MANNER AS TO
NOT UNREASONABLY INTERFERE WITH TENANT'S BUSINESS, SIGNS REASONABLY APPROVED AS
TO DESIGN AND LOCATION BY TENANT INDICATING THAT THE DEMISED PREMISES ARE FOR
RENT AND/OR SALE AND SUITABLY IDENTIFYING LANDLORD OR ITS AGENT, AND (II) UPON
AT LEAST TWO (2) BUSINESS DAYS' ADVANCE NOTICE TO TENANT, TO EXHIBIT THE DEMISED
PREMISES TO PROSPECTIVE TENANTS.
25.3
WORKOUT FACILITY.
THE SHELL AND CORE
IMPROVEMENTS SHALL INCLUDE A WORKOUT FACILITY ("WORKOUT FACILITY"), WHICH
WORKOUT FACILITY WILL BE LOCATED IN THE SOUTHERN BUILDING.
FIFTY PERCENT (50%)
OF THE SQUARE FOOTAGE OF THE WORKOUT FACILITY SHALL BE ALLOCATED TO AND BE
INCLUDED IN THE RENTABLE SQUARE FOOTAGE OF THE SOUTHERN BUILDING AND, AS A
RESULT THEREOF, THE BASE RENT PAYABLE WITH RESPECT TO THE SOUTHERN BUILDING
SHALL BE INCREASED TO REFLECT THE PORTION OF THE DEMISED PREMISES LOCATED IN THE
SOUTHERN BUILDING'S PRORATA SHARE OF SUCH ADDITIONAL RENTABLE SQUARE FOOTAGE.
THE COST OF MAINTAINING AND REPAIRING THE WORKOUT FACILITY (INCLUDING, BUT NOT
LIMITED TO, THE MAINTENANCE, REPAIR AND REPLACEMENT OF ALL EXERCISE MACHINES AND
EQUIPMENT) SHALL BE AN OPERATING EXPENSE.
THE WORKOUT FACILITY SHALL BE
CONSIDERED A PROJECT COMMON AREA AVAILABLE FOR USE BY TENANT AND, AT LANDLORD'S
DISCRETION, ANY OTHER TENANTS OF THE PROJECT.
25.4
NOTICES.
ALL NOTICES, DEMANDS AND REQUESTS WHICH
MAY BE OR ARE REQUIRED TO BE GIVEN, DEMANDED OR REQUESTED BY EITHER PARTY TO THE
OTHER SHALL BE IN WRITING, AND SHALL BE SENT BY UNITED STATES REGISTERED OR
CERTIFIED MAIL, POSTAGE PREPAID, BY AN INDEPENDENT OVERNIGHT COURIER SERVICE
MARKED FOR NEXT BUSINESS DAY DELIVERY, OR BY TELEPHONIC FACSIMILE TRANSMISSION
WITH AUTOMATIC WRITTEN TIME AND DATE CONFIRMATION OF DELIVERY TRANSMITTED
BETWEEN THE HOURS OF 9:00 A.M. AND 5:00 P.M. (TIME ZONE OF RECIPIENT, BUT ONLY
IF CONFIRMED WITHIN TWO (2) BUSINESS DAYS BY RECEIPT OF A MAILED OR PERSONALLY
DELIVERED COPY), AND ADDRESSED AS FOLLOWS:
Sorrento Wateridge Partners, L.P.
c/o The Allen Group
6005 Hidden Valley Road, Suite 150
Carlsbad, California
92009
Attention:
Kevin A. Noell
Facsimile:
(760) 707-1909
To Tenant:
American Residential Investment Trust, Inc.
10421 Wateridge Circle
San Diego, CA
92121
Attention:
Ken Walker
Facsimile:
(858) 350-6484
47
or at such other place as a party hereto may from time to time designate by
written notice thereof to the other.
Notices, demands and requests which shall
be served upon Landlord by Tenant, or upon Tenant by Landlord, in the manner
aforesaid, shall be deemed received three (3) days after delivery to United
States mail, one (1) business day after delivery to an overnight courier
service, or at the time such notice, demand or request shall be transmitted by
facsimile (if confirmed as written above).
25.5
QUIET ENJOYMENT.
LANDLORD COVENANTS AND AGREES
THAT TENANT, UPON PAYING THE BASE RENT AND ADDITIONAL RENT AND UPON OBSERVING
AND KEEPING THE COVENANTS, AGREEMENTS AND CONDITIONS OF THIS LEASE ON ITS PART
TO BE KEPT, OBSERVED AND PERFORMED, SHALL LAWFULLY AND QUIETLY HOLD, OCCUPY AND
ENJOY THE DEMISED PREMISES (SUBJECT TO THE PROVISIONS OF THIS LEASE) DURING THE
TERM OF