Agmt04 Recycled Water (PVG Mana - Laserfiche WebLink

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1.2.2.3 Final Determination. If Landlord and Tenant fail to reach agreement after negotiating in good faith following receipt by landlord of Tenant's notice of election to pay Base Rent at the Fair Market Rent, and Tenant has not exercised its right to revoke the option under Section 1.2.2, then each Party shall prepare an estimate of the appropriate Fair Market Rent and submit the estimate to binding arbitration in accordance with Article 10 of this Lease, except that the arbitrators selected for the purpose of determining the Fair Market Rent hereunder shall be either MAl appraisers or real estate brokers having at least five (5) years' experience in appraisal or leasing of office space in the Redwood Shores area. Submission to Arbitration shall be within thirty (30) days of Tenant's disputing the rate determined by landlord. 1.3 Use and Rules. Tenant shall use the Premises as a provider of general executive services only, unless Landlord gives its advance written consent to another use. Tenant and the users of Tenant's premises shall comply with all rules and regulations set forth in EXHIBIT B attached hereto (the "Rules"). The use by the users of Tenant's premises, and Tenant,' of the Premises, shall not disturb or interfere with any other tenant or occupant of the Building. Tenant and the users of Tenant's premises shall not use the Premises in violation of this Lease so as to cause a cancellation of landlord's insurance policies or an increase in the premiums thereunder. 1.4 Condition of the Premises. Tenant has inspected the Premises, the Building, the Property, and all Systems and Equipment (as defined in Section 3.3.3 below) serving the Premises and Building, or has had an opportunity to do so, and agrees to accept the same in their condition as of the date hereof subject to reasonable wear and tear between the date hereof and the Commencement Date of this lease without any agreements, representations, understandings, or obligations on the part of Landlord to perform any alterations, repairs, or improvements, except as expressly provided in the Work Agreement, if any. 1.5 Improvements. The Premises will be delivered in an as-is condition. Any work done must be performed at Tenant's expense by a licensed contractor and is subject to landlord's reasonable approval. 4 &-I, I: HI: W1>n T T' 'I' -..