Shutterfly 2008 Annual Report Download - page 101

6
.
Storage and Trash Disposal
.
No materials, supplies or equipment belonging to Tenant shall be stored in any area of the Building or the Business Park, except inside the
Premises. Trash disposal is confined to the receptacles provided by Tenant in a location approved by Landlord and no trash receptacles may be placed in any other location in
the Premises, in the Building or in the Business Park
7
.
Locks.
No additional locks shall be placed on the doors of the Premises by Tenant. If Tenant changes any existing locks, Tenant shall immediately furnish Landlord with
two keys to such new locks. Landlord will, without charge, furnish Tenant with two keys for each lock existing upon the entrance door when Tenant assumes possession of
the Premises, with the understanding that, at the termination of the Lease, the keys shall be returned.
8
.
Improvements, Contractors and Service Maintenance
.
Subject to the provisions set forth in Article 5 of the Lease, (i) Tenant shall not make any improvements to the
exterior of the Building or the Business Park and Tenant shall not make any structural changes or other material alterations, additions or improvements to the Premises without
the prior written consent of Landlord, which such approval shall not be unreasonably withheld, (ii) Tenant will refer all of Tenant’s contractors, contractors’
representatives
and installation technicians rendering any service on or to the Premises to Landlord for Landlord’
s approval and supervision before performance of any service, and (iii) this
provision shall apply to all work performed in the Premises, including installation of electrical devices and attachments and installations of any nature affecting floors, walls,
woodwork, trim, windows, ceilings, equipment or any other physical portion of the Premises, the Building or the Business Park
9
.
Regulations for Operation and Use
.
Except as permitted in this Lease, Tenant shall not place, install or operate in the Premises or in any part of the Building or the
Business Park any engine, stove or machinery, nor shall Tenant conduct any mechanical or cooking operations therein, nor place or use in or about the Premises or any part of
the Building or the Business Park any explosives, gasoline, kerosene, oil, acids, caustics or any other flammable, explosive or hazardous material, without the prior written
consent of Landlord.
10
.
Window Coverings
.
Windows facing the Building exterior shall at all times be wholly clear and uncovered (except for such blinds or curtains or other window coverings as
Landlord may provide or approve) so that a full unobstructed view of the interior of the Premises may be had from the exterior of the Building.
11
.
No Violations of Fire Laws or Health Code
.
Tenant shall not do or permit anything to be done in the Premises, or bring or keep anything therein, which will obstruct or
interfere with the rights of other tenants in the Building or the Business Park or in any other way injure them or conflict with any laws relating to fires, or with any regulations
of the Fire Department or with any insurance policy upon the Building or the Business Park, or any part thereof, or conflict with any of the rules and ordinances of the Board
of Health.
12
.
No Violations of Laws
.
Tenant shall promptly and at its expense execute and comply with all laws, rules, orders, ordinances, including all applicable zoning ordinances, and
regulations of the City, County, State or Federal Government, and of any department or bureau of any of them and of any other governmental authority having jurisdiction
over the Premises, to the extent necessary by reason of Tenant’s particular use or occupancy of the Premises or Tenant’
s business conducted therein. Landlord hereby
represents and warrants that Tenant
’
s intended use of the Premises (as set forth in Section 6(a) of the Lease) is permitted as of right under the applicable zoning code.
13
.
No Use of Roof
.
Neither Tenant, nor Tenant’
s servants, employees or agents shall go upon the roof of the Building without the written consent of Landlord unless necessary
for Tenant to exercise any of its rights under Section 9(b) of the Lease.
14
.
No Canvassing
.
Canvassing, soliciting and peddling in and about the Building and the Business Park is prohibited.
15
.
No Loud Musical Devices
.
Tenant shall not operate or permit to be operated any musical or sound producing instrument or device inside or outside the Premises which may
be heard outside the Premises or by other tenants in the Building or the Business Park in excess of what is commercially reasonable.
16
.
Use of Washrooms
.
Tenant shall not use the washrooms, restrooms, and plumbing fixtures of the Premises or the Building, and appurtenances thereto, for any purposes
other than the purposes for which they were constructed, and Tenant shall not deposit any sweepings, rubbish, rags, or other improper substances therein. If Tenant or
Tenant’
s servants, employees, agents, contractors, jobbers, licensees, invitees, guests or visitors cause any damage to such washrooms, restrooms, plumbing fixtures or
appurtenances, such damage shall be repaired, at Tenant
’
s expense, and Landlord shall not be responsible therefor.
17
.
No Unpleasant Odors
.
Tenant shall not cause or permit any unpleasant odors to emanate from the Premises, or otherwise interfere, injure or annoy in any way other tenants
in the Building or the Business Park, or persons conducting business with them in excess of what is commercially reasonable.
18
.
Disposal of Crates
.
When conditions are such that Tenant must dispose of crates, boxes, etc. on the sidewalk or parking areas on the Land, it will be the responsibility of
Tenant to dispose of same only between the hours of 5:45 p.m. until 7:15 a.m unless other times are approved by the Landlord.
19
.
No Food Distribution
.
No prepared food and/or beverages shall be distributed from the Premises, but, notwithstanding the provisions of Paragraph 9
hereof or this
Paragraph 19
, Tenant may prepare coffee and similar beverages and warm typical luncheon items for the consumption of Tenant
’
s employees and invitees.
20
.
Location of Improvements
.
Tenant will not locate furnishings or cabinets adjacent to mechanical or electrical access panels or over air conditioning outlets in the Premises
so as to prevent operating personnel from servicing such units as routine or emergency access may require. Tenant shall be responsible for any cost associated with moving
such furnishings for Landlord
’
s access to such mechanical or electrical access panels or air conditioning outlets.
21
.
Modifications
.
Landlord shall have the right from time to time to make any and all such reasonable modifications and additions to these Rules and Regulations as may be
necessary for the safety, care, quiet enjoyment and cleanliness of the Building and the Business Park. Tenant agrees to abide by these Rules and Regulations and any
reasonable modifications and additions as are hereafter adopted by Landlord, including, but not limited to, modifications made by Landlord as a result of any changes in the
city zoning ordinance, provided same do not materially adversely affect Tenant
’
s use or occupancy of the Premises or operation of Tenant
’
s business