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Project, restrict access to portions or the Protect, including portions of the Common Areas, or perform work in the Building and/or the P%ject.
<br />Tenant hereby agrees that such Construction Wel l< and Landlord's actions in connection with such Construction Work shall in tie way constitute a
<br />constructive eviction of Tenant nor entitle Tenant to any abatement or Rent. Landlord shall have no responsibility or liability to Tenant for any
<br />injury to or interference with Tenant's business arising from any such Construction Work, turd Tenant shall not be entitled to any damages from
<br />Landlord For loss of use of the Premises, in whole or in part, or for loss of Tenant's personal property or improvements, resulting from the
<br />Construction 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 Rights Reserved by Landlord. Landlord reserves the following rights exercisable without notice (except as
<br />otherwise expressly provided to the contrary in this Leese) and without being, deemed an eviction or disturbance ol'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 tion the exterior of the Premises and,
<br />notwithstanding the provisions of Article 10 the design, arrangement, style, color and general appearance OFthe portion orthe Premises visible from
<br />the exterior, and contents thereof, including, without limitation, furniture, fixtures, signs, art work, wall coverings, carpet and decorations, and all
<br />changes, additions and removals thereto, shall, at all times have the appearance of premises having the same type of exposure slid used for
<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; (c) to change the arrangement of entrances, doors, corridors, elevators and/or stairs in the Building and/or file Project, provided no
<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 the purposes
<br />permitted under 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; (1) to prohibit the placement of video or other electronic games in the Remises; (g) to have access lbs. Landlord and other
<br />tenants of the Building to any mail chutes and boxes located in or on file Premises according to the rules of the United States Post Office and to
<br />discontinue any mail chute business in tie Building and/or the Project; (h) subject to Tenant's rights OF access under Section 2.1.3, to close the
<br />Building after normal business hours, except that Tenant mid its employees and invitees shall be entitled to admission at all times under such rules
<br />and regulations as Landlord prescribes for security purposes; (t) to install, operate and maintain surveillance systems which monitor, by closed circuit
<br />television or otherwise, all persons entering or leaving the Building and/or the Project; (j) to install and maintain pipes, ducts, conduits, wires and
<br />shuctural elements located in die Premises which serve other parts or other tenants of the Building and/or the Project; (k) to retain at all times master
<br />keys or pass keys to the Premises; (1) to modify, change, add to or delete the design, configuration, layout, size, ingress, egress, meas, method of
<br />operation, and other characteristics of or relating to the Parking Facilites at any time, and/or to provide for nonuse, 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 (a) 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 governmental or quasi -governmental authority or public utility relating to: (i) the use or conservation of energy, water,
<br />gas, light or electricity, reduction of automobile or other emissions, or the provision of any other utility or service andlor (ii) tie reduction and/or
<br />management of traffic, transportation or parking in or around the Project.
<br />17.4 Light and All. No diminution or shutting off of any light, air or view by any structure now or hereafter erected shall in any
<br />manner affect this Lease or the obligations of Tenant hereunder or increase any of the obligations of Landlord hereunder.
<br />17,5 Force Malenre. Landlord shall incur no liability to Tenant with respect to, and shall not be responsible for any finilure to
<br />perform any of Landlord's obligations hereunder if such failure is caused by any reason beyond the control of Landlord, including, but not limited le,
<br />strike, labor trouble, governmental rude, regulations, ordinance, statute or interpretation, or by tire, earthquake, civil commotion, or failure or
<br />disruption of utility services (a 'Force Majeure Event"). The amount of lime for Landlord to perform any of Landlord's obligations shall be
<br />extended by Lhe 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 Afforn"s' Fees; Covcrnine Law; No Counte•chiW Choice orLaws; Waiver orJnr, Trial.
<br />17.6.1 Aturnevs' lees. Ifeither Landlord or Tenant shall commence any action or other proceeding against the other arising
<br />out of, or relating to, this Lease or the Premises, the 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 irrespective or any court
<br />schedule of rensonable attorneys' fees. In nddi[iun, Tenant shall reimburse Lnndlorl, upon demand, For all reasonable a ionteys' lees incurred in
<br />collecting Rent or otherwise seeking enforcement against Tenant, its sublessees and assigns, of Tenant's obligations under this Lease.
<br />17.6 .2 Covcrnine Law. This Lease shall be governed by, and construed in accordance with, the laws of the state of
<br />Cnlifoniia (without regard to its conflict of laws principles).
<br />17.6.3 Choice of .Jurisdiction. Tenant hereby submits to local jurisdiction in the State of California and agrees that any
<br />netien by Tenant against Landlord shall be instituted in [he State of California and flint Landlord shall have personal,jurrisdiction over'fennnt for any
<br />action brought by Landlord against Tenant in the Slate orCulil'onlia.
<br />17.6.4 Waiver of Trial by Jury. TO THE FULLEST EXTENT PERMITTED BY LAW, LANDLORD AND 'I ENANT
<br />F:AC H EXPRESSLY WAIVE TIIEIR RIGHT TO TRIAL BY JURY IN ANY TRIAL I IELD AS A RESULT OF A CLAIM ARISING OUT OF OR
<br />IN CONNECTION wI'rl-I THIS LEASE IN WHICH LANDLORD AND TENANT ARE. ADVERSE PARTIFS, l' E PILING OF A C'ROSS-
<br />COibIPLAIN'T BY ONE AGAINST" ills OTHER IS SUPPlC1ENTT0 MAKE THE PARTIES "ADVERSE'
<br />17.7 OF AC Compliance. "tenant represents; warrants and covenants to L mdlord: (aQ that neither the'fenant nor uny person or entity
<br />Ihut directly owns a 10% or Breuer equity interest in it 1101 - trey of ItS officers, directors or managing memhers is a peson or minty with whom U.S.
<br />Nlll YV C'irie C'eruer Dr—CipgJ',Smrrn, I nn Lenzc -I6-
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