~ 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 />
|