USE OF TENANT OR
OTHER TENANTS OR LICENSEES, INCLUDING, BUT NOT LIMITED TO, THE PARKING AREAS,
DRIVEWAYS, SIDEWALKS, LOADING AREAS, ACCESS ROADS, CORRIDORS, LANDSCAPING AND
PLANTED AREAS THAT ARE NOT EXCLUSIVELY LEASED TO TENANT AS PART OF THE PREMISES
UNDER THIS LEASE.
TENANT SHALL HAVE THE NONEXCLUSIVE RIGHT TO USE THE COMMON
AREAS FOR THE PURPOSES INTENDED, SUBJECT TO THE RULES.
TENANT SHALL NOT
INTERFERE WITH THE RIGHTS OF ANY OR ALL OF LANDLORD, OTHER TENANTS OR LICENSEES,
OR ANY OTHER PERSON ENTITLED TO USE THE COMMON AREAS.
LANDLORD, FROM TIME TO
TIME, MAY CHANGE ANY OR ALL OF THE SIZE, LOCATION, NATURE AND USE OF ANY OF THE
COMMON AREAS ALTHOUGH SUCH CHANGES MAY RESULT IN TEMPORARY INCONVENIENCE TO
TENANT, SO LONG AS SUCH CHANGES DO NOT PERMANENTLY MATERIALLY AND ADVERSELY
AFFECT TENANT'S USE OF THE PREMISES.
IN ADDITION TO THE FOREGOING, LANDLORD
MAY, AT ANY TIME, TEMPORARILY CLOSE OR SUSPEND ACCESS TO ANY COMMON AREAS TO
PERFORM ANY ACTS IN THE COMMON AREAS AS, IN LANDLORD'S REASONABLE JUDGMENT, ARE
DESIRABLE TO IMPROVE OR MAINTAIN EITHER OR BOTH OF THE PREMISES AND THE
PROPERTY, OR ARE REQUIRED IN ORDER TO SATISFY LANDLORD'S OBLIGATIONS UNDER
EITHER OR BOTH OF SECTIONS 13.2 AND 18; PROVIDED, HOWEVER, THAT LANDLORD SHALL
USE REASONABLE EFFORTS NOT TO DISRUPT TENANT'S USE AND OPERATION OF THE PREMISES
IN CONNECTION THEREWITH AND SHALL UNDER NO CIRCUMSTANCES DENY TENANT ACCESS TO
OR USE OF THE PREMISES.
4.3.
SIGNAGE.
TENANT MAY AFFIX, AT TENANT'S EXPENSE, ONE (1) SIGN ON
THE PREMISES, SUBJECT TO LANDLORD'S APPROVAL OF THE SIZE, DESIGN AND LOCATION OF
SUCH SIGNS, WHICH APPROVAL SHALL NOT BE UNREASONABLY WITHHELD OR DELAYED; TENANT
SHALL IN EVERY EVENT CAUSE ANY SUCH SIGN TO COMPLY WITH ALL APPLICABLE LAWS,
COVENANTS AND RESTRICTIONS APPLICABLE TO THE PROPERTY.
TENANT SHALL REMOVE ALL
SIGNS OF TENANT UPON THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE AND
IMMEDIATELY REPAIR ANY DAMAGE TO EITHER OR BOTH OF THE PROPERTY AND THE PREMISES
CAUSED BY, OR RESULTING FROM, SUCH REMOVAL.
7
5.
CONDITION AND DELIVERY OF PREMISES; TENANT'S ACCESS.
5.1.
CONDITION OF PREMISES.
LANDLORD SHALL PERFORM THE WORK ON THE
PREMISES NECESSARY TO CONSTRUCT OFFICE SPACE AND WAREHOUSE SPACE AS SHOWN ON THE
SPACE PLAN, WITH ALL SUCH WORK TO BE IN ACCORDANCE WITH THE SPACE PLAN DOCUMENTS
(HEREINAFTER DEFINED) AS APPROVED AND FINALIZED BY LANDLORD AND TENANT PURSUANT
TO SECTION 5.4 BELOW (COLLECTIVELY, THE "LANDLORD'S WORK").
TENANT ACKNOWLEDGES
THAT NEITHER LANDLORD NOR AGENT, NOR ANY REPRESENTATIVE OF LANDLORD, HAS MADE
ANY REPRESENTATION AS TO THE CONDITION OF THE FOREGOING OR THE SUITABILITY OF
THE FOREGOING FOR TENANT'S INTENDED USE.
LANDLORD REPRESENTS AND WARRANTS THAT,
UPON THE COMMENCEMENT DATE, THE PREMISES SHALL COMPLY WITH ALL LAWS, STATUTES,
ORDINANCES, AND GOVERNMENTAL RULES, REGULATIONS, GUIDELINES, ORDERS, AND DECREES
OF GENERAL APPLICABILITY NOW AFFECTING OR RELATING TO THE PREMISES OR THE USE
THEREOF, INCLUDING, WITHOUT LIMITATION THE AMERICANS WITH DISABILITIES ACT OF
1990 AND THE WILLIAMS-STEIGER OCCUPATIONAL SAFETY AND HEALTH ACT (THE
"APPLICABLE LAWS"); EXCEPT FOR APPLICABLE LAWS