STATE OF CALIFORNIA, OR THE ORDINANCES,
REGULATIONS OR REQUIREMENTS OF THE LOCAL MUNICIPAL OR COUNTY GOVERNING BODY OR
OTHER LAWFUL AUTHORITIES HAVING JURISDICTION OVER THE PROJECT) INCLUDING,
WITHOUT LIMITATION, ANY SUCH LAWS, ORDINANCES, REGULATIONS OR REQUIREMENTS
RELATING TO HAZARDOUS MATERIALS OR SUBSTANCES, AS THOSE TERMS ARE DEFINED BY
APPLICABLE LAWS NOW OR HEREAFTER IN EFFECT; PROVIDED, HOWEVER, LANDLORD SHALL
NOT ENFORCE, CHANGE OR MODIFY THE RULES AND REGULATIONS IN A DISCRIMINATORY
MANNER AND LANDLORD AGREES THAT THE RULES AND REGULATIONS SHALL NOT BE
UNREASONABLY MODIFIED OR ENFORCED IN A MANNER WHICH WILL UNREASONABLY INTERFERE
WITH THE NORMAL AND CUSTOMARY CONDUCT OF TENANT'S BUSINESS.
TENANT SHALL NOT DO
OR PERMIT ANYTHING TO BE DONE IN OR ABOUT THE PREMISES WHICH WILL IN ANY WAY
DAMAGE THE REPUTATION OF THE PROJECT OR OBSTRUCT OR INTERFERE WITH THE RIGHTS OF
OTHER TENANTS OR OCCUPANTS OF THE BUILDING, OR INJURE OR UNREASONABLY ANNOY THEM
OR USE OR ALLOW THE PREMISES TO BE USED FOR ANY UNLAWFUL OR REASONABLY
OBJECTIONABLE PURPOSE, NOR SHALL TENANT CAUSE, MAINTAIN OR PERMIT ANY NUISANCE
IN, ON OR ABOUT THE PREMISES.
5.3
CC&RS.
TENANT SHALL COMPLY WITH ALL RECORDED COVENANTS,
CONDITIONS, AND RESTRICTIONS CURRENTLY AFFECTING THE PROJECT (INCLUDING, BUT NOT
LIMITED TO, THE PROHIBITION AGAINST USING ALL OR ANY PORTION OF THE PREMISES AS
A SCHOOL).
ADDITIONALLY, TENANT ACKNOWLEDGES THAT THE PROJECT MAY BE SUBJECT TO
ANY FUTURE COVENANTS, CONDITIONS, AND RESTRICTIONS (THE "CC&RS") WHICH LANDLORD,
IN LANDLORD'S DISCRETION, DEEMS REASONABLY NECESSARY OR DESIRABLE, AND TENANT
AGREES THAT THIS LEASE SHALL BE SUBJECT AND SUBORDINATE TO SUCH CC&RS; PROVIDED,
HOWEVER, ANY SUCH FUTURE CC&RS SHALL NOT MATERIALLY AND ADVERSELY AFFECT
TENANT'S USE OR OCCUPANCY OF THE PREMISES FOR THE PERMITTED USE NOR ANY OF
TENANT'S RIGHTS HEREUNDER.
LANDLORD HEREBY ACKNOWLEDGES THAT GENERAL OFFICE USE
DOES NOT VIOLATE THE CC&R'S.
LANDLORD SHALL HAVE THE RIGHT TO REQUIRE TENANT TO
EXECUTE AND ACKNOWLEDGE, WITHIN FIFTEEN (15) BUSINESS DAYS OF A REQUEST BY
LANDLORD, A "RECOGNITION OF COVENANTS, CONDITIONS, AND RESTRICTION," IN A FORM
SUBSTANTIALLY SIMILAR TO THAT ATTACHED HERETO AS EXHIBIT F, AGREEING TO AND
ACKNOWLEDGING THE CC&RS.
ARTICLE 6
SERVICES AND UTILITIES
6.1
STANDARD TENANT SERVICES.
LANDLORD SHALL PROVIDE THE FOLLOWING
SERVICES ON ALL DAYS (UNLESS OTHERWISE STATED BELOW) DURING THE LEASE TERM.
6.1.1
SUBJECT TO LIMITATIONS IMPOSED BY ALL GOVERNMENTAL RULES,
REGULATIONS AND GUIDELINES APPLICABLE THERETO, LANDLORD SHALL PROVIDE HEATING
AND AIR CONDITIONING ("HVAC") WHEN NECESSARY FOR NORMAL COMFORT FOR NORMAL
OFFICE USE IN THE PREMISES FROM 7:00 A.M. TO 6:00 P.M. MONDAY THROUGH FRIDAY,
AND ON SATURDAYS FROM 9:00 A.M. TO 1:00 P.M. (COLLECTIVELY, THE "BUILDING
HOURS"), EXCEPT FOR THE DATE OF OBSERVATION OF NEW YEAR'S DAY, MEMORIAL DAY,
INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, CHRISTMAS DAY AND, AT LANDLORD'S
DISCRETION, OTHER LOCALLY OR NATIONALLY RECOGNIZED HOLIDAYS (COLLECTIVELY, THE
"HOLIDAYS"); PROVIDED, HOWEVER, LANDLORD ACKNOWLEDGES THAT, PURSUANT TO TENANT'S
REQUIREMENTS, IN NO EVENT SHALL HOLIDAYS INCLUDE MARTIN LUTHER KING DAY,
COLUMBUS DAY OR VETERANS DAY.
THE DAILY TIME PERIODS IDENTIFIED HEREINABOVE ARE
SOMETIMES REFERRED TO AS THE "BUSINESS HOURS."
6.1.2