Common use of Project Building and Premises Clause in Contracts

Project Building and Premises. Upon and subject to the terms, covenants and conditions hereinafter set forth in this Lease, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 6 of the Summary (the “Premises”), which Premises are located in the “Building,” as that term is defined in this Section 1.1. The outline of the floor plan of the Premises is set forth in Exhibit A attached hereto. The Premises are located within the building (the “Building”) located at ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇. The Building is part of a project known as Wateridge Summit which is shown, as of the date of this Lease, on the Site Plan attached hereto as Exhibit B. The term “Project,” as used in this Lease shall mean (i) the Building, all other buildings shown to be within the Project on the Site Plan (“Adjacent Buildings”), and the “Common Areas,” as that term is defined in Section 1.2 below, (ii) the land (which is improved with landscaping, parking facilities and other improvements as shown on the Site Plan) upon which the Building, the Adjacent Buildings and the Common Areas are located and (iii) at Landlord’s discretion, any additional real property, areas, land, buildings or other improvements added to the Project pursuant to the terms of Section 1.2 of this Lease. Landlord shall construct the initial Tenant Improvements in the Premises in accordance with the Tenant Work Letter attached hereto as Exhibit D (“Tenant Work Letter”). Tenant acknowledges that, except as otherwise provided in this Lease, neither Landlord nor any agent of Landlord has made any representation as to the condition of the Premises or the suitability of the Premises for Tenant’s intended use. Notwithstanding the foregoing, Landlord shall deliver the Premises to Tenant with the HVAC, mechanical, electrical and plumbing systems in good working order. If such systems are not in good working order and Tenant notifies Landlord within six (6) months following Landlord’s delivery of the Premises that such systems are not in good working order, Landlord shall, at Landlord’s sole cost and expense and as Tenant’s sole remedy therefor, put such systems in good working order, provided that such repairs will be completed with diligence and as soon as reasonably practicable after Tenant’s notice to Landlord.

Project Building and Premises. Upon and subject to the terms, ------------------------------ covenants and conditions hereinafter set forth in this Lease, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 6 of the Summary (the “"Initial Premises”," and together with all space --------- leased by Tenant from time to time pursuant to this Lease, the "Premises"), which Initial Premises are is located in the “"Building,” " as that term is defined in this Section 1.1. The outline of the floor plan of the Premises is set forth in Exhibit A attached hereto1. The Premises are located within a part of the building (the “"Building”") --------- located at ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇85 Enterprise, ▇▇▇ ▇▇▇▇▇Aliso Viejo, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇. The Building California and is a part of a the mixed use project known as Wateridge Summit which is shown, as of the date of this Lease, on the Site Plan attached hereto as Exhibit B. "Summit". The term “"Project,” " as used in this Lease Lease, shall mean (i) the Building, all other buildings shown to be within the Project on the Site Plan (“Adjacent Buildings”), Building and the “"Common Areas,” " as that term is defined in Section 1.2 below, (ii) the land (which is improved with landscaping, parking facilities landscaping and other improvements as shown on the Site Planimprovements) upon which the Building, the Adjacent Buildings Building and the Common Areas are located and located, (iii) the other office buildings located adjacent to the Building and the land upon which such adjacent office buildings are located, (iv) the parking facility servicing the Building (the "Building Parking Facility"), and (v) at Landlord’s 's reasonable discretion, any additional real property, areas, land, buildings or other improvements added thereto outside of but adjacent to or in close proximity with the Project. Tenant shall have the non-exclusive right to use and enjoy in common with other tenants in the Building those portions of the Project which are provided for use in common by Tenant and any other tenants of the Project (the "Common Areas"). Subject to Landlord's reasonable rules and regulations and access control procedures, Tenant shall have the right of access to the Project pursuant to Premises twenty-four (24) hours per day, seven (7) days per week during the terms of Section 1.2 "Lease Term," as that term is defined in Article 2 of this Lease. Landlord shall construct the initial Tenant Improvements Except as specifically set forth in the Premises --------- this Lease and in accordance with the Tenant Work Letter attached hereto as Exhibit D (“Tenant Work Letter”)B, Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that, except as otherwise provided in this Lease, neither Landlord nor any agent of that Landlord has made any no representation as to or warranty regarding the condition of the Premises or the suitability of Building or the Premises for Tenant’s intended use. Notwithstanding Project except as specifically set forth in this Lease and the foregoing, Landlord shall deliver the Premises to Tenant with the HVAC, mechanical, electrical and plumbing systems in good working order. If such systems are not in good working order and Tenant notifies Landlord within six (6) months following Landlord’s delivery of the Premises that such systems are not in good working order, Landlord shall, at Landlord’s sole cost and expense and as Tenant’s sole remedy therefor, put such systems in good working order, provided that such repairs will be completed with diligence and as soon as reasonably practicable after Tenant’s notice to LandlordWork Letter.

Project Building and Premises. Upon and subject to the terms, covenants and conditions hereinafter set forth in this Lease, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 6 of the Summary (the “Premises”), which Premises are is located in the “Building,” as that term is defined in this Section 1.1. The outline of the floor plan of the Premises is set forth in Exhibit A attached hereto1. The Premises are located within a part of the building (the “Building”) located at ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇set forth in Section 6 of the Summary, ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇. The which Building is a part of a the industrial project known as Wateridge the “Summit which is shown, as of Ridge Business Park” (the date of this Lease, on the Site Plan attached hereto as Exhibit B. The term “Project,”). The “Project” as used in this Lease shall mean (i) be deemed to include the Building, all other buildings shown to be within the Project on parking areas servicing the Site Plan Building (the “Adjacent BuildingsBuilding Parking Facility”), any outside plaza areas, the land and other improvements surrounding the Building which are designated from time to time by Landlord as “Common Areas,” as that term is defined in Section 1.2 below, (ii) the land (which is improved with landscaping, parking facilities and other improvements as shown on the Site Plan) upon which appurtenant to or servicing the Building, the Adjacent Buildings and the land upon which any of the foregoing are situated. Tenant shall have the non-exclusive right to use and enjoy in common with other tenants in the Building those portions of the Project which are provided for use in common by Tenant and any other tenants of the Project (the “Common Areas are located and (iii) at Areas”). Subject to Landlord’s discretionreasonable rules and regulations and access control procedures, any additional real property, areas, land, buildings or other improvements added Tenant shall have the right of access to the Project pursuant to Premises twenty-four (24) hours per day, seven (7) days per week during the terms of Section 1.2 “Lease Term,” as that term is defined in Article 2 of this Lease. Landlord shall construct the initial Tenant Improvements in the Premises in accordance with the Tenant Work Letter attached hereto Except as Exhibit D (“Tenant Work Letter”). Tenant acknowledges that, except as otherwise provided specifically set forth in this Lease, neither Landlord nor shall not be obligated to provide or pay for any agent improvement work or services related to the improvement of the Premises. Tenant also acknowledges that Landlord has made any no representation as to or warranty regarding the condition of the Premises or the suitability Building except as specifically set forth in this Lease. Landlord reserves the right to make alterations or additions to or to change the location of elements of the Premises for Project and the Common Areas. Forthwith upon execution hereof, Tenant’s intended use. Notwithstanding the foregoing, Landlord shall deliver the Premises to Tenant with the HVAC, mechanical, electrical and plumbing systems in good working order. If such systems are not in good working order and Tenant notifies Landlord within six (6) months following Landlord’s delivery of the Premises that such systems are not in good working order, Landlord shall, at Landlord’s its sole cost and expense expense, shall arrange for the construction of demising walls for the Premises and the installation of other improvements to the Premises as shown on the Plans (as such term is defined in the Work Letter attached hereto as Exhibit B (the “Work Letter”) (“Tenant’s sole remedy therefor, put such systems in good working order, provided that such repairs will be completed with diligence and as soon as reasonably practicable after Tenant’s notice to LandlordInitial Construction”).