SEVEN
PERCENT (7%), THEN THE COST OF TENANT'S INITIAL REVIEW, THE ACCOUNTANT AND THE
COST OF SUCH DETERMINATION SHALL BE PAID FOR BY LANDLORD.
IF THE RESOLUTION OF
THE PARTIES' DISPUTE WITH REGARD TO THE ADDITIONAL RENT UNDER THIS
SECTION (WHICH RESOLUTION SHALL INCLUDE THE BINDING DETERMINATION OF THE
ACCOUNTANT) REVEALS AN ERROR IN THE CALCULATION OF THE ADDITIONAL RENT TO BE
PAID BY TENANT, THE PARTIES' SOLE REMEDY SHALL BE FOR THE PARTIES TO MAKE
APPROPRIATE PAYMENTS OR REIMBURSEMENTS, INCLUDING INTEREST ON ANY OVER-PAYMENT
MADE BY TENANT OR UNDERPAYMENT DUE TO LANDLORD, AS THE CASE MAY BE, TO EACH
OTHER AS ARE DETERMINED TO BE OWING.
ANY SUCH PAYMENT SHALL BE MADE WITHIN
THIRTY (30) DAYS FOLLOWING THE RESOLUTION OF SUCH DISPUTE.
SUBJECT TO THE
EXPRESS TERMS HEREOF, THE TERMS OF THIS SECTION 4.7 SHALL SURVIVE THE
TERMINATION OF THIS LEASE TO ALLOW THE PARTIES TO ENFORCE THEIR RESPECTIVE
RIGHTS HEREUNDER.
TENANT HEREBY ACKNOWLEDGES THAT TENANT'S SOLE RIGHT TO
INSPECT LANDLORD'S BOOKS AND RECORDS AND TO CONTEST THE AMOUNT OF DIRECT
EXPENSES PAYABLE BY TENANT SHALL BE AS SET FORTH IN THIS SECTION 4.7, AND TENANT
HEREBY WAIVES ANY AND ALL OTHER RIGHTS PURSUANT TO APPLICABLE LAW TO INSPECT
SUCH BOOKS AND RECORDS AND/OR TO CONTEST THE AMOUNT OF DIRECT EXPENSES PAYABLE
BY TENANT.
13
ARTICLE 5
USE OF PREMISES
5.1
PERMITTED USE.
TENANT SHALL USE THE
PREMISES SOLELY FOR THE PERMITTED USE SET FORTH IN SECTION 7 OF THE SUMMARY AND
TENANT SHALL NOT USE OR PERMIT THE PREMISES OR THE PROJECT TO BE USED FOR ANY
OTHER PURPOSE OR PURPOSES WHATSOEVER WITHOUT THE PRIOR WRITTEN CONSENT OF
LANDLORD, WHICH MAY BE WITHHELD IN LANDLORD'S SOLE DISCRETION.
5.2
PROHIBITED USES.
TENANT FURTHER COVENANTS
AND AGREES THAT TENANT SHALL NOT USE, OR SUFFER OR PERMIT ANY PERSON OR PERSONS
TO USE, THE PREMISES OR ANY PART THEREOF FOR ANY USE OR PURPOSE CONTRARY TO THE
PROVISIONS OF THE RULES AND REGULATIONS SET FORTH IN EXHIBIT D, ATTACHED HERETO,
OR IN VIOLATION OF THE LAWS OF THE UNITED STATES OF AMERICA, THE STATE OF
CALIFORNIA, 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.
TENANT
SHALL NOT DO OR PERMIT ANYTHING TO BE DONE IN OR ABOUT THE PREMISES WHICH WILL
UNREASONABLY OBSTRUCT OR INTERFERE WITH THE RIGHTS OF OTHER TENANTS OR OCCUPANTS
OF THE PROJECT, OR INJURE OR ANNOY THEM OR USE OR ALLOW THE PREMISES TO BE USED
FOR ANY UNLAWFUL PURPOSE, NOR SHALL TENANT CAUSE, MAINTAIN OR PERMIT ANY
NUISANCE IN, ON OR ABOUT THE PREMISES.
TENANT SHALL COMPLY WITH, AND TENANT'S
RIGHTS AND OBLIGATIONS UNDER THE LEASE AND TENANT'S USE OF THE PREMISES SHALL BE
SUBJECT AND SUBORDINATE TO, ALL RECORDED EASEMENTS, COVENANTS, CONDITIONS, AND
RESTRICTIONS (COLLECTIVELY, "CC&RS") NOW OR HEREAFTER AFFECTING THE