LANDLORD,
WHICH APPROVAL SHALL NOT BE UNREASONABLY WITHHELD OR DELAYED.
TENANT SHALL
REMOVE ALL SIGNS OF TENANT UPON THE EXPIRATION OR EARLIER TERMINATION OF THIS
LEASE AND IMMEDIATELY REPAIR ANY DAMAGE TO EITHER OR BOTH OF THE PROPERTY AND
THE PREMISES CAUSED BY, OR RESULTING FROM, SUCH REMOVAL.
4.4.
SECURITY/DAMAGE DEPOSIT.
SIMULTANEOUSLY WITH THE EXECUTION AND
DELIVERY OF THIS LEASE, TENANT SHALL DEPOSIT WITH LANDLORD OR AGENT THE SUM SET
FORTH IN SECTION 1.10 ABOVE, IN CASH (THE "SECURITY"), REPRESENTING SECURITY FOR
THE PERFORMANCE BY TENANT OF THE COVENANTS AND OBLIGATIONS HEREUNDER.
THE
SECURITY SHALL BE HELD BY LANDLORD OR AGENT, WITHOUT INTEREST, IN FAVOR OF
TENANT; PROVIDED, HOWEVER, THAT NO TRUST RELATIONSHIP SHALL BE DEEMED CREATED
THEREBY AND THE SECURITY MAY BE COMMINGLED WITH OTHER ASSETS OF LANDLORD.
IF
TENANT DEFAULTS IN THE PERFORMANCE OF ANY OF ITS COVENANTS HEREUNDER, LANDLORD
OR AGENT MAY, WITHOUT NOTICE TO TENANT, APPLY ALL OR ANY PART OF THE SECURITY,
TO THE EXTENT REQUIRED FOR THE PAYMENT OF ANY RENT OR OTHER SUMS DUE FROM TENANT
HEREUNDER, IN ADDITION TO ANY OTHER REMEDIES AVAILABLE TO LANDLORD.
IN THE
EVENT THE SECURITY IS SO APPLIED, TENANT SHALL, UPON DEMAND, IMMEDIATELY DEPOSIT
WITH LANDLORD OR AGENT A SUM EQUAL TO THE AMOUNT SO USED.
IF TENANT FULLY AND
FAITHFULLY COMPLIES WITH ALL THE COVENANTS AND OBLIGATIONS HEREUNDER, THE
SECURITY (OR ANY BALANCE THEREOF) SHALL BE RETURNED TO TENANT WITHIN 30 DAYS
AFTER THE LAST TO OCCUR OF (I) THE DATE THE TERM EXPIRES OR TERMINATES OR (II)
DELIVERY TO LANDLORD OF POSSESSION OF THE PREMISES.
LANDLORD MAY DELIVER THE
SECURITY TO ANY PURCHASER OF LANDLORD'S INTEREST IN THE PREMISES [OR ANY
SUCCESSOR LANDLORD (DEFINED BELOW), IF APPLICABLE], AND THEREUPON LANDLORD AND
AGENT SHALL BE DISCHARGED FROM ANY FURTHER LIABILITY WITH RESPECT TO THE
SECURITY.
4.5.
PARKING.
TENANT SHALL HAVE THE RIGHT TO USE TWENTY-FIVE (25)
DEDICATED PARKING SPACES, THE LOCATION OF WHICH SHALL BE DETERMINED BY LANDLORD
IN ITS REASONABLE DIRECTION.
5.
CONDITION AND DELIVERY OF PREMISES.
5.1.
CONDITION OF PREMISES.
TENANT AGREES THAT TENANT IS FAMILIAR WITH
THE CONDITION OF BOTH THE PREMISES AND THE PROPERTY, AND TENANT HEREBY ACCEPTS
THE FOREGOING ON AN "AS-IS," "WHERE-IS" BASIS.
TENANT ACKNOWLEDGES THAT NEITHER
LANDLORD NOR AGENT, NOR ANY REPRESENTATIVE OF LANDLORD, HAS MADE ANY
REPRESENTATION AS TO THE CONDITION OF THE FOREGOING OR THE SUITABILITY OF THE
FOREGOING FOR TENANT'S INTENDED USE.
TENANT REPRESENTS AND WARRANTS THAT TENANT
HAS MADE ITS OWN INSPECTION OF THE FOREGOING.
NEITHER LANDLORD NOR AGENT SHALL
BE OBLIGATED TO MAKE ANY REPAIRS, REPLACEMENTS OR IMPROVEMENTS (WHETHER
STRUCTURAL OR OTHERWISE) OF ANY KIND OR NATURE TO THE FOREGOING IN CONNECTION
WITH, OR IN CONSIDERATION OF, THIS LEASE, EXCEPT (A) AS SET FORTH IN SECTIONS
13.2 AND 18 AND (B) WITH RESPECT TO ALL (IF ANY) REPAIRS AND IMPROVEMENTS
EXPRESSLY AND SPECIFICALLY DESCRIBED IN EXHIBIT B ATTACHED HERETO ("LANDLORD
WORK ITEMS").
LANDLORD AGREES TO MAKE REASONABLE EFFORTS TO ENFORCE, OR CAUSE
AGENT TO ENFORCE, UPON TENANT'S REQUEST, ALL MANUFACTURER'S OR CONTRACTOR'S
WARRANTIES, IF