BY
THE ACT, OMISSION OR NEGLIGENCE OF SUBTENANT OR ITS INVITEES OR CONTRACTORS
DURING ANY SUCH CONSTRUCTION.
30.
LICENSE FOR CONTINUED USE OF PREMISES.
(A)
SUBTENANT HEREBY GRANTS TO SUBLANDLORD AN EXCLUSIVE LICENSE TO USE
AND OCCUPY THE AREAS (TOTALING APPROXIMATELY 2,000 SQUARE FEET) DESIGNATED AS
"LICENSED OFFICE SPACE" ON EXHIBIT A (THE "LICENSED OFFICE SPACE") FOR OFFICE
PURPOSES BY NO MORE THAN FIVE (5) OF SUBLANDLORD'S EMPLOYEES (THE "EXACT
EMPLOYEES"), FOR THE PERIOD COMMENCING ON THE TERM COMMENCEMENT DATE, AND ENDING
ON JULY 31, 2010, (THE "OFFICE LICENSE TERM"), ON AND SUBJECT TO THE FOLLOWING
TERMS AND CONDITIONS:
(I) SUBLANDLORD SHALL BE PERMITTED TO KEEP IN THE
LICENSED OFFICE SPACE, DESKS, CHAIRS, OFFICE EQUIPMENT AND SUPPLIES BELONGING TO
SUBLANDLORD FOR UP TO FIVE (5) EMPLOYEES TOGETHER WITH DEDICATED TELEPHONE,
FACSIMILE, AND INTERNET SERVICE FOR SAID EMPLOYEES; (II) SUBLANDLORD SHALL BE
PERMITTED TO KEEP COMPUTERS IN THE IT CLOSET, AND SUBLANDLORD AND/OR ITS
EXTERNAL INFORMATION TECHNOLOGY SERVICE PERSONNEL SHALL HAVE NON-EXCLUSIVE
ACCESS TO SAID COMPUTERS AT ALL TIMES BY WAY OF BADGE ACCESS, AND SUBLANDLORD
WILL PROVIDE MONTHLY REPORTS TO SUBTENANT SHOWING WHICH INDIVIDUALS HAD ACCESS
TO THE IT CLOSET; (III) SUBTENANT SHALL BE PERMITTED NON-EXCLUSIVE ACCESS TO THE
PORTION OF THE PREMISES WHICH WILL ENABLE SUBLANDLORD'S EMPLOYEES AND GUESTS AND
OTHER INVITEES TO USE THE RESTROOMS DURING THE OFFICE LICENSE TERM; (IV) THE
EXACT EMPLOYEES AND ANY OF THEIR GUESTS, INVITEES, AND AGENTS SHALL HAVE THE
NON-EXCLUSIVE RIGHT TO TRAVEL TO AND FROM THE LICENSED OFFICE SPACE AND THE
COMMON AREAS THROUGH THE AREA SHOWN AS "LOBBY AREA" ON EXHIBIT A ATTACHED
HERETO; (V) THE LICENSED OFFICE SPACE SHALL INCLUDE A DEDICATED CONFERENCE ROOM
AND SOME REASONABLE STORAGE SPACE; (VI) SUBLANDLORD SHALL HAVE THE RIGHT TO USE
FIVE (5) PARKING SPOTS ADJACENT TO THE BUILDING; AND (VII) SUBLANDLORD SHALL
HAVE BADGE ACCESS TO THE LICENSED OFFICE SPACE, BUT SUBTENANT SHALL NOT HAVE
ACCESS TO THE LICENSED OFFICE SPACE PROVIDED, HOWEVER, THAT SUBTENANT AND
SUBLANDLORD (AND OVERLANDLORD) SHALL HAVE ACCESS TO ANY PORTION OF THE PREMISES
(INCLUDING ANY LICENSED SPACE) FOR EMERGENCY PURPOSES.
THE PARTIES AGREE THAT
SUBTENANT SHALL INSTALL THE WALL SHOWN AS "DIVIDING WALL" ON EXHIBIT A-1
ATTACHED HERETO AND THE DOOR SHOWN AS "INTERNAL DOOR" ON EXHIBIT A-1, PROMPTLY
FOLLOWING THE TERM COMMENCEMENT DATE.
THE LICENSE DESCRIBED IN THIS
SECTION 30(A) SHALL TERMINATE UPON EITHER (X) A TERMINATION OF THE OVERLEASE, OR
(Y) A DEFAULT BY SUBLANDLORD UNDER THIS SUBLEASE, PROVIDED THAT SUBTENANT SHALL
HAVE DELIVERED WRITTEN NOTICE OF SUCH DEFAULT TO SUBLANDLORD AND SUBLANDLORD
SHALL HAVE FAILED TO CURE SAID DEFAULT WITHIN TEN (10) BUSINESS DAYS OF DELIVERY
OF SUCH NOTICE.
(B)
SUBTENANT ALSO GRANTS TO SUBLANDLORD AN EXCLUSIVE LICENSE FOR THE
USE AND OCCUPANCY OF THAT PORTION OF THE PREMISES SHOWN AS "FREEZER FARM" ON THE
ATTACHED EXHIBIT A (THE "FREEZER FARM") FOR THE PURPOSE OF STORING AND UTILIZING
THE FREEZERS LOCATED THEREIN (THE "FREEZERS"), UNTIL THE LATER TO OCCUR OF:
(I) DECEMBER 31, 2008 OR (II) THE DATE ON WHICH SUBLANDLORD HAS VACATED THE