PROJECT, BUT
WITH RESPECT TO ANY CC&RS RECORDED FOLLOWING THE DATE OF THIS LEASE ("FUTURE
CC&RS"), TENANT AGREES TO COMPLY WITH SUCH FUTURE CC&RS ONLY TO THE EXTENT SUCH
FUTURE CC&R'S DO NOT ADVERSELY AFFECT TENANT'S USE OF THE PREMISES FOR THE
PERMITTED USE, OR INCREASE TENANT'S COSTS OR OBLIGATIONS HEREUNDER.
LANDLORD
HEREBY REPRESENTS AND WARRANTS TO TENANT THAT THERE ARE NO UNRECORDED EXISTING
CC&RS THAT WOULD CONFLICT OR WOULD INTERFERE WITH THE TERMS OF THIS LEASE, OR
WOULD INTERFERE WITH THE USE OF THE PREMISES BY TENANT FOR THE PERMITTED USE.
5.3
KITCHEN/CAFETERIA.
LANDLORD HEREBY
ACKNOWLEDGES AND AGREES THAT AS A PART OF THE IMPROVEMENTS TO BE CONSTRUCTED BY
TENANT IN ACCORDANCE WITH THE TERMS OF THE TENANT WORK LETTER ATTACHED HERETO AS
EXHIBIT B, TENANT MAY INSTALL A KITCHEN AND CAFETERIA FOR USES CONSISTENT WITH
GENERAL OFFICE USES, SUBJECT TO (I) THE TERMS OF THIS SECTION 5.3, (II)
LANDLORD'S CONSENT TO ALL PLANS AND SPECIFICATIONS RELATED TO SUCH KITCHEN
(INCLUDING, BUT NOT LIMITED TO, THE LOCATION OF SUCH KITCHEN AND PROVISION FOR
ADEQUATE VENTING), AND (III) COMPLIANCE WITH ALL APPLICABLE LAWS.
5.4
TENANT'S RIGHT TO INSTALL AN EMERGENCY
GENERATOR.
SUBJECT TO THE TERMS HEREOF, TENANT SHALL HAVE THE RIGHT TO INSTALL
AN EMERGENCY BACK-UP ELECTRICAL GENERATOR (THE "GENERATOR") AT THE PROJECT
OUTSIDE OF THE BUILDING, IN A LOCATION TO BE DESIGNATED BY LANDLORD IN
LANDLORD'S REASONABLE DISCRETION.
SUBJECT TO LANDLORD'S PRIOR APPROVAL OF ALL
PLANS AND SPECIFICATIONS, AND AT TENANT'S SOLE COST AND EXPENSE, LANDLORD SHALL
PERMIT TENANT TO INSTALL AND MAINTAIN THE GENERATOR, AND CONNECTIONS BETWEEN THE
GENERATOR AND THE PREMISES, ALL IN COMPLIANCE WITH ALL APPLICABLE LAWS.
SUCH
GENERATOR SHALL BE USED BY TENANT ONLY DURING (I) TESTING AND REGULAR
MAINTENANCE, AND (II) THE PERIOD OF ANY ELECTRICAL POWER OUTAGE IN THE
BUILDING.
TENANT SHALL BE ENTITLED TO OPERATE THE GENERATOR AND SUCH
CONNECTIONS TO THE PREMISES FOR TESTING AND REGULAR MAINTENANCE ONLY UPON NOTICE
TO LANDLORD AND AT TIMES REASONABLY APPROVED BY LANDLORD.
TENANT SHALL SUBMIT
THE SPECIFICATIONS FOR DESIGN, OPERATION, INSTALLATION, AND MAINTENANCE OF THE
CONNECTIONS TO THE GENERATOR AND FACILITIES RELATED THERETO TO LANDLORD FOR
LANDLORD'S CONSENT, WHICH CONSENT MAY BE CONDITIONED ON TENANT COMPLYING WITH
SUCH REASONABLE REQUIREMENTS IMPOSED BY LANDLORD, BASED ON THE ADVICE OF
LANDLORD'S ENGINEERS, SO THAT THE SAFETY AND SECURITY OF THE BUILDING IS NOT
ENDANGERED, AND THE BUILDING'S SYSTEMS ARE NOT MATERIALLY AND ADVERSELY AFFECTED
BY THE INSTALLATION AND OPERATION OF THE GENERATOR.
TENANT'S RIGHT TO INSTALL
THE GENERATOR SHALL BE SUBJECT TO TENANT'S RECEIPT OF ALL APPLICABLE PERMITS AND
GOVERNMENTAL APPROVALS, WHICH SHALL BE OBTAINED BY TENANT AT TENANT'S SOLE
COST.
TENANT SHALL DELIVER TO LANDLORD A COPY OF ALL SUCH PERMITS AND
APPROVALS.
TENANT SHALL ALSO ENCLOSE THE GENERATOR TO MAINTAIN THE AESTHETIC
APPEARANCE OF THE PROJECT, AS REASONABLY PRESCRIBED BY LANDLORD.
TENANT SHALL
HAVE NO OBLIGATION TO PAY ANY BASE RENT FOR THE SPACE OCCUPIED BY THE GENERATOR,
PROVIDED THAT THE COST OF DESIGN (INCLUDING ENGINEERING COSTS) AND INSTALLATION
OF THE GENERATOR AND THE