DISABILITIES ACT AND ANY RULES
AND REGULATIONS PROMULGATED THEREUNDER OR IN CONNECTION THEREWITH.
TENANT
FURTHER ACKNOWLEDGES AND AGREES THAT BEING AN AFFILIATE OF THE PRIOR OWNER OF
THE PROPERTY AND HAVING BEEN GIVEN THE OPPORTUNITY TO INSPECT THE DEMISED
PREMISES AND PROPERTY, TENANT IS RELYING SOLELY ON ITS OWN INVESTIGATION.
TENANT FURTHER ACKNOWLEDGES AND AGREES THAT THE DEMISED PREMISES ARE LEASED ON
AN "AS IS, WHERE IS" CONDITION AND BASIS "WITH ALL FAULTS."
I.
COMMON AREAS.
DURING THE LEASE TERM, TENANT SHALL HAVE THE
NON-EXCLUSIVE RIGHT TO USE THE COMMON AREAS FOR THE BUILDING (COLLECTIVELY,
"COMMON AREAS"), WHICH MAY INCLUDE, AS APPLICABLE, DRIVEWAYS, WALKWAYS, THE
COMMON CORRIDORS, HALLWAYS, STAIRWELLS, ELEVATORS, RESTROOMS, THE MAIN GROUND
FLOOR LOBBY AND OTHER PUBLIC OR COMMON AREAS LOCATED WITHIN THE PROPERTY
(EXCLUDING THE ROOF); PROVIDED, HOWEVER, TENANT'S USE OF SUCH COMMON AREAS SHALL
BE:
(I) IN COMMON WITH LANDLORD AND OTHER TENANTS IN THE BUILDING AND THEIR
EMPLOYEES, CUSTOMERS, AGENTS, SUBTENANTS, ASSIGNEES, CONTRACTORS, INVITEES AND
LICENSEES; AND (II) SUBJECT TO ANY COVENANTS, CONDITIONS AND RESTRICTIONS
REGARDING THE USE THEREOF NOW OR HEREAFTER RECORDED AGAINST THE REAL PROPERTY
AND SUCH REASONABLE, NON-DISCRIMINATORY RULES,
2
REGULATIONS AND RESTRICTIONS AS LANDLORD MAY MAKE FROM TIME TO TIME (WHICH SHALL
BE PROVIDED IN WRITING TO TENANT).
II.
EQUIPMENT ROOM.
DURING THE LEASE TERM, LANDLORD GRANTS TENANT
THE RIGHT TO INSTALL, OPERATE AND MAINTAIN, AT TENANT'S SOLE COST AND EXPENSE
BUT FREE FROM RENT OR OTHER CHARGE, IN THE EQUIPMENT ROOM LOCATED ON THE FIRST
(1ST) FLOOR OF THE BUILDING AS DEPICTED ON EXHIBIT E HERETO (THE "EQUIPMENT
ROOM") CERTAIN COMPUTER AND TELEPHONE EQUIPMENT OF SUBTENANT, TO CONNECT TO THE
EXISTING SOURCE OF POWER LOCATED THEREIN.
SUBJECT TO THE TERMS OF THIS LEASE,
TENANT WILL HAVE THE RIGHT TO ACCESS THE EQUIPMENT ROOM 24 HOURS PER DAY, 7 DAYS
PER WEEK. EACH PARTY AGREES TO REFRAIN FROM, AND TO CAUSE OTHERS WITHIN ITS
CONTROL TO REFRAIN FROM, ACCESSING, DISTURBING OR DAMAGING THE COMPUTER OR
TELEPHONE EQUIPMENT OF THE OTHER PARTY, AND LANDLORD SHALL ADHERE TO TENANT'S
REASONABLE SECURITY AND PRIVACY POLICIES AND PROCEDURES.
THE EQUIPMENT
ROOM SHALL BE DEEMED TO BE A PART OF THE DEMISED PREMISES LEASED TO TENANT
HEREUNDER.
TERMS
I.
TERM COMMENCEMENT.
A.
LEASE TERM.
SUBJECT TO THE TERMS, COVENANTS, AGREEMENTS AND
CONDITIONS HEREIN CONTAINED, TENANT SHALL HAVE AND HOLD THE DEMISED PREMISES
COMMENCING ON THE LEASE COMMENCEMENT DATE AND EXPIRING AT MIDNIGHT ON
JANUARY 31, 2009 (THE "EXPIRATION DATE").
B.
VACATION BY EXISTING OCCUPANT.
TENANT WILL VACATE THE FLOORS OF
THE BUILDING NOT INCLUDED IN THE DEMISED PREMISES AND THE COMMON AREAS WITHIN
THE BUILDING (COLLECTIVELY, THE "VACATED AREAS") BY THE LEASE COMMENCEMENT DATE
AND SURRENDER THE SAME TO LANDLORD IN A BROOM CLEAN CONDITION ONLY (WITHOUT ANY
FURTHER OBLIGATION UNDER THIS LEASE) AND WILL CONSOLIDATE ITS OPERATIONS IN THE
DEMISED PREMISES.
UPON SUCH VACATION BY TENANT, TENANT SHALL DELIVER (OR SHALL
CAUSE SELLER TO DELIVER) TO LANDLORD THE KEYS TO THE VACATED AREAS AND THE
DEMISED PREMISES.
HOWEVER, LANDLORD ACKNOWLEDGES AND AGREES THAT TENANT