NOR DOES LANDLORD REPRESENT, THAT
ANY SPECIFIC TENANT OR TYPE OR NUMBER OF TENANTS SHALL, DURING THE LEASE TERM,
OCCUPY ANY SPACE IN THE BUILDING OR PROJECT.
NOTWITHSTANDING THE FOREGOING,
PROVIDED THAT TENANT CONTINUES TO LEASE THE ENTIRE BUILDING, LANDLORD SHALL NOT
ENTER INTO ANY LEASE OR OTHER OCCUPANCY AGREEMENT, OR APPROVE ANY SUBLEASE (TO
THE EXTENT THAT LANDLORD CAN REJECT SUCH SUBLEASE PURSUANT TO THE TERMS OF THE
APPLICABLE LEASE), AT THE PROJECT FOR SPACE THAT IS UNDER 8,000 RENTABLE SQUARE
FEET WITH ANY ENTITY THAT IS A "SPECIFIED COMPETITOR" (AS DEFINED BELOW) OF
TENANT.
FOR PURPOSES OF THIS LEASE, A "SPECIFIED COMPETITOR" SHALL MEAN A
COMPANY THAT PRODUCES AND SELLS VIDEO GAMES, PROVIDED THAT LANDLORD AND TENANT
HEREBY AGREE THAT THE FOLLOWING COMPANIES SHALL NOT BE DESIGNATED AS SPECIFIED
COMPETITORS:
SEGA, ELECTRONIC ARTS, NINTENDO, KONAMI, CAP COM, SONY,
ACTIVISION, AND INFROGAMES ENTERTAINMENT (INCLUDING ITS SUBSIDIARY, ATARI).
29.15
FORCE MAJEURE.
ANY PREVENTION, DELAY OR STOPPAGE DUE
TO STRIKES, LOCKOUTS, LABOR DISPUTES, ACTS OF GOD, ACTS OF WAR, TERRORIST ACTS,
INABILITY TO OBTAIN SERVICES, LABOR, OR MATERIALS OR REASONABLE SUBSTITUTES
THEREFOR, GOVERNMENTAL ACTIONS, CIVIL COMMOTIONS, FIRE OR OTHER CASUALTY, AND
OTHER CAUSES BEYOND THE REASONABLE CONTROL OF THE PARTY OBLIGATED TO PERFORM,
EXCEPT WITH RESPECT TO THE OBLIGATIONS IMPOSED WITH REGARD TO RENT AND OTHER
CHARGES TO BE PAID BY TENANT PURSUANT TO THIS LEASE (COLLECTIVELY, A "FORCE
MAJEURE"), NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS LEASE,
SHALL EXCUSE THE PERFORMANCE OF SUCH PARTY FOR A PERIOD EQUAL TO ANY SUCH
PREVENTION, DELAY OR STOPPAGE AND, THEREFORE, IF THIS LEASE SPECIFIES A TIME
PERIOD FOR PERFORMANCE OF AN OBLIGATION OF EITHER PARTY, THAT TIME PERIOD SHALL
BE EXTENDED BY THE PERIOD OF ANY DELAY IN SUCH PARTY'S PERFORMANCE CAUSED BY A
FORCE MAJEURE.
29.16
WAIVER OF REDEMPTION BY TENANT.
TENANT HEREBY WAIVES,
FOR TENANT AND FOR ALL THOSE CLAIMING UNDER TENANT, ANY AND ALL RIGHTS NOW OR
HEREAFTER EXISTING TO REDEEM BY ORDER OR JUDGMENT OF ANY COURT OR BY ANY LEGAL
PROCESS OR WRIT, TENANT'S RIGHT OF OCCUPANCY OF THE PREMISES AFTER ANY
TERMINATION OF THIS LEASE.
29.17
NOTICES.
ALL NOTICES, DEMANDS, STATEMENTS,
DESIGNATIONS, APPROVALS OR OTHER COMMUNICATIONS (COLLECTIVELY, "NOTICES") GIVEN
OR REQUIRED TO BE GIVEN BY EITHER PARTY TO THE OTHER HEREUNDER OR BY LAW SHALL
BE IN WRITING, SHALL BE (A) SENT BY UNITED STATES CERTIFIED OR REGISTERED MAIL,
POSTAGE PREPAID, RETURN RECEIPT REQUESTED ("MAIL"), (B) TRANSMITTED BY TELECOPY,
IF SUCH TELECOPY IS PROMPTLY FOLLOWED BY A NOTICE SENT BY MAIL, (C) DELIVERED BY
A NATIONALLY RECOGNIZED OVERNIGHT COURIER, OR (D) DELIVERED PERSONALLY.
IF ANY
NOTICE IS SENT BY TELECOPY, THE TRANSMITTING PARTY MAY AS A COURTESY SEND A
DUPLICATE COPY OF THE NOTICE TO THE OTHER PARTY BY REGULAR MAIL.
IN ALL EVENTS,
HOWEVER, ANY NOTICE SENT BY TELECOPY TRANSMISSION SHALL GOVERN ALL MATTERS
DEALING WITH DELIVERY OF THE NOTICE, INCLUDING THE DATE ON WHICH THE NOTICE IS
DEEMED TO HAVE BEEN RECEIVED BY THE OTHER PARTY.
ANY NOTICE SHALL BE SENT,
TRANSMITTED, OR DELIVERED,