TENANT'S SIGNAGE, SUCH NAME
AND/OR LOGO SHALL NOT HAVE A NAME WHICH RELATES TO AN ENTITY WHICH IS OF A
CHARACTER OR REPUTATION, OR IS ASSOCIATED WITH A POLITICAL FACTION OR
ORIENTATION, WHICH IS INCONSISTENT WITH THE QUALITY OF THE PROJECT, OR WHICH
WOULD OTHERWISE REASONABLY OFFEND A LANDLORD OF THE COMPARABLE BUILDINGS (AN
"OBJECTIONABLE NAME").
THE PARTIES HEREBY AGREE THAT THE NAME "FAVRILLE, INC.,"
OR ANY REASONABLE DERIVATION THEREOF, SHALL NOT BE DEEMED AN OBJECTIONABLE NAME.
23.2.3
TERMINATION OF RIGHT TO TENANT'S SIGNAGE.
THE RIGHTS
CONTAINED IN THIS SECTION 23.2 SHALL BE PERSONAL TO THE ORIGINAL TENANT AND MAY
ONLY BE EXERCISED BY THE ORIGINAL TENANT (AND NOT ANY ASSIGNEE, SUBLESSEE OR
TRANSFEREE OF THE ORIGINAL TENANT'S INTEREST IN THIS LEASE) IF THE ORIGINAL
TENANT IS IN OCCUPANCY OF NO LESS THAN SIXTY PERCENT (60%) OF THE THEN EXISTING
PREMISES.
23.2.4
COST AND MAINTENANCE.
THE COSTS OF THE ACTUAL SIGNS
COMPRISING TENANT'S SIGNAGE AND THE INSTALLATION, DESIGN, CONSTRUCTION, AND ANY
AND ALL OTHER COSTS ASSOCIATED WITH TENANT'S SIGNAGE, INCLUDING, WITHOUT
LIMITATION, UTILITY CHARGES AND HOOK-UP FEES, PERMITS, AND MAINTENANCE AND
REPAIRS, SHALL BE THE SOLE RESPONSIBILITY OF TENANT; PROVIDED, HOWEVER, UP TO A
TOTAL OF TEN THOUSAND AND NO/100 DOLLARS ($10,000.00) OF THE ACTUAL COSTS OF
SUCH INITIAL INSTALLATION, DESIGN AND CONSTRUCTION SHALL BE SUBJECT TO
REIMBURSEMENT FROM THE IMPROVEMENT ALLOWANCE PURSUANT TO SECTION 2.2.1 OF THE
TENANT WORK LETTER.
SHOULD TENANT'S SIGNAGE REQUIRE REPAIRS AND/OR MAINTENANCE,
AS DETERMINED IN LANDLORD'S REASONABLE JUDGMENT, LANDLORD SHALL HAVE THE RIGHT
TO PROVIDE NOTICE THEREOF TO TENANT AND TENANT SHALL CAUSE SUCH REPAIRS AND/OR
MAINTENANCE TO BE PERFORMED WITHIN THIRTY (30) DAYS AFTER RECEIPT OF SUCH NOTICE
FROM LANDLORD, AT TENANT'S SOLE COST AND EXPENSE; PROVIDED, HOWEVER, IF SUCH
REPAIRS AND/OR MAINTENANCE ARE REASONABLY EXPECTED TO REQUIRE LONGER THAN THIRTY
(30) DAYS TO PERFORM, TENANT SHALL COMMENCE SUCH REPAIRS AND/OR MAINTENANCE
WITHIN SUCH THIRTY (30) DAY PERIOD AND SHALL DILIGENTLY PROSECUTE SUCH REPAIRS
AND MAINTENANCE TO COMPLETION.
SHOULD TENANT FAIL TO PERFORM SUCH REPAIRS
AND/OR MAINTENANCE WITHIN THE PERIODS DESCRIBED IN THE IMMEDIATELY PRECEDING
SENTENCE, LANDLORD SHALL, UPON THE DELIVERY OF AN ADDITIONAL TEN (10) BUSINESS
DAYS' PRIOR WRITTEN NOTICE, HAVE THE RIGHT TO CAUSE SUCH WORK TO BE PERFORMED
AND TO CHARGE TENANT AS ADDITIONAL RENT FOR THE COST (INCLUDING
54
A PERCENTAGE OF THE COST THEREOF SUFFICIENT TO REIMBURSE LANDLORD FOR ALL
OVERHEAD, GENERAL CONDITIONS, FEES AND OTHER COSTS OR EXPENSES ARISING FROM
LANDLORD'S INVOLVEMENT WITH SUCH REPAIRS AND/OR MAINTENANCE) OF SUCH WORK.
UPON
THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE, TENANT SHALL, AT TENANT'S
SOLE COST AND EXPENSE, CAUSE TENANT'S SIGNAGE TO BE REMOVED AND SHALL CAUSE THE
AREAS IN WHICH SUCH TENANT'S SIGNAGE WAS LOCATED TO BE RESTORED TO THE CONDITION
EXISTING IMMEDIATELY PRIOR TO THE PLACEMENT OF SUCH TENANT'S SIGNAGE EXCEPT FOR
ORDINARY WEAR AND TEAR.
IF TENANT FAILS TO TIMELY REMOVE SUCH TENANT'S SIGNAGE
OR TO RESTORE THE AREAS IN WHICH SUCH TENANT'S SIGNAGE WAS LOCATED, AS PROVIDED
IN THE IMMEDIATELY PRECEDING SENTENCE, THEN