first trust deed holder of the Building (the "Bank") has recorded a notice of
default on the Building or filed a notice evidencing a legal action by the Bank
against Landlord on the Building, and (y) the Bank diligently proceeds to gain
possession of the Premises and, to the extent Bank does gain possession of the
Premises, the Bank diligently proceeds to cure such Abatement Event. Except as
expressly provided in this Section 6.5, nothing contained herein shall be
interpreted to mean that Tenant is excused from paying Rent due hereunder.
6.6
ACCESS TO PREMISES AND PARKING PASSES.
SUBJECT TO ALL OF THE
TERMS AND CONDITIONS OF THIS LEASE, INCLUDING THE RULES AND REGULATIONS ATTACHED
HERETO AS EXHIBIT D, AND ALL APPLICABLE LAWS, TENANT SHALL HAVE ACCESS TO THE
PREMISES (AND, SUBJECT TO ARTICLE 24 BELOW, THE NUMBER OF PARKING PASSES WITHIN
THE PARKING ALLOTMENT AT THE DESIGNATED LOCATIONS FOR SUCH PARKING PASSES
SPECIFIED THEREFOR IN SECTION 10.1 OF THE SUMMARY WITH RESPECT TO TENANT'S
RESERVED PARKING PASSES AND TENANT'S UNRESERVED PARKING STRUCTURE PASSES)
TWENTY-FOUR (24) HOURS PER DAY, SEVEN (7) DAYS PER WEEK.
6.7
TELECOMMUNICATIONS AND INTERNET PROVIDERS.
SUBJECT TO TENANT'S
COMPLIANCE WITH ALL APPLICABLE LAWS, TENANT SHALL BE PERMITTED, AT ITS SOLE COST
AND EXPENSE, TO CONTRACT WITH ANY TELECOMMUNICATIONS AND/OR INTERNET PROVIDER(S)
OF ITS CHOICE TO PROVIDE TELECOMMUNICATIONS AND/OR INTERNET SERVICE TO THE
PREMISES; PROVIDED, HOWEVER, SUCH TELECOMMUNICATIONS AND/OR INTERNET PROVIDER
SHALL BE SUBJECT TO LANDLORD'S APPROVAL, WHICH APPROVAL SHALL NOT BE
UNREASONABLY WITHHELD OR CONDITIONED, AND SHALL BE GRANTED OR DENIED WITHIN
FIVE (5) BUSINESS DAYS AFTER TENANT'S REQUEST FOR APPROVAL IS DELIVERED TO
LANDLORD.
AT TENANT'S EXPENSE, AND SUBJECT TO TENANT'S COMPLIANCE WITH THE
PROVISIONS OF SECTION 26.30 BELOW, (I) LANDLORD SHALL PROVIDE TENANT AND/OR SUCH
APPROVED TELECOMMUNICATIONS AND/OR INTERNET PROVIDER(S) WITH NON-EXCLUSIVE
ACCESS TO TWO (2) OF THE BUILDING'S EXISTING RISERS (WHICH DO NOT EXTEND FROM
THE BUILDING'S MPOE) AND EXCLUSIVE ACCESS TO THE BUILDING'S EXISTING FOUR (4) 4"
RISERS WHICH EXTEND FROM THE BUILDING'S MPOE TO THE ROOF FOR THE PURPOSE OF
INSTALLING ANY WIRING AND CABLING (INCLUDING FIBER OPTIC WIRING AND CABLING) AND
EQUIPMENT NECESSARY TO PROVIDE SUCH TELECOMMUNICATIONS AND/OR INTERNET SERVICE,
AND (II) SHALL REASONABLY COOPERATE WITH TENANT TO ALLOW SUCH PROVIDERS TO
UTILIZE LANDLORD'S EXISTING EASEMENTS AND/OR SEEKING NEW EASEMENTS REASONABLY
APPROVED BY LANDLORD OVER ADJACENT PROPERTIES FOR SUCH PURPOSES CONSISTENT WITH
THE UNDERLYING DOCUMENTS; PROVIDED, HOWEVER, ANY SUCH ACCESS, INSTALLATION,
OPERATION, USE AND/OR REPAIR OF ANY SUCH EQUIPMENT SHALL NOT INTERFERE WITH OR
ADVERSELY AFFECT LANDLORD, OTHER TENANTS OF THE BUILDING OR PROJECT, OR THE
CONDITION OR OPERATION OF THE BUILDING, THE BUILDING'S SYSTEMS AND EQUIPMENT
AND/OR THE PROJECT, AND SHALL BE SUBJECT TO A MUTUALLY ACCEPTABLE ACCESS
AGREEMENT TO BE ENTERED INTO BY LANDLORD, TENANT AND SUCH PROVIDER(S) PRIOR TO
ANY SUCH ACCESS OR INSTALLATION.
ARTICLE 7
REPAIRS
7.1
TENANT'S REPAIRS.
SUBJECT TO AND EXCEPT FOR THE ITEMS WHICH ARE
LANDLORD'S REPAIR OBLIGATIONS IN SECTION 7.2 AND SUBJECT TO THE PROVISIONS OF
ARTICLES 11 AND 13 BELOW, TENANT