DAY AFTER TENANT NOTIFIES
LANDLORD THEREOF, THEN THE REVIEW PERIOD SHALL BE EXTENDED ONE (1) DAY FOR EACH
SUCH DAY THAT TENANT AND/OR THE ACCOUNTANT, AS THE CASE MAY BE, IS SO PREVENTED
FROM ACCESSING SUCH BOOKS AND RECORDS.
IN CONNECTION WITH ANY INSPECTION AND/OR
AUDIT CONDUCTED BY TENANT PURSUANT TO THIS SECTION 4.7, TENANT AGREES TO KEEP,
AND TO CAUSE ALL OF TENANT'S EMPLOYEES AND CONSULTANTS AND THE ACCOUNTANT TO
KEEP, ALL OF LANDLORD'S BOOKS AND RECORDS AND THE AUDIT, AND ALL INFORMATION
PERTAINING THERETO AND THE RESULTS THEREOF, STRICTLY CONFIDENTIAL (EXCEPT IF
REQUIRED BY ANY COURT TO DISCLOSE SUCH INFORMATION OR IF SUCH INFORMATION IS
AVAILABLE FROM AN INSPECTION OF PUBLIC RECORDS), AND IN CONNECTION THEREWITH,
TENANT SHALL CAUSE SUCH EMPLOYEES, CONSULTANTS AND THE ACCOUNTANT TO EXECUTE
SUCH COMMERCIALLY REASONABLE CONFIDENTIALITY AGREEMENTS AS LANDLORD MAY REQUIRE
PRIOR TO CONDUCTING ANY SUCH INSPECTIONS AND/OR AUDITS.
ARTICLE 5
USE OF PREMISES
5.1
USE.
TENANT SHALL USE THE PREMISES SOLELY FOR GENERAL OFFICE AND
ADMINISTRATIVE PURPOSES (WHICH USES MAY INCLUDE, WITHOUT LIMITATION, SOFTWARE
DEVELOPMENT, SOFTWARE TESTING, REPAIR OF COMPUTER HARDWARE USED ON-SITE AT THE
PREMISES, INTERNAL NETWORK MANAGEMENT, A QUALITY ASSURANCE CENTER, A DATA CENTER
[INCLUDING FOR ISP SERVICES] AND A "CLEAN ROOM"), ALL IN ACCORDANCE WITH THE
TERMS OF THIS LEASE AND CONSISTENT WITH THE CHARACTER OF THE REAL PROPERTY AS A
FIRST-CLASS, MULTI-TENANT OFFICE BUILDING PROJECT (THE "PERMITTED USE").
TENANT
SHALL NOT USE OR PERMIT THE PREMISES TO BE USED FOR ANY OTHER PURPOSE OR
PURPOSES WHATSOEVER.
TENANT FURTHER COVENANTS AND AGREES THAT IT SHALL NOT USE,
OR SUFFER OR PERMIT ANY PERSON OR PERSONS TO USE, THE PREMISES OR ANY PART
THEREOF FOR ANY USE OR PURPOSE CONTRARY TO THE PROVISIONS OF EXHIBIT D, ATTACHED
HERETO, OR IN VIOLATION OF APPLICABLE LAWS (AS DEFINED IN ARTICLE 22 BELOW).
TENANT SHALL COMPLY WITH ALL RECORDED COVENANTS, CONDITIONS AND RESTRICTIONS,
AND THE PROVISIONS OF ALL GROUND OR UNDERLYING LEASES, NOW OR HEREAFTER
AFFECTING THE REAL PROPERTY (INCLUDING, WITHOUT LIMITATION, THAT CERTAIN MASTER
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATION OF EASEMENTS
FOR LNR WARNER CENTER AND TERMINATION OF FORMER DECLARATION DATED MAY 22, 2003
AND RECORDED IN THE OFFICIAL RECORDS OF LOS ANGELES COUNTY ON MAY 29, 2003 AS
INSTRUMENT NO. 03 1519811, AS MAY BE AMENDED) (COLLECTIVELY, THE (THE
"UNDERLYING DOCUMENTS"), SO LONG AS ANY SUCH UNDERLYING DOCUMENTS EXECUTED AFTER
THE DATE HEREOF DO NOT CREATE AN ADVERSE CONDITION OR MATERIALLY DEROGATE FROM
THE RIGHTS OF TENANT UNDER THIS LEASE; PROVIDED, FURTHER, THAT ANY SUCH
UNDERLYING DOCUMENTS EXECUTED AFTER THE DATE HEREOF SHALL NOT BE EFFECTIVE
AGAINST TENANT UNTIL TENANT HAS RECEIVED A COPY OF THE SAME.
IN CONNECTION WITH
TENANT'S COMPLIANCE OBLIGATIONS UNDER ANY SUCH LAWS AND/OR SUCH RECORDED
COVENANTS, CONDITIONS AND RESTRICTIONS, TENANT AGREES TO:
(I) DEVELOP AN ACTIVE
RECYCLING PROGRAM TO REDUCE SOLID WASTE, AND PARTICIPATE IN ANY SUCH RECYCLING
PROGRAM DEVELOPED BY LANDLORD OR ANY COMMON AREA ASSOCIATION WITH OR UNDER IN
SUCH COVENANTS, CONDITIONS AND RESTRICTIONS, AND/OR DEVELOPED BY ANY LOCAL
MUNICIPALITIES OR GOVERNMENTAL