ELEVENTH AMENDMENT TO LEASE
THIS ELEVENTH AMENDMENT TO LEASE (this "Amendment") is dated February
9, 2000, for reference purpose only, by and between CARRAMERICA REALTY
CORPORATION, a Maryland corporation ("Landlord"), and SHARPER IMAGE CORPORATION,
a Delaware corporation ("Tenant").
RECITALS
A. Golden Gateway North, a limited partnership and Landlord's
predecessor in interest ("GGN") and The Xxxxxxxxxx Company, a California
corporation and Tenant's predecessor in interest ("Xxxxxxxxxx") entered into
that certain Office Lease and Addendum to Office Lease, both dated February 8,
1983 (the "Initial Lease"), pursuant to which GGN leased to Xxxxxxxxxx and
Xxxxxxxxxx leased from GGN premises in that certain building located at 000
Xxxxx Xxxxxx, Xxx Xxxxxxxxx, Xxxxxxxxxx in the Golden Gateway Project.
B. The Initial Lease was subsequently amended by that certain Amendment
No. 1 to Office Lease between GGN and Xxxxxxxxxx dated as of September 15, 1983
(the "First Amendment"), that certain Amendment No. 2 to Office Lease between
GGN and Xxxxxxxxxx dated as of April 6, 1984 (the "Second Amendment"), that
certain Third Amendment to Lease between GGN and Xxxxxxxxxx dated as of June 30,
1987 (the "Third Amendment"), that certain Amendment No. 4 to Office Lease
between GGN and Tenant dated as of July 2, 1987 (the "Fourth Amendment'), that
certain Fifth Amendment to Lease between GGN and Tenant dated as of March 4,
1988 (the "Fifth Amendment"), that certain Amendment No. 6 to Office Lease
between GGN and Tenant dated as of November 1, 1990 (the "Sixth Amendment"),
that certain Amendment No. 1 to Office Lease between GGN and Tenant dated as of
November 30, 1992 (the "Seventh Amendment"), that certain Amendment No. 8 to
Office Lease between GGN and Tenant dated as of June 1, 1993 (the "Eighth
Amendment") that certain Amendment No. 9 to Office Lease between Shorenstein
Realty Investors, L.P., a California limited partnership and Landlord's
predecessor in interest ("Shorenstein") and Tenant dated as of December 14, 1994
(the "Ninth Amendment") and that certain Amendment No. 10 to Office Lease
between Shorenstein and Tenant dated as of March 26, 1998 (the "Tenth
Amendment"). The Initial Lease, as amended by the First Amendment, the Second
Amendment, the Third Amendment, the Fourth Amendment, the Fifth Amendment, the
Sixth Amendment, the Seventh Amendment, the Eight Amendment, the Ninth
Amendment, and the Tenth Amendment is defined herein as the "Original Lease").
C. GGN's interest in the Original Lease was subsequently assigned to
Shorenstein and Shorenstein's interest in the Original Lease was subsequently
assigned to Landlord.
X. Xxxxxxxxxx'x interest in the Original Lease was subsequently
assigned to Tenant.
E. Landlord and Tenant desire to amend the Original Lease to, among
other things, extend the term of the Original Lease on the terms and conditions
set forth herein.
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AMENDMENT
1. Incorporation of Recitals and Definitions. The foregoing recitals
are hereby incorporated herein by this reference. The Original Lease as amended
by this Amendment is hereinafter referred to as the "Lease". All terms which are
capitalized herein but which are not defined, shall have the same meanings given
such terms in the Original Lease. In the event of any conflict between the terms
set forth in the Original Lease and this Amendment, the terms of this Amendment
will control.
2. Term. The Lease is hereby amended to extend the term of the Lease
for an additional five (5) year period commencing on February 1, 2001 and
terminating on January 31, 2006 (the "Renewal Term").
3. Premises. Landlord and Tenant hereby agree that for the Renewal
Term, the "Premises" shall contain a total of 58,295 rentable square feet and be
comprised of the Second Floor Space, the Photography Studio and the First Floor
Retail Space (as such terms are defined below) at 000 Xxxxx Xxxxxx, Xxx
Xxxxxxxxx, Xxxxxxxxxx (the "Building")
(a) "Second Floor Space" means the 48,328 rentable square feet
of the upper level of the Building, as shown on Exhibit C attached
hereto.
(b) "Photography Studio" means the 6,673 rentable square feet
located on the southeast xxxxx of the lower level of the Building, as
shown on Exhibit C attached hereto.
(c) "First Floor Retail Space" means the 3,294 rentable square
feet on the lower level of the Building, as shown on Exhibit C attached
hereto.
4. Base Rent For the Premises. As of February 1, 2001, the definition
of "Base Rent" is amended as follows:
Time Period Annual Base Rent Monthly Base Rent
----------- ---------------- -----------------
February 1, 2001 - January 31, 2002: $2,404,668.72 $200,389.06
February 1, 2002 - January 31, 2003: $2,462,963.76 $205,246.98
February 1, 2003 - January 31, 2004: $2,521,258.80 $210,104.90
February 1, 2004 - January 31, 2005: $2,579,553.72 $214,962.81
February 1, 2005 - January 31, 2006: $2,637,848.76 $219,820.73
With respect to the Renewal Term, Tenant has no other Base Rent payment
obligations (except for accrued but unpaid Rent obligations relating to the
period prior to the Renewal Term) and the foregoing Base Rent payments cover the
entire Premises, including, without limitation, the First Floor Retail Space.
5. Base Year/Operating Expenses/Property Taxes. As of February 1, 2001,
(a) the "Base Year" shall be amended to be calendar year 2001, (b) "Base
Operating Expenses" shall mean the Operating Expenses paid or incurred by
Landlord in calendar year 2001, and (c) "Base Property Taxes" shall mean the
Property Taxes paid or incurred by Landlord in calendar year
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2001. Effective as of February 1, 2001, Section 3(a)(3) of the Lease is amended
to read in its entirety as follows:
"Lessee shall pay Lessor as additional rent the sum of (i)
Lessee's percentage share of the total dollar increase, if
any, in Operating Expenses paid or incurred by Lessor in each
year subsequent to the Base Year over the Base Operating
Expenses and (ii) Lessee's percentage share of the total
dollar increase, if any, in Property Taxes paid or incurred by
Lessor in each year subsequent to the Base Year over the Base
Property Taxes."
6. Proportionate Share. Landlord and Tenant agree that "Lessee's
percentage share" of the Commercial Area is 62.22%.
7. Tenant Improvements. Landlord shall provide Tenant with a "Tenant
Improvement Allowance" in the total amount of $540,394.65, in accordance with
the terms and conditions of the "Tenant Improvement Agreement" attached hereto
as Exhibit A.
8. First Floor Retail Space. As of February 1, 2001, the Tenant may
convert the First Floor Retail Space to general office use; provided, however,
that (a) any alterations or improvements Tenant desires to make in the First
Floor Retail Space shall be subject to the terms and conditions of the Lease,
including the requirement that Tenant obtain Landlord's prior written approval
for any alterations, additions or improvements, which approval shall not be
unreasonably withheld, delayed or conditioned, (b) Tenant shall be responsible
for any improvements to the Building's common areas that are required as a
condition of obtaining the necessary permits and approvals for such First Floor
Retail Space conversion, and (c) with the exception of the Tenant Improvement
Allowance set forth above Landlord shall have no obligation to pay for any
alterations or improvements performed by Tenant in connection with such First
Floor Retail Space conversion.
Tenant is not obligated to pay "percentage rent", as defined in the
Eighth Amendment, with respect to the Renewal Term. Tenant has no obligation to
report Gross Sales with respect to the Renewal Term. Tenant has no obligation to
continuously operate its business in the First Floor Retail Space during the
Renewal Xxx and effective as of February 1, 2001, Section 6(g) of the Eighth
Amendment is deleted from the Lease.
9. Janitorial Service. Tenant shall provide any janitorial service
required for the Premises during the Renewal Term. Landlord shall provide Tenant
with a janitorial credit in the amount of $9,000.00 per month (as set forth in
Section 3 of the Sixth Amendment) during the Renewal Term. Tenant shall recover
this janitorial credit by offset against the Base Rent payable each month.
10. Signage. Landlord hereby approves all existing Tenant signs
installed on the Project, except for the neon sign with the Tenant's name
located on the inside of the windows facing Broadway Street which Tenant hereby
agrees to remove as of the date Tenant executes this Amendment. Any new signs
Tenant proposes to install in the Project shall conform with Landlord's signage
standards, a copy of which is attached hereto as Exhibit B and shall be subject
to Landlord's prior written approval. In the event that (i) Tenant delivers
written notice
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to Landlord that provides all of the information Landlord requires to make a
decision to approve or disapprove a sign Tenant proposes to install at the
Premises (the "First Sign Request Notice"), (ii) Landlord does not approve or
disapprove such proposed sign within twenty five (25) days of Landlord's receipt
of the First Sip Request Notice, (iii) after such twenty five (25) day period
Tenant delivers written notice to Landlord specifying that Landlord has not
responded to the request (the "`Second Sign Request Notice"), and (iv) Landlord
does not approve or disapprove the proposed sign within fifteen (15) days of
Landlord's receipt of the Second Sign Request Notice, then Landlord shall be
deemed to have approved the proposed sign.
11. Option To Extend. Landlord and Tenant agree that Tenant exercised
its first option to extend the Lease Term as provided in Section 8(b)(1) of the
Sixth Amendment and amended by Section 8 of the Seventh Amendment, and that this
Amendment documents such extension. Landlord and Tenant further agree that
Tenant may exercise the second option to extend the Term of the Lease for a
period of five (5) years pursuant to the terms and conditions set forth in
Section 8 of the Sixth Amendment as amended by Section 8 of the Seventh
Amendment; provided, however, that Landlord and Tenant agree that this second
option is the final remaining option available to Tenant under the Lease to
extend the Term of the Lease,
12. Right of First Opportunity. Landlord and Tenant agree that Tenant
has (and shall continue to have during the Renewal Term) a Right of First
Opportunity subject to the tam and conditions set forth in Section 9 of the
Sixth Amendment, as amended by Section 9 of the Seventh Amendment.
13. Notices. Section 33 of the Lease is hereby amended to provide that
Landlord's new address for receipt of notices under the Lease is as follows:
CarrAmerica Realty Corporation
0000 Xxxxxxx Xxxxx, Xxxxx 000
Xxx Xxxxx, XX 00000
Attention: Vice President - Market Officer
with a copy to:
CarrAmerica Realty Corporation
0000 X Xxxxxx, X.X., Xxxxx 000
Xxxxxxxxxx, X.X. 00000
Attention: Lease Administrator
14. Brokers. Landlord and Tenant represent and warrant to each other
that neither has dealt with any broker respecting this Amendment other than
Kenmark Commercial ("Tenant's Broker") and The CAC, Group ("CAC"). Each party
shall indemnify and hold the other harmless from any and all other claims by any
other broker, agent or person claiming a commission or other form of
compensation by virtue of this Amendment as a result of such party's dealing
with the party from whom indemnification is sought. Landlord shall pay a
commission in the total amount of $145,737.50 to Tenant's Broker; provided,
however, that Landlord shall pay Tenant's Broker half of the commission
($72,868.75) upon full execution of this Amendment by both Landlord and Tenant,
and half of the commission ($72,868.75) on February 1, 2001. In addition,
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Landlord shall pay the commission and any other compensation due to CAC in
connection with this Amendment and Landlord shall indemnify Tenant from any and
all claims by CAC claiming a commission or other form of compensation in
connection with this Amendment.
15. Attorneys' Fees. In any arbitration, quasi-judicial or
administrative proceedings or any action in any court of competent jurisdiction,
brought by either party to enforce any covenant or any of such party's rights or
remedies under this covenant or any of such party's rights or remedies under
this Amendment, including any action for declaratory relief, or any action to
collect any payments required under this Amendment or to quiet title against the
other party, the prevailing party shall be entitled to reasonable attorneys'
fees and all costs, expenses and disbursements in connection with such action,
including the costs of reasonable investigation, preparation and professional or
expert consultation, which sums may be included in any judgment or decree
entered in such action in favor of the prevailing party.
16. Successors. All terms and provisions of this Amendment shall be
binding upon, be enforceable by, and shall inure to the benefit of, the
respective assignees and successors of the parties hereof.
17. Time is of the Essence. Time is of the essence for each and every
provision of this Amendment.
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18. Confirmation of Lease. Except as amended by this Amendment, the
parties hereby agree and confirm that the Lease is in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment the
day and year first above written,
"LANDLORD"
CARRAMERICA REALTY CORPORATION,
a Maryland corporation
By: /s/ Xxxxxx X. Xxxxxxx
Name: Xxxxxx X. Xxxxxxx
Title: Chief Operating Officer
By: /s/ Xxxx X. Xxxxxx
Name: Xxxx X. Xxxxxx
Title: Managing Director
"TENANT"
SHARPER IMAGE CORPORATION,
a Delaware corporation
By: /s/ Xxxxx Xxx
Name: Xxxxx X. Xxx
Title: President C.O.O.
By: /s/ Xxxxxxx X. Xxxxxx
Name: Xxxxxxx X. Xxxxxx
Title: Senior Vice President and
Chief Financial Officer
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EXHIBIT A
TENANT IMPROVEMENT AGREEMENT
This Tenant Improvement Agreement ("Agreement") is an integral part of
the Eleventh Amendment to Lease dated as of February 9, 2000 between CarrAmerica
Realty Corporation and Sharper Image Corporation (the "Amendment") relating to
certain Premises described in the Amendment. Capitalized terms used in this
Amendment not otherwise defined herein shall have the meaning given such terms
in the Amendment Landlord and Tenant agree as follows with respect to the Tenant
Improvements, if any, to be installed in the Premises:
1. INITIAL TENANT IMPROVEMENTS.
A. Plans. Tenant shall cause to be performed certain remodeling work
(the "Tenant Improvements") in and about the Premises in accordance with plans
and specifications prepared by Tenant and approved by Landlord (the "Plans"),
which approvals shall not be unreasonably withheld, delayed or conditioned.
Tenant may perform the design and/or construction of the Tenant Improvements in
stages in order to accommodate the ongoing growth in the number of Tenant's
employees in the Premises, Tenant's on-going business operations and other
operational issues for Tenant, Tenant shall cause the Plans to be prepared, at
Tenant's cost, by a registered professional architect and mechanical and
electrical engineer(s). Landlord's Tenant Improvements Guidelines, attached
hereto as Exhibit A-1, which are attached for the purpose of informing Tenant of
Landlord's general design preferences and material specifications with respect
to any Tenant Improvements. Tenant agrees to use reasonable efforts to prepare
its plans and specifications in compliance with Landlord's Tenant Improvement
Guidelines to the extent applicable to the Tenant Improvements contemplated by
Tenant; provided, however, that Tenant must obtain Landlord's written approval
prior to the installation of any Tenant Improvements that deviate from the terms
and conditions set forth in Landlord's Tenant Improvement Guidelines. Tenant
shall furnish the initial draft of the Plans to Landlord for Landlord's review
and approval. In the event that (i) Tenant delivers a draft of the Plans which
includes all of the information Landlord requires to make a decision to approve
or disapprove the Plans (the "First Plans Request Notice"), (ii) Landlord does
not approve or disapprove such proposed Plans within twenty five (25) days of
Landlord's receipt of the First Plans Request Notice, (iii) after such twenty
five (25) day period Tenant delivers written notice to Landlord specifying that
Landlord has not responded to the request (the "Second Plans Request Notice"),
and (iv) Landlord does not approve or disapprove the proposed Plans within
fifteen (15) days of Landlord's receipt of the Second Plans Request Notice, then
Landlord shall be deemed to have approved the proposed Plans. If Landlord
provides Tenant with comments to the initial draft of the Plans, Tenant shall
provide revised Plans to Landlord incorporating Landlord's comments after
receipt of Landlord's comments. Landlord agrees to use commercially reasonable
efforts to respond promptly to revisions to Plans. Plans will be revised by
Tenant and reviewed by Landlord until the Plans have been finally approved by
Landlord. Tenant hereby agrees that the Plow for the Tenant Improvements shall
comply with all applicable Governmental Requirements. Landlord's approval of the
Plans shall be solely for the purposes of authorizing construction of the Tenant
Improvements, and shall not be deemed to be
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an approval of the technical merits of the Plans nor a verification that such
Tenant Improvements and/or the Plans comply with applicable Governmental
Requirements. Tenant shall be solely responsible for ensuring that the `Tenant
Improvements are designed and constructed in accordance with all applicable
Governmental Requirements.
B. Construction by Tenant. Tenant shall be solely responsible for
the construction of the Tenant Improvements in and about the Premises. Tenant
shall construct the Tenant Improvements in accordance with the approved Plans
and in accordance with all rules, regulations, codes, statutes, ordinances and
laws of all government and quasi-governmental authorities and in a good and
workmanlike manner, Landlord shall have no responsibility whatsoever for the
construction of the Tenant Improvements. The Tenant Improvements shall be
constructed with new materials of good quality and with adequately trained and
supervised labor using currently approved methods of their particular trade.
C. Contractor. Prior to commencement of construction, Tenant shall
select a general contractor which is reasonably acceptable to Landlord (whose
consent shall not be unreasonably withheld or delayed) ("Contractor") to
construct the Tenant Improvements. The Contractor shall be licensed by the State
of California and bondable. The construction contract ("Construction Contract")
for the Tenant Improvements shall be between Tenant (not Landlord) and
Contractor.
D. Construction Process. Tenant shall not commence the construction
of any Tenant Improvements until after Landlord and Tenant have agreed on the
approved Plans and selection of the Contractor. Thereafter, Tenant shall be
responsible for completing the construction of the Tenant Improvements in
accordance with the approved Plans.
E. Insurance. Tenant shall deliver to Landlord prior to Tenant or
Contractor's entry onto the Premises to commence construction of the Tenant
Improvements certificates evidencing the following insurance:
(1) Tenant, and any contractor of Tenant performing work on
the Premises, shall maintain insurance as follows.
(a) Commercial General Liability Insurance, including
premises operation, products operation, contractual liability coverage,
completed operations coverage, broad form property damage to afford protection
with limits, for each occurrence, of not less than One Million Dollars
($1,000,000) with respect to personal injury, death or property damage.
(b) Workers' compensation or similar insurance in
form and amounts required by law, and Employer's Liability with not less than
the following limits:
Each Accident $500,000
Disease - Policy Limit $500,000
Disease - Each Employee $500,000
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(2) Contractor's insurance shall contain a waiver of
subrogation provision in favor of Landlord and its agents. Tenant's contractor's
insurance shall be primary and not contributory to that carried by Tenant,
Landlord, their agents or mortgagees. Tenant and Landlord, and if any,
Landlord's building manager or agent, mortgagee or ground lessor shall be named
as additional insured on Tenant's contractor's liability insurance policies.
F. Compliance. The Tenant Improvements and all materials
incorporated therein shall comply with the approved Plans, as may be revised
from time to time pursuant to the terms of this Agreement, and shall be free
from all design, material and workmanship defects. Tenant and Contractor shall
comply with all applicable laws, regulations, permits and other approvals
applicable to construction of the Tenant Improvements.
G. Liens. Tenant shall defend and indemnify Landlord and hold it
harmless from any and all claims, losses, demands, judgments, settlements, costs
and expenses, including reasonable attorneys' fees, resulting from any act or
omission of Tenant or anyone claiming by, through, or under Tenant, in
connection with construction of the Tenant Improvements, for any mechanics' lien
or other lien filed against the Premises or any Building or against other
property of Landlord (whether or not the lien is valid or enforceable). Tenant
shall, at its own expense, (i) cause any such liens to be discharged of record,
or (ii) cause to be recorded a bond in compliance with CC Section 3143, within a
reasonable time, not to exceed thirty (30) days, after the later of (a) Tenant's
actual notice of the lien or (b) the date of filing.
H. Indemnity. Tenant shall indemnify, defend and hold Landlord
harmless from and against any and all suits, claims, actions, loss, cost or
expense (including claims for workers' compensation, reasonable attorneys' fees
and costs) based on personal injury or property damage caused in, or contract
claims (including, but not limited to claims for breach of warranty) arising
from, construction of the Tenant's Improvements, except to the extent caused by
Landlord's acts or omissions or Landlord's agents', employees' or contractors'
acts or omissions. Tenant shall repair or replace any portion of a Building or
item of Landlord's equipment or any of Landlord's real or personal property
damaged, lost or destroyed in construction of the Tenant Improvements, except to
the extent the damage, loss or destruction is the result of Landlord's acts or
omissions or Landlord's agents', employees' or contractors' acts or omissions.
Notwithstanding the foregoing, in the event Tenant fails to complete such repair
or replacement work within ten (10) days following Tenant's receipt of
Landlord's written notice therefor (or if the nature of such work is such that
more than ten (10) days is required, then in the event Tenant fails to commence
such work within such ten (10) days and thereafter diligently prosecute such
work to completion to the reasonable satisfaction of Landlord), then Landlord
may (but shall have no obligation to) cause such work to be performed and/or
completed at Tenant's sole cost and expense.
I. Project Management Fee. Landlord, or an agent of Landlord, shall
provide project management services in connection with the construction of the
Tenant Improvements and the Change Orders (hereinafter defined). Such project
management services shall be performed, at Tenant's cost, for a fee of three
percent (3%) of the Tenant Improvement Allowance.
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J. Notices. Tenant shall notify Landlord at least ten (5) business
days prior to the commencement of construction of any Tenant Improvements and
permit Landlord to post on the Premises such notices of nonresponsibility, and
such other notices to other tenants in the Project, as Landlord may deem
reasonable under the circumstances.
2. CHANGE ORDERS. Tenant shall not make any change to the approved
Plans without Landlord's prior approval, which approval shall not be
unreasonably withheld or delayed; provided, however, that Landlord may withhold
its consent if such requested change would negatively affect the structural
components or exterior appearance of the Buildings. Landlord agrees to use
commercially reasonable efforts to respond promptly to proposed change requests.
If Landlord does not approve of the plans and specifications for the change
order request, Landlord shall advise Tenant of the revisions required. Tenant
shall revise and redeliver the plans and specifications to Landlord within five
(5) business days of Landlord's advice or Tenant shall be deemed to have
abandoned its request for such change order request. Tenant shall pay for all
preparations and revisions of plans and specifications, and the construction of
all change order requests, subject to Tenant Improvement Allowance. All approved
change order requests to the approved Plans shall be in writing and shall be
signed by both Landlord and Tenant prior to the change being made.
3. TENANT IMPROVEMENT ALLOWANCE. Landlord shall contribute an amount up
to $540,394.65 ($9.27 per rentable square foot) (the "Tenant Improvement
Allowance") toward the costs incurred by Tenant in connection with the Tenant
Improvements, Change Orders, Landlord's project management fee and other work
related to the remodeling of the Premises, including without limitation, the
installation of work stations, partitions, wall and floor coverings and light
fixtures (collectively, "Remodeling Work") in accordance with and subject to the
provisions in this Agreement. Not sooner than the date on which the Remodeling
Work within the Premises has been commenced, Tenant may submit invoices to
Landlord for payment out of the Tenant Improvement Allowance to reimburse Tenant
for Remodeling Work. costs incurred for work actually performed within the
Premises. Following Landlord's receipt of such invoices, Landlord shall within
thirty (30) days thereafter pay Tenant for the amount requested in such invoice;
provided in no event shah Landlord be obligated to pay Tenant more than the
maximum amount of the Tenant Improvement Allowance. Any expenses incurred by
Tenant for the Remodeling Work in excess of the Tenant Improvement Allowance
shall be at Tenant's sole cost and expense. Landlord shall have no obligation to
disburse any portion of the Tenant Improvement Allowance which has not be
requested by Tenant pursuant to the terms hereof on or before February 28, 2002
and such amount shall be deemed forfeited by Tenant and shall not be applicable
against any other amounts (e.g., Rent) payable by Tenant under the Lease. In the
event that (i) Tenant has fully satisfied all of the terms and conditions as set
forth in this Agreement required for payment of a portion of the Tenant
Improvement Allowance, (ii) Landlord has failed to pay such portion when due,
and (iii) Landlord has not notified Tenant of a good faith dispute regarding the
portion to be paid, then Tenant may offset the amount overdue, together with
interest at the rate applicable to late Tenant payments under the Lease, against
ensuing Base Rent Unless notified by Landlord when Tenant requests Landlord's
approval for the Tenant Improvements that certain Tenant Improvements must be
removed upon the expiration or termination of the Lease (the "Designated Tenant
Improvements"), then except for those Designated Tenant Improvements, all other
Tenant Improvements whose cost is paid for or
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reimbursed by Landlord's payment of the Tenant Improvement Allowance shall
belong to Landlord upon the later of Landlord's payment or their installation in
the Premises.
4. AS-BUILTS. Upon completion of construction of the Tenant
Improvements, Tenant shall deliver to Landlord "as-built" drawings for the
completed Tenant Improvements.
5. MISCELLANEOUS. Terms used in this Exhibit A shall have the meanings
assigned to them in the Amendment. The terms of this Exhibit A are subject to
the terms of the Amendment.
Landlord hereby designates the following individual as
Landlord's representative for purposes of Tenant's communications with Landlord
regarding the Tenant Improvements:
Xxxx Xxxxxxx Xxxx
CarrAmerica Realty Corporation
000 Xxxxxxx Xxxxxx
Xxx Xxxxxxxxx, XX 00000
Phone: (000) 000-0000
Fax: (000) 000-0000
Tenant hereby designates the following individual as Tenant's
representative for purposes of Landlord's communications with Tenant regarding
the Tenant Improvements:
Xx. Xxxxx Xxxxxxx
The Sharper Image
000 Xxxxx Xxxxxx
Xxx Xxxxxxxxx, Xxxxxxxxxx 00000
Phone: (000) 000-0000
Fax: (000) 000-0000
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