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First Amendment Amendment 1 to the Lease dated 28th day of April 2003 by and between OVERLAKE OFFICE BUILDING LLC (?Landlord?) and Sound Health Solutions, Inc. (?Tenant?) for that certain space commonly known as Suite B-115 of the Overlake Office Building described below.

Office Lease Agreement

First Amendment

 

Amendment 1 to the Lease dated 28th day of April 2003
by and between OVERLAKE OFFICE BUILDING LLC (?Landlord?) and Sound
Health Solutions, Inc. (?Tenant?) for that certain space commonly known as Suite
B-115 of the Overlake Office Building described below.
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IVOW, INC.

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Title: First Amendment Amendment 1 to the Lease dated 28th day of April 2003 by and between OVERLAKE OFFICE BUILDING LLC (?Landlord?) and Sound Health Solutions, Inc. (?Tenant?) for that certain space commonly known as Suite B-115 of the Overlake Office Building described below.
Governing Law: Washington     Date: 3/31/2006
Industry: Medical Equipment and Supplies     Sector: Healthcare

First Amendment

 

Amendment 1 to the Lease dated 28th day of April 2003
by and between OVERLAKE OFFICE BUILDING LLC (?Landlord?) and Sound
Health Solutions, Inc. (?Tenant?) for that certain space commonly known as Suite
B-115 of the Overlake Office Building described below.
, Parties: ivow  inc.
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Exhibit 10.14

 

First Amendment

 

Amendment 1 to the Lease dated 28 th day of April 2003
by and between OVERLAKE OFFICE BUILDING LLC (“Landlord”) and Sound
Health Solutions, Inc. (“Tenant”) for that certain space commonly known as Suite
B-115 of the Overlake Office Building described below.

 

Legal description:

Lots 4 A of Lot Line Adjustment No. SS-83-13, according to the Lot Line Adjustment recorded under Recording No. 8504100678, being a revision of Lot Line Adjustment recorded under Recording No. 8501160598, situate in the City of Redmond, County of King, State of Washington.

 

It is hereby agreed as follows:

 

Additional Storage Space

 

Tenant hereby leases an additional 410 rentable square feet, Suite B-8, in the basement as storage for Tenant’s business on a month to month basis commencing May 1, 2005. The rental structure for such storage space is as follows:

 

410 sq. ft.                $9.38/sf/yr              $320.48/mo.

 

All other terms and conditions of the original Lease shall remain the same.

 

/s/ Joe Yecich

5/19/05

 

 

 

/s/ Teresa Girolami

 

5/19/05

Overlake Office Building LLC

Date

 

 

 

Sound Health Solutions

 

Date

Joe Yecich Manager

 

 

 

 

 

 

 



 

OFFICE LEASE

 

15446 BEL-RED ROAD BUILDING LEASE

 

THIS LEASE is made this 28 th day of April, 2003, by and between Overlake Office Building LLC (“Landlord”), and Sound Health Solutions, Inc., a Washington State Corporation (“Tenant”).

 

WITNESSETH:

 

In consideration of the mutual covenants and agreements set forth below, Landlord and Tenant agree as follows:

 

1.              Lease Data; Exhibits . The following definitions shall apply, except as otherwise specifically modified herein:

 

(a)            Building :  15446 Bel-Red Road Building, Suite #B-15, Redmond, Washington situated on the Land described more particularly in Exhibit A attached.

 

(b)            Land :  The real property legally described in Exhibit A attached.

 

(c)            Premises :  Those certain premises with an agreed area of 6,771 net rentable square feet located on Building Floor(s) ground floor as crosshatched on the floor plan(s) of the Building attached hereto as Exhibit B .

 

(d)            Commencement Date :  October 1, 2003 or such earlier or later date as is provided in Section 3 hereof.

 

(e)            Termination Date :  November 30, 2008.

 

(f)             Rent :  The following dollar amounts per month, as base rent, payable on or before the first day of each month:

 

10/1/2003 to 11/30/2003 $-0-/mo.

 

$-0-/yr.

 

-0-/sq. ft.

12/1/2003 to 11/30/2004 $10,156.50/mo.

 

$121,878.00/yr.

 

18.00/sq. ft.

12/1/2004 to 11/30/2005 $10,579.69/mo.

 

$126,956.25/yr.

 

18.75/sq. ft.

12/1/2005 to 11/30/2006 $11,002.88/mo.

 

$132,034.50/yr.

 

19.50/sq. ft.

12/1/2006 to 11/30/2007 $11,454.28/mo.

 

$137,451.30/yr.

 

20.30/sq. ft.

12/1/2007 to 11/30/2008 $11,905.68/mo.

 

$142,868.10/yr.

 

21.10/sq. ft.

 

Tenant shall also pay additional rent as provided below.

 

(g)            Security Deposit :  $22,062.18 of which $10,156.50 is a Minimum Rent Deposit to be applied to Monthly Minimum Rent for the third month of the Lease Term and $11,905.68 is a Security Deposit.

 

(h)            Parking :  27 unassigned spaces.

 

(i)             Base Year :  2003

 

(j)             Notice Addresses :

 

Landlord:                Overlake Office Building LLC

c/o Kauri Investments

4014 Aurorn Avenue North, Suite B

Seattle, WA  98103

 

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Tenant:                   Before Commencement of Lease:

Sound Health Solutions, Inc.

14730 NE 8 th St., Suite 110

Bellevue, WA  98007

 

After Commencement of Lease:

Sound Health Solutions, Inc.

15446 Bel-Red Road, Suite B-15

Redmond, WA  98052

 

(k)            Exhibits :  The following exhibits are made a part of this Lease:

 

Exhibit A – Legal Description of Land

Exhibit B – Floor Plan of Premises

Exhibit C – Rider

Exhibit D – Tenant Improvement Work

Exhibit E – Guaranty of Lease

Exhibit F – Rules & Regulations

 

(l)             Tenant’s Share :  “Tenant’s Share” shall mean the percentage determined by dividing the net rentable area of the Premises by the net rentable area of the Building. If the net rentable area of the Premises or Building is modified, Landlord shall adjust Tenant’s Share to reflect such change. As used in this Lease, Landlord and Tenant agree that Tenant’s Share is .1384 (13.84%).

 

(m)           Net Rentable Area of the Building :  The agreed Net Rentable Area of the Building is 48,906 square feet.

 

2.              Premises .

 

(a)            Definition . Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, those certain premises (the “Premises”) described in Section 1(c) above.

 

(b)            Changes to Building . Tenant acknowledges that Landlord may in its discretion increase, decrease or change the number, locations and dimensions of any hallways, lobby areas, common areas and other improvements shown on Exhibit B which are not within the Premises. Landlord reserves the right from time to time to (i) install, use, maintain, repair, relocate and replace pipes, ducts, conduits, wires and appurtenant meters and equipment for service to the Premises or to other parts of the Building in areas above the suspended ceiling surfaces, below the floor surfaces, within the walls and in the central core areas of the Building within the Premises and elsewhere in the Building; (ii) alter or expand the Building; and (iii) alter, relocate or substitute any of the Common Areas referenced in Section 2(d) below.

 

(c)            Condition . The Premises are leased by Landlord and accepted by Tenant “As Is” in their present condition. Unless otherwise agreed to in writing by Landlord and Tenant, Landlord shall have no obligation to make any alterations or improvements to the Premises, provided Landlord will perform normal janitorial cleaning services to the Premises prior to delivery of the Premises to Tenant.

 

(d)            Common Areas :  During the lease term Tenant and its licensees, invitees, customers and employees shall have the non-exclusive right to use all entrances, lobbies and other public areas of Building (the “Common Areas”) in common with Landlord, other Building tenants and their respective licensees, invitees, customers and employees. Landlord shall at all times have exclusive control and management of the Common Areas and no diminution thereof shall be deemed a constructive or actual eviction or entitle Tenant to compensation or a reduction or abatement of rent.

 

3.              Term . The Term of this Lease shall commence on the first to occur of the following events:(i) the Commencement Date set forth in Section 1(d) above or (ii) the date on which Tenant takes possession or commences beneficial occupancy of the Premises and shall end at midnight on the Termination Date, unless extended or sooner terminated in accordance with the terms hereof. If Landlord for any reason cannot deliver possession of the Premises to Tenant by the Commencement Date specified in Section 1(d) above, this Lease shall not be void or voidable nor shall Landlord be liable to Tenant for loss or damage resulting therefrom. In such event, there shall be a proportionate reduction of all rent for the period between the specified Commencement Date and the date when possession of the Premises is in fact

 

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tendered to Tenant. Notwithstanding the above, if Landlord fails to deliver full possession of the Premises by November 1, 2003, and after thirty (30) days notice by Tenant of Tenant’s intent to terminate this Lease, this Lease shall automatically terminate unless possession of the Premises has been delivered to Tenant. No such failure to provide possession on the specified Commencement Date shall in any way extend the term of this Lease.

 

4.              Rent . Tenant shall pay to Landlord at the address specified by Landlord, without any set-off or deduction whatsoever, in lawful money of the United States, as base rent, the rent specified in Section 1(f) above per month or any part thereof, in advance on or before the first day of each month of the Lease term. Rent for partial months shall be prorated. In addition to base rent, all other sums to be paid under Section 5 and Section 6 hereof and all sums to be paid or reimbursed by Tenant to Landlord under this Lease, whether or not so designated, shall be “additional rent” for the purposes of this Lease. If Tenant defaults in the performance of any of its obligations hereunder, Landlord may, but shall not be obligated to, perform such obligations, and the cost thereof to Landlord shall also be additional rent. Unless otherwise specifically provided herein, Tenant shall pay Landlord all additional rent within ten (10) days of demand therefor.

 

5.              Tenant’s Share of Building Operating Costs .

 

(a)            Amount . Before the commencement of each calendar year during the Lease term, Landlord will notify Tenant in writing of Landlord’s estimate of Tenant’s Share of estimated “Building Operating Costs” (defined below) for such year to the extent such Operating Costs exceed Operating Costs for the Base Year as defined in Section 1(i). The term “Tenant’s Share” is defined in Section 1(l) of this Lease. Tenant shall pay one-twelfth (1/12th) of Tenant’s Share of such excess in advance on the first day of each month of such year. Following the end of each year, or at the expiration or sooner termination of the Lease term, Landlord will compute Tenant’s Share due under this Section for such year, based on actual costs, and, if Tenant’s Share for such year is greater than that already paid by Tenant for such year, Tenant shall pay Landlord the deficiency within thirty (30) days of Tenant’s receipt of Landlord’s written notice of the deficiency and the determination of Tenant’s share. If the total amount paid for such year exceeds Tenant’s Share, then Landlord shall credit such excess to the payment of Rent and additional rent which may thereafter become due; provided, however, upon the expiration or sooner termination of the Lease term, if Tenant has otherwise complied with all other terms and conditions of this Lease, Landlord shall refund such excess to Tenant. If at any time Landlord obtains additional information regarding expenses, Landlord may at its election adjust the amount of the monthly installments due during the balance of the year to reflect such additional information, by giving Tenant written notice thereof, which notice shall also state the amount of the deficiency, if any, in the prior monthly payments for the year. Tenant shall pay any such deficiency within thirty (30) days of its receipt of the notice and shall make the adjusted monthly payments for the remainder of the year.

 

(b)            Definitions . For purposes of this Section 5, the following definitions shall apply:

 

(i)             “Operating Costs” shall mean all costs and expenses of every kind and nature (including reserves) paid or incurred by Landlord for maintaining, operating, repairing, replacing and administering the Building and Land (including Common Areas and any and all costs related to the Reciprocal Easement Agreement with the adjacent property owner), and the personal property used in conjunction therewith, together with a sum equal to fifteen percent (15%) of the cost thereof as an administrative fee, including, without limitation, the costs of refuse collection, water, sewer, electricity, heat, air conditioning, fuel, light, fire protection and other utilities and services; supplies; janitorial and cleaning services; window washing; snow, garbage and refuse removal; security services and systems; landscape maintenance; services of independent contractors; compensation (including employment taxes and fringe benefits) of all persons who perform duties in connection with the operation, maintenance, repair, replacement and administration of the Building and/or Land, its equipment and common areas and facilities; Landlord’s overhead costs, to the extent attributable to the Building and/or Land; insurance premiums for all insurance carried by Landlord with respect to the Building and/or Land; licenses, permits and inspection fees; subsidies and other payments required by public bodies and costs incurred in connection with compliance with governmental requirements including, but not limited to, public transportation and parking; management and administrative service fees; legal and accounting expenses and all other expenses

 

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or charges whether or not hereinabove described which, in accordance with generally accepted accounting and management practices, would be considered an expense of maintaining, operating, repairing, replacing and administering the Building, Land and Common Areas.

 

(c)            Audit . Tenant shall have the right to inspect Landlord’s books and records to audit the determination and allocation of the Operating Costs identified in this Section 5 and Section 6. If such audit discloses a difference in excess of five percent (5%) of the Operating Costs computed by Landlord, or if Landlord’s books and records improperly reflect the information needed for an accurate determination of the Operating Costs and Real Property Taxes payable hereunder, Landlord shall promptly pay to Tenant the cost of the audit and credit or reimburse to Tenant any overpayment. Any information obtained by Tenant pursuant to the provisions of this Section shall be treated as confidential, except that Tenant may use such information as required for internal accounting purposes and preparation of tax returns and disclose the same in connection with any administrative or judicial proceedings in which Tenant is involved and where Tenant may be required to divulge such information.

 

6.              Tenant’s Share of Building Real Property Taxes .

 

(a)            Amount . Before the commencement of each calendar year during the Lease term, Landlord will notify Tenant in writing of Landlord’s estimate of Tenant’s Share of estimated “Real Property Taxes” (defined below) for such year to the extent such Real Property Taxes exceed Real Property Taxes for the Base Year as defined in Section 1(i). the term “Tenant’s Share” is defined in Section 1(i) of this Lease. Tenant shall pay one-twelfth (1/12th) of Tenant’s Share of such excess in advance on the first day of each month of such year. Following the end of each year, or at the expiration or sooner termination of the Lease term, landlord will compute Tenant’s Share due under this Section for such year, based on actual costs, and, if Tenant’s Share for such year is greater than that already paid by Tenant for such year, Tenant shall immediately pay Landlord the deficiency. If the total amount paid for such year exceeds Tenant’s Share, then Landlord shall credit such excess to the payment of Rent and additional rent which may thereafter become due; provided, however, upon the expiration or sooner termination of the Lease term, if Tenant had otherwise complied with all other terms and conditions of this Lease, Landlord shall refund such excess to Tenant. If at any time Landlord obtains additional information regarding expenses, Landlord may at its election adjust the amount of the monthly installments due during the balance of the year to reflect such additional information, by giving Tenant written notice thereof, which notice shall also state the amount of the deficiency, by giving Tenant written notice thereof, which notice shall also state the amount of the deficiency, if any, in the prior monthly payments for the year. Tenant shall pay any such deficiency within ten (10) days of its receipt of the notice and shall make the adjusted monthly payments for the remainder of the year.

 

(b)            Definitions . For purposes of this Section 6, the following definitions shall apply:

 

(i)             “Real Property Taxes” shall mean all taxes and assessments of every kind and nature on the Building and/or Land (including Common Areas) and on personal property used in conjunction therewith, including all tenant improvements which are paid for by Landlord and not reimbursed by tenants and taxes on property of tenants in the Building which have not been paid by such tenants directly to the taxing authority; surcharges and all surface water, local improvement, and other assessments levied with respect to the Building and/or Land and all other property of Landlord used in connection with the operation of the Building and/or Land; and any taxes levied or assessed in addition to or in lieu of, in whole or in part, such real or personal property taxes, or any other tax upon leasing of the Building and/or Land or rents collected therefrom, other than any federal or state income tax and costs and expenses paid or incurred by Landlord (including but not limited to fees and expenses of consultants, attorneys, appraisers, and experts) in connection with contesting or resisting increased assessments or attempting to lower assessment levels.

 

7.              Late Charge; Interest . If Tenant fails to pay any amount due hereunder within ten (10) days of the due date, a late charge equal to five percent (5%) of the unpaid amount shall be assessed and be immediately due and payable. Such late charge shall be reimposed on the first day of each subsequent month that such payment remains outstanding. In addition, interest shall accrue on any base or additional rent which is not paid when due at the lesser of (a) the maximum interest rate allowed by applicable law or (b) eighteen percent (18%) per annum. If Tenant defaults in making any rent payment, Landlord shall have

 

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the right to require that subsequent rent payments be made by cashiers or certified check.

 

8.              Security Deposit . Tenant has deposited with landlord the sum of $22,062.18 of which $10,156.50 is a Minimum Rent Deposit to be applied to Monthly Minimum Rent for the third month of the Lease Term and $11,905.68 is a Security Deposit. This sum shall belong to Landlord and shall constitute partial consideration for the execution of this Lease. Landlord shall pay Tenant the remaining balance thereof, without any liability for interest thereon, within thirty (30) days after the expiration or prior termination of the Lease term, or any extension thereof, if and only if Tenant has fully performed all of its obligations under the terms of this Lease. Landlord shall be entitled to withdraw from the deposit the amount of any unpaid rent or additional rent or other charges not paid to Landlord when due, and Tenant shall immediately redeposit an amount equal to that so withdrawn.

 

9.              Tenant’s Operations .

 

(a)            Use of Premiums . Tenant shall use the Premiums exclusively for health care management and related general office purposes during the Lease term. Tenant shall not use or permit the use of the Premises for any other business or purpose without Landlord’s prior written consent. Tenant shall promptly comply, at its sole cost and expense, with the rules and regulations attached hereto as Exhibit E and with such other rules and regulations relating to the use of the Premises, Building and Common Areas as Landlord may from time to time promulgate. Tenant shall maintain the Premises in a clean, orderly and neat fashion to conform with the high standards of the Building, permitting no odors to be emitted from the Premises and shall neither commit waste nor permit any waste to be committed thereon. Tenant shall not permit any accumulation of trash on or about the Premises. Tenant shall not create or contribute to the creation of a nuisance in either the Premises or the Building and Tenant shall not engage in or permit any action that will unreasonably disturb any other tenant in the Building.

 

(b)            Unlawful Use . Tenant shall not use or permit the Premises or any part thereof to be used for any purpose in violation of any municipal, county, state or federal law, ordinance or regulation, or for any purpose offensive to the standards of the community of which the Building is a part. Tenant shall promptly comply, at its sole cost and expense, with all laws, ordinances and regulations now in force or hereafter adopted and with the requirements of any board of fire underwriters or similar body relating to or affecting the condition, use or occupancy of the Premises.

 

(c)            Liens and Encumbrances . Tenant shall keep the Premises free and clear of all liens and encumbrances arising or growing out of its use and occupancy of the Premises. If any lien is filed against the Premises or Building as a result of the action or inaction of Tenant, Tenant shall upon demand provide landlord with cash or other security acceptable to Landlord in an amount equal to one and one-half (1-1/2) times the amount of the claimed lien as security for its prompt removal. If Tenant is not actively pursuing the removal of the lien, Landlord shall have the right to disburse such security to cause the removal of the lien if a judgment is entered against Tenant in the lien proceeding or if such lien causes unreasonable difficulties for Landlord in connection with its financing of the Building.

 

(d)            Hazardous Materials .

 

(i)             “Hazardous Material” shall mean any matter (whether gaseous, liquid or solid) which is or may be harmful to persons or property, including but not limited to materials now or hereafter designated as a hazardous or toxic waste or substance under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 USC 9601, et seq., or as a Hazardous Substance, Hazardous Household Substance, Moderate Risk Waste or Hazardous Waste under the Hazardous Waste Management Act, RCW Chapter 70.105, or as a hazardous substance under to Model Toxics Control Act RCW Chapter 70.105D, all as now or hereafter amended, or which may now or hereafter be regulated under any other federal, state, or local law, statute, ordinance or regulation pertaining to health, industrial hygiene or the environment, including without limitation, (i) any asbestos and/or asbestos containing materials (collectively “ACMs”) regardless of whether such ACMs are in a friable or non-friable state, or (ii) any matter designated as a hazardous substance pursuant to Section 311 of the Federal Water Pollution Control Act (33 USC 1317), or (iii) any matter defined as a hazardous waste pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act, (42 USC 6901 et seq.) pertaining

 

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to health or the environment. “Hazardous Material” shall not include ordinary office cleaning and maintenance products, and items used in the ordinary course of Tenant’s use of the property as defined in Section 9(a) above which are used with due care and in accordance with applicable law and the instructions of the manufacturer of such products in the reasonable and prudent conduct of Tenant’s business on the Premises.

 

(ii)            Tenant shall not store, use, sell, release, generate or dispose of any Hazardous Material in, on or about the Premises, Common Areas or any other part of the Building or Land, without the prior written consent of Landlord. With respect to any Hazardous Materials stored, used, generated or disposed of from the Premises, Tenant shall promptly, timely and completely comply with all governmental requirements for recording and record keeping; submit to Landlord true and correct copies of all reports, manifests and identification numbers at the same time as they are required to be and/or are submitted to the appropriate governmental authority; within five (5) days of Landlord’s request, provide evidence satisfactory to Landlord that Tenant’s compliance with all applicable governmental rules, regulations and requirements; and comply with all applicable governmental rules, regulations and requirements regarding the use, sale, transportation, generation, treatment and disposal of Hazardous Materials. Prior to the expiration and surrender of the Premises by Tenant, Tenant shall remove any and all Hazardous Materials (including without limitation ACMs) which Tenant, its employees, agents, contractors and/or sublessees have brought onto the Premises, including without limitation leasehold improvements, wall, flooring and ceiling materials. Tenant shall be solely responsible for and shall defend (with counsel acceptable to Landlord), indemnify and hold Landlord it agents, affiliates and employees harmless from and against all claims, costs, damages, judgments, penalties, fines, losses, liabilities and expenses, including attorneys’ fees, consultant fees, and expert fees, and expert fees arising out of or in connection with Tenant’s breach of its obligations contained in this Section 9(d) (including, without limitation, diminution in value of the Premises or the Building, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises or the Building, damages arising from any adverse impact on marketing of space, loss of good reputation, and sums paid as settlement of claims, attorneys’ fees, consultant fees, and expert fees, whether or not used at trial or in a proceeding) which arise during or alter the Lease term as a result of such contamination. Tenant shall be solely responsible for and shall defend (with counsel acceptable to Landlord), indemnify and hold Landlord, its agents, affiliates and employees harmless from and against any and all claims, costs, damages, lawsuits, penalties, liens, losses and/or liabilities, including attorneys’ fees and costs, arising out of or in connection with removal, cleanup and restoration work and materials necessary to return the Premises, Common Areas, Building and any other property of whatever nature to the condition existing prior to the appearance of Tenant’s Hazardous Material on a about the Premises, Common Areas or the Building; provided that Landlord’s written approval of such actions and that of any Lender shall first be obtained, which approval shall not be unreasonably withheld so long as the actions would not potentially have any materiel adverse, long-term or short-term effect on the Premises, Common Areas, or Building. Notwithstanding anything else set forth herein, Tenant’s obligations under this Section 9(d) shall survive the expiration of this Lease.

 

(iii)           Landlord shall have the right in its sole discretion to conduct an environmental audit utilizing a contractor of Landlord’s choice at the end of the Lease term, upon the earlier termination of this Lease, upon Tenant’s default hereunder or if Landlord reasonably believes that Hazardous Materials arc being stored, used, sold, generated, released or disposed of from the Premises in violation of the terms of this Section 9(d). The audit shall consist of such examinations, tests, inspections, samples and reviews as Landlord or its consultants shall reasonably determine to be advisable or necessary. Tenant shall be responsible for the cost of the audit and any remedial or removal work if such audit discloses the existence, storage, disposal or other presence of Hazardous Materials occurring during the Lease term and attributable to Tenant, its employees, agents, contractors or Sublessees. Failure of Landlord to conduct an environmental audit or to detect conditions attributable to Tenant, its employees, agents, contractors or sublessees, whether such audit is conducted or not, shall not operate as a release of Tenant or its Guarantor, if any, of its liability, as stated in this Lease or by operation of Law. Tenant’s

 

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obligations herein shall survive the expiration of this Lease.

 

(c)            Signs . Tenant shall not erect or place, or permit to be erected or placed, or maintain any signs of any nature or kind whatsoever on the exterior walls or windows of the Premises or elsewhere in the Building, with the exception of a sign identifying Tenant placed on or near the front door of the Premises, the size style and location of which must first be approved in writing by Landlord. Tenant agrees to abide by all signing rules and regulations, if any, promulgated by Landlord and to install, at its sole expense, any signs required thereby. Landlord will provide and install, at Landlord’s sole cost and expense, Building standard directory signage specified to Landlord and Tenant’s mutual approval.

 

10.            Utilities and Services .

 

(a)            Tenant’s Responsibility . Tenant shall be solely responsible for, and shall promptly pay when due, all charges for telephone and all other utilities which are separately metered and supplied to the Premises at Tenant’s request.

 

(b)            Services . As long as Tenant is not in default under this Lease, Landlord shall cause the Common Areas of the Building, such as lobbies, elevators, stairs, corridors and restrooms, to be maintained in reasonably good order and condition, except for damage occasioned by any act or omission of Tenant or Tenant’s officers, contractors, agents, invitees, licensees or employees, the repair of which shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for office use, including lighting and low power usage (110 volt) office machines, water and elevator services. Landlord shall also provide customary building janitorial service on weekdays, other than holidays. From 6:00 a.m. to 8:30 p.m., Monday through Friday, and 7:00 a.m. to 4:00 p.m. on Saturday, excluding legal holidays observed by national banks with offices in Redmond, Washington (“Normal Business Hours”), Landlord shall furnish the Premises with heat and air conditioning services. If requested by Tenant, Landlord shall furnish heat and air conditioning services at times other than Normal Business Hours, and janitorial services on other days, and Tenant shall pay for the cost of such services at rates established by Landlord, as Additional Rent.

 

(i)             Janitorial . If Tenant requires excessive or specialized janitorial services, Tenant shall promptly pay Landlord for the additional costs and expenses incurred by Landlord in providing such services as additional rent.

 

(ii)            Additional Service . Landlord shall furnish the Premises with electricity for the maintenance of building-standard fluorescent lighting. Landlord shall also furnish the Premises with electricity for lighting other than building-standard fluorescent lighting and/or the operation of general office machines which use 110 volt electric power and 20 amp circuits, such as electric typewriters, dictating equipment, adding machines and calculators, and general service non-production type office machines at no additional charge. Tenant shall not use or permit in the Premises any electrical device which in Landlord’s opinion will overload the Building’s electrical circuits. Further, Tenant shall not without Landlord’s prior consent connect any additional items such as data processing equipment, electrical heaters or other machines to the Building’s electrical distribution system or make any alteration or addition to such system. Landlord shall furnish adequate running water to the building, standard water fountain, lavatories and toilets in the core area on each floor of the Building, and shall keep all such plumbing in reasonably good order and repair. Landlord shall have the right to terminate the furnishing of any and all utilities and services required or permitted under this Section 10 at and for any and all such time or times as Landlord shall deem reasonably necessary for repairs, alterations or improvements. If Tenant requires excessive or specialized electrical, lighting or heating or cooling services, Tenant shall promptly pay the additional costs and expenses incurred by Landlord in providing such services as additional rent.

 

(iii)           Interruption . Landlord shall not be liable for any loss, injury or damage to person or property caused by or resulting from any variation, interruption or failure of such services due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of such services incidental to the making of repairs, alterations or improvements or due to accident, strike or conditions or events beyond Landlord’s reasonable control shall be deemed an eviction of Tenant or to relieve Tenant from any of Tenant’s obligations hereunder or to give Tenant a right of action against Landlord for damages.

 

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11.            Licenses and Taxes . Tenant shall be liable for, and shall pay throughout the term of this Lease, all license and excise fees and occupation taxes covering the business conducted on the Premises and all personal property taxes levied with respect to all personal property located at the Premises. If any governmental authority levies a tax or license fee on rents payable under this L


 
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