Common use of Cafeteria Clause in Contracts

Cafeteria. Tenant shall continue to operate the cafeteria located on the first floor of the Building, as indicated, on Exhibit “F” attached hereto being the northeast and southeast quadrants of the first floor, through the Expiration Date of the Lease. Tenant agrees to allow the employees, customers and/or vendors of Landlord and other tenants in the Building to utilize the cafeteria services in the Building, in accordance with Tenant’s policies associated with the cafeteria usage. Until June 30, 2005, Tenant will continue its contract with its existing vendor to operate the cafeteria. If there is an operating loss with respect to the cafeteria, Tenant will submit an invoice with evidence setting forth the operating losses of the cafeteria to Landlord. Landlord shall reimburse Tenant upon receipt of the invoice and adequate evidence demonstrating the operating loss (without markup) within thirty (30) days. If Tenant fails to operate the cafeteria, Landlord shall be permitted to contract directly with Aramark or a cafeteria vendor of Landlord’s choice to operate the cafeteria. Notwithstanding the foregoing, prior to the Landlord operation or New Tenant or any other tenant in the future utilizing the cafeteria, the Landlord and New Tenant ,and any other tenant will be required to enter into an indemnity agreement with Tenant under terms and conditions required by Tenant (the “Indemnification Agreement”). New Tenant and any other tenant in the future shall provide evidence of general liability insurance in amounts as required by Tenant, naming Tenant as an additional insured as its interest may appear. Landlord shall also provide evidence to Tenant of an A+ rated commercial general liability insurance policy which encompasses the cafeteria with limits at the minimum of $2,000,000.00 per occurrence, naming Tenant as an additional insured.

Cafeteria. Tenant Landlord shall continue provide services to operate the existing cafeteria located on in the first floor Common Areas of the Building (the “Cafeteria”) (whether operated by Landlord or by an independent contractor) for use by Tenant and other tenants and occupants in the Building; provided, however, that if Landlord’s (or such contractor as Landlord may employ) commercially reasonable operation of the Cafeteria is sufficiently proven to Tenant to not be economically viable (i.e., incapable of operating other than at a net loss), as indicatedmay be confirmed by Tenant’s reasonable review of Landlord’s books and operating records relating to the Cafeteria, at Tenant’s election, then Landlord shall allow Tenant to either (i) elect to pay to the Cafeteria operator, on Exhibit “F” attached hereto being a monthly basis, its pro rata share (based on a fraction, the northeast and southeast quadrants numerator of which would be the first floor, through the Expiration Date number of the Lease. Tenant agrees to allow the Tenant’s employees, customers and/or vendors and the denominator of Landlord and other which would be the total number of employees of tenants in the Building that have elected to utilize participate in use of the cafeteria services in Cafeteria (the Building“Cafeteria Pro Rata Share”)) of the amount of money required each month to permit the Cafeteria operator’s operation to break even; or (ii) elect not to pay such amount, in accordance which case Landlord shall be relieved of the obligation to provide an operational Cafeteria. If Tenant elects to pay its Cafeteria Pro Rata Share, then Landlord shall ensure that the Cafeteria remains operational and in any such month when the Cafeteria operator requires payment of the Cafeteria Pro Rata Share by Tenant (i.e., operates at a net loss), the Cafeteria operator will provide Tenant with a written statement of income and expenses for Tenant’s review, along with Tenant’s policies associated with Cafeteria Pro Rata Share that is due. Landlord agrees that it shall not permit the cafeteria usageemployees of any tenant of the Building that does not elect to participate in using the Cafeteria to have access to or use of the Cafeteria and the services provided there. Until June 30Tenant may elect at any time during the Lease Term to stop paying such Cafeteria Pro Rata Share to the Cafeteria operator, 2005, Tenant will continue its contract with its existing vendor at which such time Landlord shall be relieved from any obligation to operate the cafeteriaCafeteria. If there is an operating loss with respect to the cafeteria, Tenant will submit an invoice with evidence setting forth the operating losses The operator of the cafeteria Cafeteria from time to Landlord. Landlord shall reimburse Tenant upon receipt time may modify the hours of the invoice and adequate evidence demonstrating the operating loss (without markup) within thirty (30) days. If Tenant fails to operate the cafeteria, Landlord shall be permitted to contract directly with Aramark or a cafeteria vendor of Landlord’s choice to operate the cafeteria. Notwithstanding the foregoing, prior to the Landlord operation or New Tenant or any other tenant in the future utilizing the cafeteriaoperation, the Landlord menu or the method of service; provided, however, that the Cafeteria will, at a minimum, be open on Business Days for service of breakfast food from 7:30 a.m. to 9:30 a.m. and New Tenant ,service of lunch meals (the lunch menu consisting of at least one hot entrée, a cold cut bar and any other tenant will be a salad bar each day) from 11:30 a.m. to 1:30 p.m. whenever the Cafeteria is required to enter into an indemnity agreement with Tenant under terms and conditions required by Tenant (be operational during the “Indemnification Agreement”). New Tenant and any other tenant in the future shall provide evidence of general liability insurance in amounts as required by Tenant, naming Tenant as an additional insured as its interest may appear. Landlord shall also provide evidence to Tenant of an A+ rated commercial general liability insurance policy which encompasses the cafeteria with limits at the minimum of $2,000,000.00 per occurrence, naming Tenant as an additional insuredLease Term.

Cafeteria. Tenant shall continue have the right to construct, either as part of the initial Tenant Improvements or subject to the terms of Article 8, below, cafeteria space (the "Cafeteria") within the Premises. Tenant shall have the right to operate (or retain a qualified, reputable third-party vendor, reasonably approved by Landlord, to operate) the Cafeteria to provide food service to Tenant's employees and guests only, provided the Cafeteria shall be operated in a first-class manner, including, without limitation, the requirement that Tenant shall provide, at Tenant's sole cost and expense, janitorial services and pest control services to the Cafeteria space in a manner consistent with a similar first-class project. If and only to the extent required by Applicable Laws, then Tenant shall be required to install grease traps, grease storage facilities and grease interceptors and other similar equipment to service the cafeteria located on as well as kitchen exhaust systems to minimize odors and to perform other sound attenuation measures as Landlord may reasonably require. Tenant shall be solely responsible for designing its Cafeteria in a manner that complies with all Applicable Laws. If Tenant is not permitted to install the first floor Cafeteria by applicable governmental entities then Tenant shall redesign the area that would have been devoted to the Cafeteria so that it does so comply with such Applicable Laws or Tenant may elect to abandon its plans for the installation of the Building, as indicated, on Exhibit “F” attached hereto being Cafeteria in which case such area shall be used in a manner that is otherwise in compliance with the northeast and southeast quadrants of the first floor, through the Expiration Date of the LeasePermitted Use. Tenant agrees shall use commercially reasonable efforts to allow minimize any cooking odors emitted from the employees, customers and/or vendors of Landlord Premises other than through ventilation equipment and other tenants in the Building systems installed to utilize the cafeteria services in the Building, in accordance with Tenant’s policies associated with the cafeteria usage. Until June 30, 2005, Tenant will continue its contract with its existing vendor to operate service the cafeteria. If there is an operating loss with respect Subject to the cafeteriaprovisions of Section 5.2 above, Landlord hereby acknowledges and agrees that normal and customary food odors may from time to time emanate from the Cafeteria. If applicable, Tenant will submit an invoice with evidence setting forth shall use commercially reasonable efforts to maintain a food service rating of "A" (or such other highest department of health or other applicable governmental authority having jurisdiction or similar rating as is available). Tenant shall, at the operating losses expiration of the cafeteria to Landlord. Landlord shall reimburse Tenant upon receipt term of this Lease, remove all of the invoice and adequate evidence demonstrating Cafeteria improvements from the operating loss Premises unless Landlord notifies Tenant in writing no less than one hundred fifty (without markup150) within thirty (30) days. If Tenant fails to operate the cafeteria, Landlord shall be permitted to contract directly with Aramark or a cafeteria vendor of Landlord’s choice to operate the cafeteria. Notwithstanding the foregoing, days prior to the expiration of the Lease Term that Landlord operation or New will permit Tenant or any other tenant to leave the Cafeteria improvements in place after the future utilizing end of the cafeteria, the Landlord and New Tenant ,and any other tenant will be required to enter into an indemnity agreement with Tenant under terms and conditions required by Tenant (the “Indemnification Agreement”). New Tenant and any other tenant in the future shall provide evidence of general liability insurance in amounts as required by Tenant, naming Tenant as an additional insured as its interest may appear. Landlord shall also provide evidence to Tenant of an A+ rated commercial general liability insurance policy which encompasses the cafeteria with limits at the minimum of $2,000,000.00 per occurrence, naming Tenant as an additional insuredTerm.

Cafeteria. Landlord agrees that, so long as Tenant shall continue to operate is the cafeteria located on the first floor of sole tenant occupying space at the Building, Tenant has the right, but not the obligation, to occupy and operate the existing cafeteria located in the Common Areas of the Building (the “Cafeteria”) as indicatedan appurtenance to the Premises, at Tenant’s sole cost and expense. Landlord and Tenant agree that, upon the occupancy at the Building of one or more additional tenants, Tenant shall relinquish to Landlord its rights to use and operate the Cafeteria and Landlord shall provide Cafeteria services (whether operated by Landlord or by an independent contractor) for use by Tenant and other tenants and occupants in the Building; provided, however, that if Landlord’s (or such contractor as Landlord may employ) commercially reasonable operation of the Cafeteria is sufficiently proven to Tenant to not be economically viable (i.e., incapable of operating other than at a net loss), as may be confirmed by Tenant’s reasonable review of Landlord’s books and operating records relating to the Cafeteria, at Tenant’s election, then Landlord shall allow Tenant to elect to either (i) pay to the Cafeteria operator, on Exhibit “F” attached hereto being a monthly basis, its pro rata share (based on a fraction, the northeast and southeast quadrants numerator of which would be the first floor, through the Expiration Date number of the Lease. Tenant agrees to allow the Tenant’s employees, customers and/or vendors and the denominator of Landlord and other which would be the total number of employees of tenants in the Building that have elected to utilize participate in use of the cafeteria services in Cafeteria (the Building“Cafeteria Pro Rata Share”)) of the amount of money required each month to permit the Cafeteria operator’s operation to break even; or (ii) elect not to pay such amount, in accordance which case Landlord shall be relieved of the obligation to provide an operational Cafeteria. If Tenant elects to pay its Cafeteria Pro Rata Share, then Landlord shall ensure that the Cafeteria remains operational and in any such month when the Cafeteria operator requires payment of the Cafeteria Pro Rata Share by Tenant (i.e., operates at a net loss), the Cafeteria operator will provide Tenant with a written statement of income and expenses for Tenant’s review, along with Tenant’s policies associated with Cafeteria Pro Rata Share that is due. Landlord agrees that it shall not permit the cafeteria usageemployees of any tenant of the Building that does not elect to participate in using the Cafeteria to have access to or use of the Cafeteria and the services provided there. Until June 30Tenant may elect, 2005at any time during the Term to stop paying such Cafeteria Pro Rata Share to the Cafeteria operator, Tenant will continue its contract with its existing vendor at which such time Landlord shall be relieved from any obligation to operate the cafeteriaCafeteria. If there is an operating loss with respect to the cafeteria, Tenant will submit an invoice with evidence setting forth the operating losses The operator of the cafeteria Cafeteria from time to Landlord. Landlord shall reimburse Tenant upon receipt time may modify the hours of the invoice and adequate evidence demonstrating the operating loss (without markup) within thirty (30) days. If Tenant fails to operate the cafeteria, Landlord shall be permitted to contract directly with Aramark or a cafeteria vendor of Landlord’s choice to operate the cafeteria. Notwithstanding the foregoing, prior to the Landlord operation or New Tenant or any other tenant in the future utilizing the cafeteriaoperation, the Landlord menu or the method of service, provided however that the Cafeteria will, at a minimum, be open on Business Days for service of breakfast food from 7:30 a.m. through 9:30 a.m. and New Tenant ,service of lunch meals (the lunch menu consisting of at least one hot entrée, a cold cut bar and any other tenant will be a salad bar each day) from 11:30 a.m. through 1:30 p.m. whenever the Cafeteria is required to enter into an indemnity agreement with Tenant under terms and conditions required by Tenant (be operational during the “Indemnification Agreement”). New Tenant and any other tenant in the future shall provide evidence of general liability insurance in amounts as required by Tenant, naming Tenant as an additional insured as its interest may appear. Landlord shall also provide evidence to Tenant of an A+ rated commercial general liability insurance policy which encompasses the cafeteria with limits at the minimum of $2,000,000.00 per occurrence, naming Tenant as an additional insuredTerm.

Cafeteria. Tenant Landlord shall continue provide services to operate the existing cafeteria located on in the first floor Common Areas of the Building (the “Cafeteria”) (whether operated by Landlord or by an independent contractor) for use by Tenant and other tenants and occupants in the Building; provided, however, that if Landlord’s (or such contractor as Landlord may employ) commercially reasonable operation of the Cafeteria is sufficiently proven to Tenant to not be economically viable (i.e., incapable of operating other than at a net loss), as indicatedmay be confirmed by Tenant’s reasonable review of Landlord’s books and operating records relating to the Cafeteria, at Tenant’s election, then Landlord shall allow Tenant to either (i) elect to pay to the Cafeteria operator, on Exhibit “F” attached hereto being a monthly basis, its pro rata share (based on a fraction, the northeast and southeast quadrants numerator of which would be the first floor, through the Expiration Date number of the Lease. Tenant agrees to allow the Tenant’s employees, customers and/or vendors and the denominator of Landlord and other which would be the total number of employees of tenants in the Building that have elected to utilize participate in use of the cafeteria services in Cafeteria (the Building“Cafeteria Pro Rata Share”)) of the amount of money required each month to permit the Cafeteria operator’s operation to break even; or (ii) elect not to pay such amount, in accordance which case Landlord shall be relieved of the obligation to provide an operational Cafeteria. If Tenant elects to pay its Cafeteria Pro Rata Share, then Landlord shall ensure that the Cafeteria remains operational and in any such month when the Cafeteria operator requires payment of the Cafeteria Pro Rata Share by Tenant (i.e., operates at a net loss), the Cafeteria operator will provide Tenant with a written statement of income and expenses for Tenant’s review, along with Tenant’s policies associated with Cafeteria Pro Rata Share that is due. Landlord agrees that it shall not permit the cafeteria usageemployees of any tenant of the Building that does not elect to participate in using the Cafeteria to have access to or use of the Cafeteria and the services provided there. Until June 30Tenant may elect at any time during the Lease Term to stop paying such Cafeteria Pro Rata Share to the Cafeteria operator, 2005, Tenant will continue its contract with its existing vendor at which such time Landlord shall be relieved from any obligation to operate the cafeteriaCafeteria. If there The operator of the Cafeteria from time to time may modify the hours of operation, the menu or the method of service; provided, however, that the Cafeteria will, at a minimum, be open on Business Days for service of breakfast food from 7:30 a.m. to 9:30 a.m. and service of lunch meals (the lunch menu consisting of at least one hot entree, a cold cut bar and a salad bar each day) from 11:30 a.m. to 1:30 p.m. whenever the Cafeteria is an operating loss with respect required to be operational during the cafeteriaLease Term. Subject to Landlord’s approval (such approval not to be unreasonably withheld, conditioned or delayed) and reasonable rules and regulations, and the rights of others in common thereto, Tenant will submit an invoice with evidence setting forth shall have the operating losses of right to use the cafeteria to Landlord. Landlord shall reimburse Tenant upon receipt of Cafeteria for meetings and other functions during those hours that the invoice and adequate evidence demonstrating the operating loss (without markup) within thirty (30) days. If Tenant fails to operate the cafeteria, Landlord shall be permitted to contract directly with Aramark or a cafeteria vendor of Landlord’s choice to operate the cafeteria. Notwithstanding the foregoing, prior to the Landlord Cafeteria is not in operation or New Tenant or any other tenant in the future utilizing the cafeteria, the Landlord and New Tenant ,and any other tenant will be required to enter into an indemnity agreement with Tenant under terms and conditions required by Tenant (the “Indemnification Agreement”). New Tenant and any other tenant in the future shall provide evidence of general liability insurance in amounts as required by Tenant, naming Tenant as an at no additional insured as its interest may appear. Landlord shall also provide evidence to Tenant of an A+ rated commercial general liability insurance policy which encompasses the cafeteria with limits at the minimum of $2,000,000.00 per occurrence, naming Tenant as an additional insuredcharge.

Cafeteria. Tenant Landlord shall continue operate or cause to operate the be operated a cafeteria located on the first floor of the BuildingBuilding (the "Cafeteria"), consisting of at least 6,000 square feet, which shall serve 50 breakfast and lunch, Monday through Friday (excluding holidays [as indicateddefined in Section 5A]). As provided in Section 3, on Exhibit “F” attached hereto being Landlord shall pay the northeast cost of purchasing and southeast quadrants installing the Generator and the costs of improving and equipping the Cafeteria, provided such costs relating to the Generator and the Cafeteria do not exceed, in the aggregate, $380,000 (and if the costs exceed such amount, Tenant shall be responsible for the excess [subject to payment from the Allowance]). All fixtures, furniture and equipment used in the operation and maintenance of the first floorCafeteria shall be deemed to be the property of Landlord. All commercially reasonable costs and expenses incurred by Landlord in managing, through operating and maintaining the Expiration Date Cafeteria shall be included in Expenses. Landlord shall select an independent contractor or tenant to manage, operate and maintain the Cafeteria, subject to Tenant's reasonable approval thereto. If, after the initial opening of the LeaseCafeteria, the operator or tenant of the Cafeteria breaches its operating agreement or such operating agreement expires or terminates, Landlord shall, within 50 days thereafter, install a subsequent operator to resume the operations of the Cafeteria (or such longer period as may be necessary if Landlord, despite reasonable diligence, is unable to locate or install such successor). Landlord shall keep Tenant reasonably apprised of Landlord's progress in locating such successor. So long as Landlord is operating the Cafeteria, Tenant agrees not to allow the employees, customers and/or vendors of Landlord and other tenants operate a food service facility in the Building to utilize Premises for its employees (other than coffee makers and microwave ovens). At Tenant's request, Landlord shall cause the cafeteria services in the Building, in accordance with Tenant’s policies associated with the cafeteria usage. Until June 30, 2005, Tenant will continue its contract with its existing vendor to operate the cafeteria. If there is an operating loss with respect to the cafeteria, Tenant will submit an invoice with evidence setting forth the operating losses operator or tenant of the cafeteria to Landlord. Landlord shall reimburse Tenant upon receipt of the invoice and adequate evidence demonstrating the operating loss (without markup) within thirty (30) days. If Tenant fails to operate the cafeteria, Landlord shall be permitted to contract directly with Aramark or a cafeteria vendor of Landlord’s choice to operate the cafeteria. Notwithstanding the foregoing, prior to the Landlord operation or New Tenant or any other tenant in the future utilizing the cafeteria, the Landlord and New Tenant ,and any other tenant will be required to enter into an indemnity agreement cooperate with Tenant under terms in establishing and conditions required following a program whereby Tenant subsidizes certain costs for food and beverages to be charged by Tenant (the “Indemnification Agreement”). New Tenant and any other such operator or tenant in the future shall provide evidence of general liability insurance in amounts as required by to Tenant, naming Tenant as an additional insured as its interest may appear. Landlord shall also provide evidence to Tenant of an A+ rated commercial general liability insurance policy which encompasses the cafeteria with limits at the minimum of $2,000,000.00 per occurrence, naming Tenant as an additional insured's employees.

Cafeteria. To the extent permitted by the Underlying Document (as the same may be modified), the parties acknowledge that the Premises may contain a cafeteria for use by Tenant and its employees, Transferees, independent contractors in the Premises, and Permitted Occupants (the “Cafeteria”). Landlord acknowledges and agrees that Tenant shall continue have no obligation to construct or to operate the cafeteria located on Cafeteria. To the first floor extent that Tenant operates the Cafeteria, such operation shall be in compliance with all Applicable Laws and Tenant shall obtain and maintain the approval of all applicable governmental authorities and all necessary permits and licenses from such applicable governmental authorities, to operate the Building, as indicated, on Exhibit “F” attached hereto being Cafeteria. No cooking odors shall be emitted from the northeast Premises other than through ventilation equipment and southeast quadrants of systems installed therein to service the first floor, through the Expiration Date of the Lease. Tenant agrees to allow the employees, customers and/or vendors of Landlord and other tenants in the Building to utilize the cafeteria services in the Building, Cafeteria in accordance with the provisions of this Section 5.6. The Cafeteria shall be for the exclusive use of Tenant and its employees, Transferees, independent contractors in the Premises, and Permitted Occupants, and in connection with Tenant’s policies associated with use of the cafeteria usage. Until June 30, 2005Cafeteria, Tenant will continue its contract with its existing vendor shall not sell any food or beverages in or from the Premises at any time and/or serve any food and beverages in or from the Premises at any time to operate the cafeteriageneral public. If there is an operating loss Prior to making any alterations or improvements to the Premises and installing any cooking, ventilation, air conditioning, grease traps, kitchen and other equipment in or for the Premises with respect to the cafeteriaCafeteria (collectively, the “Cafeteria Facilities”), Tenant will submit an invoice shall deliver to Landlord, for Landlord’s prior approval, which shall not be unreasonably withheld (provided that it shall be deemed reasonable for Landlord to withhold its consent to the extent the Cafeteria does not comply with evidence setting all Applicable Laws, or it adversely affects the Building Structure or the Building Systems, or the Cafeteria is not consistent with cafeterias located in Comparable Buildings), detailed plans and specifications therefor, and Tenant shall only install such Cafeteria Facilities (and make any subsequent modifications thereto) as are approved by Landlord in accordance with such plans and specifications therefor approved by Landlord. Except as expressly set forth to the operating losses contrary in this Lease, all of the cafeteria Cafeteria Facilities shall be installed by Tenant, at its expense, subject to Landlordand in compliance with the provisions of Article 8 below and in compliance with all Applicable Laws and shall be considered an Alteration (as defined below). Landlord The Cafeteria and the Cafeteria Facilities therein shall reimburse Tenant upon receipt be maintained and operated by Tenant, at Tenant’s expense: (i) in first-class order, condition and repair; (ii) consistent with the character of the invoice Buildings as first class office buildings; and adequate evidence demonstrating (iii) in compliance with all Applicable Laws, such reasonable rules and regulations as may be adopted by Landlord from time to time, and the operating loss other provisions of this Lease. In accordance with the TCCs of Section 6.1.3 below, Tenant shall have the sole responsibility, at its expense, for providing all janitorial service (without markupincluding wet and dry trash removal) for and cleaning of the Cafeteria (and the Cafeteria Facilities therein), as well as all exhaust vents therefor, and shall pay for all cleaning costs incurred by Landlord in cleaning any affected portions of the Buildings or Project resulting from Tenant’s operation of the Cafeteria. In addition, Tenant shall pay for all actual and reasonable out-of-pocket increased costs incurred by Landlord with respect to the management, operation, maintenance and repair of the Buildings resulting from Tenant’s operation of the Cafeteria, within thirty (30) days. If Tenant fails to operate the cafeteria, Landlord shall be permitted to contract directly with Aramark or a cafeteria vendor days of Landlord’s choice to operate the cafeteria. Notwithstanding the foregoing, prior to the Landlord operation or New Tenant or any other tenant in the future utilizing the cafeteria, the Landlord and New Tenant ,and any other tenant will be required to enter into receiving an indemnity agreement with Tenant under terms and conditions required by Tenant (the “Indemnification Agreement”). New Tenant and any other tenant in the future shall provide evidence of general liability insurance in amounts as required by Tenant, naming Tenant as an additional insured as its interest may appear. Landlord shall also provide evidence to Tenant of an A+ rated commercial general liability insurance policy which encompasses the cafeteria with limits at the minimum of $2,000,000.00 per occurrence, naming Tenant as an additional insuredinvoice therefor.

Cafeteria. Tenant hereby acknowledges and agrees that Landlord shall continue to operate retain a food service operator for the operation of a cafeteria located on the first floor of and/or food service establishment within the Building, as indicatedwhich cafeteria and/or food service establishment may be equipped to furnish and/or serve, on Exhibit “F” attached hereto being among other things, hot lunches and breakfasts at whatever rates or pricing such operator may elect to charge therefore. Landlord currently intends to locate the northeast and southeast quadrants cafeteria in the portion of the first floor, through Building located as Exhibit J attached hereto. Landlord reserves the Expiration Date of the Lease. Tenant agrees right to allow the employees, customers and/or vendors of Landlord and other tenants in the Building to utilize the cafeteria services in the Building, in accordance with Tenant’s policies associated with the cafeteria usage. Until June 30, 2005, Tenant will continue its contract with its existing vendor to operate relocate the cafeteria. Tenant acknowledges that the operator need not be open for business until Tenant has accepted all of the Demised Premises and same is occupied by a sufficient number of employees to justify the operation of the cafeteria. Tenant acknowledges that Landlord shall have no obligation to subsidize or support the cafeteria operator in any way. If there is an operating loss with respect the initial cafeteria operator shall close, Landlord shall use commercially reasonable efforts to locate a substitute operator subject to the cafeteriaterms hereof it being understood that if Landlord is not able to retain a substitute operator, Tenant will submit an invoice with evidence setting forth the operating losses of the or if providing a cafeteria to is not in Landlord. Landlord shall reimburse Tenant upon receipt of the invoice and adequate evidence demonstrating the operating loss (without markup) within thirty (30) days. If Tenant fails to operate the cafeteria’s reasonable determination economically feasible, Landlord shall be permitted to contract directly with Aramark or a cafeteria vendor of Landlord’s choice under no obligation to operate the or provide a cafeteria. Notwithstanding Tenant and its employees, guests and invitees may patronize such establishment provided however, such patronage shall be at the foregoingTenant’s and/or patrons sole costs, prior election and risk and shall be subject to any and all reasonable rules and regulations as the operator of such establishment may enact or impose from time to time and the Landlord shall not be liable for any injury to person or property, or for loss, usury or damage by reason thereof. Tenant hereby expressly acknowledges and agrees that Landlord has made no representations and/or guarantees as to the Landlord operation or New Tenant or any other tenant in the future utilizing the cafeteriaquality, the Landlord selection, safety and/or cost thereof and New Tenant ,and any other tenant will be required to enter into an indemnity agreement with Tenant under terms and conditions required by Tenant (the “Indemnification Agreement”). New Tenant and any other tenant in the future shall provide evidence of general liability insurance in amounts as required by Tenant, naming Tenant as an additional insured as its interest may appear. Landlord shall also provide evidence in no event be obligated to Tenant subsidize the cost of an A+ rated commercial general liability insurance policy which encompasses the cafeteria with limits at the minimum and/or of $2,000,000.00 per occurrence, naming Tenant as an additional insuredpatronage thereof.

Cafeteria. Tenant 26.1 Landlord, by itself, or through a contractor (the “Cafeteria Operator”) shall continue use good faith, reasonable efforts to operate a restaurant in the cafeteria located on Cafeteria for the first floor use of Tenant, its employees and invitees, and the Building, as indicated, on Exhibit “F” attached hereto being the northeast users of Building 10 and southeast quadrants of the first floor, through the Expiration Date of the Leasetheir employees and invitees. Tenant agrees to allow hereby approves Café Royale as the employees, customers and/or vendors of initial Cafeteria Operator. Landlord and other tenants in Tenant agree to consult and reasonably agree as to the Building type and scope of services to utilize be provided by the cafeteria Cafeteria Operator, including the type and selection of menu items, hours of operation and whether catering services in the Building, in accordance with Tenant’s policies associated with the cafeteria usagewill be provided. Until June 30, 2005, Tenant will continue its Landlord agrees that any service contract with its existing vendor a Cafeteria Operator will include a right to operate the cafeteria. If there is an operating loss with respect to the cafeteria, Tenant will submit an invoice with evidence setting forth the operating losses of the cafeteria to Landlord. Landlord shall reimburse Tenant terminate such contract upon receipt of the invoice and adequate evidence demonstrating the operating loss (without markup) within thirty (30) daysdays notice. If Tenant fails is not satisfied with the services provided by the Cafeteria Operator, Landlord and Tenant will cooperate to change the services provided by the Cafeteria Operator to such services reasonably approved by Landlord and Tenant. If Tenant remains dissatisfied, on a reasonable, but subjective basis, Landlord will find a replacement Cafeteria Operator. The replacement Cafeteria Operator and the scope of services such operator provides shall be approved by Tenant in advance, which approval shall not be unreasonably withheld. Once Tenant approves such replacement Cafeteria Operator and scope of services, Landlord shall enter into a service contract with such Cafeteria Operator and replace the then current Cafeteria Operator. If notwithstanding Landlord’s reasonable, good faith efforts, Landlord cannot secure an operator for the Cafeteria satisfactory to Tenant, Landlord shall offer such operation to Tenant. In such event, Tenant may, at Tenant’s sole cost and expense, but with no adjustment to Base Rent or Rentable Area of the Project or Rentable Area of the Premises, operate the Cafeteria for the use of: (i) Tenant, its employees and invitees; (ii) the occupants of Building 10 and their employees and invitees; and (iii) at Tenant’s election, any other users of the Project and their employees and invitees. Landlord shall perform all necessary maintenance and repairs to the Cafeteria. The cost to operate the cafeteriaCafeteria, Landlord after deducting sums collected in connection with the operation thereof, shall be permitted Operating Costs. Any user other than Tenant, its employees and invitees shall enter the Cafeteria from the Common Areas. Tenant shall be solely responsible to contract directly with Aramark or a cafeteria vendor of Landlord’s choice to operate the cafeteria. Notwithstanding the foregoing, prior secure any entrance to the Landlord operation or New Tenant or any other tenant in Cafeteria from the future utilizing the cafeteria, the Landlord and New Tenant ,and any other tenant will be required to enter into an indemnity agreement with Tenant under terms and conditions required by Tenant (the “Indemnification Agreement”). New Tenant and any other tenant in the future shall provide evidence of general liability insurance in amounts as required by Tenant, naming Tenant as an additional insured as its interest may appear. Landlord shall also provide evidence to Tenant of an A+ rated commercial general liability insurance policy which encompasses the cafeteria with limits at the minimum of $2,000,000.00 per occurrence, naming Tenant as an additional insuredPremises.

Cafeteria. Tenant shall continue to operate the A cafeteria located on the first floor of the Building, as indicated, on Exhibit “F” attached hereto being the northeast and southeast quadrants of the first floor, through the Expiration Date of the Lease. in Building 3 is made available to Tenant agrees to allow the employees, customers and/or vendors of Landlord and other tenants in of the Building Project. The cafeteria is operated by a third party operator with whom Tenant directly contracts. Concurrently with the mutual execution and delivery of this Lease, Tenant shall assign to utilize Landlord its contract with the cafeteria services in operator, and thereafter Landlord shall arrange for the Buildingoperation of the cafeteria through such operator or such other operator as Landlord shall elect from time to time. The reasonable costs (including, in accordance with Tenant’s policies without limitation, rental subsidies, if any) associated with the cafeteria usage. Until June 30, 2005, Tenant will continue its contract with its existing vendor to operate the cafeteria. If there is an operating loss with respect to operation of the cafeteria, Tenant will submit an invoice whether operated by Landlord or a third party operator, shall in any event be included in Operating Expenses. The costs of renovating the cafeteria shall not be included in Operating Expenses. The provisions of Article 9 shall fully apply in connection with evidence setting forth the operating losses use of the cafeteria to Landlord. Landlord shall reimburse Tenant upon receipt of the invoice and adequate evidence demonstrating the operating loss (without markup) within thirty (30) days. If Tenant fails to operate the cafeteria, Landlord shall be permitted to contract directly with Aramark or a cafeteria vendor of Landlord’s choice to operate the cafeteria. Notwithstanding the foregoing, prior to the Landlord operation or New by Tenant or any other tenant in Tenant Party. Without limitation of the future utilizing preceding sentence, Tenant shall hold Landlord and the other Indemnitees harmless from and indemnify the Indemnitees against any and all Claims to the extent arising from (a) the acts or omissions of Tenant or any other Tenant Party in, on or about the cafeteria, or (b) any accident, injury or damage, howsoever and by whomsoever caused, to any Tenant Party, occurring in, on or about the cafeteria. Landlord may prescribe rules and New regulations for the use of the cafeteria, including, without limitation, with respect to reservations for meetings and other permitted functions, and Landlord shall endeavor to accommodate Tenant’s requests to use the cafeteria for meetings and other permitted functions. Tenant’s use of the cafeteria shall be conditioned upon Tenant’s observance of such rules and regulations. The cafeteria shall remain in operation during the initial term of this Lease, provided, however, that Tenant ,and acknowledges that the cafeteria may, from time to time, be temporarily closed during the initial term of this Lease (or any other tenant will be required renewal term) including without limitation closures due to enter into an indemnity agreement with Tenant under terms and conditions required by Tenant (the “Indemnification Agreement”). New Tenant and any other tenant i) remodeling, improvement work or repair work, (ii) changes in the future shall provide evidence cafeteria operator, (iii) cessation of general liability insurance in amounts as required operations by Tenant, naming Tenant as an additional insured as its interest may appear. Landlord shall also provide evidence to Tenant of an A+ rated commercial general liability insurance policy which encompasses the cafeteria operator, (iv) compliance with limits at the minimum of $2,000,000.00 per occurrenceapplicable law, naming Tenant as an additional insured(v) casualty or condemnation and (vi) matters beyond Landlord’s reasonable control.

Cafeteria. Tenant (a) From and after the Occupancy Date, and continuing during the Term, subject, however, to the terms of this Section 11.10, Landlord shall continue to operate a full service cafeteria facility (the cafeteria "Cafeteria") located on the first fifth (5th) floor of the Tower Building as more particularly shown on the preliminary plans attached hereto as Exhibit Q. The Cafeteria shall be available on a non-exclusive basis to all tenants of the Complex during the hours of 7:00 AM to 3:00 PM on Business Days. The Cafeteria operations shall be operated in a manner consistent with the Complex Standard and shall provide, at a minimum, the food and beverage services set forth on Exhibit Q. As consideration for Landlord’s agreement to locate the Cafeteria on the fifth (5th) floor of the Tower Building, Tenant shall pay, throughout the Term, as indicatedAdditional Rent, on Exhibit “F” attached hereto being a monthly basis, the northeast and southeast quadrants spread or difference, as reasonably estimated by Landlord, of the first floorrent Landlord would have received had Landlord leased the Tower Building cafeteria space to an office tenant, through as opposed to locating a cafeteria, as previously planned, in the Expiration Date Pavilion Building, but in no event shall Tenant be obligated to pay more than $0.25 per rentable square foot of the Premises (based on 415,256 rentable square feet) on a per annum basis. The costs and expenses incurred in connection with Cafeteria shall be subject to recoupment to the extent permitted under Article 6 of this Lease. Landlord shall reasonably confer with Tenant agrees concerning the selection of the food service provider that operates the Cafeteria (with any such final selection decision being Landlord's). If Tenant shall not be reasonably satisfied with the quality, variety and/or costs of the food service provider, then Tenant may request and require Landlord, no more than once every (3) years, to allow competitively bid the employeesservice to alternative, customers and/or vendors of Landlord and other tenants in the Building to utilize the cafeteria services in the Buildingreputable providers, in accordance which case, any alternative food service provider shall be subject to Landlord reasonably conferring with Tenant’s policies associated Tenant concerning such selection (but with any final decision being Landlord's). (b) Notwithstanding anything to the cafeteria usage. Until June 30contrary contained in this Lease, 2005, Tenant will continue its contract with its existing vendor to operate the cafeteria. If there is an operating loss with respect to the cafeteriaservices described in this Section 11.10, Tenant will submit an invoice with evidence setting forth as well as those in Sections 11.11, 11.12 and 11.13, Landlord reserves the operating losses right to temporarily suspend such services when necessary by reason of the cafeteria to accident or emergency, or applicable Requirements, temporary remodeling, casualty or condemnation losses, or any cause beyond Landlord's reasonable control. Landlord shall reimburse Tenant upon receipt of use commercially reasonable efforts to restore such services as soon thereafter as is reasonably practicable and in the invoice event any such amenities and adequate evidence demonstrating the operating loss (without markup) within thirty (30) days. If Tenant fails services will be temporarily unavailable due to operate the cafeteriaany pre-planned and scheduled activities, Landlord shall be permitted to contract directly provide Tenant with Aramark or a cafeteria vendor reasonable advance notice of Landlord’s choice to operate the cafeteria. Notwithstanding the foregoing, prior to the Landlord operation or New Tenant or any other tenant in the future utilizing the cafeteria, the Landlord such planned and New Tenant ,and any other tenant will be required to enter into an indemnity agreement with Tenant under terms and conditions required by Tenant (the “Indemnification Agreement”). New Tenant and any other tenant in the future shall provide evidence of general liability insurance in amounts as required by Tenant, naming Tenant as an additional insured as its interest may appear. Landlord shall also provide evidence to Tenant of an A+ rated commercial general liability insurance policy which encompasses the cafeteria with limits at the minimum of $2,000,000.00 per occurrence, naming Tenant as an additional insuredscheduled temporary unavailability.

Cafeteria. Landlord shall furnish and equip a full service cafeteria in a certain space (the "Cafeteria Space") of approximately 3,000 square feet of Rentable Area in the location to be specified in the Base Building Plans, in accordance with the Preliminary Plans and the Cafeteria Plan to be prepared by Landlord consistent with the Preliminary Plans and approved by Tenant. Tenant shall continue enter into a contract with the operator selected by Tenant, acting with input from and consultation with Landlord. The initial cost of constructing, furnishing, and equipping such Cafeteria Space in accordance with the Preliminary Plans and the Cafeteria Plan to operate be prepared by Landlord and approved by Tenant shall be included as part of the Base Building. The Cafeteria Space shall be included in the calculation of the number of square feet of Rentable Area in the Premises. In addition, and notwithstanding any contrary provision herein, all costs incurred by Landlord in connection with such cafeteria including, without limitation, utilities, janitorial and repairs and maintenance of furniture, fixtures and equipment shall be included as part of Operating Costs. Tenant shall be responsible for all costs incurred in connection with any Alteration to the Cafeteria and any operating losses in connection herewith. No failure of performance on the part of any operator of the cafeteria located on within the first floor of the Building, as indicated, on Exhibit “F” attached hereto being the northeast and southeast quadrants of the first floor, through the Expiration Date of Cafeteria Space shall constitute a default by Landlord under the Lease. Tenant agrees may change the operator of the Cafeteria at any time and at Tenant's cost; Tenant shall consult with Landlord in good faith to allow replace such operator with an alternative qualified food service vendor. Tenant may discontinue operation of the employeesCafeteria Space at any time and use the Cafeteria Space for other purposes permitted hereby, customers and/or vendors but on the expiration or termination of the Lease, the Cafeteria Space and all equipment installed therein by Landlord and other tenants in as part of the Base Building (or replacements thereto) shall be surrendered to utilize the cafeteria services in the Building, Landlord in accordance with Tenant’s policies associated with the cafeteria usage. Until June 30, 2005, Tenant will continue its contract with its existing vendor to operate the cafeteria. If there is an operating loss with respect to the cafeteria, Tenant will submit an invoice with evidence setting forth the operating losses of the cafeteria to Landlord. Landlord shall reimburse Tenant upon receipt of the invoice and adequate evidence demonstrating the operating loss (without markup) within thirty (30) days. If Tenant fails to operate the cafeteria, Landlord shall be permitted to contract directly with Aramark or a cafeteria vendor of Landlord’s choice to operate the cafeteria. Notwithstanding the foregoing, prior to the Landlord operation or New Tenant or any other tenant in the future utilizing the cafeteria, the Landlord and New Tenant ,and any other tenant will be required to enter into an indemnity agreement with Tenant under terms and conditions required by Tenant (the “Indemnification Agreement”). New Tenant and any other tenant in the future shall provide evidence of general liability insurance in amounts as required by Tenant, naming Tenant as an additional insured as its interest may appear. Landlord shall also provide evidence to Tenant of an A+ rated commercial general liability insurance policy which encompasses the cafeteria with limits at the minimum of $2,000,000.00 per occurrence, naming Tenant as an additional insuredSection 12.1.

Cafeteria. Tenant shall continue have no access or permit to operate use the existing cafeteria (“Landlord’s Cafeteria”) located on the first floor of the Building, as indicated, on Exhibit “F” attached hereto being the northeast and southeast quadrants of the first floor, through the Expiration Date of the Lease. Tenant agrees to allow the employees, customers and/or vendors of Landlord and other tenants in the Building to utilize the cafeteria services in the Building, other than as provided in accordance with Tenant’s policies associated with subsection (c) below. (a) Landlord shall provide to Tenant the cafeteria usage. Until June 30, 2005, Tenant will continue its contract with its existing vendor contact information used by Landlord to operate the cafeteria. If there is an operating loss with respect procure food service to the cafeteria, Landlord’s Cafeteria. Tenant will submit an invoice with evidence setting forth may arrange to have food service delivered to the operating losses of Premises from the cafeteria to Landlordvendor used by Landlord or any other reasonable and reputable food provider in the area. Landlord shall reimburse Tenant upon receipt of the invoice and adequate evidence demonstrating the operating loss (without markup) within thirty (30) days. If Tenant fails to operate the cafeteria, Landlord shall be permitted to contract directly receive such deliveries at the Premises, or Landlord will receive such deliveries on Tenant’s behalf in accordance with Aramark Sections 9.1 and 25; provided, however, Landlord shall have no obligation to receive food service deliveries on Tenant’s behalf after Tenant’s Cafeteria (as defined below) has been constructed and tendered to Tenant for Tenant’s operation and use. (b) Landlord shall promptly commence construction of a 400 sq. ft. cafeteria as depicted on Exhibit F attached hereto, and in accordance with the Construction Rider attached hereto as Exhibit E (“Tenant’s Cafeteria”). Tenant shall pay Landlord $100,000.00 in the manner provided hereafter for Landlord’s work in constructing Tenant’s Cafeteria. Tenant shall pay to Landlord an initial amount of $50,000.00 upon execution of this Lease. Upon completion and delivery of Tenant’s Cafeteria to Tenant, Tenant’s Cafeteria shall automatically become a part of the Premises without need of any further action on the part of Landlord or Tenant, and Tenant shall pay as Additional Rent $20.00 per sq. ft., annually for rental of Tenant’s Cafeteria. Also, upon completion and delivery to Tenant of Tenant’s Cafeteria, Tenant shall commence payment of an additional $50,000.00, amortized monthly over a cafeteria vendor five (5) year period. If the Lease should terminate for any reason or expire without Tenant’s election to extend the Term at any point prior to payment of the full five (5) year’s of amortization of the additional $50,000.00, the remaining unamortized amount shall become immediately due and payable to Landlord by Tenant. Landlord shall have no obligation to operate or furnish food services of any kind to Tenant’s Cafeteria. (c) During the period of construction of Tenant’s Cafeteria, Tenant’s existing employees may have temporary use of Landlord’s choice to operate Cafeteria, using such method of access as Landlord may reasonably designate. Tenant shall ensure that its employees observe the cafeteria. Notwithstanding the foregoingsame rules, prior regulations and customary practices with regard to the Landlord operation or New Tenant or any other tenant in the future utilizing the cafeteria, the Landlord use of Landlord’s Cafeteria as are consistently applied to and New Tenant ,and any other tenant will be required to enter into an indemnity agreement with Tenant under terms and conditions required observed by Tenant (the “Indemnification Agreement”). New Tenant and any other tenant in the future shall provide evidence of general liability insurance in amounts as required by Tenant, naming Tenant as an additional insured as its interest may appearLandlord’s employees. Landlord shall also provide evidence not be liable to Tenant for any loss, injury or other damage to Tenant or Tenant’s employees from any cause arising out of an A+ rated commercial general liability insurance policy which encompasses Tenant or Tenant’s employees’ use of or presence in the cafeteria with limits at confines of Landlord’s Cafeteria and Tenant hereby waives all claims against Landlord for any such loss, injury or damage and the minimum cost and expense of $2,000,000.00 per occurrencedefending against claims relating thereto, naming except to the extent of any loss, injury or damage caused by Landlord’s gross negligence or willful misconduct. Tenant shall indemnify, protect, defend and hold Landlord and Landlord’s Representatives harmless from and against any Claims arising from the acts or omissions of Tenant or Tenant’s employees while using or within Landlord’s Cafeteria, and any loss, injury or damage, howsoever and by whomsoever caused, to any person or property, occurring as an additional insureda result of such use of Landlord’s Cafeteria (including any such loss, injury or damage to Tenant or Tenant’s employees), excepting only Claims caused by the gross negligence or willful misconduct of Landlord or Landlord’s Representatives and Landlord’s Visitors. Tenant’s permission as granted herein by Landlord to use Landlord’s Cafeteria shall expire immediately upon Landlord’s completion and delivery of Tenant’s Cafeteria to Tenant for Tenant’s use and operation.

Cafeteria. Tenant shall continue to operate the cafeteria located on the first floor of the Building, as indicated, on Exhibit “F” attached hereto being the northeast and southeast quadrants of the first floor, through the Expiration Date of the Lease. Tenant agrees to allow the employees, customers and/or vendors of Landlord and other tenants Tenant acknowledge that Tenant may elect to construct a cafeteria in the Building Premises for use by Tenant's employees and invitees. Notwithstanding the provisions of Section 9M hereof, Landlord shall not grant to utilize the cafeteria services any other lessee of space in the Building, or enter into any other contract granting, an exclusive right to dispense food or provide food service to the Building which limits or impairs in accordance with Tenant’s policies associated with any way the right of Tenant to operate a cafeteria usageor similar food service facilities for its employees and invitees. Until June 30, 2005Not less than four (4) months prior to the Construction Commencement Date, Tenant will continue its contract with its existing vendor shall designate one floor of the Premises which Tenant is considering using as a cafeteria by written notice to operate Landlord, and shall specify in such notice (i) the cafeteria. If there is an operating loss with respect to proposed size of the cafeteria, Tenant and (ii) the maximum number of persons who will submit an invoice with evidence setting forth the operating losses of be permitted to occupy the cafeteria to Landlordat any time. Landlord shall reimburse and Tenant upon receipt acknowledge that as a result of the invoice and adequate evidence demonstrating the operating loss (without markup) within thirty (30) days. If Tenant fails Tenant's election to operate the construct a cafeteria, Landlord may have to make certain modifications to its Base Building plans and specifications to accommodate Tenant's cafeteria use of a portion of the Premises, including provision for such items as one or more additional exit stairways down from the floor on which the cafeteria is located. The area of any floor space (whether within or outside of the Premises) within the Building which is rendered unusable by reason of the use of a portion of the Premises as a cafeteria, including the floor area occupied by any additional exit stairways required to be constructed in connection with such cafeteria, shall be included in the RSF of the Premises. Landlord shall, at its expense, install a black iron duct with dimensions of not less than two (2) feet by four (4) feet serving the floor designated by Tenant, which Tenant shall be permitted to contract directly use in connection with Aramark or the operation of a cafeteria vendor in the Premises. Except as expressly provided in the immediately preceding sentence, any and all costs and expenses associated with the installation of a cafeteria in the Premises, including without limitation (i) changes or modifications to plans for the Building previously prepared for Landlord’s choice to operate , or (ii) increases in the cost of constructing the Building occasioned by the use of a portion of the Premises as a cafeteria (whether or not included in the direct cost of the installation of the cafeteria. Notwithstanding ), shall be deducted from the foregoing, prior Allowance granted Tenant pursuant to the Landlord operation Section 2B hereof or New Tenant or any other tenant in the future utilizing the cafeteria, the Landlord and New Tenant ,and any other tenant will be required to enter into an indemnity agreement with Tenant under terms and conditions required paid by Tenant (the “Indemnification Agreement”). New Tenant and any other tenant as provided in the future shall provide evidence of general liability insurance in amounts as required by Tenant, naming Tenant as an additional insured as its interest may appear. Landlord shall also provide evidence to Tenant of an A+ rated commercial general liability insurance policy which encompasses the cafeteria with limits at the minimum of $2,000,000.00 per occurrence, naming Tenant as an additional insuredSection 2E hereof."

Cafeteria. 46.01. [Tenant, through a third-party operator, operates a cafeteria (herein called the “Cafeteria”) on the third (3rd) floor of the Building.]***9 If requested by Landlord but subject to Tenant’s consent, Landlord’s payment of the Cafeteria Charge and the other terms and conditions set forth in this Article 46, Tenant shall permit the Cafeteria to be used by other tenants of the Building but only for so long as Tenant continues to operate the Cafeteria for its own use. Tenant shall not unreasonably withhold its consent to make the Cafeteria available to such other tenants in the Building; provided, that, Tenant shall not be deemed to have unreasonably withheld its consent to permit such use by other tenants, if (i) in Tenant’s sole judgment, the Cafeteria does not have sufficient capacity to accommodate other tenants in the Building, it being understood and agreed that, among other things, Tenant may take into account any supplemental use of the Cafeteria by any of Citibank Tenant’s employees occupying space at the Adjacent Parcel, (ii) any such other tenant is a competitor of any Citibank Tenant, (iii) the use of the Cafeteria by persons other than employees of a Citibank Tenant would be a violation of any Citibank Tenant’s corporate policy, and (vi) for any other reasonable reason. To the extent consented to by Tenant, such other tenants of the Building shall have the right to use the Cafeteria on the same basis and at the same rates for food charged to Tenant and Tenant’s employees. 46.02. Tenant shall have no obligation to (i) continue to operate the cafeteria located on Cafeteria and/or (ii) continue to make the first floor of the Building, as indicated, on Exhibit “F” attached hereto being the northeast and southeast quadrants of the first floor, through the Expiration Date of the Lease. Tenant agrees Cafeteria available to allow the employees, customers and/or vendors of Landlord and other tenants in the Building if Tenant, in its sole judgment, determines that the Cafeteria does not have sufficient capacity as set for in clause (i) of Section 46.01, and, Tenant may elect, in its sole discretion, upon written notice to utilize Landlord (herein called a “Closing Notice”), to cease to (i) operate the cafeteria services in Cafeteria or (ii) make the Cafeteria available to other tenants of 9 If as of the Surrender Date Tenant is no longer operating the Cafeteria, Article 46 should be deleted. the Building, in accordance with Tenant’s policies associated with effective at any time during the cafeteria usage. Until June 30, 2005, term of the lease without liability of any kind to Landlord (and Landlord will indemnify Tenant will continue its contract with its existing vendor to operate the cafeteria. If there is an operating loss with respect to the cafeteria, Tenant will submit an invoice with evidence setting forth the operating losses any claims made by other tenants of the cafeteria Building), such effective date to Landlord. Landlord shall reimburse Tenant upon receipt of the invoice and adequate evidence demonstrating the operating loss (without markup) within thirty (30) days. If Tenant fails to operate the cafeteria, Landlord shall be permitted to contract directly with Aramark or a cafeteria vendor of Landlord’s choice to operate the cafeteria. Notwithstanding the foregoing, prior to the Landlord operation or New Tenant or any other tenant set forth in the future utilizing the cafeteria, the Landlord and New Tenant ,and any other tenant will be required to enter into an indemnity agreement with Tenant under terms and conditions required by Tenant (the “Indemnification Agreement”). New Tenant and any other tenant in the future shall provide evidence of general liability insurance in amounts as required by Tenant, naming Tenant as an additional insured as its interest may appear. Landlord shall also provide evidence to Tenant of an A+ rated commercial general liability insurance policy which encompasses the cafeteria with limits at the minimum of $2,000,000.00 per occurrence, naming Tenant as an additional insuredClosing Notice.

Cafeteria. A. Landlord and Tenant shall continue to operate acknowledge that there is currently a cafeteria in Building One (the cafeteria located on the first floor "Cafeteria"). Landlord hereby agrees that so long as at least 120.000 rentable square feet of the Building, as indicated, on Exhibit “F” attached hereto being the northeast Property is leased and southeast quadrants of the first floor, through the Expiration Date of the Lease. Tenant agrees to allow the employees, customers and/or vendors of Landlord and other tenants in the Building to utilize the cafeteria services in the Building, in accordance with Tenant’s policies associated with the cafeteria usage. Until June 30, 2005, Tenant will continue its contract with its existing vendor to operate the cafeteria. If there is an operating loss with respect to the cafeteria, Tenant will submit an invoice with evidence setting forth the operating losses of the cafeteria to Landlordoccupied. Landlord shall reimburse Tenant upon receipt cause the Cafeteria to be maintained and operated for the benefit of tenants of the invoice Property. The cafeteria vendor and adequate evidence demonstrating any changes or additions to the operating loss (without markup) within thirty (30) days. If Tenant fails quality or type of food and service to operate be provided in the cafeteria, Landlord Property shall be permitted to contract directly with Aramark or a cafeteria vendor at the reasonable discretion of Landlord’s choice . The Cafeteria may be operated. at Landlord's election with a vendor /service provider or agent. The Cafeteria shall provide breakfast and lunch, hours of operation to operate the cafeteriabe reasonably determined by Landlord from time to time. Notwithstanding the foregoing, prior Landlord acknowledges that Tenant will bear the largest portion of the Landlord's Operating Expenses and, accordingly, so long as the original Tenant shall directly lease and occupy at least fifty percent (50%) of the Total Area of the Buildings, Landlord agrees to consult with Tenant in the event that Landlord intends to make any substantial change in the Cafeteria or its operation from that existing on the date of this Lease, which may include, without limitation, the size and layout, the identity of the operator, the type and quality of food served, and the hours of operation. Although the parties agree to act in good faith in order to agree upon any of the proposed changes aforesaid which are reasonably satisfactory to both Landlord and Tenant, it is understood and agreed that the reasonable determination of Landlord with respect to all aspects of the Cafeteria and its operation shall govern in the event of any dispute between the parties. B. Subject to reasonable rules and regulations promulgated by Landlord or the operator of the Cafeteria in accordance with Section 5.4 below, Tenant shall have access to the Cafeteria during all Cafeteria operating hours as may be reasonably determined by Landlord operation or New from time to time. In addition, Tenant or any shall have the non-exclusive right, in common with other tenant in tenants at the future utilizing Property, and subject to Landlord's right to schedule such use to accommodate the cafeteria, the Landlord and New Tenant ,and any other tenant will be required to enter into an indemnity agreement with Tenant under terms and conditions required by Tenant (the “Indemnification Agreement”). New needs of Tenant and the other occupants of the Property, to reserve the Cafeteria on an as-needed basis for private meetings, functions, etc., after normal business hours upon Landlord's reasonable approval and at a fee reasonably determined by Landlord from time to time, which fee shall reflect any other tenant costs incurred in connection with providing such after-hours access. C. The cost to Landlord to operate the future Cafeteria shall provide evidence of general liability insurance be included in amounts as required by Tenant, naming Tenant as an additional insured as its interest may appear. Landlord shall also provide evidence to Tenant of an A+ rated commercial general liability insurance policy which encompasses the cafeteria with limits at the minimum of $2,000,000.00 per occurrence, naming Tenant as an additional insuredLandlord's Operating Expenses.