IMPROVEMENTS
1.1
PREMISES, BUILDING, PROJECT AND COMMON
AREAS.
1.1.1
THE PREMISES.
LANDLORD HEREBY LEASES TO TENANT AND
TENANT HEREBY LEASES FROM LANDLORD THE PREMISES SET FORTH IN SECTION 2.2 OF THE
SUMMARY (THE "PREMISES").
THE OUTLINE OF THE PREMISES IS SET FORTH IN EXHIBIT A
ATTACHED HERETO AND THE PREMISES HAS THE NUMBER OF RENTABLE SQUARE FEET AS SET
FORTH IN SECTION 2.2 OF THE SUMMARY (WHICH SHALL NOT BE SUBJECT TO
RE-MEASUREMENT OR MODIFICATION).
THE PARTIES HERETO AGREE THAT THE LEASE OF THE
PREMISES IS UPON AND SUBJECT TO THE TERMS, COVENANTS AND CONDITIONS HEREIN SET
FORTH, AND LANDLORD AND TENANT COVENANT AS A MATERIAL PART OF THE CONSIDERATION
FOR THIS LEASE TO KEEP AND PERFORM EACH AND ALL OF SUCH TERMS, COVENANTS AND
CONDITIONS BY EACH PARTY TO BE KEPT AND PERFORMED AND THAT THIS LEASE IS MADE
UPON THE CONDITION OF SUCH PERFORMANCE.
THE PARTIES HERETO HEREBY ACKNOWLEDGE
THAT THE PURPOSE OF EXHIBIT A IS TO SHOW THE APPROXIMATE LAYOUT OF THE PREMISES,
AND SUCH EXHIBIT IS NOT MEANT TO CONSTITUTE A REPRESENTATION OR WARRANTY AS TO
THE EXACT DIMENSIONS OF THE PREMISES.
EXCEPT AS SPECIFICALLY SET FORTH IN THIS
LEASE AND IN THE TENANT WORK LETTER ATTACHED HERETO AS EXHIBIT B (THE "TENANT
WORK LETTER"), LANDLORD SHALL NOT BE OBLIGATED TO PROVIDE OR PAY FOR ANY
IMPROVEMENT WORK OR SERVICES RELATED TO THE IMPROVEMENT OF THE PREMISES.
TENANT
ALSO ACKNOWLEDGES THAT NEITHER LANDLORD NOR ANY AGENT OF LANDLORD HAS MADE ANY
REPRESENTATION OR WARRANTY REGARDING THE CONDITION OF THE PREMISES, THE BUILDING
OR THE PROJECT OR WITH RESPECT TO THE SUITABILITY OF ANY OF THE FOREGOING FOR
THE CONDUCT OF TENANT'S BUSINESS, EXCEPT AS SPECIFICALLY SET FORTH IN THIS LEASE
AND THE TENANT WORK LETTER.
1.1.2
THE BUILDING AND THE PROJECT.
THE PREMISES CONSIST
OF THE ENTIRE BUILDING SET FORTH IN SECTION 2.1 OF THE SUMMARY (THE
"BUILDING").
THE BUILDING IS PART OF AN OFFICE PROJECT CONSISTING OF
APPROXIMATELY 12 ACRES.
THE TERM "PROJECT," AS USED IN THIS LEASE, SHALL MEAN
(I) THE BUILDING AND THE COMMON AREAS, (II) THE OFFICE BUILDING LOCATED AT 29901
AGOURA ROAD (THE "29901 BUILDING"), (III) THE LAND UPON WHICH THE BUILDING, THE
ADJACENT BUILDING AND THE COMMON AREAS ARE LOCATED, AND (IV) AT LANDLORD'S
DISCRETION, ANY ADDITIONAL REAL PROPERTY, AREAS, LAND, BUILDINGS OR OTHER
IMPROVEMENTS ADDED THERETO OUTSIDE OF THE PROJECT, BUT ONLY IF SUCH ADDITIONAL
REAL PROPERTY, AREAS, LAND, BUILDINGS OR OTHER IMPROVEMENTS ARE CONTIGUOUS TO
THE PROJECT.
1.1.3
COMMON AREAS.
TENANT SHALL HAVE THE NON-EXCLUSIVE
RIGHT TO USE IN COMMON WITH OTHER TENANTS IN THE PROJECT, AND SUBJECT TO THE
RULES AND REGULATIONS REFERRED TO IN ARTICLE 5 OF THIS LEASE, THOSE PORTIONS OF
THE PROJECT WHICH ARE PROVIDED, FROM TIME TO TIME, FOR USE IN COMMON BY
LANDLORD, TENANT AND ANY OTHER TENANTS OF THE PROJECT (SUCH AREAS, TOGETHER WITH
SUCH OTHER PORTIONS OF THE PROJECT DESIGNATED BY LANDLORD, IN ITS REASONABLE
DISCRETION, ARE COLLECTIVELY REFERRED TO HEREIN AS THE "COMMON AREAS").
THE
MANNER IN WHICH THE