BUILDING ADDRESS One Overton Park 3625 Cumberland Boulevard Atlanta, Georgia 30339 Building Location One Overton Park is located in Northwest Atlanta at the I 75 & I 285 junction. The Cumberland/Galleria area is 5 minutes away; Buckhead is only 15 minutes away; downtown, 20 minutes; and Hartsfield International Airport, 25 minutes. The main entrance to Overton Park is on Cumberland Boulevard. 1 BUILDING HOURS OF OPERATION Monday through Friday Saturday Sundays and Holidays 7:00 a.m. to 6:00 p.m. 8:00 a.m. to 1:00 p.m. Closed to general public. Authorized Tenant employees may enter using their access card. Official Building Holidays 1. 2. 3. 4. 5. 6. 7. 8. New Year's Day Memorial Day Independence Day Labor Day Thanksgiving Day Friday following Thanksgiving Day Christmas Day Any other holiday generally recognized by landlords of office space in the metropolitan Atlanta office market. PROPERTY MANAGEMENT OFFICE The Overton Leasing & Management Office may be contacted as follows: Hines One Overton Park, Suite 210 3625 Cumberland Boulevard Atlanta, Georgia 30339 678.564.5355 phone 678.564.5325 fax Please call the Management Office at any time should you have questions or comments concerning the Building. Office hours are 8:00 a.m. to 5:00 p.m. Monday through Friday. After business hours or on weekends, your call will be forwarded to an answering service capable of reaching staff members in the event of an emergency. About the Leasing and Management Staff: One Overton Park is managed by a Hines professional management team. The management team, chosen for its expertise in managing corporate office properties, consists of the following: 2 Office Staff Engineering/Maintenance Property/Marketing Manager Assistant Property Manager Property Accountant Office Manager Tenant Services Coordinator Chief Engineer Assistant Chief Engineer Operating Engineers (2) OVERTIME HEATING / AIR CONDITIONING Heating or air conditioning is provided during Building Hours of Operation per the lease agreement. Heating or air conditioning required at other times may be scheduled through the Property Management Office by completing an Overtime Heating / Air Conditioning form. Since there will be a charge for overtime HVAC, the form must be signed by an authorized representative of the Tenant's company. A sample Overtime Heating / Air Conditioning form is provided Section IV of this manual; additional forms are available from the Property Management Office. TENANT HVAC EQUIPMENT Where a Tenant has its own additional HVAC unit(s), there will be a charge for providing electricity and chilled water to run Tenant's unit(s). Charges for Overtime HVAC or Tenant Chilled Water will be billed to the Tenant on a monthly basis. BUILDING ACCESS / SECURITY PROCEDURES For the convenience of Tenants, visitors, contractors and vendors, One Overton Park has many entrances and exits: Entrance/Exit Purpose 1. West Lobby Tenants and Visitors entering (exiting) from (to) the Parking Garage. 2. South Lobby/”Front” Tenant and Visitor drop-off or pick-up only. 3. North Lobby Tenant and Visitor enter and exit only. 4. Loading Dock Contractor and Delivery use only. 3 All Tenant and Visitor entry doors are open as follows: Monday through Friday Saturdays 7:00 a.m. until 6:00 p.m. 8:00 a.m. until 1:00 p.m. The Loading Dock entrance is open during the following times: Monday through Friday 7:00 a.m. until 6:00 p.m. For after-hours access, please refer to the After-Hours Access section of Security Procedures. SECURITY PROCEDURES The Security Desk in One Overton Park is staffed 24 hours a day, 7 days a week in order to provide assistance to Tenants and Visitors to the Building and to respond to emergencies within the Building. After-hours access control at One Overton Park is provided through an integrated system of electronic controls, including: a) Card readers and intercoms at key entry doors; b) Automatic monitoring of entrance/exit door status; c) Camera surveillance in the Lobby, Main Lobby and Service Elevators d) Programmable elevator controls limiting floor access; e) Card readers and exit gates at all Parking Garage entrances and exits. ACCESS CARDS Authorized Tenant employees will be issued an access card that can be programmed to allow access to either the Building, Parking Garage or both. Prior to moving in, each Tenant is asked to submit, on an Access Card Request Form, a list of Tenant employees and the authorization level requested for each individual. A sample Access Card Request Form is provided in Section IV of this manual. The same access card is used for both Parking and Building access, so both access levels should be requested at the same time. Subsequent requests for adding or deleting employees, or re-assigning cards should be made on an Access Card Request Form. 4 While there is no charge for a Tenant's initial order or to re-assign an existing card, there will be a $10.00 charge to replace a lost or damaged card. Tenants should make it a policy to recover cards from former employees so that the cards can be re-used and re-assigned at no charge. Individuals who do not have their access card will not be admitted remotely from the security desk. Those who do not have a valid card (for whatever reason, whether they forgot it, lost it or were never issued one) will be advised to proceed to the Visitor Parking section and charged accordingly. This policy will reduce the likelihood of an unauthorized access and will encourage legitimate cardholders to use their cards, thus providing you and us a record of each use. After-Hours Access Procedures 1. 2. Authorized Tenant employees must: a) Enter the Building using your access card. b) Sign in at the Security Desk. This enables Security to know who is in the Building in case of an emergency. c) Proceed to the elevator. All elevators are equipped with card readers inside the cabs for after hours access control d) Insert your Access Card into the Elevator card reader and press the floor desired. Your access card will work only for your floor. To facilitate after hours access for visitors, guests, clients, deliveries, contractors, etc., Tenants expecting an after hours visitor should preauthorize access for the individual(s) by dropping a letter off at the Management Office granting authorization for the individual(s) to be admitted into the Building. When authorizing after hours access, please include the following information: a) Name(s) of the individual(s) expected; b) Name of the firm; c) Date and expected time of arrival; d) The authorization must be signed by a representative of the Tenant's firm. 5 Visitors must: a) Use the intercom to request access to the Building. The Security Officer on duty can remotely unlock the doors. b) Sign in at the Security Desk and present identification. Security Officer will then either: The 1. Verify pre-authorized access from the Tenant, or 2. Call the Tenant Contact to gain authorization. Each Tenant must provide the home telephone number(s) of key contact personnel for emergency use only. If Tenant Authorization cannot be obtained, the Visitor will be advised accordingly and access will be denied. 3. Upon verification of authorization, Security will unlock the appropriate elevator controls for use by the Visitor. Security personnel are available to provide access to the Building only. Access to an individual Tenant suite must be provided by the Tenant. PARKING GARAGE Hours of Operation The Parking Garage is open to authorized Tenants at all times (except when temporarily closed for repairs or other maintenance). Tenant Parking All Tenant spaces are issued on an unassigned basis. Entry to Tenant Parking areas is accomplished through use of an access card. Visitor Parking, at normal hourly rates, is available to employees who do not have their access card, regardless of the reason. Since the same access card is used for both Parking and after hours Building access, Parking access card requests should be submitted on an Access Card Request Form to the Property Management Office (same as for Building access card requests). A sample Access Card Request Form is provided in Section IV of this manual. Additional forms are available through the Property Management Office. 6 A completed Access Card Request Form must be received before the card can be programmed. Access cards will be programmed within 48 hours of receipt of the completed form. Vehicles left overnight in the garage without prior notification to the Management Office will be towed at the vehicle owner's expense. It is very important that all vehicles be registered with the Parking Office so that we may attempt to notify the vehicle owner or Tenant prior to towing. This procedure will reduce the likelihood of a vehicle being abandoned or left in the garage for a purpose other than daily use. Tenants requesting parking permits in excess of their lease allocation will be accommodated on the following basis: a) Excess permits will only be issued on a temporary basis and are subject to recall; b) Each temporary parking permit issued in excess of the lease allocation will cost thirty-five dollars ($35.00) per month. Charges for permits in excess of your lease allotment will be reflected in a monthly parking bill. This policy is intended to allow all tenants a reasonable number of additional free parking permits without significantly affecting space availability. It is also intended to discourage the issuance of access cards to individuals who have only an occasional need to access the garage (i.e. those whose primary place of employment is not in the building). Visitor Parking The Visitor Parking entrance is located on the West side of the garage, Entrance to the Visitor Parking area is controlled by a ticket dispenser and gate arm. Visitors exit at the same location by presenting proper payment or a Validation token. Tenants may validate (pay for) their visitor's parking by simply issuing a validation token. Validation Tokens can be ordered through the Management Office and will be billed back to the Tenant monthy. 7 Parking Rules and Regulations 1. Employees of Tenants at One Overton Park are authorized to park in the Parking Garage subject to the Tenant's allocation of Parking Permits in the Lease. 2. Tenants must use their access card to gain entry into the garage. Individuals who lose or forget their cards will be referred to the Visitor Parking section and charged accordingly. 3. Only one vehicle may be parked by a permit holder on the premises at any one time. 4. Parking cards are non-transferable except with the consent of the Property Management Office. Transfer requests should be submitted on an Access Card Request Form. 5. Tenants will be billed monthly for visitor validations, reserved parking spaces or excess permits. Parking charges are due and payable within ten (10) days from receipt of the invoice. Non-payment of parking charges may result in a default under the Lease and may result in the revocation of parking privileges. 6. A replacement fee of $10.00 will be charged for lost or damaged access cards. 7. All vehicles should be locked when parked in the Parking Garage. 8. For the safety of pedestrians and as a courtesy to other drivers, the speed limit in the garage is 5 MPH. 9. Drivers shall at all times abide by the directional graphics in the Garage and shall park only between the lines designating each parking space. 10. No parking is allowed along any of the roadways or driveways serving the Project. 11. Overnight parking, without prior notification to and consent of the Management Office, is prohibited. Vehicles left overnight must be parked on either level P-1 or P-2 of the Parking Garage. 12. Various areas within the Parking Garage are designated as Reserved, Tenant, Oversized Vehicle or Visitor Parking. Tenants must have special authorization from the Property Management Office to park in the Reserved Parking area. The Oversized Vehicle area is reserved for vehicles with a height of at least six foot, eight inches (6' 8") and longer than eighteen feet, six inches (18’ 6”). 13. Unauthorized or improperly parked vehicles may be towed at the vehicle owner's expense. 8 14. Handicapped parking spaces are mandated by law and frequently patrolled by Cobb County Police. Landlord cannot take responsibility for cars parked without the appropriate authorization. Permits are obtained through any driver’s licensing facility. Landlord, or Landlord's agents, shall not be responsible for any losses due to theft, collision, or any other damage done to vehicles either in the Parking Garage or anywhere else on the Overton grounds. Landlord reserves the right to modify the above rules and regulations and to make such other and further rules and regulations, as in its reasonable judgement shall from time to time be required for the safety, protection, care and cleanliness of the Garage, the operation thereof and for the protection and convenience of tenants, their agents, employees and invitees. ELEVATORS One Overton Park has eleven (11) elevators serving the following areas: Passenger Cabs Six (6) serving floors 1-15 Three (3) serving the Parking Garage floors One (1) serving floors CC-1 Service Elevators One (1) serving all Tower floors Dimensions: Service Elevator Door Opening: Cab Dimension: (Levels CC-15) 48" W x 106" H 79" W x 63" D x 144" H Elevators Hours of Operation Passenger (Tower) 7:00 a.m. - 6:00 p.m. Monday - Friday After hours and on weekends, one (1) cab in each bank will be operational. NOTE: An access card will be required for after-hours elevator use in the Tower. Passenger (Garage) 7:00 a.m. - 6:00 p.m. Monday - Friday After hours and on weekends at least one (1) Garage cab will be operational at all times. Service Elevators 7:00 a.m. - 6:00 p.m. Monday - Friday After hours use must be scheduled in advance through the Property Management Office. 9 Each elevator is equipped with an intercom that is monitored by Security personnel. Please notify Security immediately if at any time the elevator stops or does not function properly. DO NOT at any time attempt to pry the doors open or attempt to exit an elevator that has not completely leveled and stopped. DELIVERIES All deliveries requiring the use of a dolly, hand truck or other transporting equipment must be made through the Loading Dock and Service Elevators. No carts, dollies or hand trucks are allowed in the Building lobbies or on passenger elevators. Routine deliveries may be made Monday through Friday from 7:00 a.m. to 6:00 p.m. Delivery vehicles may park in the Loading Dock for no more than 45 minutes during business hours. Delivery vehicles may be required to leave the keys in the vehicle to facilitate loading dock traffic. All after hours deliveries and deliveries requiring more than 45 minutes must be scheduled at least 48 hours in advance through the Property Management Office. Tenant move-ins, move-outs or large furniture deliveries and pick-ups must be performed in accordance with the Tenant Move-In Rules and Regulations (Provided in Section III C). Moves and large deliveries will be scheduled to occur after hours or on weekends and must be scheduled through the Property Management Office to ensure service elevator access. MAINTENANCE SERVICES Routine services provided at no additional cost to Tenants by Building personnel include: Adjusting temperature controls Light bulb replacement for Building Standard bulbs. Replacement of non- standard bulbs can be provided if the Tenant maintains a supply of the bulbs Restroom repairs and servicing Minor ceiling tile replacement. (There may be a charge to remove and/or replace tiles for telephone repair, etc. depending on the scope of the work) The Property Management Office provides many additional services to Tenants for a nominal charge, namely: After hours heating and air conditioning Directory board listing and Tenant graphics 10 Duplicate keys, cylinders re-keyed/installed, coat hooks, door closers, etc. Remodeling and construction management services Painting Tenant plumbing repairs Please feel free to call the Property Management Office at 678.564.5355 for any of the above services or for assistance regarding other services that may be required. JANITORIAL SERVICES Offices, restrooms, and public areas are cleaned nightly, five (5) times per week, per the Cleaning Specifications noted in the Lease. During business hours, porter and maid service is provided for the restrooms, elevators, elevator lobbies, and general public areas. Please call the Property Management Office if at any time the cleaning within your office is not satisfactory or if additional cleaning services are required. Recycling All One Overton Park Tenants are encouraged to participate in the Project's paper and aluminum recycling program. Please call the Property Management Office at 678.564.5355 for details. KEYS/LOCKS Keys and locks must be ordered through the Property Management Office. Tenants may request duplicate keys, locks changed or additional locks by completing a Key Request Form (see Forms section) and submitting it, with the proper authorization from your firm, to the Property Management Office. The Tenant will then be invoiced for the keys or keying services requested. Certain services provided by outside contractors (i.e. telephone repairs and installation) may require access to Building areas outside the Tenant's lease premises. Keys needed by Tenant contractors may be signed out for temporary use from the Engineering Office in the Basement level of the Building. This must be coordinated in advance through the Property Management Office. Contact the Property Management office at 678.564.5355 if you need assistance. 11 NO SMOKING POLICY In compliance with the Cobb County Clean Indoor Air Ordinance, smoking is prohibited in the public areas of the Building including the lobbies, conservatory, elevators, hallways, sidewalks, restrooms, stairwells, entry ways, garage, etc. The cooperation of all Tenants in observing this policy is greatly appreciated. MAIL SERVICE The mailroom in One Overton Park is located by the entrance to the service elevator on the Lobby Level of the Building. The Post Office will assign each Tenant a mailbox in the mailroom and will issue two (2) keys to your box. Duplicate keys or re-keying of a mailbox can be arranged through the Post Office – Cumberland Mall Branch. Their telephone number is 770.818.9674 Address: Mail should be addressed as follows: Tenant Name One Overton Park, Suite # 3625 Cumberland Blvd. Atlanta, Georgia 30339 The Postal Service provides the following scheduled service: Mail Delivery 2:00 p.m. Monday through Saturday Mail Pick-Up 5:00 p.m. Monday through Fridayg The actual delivery/pick-up time may vary from day to day depending on the volume of mail. Oversized Packages will be placed in a parcel box, with a note in the Tenant's mailbox advising that a package has been delivered. Overnight Delivery boxes are located in the mailroom corridor and are serviced at the times shown on the boxes. Occasionally deliveries arrive after the Tenant's office closes for the day. Neither building personnel nor security will accept after-hours deliveries on behalf of a Tenant. 12 GRAPHICS / DIRECTORY STRIPS Upon moving in, each Tenant is asked to specify the exact listing(s) for their wall plaque and directory strip. Listings on the lobby directory are allocated on a pro-rata basis based upon the square footage leased. Changes to the directory listings or wall plaques can be ordered through the Property Management Office by simply sending a letter specifying the listing(s) requested. TELECOMMUNICATIONS SERVICES One Overton Park telecommunications services include: Voice and Data Communications Local Exchange Service Long Distance Voice Mail Single Source for all Telecommunications Needs Equipment On-Site Installment and Service Personnel Detailed Billing / One Monthly Bill These services are available through an in-house Shared Telecommunications Network operated and serviced by Intermedia Communications Services Company. Their telephone number is 770.395.3777. RENTAL PAYMENTS/INVOICES Monthly rental payments are due in advance on or before the first of each month, in accordance with the Lease Agreement. Upon moving in, all Tenants receive a letter specifying the amount due each month for the balance of the calendar year. This letter is your invoice for the year - you will not receive monthly invoices or statements. Each year, in early December, you will receive a letter specifying the rental due for the upcoming year. Since all Tenants are billed during the year based on forecasted operating expenses, a reconciliation to reflect the previous year's actual operating expenses is performed in March or April. Accordingly, Tenants will receive an invoice (or check) for any shortfall (or overage) in operating expenses paid for the prior year. Invoices for items such as after hours HVAC, metered electricity, keys and other Tenant extra services are sent monthly by the Property Management Office. Payment is due as indicated on the invoice. 13 Payments of Rental, miscellaneous invoices, or Parking charges should be mailed directly to the following address: One Overton Park, LLC P.O. Box 101440 Atlanta, GA 30392-1440 This address is a lock box at our bank. Remitting to any other address will delay the crediting of your payment. Please call the Property Management Office at 678.564.5355 if you have any questions concerning your monthly rental. 14 BUILDING FIRE SAFETY FEATURES One Overton Park contains many fire safety features that in combination provide excellent fire protection. These features can be placed into four (4) categories: Prevention Detection Evacuation Control Prevention Fire resistant materials used in the construction of the Building include: Concrete floors and structural columns. Glass and metal exterior walls. Flame retardant gypsum board with metal studs for interior partitions. Carpet meets all NFPA and County Code standards. Ceilings are fire-resistant mineral fiber suspended on metal supports. Stairwells and core rooms have two-hour fire rating. Building mechanical and electrical functions are located in separate rooms or closets on each floor. The condition of these rooms is closely monitored by Building personnel to that ensure the integrity of these spaces are maintained. While significant safety steps have been employed in the construction of One Overton Park, it is equally important that Tenants and their employees exercise care by not bringing or installing hazardous materials in the Building. Detection The Building fire protection system has a multi-zone fire monitoring and notification panel. In addition to controlling all alarms, detection devices and pull stations, it will alert Building personnel to any alarm or sprinkler discharge and indicate its location. The system will also engage stairwell and elevator shaft pressurization and cause the electronic locks to release on stairwell 15 Detection Continued doors. The public address system will be used to communicate to all or selected floors and to initiate and facilitate full or partial evacuations. Smoke detectors are installed in several locations on each floor including elevator lobbies, mechanical rooms, elevator machine rooms, and electrical closets. Detectors are also located in the discharge ductwork of the air handling units and inside the elevator shafts. Fire alarm pull stations are located next to the stairwell entrances on each floor. Emergency Generators provide back up electrical power for all Life Safety equipment and emergency lighting for Tenant offices and common areas. All devices are connected to the Building Life Safety System. Alarms automatically register at the Security Desk, Fire Command Center, and at an off-site monitoring station staffed 24 hours a day, 7 days a week. Evacuation Fire alarm horns and speakers are located in the ceiling throughout all floors, the main lobby, and Garage. These provide an audible alarm for affected areas and serve as the public address system for the Building in the event of an emergency. The Building contains two emergency stairwells that run the full height of the Building. Stairwell doors employ electronic locks which automatically release upon an alarm. This allows persons in the stairwell to exit onto a refuge floor or to switch stairwells, if necessary, on any given floor. During an alarm, the stairwells are pressurized with fresh air to prevent smoke from entering the stairwell. Elevator shafts are also pressurized with fresh air to prevent smoke from infiltrating other floors. Fire Department telephone jacks are located next to the stairwell entrances on each floor. Permanent Firemen's phones are for use by the Fire Department to communicate directly with the Fire Command Center. In the event of a fire emergency, individuals should go directly to the stairwells. Avoid using the elevators as all elevators are automatically recalled to the Lobby level and reserved for use by the Fire Department. When an alarm is initiated from the Lobby, all elevators will recall to a higher floor. 16 Control Fully automatic sprinkler protection is provided on all floors and in all service areas within the Building and in the Lobby and Garage. The sprinklers are activated by heat build-up in the vicinity of the sprinkler. The discharge at a sprinkler will produce an alarm alerting Building personnel to the location of the discharge. All sprinklers are monitored to prevent tampering or inadvertent disabling. Each floor is equipped with ABC Dry Chemical Fire extinguishers located in the stairwells. These extinguishers may be used on all classes of fire common to office buildings. Fire hose connections for the Fire Department are also located in the stairwells on each floor. All tenant suites must have at least one (1) fire extinguisher within the office. FIRE AND EMERGENCY PROCEDURES Emergency Plan - Overview The purpose of this Emergency Plan is to: Provide Building occupants with an environment which is as safe as possible. Comply with the fire codes of Cobb County and the State of Georgia. Familiarize Building occupants with the fire codes and planned procedures that could be initiated in the event of a fire or other emergency. The contents of this plan are designed as an Operational Guide for the behavior, safety and protection of Building occupants. Scope As outlined on the following pages, this Emergency Plan establishes a sequential plan of response for initially recognizing, identifying and reporting the existence of specific emergency situations threatening the Building and/or its inhabitants and then provides procedures for the safety and protection of personnel and/or property. When implemented and supplemented with appropriate instructions from the Building's Property Manager (or his representatives), this plan becomes an operational tool for effective and responsive action when occupants of the Building are forced to cope with various emergency situations. 17 Tenant Fire Warden Program The successful execution of Emergency Procedures depends upon the degree of confidence, cooperation and coordination mutually achieved by the Tenant Fire Warden and his/her fellow employees on the one hand, and the Property Manager and his/her Building employees on the other. In that regard, each Tenant Fire Warden must manifest an unselfish responsibility toward the common good i.e., the safety of all occupants within the Building. This can be achieved if the appropriate Tenant Executives: Assign responsible personnel to function as Tenant Wardens and Deputy Wardens; Insist that the Wardens read and understand this Emergency Plan and Evacuation Plan in its entirety; Ensure that applicable portions of this Emergency Plan are adequately disseminated to each of their employees; Allow all Wardens and Deputy Wardens to participate in periodic training sessions so they are equipped to perform specialized emergency assignments; Enthusiastically support the overall objectives of the Building's Emergency Procedures. Tenants are encouraged to incorporate specific emergency procedures applicable only to their individual operations (e.g., procedures to safeguard monies, negotiable instruments, original contracts, etc.) Tenant Warden Responsibilities Tenant Wardens are the connecting link between the Property Management Office and the Tenant's employees. As such, they have direct control and responsibility for all decisions relating to the safety of their employees during an emergency. During an emergency, corporate hierarchy should be relegated in favor of allowing the Tenant Warden to effectively take charge (within the bounds of the Emergency Plan). Tenant Wardens are responsible for selecting, identifying and training sufficient Deputy Wardens to effectively perform their emergency duties and responsibilities. 18 The responsibilities of the Fire Warden(s) and their Deputy(s) are: Know the evacuation plans used in an emergency; Know the layout of their floor(s) including the exits and location of fire equipment; Be familiar with the personnel under their control and know if there are any individuals that would require more than ordinary assistance in the event an evacuation is necessary; Communicate Building information, emergency procedures and notices of fire drills and other correspondence to all employees; Tenant Wardens and their Deputies must be knowledgeable about what is not commonplace (i.e., unusual or foreign to the normal environment of their respective company areas) so that for example, in the event of a bomb threat, they will be qualified and instrumental in conducting a search, as well as assisting in the identification of any suspicious items. Due to the key positions they occupy, Tenant Wardens and their Deputies must see that during their absences from the Building, other qualified associates are always familiar with and able to perform their emergency duties. Inform the Property Management Office immediately when there is an addition/deletion to the Disabled Tenant list. Tenant Wardens and their Deputy Wardens should be selected on the basis of two (2) principal criteria: 1. They must be intelligent, alert and resourceful individuals who would be capable of performing in a leadership role during an emergency situation; 2. They must generally work in their respective company areas within the Building rather than having primary duties and responsibilities outside the Building. Each Tenant of the Building appoints the Wardens. If your firm occupies more than one floor, a Warden should be designated for each floor. Those persons or their alternates (Deputy Wardens) must be present at all times while the Building is occupied. These Wardens must be familiar with the Building Evacuation Plans(s), floor layout, and location and use of fire equipment. 19 Reporting Changes in Tenant Wardens and their Deputy Wardens Because the Tenant Wardens are essential in the response to an emergency in the Building and because they are the appointed "connecting link" between the Property Management Office and their respective area(s), communication of emergency instructions and information must never be interrupted due to the transfer or loss of this key individual. Thus, any changes in the employment status and/or replacement of each Tenant Warden or their Deputies must be reported immediately (in writing) to the Property Management Office. Special efforts must also be made to immediately train the replacement Tenant Warden or Deputy in all aspects of the Emergency Plan. The Property Management Office will be happy to assist in any training or re-training necessary. Warden Authority While all Tenant supervisory personnel and employees should have constructive knowledge of the Emergency Plan and Procedures, they must recognize that it is essential for them to voluntarily accept emergency instructions given them by the Tenant Wardens or their Deputies in order to ensure a safe and orderly response to any emergency situation. Tenant Employees' Emergency Duties and Responsibilities All Tenant employees must remain calm, attentive, responsible and quiet so they are able to hear all pertinent emergency instructions and orders. By remaining calm, the employees will not add confusion or dangerous panic to the emergency procedures initiated for their personal safety. Testing of the Building's Emergency Systems and Procedures Various aspects of the Building's Emergency Systems and Procedures will be tested on a deliberate, systematic and periodic basis in accordance with the instructions from the Property Manager and/or the Cobb County Fire Department. Tenant Wardens are responsible for seeing that all Tenant employees participate in periodic fire drills as notified by the Property Management Office. 20 Conduct with the News Media Experience has proven that the company that makes the headlines frequently becomes the target for prank callers. For the protection and safety of all occupants of the Building, Tenant employees are requested to refer news media inquiries to their respective company's public relations representative or to the Property Manager. Emergency Personnel - Summary Safety Director (Property Manager) Primary responsibility is to coordinate and implement an effective evacuation of the Building's occupants in case of a serious fire or other situations that might require evacuation. Further responsibilities include the preparation, monitoring and implementation (with the approval and assistance of the Cobb County Fire Department) of a training program for Emergency Personnel, fire plan(s) of action and related records. Assistant Safety Directors (Assistant Property Manager and Chief Engineer) Responsible for the effective implementation of the Fire Evacuation Plan and actions taken by the Building's Emergency Assistance team prior to the arrival of the Cobb County Fire Department. The Assistant Safety Directors will assist the responsible Fire Department Supervisor in briefing as to seriousness, location and type of fire and explain actions taken prior to the arrival of the Fire Department. Tenant Wardens (Assigned by Tenant) Responsible for implementing evacuation of their space upon notification from the Building Fire Alarm System, Building Personnel or Fire Department Personnel. Deputy Wardens Responsible for assisting the Tenant Fire Warden and performing as the Fire Warden in his/her absence. Emergency Assistance Team The Emergency Assistance Team is comprised of all Building Engineering and Security personnel. Their responsibilities are preliminary fire fighting procedures and implementing emergency plans as directed by the Safety Director or Assistant Safety Director in charge. 21 ONE OVERTON PARK HINES INTERESTS LIMITED PARTNERSHIP EMERGENCY PERSONNEL ORGANIZATIONAL CHART SAFETY DIRECTOR Senior Property Manager ASSISTANT SAFETY DIRECTORS Property Manager(s) Chief Engineer EMERGENCY ASSISTANCE TEAM Building Engineers Building Security Personnel TENANT WARDENS Appointed by Tenants on each Floor DEPUTY TENANT WARDENS Appointed by Tenants on each Floor EVACUATION SUPERVISOR (After normal hours) Operating Engineer or Security Officer on Duty 22 FIRE PROCEDURES FOR TENANTS One Overton Park is fully sprinklered with numerous fire detection and alarm devices throughout the Building. Upon activation of an alarm, the Building Fire Alarm System will produce an audible alarm on the floor of the alarm, the floor above and the floor below. If a fire is discovered, however, do NOT wait for an alarm to sound. IMMEDIATELY: 1. Pull the Fire Alarm Box. Pull stations are located in the corridors next to each stairwell entrance. 2. Call 911 (Cobb County Fire Department). information: Relay the following the EXACT location of the fire what is burning (electrical equipment or wiring, liquids, paper or wood furnishings, etc.) the severity of the fire your name your telephone number your location. 3. Call the Property Management Office at 678.564.5355 and relay the above information. After business hours this phone will ring at the Security Desk. 4. Notify your Floor Warden(s). All employees should know who their warden(s) is (are). 5. Floor Wardens should begin evacuation. If the fire is small enough to be controlled by a fire extinguisher, use the handheld chemical fire extinguishers located within your space and in the stairwells. Do NOT attempt to control the fire if it poses a threat to your safety. If possible, close the door(s) to the room. This may help contain the fire. 23 Fire Procedures for Tenants Continued If you hear an alarm: 1. Stay Calm 2. Prepare to evacuate if necessaty- know where the nearest exits are 3. Follow instruntions from your Floor Warden or given over the Building Public Address System. 4. If the order to evacuate is given, use the stairs. Go down four (4) floors. If you need assistance, await help in the stairwell. 5. If smoke is present, stay low. The best air is near the floor. 6. Do NOT use the elevators. The elevators will automatically return to its base level. 7. Do NOT return to your workspace until the Fire Department or Building Personnel advise you that it is safe to do so. If you are outside the Building during a fire, stay far enough away to avoid possible falling glass or smoke inhalation. EVACUATION PLAN AND PROCEDURES When evacuation is necessary as a result of the sounding of the Building Fire Alarm System or the Property Manager or Fire Department has given an order for evacuation, the following steps should be taken: Go down four (4) floors and exit onto the appropriate refuge floor. Remove high-heeled shoes to facilitate walking down stairs. Take essential personal belongings, as re-entry will not be allowed during the emergency. Do not use the elevators. Elevators are to be used only by Fire Department personnel. Remain quiet during the evacuation in order to hear and understand all emergency instructions. 24 Await further instructions before returning to the office. Proceed immediately in an orderly fashion to the nearest stairwell as directed by your Warden. The Tenant Warden or his Deputy should direct all personnel as to when and where to evacuate. The Warden or Deputy should remain behind to make sure all personnel have left the area. Important: Identify and give priority to the evacuation of nervous, emotional, ill and/or handicapped personnel. Two-man teams should assist the disabled to the service elevator lobby and standby to be evacuated by the Fire Department via the service elevators; Take flashlights or other portable lights in case of an electrical power failure; Take the company first-aid kit if it is readily available and not too heavy; Properly secure and safeguard special company records, (i.e., documents, original contracts, negotiable instruments, etc. and lock the appropriate files, vaults, closets, desks, etc.); Unplug appropriate electrical equipment and machines, hot plates, coffee makers, etc.; Check for any remaining employees and visitors, turn off lights, and close office doors but do NOT lock if the office is involved in the fire; Have a pre-determined rendezvous point or employee's meeting place for communication of emergency and/or re-entry information by the Property Management Office. 25 Evacuation Plan and Procedures Continued When the evacuation is completed, assemble and account for all personnel. Total number of employees moved or evacuated: Total number of visitors moved or evacuated: Total number of personnel missing: Names of missing persons: For future reference by the Property Management Office, write a brief report covering your actions and response to the emergency including any special problems or incidents that you encountered and submit it as soon as possible to the Property Management Office. Important - If you determine that your employees and visitors are in imminent danger and you can not reach the Property Management Office in a reasonable length of time, you may determine it prudent to exercise your independent judgement and move or evacuate your personnel without being given specific routes to follow. Remember - Tenant contacts, Wardens and their assistants must continuously demonstrate by what they say and do that they are capable of leading their employees and visitors to safety. Their lives and safety may depend on you. 26 MEDICAL EMERGENCIES If there is a Medical Emergency within your office or observed by you: 1. Call 911 to request an ambulance. 2. Call the Property Management Office at 678.564.5355 giving the following information: Nature of the Medical Emergency Exact location and name of the sick or injured person Whether an ambulance or Doctor has been notified; If not, the Property Management Office will contact 911 and make ready their entrance into the Building, if necessary. 3. If the sick or injured person requests you to call their doctor, please do so and notify the Management Office so assistance can be given to the doctor when entering the Building. 4. Assign someone to stand by on the floor where the sick or injured person is located to meet the doctor and/or ambulance attendants at the elevator and guide them to the sick or injured person. 5. If the sick or injured person is to be sent to a hospital, try to send a friend or fellow employee along to comfort the person and help him/her at the hospital until a relative arrives. Following the conclusion of the Medical Emergency: 1. Consult with fellow employees and determine if they encountered any special problems or incidents during the performance of their emergency duties. 1. For future reference by the Property Management Office, prepare a brief written report of your efforts and actions in response to the emergency including any special problems or incidents you encountered and submit the Tenant report to the Property Management Office as soon as possible. 2. Retain copies of your report for future reference by you, your employer and/or any company executives. 27 BOMB THREATS - STANDARD OPERATING PROCEDURES While the vast majority of bomb threats are indeed false alarms meant only to disturb or disrupt the normal work of a person or company, at no time should any call be regarded as just another false alarm. When such a call is received: 1. Keep the caller on the line as long as possible. Ask the caller to repeat the message. 2. Obtain as much information from the caller as possible. Location of the bomb Type of bomb Time of detonation Outside appearance or description of bomb Reason for planting the bomb Transfer the information taken onto a Bomb Threat Report Form. A sample form is provided in the back of this section. 3. Tell the caller the Building is occupied and that the bomb might cause the death of innocent people. 4. Listen for background noises that might help in determining where the call was made. 5. At the conclusion of the call, call the police. Dial 911. 6. Then call the Property Management Office giving as much of the following information as possible: Your name Your location and telephone number Name of the initial recipient of the threat Name of anyone listening to the call 28 Bomb Threat - Standard Operating Procedures Continued Name of any employee threatened by the caller Normal work location of any threatened employee Time the bomb is supposed to explode Exact location where the bomb is supposed to be Outside appearance of the suspected bomb package Reason given for planting the bomb After business hours, the telephone will ring at the Security Desk. Security Personnel will then contact the Property Manager and other appropriate parties. 7. Notify your supervisor about the bomb threat call. 8. Have all written records or notes of the bomb threat call available for the Police and/or Property Manager to analyze. Important - Open telephone lines are essential to effectively control this emergency so please make only necessary telephone calls. The decision whether to evacuate is the responsibility of the senior officer at the Tenant firm. If evacuation is necessary, contact the Property Management Office to advise of the evacuation plan to be used. Important - If you determine that your employees and visitors are in imminent danger and you cannot reach the Property Management Office by telephone in a reasonable length of time, you may determine it prudent to exercise your independent judgement and move or evacuate your personnel without being given specific routes to follow. Identify and give priority to the movement or evacuation of nervous, emotional, ill and/or handicapped personnel. If you evacuate, establish and announce a rendezvous point or employees' meeting place for personnel safety and control, communication of emergency and re-entry information and roll call. 29 Bomb Threat - Standard Operating Procedures Continued Following the conclusion of the bomb threat call emergency: Ask your employees if they encountered any special problems or incidents while performing their emergency duties. If so, tell them to prepare brief written reports as quickly as possible and give them to you for prompt submission to the Property Management Office. As soon as possible, prepare a brief written report of your effort and actions in response to the bomb threat call emergency including any special problems or incidents that you experienced. Promptly submit copies of reports about the emergency to the Property Management Office. Retain necessary copies of these reports for future reference by you, your employer and/or any other company executives. Suspected Bomb - Safety Precautions The safety precautions enumerated below are designed to acquaint you with the dangers inherent in the search, discovery, and handling of suspected bombs upon either notification of a bomb or if you have other reason to be suspect. While some of the following safety precautions may seem elementary, do not dismiss them as unimportant nor take them for granted because adequate knowledge of these precautionary provisions may save your life and the lives of others in the building. Do not use radio equipment to transmit messages Do not move light switches Do not smoke Do not accept the contents of any container as bona fide simply because it was delivered by routine means Do not accept container markings and/or appearance as sole evidence of the contents, identification and legitimacy Do not touch, shake, shock or jar a suspected bomb Do not cover a suspected bomb 30 Suspected Bomb - Safety Precautions Continued Do not carry a suspected bomb Do not assume that a suspected bomb is of a specific type (high explosive or incendiary) Do not open any suspicious container or object Do not cut a string, cord or wire or wrapper on a suspicious container or object Do not move the latch or hook on the cover of a suspicious container or object Do not raise or remove the cover of a suspicious container or object Do not change the position of a suspicious container or bottle Do not place a suspicious container or object into water 31 BOMB THREAT REPORT FORM INSTRUCTIONS: Be calm. Be courteous. Listen; do not interrupt the caller. Supervisor/Security Officer by a predetermined signal while caller is on line. Date ________________________ Notify your Time _______________________________ Exact words of person placing call: QUESTIONS TO ASK: 1. When is bomb going to explode? 2. Where is the bomb right now? 3. What kind of bomb is it? 4. What does it look like? 5. Why did you place the bomb? TRY TO DETERMINE THE FOLLOWING (Circle as appropriate) Caller's Identity: Voice: Male Female Loud Soft Accent: Local Not local Speech: Fast Slow Language: Excellent Good Manner: Calm Background Noise: Poor Rational Age _____ years Raspy Stutter Foul Intoxicated Other ___________ Irrational Nasal Slurred Lisp Other Coherent Incoherent Deliberate Emotional Intoxicated Factory machines Voices Pleasant Region ___________________________ Distorted Fair Laughing Quiet Deep Foreign Distinct Office machines Music Juvenile High Pitch Angry Righteous Adult Mixed Bedlam Airplanes Trains Trains Street traffic Animals Party atmosphere ADDITIONAL INFORMATION: ACTION TO TAKE IMMEDIATELY AFTER CALL: Notify your supervisor/security officer as instructed. Talk to no one other than as instructed by your supervisor/security officer. ______________________________ Receiving Telephone Number ______________________________ Person Receiving Call 32 Elevator Emergencies If you are in an elevator which stops between floors or if the doors will not open, do NOT attempt to force the doors open. Push the emergency alarm button. It will ring automatically at the Security Desk. A Security Officer will immediately respond and will summon elevator personnel to assist you. The elevators are equipped with numerous safety devices that prohibit them from falling under emergency conditions. Under no circumstances should you attempt to exit a car except through the doors that have opened level with a floor. Do NOT attempt to climb out and jump to a floor below should the doors open between floors. In the event of a power interruption to the Building, the elevators will automatically be lowered to the ground level one at a time and the doors will open. Please report all elevator incidents, however minor, to Security. Power Failure One Overton Park is equipped with a standby emergency generator which will power key Building systems during a power outage. These systems include all alarm and life safety systems, limited emergency lighting on each floor and one elevator. All elevators will be automatically lowered to lobby level and the doors will open. In the event of a power outage, the Property Management Office will attempt to communicate to all Tenants regarding the nature and extent of the problem via either the telephone and/or the Public Address System. The Management Staff will contact the electric utility provider to report the outage. The exact duration of the power outage may not be known to the Management Staff as power lines may have been severed, requiring the attention of the electric utility provider. If directions from electric utility company indicate that power will not be restored in a reasonable period of time, this will be communicated via the public address system. If an outage is of short duration, it should cause little concern. If it is of longer duration however, you may desire to leave the Building. If so, you should use one of the stairways. 33 Severe Weather The U.S. Weather Service reports the movement of severe weather that may present a threat to the metropolitan area. In general there are two (2) types of unusual weather conditions which may occur in our area: Severe Thunderstorms and Tornadoes. The greatest danger in these situations will be flying glass and objects; therefore, Tenants are encouraged to locate refuge areas offering the least amount of exposure to exterior window glass. The following guidelines should be used in the event of such an occurrence. Note: Public warning of severe weather will come over the radio, television, or five minute safety blasts of sirens by the Municipal Defense warning system. Tenant Responsibilities: If informed by the U.S, Weather Service that severe weather is imminent, all occupants, if necessary should: Clear desks, tables and window sills of books, papers, or other items and secure them in boxes or drawers. Move easily movable furniture away from windows. Store all easily movable office equipment in interior offices. Tenant Emergency Response Team Members should: Move all occupants to the core areas of the Building (corridors, elevator lobbies). As you move, close doors of room with windows behind you. Be sure the door to your suite is closed tightly but not locked. Stairwells are safe and can be used in a severe weather evacuation. If possible, move to the lowest level for shelter. Do not use elevators. Do not go to the Main Lobby. Advise others to stay calm. Individuals trapped in exterior offices with windows should take cover underneath desks or tables. After severe weather, notify the Management Office of all leaks, fires, and any structural or other damage during or after the storm. Management Staff Responsibilities Alert the Security Staff, Engineering Staff and Tenant Emergency Response Teams for possible action. Maintain communication with public utilities as appropriate. Monitor local news & weather reports. Check the readiness of auxiliary power. Secure or move unattached Building items indoors. After severe weather, execute Building repairs as quickly as possible. 34 Prevention/Preparation Fire Prevention Tips: Handle cigarettes and cigars responsibly. Make sure they are fully extinguished before disposal. Unplug electrical appliances such as coffee pots when not in use and at the close of business each day. Turn off power to office equipment such as computers and calculators at the close of business. Adhesives, cleaning fluids, and any other possible flammable liquids must be stored properly. Eliminate extension cords where possible. Adequately meet any ventilation requirements of specialized office equipment. Where applicable, keep electrical closets within your suite locked. Do not use space heaters or other portable electrical heating and cooling devices. Crime Prevention Message: Preventative measures against office thefts, burglaries after-hours and crimes against persons can best be achieved through the individual efforts of each occupant of the Building. To minimize incidents, it is important that you establish and routinely monitor intro-company policies as they pertain to loss prevention. We request that these policies be circulated among all employees and that everyone be made aware of the importance of helping to insure a safe and secure work environment. Please make sure that your co-workers are aware that the Management Staff does not provide security services to any individual Tenant suite. Rather, contracts for guard services are on behalf of the Building owner and are for the protection of their interests in common areas only. It is up to the individual companies to discuss with their employees simple guidelines such as securing laptops at all time and keeping suite entrances attended. The Management Staff is available to assist you in providing this training. Common Safety Tips Everyone Should Know: Keep your purse, wallet, keys, or other valuable items with you at all times or locked in a drawer or closet. Always let someone know where you’ll be, whether it’s working late, going to the copier room or mail room, going out to lunch or to a meeting. Challenge strangers who enter your work area. Call a supervisor or security for help. Be Discreet. Don’t advertise your social life or vacation plans or those of your co-workers to people visiting or calling your place or work. 35 Common Safety Tips Continued Think about what’s on a piece of paper before you toss it in the trash. If it’s sensitive information tear it up or use a shredder. If you bring personal items to work such as a laptop, radio, or calculator, mark them with your name or initials and identification number. Protect identification Badges, office keys, and computer codes as you would your own credit cards and keys. Use a password system on your computer to prohibit unauthorized users from accessing your computer. Avoid using personal information such as a birth date or your initials for your password, and change your password frequently. Don’t send confidential information over your e-mail system. Preparation for Severe Weather Flashlights Fresh batteries First aid kits to treat minor injuries Portable radios Portable water source 36 BUILDING RULES AND REGULATIONS The following rules and regulations have been developed for the safety and comfort of all Tenants at One Overton Park. 1. Sidewalks, doorways, vestibules, halls, stairways and other similar areas shall not be used for the disposal of trash, be obstructed by Tenant or be used by Tenant for any purpose other than entrance and exit to and from the leased premises and for going from one part of the Building to another part of the Building. 2. Plumbing fixtures shall be used only for the purposes for which they are designed and no sweepings, rubbish, rags or other unsuitable materials shall be disposed therein. Tenant shall be responsible for any costs to repair damage resulting from Tenant's misuse of such fixtures. 3. Signs, advertisements, graphics, or notices visible in or from public corridors or from outside the Building shall be subject to Landlord's prior written consent. 4. Tenant will not make any alterations or physical additions in or to the leased premises without first obtaining the written consent of Landlord, except as otherwise permitted in the Lease. Such alterations include, but are not limited to, any communication equipment, electrical devices and associated wiring which must meet fire code, and any installations of any nature affecting floors, walls, windows, ceiling, life safety equipment, mechanical equipment or any other physical part of the Building. 5. All locks for doors in Tenant's leased area shall be Building Standard except as otherwise permitted in the Lease and Tenant shall not place any additional lock or locks on any door in its leased area without Landlord's written consent except as otherwise permitted in the Lease. All requests for duplicate keys must be made through the Property Management office. 6. Movement in or out of the Building of furniture, office equipment, or any other bulky or heavy materials shall be restricted to the use of the service elevators and restricted to such hours as Landlord reasonably designates. Tenant will assume all liability for damage or injury to the Building, equipment or people. Advance written notice of intent to move such items must be made to the Property Management office at least twenty-four (24) hours before the time of such move. 7. All routine deliveries to Tenant's lease premises shall be made through the service elevator. Passenger elevators are to be used only for the movement of persons. 37 Building Rules and Regulations continued All non hand-carried items must be delivered via the appropriate service elevator. Absolutely no carts or dollies are allowed through the main entrances, lobbies or on passenger elevators. Office equipment, computers (excluding laptops), projectors, etc. must be accompanied by an "equipment removal form", "Property Pass" or other express written authorization signed by Tenant's representative on company letterhead. 8. Landlord shall have the authority to prescribe the weight and manner that safes and other heavy equipment are positioned except as otherwise provided in the Lease. 9. Corridor doors shall be kept closed when not in use. 10. Tenant shall cooperate with Landlord's agents and employees in keeping Tenant's leased area neat and clean. Tenant shall not employ any person for the purpose of such cleaning other than the Building's cleaning and maintenance personnel without prior approval by Landlord. 11. All service elevator lobbies are to be kept neat and clean. The disposal of trash or storage of materials in these areas is prohibited. 12. No vending machines of any type shall be allowed in a Tenant's space without the prior written consent of Landlord. 13. No birds or animals shall be brought into or kept in, on or about public or Tenant areas (except seeing eye dogs actively in use be a person declared legally blind in the state of Georgia). 14. Tenant shall not tamper with or attempt to adjust temperature controls in its leased premises. Landlord shall adjust controls as required to maintain the Building Standard temperature. Window blinds should remain down and tilted at a 45-degree angle toward the street to help maintain comfortable room temperatures and conserve energy. 15. Tenant shall comply with all procedures prescribed by Landlord for the security of the Building both during business hours and after hours and on weekends. 16. Tenant shall lock all office doors leading to corridors and turn out all lights at the close of its working day. 17. All requests for overtime air conditioning or heating must be submitted in writing to the Property Management office by 4:00 p.m. on the day desired for weekday requests and by 4:00 p.m. Friday for weekend requests. 38 Building Rules and Regulations continued 18. All Tenant modifications resulting from remodeling on or to the lease premises must conform to the Cobb County Building and Fire Codes and Base Building specifications. Tenant shall obtain prior approval from the Landlord of any such modifications and shall deliver "As Built" plans therefore to the Property Management office upon completion except as otherwise permitted in the Lease. The contractor conducting the renovation is subject to the Contractor Rules and Regulations while performing work in the Building. 19. Tenant shall not make or permit any improper noises in the Building or otherwise interfere in any way with other tenants or their visitors. 20. Landlord shall not be liable or responsible for lost or stolen money, jewelry or other personal property from Tenants' leased area or public areas regardless of whether such loss occurs before, during or after regular business hours. 21. No machinery or any kind other than normal office equipment shall be operated by Tenant in its leased area without the prior written consent of Landlord, nor shall any Tenant use or keep in the Building any flammable or explosive fluid or substance except in accordance with local fire codes and procedures approved by Landlord. 22. Tenant may not place any items on the balconies of the Building without obtaining Landlord's prior written consent. 23. Canvassing, peddling, soliciting and distribution of handbills in the Building are prohibited. Tenant is requested to notify the Property Management office if such activities occur. 24. A "Tenant Contractor Entrance Authorization" form will be required for the following: 25. a. Access to Building mechanical or electrical rooms (e.g., Southern Bell Telephone employee). b. After hours service elevator use. c. After hours Building access by Tenant's contractor. Tenant shall be responsible for contacting the Property Management office to obtain clearance. Tenant and Tenant's contractors are responsible for removal of trash resulting from large deliveries or move-ins. Building facilities shall not be used for dumping. 39 Building Rules and Regulations continued 26. Smoking is not permitted in the restrooms, stairwells, lobbies, elevators, and public corridors or in any other areas where smoking is prohibited by law or local statute. 27. Tenant may not leave or store equipment, supplies, furniture or trash in the common areas outside its leased premises. 28. Portable space heaters are prohibited. 29. Live Christmas trees are prohibited. 30. Tenant shall comply with Building Fire Safety procedures and shall participate in all Fire Safety and Emergency Training and Drills in accordance with Cobb County Fire Codes. Landlord reserves the right to rescind any of these rules and regulations and to make such other and further reasonable rules and regulations as in its judgement shall from time to time be required for the safety, care and cleanliness of the Building, the operation thereof, the preservation of good order therein and the protection and comfort of tenants, their agents, employees and invitees. Such rules and regulations, when made and communicated via written notice thereof, shall be binding upon Tenant as if originally herein prescribed. 40 RULES & REGULATIONS GOVERNING WORK DONE BY GENERAL CONTRACTORS AT OVERTON Owner hereby sets forth the following rules and regulations governing the Work to be done by the General Contractor, its employees and any and all subcontractors employed by the General Contractor, and the General Contractor hereby agrees to comply with these rules and regulations and any changes thereto which may reasonably be made by Owner. General Contractor further agrees to see to it that any and all subcontractors employed by the General Contractor comply with the same. As used herein, the term "Owner" shall refer to Owner as defined in the Contract Document or to Owner's designated agent or representative. 1. Permits: All permits and licenses necessary for the prosecution of the Work shall be secured and paid for by the General Contractor prior to commencement of the Work. It is the responsibility of the General Contractor to forward an original Certificate of Occupancy to Owner prior to the release of any retainage held by Owner. 2. Work Area: Before commencing any of the Work, the General Contractor shall erect construction barriers acceptable to Owner between the area where the General Contractors' Work is being conducted (the "Work Area") and any public areas in the Building and will keep the Work Area closed from public view until completion and occupancy by Tenant. The General Contractor shall perform all construction activities and all storage of materials inside the Work Area. 3. Keys and Locks: The General Contractor shall provide Owner with keys to all locks installed on or in the Work Area. Owner shall be provided access to the Work Area at all times. 4. Common Areas: The General Contractor shall carefully protect all walls, carpets, ceiling tiles, floors, furniture and fixtures in the Building's Common Areas (as defined in the Lease Agreement) or areas open to the public and shall pay for repair or replacement of all damaged property therein (whether caused by General 41 Contractor Rules and Regulations continued Contractor or its agents or subcontractors) upon demand by Owner. The General Contractor will not perform any construction activities or store any materials in any Common Areas or public areas. Alterations to multi-tenant corridors (e.g., door cut-in) shall either be complete within the first week of construction or a visual barrier (approved by Owner) shall be erected at Contractor's expense. 5. Elevators: All construction materials, tools and trash are to be transferred to and from the Work Area via the freight elevator. At no time shall the General Contractor (or its subcontractors or suppliers) use the passenger elevators to move construction personnel, materials, equipment, tools or trash to or from the Work Area without the express prior consent of the Owner. Furthermore, the use of the freight elevator shall be scheduled by the General Contractor with Owner. Any work or hauling of materials or trash on occupied floors shall be conducted so as to leave unobstructed at all times the public corridor, freight elevator vestibule or passenger elevator lobby. Because the freight elevator is the principle means of providing hoisting for service as well as construction activities, the General Contractor must cooperate in resolving any conflicts which may arise from time to time when the General Contractor is required to share the freight elevator with the Building's cleaning crew, other tenants, etc. At no time may the General Contractor or its subcontractors block the freight elevator open. In the event that any damage occurs to the freight elevator or freight elevator lobbies, the General Contractor will bear the total cost of repairs. 6. Water and Electricity During Construction: Sources of water and electricity (in reasonable quantities for lighting, portable power tools, drinking water, water for testing and other such common uses during construction) will be made available to the General Contractor by the Owner without cost to the General Contractor. The General Contractor shall make all connections or furnish any necessary extensions to or from such sources, and shall be responsible for promptly removing same upon completion of the Work. 7. Sanitary Facilities: Sanitary Facilities will be furnished to the General Contractor by Owner. The General Contractor shall use only those facilities specifically provided or designated by the Owner. Charges associated with clean up or damage of any kind shall be the responsibility of the General Contractor. 42 Contractor Rules and Regulations continued 8. Dusty Work: The General Contractor shall notify Owner prior to the commencement of any extremely dusty work (e.g., sheetrock cutting, sanding, extensive brooming, etc.) and Contractor shall arrange for additional filtering capacity on the affected HVAC equipment. Failure to make such prior notification will result in the General Contractor absorbing any costs associated with returning any HVAC equipment damaged by dust to its original condition. 9. Work Approval: Owner must approve all drawings, change orders, subcontractors and materials prior to the start of construction. 10. Disposition of Materials: The General Contractor shall dispose of any and all unused construction materials in the same manner as waste or unwanted material, except as may otherwise be directed by Owner. General Contractor shall not use the building trash compactor. 11. Clean-up: The General Contractor shall at all times on a day-to-day basis keep the Work Area and other areas of the Building or site free from accumulations of waste material, debris or rubbish caused by or incidental to the Work. Upon completion of the Work, the General Contractor shall promptly remove from the Work Area, the Building and the site, all tools, scaffolding, surplus materials, trash and debris, and shall leave the site, the Building and Work Area "broom clean". Any debris, rubbish, materials or equipment left outside the Work Area shall be disposed of by Owner, and the General contractor shall be responsible for promptly reimbursing Owner for the cost thereof. 12. Working Hours: If the Work is being performed after initial occupancy of the Building has occurred, certain operations must be performed outside the hours of 7:00 a.m. to 7:00 p.m. Monday through Friday and 8:00 a.m. to 2:00 p.m. Saturday to prevent the disturbance or interruption of normal business operations. These operations include, but are not limited to: A. B. Drilling or cutting of the concrete floor slab. Drilling or cutting of any concrete structural member. 43 Contractor Rules and Regulations continued C. D. 13. Sanding, chiseling or leveling of the concrete structure. Any work which generates noise or vibration that may be disruptive to normal office procedures elsewhere in the Building. Workman Conduct: No loud or abusive language or actions or the playing of music which can be heard outside the Work Area will be tolerated. It will be the responsibility of the General Contractor to enforce this regulation on a day-to-day basis and/or in response to specific complaints from other tenants or from Owner. 14. Electrical Panel Changes: All additional electrical circuits added to existing electrical panels or any new circuits added to new electrical panels will be appropriately marked as to the area and/or equipment serviced by the circuit(s) in question as provided for in specifications. All electrical panels which have covers removed for any reason (e.g., so as to allow the addition of new circuits) or any new electrical panels that are installed shall be left at the end of each day with all panel covers properly in place and all panel doors securely closed. Under no circumstances will power serving other tenants' premises or other areas of the Building be shut off without the specific advance approval of Owner. 15. Special Elevator Services: Any work or repair that necessitates or involves the following must be scheduled in advance with Owner. A. Access to the top of an elevator cab. B. Utilization of an elevator cab to perform special services. C. Work on or in any elevator cab servicing the Building. Sufficient notice regarding such proposed activities should be given so as to allow Owner to arrange with the Building's elevator installer or service contractor to provide personnel to perform or supervise such activities. Under no circumstances should the General Contractor permit their personnel to utilize the elevator facilities for any purpose other than the approved transport of materials and/or personnel. Tenant and/or the General Contractor will be responsible for any extra costs incurred by the Owner resulting from or in connection with such use of the Building's elevators by the General Contractor (or his employees or subcontractors). 44 Contractor Rules and Regulations Continued 16. Welding/Cutting Torch Use: No welding or cutting torch is to be used in the Building without the prior approval of Owner. If Owner grants such approval, the General Contractor must have a fire extinguisher present in the Work Area at all times when the equipment is being used. Additionally, the General Contractor may be required to perform any such work after-hours because of the fumes which may be associated with such welding/cutting torch usage. 17. Spraying of Varnishes/Lacquer in the Building: No varnishes/lacquers are to be sprayed in the Building without the prior approval of the Owner. Because of their combustible nature, this type of work should normally be done off-site. Anyone found spraying these compounds in or around the Building without the approval of the Owner will be required to cease such work. 18. Draining of Sprinkler Lines: Any work that will involve the draining of a sprinkler line or otherwise affect the Building's sprinkler system must be approved in advance by Owner. In all instances where this is done, the system may not be left inoperable overnight. De-energizing of the fire pump related to drainage of the sprinkler lines will be done only by Owner's personnel. 19. Deliveries: All deliveries and/or pick-ups by the General Contractor or his vendors must be made through the Building loading dock and freight entrance or as otherwise specifically provided by Owner. All delivery vehicles are governed by a fortyfive (45) minute parking limitation. 20. Parking: Construction workers will park only in areas designated by Owner and will be subject to towing if in violation. No validation of construction workers' parking tickets is provided. 45 Contractor Rules and Regulations Continued 21. Posting of Rules and Regulations: A copy of these rules and regulations, acknowledged and accepted by the General Contractor, must be posted on the Job Site in a location clearly visible to all workers. It is the General Contractor's responsibility to instruct his employees and all subcontractors to familiarize themselves with these rules and to enforce compliance with these rules at all times. 22. Fire Alarm System: Should a General Contractor's Work including welding, the use of a cutting torch, or any other activity that might interfere with the fire alarm system wiring or otherwise trigger or affect the fire alarm system, the General Contractor must contact Owner prior to commencing such activity. The General Contractor shall take any and all reasonable steps to prevent accidental triggering of the fire and smoke detection devices within or adjacent to the Work Area. Such steps shall not include disconnecting any such devices, but rather shall involve the installation of dust barriers around smoke detectors, etc. 23. Light Bulbs and Ballasts: The General Contractor is responsible for ensuring that all light fixtures in the Work Area are working properly and are fully lit upon job completion. This includes replacement of bulbs and ballasts as required in light fixtures that are replaced, added or repositioned. 24. Non-Compliance: Non-compliance with these regulations will result in the possible barring of the General Contractor from current or future activities in the Building. Any costs incurred by Owner in cleaning the Building or Work Area or repairing damage resulting from the General Contractor's activities (including the activities of any of the General Contractor's employees or subcontractors) will be billed to the General Contractor or set off against future payments to the General Contractor. 46 TENANT MOVE-IN RULES AND REGULATIONS 1. Landlord and Tenant's representative responsible for coordinating the move shall meet (with Tenant's furniture installation company, delivery company, moving company and related vendors involved in the move if desired) at least four (4) weeks prior to Tenant's scheduled move-in date to coordinate times, establish methods of delivery and reserve use of the loading dock and service elevator for the move. 2. Tenant shall provide Landlord with a certificate of insurance evidencing that satisfactory insurance coverage is carried by Tenant's moving contractor, specifically Statutory Worker's Compensation and a minimum of $4,000,000 Combined Liability. 3. Tenant and Tenant's moving contractor shall ensure that proper care is taken to protect the Building and Tenant's leased premises at all times during the move, including the following measures: 4. a. Protection should be installed the evening prior to the move and removed immediately upon completion. Tenant (or its moving contractor) is responsible for leaving the area in as clean a condition as it was prior to the move. b. Building and Tenant floor coverings must be protected with masonite or plywood along the prescribed route of movement through the Building, as outlined by Landlord. c. The elevator lobbies, Building corridors and doors must be protected with cardboard, plywood or other materials pre-approved by Landlord. d. The elevator and entrance doorframes must be protected with 2' x 4' boards at 90-degree angles taped to said doorframes. e. The elevator cab walls and flooring must be protected with masonite, plywood or soft pads. f. The movement of materials, furniture, equipment, etc. is limited only to those corridors, stairwells, elevators and service areas designated by Landlord. A pre-move walk-through by Landlord, Tenant's move coordinator and Tenant's moving contractor will be conducted before the commencement of the move to inspect common areas and corridors and to ensure areas to be used for transporting items are protected and padded according to Building regulations. After completion of the move, Landlord, Tenant's move coordinator and Tenant's moving contractor will conduct a post-move walk-through to determine 47 Move-In Rules and Regulations continued any damage to the Building caused by the move. The Tenant shall be responsible for any costs to repair damage resulting from the move, plus a fifteen percent (15%) fee to Landlord for coordinating the repair work. 5. Should Landlord act as construction manager, the Premises will be cleaned prior to the move in accordance with the cleaning specifications set forth in the Lease (exclusive of extraordinary cleaning required due to leasehold improvements construction work). Normal cleaning services will commence on the next scheduled business day. Tenant's moving contractor shall be responsible for the removal of all boxes, packing materials and other moving related debris from the Building. Tenant's moving contractor shall not use Building facilities for waste disposal. 6. It is the Tenant's responsibility to notify Landlord of items to be moved which are unusually large or heavy (in excess of 1,500 pounds) or which may require review by Landlord. Dimensions and weight may prohibit the safe transport and placement within acceptable structural guidelines. Any large items that cannot be placed in the service elevator will require special hoisting arrangements that must be coordinated through Landlord. Tenant's moving contractor should include in the bid price to the Tenant any additional charges required for extra services which may need to be provided by the elevator contractor to hoist large items. 7. Building Security will be notified as to the move-in schedule and will monitor the progress of the move to ensure that the move-in procedures are followed and that the Building and other tenants are not adversely affected by the move. Any changes in the move-in schedule must be reported to Landlord or Landlord's representative immediately. Tenant shall provide the name and telephone number of Tenant's move coordinator and the moving contractor supervisor for use by Landlord or Building Security in the event of an emergency. 8. The Tenant shall be responsible for admitting Tenant's moving contractor into Tenant's leased premises and for ensuring that all suite entry doors are locked after the move. Tenant's moving contractor should at all times be supervised by the Tenant move coordinator or other representative of Tenant's company. 9. Landlord reserves the right to modify from time to time any of these rules and regulations and to establish such additional reasonable rules and regulations as in its judgement shall be required for the safety, protection, care and cleanliness of the Building, the operation thereof, the preservation of good order therein or the protection and comfort of the other tenants of the Building and their agents, employees and invitees. 48 III. SAMPLE FORMS A. Overtime Heating/Air Conditioning Request B. Access Card Request/Vehicle Registration C. Key Request D. Property Removal Form E. Tenant Contractor Entrance Authorization F. Fire Warden Contact Information G. Tenant Contact Information H. Trash Removal Sign 49