br />2.3.1 Common Areas. In connection with its lease or the Premises, Tenant shall have the non-exclusive right to use the
<br />Common Areas together with other Persons, The Common Areas shall be subject to the exclusive management and control of Landlord, and Tenant
<br />shall comply with all Rules and Regulations pertaining to use of the Common Areas. Landlord shall have the right from time to time to designate,
<br />relocate and limit Elie use of particular areas or portions of the Common Areas. Landlord shall also have the right to close all or any portion of Elie
<br />Common Areas as may, in the sole discretion of Landlord, be necessary to prevent a dedication thereof or the accrual of any rights in any Person.
<br />2.3.2 Rental and Use of Parking Passes Visitor Parking.
<br />(a) Commencing on the Commencement hale and continuing through the Term, Tenant shall out from Landlord
<br />and Landlord shall provide a number of Unreserved Parking Passes equal to the Parking Number specified in Item 8 of tine Basic Lease Provisions.
<br />Parking Fees shall be payable with respect to Parking Passes rented by Tenant at the rates provided in Section 43.1 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 Pocking 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 transferee without Landlord's prior approval.
<br />(b) The specific locations within the Parking Facilities in which de unreserved Parking 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 the right to implement, administer and enforce a parking management program, with respect to Ilse Parking Facilities generally,
<br />with respect to use of one or more types or Parking Passes In particular, and/or with respect to the use or the Parking Passes rented by one or more
<br />specific tenant or tenants (including Tenant), with parking management plan may include, without limitation, any or more orthe following measure
<br />or features: oversell of Parking Passes; expansion orthe 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 specific Building tenants (including Tenant)
<br />and/or for one or more Building tenants' business visitors; implementation of valet 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 more
<br />Building tenants. It is specifically understood and agreed that if Landlord implements one or more such measures or features that 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 />(if) that are specific to Tenant, the costs incured to implement, administer and enforce such measures shall be reimbursed by Tenant.
<br />(c) Visitor Parldne,
<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 come, first served basis, upon payment orthe 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 rote, Project Parking Validations (defined below), to be used only by
<br />Tenant's Business Customers (defined below) for parking in the Parking Facilities without charge. "Project Parking Validations" means
<br />vulidallons. In such form us landlord, in its sole but good Poith discretion, shall otter treat time to time. permitting Persians using such validations to
<br />park in the Parking Facilities for specified periods ul'tinie without charge ([a, a 30-minute validation would pemnit parking without charge In the
<br />Parking Facilities (bra period up to 30 minutes). "Tenant's Business Customers" means Persons that visit the Premises forthe specific purpose or
<br />conducting business a tine Premises (and far the avoidance oi'doubl, shall not Include any employees orTenant or tiny or its Transferees who have
<br />oflius (on an exclusive or shoed basis) at the Premises).
<br />401 0103e Cenrm-Dr— Cup, ofSanfndna Lease .5-
<br />
|