13500 EVENING
CREEK DRIVE NORTH (RESPECTIVELY, THE "13480 BUILDING" AND "13500 BUILDING"),
WHICH ARE LOCATED ADJACENT TO THE BUILDING AND THE LAND UPON WHICH SUCH ADJACENT
OFFICE BUILDING IS LOCATED, AND (IV) THE ADJACENT LAND (COMMONLY KNOWN AS PHASE
II) AND ANY BUILDINGS OR OTHER IMPROVEMENTS SUBSEQUENTLY ADDED THEREON.
5
*** Confidential portions of this document have been redacted and filed
separately with the Commission.
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 COMMON AREAS SHALL CONSIST OF THE "PROJECT
COMMON AREAS" AND THE "BUILDING COMMON AREAS."
THE TERM "PROJECT COMMON AREAS,"
AS USED IN THIS LEASE, SHALL MEAN THE PORTION OF THE PROJECT REASONABLY
DESIGNATED AS SUCH BY LANDLORD.
THE TERM "BUILDING COMMON AREAS," AS USED IN
THIS LEASE, SHALL MEAN THE PORTIONS OF THE COMMON AREAS LOCATED WITHIN THE
BUILDING REASONABLY DESIGNATED AS SUCH BY LANDLORD.
THE COMMON AREAS SHALL BE
MAINTAINED AND OPERATED IN A MANNER CONSISTENT WITH THE "COMPARABLE BUILDINGS"
AS THAT TERM IS SET FORTH IN SECTION 4 OF EXHIBIT G, ATTACHED TO THIS LEASE.
NOTWITHSTANDING ANYTHING SET FORTH HEREIN TO THE CONTRARY, THE USE OF THE COMMON
AREAS SHALL BE SUBJECT TO THE EXPRESS PROVISIONS OF THIS LEASE AND SUCH RULES,
REGULATIONS AND RESTRICTIONS AS LANDLORD MAY MAKE FROM TIME TO TIME, PROVIDED
THAT SUCH RULES, REGULATIONS AND RESTRICTIONS DO NOT (A) UNREASONABLY INTERFERE
WITH THE RIGHTS GRANTED TO TENANT UNDER THIS LEASE AND THE PERMITTED USE GRANTED
UNDER SECTION 5.1, BELOW OR (B) MATERIALLY INCREASE THE COST OF TENANT'S
OCCUPANCY OF THE PREMISES THROUGH A MATERIAL INCREASE IN ADDITIONAL RENT.
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;
PROVIDED THAT NO SUCH CHANGES SHALL BE PERMITTED WHICH MATERIALLY REDUCE
TENANT'S RIGHTS OR ACCESS HEREUNDER, OR OTHERWISE MATERIALLY INTERFERES WITH
TENANT'S ABILITY TO USE THE PREMISES FOR THE PERMITTED USE.
EXCEPT WHEN AND
WHERE TENANT'S RIGHT OF ACCESS IS SPECIFICALLY EXCLUDED 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 TERM," AS THAT TERM IS DEFINED IN SECTION 2.1, BELOW.
1.2
VERIFICATION OF RENTABLE SQUARE FEET OF PREMISES AND BUILDING.
FOR PURPOSES OF THIS LEASE, "RENTABLE SQUARE FEET" AND "USABLE SQUARE FEET"
SHALL BE CALCULATED PURSUANT TO STANDARD METHOD OF MEASURING FLOOR AREA IN