|
1.61 "Rules and Regulations" means the rules and regulations attached hereto as Exhibit " "(Which are hereby incorporated herein
<br />and made a part hereol) and any reasonable and non-discriminatory amendments, modifications and/or additions thereto as may hereafter be adopted
<br />and published by written notice to tenants by Landlord for the safety, care, security, good order and/or cleanliness orthe Premises and/or the Project,
<br />1.62 "Security Deposit" means a cash security deposit In the amount specified in Item 6 of the Basic Lease Provisions.
<br />1.63 "Security Instruments", means, collectively: (a) all present and fliture ground leases and master leases or all or any part of the
<br />Project, Building or Premises; (b) present and Poture mortgages and deeds of trust encumbering all or any part or the Project, Building or Premises;
<br />(c) all post and future advances made under any such mortgages or deeds of trust; and (d) all renewals, modifications, replacements and extensions or
<br />any such ground leases, master leases, mortgages and deeds of trust, which now or hereafter constitute a lien upon or affect the Project, Building or
<br />Premises
<br />1.64 "Substantial Completion" (and "Substantially Complain,,) Is defined in die Work Letter.
<br />1.65 'Taking" is defined in Section 13.2.
<br />1.66 'Taking Date" is defined in Section 13.2.
<br />1.67 'Target Delivery Date" means the date specified in Item 3.1 of the Basic Lease Provisions.
<br />1.68 'Tenant" means the Original Tenant, and any person or entity to whom or to which all of Original Tenant's (or any other
<br />Tenant's) interest in this Lease is assigned (or otherwise transferred) in accordance with the provisions orArticle I I of this Lease.
<br />1.69 'Tenant Delays" Is defined in the Work Letter.
<br />1.70 'Tenant Improvements" means the Initial Alterations (if any) to be constructed and/or installed in the Premises pursuant to the
<br />Work Letter (if any).
<br />1.71 'Tenant Parties" means collectively, Tenant, its subtenants, assignees or other Transferees, and their respective contractors,
<br />clients, officers, directors, employees, agents, and invitees (each of which shall be a °Tenant Parry").
<br />1.72 'Tenant's Hazardous Materiels" means any Hazardous Materials that become present in, on, under or about the Project as a
<br />result of any act or onilssion of Tenant or any otier Tenant Party,
<br />1.73 'Tenant's Personal Property" means all of Tenant's (and the other Tenant Parties') office fumiture, business and personal trade
<br />Fixtures, machinery and equipment, furniture and Pomlmre systems, movable partitions, telecommunications equipment, data cabling and other items
<br />of personal property.
<br />1.74 'Term" means and shall refer to the initial Tenn as it may be extended pursuant to Schedule "1• I" of Exhibit " " attached hereto
<br />and/or pursuant to the written agreement of Landlord and Tenant.
<br />1.75 'Transfer" means and includes any of the following: (a) a sublease all or any pan of die Premises, (b) an assignment of the
<br />Lease, (c) any other agreement or arrangement: (I) that permits a third party (other than Tenant's employees and occasional guests) to occupy or use
<br />any portion of tie Premises or (IO otherwise assigns, transfers, mortgages, pledges, hypothecates, encumbers or permits a lien to attach to Tenant's
<br />interest tinder this Lease or (d) a direct or Indirect transfer, assignment, pledge, or hypothecation of a Controlling interest in Tenant.
<br />1.76 'Transfer Notice" means a written notice that: (a) identifies a proposed Transferee by its naive and address; (b) describes ilia
<br />applicable Proposed Transfer Space; (c) includes current financial statements of die proposed Tmnsreree certified by an officer, partner or owner
<br />thereof; (d) describes die nature of such Transferee's business and proposed use of the Proposed Tmnsler Space; (a) the proposed effective date of
<br />the proposed Transrer, and (f) nll of the principal terns ofthe proposed Transfer.
<br />1.77 "Transfer Profits" means, with respect to any particular month and any particular Transfer, on amount equal to: (a) all rent,
<br />additional rent or other consideration payable by or on behalf of such Transrame during or with respect to such month in connection with the Transfer
<br />minus (b) the sum ol? (i) the Base Rent and Additional Rent payable by Tenant under Sections 4.2 and 443 of this Lease during or with respect to the
<br />some month and (ii) oil out orpocket costs reasonably incunvd by Tenant It connection with such Transfer (such as brokerage commissions mid/or
<br />improvement allowances), amortized on a straight line basis over die temi of such Transfer.
<br />1.78 'Transferee" means any Person to whom a Transfer is made.
<br />1.79 "Unreserved Puking Pusses" means parking privileges to be used for parking on a first castle first served basis in the areas of
<br />the Parking Facilities designated by landlord therefor.
<br />1.80 `Work Letter" means [lie Tenant Wade Letter (if any) nuached hereto as Exhibit "C",
<br />Terms in Initial capitals that arc no[ defined in Article I shall have the meanings given to them elsewhere in this Lease.
<br />AI l'ICLIi 2—LEASE OF PRENIISFS• CON111 ION AREAS• PARK It ' SIGNS
<br />2,1 Lease of Prenises; Access: Ouiet Eniovme t.
<br />801 1FCiidc Center Dr —City ofS'anta,but Lertre ..I.
<br />
|