CENTER
9
10.
UTILITIES
10
11.
SECURITY DEPOSIT
10
11.1
RETAINING DEPOSIT
10
11.2
INITIAL DEPOSIT
10
11.3
TRANSFER OF DEPOSIT
10
11.4
INCREASES OF DEPOSIT
10
12.
REPAIRS AND ALTERATIONS
11
12.1
REPAIRS AND MAINTENANCE
11
12.2
ALTERATIONS
11
12.3
RESPONSIBILITY OF PAYMENT,
INSURANCE AND LIENS
12
13.
SIGNS
12
13.1
INTERIOR SIGNS
12
13.2
EXTERIOR
SIGNS
12
14.
INDEMNITY
12
14.1
LANDLORD INDEMNIFICATION
12
14.2
SUBROGATION
12
14.3
INSURANCE
12
14.4
INCREASES IN RATES OR PREMIUMS
13
14.5
LANDLORD'S
INSURANCE
13
14.6
ADDITIONAL INSURANCE
13
15.
DAMAGE AND DESTRUCTION
.13
Cuyamaca Bank/La Mesa Lease
Initial
Standard Shopping Center Lease
Initial
28731-6/1822140.2 [Word]
01/30/03
16.
EMINENT DOMAIN
14 17.
ASSIGNMENT AND SUBLETTING
15 18.
SUBORDINATION AND ATTORNMENT
16
18.1
SUBORDINATION
16
18.2
ATTORNMENT
16 19.
TENANT'S DEFAULTS
16 20.
BANKRUPTCY
17 21.
SALE OR TRANSFER OF DEMISED PREMISES
17 22.
LANDLORD'S
DEFAULT AND LIABILITY
17
22.1
LANDLORD'S DEFAULT
17
LANDLORDS LIABILITY
17 23.
HOLDING OVER
18 24.
SURRENDER OF PREMISES
18 25.
COVENANT OF QUIET ENJOYMENT
18 26.
NOTICES
18
26.1
MAILING PROCESS
18
26.2
NOTICE TO LENDER
18 27.
MARKETING FUND
19 28.
TENANT'S CERTIFICATE
19
28.1
REQUEST
OF NOTICE
19
28.2
TENANT DUTY TO DELIVER FINANCIAL INFORMATION
19 29.
RIGHT OF ACCESS
19
29.1
ENTRY
19
29.2
EASEMENT FOR PIPES
19 30.
DEVELOPMENT OF SHOPPING CENTER
19 31.
MISCELLANEOUS
20
31.1
NO WAIVERS
20
31.2
NO
RELATIONSHIP OTHER THAN LANDLORD AND TENANT
20
31.3
APPLICABLE
LAW
20
31.4
ATTORNEY'S FEES
20
31.5
DEFINITIONS
20
31.6
NO RECORDING
20
31.7
TITLES
20
31.8
SEVERABILITY
20
31.9
FORCE MAJEURE
20
31.10
LANDLORD'S RULES AND REGULATIONS
20
31.11
NO BROKER
21
31.12
INTEREST RATE
21
31.13
ATTORNEY IN FACT
21
31.14
SUBMISSION
21
31.15
ENTIRE AGREEMENT
21
31.16
EXECUTION
21
31.17
USE OF PREMISES FOR FILMING
21 32.
HAZARDOUS SUBSTANCES
21
32.1
REPORTABLE USES REQUIRE CONSENT
21
32.2
DUTY TO INFORM LANDLORD
22
32.3
INDEMNIFICATION
22 EXHIBIT "A"
24 EXHIBIT "B"
25 EXHIBIT "C"
CONSTRUCTION
26 EXHIBIT "D" LANDLORD SIGN CRITERIA RIDER
27 EXHIBIT "E"
LANDLORD'S RULES AND REGULATIONS
28 EXHIBIT "F" OPTION TO EXTEND RIDER
29
EXHIBIT "G" RENT ABATEMENT RIDER
30 EXHIBIT "H" ADDENDUM
31
Cuyamaca Bank/La Mesa Lease
Initial
Standard Shopping Center Lease
Initial
28731-6/1822140.2 [Word]
01/30/03
3. DEMISED PREMISES
3.1 DEMISED PREMISES: Landlord hereby leases to Tenant the Demised Premises
("Demised Premises"), together with the right to use all parking areas,
driveways, sidewalks, roads, alleys and means of ingress and egress, which are
part of and appurtenant to the Shopping Center ("Shopping Center"). The Demised
Premises, shown attached, together with and including the adjacent property
shown, on the plot plan attached hereto and made part hereof as Exhibit "A"
comprise the Shopping Center, which shall be located and have the configuration,
access and traffic patterns as shown on said Exhibit "A", and as more
particularly set forth on Exhibit "B" attached hereto and made a part hereof.
The Demised Premises shall be measured from the center of interior walls and
from the outside of