LANDLORD NOR ANY AGENT
OF LANDLORD HAS MADE ANY REPRESENTATION OR WARRANTY REGARDING THE CONDITION OF
THE PREMISES, THE BUILDING OR THE PROJECT OR WITH RESPECT TO THE SUITABILITY OF
ANY OF THE FOREGOING FOR THE CONDUCT OF TENANT'S BUSINESS, EXCEPT AS
SPECIFICALLY SET FORTH IN THIS LEASE AND THE TENANT WORK LETTER.
1.1.2
THE BUILDING AND THE PROJECT.
THE PREMISES
INITIALLY CONSTITUTES ALL OF THE BUILDING SET FORTH IN SECTION 2.1 OF THE
SUMMARY (THE "BUILDING").
THE BUILDING IS PART OF A PROJECT KNOWN AS "PACIFIC
CORPORATE CENTER."
THE TERM "PROJECT," AS USED IN THIS LEASE, SHALL MEAN
(I) THE BUILDING AND THE COMMON AREAS, (II) THE LAND (WHICH IS IMPROVED WITH
LANDSCAPING, PARKING FACILITIES AND OTHER IMPROVEMENTS) UPON WHICH THE BUILDING
AND THE COMMON AREAS ARE LOCATED, AND (III) THE 10445 BUILDING LOCATED
IMMEDIATELY ADJACENT TO THE BUILDING AND THE LAND UPON WHICH SUCH 10445 BUILDING
IS LOCATED.
1.1.3
COMMON AREAS.
TENANT SHALL HAVE THE NON-EXCLUSIVE
RIGHT TO USE IN COMMON WITH OTHER TENANTS IN THE PROJECT, AND SUBJECT TO THE
RULES AND REGULATIONS REFERRED TO IN ARTICLE 5 OF THIS LEASE, THOSE PORTIONS OF
THE PROJECT WHICH ARE PROVIDED, FROM TIME TO TIME, FOR USE IN COMMON BY
LANDLORD, TENANT AND ANY OTHER TENANTS OF THE PROJECT (SUCH AREAS, TOGETHER WITH
SUCH OTHER PORTIONS OF THE PROJECT DESIGNATED BY LANDLORD, IN ITS DISCRETION,
INCLUDING CERTAIN AREAS DESIGNATED FOR THE EXCLUSIVE USE OF CERTAIN TENANTS, OR
TO BE SHARED BY LANDLORD AND CERTAIN TENANTS, ARE COLLECTIVELY REFERRED TO
HEREIN AS THE "COMMON AREAS").
THE MANNER IN WHICH THE COMMON AREAS ARE
MAINTAINED AND OPERATED SHALL BE AT THE REASONABLE DISCRETION OF LANDLORD AND
THE USE THEREOF SHALL BE SUBJECT TO SUCH RULES, REGULATIONS AND RESTRICTIONS AS
LANDLORD MAY MAKE FROM TIME TO TIME AS PROVIDED IN SECTION 5.2 OF THIS LEASE,
PROVIDED THAT LANDLORD SHALL AT ALL TIMES MAINTAIN AND OPERATE THE COMMON AREAS
IN A FIRST-CLASS MANNER CONSISTENT WITH THE "COMPARABLE BUILDINGS," AS SUCH TERM
IS DEFINED IN SECTION 2.2.2 OF THIS LEASE.
LANDLORD RESERVES THE RIGHT TO CLOSE
TEMPORARILY, MAKE ALTERATIONS OR ADDITIONS TO, OR CHANGE THE LOCATION OF
ELEMENTS OF THE PROJECT AND THE COMMON AREAS AS LONG AS SUCH CHANGES DO NOT
(I) CHANGE THE NATURE OF THE PROJECT TO SOMETHING OTHER THAN A FIRST-CLASS
PROJECT (II) MATERIALLY, ADVERSELY EFFECT TENANT'S USE OF THE PREMISES FOR THE
PERMITTED USE, AS GRANTED UNDER SECTION 7 OF THE SUMMARY, (III) MATERIALLY,
ADVERSELY REDUCE TENANT'S INGRESS TO OR EGRESS FROM THE PROJECT, BUILDING, THE
PREMISES OR THE PARKING AREAS SERVICING THE SAME, OR (IV) MATERIALLY REDUCE THE
PARKING AREA AVAILABLE FOR USE BY TENANT.
EXCEPT WHEN AND WHERE TENANT'S RIGHT
OF ACCESS IS SPECIFICALLY EXCLUDED AS A RESULT OF (X) AN EMERGENCY, (Y) A
REQUIREMENT BY LAW, OR (Z) A SPECIFIC PROVISION SET FORTH IN THIS LEASE, TENANT
SHALL HAVE THE RIGHT OF ACCESS TO THE PREMISES, THE BUILDING, AND THE PROJECT
PARKING FACILITY TWENTY-FOUR (24) HOURS PER DAY, SEVEN (7) DAYS PER WEEK DURING
THE "LEASE