Tenant Generator. If required in connection with Tenant’s operations in the Premises, Tenant shall have the right, at Tenant's sole cost and expense, to install a back-up generator and the pad upon which it is located (the "Tenant Generator") in an area of the Project to be reasonably and mutually agreed upon by Landlord and Tenant (the "Generator Area"). If the Generator Area is located in the Project parking area, then any parking spaces lost by the installation of the Tenant Generator shall be deducted from Tenant’s parking allotment under this Lease. For purposes of this Section 6.6, the "Tenant Generator" shall be deemed to include, without limitation, all associated equipment, connections and/or facilities. The installation of the Tenant Generator shall be done in accordance with the terms of Article 8, below, and all plans and specifications relating to the Tenant Generator shall be subject to the prior approval of Landlord, which shall not be unreasonably withheld. Tenant acknowledges that Landlord may require (in Landlord's sole discretion) that Tenant, at Tenant's sole cost and expense, install screening, landscaping or other improvements satisfactory to Landlord (in Landlord's sole discretion) in order to satisfy Landlord's reasonable aesthetic requirements in connection with the area surrounding the Generator, all at Tenant's sole cost and expense. Tenant shall be responsible, at Tenant's sole cost and expense, to keep and maintain the Tenant Generator in good condition and repair and in compliance with all applicable laws. The Tenant Generator and Generator Area shall be deemed to be a part of the Premises for purposes of the insurance and indemnification provisions of this Lease, and, in addition, Tenant shall maintain, at Tenant's cost, industry standard property insurance coverage with respect thereto. At Landlord's option, Landlord may require that Tenant remove the Tenant Generator upon the expiration or earlier termination of this Lease, and repair all damage to the Building or Project resulting from such removal, and to restore all affected areas to their condition existing prior to the installation of the Tenant Generator, all at Tenant's sole cost and expense. The foregoing obligations of Tenant shall survive the expiration or earlier termination of this Lease.
TENANT PARKING. Tenant shall have the right, without the payment of any parking charge or fee (other than as a reimbursement of operating expenses to the extent allowed pursuant to the terms or Article 4 of this Lease, above), commencing on the Lease Commencement Date, to use the amount of parking set forth in Section 9 of the Summary, in the on-site parking lot and garage which serves the Building. Tenant shall abide by all reasonable rules and regulations which are prescribed from time to time for the orderly operation and use of the parking facility where the parking passes are located (including any sticker or other identification system established by Landlord and the prohibition of vehicle repair and maintenance activities in the parking facilities), and shall cooperate in seeing that Tenant's employees and visitors also comply with such rules and regulations. Tenant's use of the Project parking facility shall be at Tenant's sole risk and Tenant acknowledges and agrees that Landlord shall have no liability whatsoever for damage to the vehicles of Tenant, its employees and/or visitors, or for other personal injury or property damage or theft relating to or connected with the parking rights granted herein or any of Tenant's, its employees' and/or visitors' use of the parking facilities. Landlord shall designate ten (10) parking spaces near the entry of the Building as being reserved for use by visitors to the Building (including visitors of other tenants). Tenant shall have the right to use, on a first come, first served basis in common with the other tenants of the Project, the electric vehicle chargers located adjacent to the Building (the “EV Spaces”). Landlord anticipates installing at least ten (10) EV Spaces. In addition Tenant shall have the right at Tenant’s sole cost and expense, to install additional electric car chargers, subject to Landlord’s review of the specifications therefor and compliance with the terms in Article 8 above and/or Exhibit B, as applicable, in spots mutually agreed upon by Landlord and Tenant for the exclusive use of Tenant and its employees, contractors and visitors, and to mark such spaces as being reserved (which spaces shall be deducted from the number of spaces that Tenant is entitled to use under Section 9 of the Summary)(the “Tenant EV Spaces”). Any such Tenant EV Spaces and the Existing EV Spaces shall be used by Tenant in accordance with the applicable terms of this Lease, and the terms of the indemnification and insurance provisions hereof shall apply to Tenant’s use thereof. Tenant shall maintain the Tenant EV Spaces and all associated equipment in good operating order and safe condition, in compliance with all applicable laws, at Tenant’s sole cost and expense.
Tenant Funds. Any additional funds required to complete the cost of the work, that are in excess of or elected by the Tenant to be used in place of the Tenant Improvement Allowance and the Additional TI Allowance, shall be considered "Tenant Funds." The total cost to construct the Tenant Improvements as managed by Landlord and the Project Manager under this Work Letter shall be the "Project Budget." Landlord understands that at the time of the agreed upon Guaranteed Maximum Price (GMP), the Tenant Funds amount is an estimate and exact costs will not be known until project closeout. Tenant is required, at the time of agreement of the GMP, to provide a purchase order to the Landlord for the full estimated amount of the Tenant Funds. In the event the Tenant Funds at project closeout are less than the amount agreed upon within the Project Budget, Landlord will only bill Tenant for the Tenant Funds that have been utilized. In the event the Tenant Funds exceed the amount agreed upon within the Project Budget, through added scope changes, the Tenant shall provide additional purchases orders to the Landlord, which will be included in the Tenant Change Request process that the Landlord’s representative administers.
Tenant Access. Provided that Tenant and its agents do not interfere with Contactor’s work in the Building and the Premises (including by the use of non-union vendors without prior coordination with Landlord), Contractor and Landlord shall allow Tenant access to the Premises at least thirty (30) days prior to the Substantial Completion of the Landlord’s TI Work without payment of Rent for the purpose of Tenant installing equipment, furniture or fixtures (including Tenant’s data and telephone equipment) in the Premises and preparing the Premises for occupancy. Prior to Tenant’s entry into the Premises as permitted by the terms of this Section 6, Tenant shall submit a schedule to Landlord and Contractor, for their approval, which schedule shall detail the timing and purpose of Tenant’s entry. Tenant shall hold Landlord harmless from and indemnify, protect and defend Landlord against any loss or damage to the Building or Premises and against injury to any persons caused by Tenant’s actions pursuant to this Section 6.
Tenant Representations. Tenant represents and warrants to Landlord that # Tenant is the current tenant under the Lease, # Tenant has not sublet, assigned, licensed, hypothecated, pledged, sold or otherwise transferred or conveyed any interest in the Lease or the Demised Premises to any other party, and no party other than Tenant has any tenancy interest whatsoever in the Lease or the Demised Premises (or any portion thereof), # no third party consent is required for the execution and performance of this Agreement by Tenant, # to Tenant’s actual knowledge, on the effective date hereof, Landlord is not in default under the Lease and Tenant has no claims against Landlord, nor is Tenant entitled to any concession, rebate, allowance or free rent (except as set forth in this Agreement), # there is no leasehold mortgage affecting the Lease or the Demised Premises, # Tenant has the full right and authority to enter into this Agreement and the transactions contemplated herein and the person signing this Agreement and any other document or instrument contemplated hereby on behalf of Tenant is duly authorized to do so, # this Agreement and all other documents to be executed by Tenant in connection herewith are legal, valid, and binding obligations of Tenant and are enforceable against Tenant in accordance with their respective terms, and # to Tenant’s actual knowledge, there are no mechanic’s, materialmen’s or other liens created by Tenant or anyone claiming by, through or under Tenant affecting the Demised Premises or the land or improvements of which the Demised Premises are a part. Tenant acknowledges that Landlord is relying on the foregoing representations and warranties in entering into this Agreement and that such representations shall survive the termination of the Lease.
Tenant Indemnification. Tenant shall indemnify, defend by counsel reasonably acceptable to Landlord, protect and hold Landlord, Wilson Meany, L.P. and their respective directors, shareholders, investment managers, partners, lenders, members, managers, contractors, affiliates, employees, trustees, principals, beneficiaries, officers, mortgagees and agents (each a Landlord Party and collectively, the Landlord Parties) harmless from and against any and all claims, liabilities, losses, costs, loss of rents, liens, damages, injuries or expenses, including reasonable attorneys and consultants fees and court costs, demands, causes of action, or judgments (collectively, Losses), directly or indirectly arising out of or related to: # the use or occupancy or manner of use or occupancy of the Premises (including the Roof Top Area) by Tenant or any Tenant Party; or # any injury or death of any person or damage to or destruction of property occurring in the Premises (including the Roof Top Area), from any cause whatsoever; or # any injury or death of any person or damage to or destruction of property occurring in, on or about the Building or Project or in the vicinity of the Building or Project, including the Common Areas and Parking Facilities, to the extent such injury, death or damage is caused by the negligence or willful misconduct of Tenant or any Tenant Parties; or # Tenants use of the roof of the Building pursuant to Paragraph 38; or # the installation, use, operation, maintenance, replacement and/or removal of the Generator Equipment or any portion. The foregoing indemnity by Tenant shall not be applicable to claims to the extent arising from the gross negligence or willful misconduct of Landlord. Landlord shall not be liable to Tenant and Tenant hereby waives all claims against Landlord for any injury to or death of, or damage to any person or property or business loss in or about the Premises, Building or Project by or from any cause whatsoever (other than Landlords gross negligence or willful misconduct) and, without limiting the generality of the foregoing, whether caused by water leakage of any character from the roof, walls, basement or other portion of the Premises, Building or Project, or caused by gas, fire, oil or electricity in, on or about the Premises, Building or Project, acts of God or of third parties, or any matter outside of the reasonable control of Landlord. The provisions of this Paragraph shall survive the expiration or earlier termination of this Lease.
Tenant Remedies. Notwithstanding anything to the contrary in this Lease, if Tenant claims that Landlord has unreasonably withheld, conditioned, or delayed its consent under this Paragraph 22 or otherwise has breached or acted unreasonably under this Paragraph 22, Tenants remedies shall be declaratory judgment and an injunction for the relief sought, and/or an action for compensatory monetary damages, and Tenant hereby waives all other remedies, including, without limitation, any right provided under California Civil Code Section 1995.310 or other Applicable Laws to terminate this Lease.
Tenant Requested. Tenant may notify Landlord in writing, on or before September 15, 2015, if Tenant desires any modifications to # the lighting within the interior first floor lobby, # the floor finishes of the first floor lobby, # the wall finishes of the first and second floor lobby (excluding the glass entry façade), # the balcony treatment of the second floor lobby, # the interior of the elevator cabs and # the finishes and fixtures within the restrooms (Proposed Modifications). No modifications to the concrete shear wall within the lobby or to the glass curtain wall systems opening from the Building to the plaza will be permitted. Tenants notice must be sufficiently detailed to permit Landlords architect to timely incorporate any such Proposed Modifications into the Building Plans. Landlord shall not unreasonably withhold its approval of the Proposed Modifications, provided that, without limiting the generality of the foregoing, it shall be reasonable to disapprove such Proposed Modifications for the reasons specified in [Section 2.2.1] below or if such Proposed Modifications would delay Substantial Completion of the Base Building Improvements or if Tenant requests any materials, finishes, or installations which are not readily available. Landlord shall perform or cause to be performed any Proposed Modifications approved by Landlord pursuant to this [Section 1.2.2] as part of the Base
Tenant Default. In addition to any other default of Tenant pursuant to the Lease, any of the following shall be deemed to be a material default of Tenant if such failure continues for more than thirty (30) days after written notice from Landlord; provided that if such failure cannot reasonably be cured within a thirty (30) day period, a default shall not be deemed to have occurred if Tenant promptly commences such cure within said period of thirty (30) days, and thereafter diligently pursues the same to completion: # Tenants failure to perform its material obligations under this Agreement; # Tenants failure to diligently prosecute the construction of the Tenant Improvements; # Tenants failure to pay Tenants Contractor or other parties involved in the construction of the Tenant Improvements in accordance with the Construction Contract (or other contract applicable to such party); # Tenants material default under the Construction Contract or any other contracts in connection with construction of the Tenant Improvements to which Tenant is a party which would allow the Contractor (or the other party to such contract) to either terminate the Construction Contract (or other contract) or cease work; or # the cessation of construction of the Tenant Improvements after commencement thereof for reasons other than Force Majeure Events.
Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder, and/or damage due to casualty excepted. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, and such items of furniture, equipment, free-standing cabinet work, movable partitions and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal.
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