EXHIBIT 10.42
-------------
SECOND AMENDMENT TO LEASE AGREEMENT
AND EXTENSION OF TERM
THIS SECOND AMENDMENT TO LEASE AGREEMENT AND EXTENSION OF TERM (this
"Amendment") is made as of March 31, 1998 by and between METRO PARK LLC, a
Delaware limited liability company, successor-in-interest to Rockville
Office/Industrial Associates ("the Landlord"), and COMTEQ FEDERAL, INC., a
Maryland corporation ("the Tenant").
RECITALS
WHEREAS, the Landlord and the Tenant are parties to that certain Agreement
of Lease dated December 14, 1993, as amended by the First Amendment to Lease
Agreement dated November 1, 1996 (collectively, the "Lease"), pursuant to which
the Tenant agreed to lease from the Landlord certain premises consisting of
approximately 4,169 square feet of space located in a building situated at 7501-
0000 Xxxxxxxx Xxxxx, Xxxxxxxxx, XX 00000, in Xxxxxxxxxx County, Maryland, as
more particularly described in the Lease (the "Original Premises"); and
WHEREAS, the Lease expires by its terms on March 31, 1998 (the "Existing
Expiration Date"), the Landlord and the Tenant desire to extend the term of the
Lease by a period of five (5) years, upon the terms and subject to the
conditions which are hereinafter set forth, and to make certain other amendments
to the Lease as described herein.
NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual entry into this
Amendment, and for other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the Landlord and the Tenant hereby
agree that the Lease is amended, modified and supplemented as follows:
1. Defined Terms. All capitalized terms used in this Amendment and not
-------------
specifically defined herein shall have the meaning ascribed to those terms in
the Lease.
2. Term Extended. Subject to the provisions of this Amendment, the term
-------------
of the Lease is hereby amended to expire on March 31, 2003 (the "New Expiration
Date"). The period commending on April 1, 1998 and continuing until the New
Expiration Date shall be referred to in this Amendment as the "Extension Term."
The term "Extension Lease Year" shall mean (a) the period commencing on April 1,
1998 and terminating on March 31, 1999 and (b) each successive period of twelve
(12) calendar months thereafter during the Extension Term. During the Extension
Term, (i) all references in the Lease to "Lease Year" shall be deemed to mean
"Extension Lease Year", as defined above, and (ii) all references to "the Term"
of the Lease including, without limitation, Subsection 1.1 of the Lease, shall
be deemed to include the Extension Term, as defined above.
3. Premises Expanded. The Landlord and the Tenant agree that,
-----------------
effective April 1, 1998, the Original Premises shall be expanded by 4,017 rental
square feet of adjoining space as more particularly shown on Exhibit A, so that
---------
the total rentable square feet of the Premises shall be 8,186 square feet, and
shall include Suites 7503 and 7505.
4. Holding Over. Subsection 1.4.2 of the Lease is hereto amended to
------------
provide that in the event the Tenant continues to occupy the Premises after the
expiration of the Term or any earlier termination of the Lease without obtaining
the Landlord's express consent, the rental payable during the period of such
occupancy shall equal two hundred percent (200%) of the rental which was payable
under the Lease immediately preceding such expiration or termination, prorated
on a per diem basis, together with all damages (direct and consequential)
sustained by the Landlord on account thereof.
5. Rent for Extension Period. As of April 1, 1998, Subsection 2.1 of
-------------------------
the Lease is hereby deleted and the following inserted in lieu thereof:
2.1. Amount. As rent for the Premises (all of which is hereinafter
------
referred to collectively as "Rent"), the Tenant shall pay to the Landlord
all of the following:
2.1.1. Base Rent. An annual rent (hereinafter referred to as "the Base
---------
Rent") comprised of the aggregate of the following components:
(a) Net Component-a net component (hereinafter referred to as "the
Net Component") which shall be in accordance with the following schedule:
----------------------------------------------------------
Period the Net Component
------ -----------------
the Commencement Date
through
March 31, 1999 $ 90,046.00
through
March 31, 2000 $ 98,232.00
through
March 31, 2001 $106,418.00
through
March 31, 2002 $114,604.00
----------------------------------------------------------
----------------------------------------------------------
through
New Expiration Date $122,790.00
----------------------------------------------------------
AND
(b) Costs Component. an initial operating costs component
(hereinafter referred to as "the Costs Component") which, for each
Extension Lease Year during the Term, is in the sum of $45,023.00 (but
without impairing the Tenant's liability for any Additional Rent accruing
under the provision of subsection 2.2).
6. Opening Cost Percentage. As of April 1, 1998, Subsection 2.2.1 (b)
-----------------------
(iii) of the Lease is hereby amended by deleting the language "shall be two
point five (2.5%)" and inserting "shall be four point nine percent (4.9%)".
If the Building is not fully occupied during all or a portion of any
calendar year, the Landlord may, in accordance with sound accounting and
management practices, determine the amount of variable Annual Operating Costs
(i.e. those items which vary according to occupancy levels) that would have been
paid had the Building been fully occupied, and the amount so determined shall be
deemed to have been the amount of Annual Operating Costs for such year. If the
Landlord is not furnishing any particular utility or service (the cost of which,
if performed by the Landlord, would be included in Annual Operating Costs) to a
tenant during any period, the Landlord may for such period: (i) adjust Annual
Operating Expenses to reflect the additional amount that would reasonably have
been incurred during such period had the Landlord furnished such utility or
service to such Tenant, or (ii) exclude the rentable area of such tenant from
the rentable area of the Building in computing the Tenant's share of Annual
Operating Costs for such utility or service.
7. Security Deposit. The Landlord acknowledges the prior receipt of
----------------
the sum of $4,899.00, to be held and/or applied by the Landlord in accordance
with subsection 2.6 of the Lease.
8. Landlord's Work and Contributions. Subsection 5.1 of the Lease and
---------------------------------
Paragraph 4 of the Addendum to the Lease are hereby deleted, and the following
substituted in lieu thereof:
5.1 By Landlord.
5.1.1 At the Landlord's expense up to a maximum of $61,015.00
("Landlord's Contribution"), the Landlord agrees to provide "Building
Standard" improvements to the Premises in accordance with interior design
drawing and final construction documents previously approved by the Tenant
and the Landlord. Landlord's Contribution shall be applied to all
construction costs, including the cost of drawings and documents,
architectural and engineering fees, labor materials and a construction
management fee payable to the Landlord equal to 1.25% of the total
construction costs (collectively, "Improvement Costs"). In the event the
Improvement Costs exceed Landlord's Contribution, then the Tenant shall pay
the entire amount of the excess, in lump sum, within ten (10) days after
the Landlord's billing thereof. For purposes of this paragraph, "Building
Standard" means materials and finishes of the quality and character
customarily offered by the Landlord to new tenants of the Building as its
"standard" or base level.
5.1.2 The Tenant acknowledges that the Tenant has inspected the Premises,
and except as specifically provided in the foregoing paragraph, the Tenant
agrees to accept the Premises and the Building and improvements comprising
same "AS IS", in their present condition, as suitable for the purpose for
which the Premises are leased, as more particularly provided in Section 2
of this Lease (as modified by the Addendum).
5.1.3 The Landlord shall use reasonable efforts to complete such
improvements as soon as practical. In the event the improvements described
in subsection 5.1.1 are not substantially completed prior to the
commencement of the Extension Term through no fault of the Tenant, the
Extension Term shall not be extended or modified, but until such
improvements are substantially completed, the Tenant shall continue to
occupy the Original Premises, and shall pay as Rent for the Original
Premises the Base Rent and other Rent provided for under the Lease during
the period immediately preceding the commencement of the Extension Term.
Should occupancy of the entire Premises become available other than on the
first day of a calendar month, the Rent shall be adjusted on a daily basis,
based on one three-hundred sixty-fifth (1/365) of the full Rent, for each
day of such calendar month when occupancy of the entire Premises had been
available to the Tenant.
5.1.4. In the event the Tenant vacates the Premises and there is a default
in the payment of Rent under this Lease, or in the event the Landlord
obtains possession of the Premises or terminates the Lease by reason of a
Default by the Tenant, the Tenant shall pay to the Landlord, upon demand,
as additional rent hereunder, the full unamortized amounts (based on an
amortization period of five (5) years and including interest at 11.00% per
annum on the outstanding principal balance) of Landlord's Contribution.
9. Insurance. As of May 1, 1998, Section 4 of the Lease is hereby
---------
deleted in its entirety and Section 4 attached hereto as Exhibit B is
---------
substituted in its place.
10. Landlord's Rights. As of May 1, 1998, Section 7 of the Lease is
-----------------
hereby deleted in its entirety and Section 7 attached hereto as Exhibit C is
---------
substituted in its place.
11. Disabilities Act. The parties acknowledge that the Americans With
----------------
Disabilities Act of 1990 (42 U.S.C. (S) 1210 et seq.) and regulations and
guidelines promulgated thereunder ("ADA"), and any similarly motivated state and
local laws ("Local Barriers Act"), as the same
may be amended and supplemented from time to time (collectively referred to
herein as the "Disabilities Acts") establish requirements for business
operations, accessibility and barrier removal, and that such requirements may or
may not apply too the Premises, Building or Property depending on, among other
things: (i) whether the Tenant's business is deemed a "public accommodation" or
"commercial facility", (ii) whether such requirements are "readily achievable",
and (iii) whether a given alteration affects a "primary function area" or
triggers "path of travel" requirements. The Landlord and the Tenant hereby agree
that: (a) the Landlord shall perform any required ADA Title II and related Local
Barriers Acts compliance in the common areas of the Building, except as provided
below, (b) the Tenant shall perform any required ADA Title III and related Local
Barriers Acts compliance in the Premises, and (c) the Landlord may perform, or
require the Tenant to perform, and the Tenant shall be responsible for the cost
of, ADA Title III and related Local Barriers Acts "path of travel" and other
requirements triggered by any public accommodation or other use of, or
alterations in the Premises, and (d) the Tenant shall be responsible for ADA
Title I and related Local Barriers Acts requirements relating to the Tenant's
employees, and the Landlord shall be responsible for ADA Title I and related
Local Barriers Acts requirements relating to the Landlord's employees.
12. Estoppel Certificates. The Tenant shall from time to time, within
---------------------
five (5) days after written request from the Landlord, execute, acknowledge and
deliver a statement certifying: (i) that the Lease is unmodified and in full
force and effect or, if modified, stating the nature of such modification and
certifying that the Lease as so modified, is in full force and effect (or
specifying the ground for claiming that the Lease is not in force and effect),
(ii) the dates to which the Rent has been paid, and the amount of any Security
Deposit, (iii) that the Tenant is in possession of the Premises, and paying Rent
on a current basis with no offsets, defenses or claims, or specifying the same
if any are claimed, (iv) that there are not, to the Tenant's knowledge, any
uncured defaults on the part of the Landlord or the Tenant which are pertinent
to the request, or specifying the same if any are claimed, and (v) certifying
such other matters, and including such current financial statements, as the
Landlord may reasonably request, or as may be requested by the Landlord's
current or prospective Lenders, insurance carriers, auditors, and prospective
purchasers (and including a comparable certification statement from any
subtenant respecting its sublease). Any such statement may be relied upon by
any such parties. If the Tenant shall fail to execute and return such statement
within the time required herein, the Tenant shall be deemed to have agreed with
the matters set forth therein, and the Landlord acting in good faith shall be
authorized as the Tenant's agent and attorney-in-fact to execute such statements
on behalf of the Tenant (which shall not be in limitation of the Landlord's
other remedies).
13. Authority. Each party hereto hereby represents and warrants to the
---------
other that the representing party has full power, authority and legal right to
execute, enseal, acknowledge and deliver this Amendment and that this Amendment
constitutes the representing party's binding legal obligation.
14. Counterpart Execution. This Amendment may be executed in two or more
---------------------
counterparts, each of which shall be deemed to be an original, but all of which
together shall
constitute one and the same instrument and shall not become effective unless and
until executed and delivered to each party.
15. Effective of this Amendment. Except as herein set forth, the
---------------------------
provisions of the Lease shall remain in full force and effect and all references
to the Lease shall be deemed to mean the Lease as amended by this Amendment.
16. Effectiveness of Amendment. The effectiveness of this Amendment is
--------------------------
subject to the express condition that no Event of Default shall have occurred
which as of the Existing Termination Date had not theretofore been remedied.
17. Real Estate Broker. The Tenant represents that the Tenant has dealt
------------------
only with Insignia/Xxxxxx Xxxxxx (whose commission, if any, shall be paid by the
Landlord pursuant to separate agreement) as broker, agent or finder in
connection with this Amendment, and agrees to indemnify and hold the Landlord
harmless from all damages, judgments, liabilities and expenses (including
reasonable attorneys' fees) arising from any claims or demands of any other
broker, agent or finder with whom the Tenant has dealt for any commission or fee
alleged to be due in connection with its participation in the procurement of the
Tenant or the negotiation with the Tenant of this Amendment.
18. Deletion of Addendum Provisions. Paragraphs 4 and 5 of the lease
-------------------------------
provisions contained on the rider attached to the original Lease, totaled
"Improvements to the Premises" and "Rent Abatement," are hereby deleted.
IN WITNESS WHEREOF each party hereto has executed and ensealed this
Amendment or caused it to be executed and ensealed on hits behalf by its duly
authorized representatives as of the day and year first above written.
The Landlord:
WITNESS: METRO PARK, LLC
By:______________________________ By: /s/ Xxx Xxxxxx [SEAL]
---------------------------
Name: Name: not legible
Title: Authorized Signatory
The Tenant:
ATTEST TO: COMTEQ FEDERAL, INC.
By: /s/ Xxxxxx Xxxxxx By: /s/ Xxxxx Xxxxxxx [SEAL]
------------------------------ ---------------------------
Name: Xxxxxx Xxxxxx Name: Xxxxx Xxxxxxx
Title: Admin Title: Controller
This page is the signature page of that SECOND LEASE MODIFICATION AND EXTENSION
OF TERM made as of March 31, 1998 by and between METRO PARK, LLC, and COMTEQ
FEDERAL, INC.
EXHIBIT B
Section 4: INSURANCE AND WAIVER OF CLAIMS
--------- ------------------------------
A. Required Insurance. The Tenant shall maintain at its expense during
------------------
the Term with respect to the Premises and the Tenant's use thereof and of the
Building and the Property:
(i) Worker's Compensation Insurance in the amounts required by statute,
-------------------------------
and Employer Liability Insurance in at least the following amounts: (a) Bodily
Injury by Accident - $500,000 per accident, (b) Bodily Injury by Disease -
$500,000 per employee, and (c) Aggregate Limit - $1,000,000 per policy year.
(ii) Property Damage Insurance for the protection of the Tenant and the
-------------------------
Landlord, as their interests may appear, covering any alterations or
improvements in excess of any work provided or paid for by the Landlord under
the Lease, the Tenant's personal property, business records, fixtures and
equipment, and other insurable risks in amounts not less than the full insurable
replacement cost of such property and full insurable value of such other
interests of the Tenant, with coverage at least as broad as the most recent
editions published by Insurance Services Office, Inc. or any successor
organization ("ISO"), of: (a) Building and Personal Property Coverage Form
(CP1030), (b) Business Income Coverage Form (CP0030), covering at least one year
of anticipated income, (c) Boiler and Machinery Coverage Form (BM0025), (d)
Causes of Special Loss Form (CP1030), and (e) Sprinkler Leakage - Earthquake
Extension (CP1039).
(iii) Commercial General Liability Insurance ("CGL") at least as broad as
---------------------------------------
the most recent ISO edition of Commercial General Liability Coverage Form
(CG0001) with limits of at least the following amounts: (a) Death or Bodily
Injury - $2,000,000, (b) Property Damage or Destruction (including loss of use
thereof) - $1,00,000, (e) Each Occurrence Limit - $2,000,000, and (f) General
Aggregate Limit - $3,000,000 per policy year. Such policy shall include
endorsements: (1) for contractual liability covering the Tenant's indemnity
obligations under this Lease, and (2) adding the Landlord, the management
company for the Building and the Property, and other parties designated by the
Landlord, as Additional Insureds, on a form at least as broad as the most recent
edition of Additional Insured - Manager or Lessor of Premises Endorsement Form
(CG2011) published by ISO.
B. Certificates, Subrogation and Other Matters. The Tenant shall
-------------------------------------------
provide the Landlord with certificates evidencing the coverage required
hereunder prior to the Commencement Date, or the Tenant's entry to the Premises
for construction of improvements or any other purpose (whichever first occurs).
Such certificates shall: (i) be on XXXXX Form 27 or such other form approved or
required by the Landlord, (ii) state that such insurance coverage may not be
changed, canceled or non-renewed without at least thirty (30) days prior written
notice to the Landlord, and (iii) include, as attachments, originals of the
Additional insured endorsements to the Tenant's CGL policy required above. The
Tenant shall provide renewal certificates to the Landlord at least thirty (30)
days prior to expiration of such policies. Except as expressly provided to the
contrary herein, coverage hereunder shall apply to events occurring during the
policy year regardless of when a claim is made. The Landlord may periodically
require that the Tenant reasonably increase or expand the aforementioned
coverage. Except as provided to the contrary herein, any insurance carried by
the Landlord or the Tenant shall be for the sole benefit of the party carrying
such insurance. If the Tenant obtains insurance under "blanket policies," the
Tenant shall obtain an endorsement providing that the insurance limits required
hereunder are not subject to reduction or impairment by claims or losses at
other locations. The Tenant's insurance policies shall be primary to all
policies of the Landlord and any other Additional insureds (whose policies shall
be deemed excess and non-contributory). All insurance required hereunder shall
be provided by responsible insurers licensed in the State of Maryland, and shall
have a general policyholder's rating of at least A and a financial rating of at
least X in the then current edition of Best's Insurance Reports. The parties
mutually hereby waive all rights and claims against each other for all losses
covered by their respective insurance policies, and waive all rights of
subrogation of their respective insurers. The parties agree that their
respective insurance policies are now, or shall be, endorsed such that said
waiver of subrogation shall not affect the right of the insured to recover
thereunder. The Landlord disclaims any representation as to whether the
foregoing coverages will be adequate to protect the Tenant, and the Tenant
agrees to carry such additional coverage as may be necessary or appropriate.
C. Waiver of Claims. Except for claims arising from the Landlord's
----------------
intentional or grossly negligent acts which are not covered or required to be
covered by the Tenant's insurance hereunder, the Tenant waives all claims
against the Landlord for injury or death to persons, damage to property or to
any other interest of the Tenant sustained by the Tenant or any party claiming
by or through the Tenant resulting from: (i) any occurrence in or upon the
Premises, (ii) leaking of roofs, bursting, stoppage or leaking of water, gas,
sewer or steam pipes or equipment, including sprinklers, (iii) wind, rain, snow,
ice, flooding (including flooding of basements and other subsurface areas),
freezing, fire, explosion, earthquake, excessive heat or cold, dampness, fire or
other casualty, (iv) the Property, Building, Premises, systems and equipment
being defective, out of repair, or failing, and (v) vandalism, malicious
mischief, theft, misappropriation or other acts or omissions of any parties
including the Tenant's employees, other tenants, and their respective agents,
employees, invitees and contractors (and the Tenant shall give the Landlord
immediate notice of any such occurrences). To the extent that the Tenant is
required to or does carry insurance hereunder, the Tenant agrees that the
Tenant's property loss risks shall be borne by such insurance, and the Tenant
agrees to seek recovery only from its insurance carriers in the event of such
losses; for purposes hereof, any deductible amount shall be treated as though it
were recoverable under such policies. This provision is in addition to, and not
in limitation of, other provisions of the Lease limiting the Landlord's
liability.
D. Liability of Parties. Except if and to the extent that such party is
--------------------
released from liability to the other party hereto pursuant to the provisions of
Paragraph B;
(i) the Landlord (a) shall be responsible for, and shall indemnify
and hold harmless the Tenant against and from any and all liability arising out
of, any injury to or death of any person or damage to any property, occurring
anywhere upon the Property, if, only if and to the extent that such injury,
death or damage is proximately caused by the negligent or intentionally tortious
act or omission of the Landlord or its agents, officers or employees, but (b)
shall not be responsible for or be obligated to indemnify or hold harmless the
Tenant against or from any liability for any such injury, death or damage
occurring anywhere upon the Property (including the Premises), (i) by reason of
the Tenant's occupancy or use of the Premises or any other portion of the
Property, or (ii) because of fire, windstorm, act of God or other cause unless
proximately caused by such negligent or intentionally tortious act or omission
of the Landlord, as aforesaid; and
(ii) subject to the operation and effect of the foregoing provisions
of this subsection, the Tenant shall be responsible for, and shall defend,
indemnify and hold harmless the Landlord against and from, any and all liability
or claim of liability arising out of any injury to or death of any person or
damage to any property, occurring within the Premises, unless resulting from
fire, windstorm, act of God or other cause not proximately caused b the
negligent or intentionally tortious act or omission of the Tenant, or any of
their respective officers, employees, or agents.
EXHIBIT C
Section 7: LANDLORD'S RIGHTS
--------- -----------------
Except to the extent expressly limited herein, the Landlord reserves full
rights to control the Building and the Property (which rights may be exercised
without subjecting the Landlord to claims for constructive eviction, abatement
of Rent, damages or other claims of any kind), including more particularly, but
without limitation, the following rights:
A. General Matters. To: (i) change the name or street address of the
---------------
Building or the Property or designation of the Premises, (ii) install and
maintain signs on the exterior and interior of the Building or the Property, ad
grant any other Person the right to do so, (iii) retain at all times, and use in
appropriate instances, keys to all doors within and into he Premises, (iv) grant
to any Person the right to conduct any business or render any service at the
Building or the Property, whether or not the same are similar to the use
permitted the Tenant by this Lease, (v) grant any Person the right to use
separate security personnel and systems respecting access to their premises,
(vi) have access for the Landlord and other Tenants of the Building or the
Property to any mail chutes located on the Premises according to the rules of
the United States Postal Service (and to install or remove such chutes), and
(vii) in case of fire invasion, insurrection, riot, civil disorder, public
excitement or other dangerous condition, or threat thereof: (a) limit or prevent
access to the Building or the Property, (b) shut down elevator service, (c)
activate elevator emergency controls, and (d) otherwise take such action or
preventative measures deemed necessary by the Landlord for the safety of the
Tenants of the Building or the Property or the protection of the Building or the
Property and other property located thereon or therein (but this provision shall
impose no duty on the Landlord to take such actions, and no liability for
actions taken in good faith).
B. Access To Premises. To enter the Premises in order to: (i) inspect,
------------------
(ii) supply cleaning service or other services to be provided the Tenant
hereunder, (iii) show the Premises to current and prospective Lenders, insurers,
purchasers, tenants, brokers and governmental authorities, (iv) decorate,
remodel or alter the Premises if the Tenant shall abandon the Premises at any
time, or shall vacate the same during the last 120 days of the Term (without
thereby terminating this Lease), and (v) perform any work or take any other
actions under Paragraph C below, or exercise other rights of the Landlord under
this Lease or applicable laws. However, the Landlord shall: (a) provide
reasonable advance written or oral notice to the Tenant's on-site manager or
other appropriate person for matters which will involve a significant disruption
to the Tenant's business (except in emergencies), (b) take reasonable steps to
minimize any significant disruption to the Tenant's business, and following
completion of any work, return the Tenant's leasehold improvements, fixtures,
property and equipment to the original locations and condition to the fullest
extent reasonably possible, and (c) take reasonable steps to avoid materially
changing the configuration or reducing the square footage of the Premises,
unless required by laws or other causes beyond the Landlord's reasonable control
(and in the event of any
permanent material reduction, the Rent and other rights and obligations of the
parties based on the square footage of the Premises shall be proportionately
reduced). The Tenant shall not place partitions, furniture or other obstructions
in the Premises which may prevent or impair the Landlord's access to the systems
and equipment for the Building or the systems and equipment for the Premises. If
the Tenant requests that any such access occur before or after the Landlord's
regular business hours and the Landlord approves, the Tenant shall pay all
overtime and other additional costs in connection therewith.
C. Changes To The Building or the Property. To: (i) paint and decorate,
---------------------------------------
(ii) perform repairs or maintenance, (iii) add land, buildings, easements or
other interests to, or sell or eliminate the same from, the Building or the
Property, and grant interests and rights in the Building or the Property to
other parties, and convert common areas to rentable areas and rentable areas to
common areas, and (iii) make replacements, restorations, renovations,
alterations, additions and improvements, structural or otherwise (including
freon retrofit work), in and to the Building or the Property or any part
thereof, including any adjacent building, structure, facility, land, street or
alley, or change the uses thereof (other than the Tenant's permitted use),
including changes, reductions or additions of corridors, entrances, doors,
lobbies, parking facilities and other areas, structural support columns and
shear walls, elevators, stairs, escalators, mezzanines, solar tint windows or
film, kiosks, planters, sculptures, displays, and other amenities and features
therein, and changes relating to the connection with or entrance into or use of
the Building or the Property or any other adjoining or adjacent building or
buildings, now existing or hereafter constructed. In connection with such
matters, the Landlord may among other things erect scaffolding, barricades and
other structures, open ceilings, close entry ways, restrooms, elevators,
stairways, corridors, parking and other areas and facilities, and take such
other actions as the Landlord deems appropriate. However, the Landlord shall:
(a) take reasonable steps to minimize or avoid any denial of access to the
Premises except when necessary on a temporary basis, and (b) in connection with
entering the Premises shall comply with Paragraph B above.
