SHARE OF OPERATING EXPENSES) OR MATERIALLY DECREASE TENANT'S
RIGHTS UNDER THIS LEASE.
1.1.3
COMMON AREAS.
TENANT SHALL HAVE THE NON-EXCLUSIVE RIGHT TO USE
IN COMMON WITH OTHER TENANTS IN THE PROJECT, AND SUBJECT TO THE RULES AND
REGULATIONS REFERRED TO IN ARTICLE 5 OF THIS LEASE, THOSE PORTIONS OF THE
PROJECT WHICH ARE PROVIDED, FROM TIME TO TIME, FOR USE IN COMMON BY LANDLORD,
TENANT AND ANY OTHER TENANTS OF THE PROJECT (SUCH AREAS, TOGETHER WITH SUCH
OTHER PORTIONS OF THE PROJECT DESIGNATED BY LANDLORD, IN ITS DISCRETION,
INCLUDING CERTAIN AREAS DESIGNATED FOR THE EXCLUSIVE USE OF CERTAIN TENANTS, OR
TO BE SHARED BY LANDLORD AND CERTAIN TENANTS, ARE COLLECTIVELY REFERRED TO
HEREIN AS THE "COMMON AREAS").
THE COMMON AREAS SHALL CONSIST OF THE "PROJECT
COMMON AREAS" AND THE "BUILDING COMMON AREAS."
THE TERM "PROJECT COMMON AREAS,"
AS USED IN THIS LEASE, SHALL MEAN THE PORTION OF THE PROJECT DESIGNATED AS SUCH
BY LANDLORD.
THE TERM "BUILDING COMMON AREAS," AS USED IN THIS LEASE, SHALL
MEAN THE PORTIONS OF THE COMMON AREAS LOCATED WITHIN THE BUILDING DESIGNATED AS
SUCH BY LANDLORD.
THE MANNER IN WHICH THE COMMON AREAS ARE MAINTAINED AND
OPERATED SHALL BE AT THE SOLE DISCRETION OF LANDLORD AND THE USE THEREOF SHALL
BE SUBJECT TO SUCH RULES, REGULATIONS AND RESTRICTIONS AS LANDLORD MAY MAKE FROM
TIME TO TIME.
LANDLORD RESERVES THE RIGHT TO CLOSE TEMPORARILY, MAKE
ALTERATIONS OR ADDITIONS TO, OR CHANGE THE LOCATION OF ELEMENTS OF THE PROJECT
AND THE COMMON AREAS.
NOTWITHSTANDING ANYTHING ABOVE TO THE CONTRARY, LANDLORD
SHALL MAINTAIN AND OPERATE THE PROJECT IN A MANNER MATERIALLY CONSISTENT WITH
THAT OF OTHER FIRST-CLASS, MID-RISE OFFICE BUILDINGS IN THE SUBURBAN LONG BEACH
AIRPORT SUBMARKET, CALIFORNIA, WHICH ARE COMPARABLE IN TERMS OF SIZE, AGE,
QUALITY OF CONSTRUCTION, APPEARANCE, AND QUALITY OF COMMON AREA IMPROVEMENTS
(THE "COMPARABLE BUILDINGS").
EXCEPT WHEN AND WHERE TENANT'S RIGHT OF ACCESS IS
SPECIFICALLY EXCLUDED AS THE RESULT OF (I) AN EMERGENCY, (II) A REQUIREMENT BY
APPLICABLE LAWS, OR (III) A SPECIFIC PROVISION SET FORTH IN THIS LEASE, TENANT
SHALL HAVE THE RIGHT OF ACCESS TO THE PREMISES, THE BUILDING, THE COMMON AREAS
AND THE PROJECT PARKING FACILITY TWENTY-FOUR (24) HOURS PER DAY, SEVEN (7) DAYS
PER WEEK DURING THE "LEASE TERM," AS THAT TERM IS DEFINED IN SECTION 2.1 OF THIS
LEASE, PROVIDED THAT TENANT'S ACCESS TO THE SAME SHALL BE SUBJECT TO LANDLORD'S
REASONABLE SECURITY AND/OR ACCESS RULES AND REGULATIONS (IF ANY) ENFORCED AT THE
PROJECT, SPECIFICALLY INCLUDING, BUT NOT LIMITED TO, ANY REASONABLE
RULES RESTRICTING OR PROHIBITING ACCESS TO CERTAIN PORTIONS OF THE COMMON AREAS
AND/OR THE PROJECT PARKING FACILITY DURING TIMES OTHER THAN THE NORMAL BUSINESS
HOURS FOR THE PROJECT.
1.2
LANDLORD'S DELIVERY OF THE PREMISES.
LANDLORD AND TENANT HEREBY
ACKNOWLEDGE THAT SUITES 550, 560 AND 570 ARE CURRENTLY OCCUPIED BY THIRD PARTIES
PURSUANT TO EXISTING LEASES (THE "EXISTING LEASES").
NOTWITHSTANDING THE FULL
EXECUTION AND DELIVERY OF THIS LEASE BETWEEN LANDLORD AND TENANT, LANDLORD'S
ABILITY TO DELIVER THE PREMISES TO TENANT IS CONTINGENT UPON (I) SUCH APPLICABLE
THIRD