The Parties agree to execute any further documents, and take any further
actions, as may be reasonable and appropriate in order to carry out the purpose
and intent of this Agreement.
2.10 As used herein, the masculine, feminine or neuter gender, and the singular
and plural numbers, shall each be deemed to include the others whenever and
whatever the context so indicates.
EXHIBIT M
-2-
THE MARK TOWER
F5 Networks, Inc.
SIGNATURE PAGE OF RECOGNITION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of
the day and year first above written.
"Landlord":
, a
By:
Its:
"Tenant":
, a
By:
Its:
By:
Its:
[attach legal description and project description and notary pages]
EXHIBIT M
-3-
THE MARK TOWER
F5 Networks, Inc.
OFFICE LEASE
THE MARK TOWER
FIFTH & COLUMBIA INVESTORS, LLC,
a Delaware limited liability company,
as Landlord,
and
F5 NETWORKS, INC.,
a Washington corporation,
as Tenant.
-i-
THE MARK TOWER
F5 Networks, Inc.
ARTICLE 1
PREMISES, BUILDING, PROJECT, AND COMMON AREAS; RENTABLE SQUARE FEET
7
ARTICLE 2
LEASE TERM; OPTION TERMS
10
ARTICLE 3
BASE RENT
14
ARTICLE 4
ADDITIONAL RENT
15
ARTICLE 5
USE OF PREMISES
24
ARTICLE 6
SERVICES AND UTILITIES
27
ARTICLE 7
REPAIRS AND MAINTENANCE
32
ARTICLE 8
ADDITIONS AND ALTERATIONS
34
ARTICLE 9
COVENANT AGAINST LIENS
36
ARTICLE 10
INDEMNIFICATION AND INSURANCE
37
ARTICLE 11
DAMAGE AND DESTRUCTION
40
ARTICLE 12
NONWAIVER
42
ARTICLE 13
CONDEMNATION
42
ARTICLE 14
ASSIGNMENT AND SUBLETTING
44
ARTICLE 15
SURRENDER OF PREMISES; OWNERSHIP AND REMOVAL OF TRADE FIXTURES
47
ARTICLE 16
HOLDING OVER
48
ARTICLE 17
ESTOPPEL CERTIFICATES
48
ARTICLE 18
SUBORDINATION
49
ARTICLE 19
DEFAULTS; REMEDIES
50
ARTICLE 20
COVENANT OF QUIET ENJOYMENT
52
ARTICLE 21
ROOFTOP RIGHTS
52
ARTICLE 22
LANDLORD'S REPRESENTATIONS AND WARRANTIES
54
ARTICLE 23
SIGNS
55
ARTICLE 24
COMPLIANCE WITH LAW
57
ARTICLE 25
INTENTIONALLY DELETED
57
ARTICLE 26
LANDLORD'S RIGHT TO CURE DEFAULT; PAYMENTS BY TENANT
57
ARTICLE 27
ENTRY BY LANDLORD
58
ARTICLE 28
TENANT PARKING
59
ARTICLE 29
MISCELLANEOUS PROVISIONS
62
-i-
THE MARK TOWER
F5 Networks, Inc.
LIST OF EXHIBITS
EXHIBIT A - OUTLINE OF PREMISES
EXHIBIT A-1 - LEGAL DESCRIPTION
EXHIBIT A-2 - OUTLINE OF LOBBY AREA, OFFICE ELEVATORS AND CONCESSION AREA
EXHIBIT A-3 - DEPICTION OF LOADING AREAS, GENERATOR AREA AND PARKING GARAGE
ACCESS
EXHIBIT B - TENANT WORK LETTER
SCHEDULE 1A TO EXHIBIT B - BASE BUILDING PLANS
SCHEDULE 1B TO EXHIBIT B - APPROVED TENANT CHANGE ITEMS
SCHEDULE 2 TO EXHIBIT B - BASE BUILDING DESCRIPTION
SCHEDULE 3 TO EXHIBIT B - LIST OF REQUIRED ENGINEERS
EXHIBIT C - NOTICE OF LEASE TERM DATES
EXHIBIT D - RULES AND REGULATIONS
EXHIBIT E - FORM OF TENANT'S ESTOPPEL CERTIFICATE
EXHIBIT F - MARKET RENT DETERMINATION
SCHEDULE 1 TO EXHIBIT F - COMPARABLE AREA
EXHIBIT G - FORM OF SNDA
EXHIBIT H - LOCATION OF TENANT'S SIGNAGE
EXHIBIT H-1 - DEPICTION OF TENANT'S NAME AND/OR LOGO
EXHIBIT I - MULTI-TENANT PROVISIONS
EXHIBIT J -