LEASE AND SHALL REPAIR ANY DAMAGE TO THE BUILDING
CAUSED BY SUCH REMOVAL AND RETURN THE AFFECTED PORTION OF THE PREMISES TO A
BUILDING STANDARD TENANT IMPROVED CONDITION AS DETERMINED BY LANDLORD.
SUCH
CENTRAL PLANT AREA SHALL, IN ALL INSTANCES, COMPLY WITH APPLICABLE GOVERNMENTAL
LAWS, CODES, RULES AND REGULATIONS.
29.36
NO DISCRIMINATION.
TENANT COVENANTS BY AND FOR
ITSELF, ITS HEIRS, EXECUTORS, ADMINISTRATORS AND ASSIGNS, AND ALL PERSONS
CLAIMING UNDER OR THROUGH TENANT, AND THIS LEASE IS MADE AND ACCEPTED UPON AND
SUBJECT TO THE FOLLOWING CONDITIONS:
THAT THERE SHALL BE NO DISCRIMINATION
AGAINST OR SEGREGATION OF ANY PERSON OR GROUP OF PERSONS, ON ACCOUNT OF RACE,
COLOR, CREED, SEX, RELIGION, MARITAL STATUS, ANCESTRY OR NATIONAL ORIGIN IN THE
LEASING, SUBLEASING, TRANSFERRING, USE, OR ENJOYMENT OF THE PREMISES, NOR SHALL
TENANT ITSELF, OR ANY PERSON CLAIMING UNDER OR THROUGH TENANT, ESTABLISH OR
PERMIT SUCH PRACTICE OR PRACTICES OF DISCRIMINATION OR SEGREGATION WITH
REFERENCE TO THE SELECTION, LOCATION, NUMBER, USE OR OCCUPANCY, OF TENANTS,
LESSEES, SUBLESSEES, SUBTENANTS OR VENDEES IN THE PREMISES.
29.37
10445 PREMISES; SUBLEASE SPACE; ALTERNATE TEMPORARY
SPACE.
LANDLORD SHALL USE COMMERCIALLY REASONABLE EFFORTS TO CAUSE THE
TERMINATION OF THE NUERA LEASE (WHICH TERMINATION SHALL OCCUR FOLLOWING THE FULL
EXECUTION AND UNCONDITIONAL DELIVERY [I.E., WITH NO CONDITIONS TO THE
EFFECTIVENESS OF SUCH TERMINATION AGREEMENT OUTSTANDING] OF A LEASE TERMINATION
AGREEMENT WITH RESPECT TO THE NUERA LEASE, IN A MANNER ACCEPTABLE TO LANDLORD IN
ITS SOLE AND ABSOLUTE DISCRETION) TO OCCUR ON OR BEFORE JANUARY 31, 2006;
PROVIDED, HOWEVER, THAT LANDLORD SHALL HAVE NO LIABILITY WHATSOEVER TO TENANT
RELATING TO OR ARISING FROM LANDLORD'S INABILITY OR FAILURE TO ENTER INTO SUCH A
TERMINATION AGREEMENT OR DELIVER THE 10445 PREMISES TO TENANT, OR LANDLORD'S
DELAY IN ENTERING INTO SUCH A TERMINATION AGREEMENT OR DELIVERING THE 10445
PREMISES TO TENANT.
29.37.1
NUERA SUBLEASE.
IN THE EVENT THAT LANDLORD IN UNABLE TO
TIMELY CAUSE THE TERMINATION OF THE NUERA LEASE ON OR BEFORE JANUARY 31, 2006,
THEN COMMENCING AS OF SUCH DATE, TENANT SHALL USE GOOD FAITH, DILIGENT EFFORTS
TO ENTER INTO A SUBLEASE AGREEMENT DIRECTLY WITH NUERA (THE "NUERA SUBLEASE") ON
TERMS ACCEPTABLE TO TENANT IN ITS REASONABLE DISCRETION, WHEREBY TENANT WOULD
SUBLEASE FROM NUERA AT LEAST 20,000 RENTABLE SQUARE FEET OF THE 10445 PREMISES
AND WHICH NUERA SUBLEASE WOULD COMMENCE NO LATER THAN JUNE 1, 2006.
THE PARTIES
HERETO ACKNOWLEDGE THAT LANDLORD IS USING, AND LANDLORD AGREES TO CONTINUE TO
USE COMMERCIALLY REASONABLE EFFORTS TO ASSIST TENANT IN ENTERING INTO SUCH NUERA
SUBLEASE.
LANDLORD SHALL HAVE NO LIABILITY WHATSOEVER TO TENANT RELATING TO OR
ARISING FROM ANY INABILITY OF TENANT TO ENTER INTO SUCH NUERA SUBLEASE OR ANY
DELAY IN TENANT'S OCCUPANCY OF THE SUBLEASE PREMISES UNDER SUCH NUERA SUBLEASE.
69
29.37.2
TEMPORARY SPACE. IN THE EVENT THAT LANDLORD IN UNABLE TO
TIMELY CAUSE THE TERMINATION OF THE NUERA LEASE AS SET FORTH IN SECTION 29.37,
ABOVE, AND IN THE EVENT THAT DESPITE TENANT'S GOOD FAITH, DILIGENT EFFORTS,
TENANT IS UNABLE TO ENTER INTO SUCH NUERA SUBLEASE AS SET FORTH IN