|
(t i) Notwithstanding the foregoing, each calendar month during the Term, Landlord shall provide to
<br />Tenant, without charge: (A) a number of Short Term Project Parking Validations (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 of Long Term Project Parking Validations (defined below) equal to the product
<br />of sixty (60) and the number of days in such calendar month (during the '['arm), in each case to be used only by Tenant's Business Customers for
<br />parking in the 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 ofexpiralion of the third
<br />(3`d) Full calendar month of the Initial Term, and thereafter, upon expiration of each subsequent three (3) calendar month period; provided further
<br />that: (x) Landlord shall not, at any time during the 'Perm. be required under this Section 212(060 to provide a number of Projeat Parking
<br />Validations in any calendar month in excess of a number equal to the product of eighty (80) and the number of days In such calendar month (during
<br />the Tenn) mid (y) any Project Parking Validations provided by Landlord with respect to any particular calendar month that ore not used during such
<br />calendar month shall, at the election of Landlord, either: (I) 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 2.3.2fe1(ii) 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 Terra ]'reject Parleing 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 Sims.
<br />2.4,1 Except to the extent expressly provided in this Section 2.4, Tenant shall not: (a) place m• Install (a' 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 Reject which is visible from the exterior of the
<br />Building or outside of the Remises or (b) place or install (or allow or pernift to be placed or installed by any Tenant Party) in or about any portion of
<br />the Remises any window covering (even if behind Building standard window coverings) or any other material visible from outside of the Premises or
<br />firom 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 floor which is not visible from the exterior of the Building such identification signage as Tenant shall desire and (b) in
<br />the case where Tenant occupies less then an entire floor in the Building, Tenant may require Landlord to install, at Lundlord's sole cost and expense,
<br />In such portion of the multi -tenant corridor on such four as is called for by Landlord's signage program (as the same may exist front, Litre to time)
<br />identification signage of the type prescribed by Landlord's signage program identifying Tenant; of Landlord shall provide customary signage in the
<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 Sty month); mid (d)'renant may place in any portion of the inside of the Premises not visible
<br />Brom the exterior of the Building or from outside of the Premises such identification signage as Tenant shall desire. All signage described in this
<br />Section 2.4.2 (other titan the directorysignage described in clause (c) above) shall be heated as Tenant's personal property underthe previsions of
<br />section 10.5 with respect to Tenant's obligation at the expiation orcm•ly termination of this Lease.
<br />2.4.3 Eyebrow Sian, hl connection with Tenant's lease of the Remises, subject to all of the terns and conditions of Exhibit
<br />"K, attached hereto, during the Tern, Tenant shall have die right to install and display at the Project the Eyebrow Sign (defined in Exhibit "If',
<br />attached hereto) in the location described in Exhibit ' K", attached hereto.
<br />ARTICLE 3— DELIVERY; COMMENCEN)ENT• TERN; SURRENDER; 4107 DING OVFR
<br />3.1 Delivery. Landlord shall endeavor to tender to Tenant delivery of possession of the Premises in the Delivery Condition prior to
<br />the Target Delivery Date; provided, [lint if the Delivery Date does not occur on or before the Target Delivery Date, this Lease shall not be void ur
<br />voidable, [he Term of this 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 conunerdelly reasonable eflurts to tender to Tenant delivery of possession of the Prenilses in the Delivery
<br />Condition as soon as reasonably possibly alter the Target Delivery Date.
<br />3,2 Com nrencement: Term.
<br />3.2.1 The Ternr shall continence on the Commencement Date as defined in Item 3.2 of the Basic Lease Provisions, and shall
<br />continue through the period specified in flora 3.3 of the Basic Lease Provisions unless terminated Burlier in accordance with the provisions hereof or
<br />extended pursuant to die written agreement of Landlord and 'Tenant or es provident in Section 3.2.2 below, provided, however, that if the
<br />Conuuenconent Date shall occur on a day other than the first day orany calendar mouth, for purposes ormsGulming the Expiration Data and the
<br />timing of all scheduled increases to Base Rent during tine Initial 'rural (but nut firmly other• pmpnse), the Commencement Date shall be deemed to be
<br />the first day ofthe calendar month fullowhng the Commencement Due, At any time during the Leasc Term, Landlord nn y deliver to Tenant a nuticc
<br />in the I'urm as set in Exhibit" 13" Stnched hereto, which Tenant shall execute and return to Landlord within five (5) business [lays of receipt thereof.
<br />3.2.2 Extension O [ton. Tenant shall have two (2) options to extend the Term, each for an Extension Ternr (dc(ined below)
<br />ol'sisty (60) months (five (5) years) subject to and in acandnnce with the teinns and conditions of Schedule '?-I"of Exhibit "J", attached hereto.
<br />3.3 Surrender: Iloldiae Over.
<br />3.3.1 hxcepl as provided in this section 3.3 and in Section 7.3 below, upon oxpiralion or earlier termination of this Lease.
<br />'reuuut shall vacate and surrender [he Premises to Landlord in [he smile condition as when received at the inception or this Lease and as theroofter
<br />50111'Chle Cenwi-Or- Cill'vfSnnrrAnn Leave 41-
<br />
|