(AND
ITS EMPLOYEES, CONTRACTORS AND AGENTS) SHALL HAVE THE RIGHT (BUT NOT THE
OBLIGATION), UPON PROVIDING LANDLORD WITH REASONABLE PRIOR WRITTEN NOTICE OF
ENTRY TOGETHER WITH THE RIGHT OF LANDLORD TO HAVE LANDLORD'S EMPLOYEES AND/OR
AGENTS OCCUPANCY TENANT DURING ANY SUCH ENTRY, TO CONTINUE TO HAVE ACCESS TO
SUCH VACATED AREAS AS MAY BE NECESSARY FOR A PERIOD OF THE LESSER OF (I) SIXTY
(60) DAYS AFTER THE LEASE COMMENCEMENT DATE, OR (II) THROUGH THE EXPIRATION
DATE, IN ORDER TO DISABLE OR REMOVE THEREFROM COMPUTER RELATED EQUIPMENT
CONTAINING PROPRIETARY INFORMATION OF TENANT FROM THE DEMISED PREMISES
(INCLUDING, WITHOUT LIMITATION, COMPUTERS, CPUS AND SERVERS); PROVIDED, HOWEVER,
IN NO EVENT SHALL TENANT HAVE ANY RIGHT TO REMOVE ANY "PERSONAL PROPERTY," AS
SUCH TERM IS DEFINED IN THE PURCHASE AGREEMENT AND SUBJECT TO THE BILL OF SALE
THEREIN.
FURTHERMORE, TENANT SHALL BE LIABLE FOR ANY AND ALL DAMAGE TO THE
PROPERTY CAUSED BY TENANT, ITS AGENTS, EMPLOYEES AND CONTRACTORS, WHILE
EXERCISING ITS VACATION RIGHTS AND REMOVAL OF EQUIPMENT UNDER THIS SECTION I.B.
IN EXERCISING ITS RIGHTS UNDER THIS SECTION 3.01(B), TENANT SHALL USE GOOD FAITH
EFFORT TO NOT UNREASONABLY INTERFERE WITH LANDLORD'S USE OF THE VACATED AREAS.
3
C.
LEASE COMMENCEMENT DATE.
THE LEASE COMMENCEMENT DATE SHALL BE THE
DATE ON WHICH THE PROPERTY IS CONVEYED TO LANDLORD, AS EVIDENCED BY THE
RECORDATION OF A GRANT DEED IN THE OFFICIAL RECORDS OF LOS ANGELES COUNTY,
CALIFORNIA.
II.
TERM.
AS USED IN THIS LEASE, THE PHRASE "LEASE TERM" SHALL MEAN
THE PERIOD COMMENCING ON THE LEASE COMMENCEMENT DATE AND ENDING ON THE
EXPIRATION DATE, UNLESS THIS LEASE IS SOONER TERMINATED PURSUANT TO THE TERMS
HEREOF.
RENT
I.
BASE RENT.
COMMENCING ON THE LEASE COMMENCEMENT DATE, TENANT
COVENANTS AND AGREES TO PAY, WITHOUT NOTICE OR DEMAND, "BASE RENT" TO LANDLORD
IN AN AMOUNT EQUAL TO TWO AND 25/100 DOLLARS ($2.25) PER SQUARE FOOT OF THE
DEMISED PREMISES PER MONTH, PAYABLE IN EQUAL CONSECUTIVE MONTHLY INSTALLMENTS OF
ONE HUNDRED THIRTY-THREE THOUSAND SEVEN HUNDRED SEVENTY-EIGHT AND 25/100 DOLLARS
($133,778.25) EACH, IN ADVANCE ON THE FIRST DAY OF EACH AND EVERY MONTH DURING
THE LEASE TERM.
IN THE EVENT THE FIRST AND/OR LAST CALENDAR MONTH OF THE LEASE
TERM IS A PARTIAL MONTH, THE BASE RENT PAYABLE FOR THAT MONTH SHALL BE PRORATED
ON THE BASIS OF THE ACTUAL NUMBER OF DAYS CONTAINED IN THAT APPLICABLE MONTH.
THE BASE RENT FOR THE FIRST (1ST) FULL MONTH OF THE LEASE TERM SHALL BE PAID BY
TENANT TO LANDLORD ON THE LEASE COMMENCEMENT DATE.
II.
ADDITIONAL RENT.
THIS LEASE IS A FULL SERVICE GROSS LEASE, AND
TENANT SHALL THEREFORE HAVE NO OBLIGATION TO PAY TENANT'S PROPORTIONATE SHARE OF
OPERATING EXPENSES, EXCEPT AS SET FORTH IN SECTION I BELOW.
III.
LANDLORD EXPENDITURES.
TENANT SHALL REIMBURSE LANDLORD FOR ALL
EXPENDITURES AND ALL COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES,
MADE OR INCURRED BY LANDLORD IN CURING ANY DEFAULT BY TENANT, AS PERMITTED BY
THIS LEASE, SUCH AMOUNTS TO BECOME DUE UPON THE MAKING OF ANY SUCH EXPENDITURES
BY LANDLORD, AND TENANT