Shutterfly 2008 Annual Report Download - page 100

EXHIBIT “D”
RULES AND REGULATIONS
(l) Mining, including the extraction, processing and removal of sand, gravel, stone, minerals or clay, except for substances used in connection with Tenant’s photo-
developing and merchandising processes and services provided such chemicals and other substances are brought into the Premises, used, stored and disposed of in accordance
with all Legal Requirements and Environmental Laws;
1
.
Restricted Uses
.
Neither the Premises nor any part of the common areas of the Building or the Business Park shall be used by Tenant for any one or more of the following
uses:
(a)
Agriculture or any related use, including any roadside stand for the display and sale of agricultural products and any use which involves the raising, breeding, or
keeping of any animals or poultry;
(b)
Processing or slaughter of livestock, swine, poultry or other animals;
(c)
Manufacture of leather goods;
(d)
Manufacture of explosives or explosive agents;
(e)
Manufacture, sale, rental, repair or storage of heavy equipment, buses, trucks, trailers, automobiles, recreational vehicles and mobile or trailer homes;
(f)
Unscreened outdoor storage, outdoor fabrication or outdoor handling of any machinery, parts, material, supplies or products;
(g)
Residential uses;
(h)
Overnight parking of campers, mobile homes, boats, trailers or motor homes;
(i) Erecting and maintaining structures of a temporary nature, except that during the period of construction of improvements to the Premises, Tenant’
s contractors or
subcontractors may be permitted to erect or maintain such temporary structures upon Landlord
’
s prior written approval;
(j)
Jails, prisons, labor camps, penal, detention or correction facilities or farms;
(k)
Cemeteries or mausoleums;
(m)
Any land fills, any hazardous waste disposal or storage facilities and any incinerators;
(n)
Racetracks, raceways and drag strips; and
(o)
Massage parlors, topless night clubs or similar business operations.
(p)
Fast food restaurants;
(q)
Airports, heliports or helistops, bus or train terminals;
(r)
Hotels or motels;
(s)
Rest stops, rest stations or service stations;
(t)
Flea markets;
(u)
Stadiums;
(v)
Adult care centers;
(x)
Cinemas or movie theaters;
(y)
Night Clubs or bars; and
(z)
Amusement parks, amusement galleries, arcades or turkey shoots.
2
.
Nuisances
.
Tenant shall not cause any unclean, unhealthy, unsightly or unkempt condition to exist in the Premises or in the common areas of the Building or the Business
Park. Tenant shall not use the Premises or any portion of the common areas of the Building or the Business Park, in whole or in part, for the deposit, storage or burial of any
property or thing that will cause the above-
mentioned areas to appear to be in an unclean or untidy condition or that will be obnoxious to the eye; nor shall Tenant allow any
substance, thing, or material to be kept, utilized or carried out in the Premises or the common areas of the Building or the Business Park that will emit foul or obnoxious odors,
fumes, smoke or dust or that will cause any vibration or noise or other condition that will or might disturb the peace, quiet, safety, comfort, or serenity of the occupants of the
Building or the Business Park in excess of what is commercially reasonable . No noxious, offensive or illegal trade or activity shall be carried out in the Premises or in the
common areas of the Building or the Business Park.
3
.
Restricted Actions on Common Areas of the Building and the Business Park
.
Tenant shall not cause or allow any cutting of vegetation, dumping, digging, filling,
destruction or other waste to be committed on the common areas of the Building or the Business Park. Tenant shall not cause any obstruction of, or allow or cause anything to
be kept or stored on, altered, constructed or planted in, or removed from the common areas of the Building or the Business Park, without Landlord
’
s prior written consent.
4
.
Sign Display
.
Subject to the provisions set forth in Article 16 of the Lease, (i) all signage will be coordinated by Landlord throughout the Business Park for uniformity and
attractiveness, (ii) the size, shape, design, lighting, materials and location of all signs shall conform to the uniform signage plan for the Business Park, and (iii) Tenant shall
not cause any sign, tag, label, picture, advertisement or notice to be displayed, distributed, inscribed, painted or affixed by Tenant on any part of the Building, the Business
Park or the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld, delayed or conditioned.
5
.
Drives and Parking Areas
.
Subject to the provisions set forth in paragraph 6 of Exhibit E to this Lease, (i) all parking shall be within marked parking spaces, (ii) there shall
be no on-
street parking and at no time shall Tenant obstruct drives and loading areas intended for the joint use of all tenants of the Building, (iii) the drives and parking areas in
the Business Park are for the joint use of all tenants of the Business Park unless specifically marked, (iv) Truck traffic and parking will be restricted to areas designated by
Landlord, (v) Tenant, its employees, agents and invitees shall comply with reasonable parking rules and regulations as they may be posed and distributed from time to time,
and (vi) Tenant is responsible for controlling all of its truck traffic in accordance with the restrictions and regulations imposed by Landlord.