COVENANTS, CONDITIONS AND RESTRICTIONS
TO OWN, MANAGE, OPERATE, MAINTAIN, REPAIR AND/OR REPLACE ALL OR ANY PORTION OF
THE LANDSCAPING, DRIVEWAYS, WALKWAYS, PARKING AREAS, PUBLIC AND PRIVATE STREETS,
PLAZAS, COURTYARDS, TRANSPORTATION FACILITATION AREAS AND/OR OTHER COMMON AREAS
LOCATED OUTSIDE OF THE BUILDING, AND, SUBJECT TO SECTION 4.2.4 BELOW, INCLUDE
THE COMMON AREA ASSESSMENTS, FEES AND TAXES CHARGED BY THE ASSOCIATION(S) AND
THE COST OF MAINTAINING, MANAGING, ADMINISTERING AND OPERATING THE
ASSOCIATION(S), IN OPERATING EXPENSES, TAX EXPENSES AND/OR UTILITIES COSTS (AS
APPLICABLE); AND (Z) PERFORM SUCH OTHER ACTS AND MAKE SUCH OTHER CHANGES WITH
RESPECT TO THE REAL PROPERTY AS LANDLORD MAY, IN THE EXERCISE OF REASONABLE AND
GOOD FAITH BUSINESS JUDGMENT, DEEM TO BE APPROPRIATE.
1.1.4
ADVERSE CONDITION.
AS USED HEREIN, AN "ADVERSE CONDITION" SHALL
MEAN:
(I) A MATERIAL ADVERSE INTERFERENCE WITH TENANT'S USE OF THE PREMISES FOR
THE PERMITTED USE (AS SUCH TERM IS DEFINED IN ARTICLE 5 BELOW); (II) AN
UNREASONABLE INTERFERENCE WITH TENANT'S ACCESS TO THE PREMISES; (III) A CHANGE
IN CHARACTER OF THE BUILDING TO SOMETHING OTHER THAN A FIRST-CLASS OFFICE
BUILDING; (IV) OTHER THAN ON A TEMPORARY BASIS (NOT TO EXCEED ONE (1) MONTH OR
SUCH LONGER PERIOD AS IS REASONABLY NECESSARY DUE TO A DAMAGE OR DESTRUCTION,
CONDEMNATION OR OTHER EVENTS OF "FORCE MAJEURE," AS THAT TERM IS DEFINED IN
SECTION 26.17 BELOW), (A) A RELOCATION OF ANY OF TENANT'S RESERVED PARKING
PASSES FROM THE LOCATIONS SPECIFIED THEREFOR IN SECTION 10 OF THE SUMMARY, OR
(B) A RELOCATION OF TENANT'S UNRESERVED PARKING STRUCTURE PASSES FROM THE PHASE
III PARKING STRUCTURE; (V) A REDUCTION IN THE NUMBER OF PARKING PASSES WITHIN
THE PARKING ALLOTMENT (AS DEFINED IN SECTION 24.1 BELOW), OTHER THAN DURING SUCH
PERIOD AS IS REASONABLY NECESSARY DUE TO A DAMAGE OR DESTRUCTION, CONDEMNATION
OR OTHER FORCE MAJEURE EVENTS; OR (VI) AN EVENT WHICH INCREASES TENANT'S
MONETARY OBLIGATIONS UNDER THIS LEASE, EXCEPT (A) FOR INCREASES IN OPERATING
EXPENSES, TAX EXPENSES OR UTILITIES COSTS TO THE EXTENT SUCH INCREASES ARE
OTHERWISE PERMITTED IN ARTICLE 4 BELOW, AND/OR (B) AS IMPOSED UNDER AND/OR TO
COMPLY WITH APPLICABLE LAWS.
IN THE EVENT TEMPORARY RELOCATION OF TENANT'S
PARKING PASSES IS REQUIRED IN CONNECTION WITH THE EXERCISE OF ANY OF LANDLORD'S
RIGHTS SET FORTH IN THIS ARTICLE 1 AND/OR SECTION 24.4 BELOW, LANDLORD SHALL, AT
NO EXPENSE TO TENANT, RELOCATE SUCH PARKING PASSES TO OTHER PARKING FACILITIES
OF THE PROJECT AND/OR PARKING FACILITIES LOCATED WITHIN A REASONABLE WALKING
DISTANCE OF THE PROJECT (SUCH RELOCATION OBLIGATION SHALL NOT, HOWEVER, APPLY IN
THE EVENT ANY DAMAGE OR DESTRUCTION, CONDEMNATION OR OTHER FORCE MAJEURE EVENT,
ALTHOUGH LANDLORD SHALL USE COMMERCIALLY REASONABLE EFFORTS TO MAKE AVAILABLE TO
TENANT PARKING PASSES WITHIN OTHER AREAS OF THE PROJECT'S PARKING FACILITIES FOR
THOSE PARKING PASSES DISPLACED THEREBY DURING THE PERIOD SUCH DISPLACEMENT
OCCURS).
1.2
RENTABLE AND USABLE SQUARE FEET.
1.2.1
PREMISES AND BUILDING.
THE RENTABLE AND USABLE SQUARE FEET OF THE
PREMISES ARE HEREBY STIPULATED TO BE AS SET FORTH IN SECTION 6 OF THE SUMMARY
AND ARE NOT SUBJECT TO REMEASUREMENT BY LANDLORD OR TENANT.