AS EXHIBIT "L") WOULD MATERIALLY AND ADVERSELY AFFECT LESSEE'S USE OF THE
PREMISES, THIS LEASE SHALL GOVERN), AND TO GRANT RECIPROCAL EASEMENTS OR OTHER
RIGHTS TO USE THE COMMON AREA TO OWNERS OF OTHER PROPERTY.
"COMMON AREA"
INCLUDES, WITHOUT LIMITATION, (I) "PROJECT COMMON AREA" WHICH INCLUDES ALL
PORTIONS OF THE PROJECT OTHER THAN THE PROJECT BUILDINGS, INCLUDING LANDSCAPING,
SIDEWALKS, WALKWAYS, DRIVEWAYS, CURBS, PARKING LOTS (INCLUDING STRIPING),
ROADWAYS WITHIN THE PROJECT, SPRINKLER SYSTEMS, LIGHTING, SURFACE WATER DRAINAGE
SYSTEMS, AN AMENITIES/ATHLETIC FACILITY TO BE AVAILABLE FOR USE BY LESSEE'S
EMPLOYEES (THE "AMENITIES/ATHLETIC FACILITY"), AS WELL AS BASEBALL AND SOCCER
FIELDS, A WATER FRONT PARK, AND A PERIMETER WALKING/BIKING TRIAL, AND, TO THE
EXTENT REQUIRED BY GOVERNMENT AUTHORITIES HAVING JURISDICTION OVER LESSOR'S
DEVELOPMENT OF THE PROJECT, AMPHITHEATER, MARINE LIFE RESOURCE CENTER, RETREAT
AND CONFERENCE CENTER, CHILD CARE CENTER AND SUCH FURTHER PORTIONS OF THE
PROJECT OR ADDITIONAL OR DIFFERENT FACILITIES AS LESSOR MAY FROM TIME TO TIME
DESIGNATE OR INSTALL OR MAKE AVAILABLE FOR THE USE BY LESSEE IN COMMON WITH
OTHERS, AND (II) "BUILDING COMMON AREA" WHICH INCLUDES ALL MECHANICAL AREAS,
STAIRWELLS, ELEVATORS AND ELEVATOR SHAFTS, PIPE, CABLING AND WIRING SHAFTS,
TOGETHER WITH THEIR ENCLOSING WALLS, PLUS, TO THE EXTENT NOT LEASED TO AN
OCCUPANT, ALL ENTRANCES, ELEVATOR AND OTHER LOBBIES, COMMON CORRIDORS AND
HALLWAYS, RESTROOMS, JANITOR CLOSETS, TELEPHONE CLOSETS, ELECTRIC CLOSETS AND
OTHER PUBLIC OR COMMON AREAS LOCATED IN THE BUILDING.
SECTION 2.04.
PARKING.
LESSOR SHALL PROVIDE LESSEE WITH PARKING SPACES
WITHIN THE COMMON AREA IN THE RATIO TO SPACE WITHIN THE PREMISES AS REQUIRED BY
LAW WHICH IS THREE (3.0) SPACES PER ONE THOUSAND (1,000) SQUARE FEET OF SPACE
WITHIN THE PREMISES.
IN THE EVENT LESSOR ELECTS OR IS REQUIRED BY ANY LAW TO
LIMIT OR CONTROL PARKING AT THE PROJECT, WHETHER BY VALIDATION OF PARKING
TICKETS OR ANY OTHER METHOD OF ASSESSMENT, LESSEE AGREES TO PARTICIPATE IN SUCH
VALIDATION OR ASSESSMENT PROGRAM UNDER SUCH REASONABLE RULES AND REGULATIONS AS
ARE FROM TIME TO TIME ESTABLISHED BY LESSOR.
SECTION 2.05.
CONDITION OF PREMISES.
EXCEPT AS OTHERWISE EXPRESSLY
PROVIDED HEREIN, LESSOR SHALL DELIVER THE PREMISES TO LESSEE IN ITS THEN
EXISTING CONDITION, "AS IS, WHERE IS, WITH ALL FAULTS" WITHOUT ANY
REPRESENTATION OR WARRANTY AS TO THE CONDITION THEREOF WHATSOEVER.
4
(A)
TENANT IMPROVEMENTS.
NOTWITHSTANDING THE FOREGOING, PRIOR TO THE
COMMENCEMENT DATE, LESSOR, AT ITS SOLE COST AND EXPENSE, SHALL PERFORM THE
FOLLOWING IMPROVEMENTS ("TENANT IMPROVEMENTS"):
(I) IF THE PREMISES ARE LOCATED
IN BUILDING 6, THEN LESSOR SHALL CONSTRUCT SUCH DEMISING WALLS, IF ANY, AS MAY
BE NECESSARY TO SEPARATELY DEMISE THE PREMISES OR EACH PORTION THEREOF LOCATED
ON A DIFFERENT FLOOR OF BUILDING 6; OR (II) IF THE PREMISES ARE LOCATED IN A
PROJECT BUILDING OTHER THAN BUILDING 6, THEN LESSOR SHALL CONSTRUCT SUCH
DEMISING WALLS, IF ANY, AS MAY BE NECESSARY TO SEPARATELY DEMISE THE PREMISES OR
EACH PORTION THEREOF LOCATED ON A DIFFERENT FLOOR OF SUCH PROJECT BUILDING AND
LESSOR SHALL PERFORM SUCH IMPROVEMENTS IN THE PREMISES AS LESSOR MAY DEEM
NECESSARY OR DESIRABLE, IN LESSOR'S SOLE