LEASE, INCLUDING, WITHOUT LIMITATION,
INDEMNITY OBLIGATIONS, PAYMENT OBLIGATIONS WITH RESPECT TO RENT AND OBLIGATIONS
CONCERNING THE CONDITION AND REPAIR OF THE PREMISES.
29.34
DEVELOPMENT OF THE PROJECT.
29.34.1
SUBDIVISION.
LANDLORD RESERVES THE RIGHT TO FURTHER
SUBDIVIDE ALL OR A PORTION OF THE PROJECT.
TENANT AGREES TO EXECUTE AND
DELIVER, UPON DEMAND BY LANDLORD AND IN THE FORM REQUESTED BY LANDLORD, ANY
ADDITIONAL DOCUMENTS NEEDED TO CONFORM THIS LEASE TO THE CIRCUMSTANCES RESULTING
FROM SUCH SUBDIVISION, WHICH SHALL BE LIMITED TO DESCRIPTION OF THE PROJECT
AND/OR BUILDING.
29.34.2
THE OTHER IMPROVEMENTS.
IF PORTIONS OF THE PROJECT OR
PROPERTY ADJACENT TO THE PROJECT (COLLECTIVELY, THE "OTHER IMPROVEMENTS") ARE
OWNED BY AN ENTITY OTHER THAN LANDLORD, LANDLORD, AT ITS OPTION, MAY ENTER INTO
AN AGREEMENT WITH THE OWNER OR OWNERS OF ANY OR ALL OF THE OTHER IMPROVEMENTS TO
PROVIDE (I) FOR RECIPROCAL RIGHTS OF ACCESS AND/OR USE OF THE PROJECT AND THE
OTHER IMPROVEMENTS, (II) FOR THE COMMON MANAGEMENT, OPERATION, MAINTENANCE,
IMPROVEMENT AND/OR REPAIR OF ALL OR ANY PORTION OF THE PROJECT AND THE OTHER
IMPROVEMENTS, (III) FOR THE ALLOCATION OF A PORTION OF THE DIRECT EXPENSES TO
THE OTHER IMPROVEMENTS AND THE OPERATING EXPENSES AND TAXES FOR THE OTHER
IMPROVEMENTS TO THE PROJECT, AND (IV) FOR THE USE OR IMPROVEMENT OF THE OTHER
IMPROVEMENTS AND/OR THE PROJECT IN CONNECTION WITH THE IMPROVEMENT,
CONSTRUCTION, AND/OR EXCAVATION OF THE OTHER IMPROVEMENTS AND/OR THE PROJECT;
PROVIDED THAT NONE OF THE FOREGOING MATERIALLY ADVERSELY INTERFERE WITH TENANT'S
RIGHTS, OR INCREASE TENANT'S FINANCIAL OBLIGATIONS, UNDER THIS LEASE.
NOTHING
CONTAINED HEREIN SHALL BE DEEMED OR CONSTRUED TO LIMIT OR OTHERWISE AFFECT
LANDLORD'S RIGHT TO CONVEY ALL OR ANY PORTION OF THE PROJECT OR ANY OTHER OF
LANDLORD'S RIGHTS DESCRIBED IN THIS LEASE.
29.34.3
CONSTRUCTION OF PROJECT AND OTHER IMPROVEMENTS.
TENANT
ACKNOWLEDGES THAT PORTIONS OF THE PROJECT AND/OR THE OTHER IMPROVEMENTS MAY BE
UNDER CONSTRUCTION FOLLOWING TENANT'S OCCUPANCY OF THE PREMISES, AND THAT SUCH
CONSTRUCTION MAY RESULT IN LEVELS OF NOISE, DUST, OBSTRUCTION OF ACCESS, ETC.
WHICH ARE IN EXCESS OF THAT PRESENT IN A FULLY CONSTRUCTED PROJECT.
LANDLORD
SHALL USE ITS COMMERCIALLY REASONABLE EFFORTS TO MINIMIZE THE DISRUPTION TO
TENANT AND TENANT'S BUSINESS FROM SUCH CONSTRUCTION AND IN NO EVENT SHALL
LANDLORD BE ENTITLED TO USE TENANT'S PARKING AREAS FOR CONSTRUCTION STAGING,
STORAGE OF EQUIPMENT OR OTHER CONSTRUCTION RELATED ACTIVITIES WITHOUT TENANT'S
APPROVAL, WHICH MAY BE GRANTED OR WITHHELD IN
68
TENANT'S SOLE DISCRETION.
TENANT HEREBY WAIVES ANY AND ALL RENT OFFSETS OR
CLAIMS OF CONSTRUCTIVE EVICTION WHICH MAY ARISE IN CONNECTION WITH SUCH
CONSTRUCTION.
29.34.4
TENANT'S LEASE OF THE ENTIRE PROJECT.
TO THE EXTENT THAT
TENANT LEASES ALL OF THE 10421 BUILDING AND THE 10445 BUILDING, THE TERMS OF
THIS SECTION 29.34 SHALL NOT APPLY.
29.35
CENTRAL PLANT AREA.
TENANT HAS CONSTRUCTED THAT
CERTAIN "CENTRAL PLANT AREA" PURSUANT TO THE TERMS OF THE ORIGINAL LEASE.
TENANT SHALL CONTINUE TO MAINTAIN SUCH CENTRAL PLANT AREA, AT TENANT'S SOLE COST
AND EXPENSE.
TENANT SHALL REMOVE SUCH CENTRAL PLANT AREA UPON THE EXPIRATION OR
EARLIER TERMINATION OF THIS