PRIOR APPROVAL OF LANDLORD, IN ITS SOLE
DISCRETION.
23.2
TENANT'S SIGNAGE.
TENANT SHALL BE ENTITLED TO
INSTALL THE FOLLOWING SIGNAGE IN CONNECTION WITH TENANT'S LEASE OF THE PREMISES
(COLLECTIVELY, THE "TENANT'S SIGNAGE"):
(I)
ONE (1) BUILDING SIGN IDENTIFYING TENANT'S NAME AND LOGO
LOCATED AT THE TOP OF THE BUILDING (THE "BUILDING TOP SIGN"), AS MORE
PARTICULARLY IDENTIFIED ON EXHIBIT A-2 ATTACHED HERETO; AND
(II)
NON-EXCLUSIVE SIGNAGE ON A PRO-RATA PORTION (VIS-Á-VIS THE
RENTABLE SQUARE FOOTAGE OF THE PREMISES AS COMPARED TO THE RENTABLE SQUARE
FOOTAGE OF THE BUILDING) OF THE MONUMENT LOCATED ADJACENT TO THE ENTRANCE OF THE
BUILDING (THE "BUILDING MONUMENT SIGN").
TENANT HEREBY ACKNOWLEDGES AND AGREES
THAT LANDLORD MAY, AT LANDLORD'S SOLE COST AND EXPENSE, PLACE A STANDARD "OWNED
AND MANAGED" SIGN ON SUCH PROJECT MONUMENT SIGN, PROVIDED THAT SUCH "OWNED AND
MANAGED" SIGN SHALL NOT BE LARGER THAN TENANT'S SIGN.
LANDLORD MAY ALSO, AT
LANDLORD'S SOLE COST AND EXPENSE, INSTALL A SMALL SIGN INDICATING ITS OWNERSHIP
AND MANAGEMENT OF THE BUILDING IN THE INTERIOR OF THE BUILDING LOBBY IN A
LOCATION AND OF A SIZE REASONABLY APPROVED BY TENANT.
To the extent that Tenant leases all of the 10421 Building and the 10445
Building, Tenant shall be permitted to install, and the term "Tenant's Signage"
shall be revised to mean, all signage that is legally permitted in the Project;
provided, however, Landlord shall retain the right for limited identification
signage as identified in item (ii) above.
23.2.1
SPECIFICATIONS AND PERMITS.
TENANT'S SIGNAGE SHALL SET
FORTH TENANT'S NAME AND LOGO AS DETERMINED BY TENANT IN ITS SOLE DISCRETION;
PROVIDED, HOWEVER, IN NO EVENT SHALL TENANT'S SIGNAGE INCLUDE AN "OBJECTIONABLE
NAME," AS THAT TERM IS DEFINED IN SECTION 23.2.2, OF THIS LEASE.
THE GRAPHICS,
MATERIALS, COLOR, DESIGN, LETTERING, LIGHTING, SIZE,
53
ILLUMINATION, SPECIFICATIONS AND EXACT LOCATION OF TENANT'S SIGNAGE
(COLLECTIVELY, THE "SIGN SPECIFICATIONS") SHALL BE SUBJECT TO THE PRIOR WRITTEN
APPROVAL OF LANDLORD, WHICH APPROVAL SHALL NOT BE UNREASONABLY WITHHELD,
CONDITIONED OR DELAYED, AND SHALL BE CONSISTENT AND COMPATIBLE WITH THE QUALITY
AND NATURE OF THE PROJECT AND LANDLORD'S BUILDING STANDARD SIGNAGE PROGRAM.
FOR
PURPOSES OF THIS SECTION 23.2.1, THE REFERENCE TO "NAME" SHALL MEAN NAME AND/OR
LOGO.
IN ADDITION, TENANT'S SIGNAGE SHALL BE SUBJECT TO TENANT'S RECEIPT OF ALL
REQUIRED GOVERNMENTAL PERMITS AND APPROVALS AND SHALL BE SUBJECT TO ALL
APPLICABLE LAW AND TO ANY COVENANTS, CONDITIONS AND RESTRICTIONS AFFECTING THE
PROJECT.
LANDLORD SHALL USE COMMERCIALLY REASONABLE EFFORTS TO ASSIST TENANT IN
OBTAINING ALL NECESSARY GOVERNMENTAL PERMITS AND APPROVALS FOR TENANT'S
SIGNAGE.
TENANT HEREBY ACKNOWLEDGES THAT, NOTWITHSTANDING LANDLORD'S APPROVAL
OF TENANT'S SIGNAGE, LANDLORD HAS MADE NO REPRESENTATION OR WARRANTY TO TENANT
WITH RESPECT TO THE PROBABILITY OF OBTAINING ALL NECESSARY GOVERNMENTAL
APPROVALS AND PERMITS FOR TENANT'S SIGNAGE.
IN THE EVENT TENANT DOES NOT
RECEIVE THE NECESSARY GOVERNMENTAL APPROVALS AND PERMITS FOR TENANT'S SIGNAGE,
TENANT'S AND LANDLORD'S RIGHTS AND OBLIGATIONS UNDER THE REMAINING TCCS OF THIS
LEASE SHALL BE UNAFFECTED.
23.2.2
OBJECTIONABLE NAME.
TO THE EXTENT ORIGINAL TENANT
DESIRES TO CHANGE THE NAME AND/OR LOGO SET FORTH ON