BY LANDLORD IN
WRITING, AND TENANT SHALL PROMPTLY REIMBURSE LANDLORD FOR ANY THIRD PARTY COSTS
REASONABLY INCURRED BY LANDLORD'S IN REVIEWING THE PLANS OR INSTALLATION
METHODS;
(3)
TENANT SHALL AT ALL TIMES MAINTAINS ADEQUATE LIABILITY INSURANCE
WITH RESPECT ALL EXTERIOR SIGNAGE INSTALLED BY TENANT, AND PROPERTY INSURANCE
COVERING THE FULL GUARANTEED REPLACEMENT COST THEREOF, ASSUMES ALL RISKS WITH
RESPECT TO NEW SIGN, AND, TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW:
(I) AGREES THAT LANDLORD SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT
THERETO, (II) WAIVES AND RELEASES ANY AND ALL CLAIMS AGAINST LANDLORD WITH
RESPECT THERETO, AND (III) AGREES TO INDEMNIFY, HOLD HARMLESS, PROTECT AND
DEFEND LANDLORD AGAINST ANY AND ALL CLAIMS OR LIABILITIES ARISING WITH RESPECT
THERETO OR IN CONNECTION THEREWITH;
(4)
TENANT SHALL OBTAIN, MAINTAIN IN FORCE, AND COMPLY WITH ANY AND
ALL CONDITIONS AND REQUIREMENTS OF, ALL PERMITS AND OTHER SORTS OF GOVERNMENTAL
CONSENTS OR APPROVALS, AND IN ALL RESPECTS COMPLY WITH ALL APPLICABLE CODES,
ORDINANCES, LAWS, RULES, REGULATIONS, ORDERS, AND OTHER SORTS OF GOVERNMENTAL
REQUIREMENTS, AS MAY BE REQUIRED IN CONNECTION WITH THE FABRICATION,
INSTALLATION, MAINTENANCE, REMOVAL AND DISPOSAL OF THE NEW SIGN;
(5)
TENANT SHALL MAINTAIN THE NEW SIGN (INCLUDING, WITHOUT LIMITATION,
ITS ILLUMINATION SYSTEM) AT ALL TIMES IN GOOD, SAFE AND ATTRACTIVE CONDITION AND
REPAIR;
(6)
TENANT SHALL REMOVE THE NEW SIGN PRIOR TO THE EXPIRATION OF THE
LEASE TERM (AND TENANT SHALL REMOVE THE NEW SIGN PROMPTLY UPON, AND IN ALL
EVENTS WITHIN 20 DAYS AFTER, LANDLORD'S REQUEST, IF TENANT DOES NOT ACTUALLY USE
AND OCCUPY AT LEAST FIFTY PERCENT (50%) OF THE PREMISES INITIALLY LEASED
HEREUNDER TO CONDUCT BUSINESS AS "ADVENT SOFTWARE" OR THE BUSINESS OF AN
AFFILIATE TRANSFEREE OR IN THE EVENT OF ANY UNCURED EVENT OF DEFAULT BY TENANT
UNDER THE LEASE) (OR, AT LANDLORD'S ELECTION, LANDLORD SHALL HAVE THE RIGHT TO
REMOVE SUCH SIGNAGE AT TENANT'S EXPENSE, AND TENANT SHALL REIMBURSE LANDLORD
COSTS THEREOF REASONABLY INCURRED BY LANDLORD WITHIN THIRTY (30) DAYS AFTER
DEMAND);
(7)
TENANT SHALL PROMPTLY REPAIR ANY DAMAGE TO THE BUILDING CAUSED AS
A RESULT OF SUCH SIGNAGE, INCLUDING, WITHOUT LIMITATION, THE INSTALLATION OR
REMOVAL THEREOF (OR, AT LANDLORD'S ELECTION, LANDLORD
17
SHALL HAVE THE RIGHT TO PERFORM SUCH REPAIR AT TENANT'S EXPENSE, AND TENANT
SHALL REIMBURSE LANDLORD FOR THE COST THEREOF WITHIN THIRTY (30) DAYS AFTER
DEMAND); AND
(8)
LANDLORD SHALL HAVE THE RIGHT TEMPORARILY TO REMOVE OR RELOCATE
THE NEW SIGN AS MAY BE NECESSARY IN CONNECTION WITH ANY MAINTENANCE, REPAIR OR
RESTORATION WORK
Tenant's right to Building exterior signage shall be exclusive to Tenant during
the period commencing on the Commencement Date and ending on the first date that
Tenant leases less than 92,000 square feet of space pursuant to this Lease (the
"Special Occupancy Level Reduction Date"), and the exclusive nature of such
right shall terminate forever on the Special Occupancy Level Reduction Date.
5.5
REPAIR OBLIGATION.
LANDLORD'S SHALL MAINTAIN AND REPAIR IN GOOD
CONDITION AND WORKING ORDER: (I) THE STRUCTURAL PORTIONS OF THE BUILDING;
(II) THE EXTERIOR WALLS OF