|
(if) Notwithstanding the foregoing, each calendar month during the Term, Landlord shall provide to
<br />Tenant, without charge: (A) a number of Short'rerm Project Parking Validutlons (defined 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 Lang Teri Project Parking Validations (defined below) equal to the product
<br />of sixty (60) and die number of days in such calendar month (during the 'rem), in each case to be used only by Tenant's Business Customers for
<br />parking in die Parking Facilities without charge; provided that Landlord shall have the right to reasonably 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 of the third
<br />(3rd) full calendar month of the Initial Term, and thereafter, upon expiration oreach subsequent three (3) calendar month period; provided further
<br />that: (x) Landlord shall not, at any time during the Term, be required under this Section 2.3.2(60i) to provide a number or Project Parking
<br />Validations in any calendar month in excess of a number equal to the product of eighty (80) and Ilia number of days in such calendar month (during
<br />the Tenn) and (y) any Project ParkingValidations provided by Landlord with respect to any particular calendar month that are not used during such
<br />calendar month shall, at die election of Landlord, either. (1) become null and void (and be returned to Landlord) or (2) be credited against
<br />Landlord's obligations to provide Project Parking Validations under this Section 2.3.2(c)(0) for subsequent calendar months. No Project Parking
<br />Validations provided by Landlord to Tenant under this Section 2.3.2(c)(H) shall be used to accommodate parking, without charge, by any particular
<br />Tenant's Business Customer(s), for a period in excess of three (3) hours on any day without Landlord's prior approval (and Tenant shall not provide
<br />any particular Tenant's Business Customer more than one Project Parking Validation on any particular day). "Short Term Project Parking
<br />Validations" means Project Parking Validations permitting Persons using such Project Parking Validations to park in the Parking Facilities for up to
<br />thirty (30) minutes without charge. "Long Term Project Parking Validations" means Project Parking Validations permitting Persons using such
<br />Project Parking Validations to park in the Parking Facilities for up to three (3) hours without charge.
<br />2.4 Slang.
<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 on the roof, exterior
<br />areas or Common Areas of the Building or the Project or In any area of the Building, Premises or Project which is visible from the exterior of the
<br />Building or outside of the Premises or (b) place or install (or allow or permit to be placed or installed by any Tenant Party) in or about any portion of
<br />the Premises any window covering (even if behind Building standard window coverings) or any other material visible from outside of the Premises or
<br />from the exterior of the Building. Tenant shall not, without the prior written consent of Landlord, use the 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 Laws and such Building signage criteria as Landlord shall apply from time to
<br />time, and subject to receipt of Landlord's prior written consent: (a) in the case where Tenant occupies an entire floor in the Building, Tenant may
<br />place In any portion of such poor which is not visible font the exterior or the 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 of the multi -tenant corridor on such floor as is called for by Landlord's signage program (as tie saute may exist from time to time)
<br />identification signage or the type prescribed by Landlord's signage program identifying Tenant; (a) Landlord shall provide customary signage in tie
<br />Building directory (if any) in the ground floor lobby of [the Building (Landlord shall bear the initial cost of such directory signage and the cost of
<br />updated any such directory signage no more than one in any month); and (d) Tcnant may place in any portion of the inside orthe Premises not visible
<br />from the exterior of the Building or from outside of the Premises such identification signage as Tenant shall desire. All signage described in this
<br />SSwIlon 2.42 (other than the directory signage described In clause (c) above) shall be treated as Tenant's personal property under the provisions of
<br />Section 10.5 with respect to Tenant's obligation at the expiration orearly termination of this Lease.
<br />2.4.3 Eyebrmv Sian. In connection with Tenant's lease of the Premises, subject to all of the terns and conditions of xhibtt
<br />"M attached hereto, during the Term, Tenant shall have die right to install and display at the Project the Eyebrow Sign (defined in Exhibit "K",
<br />attached hereto) in the location described in Exhibit "K" attached hereto.
<br />ARTICLF, 3— DELIVERY: COMMENCEMENT; TERM SURRENDER: HOLDING OVER
<br />3.1 Delivery. Landlord shall endeavor to tender to Tenant delivery or possession of the Premises in the Delivery Condition prior to
<br />die Target Delivery Dale; provided, tint it the Delivery Date does not occur on or before the Target Delivery Date, this Lease shall not be void or
<br />voidable, the Tenn of this Lease shall not be extended, and Landlo l 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 or die Premises in the Delivery
<br />Condition as soon as reasonably possibly oiler the Target Delivery Date.
<br />3.2 Commencement: Term.
<br />3.2.1 The Terns shall commence on the Commencement Date as defined in Item 3.2 of the Basic Lease Provisions, and shall
<br />continue through the period specified in Item 3 orthe Basic Lease Provisions unless terminated earlier in accordance with the provisions hereof or
<br />extended pursuant to the written agreement of Landlord and Tenant or as provided in Section 3.2.2 below, provided, however. that if the
<br />Commencement Date shall occur on a day other than the first day of any calendar month, for purposes of calculating 01e Expiration Date and the
<br />timing of all scheduled increases in Base Rent during the Initial Tenn (but not lbr any other purpose), the Commencement Date shall be deemed to be
<br />the first day orthe calendar month following the Commencement Date. At any time during tie Lease Term, landlord mny deliver to Tenant u notice
<br />in the form as set in Exhibit '• "attnchcd hereto, which Tenant shall execute and return to Landlord within five (5) business days o rteceipt thereor.
<br />3.2.2 Extension Option. 'renmu shall have two (2) options to extend the Tenn, each (bran Extension Tenn (defined below)
<br />of silty (60) months (five (5) years) subject to and in accordance with the terms and conditions orscheduie "i.I,, or Exhibit'T , attached hereto.
<br />3.3 Surrender^ Iloldina over.
<br />3.3.1 Except as provided in this Section 3.3 and in Section I below, upon expiration or earlier termination or this Lease.
<br />Tenunt shall vacate rand surrender the Premises to Landlord in the same condition as when received at the inception ol'Lhis lease and ns thereafter
<br />101 IPCIrie Center Dr —CIO, a/SaiatrAan Lease .o_
<br />
|