Flag Pole. Provided and on condition that Tenant has not assigned this Lease or sublet all or any portion of the Premises, Tenant may erect a flag pole at the property, at Tenant’s sole cost and expense (the “Flag Pole”), subject to the terms and conditions set forth in Section 14 of this Lease and subject further to the terms and conditions set forth hereinafter. Prior to installing the Flag Pole, Tenant shall provide Landlord with plans and specifications therefor, as well as such other information pertaining to the Flag Pole as Landlord may reasonably require. Landlord’s prior consent to such plans and specifications, as well as the location, manner of installation and control of the Flag Pole shall be required. Tenant shall, within thirty (30) days of being billed therefor by Landlord, reimburse Landlord for all reasonable expenses incurred by Landlord in connection with its review of the foregoing. Tenant shall obtain, at its sole cost and expense, all governmental permits and approvals required for the installation and use of the Flag Pole. Tenant shall install the Flag Pole in a good and workmanlike manner using a contractor reasonably approved by Landlord. Once installed, the Flag Pole shall be deemed to be a part of the Premises and all references in this Lease to the Premises shall include said Flag Pole. Tenant shall be solely responsible, at its sole cost and expense, for the maintenance and repair of the Flag Pole and for grounds maintenance immediately surrounding the Flag Pole, and shall indemnify and hold harmless Landlord from and against all liability, claims or costs, including reasonable legal fees, arising from the installation and/or use of the Flag Pole. Tenant shall assume full responsibility for the cost of repair and/or use of the Flag Pole. Under no circumstances shall Landlord be liable for any damage to or vandalism of the Flag Pole. In using the Flag Pole, Tenant agrees not to materially disrupt, adversely affect or interfere with any other tenant’s or other occupant’s use and enjoyment of its leased premises or any other part of the Property. Tenant agrees not to grant any third parties the right to utilize in any manner, or otherwise benefit from, the Flag Pole. Upon the expiration or earlier termination of this Lease, Tenant shall remove the Flag Pole from the Property and shall repair any damage caused by such removal. Tenant’s failure to timely comply with the immediately preceding sentence shall constitute a holding over of the Premises by Tenant until such time as the Flag Pole is removed and any damage caused by such removal is repaired by Tenant. In addition, if on or before the Expiration Date, Tenant fails to both remove the Flag Pole and repair any damage caused thereby, then, Landlord may, at Tenant’s sole cost and expense, remove the Flag Pole without compensation to Tenant, discard it without liability to Landlord, and restore any damage caused by the removal of the Flag Pole at Tenant’s expense. The aforesaid right to install the Flag Pole is personal to the Tenant named herein and shall not apply to any assignee or subtenant of Tenant.
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Flag Pole. Provided Where the Tenant is the sole tenant of the entire building. --------- the Tenant, at its expense. and on condition subject to prior written approval of the Landlord. may install within the bounds of the leased building site a ground- mounted pole for purposes of "flying" an American, a State or a corporate flag. The pole design, location, and proposed installation must be approved in writing by the Landlord prior to installation. General requirements pertaining to all exterior signs, including interior signs that Tenant has not assigned this Lease are intended to be seen or sublet visible from the exterior, are as follows:
A. Any sin and the installation thereof shall comply with all or applicable laws and ordinances, and the Tenant, at its expense, shall have obtained all necessary permits and licenses therefor;
B. The location, size, design, materials used, and colors of any portion sign, including flagpole, flags, banners, balloons, and/or any other type of attention-getting, device is subject to the Landlord's written approval prior to installation;
C. Prior to the Tenant's vacation of the Premises. in whole or in part, Tenant may erect a flag pole at the property, at Tenant’s sole cost and expense (the “Flag Pole”), subject to the terms and conditions set forth in Section 14 of this Lease and subject further to the terms and conditions set forth hereinafter. Prior to installing the Flag Pole, Tenant shall provide Landlord with plans and specifications therefor, as well as such other information pertaining to the Flag Pole as Landlord may reasonably require. Landlord’s prior consent to such plans and specifications, as well as the location, manner of installation and control of the Flag Pole shall be required. Tenant shall, within thirty (30) days of being billed therefor by Landlord, reimburse Landlord for all reasonable expenses incurred by Landlord in connection with its review of the foregoing. Tenant shall obtain, at its sole cost and expense, all governmental permits will remove or cause to be removed (i) the Building Sign and approvals required for restore the installation and use facade of the Flag Pole. Tenant shall install the Flag Pole in a good and workmanlike manner using a contractor reasonably approved by Landlord. Once installed, the Flag Pole shall be deemed to be a part of the Premises and all references in this Lease Building to the Premises shall include said Flag Pole. Tenant shall be solely responsible, at its sole cost and expense, for condition It was in prior to the maintenance and repair of time the Flag Pole and for grounds maintenance immediately surrounding the Flag PoleBuilding Sign was affixed thereto, and shall indemnify and hold harmless Landlord from and against (ii) all liability, claims or costs, including reasonable legal fees, arising from other exterior signs requested and/or installed by the installation and/or use of the Flag Pole. Tenant shall assume full responsibility for the cost of repair and/or use of the Flag Pole. Under no circumstances shall Landlord be liable for any damage to or vandalism of the Flag Pole. In using the Flag Pole, Tenant agrees not to materially disrupt, adversely affect or interfere with any other tenant’s or other occupant’s use and enjoyment of its leased premises or any other part of the Property. Tenant agrees not to grant any third parties the right to utilize in any manner, or otherwise benefit from, the Flag Pole. Upon the expiration or earlier termination of this Lease, Tenant shall remove the Flag Pole from the Property and shall repair any damage caused by such removal. Tenant’s failure to timely comply with the immediately preceding sentence shall constitute a holding over of the Premises by Tenant until such time as the Flag Pole is removed and any damage caused by such removal is repaired by Tenant. In addition, if on or before unless specifically exempted by the Expiration Date, Tenant fails to both remove the Flag Pole and repair any damage caused thereby, then, Landlord may, at Tenant’s sole cost and expense, remove the Flag Pole without compensation to Tenant, discard it without liability to Landlord, and restore the area(s) of such sign(s) to match surrounding conditions;
D. Landlord shall have the right to prohibit any damage caused advertising or identifying sign by the removal Tenant which, in the landlord's judgment. tends to impair the reputation of the Flag Pole Building and the building site, and upon written notice from the Landlord. the Tenant shall immediately discontinue such advertising or identifying sign, and, at Tenant’s its expense. The aforesaid , shall restore the area of such sign to its pre-existing condition;
E. Landlord reserves the right to relocate existing signs and/or install such other signs on the Flag Pole is personal to Building or the Tenant named herein Lot, as Landlord may deem necessary, appropriate or useful in identifying tenants in the Building or in Landlord's conduct of the business of operating the Building. EXHIBIT F Cleaning Schedule ----------------- CLEANING --------
A. Office Area Nightly: (Monday through Friday, holidays excepted.) -------
1. Empty wastepaper baskets, ashtrays and shall not apply to any assignee or subtenant of Tenantrefuse receptacles.
2. Dust sweep hard surface flooring with specially treated cloth. Carpet sweep carpeted areas and rugs.
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Sources: Lease (Matrixone Inc)
Flag Pole. Provided The initial Tenant named herein will have the exclusive right to the use of one (1) flagpole serving the Building and on condition designated by Landlord for the purpose of flying a flag which identifies the initial Tenant named hereunder (i.e., Umpqua Bank, an Oregon State Chartered Bank); provided that Landlord will have the right to review and approve the proposed size and design of any such flag (Landlord's approval not to be unreasonably withheld). All costs associated with the use of such flagpole will be borne by Tenant. Landlord will have the right to rescind Tenant's right to the use of such flagpole if, at any time during the Term (1) Tenant has not assigned this assigns its interest in the Lease or sublet all or any portion (other than to a Permitted Transferee retaining the name of the Premisesinitial Tenant hereunder), or (2) Tenant may erect is in Monetary Default under any term or condition of the Lease and fails to cure such Monetary Default within any applicable grace period LOCATION OF CUSTOMER PARKING SPACES [TO FOLLOW] EXHIBIT G GUARANTY OF LEASE FOR VALUE RECEIVED and in consideration for and as an inducement to OR-BF PLAZA LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP ("Landlord") to lease certain real property to UMPQUA BANK, AN OREGON STATE CHARTERED BANK, as tenant ("Tenant"), pursuant to a flag pole at the propertylease dated ___________, at Tenant’s sole cost and expense 200__ (the “Flag Pole”"Lease") by and between Landlord and Tenant, the undersigned, UMPQUA HOLDINGS CORPORATION, AN OREGON BANKING CORPORATION ("Guarantor"), does hereby unconditionally and irrevocably guarantee to Landlord the punctual payment of all Rent (as such term is defined in the Lease) payable by Tenant under the Lease throughout the term of the Lease and any and all renewals and extensions thereof in accordance with and subject to the terms provisions of the Lease, and the full performance and observance of all other terms, covenants, conditions set forth in Section 14 of this Lease and subject further agreements therein provided to be performed and observed by Tenant under the terms of the Lease, for which the undersigned shall be jointly and conditions set forth hereinafterseverally liable with Tenant. Prior to installing If any default on the Flag Pole, part of Tenant shall provide occur under the Lease, the undersigned does hereby covenant and agree to pay to Landlord in each and every instance such sum or sums of money and to perform each and every covenant, condition and agreement under the Lease as Tenant is and shall become liable for or obligated to pay or perform under the Lease, together with plans and specifications therefor, as well as such other information pertaining to the Flag Pole as Landlord may costs reasonably require. Landlord’s prior consent to such plans and specifications, as well as the location, manner of installation and control of the Flag Pole shall be required. Tenant shall, within thirty (30) days of being billed therefor by Landlord, reimburse Landlord for all reasonable expenses incurred by Landlord in connection with its review therewith, including, without limitation, reasonable attorneys' fees. Such payments of Rent and other sums shall be made monthly or at such other intervals as the same shall or may become payable under the Lease, including any accelerations thereof, all without requiring any notice from Landlord (other than any notice required by the Lease) of such non-payment or non performance, all of which the undersigned hereby expressly waives. The maintenance of any action or proceeding by Landlord to recover any sum or sums that may be or become due under the Lease and to secure the performance of any of the foregoingother terms, covenants and conditions of the Lease shall not preclude Landlord from thereafter instituting and maintaining subsequent actions or proceedings for any subsequent default or defaults of Tenant under the Lease. The undersigned does hereby consent that without affecting the liability of the undersigned under this Guaranty and without notice to the undersigned, time may be given by Landlord to Tenant for payment of Rent and such other sums and performance of said other terms, covenants and conditions, or any of them, and such time extended and indulgence granted, from time to time, or Tenant may be dispossessed or Landlord may avail itself of or exercise any or all of the rights and remedies against Tenant provided by law or by the Lease, and may proceed either against Tenant alone or jointly against Tenant and the undersigned or against the undersigned alone without first prosecuting or exhausting any remedy or claim against Tenant. The undersigned does hereby further consent to any subsequent change, modification or amendment of the Lease in any of its terms, covenants or conditions, or in the Rent payable thereunder, or in the premises demised thereby, or in the term thereof, and to any assignment or assignments of the Lease, and to any subletting or sublettings of the premises demised by the Lease, and to any renewals or extensions thereof, all of which may be made without notice to or consent of the undersigned and without in any manner releasing or relieving the undersigned from liability under this Guaranty. The undersigned does hereby agree that the bankruptcy of Tenant shall obtain, at its sole cost and expense, all governmental permits and approvals required for have no effect on the installation and use obligations of the Flag Poleundersigned hereunder. Tenant The undersigned does hereby further agree that in respect of any payments made by the undersigned hereunder, the undersigned shall install not have any rights based on suretyship, subrogation or otherwise to stand in the Flag Pole in place of Landlord so as to compete with Landlord as a good creditor of Tenant, unless and workmanlike manner using until all claims of Landlord under the Lease shall have been fully paid and satisfied. Neither this Guaranty nor any of the provisions hereof can be modified, waived or terminated, except by a contractor reasonably approved written instrument signed by Landlord. Once installedThe provisions of this Guaranty shall apply to, bind and inure to the Flag Pole benefit of the undersigned and Landlord and their respective heirs, legal representatives, successors and assigns. The undersigned, if there be more than one, shall be deemed jointly and severally liable hereunder, and for purposes of such several liability the word "undersigned" wherever used herein shall be construed to be a part refer to each of the Premises undersigned parties separately, all in the same manner and all references in this Lease to with the Premises shall include said Flag Pole. Tenant shall be solely responsible, at its sole cost and expense, for the maintenance and repair same effect as if each of the Flag Pole and for grounds maintenance immediately surrounding the Flag Polethem had signed separate instruments, and this Guaranty shall indemnify and hold harmless Landlord from and against all liability, claims not be revoked or costs, including reasonable legal fees, arising from impaired as to any of such parties by the installation and/or use death of the Flag Pole. Tenant shall assume full responsibility for the cost another party or by revocation or release of repair and/or use any obligations hereunder of the Flag Pole. Under no circumstances shall Landlord be liable for any damage to or vandalism of the Flag Pole. In using the Flag Pole, Tenant agrees not to materially disrupt, adversely affect or interfere with any other tenant’s or other occupant’s use and enjoyment of its leased premises party. If Landlord should retain counsel and/or institute any suit against Guarantor to enforce this Guaranty or any other part of the Property. Tenant agrees not to grant any third parties the right to utilize in any mannercovenants or obligations hereunder, or otherwise benefit from, the Flag Pole. Upon the expiration or earlier termination of this Lease, Tenant then Guarantor shall remove the Flag Pole from the Property and shall repair any damage caused by such removal. Tenant’s failure to timely comply with the immediately preceding sentence shall constitute a holding over of the Premises by Tenant until such time as the Flag Pole is removed and any damage caused by such removal is repaired by Tenant. In addition, if on or before the Expiration Date, Tenant fails to both remove the Flag Pole and repair any damage caused thereby, then, Landlord may, at Tenant’s sole cost and expense, remove the Flag Pole without compensation to Tenant, discard it without liability pay to Landlord, upon demand, all reasonable attorneys' fees, costs and restore any damage caused expenses, including, without limitation, court costs, filing fees, recording costs, and all other costs and expenses incurred in connection therewith (all of which are referred to herein as "Enforcement Costs"), in addition to all other amounts due hereunder. This Guaranty shall be governed by and construed in accordance with the internal laws of the state where the premises demised by the removal Lease are located. For the purpose solely of litigating any dispute under this Guaranty, the undersigned submits to the jurisdiction of the Flag Pole at Tenant’s expensecourts of said state. The aforesaid right Any notice or other communication to install be given to Landlord or the Flag Pole is personal undersigned hereunder shall be in writing and sent in accordance with the notice provisions of the Lease. Notices to Landlord shall be delivered to Landlord's address set forth in the Lease. Notices to the Tenant named herein and undersigned shall not apply be addressed as follows: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, General Counsel, ▇/▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇.▇. ▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇. If Guarantor's notice address as set forth above changes, Guarantor agrees to any assignee or subtenant provide written notice to Landlord of Tenantsuch change in address.
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