WITHIN THE PARKING AREAS
SHALL NOT BE REDUCED, AND (Y) ACCESS TO AND FROM THE PARKING AREAS (I.E., THE
INGRESS AND EGRESS
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BETWEEN PARKING AREAS AND THE STREET, AND INGRESS AND EGRESS BETWEEN THE PARKING
AREAS AND THE LEASED PREMISES) SHALL REMAIN EQUIVALENT TO, OR BECOME BETTER
THAN, THE ACCESS TO AND FROM THE PARKING AREAS AVAILABLE ON THE COMMENCEMENT
DATE;
(2)
ACCESS TO AND FROM THE LEASED PREMISES (I.E., THE INGRESS AND
EGRESS BETWEEN THE LEASED PREMISES AND THE STREET) SHALL REMAIN EQUIVALENT TO,
OR BECOME BETTER THAN, THE ACCESS TO AND FROM THE LEASED PREMISES AVAILABLE ON
THE COMMENCEMENT DATE, AND
(3)
NEITHER (I) THE VISIBILITY OF THE GROUND FLOOR PORTION(S) OF THE
LEASED PREMISES, NOR (II) THE VISIBILITY OR PROMINENCE OF ANY TENANT'S BUILDING
SIGNAGE SHALL BE ADVERSELY AFFECTED.
(B)
LANDLORD SHALL HAVE THE RIGHT TO CLOSE, FROM
TIME TO TIME, PORTIONS OF THE COMMON AREAS FOR SUCH TEMPORARY PERIODS AS
LANDLORD REASONABLY DEEMS LEGALLY NECESSARY AND SUFFICIENT TO EVIDENCE
LANDLORD'S OWNERSHIP AND CONTROL THEREOF SO AS TO PREVENT ANY CLAIM OF ADVERSE
POSSESSION BY, OR ANY IMPLIED OR ACTUAL DEDICATION TO, THE PUBLIC OR ANY PARTY
OTHER THAN LANDLORD, SO LONG AS A REASONABLE MEANS OF INGRESS AND EGRESS TO AND
FROM THE LEASED PREMISES IS MAINTAINED AT ALL TIMES.
(C)
LANDLORD MAY MAKE ALTERATIONS TO THE
LEASABLE AREAS OTHER THAN THE LEASED PREMISES; PROVIDED, HOWEVER, THAT NO
REDUCTION MADE TO THE AGGREGATE AMOUNT OF LEASABLE AREAS SHALL REDUCE THE
DENOMINATOR USED IN COMPUTING TENANT'S OCCUPANCY PERCENTAGE.
14.21
Waiver of Jury Trial
LANDLORD AND TENANT EACH HEREBY WAIVES ITS RIGHT TO A JURY TRIAL OF ANY ISSUE OR
CONTROVERSY ARISING UNDER THIS LEASE.
14.22
Termination of Lease
If, as of any date occurring after the Commencement Date and prior to the
Expiration Date, no space is demised under this Lease (i.e., (i) no Leased
Premises shall be demised hereunder, and (ii) no Release Premises shall be
demised hereunder), then, effective as of such date, this Lease (if, for any
reason, not already terminated) shall automatically terminate and be of no
further force or effect, and, accordingly, neither Landlord nor Tenant shall
have any further rights or obligations hereunder (or under the Master Agreement
with respect to this Lease).
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ARTICLE XV
ADDITIONAL PROVISIONS(13)
(13)
Insert appropriate version of Article XV into each
Lease at Closing, per the provisions of Section 25 of the Purchase Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the date
aforesaid.(14)
LANDLORD:
Witness(15):
FIRST STATES INVESTORS 3300,
LLC, a Delaware limited liability company
By:
Name:
Name:
Title:
TENANT:
Witness:
WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association
By:
Name:
Name:
[
]
Title:
[
]
(14)
Add Acknowledgments as required by State law.
(15)
In Florida, 2 witnesses to Landlord's signature
are required.
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