INCLUDING, WITHOUT LIMITATION, ANY SUCH APPLICABLE LAWS
PERTAINING TO TENANT IN THE EVENT TENANT IS A PUBLICLY TRADED COMPANY ON ONE OF
THE NATIONALLY RECOGNIZED SECURITY EXCHANGES (SUCH AS, WITHOUT LIMITATION, NYSE
OR NASDAQ), OR ANY DISCLOSURES REQUIRED BY THE SECURITIES AND EXCHANGE
COMMISSION.
29.29
TRANSPORTATION MANAGEMENT.
TENANT SHALL FULLY COMPLY WITH ALL
PRESENT OR FUTURE PROGRAMS INTENDED TO MANAGE PARKING, TRANSPORTATION OR TRAFFIC
IN AND AROUND THE BUILDING, AND IN CONNECTION THEREWITH, TENANT SHALL TAKE
RESPONSIBLE ACTION FOR THE TRANSPORTATION PLANNING AND MANAGEMENT OF ALL
EMPLOYEES LOCATED AT THE PREMISES BY WORKING DIRECTLY WITH LANDLORD, ANY
GOVERNMENTAL TRANSPORTATION MANAGEMENT ORGANIZATION OR ANY OTHER
TRANSPORTATION-RELATED COMMITTEES OR ENTITIES.
29.30
BUILDING RENOVATIONS.
IT IS SPECIFICALLY UNDERSTOOD AND AGREED THAT
LANDLORD HAS MADE NO REPRESENTATION OR WARRANTY TO TENANT AND HAS NO OBLIGATION
AND HAS MADE NO PROMISES TO
64
*** CONFIDENTIAL PORTIONS OF THIS DOCUMENT HAVE BEEN REDACTED AND FILED
SEPARATELY WITH THE COMMISSION.
ALTER, REMODEL, IMPROVE, RENOVATE, REPAIR OR DECORATE THE PREMISES, BUILDING, OR
ANY PART THEREOF AND THAT NO REPRESENTATIONS RESPECTING THE CONDITION OF THE
PREMISES OR THE BUILDING HAVE BEEN MADE BY LANDLORD TO TENANT EXCEPT AS
SPECIFICALLY SET FORTH HEREIN OR IN THE WORK LETTER AGREEMENT.
HOWEVER, TENANT
HEREBY ACKNOWLEDGES THAT LANDLORD IS CURRENTLY RENOVATING OR MAY DURING THE
LEASE TERM RENOVATE, IMPROVE, ALTER, OR MODIFY (COLLECTIVELY, THE "RENOVATIONS")
THE PROJECT, THE BUILDING AND/OR THE PREMISES INCLUDING WITHOUT LIMITATION THE
PARKING STRUCTURE, COMMON AREAS, SYSTEMS AND EQUIPMENT, ROOF, AND STRUCTURAL
PORTIONS OF THE SAME, WHICH RENOVATIONS MAY INCLUDE, WITHOUT LIMITATION,
(I) INSTALLING SPRINKLERS IN THE BUILDING COMMON AREAS AND TENANT SPACES,
(II) MODIFYING THE COMMON AREAS AND TENANT SPACES TO COMPLY WITH APPLICABLE LAWS
AND REGULATIONS, INCLUDING REGULATIONS RELATING TO THE PHYSICALLY DISABLED,
SEISMIC CONDITIONS, AND BUILDING SAFETY AND SECURITY, AND (III) INSTALLING NEW
FLOOR COVERING, LIGHTING, AND WALL COVERINGS IN THE BUILDING COMMON AREAS, AND
IN CONNECTION WITH ANY RENOVATIONS, LANDLORD MAY, AMONG OTHER THINGS, ERECT
SCAFFOLDING OR OTHER NECESSARY STRUCTURES IN THE BUILDING, LIMIT OR ELIMINATE
ACCESS TO PORTIONS OF THE PROJECT, INCLUDING PORTIONS OF THE COMMON AREAS, OR
PERFORM WORK IN THE BUILDING, WHICH WORK MAY CREATE NOISE, DUST OR LEAVE DEBRIS
IN THE BUILDING.
TENANT HEREBY AGREES THAT SUCH RENOVATIONS AND LANDLORD'S
ACTIONS IN CONNECTION WITH SUCH RENOVATIONS SHALL IN NO WAY CONSTITUTE A
CONSTRUCTIVE EVICTION OF TENANT NOR ENTITLE TENANT TO ANY ABATEMENT OF RENT.
LANDLORD SHALL HAVE NO RESPONSIBILITY OR FOR ANY REASON BE LIABLE TO TENANT FOR
ANY DIRECT OR INDIRECT INJURY TO OR INTERFERENCE WITH TENANT'S BUSINESS ARISING
FROM THE RENOVATIONS, NOR SHALL TENANT BE ENTITLED TO ANY COMPENSATION OR
DAMAGES FROM LANDLORD FOR LOSS OF THE USE OF THE WHOLE OR ANY PART OF THE
PREMISES OR OF TENANT'S PERSONAL PROPERTY OR IMPROVEMENTS RESULTING FROM THE
RENOVATIONS OR LANDLORD'S ACTIONS IN CONNECTION WITH SUCH RENOVATIONS, OR FOR
ANY INCONVENIENCE OR ANNOYANCE OCCASIONED BY SUCH RENOVATIONS OR LANDLORD'S
ACTIONS.
29.31
NO VIOLATION.
TENANT HEREBY WARRANTS AND REPRESENTS THAT NEITHER
ITS EXECUTION OF NOR PERFORMANCE UNDER THIS LEASE SHALL