Agmt07 Daily Boost - Lease Agreement

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NOW THEREFORE, the parties agree as follows: 1. GRANT OF LEASE 1.1 Lessor hereby grants to Lessee a lease for use of the premise consisting of one - 14'-42" x 13'-29" (191.6 square feet) enclosed area for food preparation and distribution, subject to the agreements, conditions and provisions set forth in this Agreement and the procurement of required permit(s) from the San Mateo County Health Department. Lessee acknowledges that it will be accepting the Premises in its completed condition per building plans that were completed by FMG Architects, Bid Sets, February 10, 2006 ("Bid Sets"). Said Bid Sets have been reviewed by Lessee, and are incorporated herein by this reference. Lessee shall have the right to measure the size of the Lease Area to insure size accuracy. The Lease provisions may be adjusted according to such measurements prior to the execution of the Lease. 1.2 Lessee acknowledges that it recognizes the uniqueness of the premises and accepts them in their current and disclosed condition existing on the date of execution of this Agreement, subject to all applicable zoning, municipal, county, or state laws, ordinances and regulations affecting the use of the Premises. Lessee acknowledges that it has satisfied itself, by its own independent investigation that the Premises are suitable for its intended use and neither Lessor nor its agents or representatives have made any representation or warranty as to the present or future suitability of the Premises for the conduct of Lessee's business. 2. LEASE PERIOD 2.1 Term. The term of this Agreement shall be for five years, commencing upon the date of the lease execution day (Lease Commencement Date), and ending on November 6, 2012 ("Lease Expiration Date"). 2.2 Options. Lessee shall have two options ("Options") to extend the Lease Term for two successive five year periods ("Extended Terms"). Each Option shall be exercised no earlier than one (1) year, but no later than 60 days prior to the last day of the Lease Term by written notice to Lessor. Rent for the Extended Term shall be as described in Section 3. All other terms and conditions of this Lease shall remain in full force and effect during the Extended Term. 2.3 Definition. As used in this Lease the word "Option" has the following meaning: (1) the right or option to extend the term of this Lease. 2.4. Option Exclusive. The Option granted to Lessee in this Lease is exclusive to Lessee and may not be exercised or be assigned, voluntarily or involuntarily, by or to any person or entity other than Lessee. 2.5 Delay in Possession. On the Lease Commencement Date, Lessee shall take possession of the Premises. If Lessee's ability to take possession by the date as set forth in this provision is delayed as a result of any of the following causes, the date for delivery shall be postponed without penalty to Lessee for a period of time equivalent to the period caused by such delay: ATTY/AGR/2007.067 103107 2