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~ r <br /> 4 <br /> landscaped areas w <br /> 2.8 Common Areas - Lessee's Rights,jgLessor grants to Lessee, for the benefit of Lessee and its employees, suppliers, shippers, <br /> contractors, customers and invitees, durfng the term of'this Lease, the non-exclusive right to use, in common with others entitled to such use, the <br /> Common Areas as they exist from time to time, subject'to any rights, powers, and privileges reserved by Lessor under the terms hereof or under the <br /> terms of any rules and regulations or restrictions governing the use of the Project. Under no circumstances shall the right herein granted to use the <br /> Common Areas be deemed to include the right to store'any property, temporarily or perrnanenlly. in the Cornmon Areas_ Any such storage shall be <br /> permitted only by the prior written consent of Lessor or Lessor's designated agent, which consent may be revoked at any time. In the event that any <br /> s• <br /> unauthorized storage shall occur then Lessor shall have the right, without notice, in addition to such other rights and remedies that it may have. to <br /> remove the property and charge the cost to Lessee.which cost shall be immediately payable upon demand by Lessor. <br /> 2.9 Common Areas • Rules and Regulations. Lessor or such other person(s)as Lessor may appoint shall have the exclusive control <br /> and management of the Common Areas and shall have right, from time to time, to establish, modify, amend and enforce reasonable rules and <br /> regulations ("Rules and Regulations") for the management, safety, care, and cleanliness of the grounds, the parking and unloading of vehicles and <br /> the preservation of good order, as well as for the convenience of other occupants or tenants of the Building and the Project and their invitees. Lessee <br /> agrees to abide by and conform to all such Rules and Regulations,and shall use its best efforts to cause its employees,suppliers,shippers. customers. <br /> contractors and invitees to so abide and conform. Lessorwshall not be responsible to Lessee for the non-compliance with said Rules and Regulations by <br /> other tenants of the Project. <br /> 2.16 Common Areas-Changes. Lessorishall have the right,in Lessor's sole discretion,from time to time: <br /> (a) To make changes to the Gammon Areas,including,without limitation, changes in the Location.size.shape and number of <br /> driveways,entrances.parking spaces,parking areas, loading and unloading areas,ingress.egress,direction of traffic, landscaped.areas.walkways and <br /> utility raceways: <br /> (b) To close temporarily any of the Common Areas for maintenance purposes so long as reasonable access to the Premises <br /> remains available; t <br /> (c) To designate other land outside the boundaries of the Project to be a part of the Common Areas; <br /> ,r <br /> (d) To add additional buildings and improvements to the Common Areas; <br /> (e) To use the Common Areas+while engaged in making additional improvements,repairs or alterations to the Project. or any <br /> portion[hereof;and <br /> {f) To do and perform such other acts and make such other changes in. to or with respect to the Common Areas and Project <br /> as Lessor may.in the exercise of sound business judgment.deem to he appropriate. <br /> 3. Term. # <br /> 1; <br /> 3,1 Term. The Commencement Date, Expiration Date and Original Term of this Lease are as specified in Paragraph 1.3. <br /> 3.2 Early Possession. Any provision herein granting Lessee Early Possession of the Premises is subject to and conditioned upon the <br /> Premises being available for such possession prior to the Commencement Date. Any grant of Early Possession only conveys a non-exclusive right to <br /> tl1 <br /> occupy the Premises. If Lessee totally or partially occupies the Premises prior to the Commencement Date, the obligation to pay Base Rent shall he <br /> abated for the period of such Early Possession. All other terms of this Lease (including but not limited to the obligations to pay Lessee's Share of <br /> Common Area Operating Expenses, Real Property Taxes and insurance premiums and [o maintain the Premises)shall be in effect during such period. <br /> Any such Early Possession shall not affect the Expiration Elate. <br /> 3.3 Delay In Possession. Lessor agrees to use its best commercially reasonable efforts to deliver possession of the Premises to <br /> Lessee by the Commencement Date. If, despite said efforts, Lessor is unable to deliver possession by such dale, Lessor shall not be subject to any <br /> liability therefor,nor shall such failure affect the validity of this Lease or change the Expiration Date. Lessee shall not,however,be obligated to pay Rent <br /> a <br /> or perform its other obligations until Lessor delivers possession of the Premises and any period of rent abatement that Lessee would otherwise have <br /> enjoyed shall run from the date of delivery of possession and continue for a period equal to what Lessee would otherwise have enjoyed under the terms <br /> hereof,but minus any days of delay caused by the acts or omissions of Lessee. If possession is not delivered within 66 days after the Commencement <br /> Date, as the same may be extended under the terms of any Work Letter executed by Parties. Lessee may, at its option, by notice in writing within 10 <br /> days after the end of such 66 day period, cancel this Lease, in which event the Parties shall be discharged from all obligations hereunder. if such <br /> written notice is not received by Lessor within said 10 day period. Lessee's right to cancel shall terminate. If possession of the Premises is not <br /> delivered within 120 days after the Commencement Date,@this Lease shall terminate unless other agreements are reached between Lessor and Lessee, <br /> in writing. <br /> 3A Lessee Compliance. Lessor shall riot be required to tender possession of the Premises to Lessee until Lessee complies with its <br /> obligation to provide evidence of insurance (Paragraph 8.5). Pending delivery of such evidence, Lessee shall be required to perform all of its <br /> obligations under this Lease from and after the Start Date, including the payment of Rent, notwithstanding Lessor's election to withhold possession <br /> .r <br /> pending receipt of such evidence of insurance. Further. if Lessee is required to perform any other conditions prior to or concurrent with the Start Date. <br /> the Start Date shall occur but Lessor may elect to withhold possession until such conditions are satisfied. <br /> 4, Rent. <br /> it <br /> \ 4.1 Rent Defined. All monetary obligations of Lessee to Lessor under the terms of this tease (except for the Security Deposit) are <br /> PAGE 4 OF 23 <br /> INi <br /> INITIALS <br /> ©1999-AIR COMMERCIAL REAL ESTATE ASSOCIATION FORM MTN-14-2113E <br />