The Building and The Project. The Premises consist of the entirety of the building set forth in Section 2.1 of the Summary (the “Building”). The term “Project,” as used in this Lease, shall mean # the Building, # the Common Areas, # the Property and the land upon which the Common Areas are located, and # the additional real property, areas, land, buildings and other improvements subject to that certain Declaration of Covenants, Conditions, Restrictions and Easements for Plaza Six, dated as of April 30, 1985 and recorded on April 30, 1985 as instrument Number 85-083796 in the Official Records of Alameda County, California (the “Official Records”), as amended by that certain First Amendment to Declaration of Covenants, Conditions, Restrictions, and Easements dated as of March 29, 2019, and recorded on March 29, 2019, as Instrument Number 2019-056223 in the Official Records, and that certain Second Amendment to Declaration of Covenants, Conditions, Restrictions, and Easements dated as of April 16, 2019, and recorded on May 1, 2019, as Instrument Number 2019-079180 in the Official Records (as amended, the “Declaration”).
Building Hours: 8:00 a.m. to 6:00 p.m. Monday through Friday (excluding Holidays) and 8:00 a.m. to 1:00 p.m. on Saturday (excluding Holidays).
Sustainability Practices. Subject to Tenants rights under this Lease, the Building may be operated pursuant to Landlords sustainable building practices, as same may be in effect or modified from time to time, but provided the same are commercially reasonable and consistent with general office use and do not unreasonably interfere with Tenants use or enjoyment of the Premises for the uses permitted hereby. Landlords sustainability practices may address, without limitation, whole-building operations and maintenance issues including chemical use; indoor air quality; energy efficiency; water efficiency; recycling programs; exterior maintenance programs; and systems upgrades to meet green building energy, water, and lighting performance standards. A copy thereof shall be provided to Tenant from time to time following Tenants written request therefor.
Interior surfaces of the exterior perimeter walls will be exposed glass, concrete or framing and provided with insulation as required to meet Title 24 energy compliance standards for the base building shell. Gypsum wallboard, tape and finish where required to cover framing and insulation is to be part of the Tenant Improvements.
The proposed # assignee shall have a financial standing capable of meeting the obligations to be assumed under the Lease (as reasonably determined by Landlord), and # assignee or subtenant be of a character, be engaged in a business, and propose to use the Premises, in a manner consistent with the permitted use and in keeping with the standards of the Building;
Suitability Standards, Representations, and Warranties. I represent and warrant that all of the information which I have furnished in this Subscription Agreement and in the accompanying Offeree Questionnaire is correct and complete as of the date of this Subscription Agreement, and will be correct and complete on the closing of the sale of the Units subscribed for, and the representations and warranties and agreements herein shall survive the closing date and may be relied upon by the Company and the selling agent in their reliance upon an exemption from registration under the Act and state securities laws.
Compliance with Law and Standards. Employee shall at all times comply with all applicable laws, rules, and regulations of any and all governmental authorities and the applicable standards, bylaws, rules, compliance programs, policies, and procedures of the Company of which Employee has knowledge (including any policies that apply only to executives). Employee further agrees that Employee will not engage in any conduct which, in the reasonable determination of the Company, adversely affects the image or business of the Company or would impair in any material respect Employee’s ability to carry out Employee’s duties hereunder except as otherwise required by a court, law, governmental agency, or regulation. Employee acknowledges that following the Effective Date, he will not have the authority to bind
Project or Building Name and Signage. shall have the right at any time to change the name of the Project or Building and to install, affix and maintain any and all signs on the exterior and on the interior of the Project or Building as may, in ’s sole discretion, desire. shall not use the name of the Project or Building or use pictures or illustrations of the Project or Building in advertising or other publicity or for any purpose other than as the address of the business to be conducted by in the Premises, without the prior written consent of .
If any improvements in or alterations to the Premises, whether owned by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which improvements conforming to Landlord’s building standards (the “Building Standard”) in other spaces in the Building are assessed, then the real property taxes and assessments levied against Landlord or the Building, the Property or the Project by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 10.2. Any such excess assessed valuation due to improvements in or alterations to space in the Project leased by other tenants at the Project shall not be included in Operating Expenses. If the records of the applicable governmental assessor’s office are available and sufficiently detailed to serve as a basis for determining whether such Tenant improvements or alterations are assessed at a higher valuation than the Building Standard, then such records shall be binding on both Landlord and Tenant.
Tenant not shall take any action that could cause the Building to lose its certification or status under any applicable Green Standard. In particular, Tenant shall comply with all restrictions set forth in the Green Standards. Tenant and Landlord acknowledge that this Section is a material term of this Lease and that it is a material consideration for both parties in entering into this Lease that the Building be developed and operated in a sustainable and resource efficient manner. Landlord shall be responsible for all required reporting under any applicable certification or rating system and the reasonable cost of such required reporting shall be included in Operating Charges; and Landlord shall promptly provide Tenant with copies of all reports submitted under any certification or rating system and the cost shall be included in Operating Charges; provided, however, Operating Charges shall not include and Landlord shall be solely responsible for all costs or expenses incurred to achieve or change any Green Standard for the Building. Tenant shall accurately respond to all reasonable requests for information from Landlord with respect to Tenants sustainability practices and as required to comply with or report on the Green Standards or for Landlord to compile reports required by any governmental agency or certifying body.
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