( c ) Special Equipment of Tenant . For computers and all other equipment requiring heavier than the
<br /> normal office use of electricity , Tenant shall separately meter ( or submeter , if approved by Landlord in
<br /> writing ) , at its expense , the electricity serving such equipment and shall pay upon demand all costs to
<br /> Landlord for such utility consumption ; or , in the alternative , Tenant shall , prior to utilizing any such equipment ,
<br /> enter into a written agreement with Landlord specifying the charge for such use to be paid by Tenant to
<br /> Landlord , the time of such payment and the method of determining increases from time to time as rates
<br /> change or such use by Tenant is changed . In the event that Tenant makes any such use without such
<br /> request and mutual agreement , then , and in such event , Tenant covenants and agrees to pay to Landlord for
<br /> such in an amount determined by Landlord ' s selected engineer , upon demand . Landlord may cause an
<br /> electric check meter to be installed in the Leased Premises or cause a reputable independent electrical
<br /> engineering or consulting firm to survey and determine the value of the electric service furnished for such
<br /> excess electric current , the cost of either of which shall be paid by Tenant . Tenant shall be responsible for all
<br /> repairs , maintenance , replacements and service to all equipment serving Tenant' s computers and other
<br /> special equipment , including without limitation HVAC equipment . Tenant covenants to pay for its electrical
<br /> consumption referred to in this paragraph in a timely fashion , which covenant shall survive the expiration or
<br /> earlier termination of this Lease as hereinafter provided .
<br /> 22 . COVENANT OF TITLE AND QUIET ENJOYMENT . Landlord covenants that it has full right and
<br /> power to execute this Lease and to grant the estate demised in this Lease . The Landlord ' s title is and always
<br /> shall be paramount to the title of the Tenant , and nothing herein contained shall empower the Tenant to do
<br /> any act which can , shall or may encumber such title . Landlord also covenants that if Tenant promptly and
<br /> punctually complies with each of its obligations hereunder , it shall peacefully have and enjoy the possession
<br /> of the Leased Premises during the term of this Lease , provided that no action of Landlord in repairing or
<br /> restoring the Rented Space or in working in other space in the Building , shall be deemed a breach of this
<br /> covenant .
<br /> 23 . COMMON AREAS .
<br /> ( a ) Nonexclusive Right of Use . Tenant shall have the right together with other tenants and occupants
<br /> and invitees to the non -exclusive use of the sidewalks , driveways , stairways , halls , lobbies , elevators and
<br /> passages in the Building and at the Europa Center for reasonable ingress to and egress from the Rented
<br /> Space , and for no other purpose , subject to the other provisions of this Lease , including without limitation the
<br /> Rules and Regulations in Exhibit C .
<br /> ( b ) Controlled Access . The Common Areas and roof are not for the use of the general public , and
<br /> Landlord shall in all cases retain the right to control and prevent access thereto by all persons whose
<br /> presence , in the judgment of Landlord , shall be prejudicial to the safety , character , reputation and interests of
<br /> the Europa Center and its tenants .
<br /> ( c ) Landlord ' s Right to Close or Alter . The Landlord reserves the right to use any portion of the
<br /> Common Areas from time to time and /or to deny access to the same temporarily in order to repair, maintain or
<br /> restore such facilities or to construct improvements under , over , along , across and upon the same , and to
<br /> relocate such Common Areas , for the benefit of the Europa Center and its tenants .
<br /> 24 . USE OF PARKING FACILITIES . Subject to the other provisions of this Lease , Tenant shall have free
<br /> non -exclusive use of parking facilities , driveways and islands for Tenant , Tenant' s employees , Tenant' s
<br /> business invitees and Tenant' s agents , from 6 : 00 a . m . through 11 : 00 p . m . each day of the week . Such areas
<br /> for non - exclusive parking spaces shall serve all tenants , their employees , business invitees and agents ;
<br /> provided , however , that at no time during any day of the original or extended term of this Lease shall the
<br /> aggregate number of non -exclusive parking spaces actually occupied by Tenant , Tenant' s employees ,
<br /> business invitees and agents exceed 35 of the parking spaces on the site (which figure is a maximum number
<br /> of spaces to be utilized by or for the Tenant at any one time , but Landlord in no respect guarantees that such
<br /> number of spaces will in fact be available at any one time for the Tenant ) . Tenant shall upon written notice
<br /> from Landlord , within five ( 5 ) days , furnish Landlord , or its authorized agent , the state motor vehicle license
<br /> number assigned to each of its motor vehicles to be parked on the site and the motor vehicles of all of its
<br /> employees employed in the Rented Space . Tenant shall not at any time park any trucks or any delivery
<br /> vehicles in the parking areas or driveways , except as specifically designated by Landlord from time to time ,
<br /> and shall confine all truck parking , loading and unloading to times and locations specifically designated by
<br /> Landlord from time to time . Tenant shall require all trucks servicing Tenant to be promptly loaded or
<br /> unloaded and removed from the site . Landlord hereby reserves the exclusive right with respect to the use of
<br /> parking facilities , roadways , sidewalks , driveways , islands and walkways for advertising purposes . Tenant
<br /> covenants and agrees to enforce the provisions of this Lease against Tenant' s employees and business
<br /> invitees . Landlord may from time to time circulate free parking stickers for the purpose of identifying motor
<br /> vehicles of Tenant and Tenant' s employees and /or circulate free validation tickets for the purpose of
<br /> identifying Tenant ' s business invitees . Landlord shall have the right , but not the obligation : ( a ) to police said
<br /> parking facilities , ( b ) to provide parking attendants , ( c ) to cause unauthorized and /or unstickered motor
<br /> vehicles to be towed away at the sole risk and expense of the owner of such motor vehicles , ( d ) to designate
<br /> certain parking spaces to be for the exclusive use of the handicapped , for the exclusive use of certain tenants
<br /> and /or for the exclusive use of visitors , ( e ) to use any portion of the parking facilities from time to time and /or
<br /> Page 13 - THE EUROPA CENTER Lease 1
<br /> Land ford Tenant
<br /> Initials Initials
<br />
|