This excerpt taken from the TPTX 8-K filed Oct 10, 2006.



Section 16.1 - Rights Reserved to Landlord


Without limiting any other rights reserved or available to Landlord under this Lease, at law, or in equity, Landlord reserves the following rights to be exercised at Landlord’s election without liability to Tenant and without effecting an eviction or disturbance of Tenant’s use or possession and without giving rise to any claim for setoff or abatement of rent or affecting any of Tenant’s obligations under this Lease:


(a)           to change the street address and/or name of the Building or of the Project;


(b)           to inspect the Leased Premises, and to make repairs, whether structural or otherwise, to the Leased Premises, and repairs, additions or alterations to the Building or the Project, or to any parts thereof including, without limitation, to make repairs within the Leased Premises to mechanical, electrical, and other facilities serving the Leased Premises or the Project, to shore the foundations and walls thereof, to erect scaffolding and/or protective barricades around and about the same, to relocate or change corridors or entrances in and to the Building, to close entrances, stairways and corridors, if any, and to interrupt or temporarily suspend services or facilities;


(c)           to show the Leased Premises to prospective purchasers, mortgagees, or other persons having a legitimate interest in viewing the same, and, at any time within one year prior to the expiration of the Term, to brokers or persons wishing to rent the Leased Premises; during the last year of the Term, to place and maintain a “For Rent” sign in or on the Leased Premises, Building or the Project; and to place or maintain “For Sale” signs on the Project and the exterior of the Building;




(d)           to install, affix and maintain signs on the exterior and interior of the Building (except signs within the Leased Premises, unless required by any applicable laws, ordinances, rules, or regulations);


(e)           to grant to anyone the exclusive right and privilege to conduct any business in the Building or the Project and such exclusive right and privilege will be binding upon Tenant, provided such exclusive right shall not operate to exclude Tenant or its affiliates, assignees or sublessees from any use expressly permitted herein;


(f)            to reasonably approve the weight, size and location of heavy equipment and articles in and about the Leased Premises and the Building including, by way of example but not of limitation, safes, vaults, cages, printing machinery, computers, filing cabinets or libraries;


(g)           to establish and require Tenant to comply with reasonable security controls for the Building and Project and to otherwise take such action or preventive measures for the safety or security of the Building and the Project and its occupants; and


(h)           to promulgate and establish reasonable rules and regulations of uniform application governing the use and operation of the Project, the Building and the Leased Premises as are reasonably necessary for the orderly operation thereof, and Tenant agrees, for itself, its employees, agents and invitees to comply with such rules and regulations.


Landlord may enter upon the Leased Premises for any and all of said purposes and may exercise any and all of the foregoing rights hereby reserved, at any time and from time to time, without being deemed guilty or any eviction or disturbance of Tenant’s use or possession of the Leased Premises, and without being liable in any manner to Tenant.


Section 16.2 – Rules and Regulations


The Tenant agrees as follows:


(1)           Landlord shall arrange for a trash collection service which will provide and periodically empty trash containers placed in designated areas for use by Tenant and other tenants in the Project.  Tenant shall be responsible for placing all of its garbage and trash in such containers.


(2)           No aerial shall be erected on the roof or exterior walls of the Premises, or on the grounds, without in each instance, the written consent of the Landlord.  Any aerial so installed without such written consent shall be subject to removal without notice at any time.


(3)           No loud speakers, televisions, phonographs, radios, or other devices shall be used in a manner so as to be heard or seen outside of the Premises without the prior written consent of the Landlord.


(4)           The outside areas immediately adjoining the Premises shall be kept clean and free from dirt and rubbish by the Tenant to the satisfaction of the Landlord and Tenant shall not place or permit any obstruction or materials in such areas.  No exterior storage shall be allowed without permission in writing from Landlord.


(5)           The plumbing facilities may be used in any manner consistent with all governmental rules, regulations, ordinances, and statutes, and shall not be used for any other




purpose than that for which they are constructed, and the expense of any breakage, stoppage, or damage resulting from a violation of this provision shall be borne by the tenant who has, or whose employees, agents or invitees have caused it.


(6)           Tenant shall not burn any trash or garbage of any kind in or about the Premises, or the Project.


(7)           The sidewalks, halls, passages, exits, entrances, and stairways in and about the Project shall not be obstructed by any of the tenants or used by them for any purpose other than for ingress to and egress from their respective premises.  The halls, passages, exits, entrances, stairways, balconies and roof are not for the use of the general public and the Landlord shall in all cases retain the right to control and prevent access thereto by all persons whose presence in the judgment of the Landlord shall be prejudicial to the safety, character, reputation and interests of the Project and its tenants, provided that nothing herein contained shall be constructed to prevent such access to persons with whom the Tenant normally deals in the ordinary course of Tenant’s business unless such persons are engaged in illegal activities.  No tenant and no employees or invitees of any tenant shall go upon the roof of the Building except in case of an emergency.


(8)           No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made in existing locks or the mechanisms thereof, without the prior written consent of Landlord which shall not be unreasonably withheld or delayed.  Tenant must, upon the termination of Tenant’s tenancy, restore to Landlord all keys of stores, offices and toilet rooms either furnished to or otherwise procured by Tenant, and in the event of the loss of any keys so furnished Tenant shall pay to Landlord the cost thereof.


(9)           No Tenant shall lay linoleum or other similar floor covering so that the same shall be affixed to the floor of the Premises in any manner except by a paste, or other material, which may easily be removed with water, the use of cement or other similar adhesive materials being expressly prohibited.  The method of affixing any such linoleum or other similar floor covering to the floor, as well as the method of affixing carpets or rugs to the Premises, shall be subject to approval by Landlord, which approval shall not be unreasonably withheld or delayed.  The expense of repairing any damage resulting from a violation of this rule shall be borne by Tenant by whom, or by whose agents, clerks, employees, or visitors, the damage shall have been caused.


(10)         Tenant will not install blinds, shades, awnings, or other form of inside or outside window covering, or window ventilators or similar devices without the prior written consent of Landlord.


Landlord reserves the right from time to time to amend or supplement the foregoing rules and regulations, and to adopt and promulgate additional rules and regulations applicable to the Premises, provided that any such change shall be reasonable and shall not affect Tenant’s rights under this Lease.  Notice of such rules and regulations and amendments and supplements thereto, if any, shall be given to the Tenant and Tenant agrees to comply with all such rules and regulations upon receipt of notice to Tenant from Landlord.  Landlord shall not be liable in any way to Tenant for any damage or inconvenience caused by any other tenant’s non-compliance with these rules and regulations.




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