ADDITION, TENANT'S
BUILDING-TOP SIGNAGE SHALL BE SUBJECT TO TENANT'S RECEIPT OF ALL REQUIRED
GOVERNMENTAL PERMITS AND APPROVALS AND SHALL BE SUBJECT TO ALL APPLICABLE LAWS
AND TO ANY CC&RS AFFECTING THE PROJECT.
LANDLORD SHALL USE COMMERCIALLY
REASONABLE EFFORTS TO ASSIST TENANT IN OBTAINING ALL NECESSARY GOVERNMENTAL
PERMITS AND APPROVALS FOR TENANT'S BUILDING-TOP SIGNAGE.
TENANT HEREBY
ACKNOWLEDGES THAT, NOTWITHSTANDING LANDLORD'S APPROVAL OF TENANT'S BUILDING-TOP
SIGNAGE, LANDLORD HAS MADE NO REPRESENTATION OR WARRANTY TO TENANT WITH RESPECT
TO THE PROBABILITY OF OBTAINING ALL NECESSARY GOVERNMENTAL APPROVALS AND PERMITS
FOR TENANT'S BUILDING-TOP SIGNAGE.
IN THE EVENT TENANT DOES NOT RECEIVE THE
NECESSARY GOVERNMENTAL APPROVALS AND PERMITS FOR TENANT'S BUILDING-TOP SIGNAGE,
TENANT'S AND LANDLORD'S RIGHTS AND OBLIGATIONS UNDER THE REMAINING TCCS OF THIS
LEASE SHALL BE UNAFFECTED.
23.4.2
OBJECTIONABLE NAME.
TO THE EXTENT TENANT DESIRES TO CHANGE THE NAME
AND/OR LOGO SET FORTH ON TENANT'S BUILDING-TOP SIGNAGE, SUCH NAME AND/OR LOGO
SHALL NOT HAVE A NAME WHICH RELATES TO AN ENTITY WHICH IS OF A CHARACTER OR
REPUTATION, OR IS ASSOCIATED WITH A POLITICAL FACTION OR ORIENTATION, WHICH IS
INCONSISTENT WITH THE QUALITY OF THE PROJECT, OR WHICH WOULD OTHERWISE
REASONABLY OFFEND A LANDLORD OF THE COMPARABLE BUILDINGS (AN "OBJECTIONABLE
NAME").
THE PARTIES HEREBY AGREE THAT THE FOLLOWING NAMES SHALL BE DEEMED NOT
TO CONSTITUTE AN OBJECTIONABLE NAME:
BRIDGEPOINT EDUCATION; ASHFORD EDU.;
ASHFORD.EDU; ASHFORD EDUCATION; ASHFORD UNIVERSITY; ROCKIES.EDU; UNIVERSITY OF
THE ROCKIES; BPE; UOR; BRIDGEPOINT; CENTERLEAF; AND CENTERLEAF PARTNERS.
23.4.3
TERMINATION OF RIGHT TO TENANT'S BUILDING-TOP SIGNAGE.
TENANT'S
BUILDING-TOP SIGNAGE RIGHTS CONTAINED IN THIS SECTION 23.4 SHALL BE PERSONAL TO
THE ORIGINAL TENANT AND ITS PERMITTED TRANSFEREES, AND MAY ONLY BE EXERCISED AND
MAINTAINED BY SUCH PARTIES (AND NOT ANY OTHER ASSIGNEE, SUBLESSEE OR OTHER
TRANSFEREE OF THE ORIGINAL TENANT'S INTEREST IN THIS LEASE) TO THE EXTENT
(X) THEY ARE NOT IN MONETARY OR MATERIAL NON-MONETARY DEFAULT UNDER THIS LEASE
(BEYOND ANY APPLICABLE NOTICE AND CURE PERIOD), AND (Y) IF THEY OCCUPY AT LEAST
FIFTY PERCENT (50%) OF THE ENTIRE PREMISES.
23.4.4
COST AND MAINTENANCE.
THE COSTS OF THE ACTUAL SIGN COMPRISING
TENANT'S BUILDING-TOP SIGNAGE AND THE INSTALLATION, DESIGN, CONSTRUCTION, AND
ANY AND ALL OTHER COSTS ASSOCIATED WITH TENANT'S BUILDING-TOP SIGNAGE,
INCLUDING, WITHOUT LIMITATION, UTILITY CHARGES AND HOOK-UP FEES, PERMITS, AND
MAINTENANCE AND REPAIRS, SHALL BE THE SOLE RESPONSIBILITY OF TENANT; PROVIDED
THAT THE COSTS AND FEES ASSOCIATED WITH THE INITIAL INSTALLATION, DESIGN, AND
CONSTRUCTION OF SUCH TENANT'S BUILDING-TOP SIGNAGE MAY, AT TENANT'S OPTION, BE
DEEMED "FF&E," AS THAT TERM IS SET FORTH IN SECTION OF THE WORK LETTER
AGREEMENT.
SHOULD TENANT'S BUILDING-TOP SIGNAGE REQUIRE REPAIRS AND/OR
MAINTENANCE, AS DETERMINED IN LANDLORD'S REASONABLE JUDGMENT, LANDLORD SHALL
HAVE THE RIGHT TO PROVIDE NOTICE THEREOF TO TENANT AND TENANT (EXCEPT AS SET
FORTH ABOVE) SHALL CAUSE SUCH REPAIRS AND/OR MAINTENANCE TO BE PERFORMED WITHIN
TEN (10) BUSINESS DAYS AFTER RECEIPT OF SUCH NOTICE FROM LANDLORD, AT TENANT'S
SOLE COST AND EXPENSE; PROVIDED,
54
*** CONFIDENTIAL PORTIONS OF THIS DOCUMENT HAVE BEEN REDACTED AND FILED
SEPARATELY WITH THE COMMISSION.
HOWEVER, IF SUCH REPAIRS AND/OR MAINTENANCE