Common use of Premises and Common Areas Clause in Contracts

Premises and Common Areas. (a) Subject to all the provisions of this Lease, Landlord leases to Tenant and Tenant leases from Landlord the Premises, which Premises are improved or to be improved by Landlord with Landlord’s Work described in the Premises Preparation Agreement, those Premises being agreed to have the Approximate Rentable Square Feet designated in Subparagraph 1(b). (b) Tenant shall have the nonexclusive right to use, in common with other present and future tenants in the Building, the following areas (“Common Areas”) appurtenant to the Premises, subject to the Rules and Regulations referred to in Paragraph 30 and to other reasonable rules and regulations which Landlord may deem advisable for the Common Areas (including without limitation the hours during which they are open for use): (i) The Building’s common entrances, lobbies, rest rooms not within a suite, stairways and accessways, loading docks, ramps, drives and platforms and any passageways and serviceways thereto, and the common pipes, conduits, wires and appurtenant equipment serving the Premises; (ii) Loading and unloading areas, trash areas, parking areas, and similar areas and facilities appurtenant to the Building; (iii) The roadways, sidewalks, walkways, parkways, driveways and landscaped areas and similar areas and facilities within the Project which are made available for the use or benefit of all Project tenants and their invitees and other visitors; and (iv) The parking areas, including driveways and alleys and other improvements, as depicted on attached Exhibit A-2. (c) Landlord reserves the right from time to time without unreasonable interference with Tenant’s use: (i) To install, use, maintain, repair and replace pipes, ducts, conduits, wires and appurtenant meters and equipment for service to other parts of the Building above the ceiling surfaces, below the floor surfaces, within the walls and in the central core areas, and to relocate any pipes, ducts, conduits, wires and appurtenant meters and equipment included in the Premises which are located in the Premises or located elsewhere outside the Premises, and to expand the Building and the Project; (ii) To make changes to the Common Areas, including, without limitation, changes in the location, size, shape and number of driveways, entrances, parking spaces, parking areas, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas and walkways; (iii) To temporarily close or designate for other uses any of the Common Areas for purposes of improvement, maintenance or repair, so long as reasonable access to the Premises remains available; (iv) To designate other land outside the boundaries of the Building to be a part of the Common Areas; (v) To add additional buildings and improvements to the Common Areas or the Project; (vi) To use the Common Areas while engaged in making additional improvements, repairs or alterations to the Building or the Project, or any portion thereof; and Table of Contents (vii) To do and perform such other acts and make such other changes in, to or with respect to the Common Areas as Landlord may deem to be appropriate. The preceding reservation of rights to use the Common Areas shall not impose on Landlord any obligation to maintain or repair the Common Areas or any other portion of the Premises except as expressly set forth in this Lease. (d) Landlord and Tenant acknowledge that Tenant is currently occupying the Premises and certain additional space in the Building pursuant to that certain Lease, dated November 20, 1996, as amended (the “Existing Lease”), which Existing Lease expires on May 31, 2002 (“Existing Lease Expiration Date”). Tenant shall continue to have the right to use the warehouse area (the “Warehouse Space”) of Tenant’s existing premises under the Existing Lease (the “Existing Premises”) beyond the Existing Lease Expiration Date until the earlier of the following dates (the “Warehouse Occupancy Period”): (i) October 1, 2002 or (ii) five (5) days after Landlord notifies Tenant that Landlord has obtained the necessary permits to perform Landlord’s Work (defined in the Premises Preparation Agreement) or (iii) thirty (30) days before the target commencement date of a lease entered into for the Vacated Space (as defined in the Work Letter Agreement) between Landlord and a third party, provided that the dates set forth in clauses (ii) and (iii), above, shall in no event be earlier than August 23, 2002. Tenant’s use of the Warehouse Space during the Warehouse Occupancy Period shall be subject to all of the terms and conditions of this Lease (except that no additional Monthly Basic Rent shall be payable in connection with Tenant’s use of the Warehouse Space) and Tenant shall promptly surrender the Warehouse Space in accordance with the provisions of the Existing Lease, notwithstanding that the Existing Lease has terminated. If tenant fails to surrender the Warehouse Space on or before the end of the Warehouse Occupancy Period as required hereunder, then Tenant shall pay Landlord holdover rent for the Warehouse Space in the amount of One Thousand and 00/100 Dollars ($1,000) per day. Notwithstanding any other provision of this Lease, Tenant’s occupancy of the Warehouse Space after the end of the Warehouse Occupancy Period shall be a tenancy at sufferance and Tenant shall reimburse Landlord for and indemnify Landlord against all damages and liability which Landlord incurs from Tenant’s delay in vacating the Warehouse Space, including, without limitation, claims by and liability to any succeeding tenant founded on such delay and any attorneys’ fees and costs.

Premises and Common Areas. (a) Subject to all the provisions of this Lease, Landlord leases to Tenant and Tenant leases from Landlord the Premises, which Premises are improved or to be improved by Landlord with Landlord’s the Work described in the Premises Preparation AgreementAgreement attached as Exhibit B hereto, those Premises being agreed to have the Approximate Rentable Square Feet designated in Subparagraph 1(b). (b) Tenant shall have the nonexclusive right to use, in common with other present and future tenants in the Building, the following areas (“Common Areas”) appurtenant to the Premises, subject to the Rules and Regulations referred to in Paragraph 30 and to other reasonable rules and regulations which Landlord may deem advisable for the Common Areas (including without limitation the hours during which they are open for use): (i) The Building’s common entrances, lobbies, rest rooms not within a suite, stairways and accessways, loading docks, ramps, drives and platforms and any passageways and serviceways thereto, and the common pipes, conduits, wires and appurtenant equipment serving the Premises; (ii) Loading and unloading areas, trash areas, parking areas, and similar areas and facilities appurtenant to the Building; (iii) The roadways, sidewalks, walkways, parkways, driveways and landscaped areas and similar areas and facilities within the Project which are made available for the use or benefit of all Project tenants and their invitees and other visitors; and (iv) The parking areas, including driveways and alleys and other improvements, as depicted on attached Exhibit A-2. (c) Landlord reserves the right from time to time without unreasonable interference with Tenant’s use: (i) To install, use, maintain, repair and replace pipes, ducts, conduits, wires and appurtenant meters and equipment for service to other parts of the Building above the ceiling surfaces, below the floor surfaces, within the walls and in the central core areas, and to relocate any pipes, ducts, conduits, wires and appurtenant meters and equipment included in the Premises which are located in the Premises or located elsewhere outside the Premises, and to expand the Building and the Project; (ii) To make changes to the Common Areas, including, without limitation, changes in the location, size, shape and number of driveways, entrances, parking spaces, parking areas, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas and walkways;; Landlord’s Initials Tenant’s Initials (iii) To temporarily close or designate for other uses any of the Common Areas for purposes of improvement, maintenance or repair, so long as reasonable access to the Premises remains available; (iv) To designate other land outside the boundaries of the Building to be a part of the Common Areas; (v) To add additional buildings and improvements to the Common Areas or the Project; (vi) To use the Common Areas while engaged in making additional improvements, repairs or alterations to the Building or the Project, or any portion thereof; and Table of Contentsand (vii) To do and perform such other acts and make such other changes in, to or with respect to the Common Areas as Landlord may deem to be appropriate. The preceding reservation of rights to use the Common Areas shall not impose on Landlord any obligation to maintain or repair the Common Areas or any other portion of the Premises except as expressly set forth in this Lease. (d) Landlord and Tenant acknowledge that Tenant is currently occupying the Premises and certain additional space in the Building pursuant to that certain Lease, dated November 20, 1996, as amended (the “Existing Lease”), which Existing Lease expires on May 31, 2002 (“Existing Lease Expiration Date”). Tenant shall continue to have the right to use the warehouse area (the “Warehouse Space”) of Tenant’s existing premises under the Existing Lease (the “Existing Premises”) beyond the Existing Lease Expiration Date until the earlier of the following dates (the “Warehouse Occupancy Period”): (i) October 1, 2002 or (ii) five (5) days after Landlord notifies Tenant that Landlord has obtained the necessary permits to perform Landlord’s Work (defined in the Premises Preparation Agreement) or (iii) thirty (30) days before the target commencement date of a lease entered into for the Vacated Space (as defined in the Work Letter Agreement) between Landlord and a third party, provided that the dates set forth in clauses (ii) and (iii), above, shall in no event be earlier than August 23, 2002. Tenant’s use of the Warehouse Space during the Warehouse Occupancy Period shall be subject to all of the terms and conditions of this Lease (except that no additional Monthly Basic Rent shall be payable in connection with Tenant’s use of the Warehouse Space) and Tenant shall promptly surrender the Warehouse Space in accordance with the provisions of the Existing Lease, notwithstanding that the Existing Lease has terminated. If tenant fails to surrender the Warehouse Space on or before the end of the Warehouse Occupancy Period as required hereunder, then Tenant shall pay Landlord holdover rent for the Warehouse Space in the amount of One Thousand and 00/100 Dollars ($1,000) per day. Notwithstanding any other provision of this Lease, Tenant’s occupancy of the Warehouse Space after the end of the Warehouse Occupancy Period shall be a tenancy at sufferance and Tenant shall reimburse Landlord for and indemnify Landlord against all damages and liability which Landlord incurs from Tenant’s delay in vacating the Warehouse Space, including, without limitation, claims by and liability to any succeeding tenant founded on such delay and any attorneys’ fees and costs.

Premises and Common Areas. (a) Subject to all the provisions of this Lease, Landlord leases to Tenant and Tenant leases from Landlord the Premises, which Premises are improved improved, or to be improved improved, by Landlord with Landlord’s Work the Tenant Improvements described in the Premises Preparation AgreementWork Letter Agreement or in an Addenda to Lease, those Premises being agreed to have the Approximate Rentable Square Feet designated described in Subparagraph 1(b). (b) Tenant shall have the nonexclusive right to use, in common with other present and future tenants in the BuildingBuilding and Project, the following areas (“Common Areas”"COMMON AREAS") appurtenant to the Premises, subject to the Rules and Regulations referred to in Paragraph 30 31 and to other reasonable rules and regulations which Landlord may deem advisable for the Common Areas (including without limitation the hours during which they are open for use):Areas: (i) The Building’s 's common entrances, lobbies, rest rooms not within a suite, elevators, stairways and accesswaysaccess ways, loading docksand unloading areas, ramps, drives and platforms and any passageways and serviceways service ways thereto, and the common pipes, conduits, wires and appurtenant equipment serving the PremisesPremises and Building; (ii) Loading and unloading areas, trash areas, parking areas, and similar areas and facilities appurtenant to the Building; (iii) The Project's roadways, sidewalks, walkways, parkways, driveways and landscaped areas, trash areas, parking areas and any other similar areas and facilities within the Project which are made available for the use or benefit of all Project tenants and their invitees and other visitors; and (iv) The parking areas, including driveways and alleys and other improvements, as depicted on attached Exhibit A-2.; (c) Landlord reserves the right from time to time periodically, without unreasonable interference with Tenant’s 's use: (i) To install, use, maintain, repair and replace pipes, ducts, conduits, wires and appurtenant meters and equipment for service to other parts of the Building above the ceiling surfaces, below the floor surfaces, within the walls and in the central core areas, and to relocate any pipes, ducts, conduits, wires and appurtenant meters and equipment included in the Premises which are located in the Premises or located elsewhere outside the Premises, and to expand the Building and the ProjectBuilding; (ii) To make changes to the Common Areas, including, without limitation, changes in the location, size, shape and number of driveways, entrances, parking spaces, parking areas, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas and walkways; (iii) To temporarily close or designate for other uses any of the Common Areas for purposes of improvement, maintenance or repair, so long as reasonable access to the Premises remains available; (iv) To designate other land outside the boundaries of the Building to be a part of the Common Areas; (v) To add additional buildings and improvements to the Common Areas or the Project; (vi) To use the Common Areas while engaged in making additional improvements, repairs or alterations to the Building or the Project, or any portion thereof; and Table of Contents (viiv) To do and perform such other acts and make such other changes in, to or with respect to the Common Areas Areas, the Building or the Project as Landlord may may, in the exercise of sound business judgment, deem to be appropriate. The preceding reservation of rights to use the Common Areas shall not impose on Landlord any obligation to maintain or repair the Common Areas or any other portion of the Premises except as expressly set forth in this Lease. (d) Landlord and Tenant acknowledge that Tenant is currently occupying the Premises and certain additional space in the Building pursuant to that certain Lease, dated November 20, 1996, as amended (the “Existing Lease”), which Existing Lease expires on May 31, 2002 (“Existing Lease Expiration Date”). Tenant shall continue to have the right to use the warehouse area (the “Warehouse Space”) of Tenant’s existing premises under the Existing Lease (the “Existing Premises”) beyond the Existing Lease Expiration Date until the earlier of the following dates (the “Warehouse Occupancy Period”): (i) October 1, 2002 or (ii) five (5) days after Landlord notifies Tenant that Landlord has obtained the necessary permits to perform Landlord’s Work (defined in the Premises Preparation Agreement) or (iii) thirty (30) days before the target commencement date of a lease entered into for the Vacated Space (as defined in the Work Letter Agreement) between Landlord and a third party, provided that the dates set forth in clauses (ii) and (iii), above, shall in no event be earlier than August 23, 2002. Tenant’s use of the Warehouse Space during the Warehouse Occupancy Period shall be subject to all of the terms and conditions of this Lease (except that no additional Monthly Basic Rent shall be payable in connection with Tenant’s use of the Warehouse Space) and Tenant shall promptly surrender the Warehouse Space in accordance with the provisions of the Existing Lease, notwithstanding that the Existing Lease has terminated. If tenant fails to surrender the Warehouse Space on or before the end of the Warehouse Occupancy Period as required hereunder, then Tenant shall pay Landlord holdover rent for the Warehouse Space in the amount of One Thousand and 00/100 Dollars ($1,000) per day. Notwithstanding any other provision of this Lease, Tenant’s occupancy of the Warehouse Space after the end of the Warehouse Occupancy Period shall be a tenancy at sufferance and Tenant shall reimburse Landlord for and indemnify Landlord against all damages and liability which Landlord incurs from Tenant’s delay in vacating the Warehouse Space, including, without limitation, claims by and liability to any succeeding tenant founded on such delay and any attorneys’ fees and costs.

Premises and Common Areas. (a) Subject to all the provisions of this Lease, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Premises, which Premises depicted on Exhibit A. The Premises are improved located in the Building, which, together with the Parking Facilities ("Parking Facilities"), is located on the parcel or parcels of real property ("Project Site") outlined on the Project Site Plan attached hereto, marked as Exhibit "A," and incorporated herein by this reference ("Project Site Plan") (all of which, together with the Building Common Areas and the Project Common Areas, as hereinafter defined, are collectively referred to be improved by Landlord with as the "Project"). Except for Landlord’s Work described in Work, the Premises Preparation Agreementare leased in their “AS-IS” condition. The Premises are agreed, those Premises being agreed for the purposes of this Lease, to have approximately the Approximate number of Rentable Square Feet designated in Subparagraph 1(bSection 1(e). (b) The parties hereto agree that this Lease is upon and subject to the terms, covenants and conditions herein set forth. Each of Landlord and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of said terms, covenants and conditions by it to be kept and performed. (c) The initial Monthly Basic Rent and Tenant's Percentage specified in Section 1 of this Lease are based upon the approximate Rentable Square Feet of the Premises set forth in Section 1(e) and the approximate Rentable Square Feet of the Building and Project set forth in Section 1(q). The buildings were recently measured using the Standard Method for Measuring Floor Area in Office Building, ANSI Z65.1-1996 and its accompanying guidelines, as published by the Building Owners and Managers Association International and the parties agree on the result of such measurements and the Rentable Square Feet set forth in Section 1(e) and 1(q) are the agreed to Rental Square Footages and shall be conclusive upon Landlord and Tenant. The parties agree that any penthouse areas, exterior storage areas, generator and equipment storage areas shall not be included in the calculation of the rentable area of the Building or otherwise considered Rentable Square Feet for purposes of this Lease. (d) Tenant and its employees, invitees and agents shall have the nonexclusive right to use, use in common with other present Landlord, and future tenants in the BuildingLandlord’s employees, the following areas (“Common Areas”) appurtenant to the Premisesinvitees and agents, subject to the Rules and Regulations referred to in Paragraph 30 Section 36(a) below and all covenants, conditions and restrictions affecting the Project, those portions of the Project not leased or designated for lease to tenants that are provided for use in common by Landlord, Tenant and any other reasonable rules and regulations which Landlord may deem advisable for tenants of the Common Areas Project (including without limitation or by the hours during which they sublessees, agents, employees, customers, invitees, guests or licensees of any such party), whether or not those areas are open for use): to the general public, including the following areas appurtenant to the Premises: (i) The the Building’s 's common entrances, lobbies, rest rooms not within a suiterestroom, elevators, stairways and accessways, loading docks, accessways and ramps, drives and platforms and any passageways and serviceways thereto, and the common pipes, conduits, wires and appurtenant equipment serving the Premises; Premises (collectively, the "Building Common Areas"); (ii) Loading loading and unloading areas, trash areas, parking areas, and similar areas and facilities appurtenant to the Building; (iii) The roadways, sidewalks, walkways, parkways, driveways and landscaped areas and similar areas and facilities situated within the Project which are made available for (collectively, the use or benefit of all "Project tenants Common Areas"); and their invitees (iii) the Parking Facilities. The Building Common Areas, the Project Common Areas and other visitors; andthe Parking Facilities may sometimes be collectively referred to as "Common Areas." (iv) The parking areas, including driveways and alleys and other improvements, as depicted on attached Exhibit A-2. (ce) Landlord reserves for itself, and for the owner(s) and operator(s) of the Project or any portion thereof, the right from time to time without unreasonable interference with Tenant’s use: and provided no Adverse Condition results therefrom: (i) To to install, use, maintain, repair and replace pipes, ducts, conduits, wires and appurtenant meters and equipment for service to other parts of the Building above the ceiling surfaces, below the floor surfaces, within the walls and in the central core areasareas of the Premises, and to relocate any pipes, ducts, conduits, wires and appurtenant meters and equipment included in the Premises which are located in the Premises or located elsewhere outside the Premiseselsewhere, and to expand the Building and the Project; Parking Facilities, (ii) To to make changes in its reasonable discretion to the Building Common Areas, the Project Common Areas and/or the Parking Facilities, including, without limitation, changes in the location, size, shape and number of driveways, entrances, parking spaces, parking areas, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas and walkways; ; (iii) To to close temporarily close or designate for other uses any of the Building Common Areas, the Project Common Areas and/or the Parking Facilities for maintenance purposes and to avoid claims of improvement, maintenance or repair, prescriptive rights so long as reasonable access to the Premises remains available; ; (iv) To to designate other land outside the boundaries of the Building or the Project to be a part of the Project Common Areas; ; (v) To to add or subtract additional buildings and improvements to or from the Project Common Areas or the Project; Areas; (vi) To to use the Building Common Areas, the Project Common Areas and/or the Parking Facilities while engaged in making additional improvements, repairs or alterations to the Building Building, the Parking Facilities or the Project, or any portion thereofthereof so long as reasonable access to the Premises remains available and disruptions to Tenant’s business operations are mitigated as per commercially reasonable standards; and Table of Contents (vii) To to do and perform such other acts and make such other changes in, to or with respect to the Common Areas Project or any portion thereof as Landlord may and/or the owner(s) and/or operator(s) thereof may, in the exercise of sound business judgment, deem to be appropriate. The preceding reservation As used in this Lease, "Adverse Condition" means the existence of rights any of the following conditions, other than on a temporary basis (as reasonably needed) in connection with maintenance, repair, alteration or construction activities at the Project as expressly permitted under this Lease, or as required to comply with applicable Law or governmental order, or resulting from damage or destruction, condemnation or Force Majeure: (i) a material adverse interference with Tenant's access to the Building and/or Premises, or use the Common Areas shall not impose on Landlord any obligation to maintain or repair the Common Areas or any other portion of the Premises except as expressly for the Permitted Use; (ii) a material adverse interference with access to, or the number or type of parking spaces allocated to Tenant in, the parking facilities, or a material adverse change in the location of the parking facilities; (iii) an event that materially decreases Tenant's rights otherwise set forth in under this Lease; or (iv) an event which materially increases Tenant’s monetary obligations under this Lease on an overall net basis for any given Lease Year. (df) Pursuant to Section 1938 of the California Civil Code, Landlord hereby advises Tenant that neither the Premises, the Building nor the Project have undergone an inspection by a Certified Access Specialist. The allocation of responsibility between Landlord and Tenant acknowledge that Tenant for making any repairs or modifications to the Premises, Building and/or Project in order to comply with accessibility standards shall be governed by the other provisions of this Lease. The following disclosure is currently occupying the Premises and certain additional space in the Building hereby made pursuant to that certain Lease, dated November 20, 1996, as amended California Civil Code Section 1938(e): “A Certified Access Specialist (CASp) can inspect the “Existing Lease”), which Existing Lease expires on May 31, 2002 (“Existing Lease Expiration Date”). Tenant shall continue to have subject premises and determine whether the right to use the warehouse area (the “Warehouse Space”) of Tenant’s existing subject premises under the Existing Lease (the “Existing Premises”) beyond the Existing Lease Expiration Date until the earlier of the following dates (the “Warehouse Occupancy Period”): (i) October 1, 2002 or (ii) five (5) days after Landlord notifies Tenant that Landlord has obtained the necessary permits to perform Landlord’s Work (defined in the Premises Preparation Agreement) or (iii) thirty (30) days before the target commencement date of a lease entered into for the Vacated Space (as defined in the Work Letter Agreement) between Landlord and a third party, provided that the dates set forth in clauses (ii) and (iii), above, shall in no event be earlier than August 23, 2002. Tenant’s use of the Warehouse Space during the Warehouse Occupancy Period shall be subject to comply with all of the terms and conditions of this Lease (except that no additional Monthly Basic Rent shall be payable in connection with Tenant’s use applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the Warehouse Space) and Tenant shall promptly surrender subject premises, the Warehouse Space in accordance with commercial property owner or lessor may not prohibit the provisions lessee or tenant from obtaining a CASp inspection of the Existing Lease, notwithstanding that the Existing Lease has terminated. If tenant fails to surrender the Warehouse Space on or before the end of the Warehouse Occupancy Period as required hereunder, then Tenant shall pay Landlord holdover rent subject premises for the Warehouse Space in the amount of One Thousand and 00/100 Dollars ($1,000) per day. Notwithstanding any other provision of this Lease, Tenant’s occupancy or potential occupancy of the Warehouse Space after lessee or tenant, if requested by the end lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the Warehouse Occupancy Period shall be a tenancy at sufferance CASp inspection, the payment of the fee for the CASp inspection, and Tenant shall reimburse Landlord for and indemnify Landlord against all damages and liability which Landlord incurs from Tenant’s delay in vacating the Warehouse Space, including, without limitation, claims by and liability cost of making any repairs necessary to any succeeding tenant founded on such delay and any attorneys’ fees and costscorrect violations of construction-related accessibility standards within the premises.”

Premises and Common Areas. (a) Subject to all the provisions of this Lease, Landlord leases to Tenant and Tenant leases from Landlord the Premises, which Premises are improved or to be improved by Landlord with Landlord’s Work the Tenant Improvements described in the Premises Preparation Agreement, those Premises being agreed to have the Approximate Rentable Square Feet designated in Subparagraph 1(b) (the exact number of which shall be determined in accordance with that subparagraph). (b) Tenant shall have the nonexclusive right to use, in common with other present and future tenants in the Building, the following areas (“Common Areas”) appurtenant to the Premises, subject to the Rules and Regulations referred to in Paragraph 30 and to other reasonable rules and regulations which Landlord may deem advisable for the Common Areas (including without limitation the hours during which they are open for use): (i) The Building’s common entrances, lobbies, rest rooms not within a suite, stairways and accessways, loading docks, ramps, drives and platforms and any passageways and serviceways thereto, and the common pipes, conduits, wires and appurtenant equipment serving the Premises; (ii) Loading and unloading areas, trash areas, parking areas, and similar areas and facilities appurtenant to the Building; (iii) The roadways, sidewalks, walkways, parkways, driveways and landscaped areas and similar areas and facilities within the Project which are made available for the use or benefit of all Project tenants and their invitees and other visitors; and (iv) The parking areas, including driveways and alleys and other improvements, as depicted on attached Exhibit A-2. (c) Landlord reserves the right from time to time without unreasonable interference with Tenant’s use: (i) To install, use, maintain, repair and replace pipes, ducts, conduits, wires and appurtenant meters and equipment for service to other parts of the Building above the ceiling surfaces, below the floor surfaces, within the walls and in the central core areas, and to relocate any pipes, ducts, conduits, wires and appurtenant meters and equipment included in the Premises which are located in the Premises or located elsewhere outside the Premises, and to expand the Building and the Project; (ii) To make changes to the Common Areas, including, without limitation, changes in the location, size, shape and number of driveways, entrances, parking spaces, parking areas, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas and walkwayswalkways so long as they do not materially interfere with Tenant’s access to the Premises or ability to conduct business; (iii) To temporarily close or designate for other uses any of the Common Areas for purposes of improvement, maintenance or repair, so long as reasonable access to the Premises remains available; (iv) To designate other land outside the boundaries of the Building to be a part of the Common Areas; (v) To add additional buildings and improvements to the Common Areas or the Project; (vi) To use the Common Areas while engaged in making additional improvements, repairs or alterations to the Building or the Project, or any portion thereof; and Table of Contentsand (vii) To do and perform such other acts and make such other changes in, to or with respect to the Common Areas as Landlord may deem to be appropriate. The preceding reservation of rights to use the Common Areas shall not impose on Landlord any obligation to maintain or repair the Common Areas or any other portion of the Premises except as expressly set forth in this Lease. (d) Landlord and Tenant acknowledge that Tenant is currently occupying the Premises and certain additional space in the Building pursuant to that certain Lease, dated November 20, 1996, as amended (the “Existing Lease”), which Existing Lease expires on May 31, 2002 (“Existing Lease Expiration Date”). Tenant shall continue to have the right to use the warehouse area (the “Warehouse Space”) of Tenant’s existing premises under the Existing Lease (the “Existing Premises”) beyond the Existing Lease Expiration Date until the earlier of the following dates (the “Warehouse Occupancy Period”): (i) October 1, 2002 or (ii) five (5) days after Landlord notifies Tenant that Landlord has obtained the necessary permits to perform Landlord’s Work (defined in the Premises Preparation Agreement) or (iii) thirty (30) days before the target commencement date of a lease entered into for the Vacated Space (as defined in the Work Letter Agreement) between Landlord and a third party, provided that the dates set forth in clauses (ii) and (iii), above, shall in no event be earlier than August 23, 2002. Tenant’s use of the Warehouse Space during the Warehouse Occupancy Period shall be subject to all of the terms and conditions of this Lease (except that no additional Monthly Basic Rent shall be payable in connection with Tenant’s use of the Warehouse Space) and Tenant shall promptly surrender the Warehouse Space in accordance with the provisions of the Existing Lease, notwithstanding that the Existing Lease has terminated. If tenant fails to surrender the Warehouse Space on or before the end of the Warehouse Occupancy Period as required hereunder, then Tenant shall pay Landlord holdover rent for the Warehouse Space in the amount of One Thousand and 00/100 Dollars ($1,000) per day. Notwithstanding any other provision of this Lease, Tenant’s occupancy of the Warehouse Space after the end of the Warehouse Occupancy Period shall be a tenancy at sufferance and Tenant shall reimburse Landlord for and indemnify Landlord against all damages and liability which Landlord incurs from Tenant’s delay in vacating the Warehouse Space, including, without limitation, claims by and liability to any succeeding tenant founded on such delay and any attorneys’ fees and costs.