time to time.
1.10.
DEMISED PREMISES.
THE TERM "DEMISED PREMISES" AS DESCRIBED IN
ARTICLE 1.2 OF THIS LEASE SHALL BE AS OUTLINED IN RED ON THE FLOOR PLAN ATTACHED
HERETO AS EXHIBIT "A" AND SHALL INCLUDE THE APPURTENANCES SPECIFICALLY GRANTED
IN THIS LEASE, BUT RESERVING AND EXCEPTING TO LANDLORD THE RIGHT TO INSTALL,
MAINTAIN, USE, REPAIR AND REPLACE PIPES, DUCTWORK, CONDUITS, UTILITY LINES AND
WIRES THROUGH HUNG CEILING SPACE, COLUMN SPACE AND PARTITIONS, IN OR BENEATH THE
FLOOR SLAB OR ABOVE THE DEMISED PREMISES, OR OTHER PARTS OF THE CENTER, EXCEPT
THAT LANDLORD SHALL NOT UNREASONABLY INTERFERE WITH OR INTERRUPT THE BUSINESS
OPERATIONS OF TENANT WITHIN THE DEMISED PREMISES EXCEPT WHEN NECESSARY AS
DETERMINED BY LANDLORD, AND EXCEPT WHERE NECESSARY AS DETERMINED BY LANDLORD'S
ARCHITECT, NO PIPES, CONDUITS, UTILITY LINES OR WIRES INSTALLED BY LANDLORD
SHALL BE EXPOSED IN THE DEMISED PREMISES.
TENANT UNDERSTANDS, ACKNOWLEDGES AND
AGREES (I) THAT THE AMOUNT OF RENTABLE SQUARE FEET SET FORTH IN ARTICLE 1.2
ABOVE IS AN APPROXIMATION ONLY, AND (II) THAT SUCH AMOUNT OF RENTABLE SQUARE
FEET IS HEREBY ACCEPTED BY TENANT FOR ALL PURPOSES OF THIS LEASE.
1.11.
COMMON AREA.
THE TERM "COMMON AREA" (AS INITIALLY CONSTRUCTED OR
AS THE SAME MAY AT ANY TIME THEREAFTER BE ENLARGED OR REDUCED) SHALL MEAN ALL
AREAS, SPACES, FACILITIES, EQUIPMENT, SIGNS AND SPECIAL SERVICES FROM TIME TO
TIME MADE AVAILABLE BY LANDLORD FOR THE COMMON AND JOINT USE AND BENEFIT OF
LANDLORD, THE TENANT AND OTHER TENANTS AND OCCUPANTS OF THE CENTER, AND THEIR
RESPECTIVE EMPLOYEES, AGENTS, CUSTOMERS AND INVITEES.
1.12.
REAL ESTATE TAXES.
THE TERM "REAL ESTATE TAXES" SHALL MEAN ALL
TAXES AND ASSESSMENTS (SPECIAL OR OTHERWISE) LEVIED OR ASSESSED AGAINST THE
CENTER (LAND, BUILDING, AND IMPROVEMENTS) AND OTHER TAXES ARISING OUT OF THE USE
AND/OR OCCUPANCY OF THE DEMISED PREMISES IMPOSED BY FEDERAL, STATE, OR LOCAL
GOVERNMENTAL AUTHORITY OR ANY OTHER TAXING AUTHORITY HAVING JURISDICTION OVER
THE CENTER, BUT SHALL EXCLUDE FRANCHISE, CAPITAL STOCK, ESTATE OR INHERITANCE
TAXES PERSONAL IN NATURE TO LANDLORD.
1.13.
INSURANCE COSTS.
THE TERM "INSURANCE COSTS" SHALL BE DEEMED TO BE
PREMIUMS AND OTHER CHARGES PAID BY THE LANDLORD FOR FIRE INSURANCE, LIABILITY
INSURANCE, AND ALL
3
SPECIAL AND EXTENDED INSURANCE COVERAGE FOR THE CENTER IN AMOUNTS AND IN TYPES
OF COVERAGE AT THE SOLE DISCRETION OF LANDLORD.
1.14.
COMMON AREA OPERATING COSTS.
THE TERM "COMMON AREA OPERATING
COSTS" SHALL MEAN THE TOTAL COSTS AND EXPENSES INCURRED BY LANDLORD IN
OPERATING, MAINTAINING, MANAGING, REPAIRING AND REPLACING THE COMMON AREA AND
THE CENTER.
THERE SHALL BE EXCLUDED FROM COMMON AREA OPERATING COSTS THE
ORIGINAL COSTS OF CONSTRUCTING THE COMMON AREA AND THE CENTER, INCLUDING ANY
PORTIONS OF THE COMMON AREA OR THE CENTER CONSTRUCTED SUBSEQUENT TO THE DATE OF
THIS LEASE; HOWEVER, COMMON AREA OPERATING COSTS SHALL INCLUDE, IF ANY, THE
ANNUAL AMORTIZATION (OVER THE USEFUL LIFE) OF A CAPITAL IMPROVEMENT FALLING
WITHIN ANY OF THE FOLLOWING CATEGORIES:
(I) A LABOR SAVING DEVICE OR
IMPROVEMENT WHICH IS INTENDED TO REDUCE OR ELIMINATE ANY COMPONENT OF COMMON
AREA OPERATING COSTS;