THIS LEASE SHALL
INCLUDE, WITHOUT LIMITATION, USE OF THE PREMISES OR A PORTION THEREOF FOR
(I) OFFICES OF ANY AGENCY OR BUREAU OF THE UNITED STATES OR ANY STATE OR
POLITICAL SUBDIVISION THEREOF; (II) OFFICES OR AGENCIES OF ANY FOREIGN
GOVERNMENTAL OR POLITICAL SUBDIVISION THEREOF; (III) OFFICES OF ANY HEALTH CARE
PROFESSIONALS OR SERVICE ORGANIZATION WHEN USED FOR ANY PURPOSE OTHER THAN
GENERAL OFFICE OR ADMINISTRATIVE USE (E.G., WHEN USED FOR THE TREATMENT OF
PATIENTS, AS A HOSPITAL OR OTHER CARE FACILITY OR EMERGENCY ROOM, ETC.);
(IV) SCHOOLS OR OTHER TRAINING FACILITIES WHICH ARE NOT ANCILLARY TO CORPORATE,
EXECUTIVE OR PROFESSIONAL OFFICE USE; (V) RETAIL OR RESTAURANT USES; OR
(VI) COMMUNICATIONS FIRMS SUCH AS RADIO AND/OR TELEVISION STATIONS.
TENANT
SHALL NOT ALLOW OCCUPANCY DENSITY OF USE OF THE PREMISES WHICH IS MATERIALLY
GREATER THAN THE AVERAGE DENSITY OF THE OTHER TENANTS OF THE BUILDING AND
COMPARABLE BUILDINGS USING THEIR PREMISES UNDER LEASE FOR USES COMPARABLE TO THE
PERMITTED USE; PROVIDED, HOWEVER, LANDLORD HEREBY ACKNOWLEDGES THAT IT HAS
REVIEWED THOSE CERTAIN SPACE PLANS PREPARED BY SHLEMMER ALGAZE & ASSOCIATES
DATED APRIL 2, 2008, REFERENCING PROJECT NO. 20.70.6276, CONSISTING OF TWO
(2) SHEETS, ONE ENTITLED SPACE PLAN, SHEET NO.: H FOR THE 5TH FLOOR, AND ONE
ENTITLED SPACE PLAN, SHEET NO.: H FOR SUITE 620 (COLLECTIVELY, THE "FINAL SPACE
PLAN") SUBMITTED BY TENANT TO LANDLORD ON APRIL 9, 2008, AND LANDLORD AGREES
THAT THE ANTICIPATED OCCUPANCY DENSITY OF USE OF THE PREMISES AS DEPICTED IN
SUCH SPACE PLAN IS HEREBY DEEMED TO NOT BE IN VIOLATION OF THE OCCUPANCY DENSITY
REQUIREMENT SET FORTH IN THIS SENTENCE; PROVIDED, FURTHER, HOWEVER, LANDLORD'S
REVIEW OF SUCH SPACE PLAN SHALL NOT IMPLY THAT LANDLORD HAS REVIEWED THE SAME
FOR QUALITY, DESIGN, CODE COMPLIANCE OR OTHER LIKE MATTERS AND SHALL NOT RELIEVE
TENANT OF ANY OF TENANT'S OBLIGATIONS WITH RESPECT TO THE DELIVERY OF ANY SPACE
PLANS, CONSTRUCTION DOCUMENTS OR DRAWINGS OR OTHER SIMILAR DOCUMENTS AS SET
FORTH IN THE WORK LETTER.
TENANT FURTHER COVENANTS AND AGREES THAT TENANT SHALL
NOT USE, OR SUFFER OR PERMIT ANY PERSON OR PERSONS TO USE, THE PREMISES OR ANY
PART THEREOF FOR ANY USE OR PURPOSE CONTRARY TO THE PROVISIONS OF THE RULES AND
REGULATIONS SET FORTH IN EXHIBIT D, ATTACHED HERETO, OR IN VIOLATION OF THE LAWS
OF THE UNITED STATES OF AMERICA, THE STATE OF CALIFORNIA, OR THE ORDINANCES,
REGULATIONS OR REQUIREMENTS OF THE LOCAL MUNICIPAL OR COUNTY GOVERNING BODY OR
OTHER LAWFUL AUTHORITIES HAVING JURISDICTION OVER THE PROJECT) INCLUDING,
WITHOUT LIMITATION, ANY SUCH LAWS, ORDINANCES, REGULATIONS OR REQUIREMENTS
RELATING TO HAZARDOUS MATERIALS OR SUBSTANCES, AS THOSE TERMS ARE DEFINED BY
APPLICABLE LAWS NOW OR HEREAFTER IN EFFECT.
TENANT SHALL NOT DO OR PERMIT
ANYTHING TO BE DONE IN OR ABOUT THE PREMISES WHICH WILL IN ANY WAY DAMAGE THE
REPUTATION OF THE PROJECT OR UNREASONABLY OBSTRUCT OR INTERFERE WITH THE RIGHTS
OF OTHER TENANTS OR OCCUPANTS OF THE BUILDING, OR INJURE OR ANNOY THEM OR USE OR
ALLOW THE PREMISES TO BE USED FOR ANY IMPROPER, UNLAWFUL