Common use of Commencement Date Clause in Contracts

Commencement Date. Upon the Effective Date, the terms and provisions hereof shall be fully binding on Landlord and Tenant prior to the occurrence of the Commencement Date. The Term of this Lease shall commence on that date (the "COMMENCEMENT DATE") which is the earlier to occur of (i) the Effective Date or (ii) the date on which Landlord completes the acquisition of title to the Real Property. Immediately following the close of escrow of Landlord's purchase of the Real Property, Landlord shall advise Tenant in writing of the same. Unless sooner terminated or extended as hereinafter provided, the Term shall end on the "EXPIRATION DATE" specified in Article 1. If Landlord does not tender possession of Block One to Tenant on or before the Scheduled Rent Commencement Date (Block One) or Block Two by the Scheduled Rent Commencement Date (Block Two), for any reason whatsoever, Landlord shall not be liable for any damage thereby, and this Lease shall not be void or voidable thereby. . No failure to tender possession of the applicable portion of the Premises to Tenant on or before the Scheduled Rent Commencement Date (Block One) or the Scheduled Rent Commencement Date (Block Two), as the case may be, shall in any way affect any other obligations of Tenant hereunder, provided, however, that Landlord shall use its commercially reasonable efforts to recover possession of Block Two on May 31, 2000, or as soon thereafter as is reasonably feasible (without any obligation to commence any unlawful detainer proceedings against Chevron Corporation). In addition, Landlord covenants and agrees not to amend the lease with Chevron Corporation in order to grant Chevron Corporation the right to remain in possession of Block Two after May 31, 2000. In addition, if Landlord is unable to tender Block Two to Tenant on or before May 31, 2000, but Landlord has other available units of space within the Building (the "TEMPORARY SPACE"), then Landlord may (if Landlord elects to do so in its sole discretion), make such Temporary Space available for Tenant's use and occupancy for a period not to exceed 60 days. If Tenant elects to occupy such Temporary Space, Tenant shall do so on all of the terms and provisions of this Lease (including those with respect to Rent) for such period as Landlord may specify. Landlord shall tender such Temporary Space in its then As-Is condition and shall have no obligation to ready the space for Tenant's use and occupancy. Once the respective Rent Commencement Dates are determined, Landlord and Tenant shall execute an agreement stating the Commencement Date, Rent Commencement Date (Block One), Rent Commencement Date (Block Two) and Expiration Date, but the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession of the Premises, Tenant shall be deemed to have done so when Tenant first moves Tenant's Property and/or any of its personnel into the Premises, except to the extent that Tenant is authorized in this Lease or by Landlord's agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. \

Commencement Date. Upon the Effective The "Space A Commencement Date, the terms and provisions hereof " shall be fully binding one hundred twenty (120) days after the date possession of Space A (exclusive of the 189 s.f. storage closet which constitutes a portion thereof) is tendered to Tenant, except as may otherwise be provided in Exhibit C, including with regard to delay in Substantial Completion of Tenant's Work due to Landlord Delays (as defined in Exhibit C). If possession of Space A is tendered to Tenant on December 1, 1998, then the Space A Commencement Date shall, subject to Landlord and Delays, be April 1, 1999. The "Space B Commencement Date" shall be one hundred twenty (120) days after the date possession of Space B is tendered to Tenant, except as may otherwise be provided in Exhibit C, including with regard to delay in Substantial Completion of Tenant's Work due to Landlord Delays (as defined in Exhibit C). Occupancy of any portion of the Premises by Tenant prior to the occurrence of the Commencement Date. The Term of this Lease shall commence on that date (the "COMMENCEMENT DATE") which is the earlier to occur of (i) the Effective Date or (ii) the date on which Landlord completes the acquisition of title to the Real Property. Immediately following the close of escrow of Landlord's purchase of the Real Property, Landlord shall advise Tenant in writing of the same. Unless sooner terminated or extended as hereinafter provided, the Term shall end on the "EXPIRATION DATE" specified in Article 1. If Landlord does not tender possession of Block One to Tenant on or before the Scheduled Rent Commencement Date (Block One) or Block Two by the Scheduled Rent Commencement Date (Block Two), for any reason whatsoever, Landlord such portion shall not be liable for any damage therebyat Tenant's sole risk and deemed pursuant to, and this Lease shall not be void or voidable thereby. . No failure to tender possession of the applicable portion of the Premises to Tenant on or before the Scheduled Rent Commencement Date (Block One) or the Scheduled Rent Commencement Date (Block Two)subject to, as the case may be, shall in any way affect any other obligations of Tenant hereunder, provided, however, that Landlord shall use its commercially reasonable efforts to recover possession of Block Two on May 31, 2000, or as soon thereafter as is reasonably feasible (without any obligation to commence any unlawful detainer proceedings against Chevron Corporation). In addition, Landlord covenants and agrees not to amend the lease with Chevron Corporation in order to grant Chevron Corporation the right to remain in possession of Block Two after May 31, 2000. In addition, if Landlord is unable to tender Block Two to Tenant on or before May 31, 2000, but Landlord has other available units of space within the Building (the "TEMPORARY SPACE"), then Landlord may (if Landlord elects to do so in its sole discretion), make such Temporary Space available for Tenant's use and occupancy for a period not to exceed 60 days. If Tenant elects to occupy such Temporary Space, Tenant shall do so on all of the terms and provisions of this Lease (including Lease, except those with respect to involving the payment of Base Rent) for such period as Landlord may specify. Landlord shall tender such Temporary Space in its then As-Is condition , and shall have no obligation to ready the space for Tenant's use Share of Expense Increases and occupancyTax Increases (as such terms are hereinafter defined), except as may otherwise be expressly set forth herein; provided, however, that in no event shall Tenant be entitled to take occupancy thereof prior to the date it receives notice from Landlord that Landlord is ready to tender possession thereof to Tenant. Once Promptly after the respective Rent Space A Commencement Dates are determinedDate, Landlord and Tenant shall hereby agree to execute an agreement stating a Declaration, in the form attached hereto as Exhibit B, to confirm the Space A Commencement Date. Promptly after the Space B Commencement Date, Rent Landlord and Tenant hereby agree to execute a Declaration, in the form attached hereto as Exhibit B, to confirm the Space B Commencement Date. Tenant's failure to execute either Declaration shall not affect either Commencement Date (Block One), Rent Commencement Date (Block Two) and nor the Lease Expiration Date, but as same are determined by the failure to do so will not affect the determination terms of such dates. For purposes of determining whether Tenant has accepted possession of the Premises, Tenant shall be deemed to have done so when Tenant first moves Tenant's Property and/or any of its personnel into the Premises, except to the extent that Tenant is authorized in this Lease or by Landlord's agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. \Lease.

Commencement Date. Upon Notwithstanding anything contained herein to the Effective Datecontrary, the terms Commencement Date as to the Office portion, and provisions hereof the Commencement Date as to the Branch Bank portion of the Premises respectively shall be fully binding on Landlord and Tenant prior deemed to be the occurrence earlier of: (a) the date Tenant, or any person occupying any portion of the Commencement Date. The Term Office portion or the Branch Bank portion of this Lease shall commence on that date the Premises with Tenant's permission, commences business operations from the Premises, or (the "COMMENCEMENT DATE") which is the earlier to occur of (ib) the Effective Date first (1st) business day following the date of Landlord's delivery of the Premises to Tenant upfitted in substantial accordance with the Plans (as hereinafter defined) or (ii) the date on which Landlord completes would have delivered the acquisition of title Premises to Tenant upfitted in substantial accordance with the Real Property. Immediately following Plans but for delays attributable to or caused by Tenant or Tenant's Invitees (as hereinafter defined); such Tenant caused delays including without limitation, delays attributable to Tenant's failure timely to provide the close of escrow of Landlord's purchase of the Real PropertyPlans and any delays actually resulting from change orders requested by Tenant, providing Landlord shall advise give notice to Tenant that such change orders will actually cause delays. Landlord shall act in writing good faith and use diligent efforts to deliver the Premises upfitted in accordance with the Plans (including receipt of the same. Unless sooner terminated or extended as hereinafter provided, the Term shall end on the "EXPIRATION DATE" specified in Article 1. If Landlord does not tender possession a certificate of Block One occupancy) to Tenant on or before June 1, 2000 (the Scheduled Rent "Target Date"). Notwithstanding anything contained herein to the contrary, in no event shall Landlord's completion of the Tenant Improvements be dependent upon, or the Commencement Date (Block One) delayed because of, the installation of any special equipment or Block Two improvements to the Premises to be supplied and installed by the Scheduled Rent Commencement Date (Block Two), for any reason whatsoever, Tenant. However Landlord shall not be liable for any damage thereby, and this Lease shall not be void or voidable thereby. . No failure will allow Tenant access to tender possession of the applicable that portion of the Premises it first intends to occupy four weeks prior to the Commencement Date for installation of its furniture, vault, ATM machine and other equipment, fixtures and to wire and cable its computer and phone system throughout the Premises, but Tenant shall during such installation use reasonable efforts to avoid interfering with any construction on behalf of Landlord that is continuing. Delays as used in this Lease shall include Tenant delays as set forth above, those resulting from causes encompassed within the meaning of the term force majeure, delays encountered by Landlord, despite reasonable and diligent efforts to do so, in obtaining necessary permits for Landlord work from governmental authorities, including but not limited to the City of Raleigh and the Department of Transportation. If Landlord fails to deliver the Premises upfitted in accordance with the Plans, including a certificate of occupancy, on or before the Scheduled Rent Commencement Date (Block One) or the Scheduled Rent Commencement Date (Block Two), as the case may be, shall in any way affect any other obligations of Tenant hereunder, provided, however, that Landlord shall use its commercially reasonable efforts to recover possession of Block Two on May 31August 1, 2000, as such date may be or as soon thereafter as is reasonably feasible (without any obligation to commence any unlawful detainer proceedings against Chevron Corporation). In additionextended by Delays, Landlord covenants and agrees not to amend the lease with Chevron Corporation but in order to grant Chevron Corporation the right to remain in possession of Block Two after May 31, 2000. In addition, if Landlord is unable to tender Block Two to Tenant on or before May 31no event later than September 1, 2000, Tenant may at any time within ten business days after August 1, 2000 if not extended by Delays, or September 1, 2000 if extended, (but not thereafter) by written notice to Landlord has other available units of space within the Building (the "TEMPORARY SPACE")terminate this Lease, then Landlord may (and if Landlord elects to do so in its sole discretion), make such Temporary Space available for Tenant's use and occupancy for a period not to exceed 60 days. If terminated Tenant elects to occupy such Temporary Space, Tenant shall do so on all of the terms and provisions of this Lease (including those with respect to Rent) for such period as Landlord may specify. Landlord shall tender such Temporary Space in its then As-Is condition and shall have no obligation further liability hereunder to ready the space for Tenant's use and occupancy. Once the respective Rent Commencement Dates are determined, Landlord and Tenant shall execute an agreement stating the Commencement Date, Rent Commencement Date (Block One), Rent Commencement Date (Block Two) and Expiration Date, but the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession of the Premises, Tenant shall be deemed to have done so when Tenant first moves Tenant's Property and/or any of its personnel into the Premises, except to the extent that Tenant is authorized in this Lease or by Landlord's agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. \.

Commencement Date. Upon Notwithstanding anything contained herein to the Effective Date----------------- contrary, the terms and provisions hereof Commencement Date shall be fully binding on Landlord and Tenant prior deemed to be the occurrence earlier of: (a) the date Tenant, or any person occupying any portion of the Commencement DatePremises with Tenant's permission, commences business operations from the Premises, or (b) the first (1st) business day following the date of Landlord's delivery of the Premises to Tenant upfitted in accordance with the Plans (as hereinafter defined) or the date upon which Landlord would have delivered the Premises to Tenant upfitted in accordance with the Plans but for Tenant Delays (as hereinafter defined). The Term Landlord shall act in good faith and use diligent efforts to (i) commence the Tenant Improvements (as hereinafter defined) as soon as reasonably practical under the circumstances following the completion of this Lease shall commence the Plans), and (ii) deliver exclusive possession of the Premises to Tenant with Landlord's Work and the Tenant Improvements all Substantially Completed in accordance with the Plans to Tenant on or before that date (the "COMMENCEMENT DATETarget Date") which is the earlier to occur of twelve (i12) the Effective Date or (ii) the date on which Landlord completes the acquisition of title to the Real Property. Immediately full weeks following the close issuance of escrow of Landlord's purchase of the Real Property, Landlord shall advise Tenant in writing of the same. Unless sooner terminated or extended as hereinafter provided, the Term shall end on the "EXPIRATION DATE" specified in Article 1. If Landlord does not tender possession of Block One to Tenant on or before the Scheduled Rent Commencement Date (Block One) or Block Two a building permit by the Scheduled Rent Commencement Date applicable governmental authority for the Tenant Improvements (Block Two), for any reason whatsoever, Landlord shall not be liable for any damage thereby, and this Lease shall not be void or voidable thereby. . No failure agreeing to tender possession of the applicable portion of the Premises to Tenant on or before the Scheduled Rent Commencement Date (Block One) or the Scheduled Rent Commencement Date (Block Two), as the case may be, shall in any way affect any other obligations of Tenant hereunder, provided, however, that Landlord shall use its commercially reasonable diligent efforts to recover possession of Block Two on May 31, 2000, or as soon thereafter as is reasonably feasible (without any obligation to commence any unlawful detainer proceedings against Chevron Corporationobtain a building permit). In addition, Landlord covenants and agrees not Prior to amend the lease with Chevron Corporation in order to grant Chevron Corporation the right to remain in possession of Block Two after May 31, 2000. In addition, if Landlord is unable to tender Block Two to Tenant on or before May 31, 2000, but Landlord has other available units of space within the Building (the "TEMPORARY SPACE"), then Landlord may (if Landlord elects to do so in its sole discretion), make such Temporary Space available for Tenant's use and occupancy for a period not to exceed 60 days. If Tenant elects to occupy such Temporary Space, Tenant shall do so on all of the terms and provisions of this Lease (including those with respect to Rent) for such period as Landlord may specify. Landlord shall tender such Temporary Space in its then As-Is condition and shall have no obligation to ready the space for Tenant's use and occupancy. Once the respective Rent Commencement Dates are determined, Landlord and Tenant shall execute an agreement stating the Commencement Date, Rent Commencement Date (Block One), Rent Commencement Date (Block Two) and Expiration Date, but the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession of the Premises, Tenant the parties shall agree on certain "punchlist" items to be deemed to have done so when Tenant first moves completed after Tenant's Property and/or any of its personnel into occupancy, and Landlord agrees to complete such punchlist items promptly after occupancy but in no event more than sixty (60) days after the Premises, except to the extent that date Tenant is authorized in this Lease or by Landlord's agreement to do any of the foregoing without being deemed to have accepted takes possession of the Premises. \Premises except for delays beyond Landlord's reasonable control.

Commencement Date. Upon 2.4.1 Landlord shall complete the Effective Tenant Improvements in accordance with the Plans and Specifications. Landlord's completion of the Tenant Improvements shall be performed by Landlord's contractors, and the Tenant Improvement Allowance shall be applied against the cost thereof as provided in paragraph 2.5 hereof. Landlord shall notify Tenant in writing of Substantial Completion. If Tenant believes that Substantial Completion has not occurred, Tenant shall notify Landlord in writing of its objections within five (5) Business Days after its receipt of the Landlord's notice described in the preceding sentence. Landlord shall have a reasonable time after its receipt of Tenant's notice in which to take such action as may be necessary to achieve Substantial Completion, and shall notify Tenant in writing when such has been achieved. Taking of possession by Tenant shall establish the Commencement Date as specified in the definition of that term even if Tenant disputes whether Substantial Completion has occurred or attempts to condition or qualify the taking of possession. Taking of possession shall further establish that the Premises are in good and satisfactory condition on the Commencement Date and, except as expressly provided below with respect to latent defects in the Tenant Improvements, any alleged defects or deficiencies are waived by the Tenant except for any incomplete Punch List Work. Tenant shall notify the Landlord in writing within three (3) months after Substantial Completion of the existence of any latent defects pertaining to the Tenant Improvements. If Tenant fails to notify the Landlord of any latent defects pertaining to the Tenant Improvements within such period, Tenant shall be deemed to have waived any rights on account thereof. Tenant acknowledges that no representations as to the condition of the Premises have been made by Landlord, unless such are expressly set forth in this Lease. With the exception of the Tenant Improvements to be made by Landlord, Tenant acknowledges that the Premises shall be delivered AS IS and that no representations as to the condition of the Premises have been made by Landlord. In the event of any dispute as to whether Substantial Completion has occurred, the receipt of a temporary certificate of occupancy shall be conclusive unless a temporary certificate of occupancy is unavailable or delayed due to causes which are Tenant's responsibility. If on the Commencement Date, the terms and provisions hereof shall Punch List Work remains to be fully binding on completed, Landlord and Tenant shall agree on such Punch List Work prior to occupancy by Tenant and Landlord will promptly complete it after the Commencement Date. In no event shall Tenant's refusal or failure to agree on the nature and extent of Punch List Work or the existence of items of Punch List Work delay or postpone the occurrence of the Commencement Date. The Term of this Lease Tenant shall commence on that date (the "COMMENCEMENT DATE") which is the earlier to occur of (i) the Effective Date or (ii) the date on which Landlord completes the acquisition of title make no changes to the Real Property. Immediately following Plans and Specifications or the close of escrow work reflected in the Plans and Specifications without the consent of Landlord's purchase of the Real Property, Landlord shall advise Tenant in writing of the same. Unless sooner terminated or extended as hereinafter provided, the Term shall end on the "EXPIRATION DATE" specified in Article 1. If Landlord does not tender possession of Block One to Tenant on or before the Scheduled Rent Commencement Date (Block One) or Block Two by the Scheduled Rent Commencement Date (Block Two), for any reason whatsoever, Landlord which consent shall not be liable unreasonably withheld. 2.4.2 Tenant shall be permitted entry into the Premises before Substantial Completion for any damage therebythe limited purpose of installing such wiring and cabling in the Premises as are approved by Landlord in accordance with the paragraph entitled "Tenant Alterations". Approved wiring and cabling will be in addition to the Tenant Improvements and shall be governed by the paragraphs entitled "Tenant Alterations" and "Tenants Work Performance." Tenant, its contractors and designees may enter into the Premises for the purposes described in this Lease shall not be void or voidable thereby. . No failure to tender possession subparagraph twenty-eight (28) days in advance of the applicable portion scheduled date for Substantial Completion, but any such entry shall be at the Tenant's risk and subject to all the terms of the Premises to Tenant on or before Lease, except the Scheduled Rent Commencement Date (Block One) or the Scheduled Rent Commencement Date (Block Two), as the case may be, shall in any way affect any other obligations of Tenant hereunder, provided, however, that Landlord shall use its commercially reasonable efforts to recover possession of Block Two on May 31, 2000, or as soon thereafter as is reasonably feasible (without any obligation to commence any unlawful detainer proceedings against Chevron Corporation)pay Base Rent. In addition, Landlord covenants If installation and agrees not to amend work performed during the lease with Chevron Corporation in order to grant Chevron Corporation the right to remain in possession period of Block Two after May 31, 2000. In addition, if Landlord is unable to tender Block Two to Tenant on or before May 31, 2000, but Landlord has other available units of space within the Building (the "TEMPORARY SPACE"), then Landlord may (if Landlord elects to do so in its sole discretion), make such Temporary Space available for Tenant's use and occupancy for a period not to exceed 60 days. If Tenant elects to occupy such Temporary Spaceearly entry delay Substantial Completion or interfere with or damage the Landlord's work, Tenant shall do so on all of be responsible for the terms damage caused Landlord. Further, any such delay in Substantial Completion shall be deemed "Tenant Delay" and provisions of this Lease (including those with respect to Rent) for such period as Landlord may specify. Landlord shall tender such Temporary Space in its then As-Is condition and shall have no obligation to ready the space for Tenant's use and occupancy. Once the respective Rent Commencement Dates are determined, Landlord and Tenant shall execute an agreement stating the Commencement Date, Rent Commencement Date (Block One), Rent Commencement Date (Block Two) and Expiration Date, but the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession of the Premises, Tenant shall be deemed to have done so when occurred on the date that Substantial Completion would have been achieved absent such Tenant first moves Tenant's Property and/or any of its personnel into the Premises, except Delay. 2.4.3 Notwithstanding anything to the extent contrary contained herein, in the event that Landlord has not achieved Substantial Completion of the Tenant is authorized in Improvements within one hundred twenty (120) days after the date of this Lease or by Landlord's agreement (subject to do any extension for Tenant Delay and for events of force majeure as provided in Paragraph 6.8), then Tenant shall have the foregoing without being deemed right to have accepted possession of cancel this Lease upon not less than fifteen (15) days written notice given to the Premises. \Landlord prior to the date that the Landlord has achieved Substantial Completion, provided such cancellation shall be void and this Lease shall continue in full force and effect in the event that the Landlord achieves Substantial Completion within such fifteen (15) day period.

Commencement Date. Upon the Effective Date, the terms and provisions hereof shall be fully binding on Landlord and Tenant prior to the occurrence of the Commencement Date. The Term of this Lease shall commence on that date (the "COMMENCEMENT DATE") which is the earlier to occur of (i) the Effective Commencement Date or (ii) the date on which Landlord completes the acquisition of title to the Real Property. Immediately following the close of escrow of Landlord's purchase of the Real Propertyand, Landlord shall advise Tenant in writing of the same. Unless unless sooner terminated or extended as hereinafter provided, the Term shall end on the "EXPIRATION DATE" specified Expiration Date. Except as otherwise expressly provided in Article 1. If ARTICLE 4, if Landlord does not tender possession of Block One the Premises to Tenant on or before the Scheduled Rent Commencement Date (Block One) or Block Two by the Scheduled Rent Commencement Date (Block Two)any specified date, for any reason whatsoever, Landlord shall not be liable for any damage thereby, and this Lease shall not be void or voidable thereby. , and the Term shall not commence until Landlord tenders possession of the Premises to Tenant. No failure to tender possession of the applicable portion of the Premises to Tenant on or before the Scheduled Rent Commencement Date (Block One) or the Scheduled Rent Commencement Date (Block Two), as the case may be, any specified date shall in any way affect any other obligations of Tenant hereunder, provided, however, that Landlord shall use its commercially reasonable efforts to recover possession of Block Two on May 31, 2000, or as soon thereafter as is reasonably feasible (without any obligation to commence any unlawful detainer proceedings against Chevron Corporation). In addition, Landlord covenants and agrees not to amend the lease with Chevron Corporation in order to grant Chevron Corporation the right to remain in possession of Block Two after May 31, 2000. In addition, if Landlord is unable to tender Block Two to Tenant on or before May 31, 2000, but Landlord has other available units of space within the Building (the "TEMPORARY SPACE"), then Landlord may (if Landlord elects to do so in its sole discretion), make such Temporary Space available for Tenant's use and occupancy for a period not to exceed 60 days. If Tenant elects to occupy such Temporary Space, Tenant shall do so on all of the terms and provisions of this Lease (including those with respect to Rent) for such period as Landlord may specify. Landlord shall tender such Temporary Space in its then As-Is condition and shall have no obligation to ready the space for Tenant's use and occupancy. Once the respective Rent Commencement Dates are Date is determined, Landlord and Tenant shall execute an agreement stating the Commencement Date, . Rent Commencement Date (Block One), Rent Commencement Date (Block Two) and Expiration Date, but the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession of the Premises, Tenant shall be deemed to have done so when Tenant first moves Tenant's ’s Property and/or any of its personnel into the PremisesPremises and/or commences construction. Such actions by Tenant shall be conclusive evidence, as against Tenant, that Landlord has completed the Abatement as described in Section 4.1 of this Lease, except to the extent that Tenant is authorized for Landlord’s Work as described in Section 4.3 of this Lease or by Landlord's agreement to do any and Latent Defects as defined in Section 4.4 of the foregoing without being deemed to have this Lease. Tenant has accepted possession of the Premises. \Premises in its then current condition and at the time such actions were taken, the Premises and the Building were in a good and satisfactory condition as required by the Lease.

Commencement Date. Upon the Effective Date, the terms and provisions hereof shall be fully binding on Landlord and Tenant prior Notwithstanding anything to the occurrence contrary contained in Section 2.01 above, if Substantial Completion of the Tenant Improvements is delayed beyond the Target Commencement Date as a result of Tenant Delay, then, for purposes of determining the Commencement Date. The Term , Substantial Completion of this Lease the Tenant Improvements shall commence be deemed to have occurred on that date (the "COMMENCEMENT DATE") which is the earlier to occur of (i) the Effective Date or (ii) the date on which Landlord completes the acquisition of title to the Real Property. Immediately following the close of escrow of Landlord's purchase that Substantial Completion of the Real PropertyTenant Improvements would have occurred but for such Tenant Delay. Without limiting the foregoing, Landlord shall advise use commercially reasonable speed and diligence to Substantially Complete the Tenant in writing of the same. Unless sooner terminated or extended as hereinafter provided, the Term shall end on the "EXPIRATION DATE" specified in Article 1. If Landlord does not tender possession of Block One to Tenant Improvements on or before the Scheduled Rent Target Commencement Date (Block One) or Block Two by the Scheduled Rent Commencement Date (Block Two), for any reason whatsoever, Landlord shall not be liable for any damage thereby, and this Lease shall not be void or voidable therebyDate. . No failure to tender possession of the applicable portion of the Premises to Tenant on or before the Scheduled Rent Commencement Date (Block One) or the Scheduled Rent Commencement Date (Block Two), as the case may be, shall in any way affect any other obligations of Tenant hereunder, provided, however, that Landlord shall use its commercially reasonable efforts to recover possession of Block Two on May 31, 2000, or as soon thereafter as is reasonably feasible (without any obligation to commence any unlawful detainer proceedings against Chevron Corporation). In addition, Landlord covenants and agrees not to amend the lease with Chevron Corporation in order to grant Chevron Corporation the right to remain in possession of Block Two after May 31, 2000. In addition, if Landlord is unable to tender Block Two to Tenant on or before May 31, 2000, but Landlord has other available units of space within the Building (the "TEMPORARY SPACE"), then Landlord may (if Landlord elects to do so in its sole discretion), make such Temporary Space available for Tenant's use and occupancy for a period not to exceed 60 days. If Tenant elects to occupy such Temporary Space, Tenant shall do so on all of the terms and provisions of this Lease (including those with respect to Rent) for such period as Landlord may specify. Landlord shall tender such Temporary Space in its then As-Is condition and shall have no obligation to ready the space for Tenant's use and occupancy. Once the respective Rent Commencement Dates are determined, Landlord and Tenant shall execute an agreement stating Promptly following the Commencement Date, Rent Tenant shall execute Landlord’s Letter of Understanding in substantially the form attached hereto as Exhibit C and made a part hereof, acknowledging (x) the Commencement Date of this Lease, and (Block One)y) except for any punchlist items related to the Tenant Improvements, Rent Commencement Date (Block Two) and Expiration Date, but the failure to do so will not affect the determination of such dates. For purposes of determining whether that Tenant has accepted the Leased Premises. If Tenant takes possession of and occupies the Leased Premises, Tenant shall be deemed to have done so when Tenant first moves Tenant's Property and/or accepted the Leased Premises and that the condition of the Leased Premises and the Building was at the time satisfactory and in conformity with the provisions of this Lease in all respects, subject to any of its personnel into the Premises, except punchlist items related to the extent that Tenant is authorized in this Lease or by Landlord's agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. \Improvements.

Commencement Date. Upon the Effective Date, the terms and provisions hereof a. The Commencement Date shall be fully binding on the date when the work to be performed by Contractor pursuant to the Plans approved by Landlord and Tenant prior to has been substantially completed (excluding items of work and adjustment of equipment and fixtures that can be completed after the occurrence Premises are occupied without causing material interference with Tenant’s use of the Commencement Date. The Term of this Lease shall commence on that date (the "COMMENCEMENT DATE") which is the earlier to occur of (i) the Effective Date or (ii) the date on which Landlord completes the acquisition of title to the Real Property. Immediately following the close of escrow of Landlord's purchase of the Real PropertyPremises — i.e., Landlord shall advise Tenant in writing of the same. Unless sooner terminated or extended as hereinafter provided, the Term shall end on the "EXPIRATION DATE" specified in Article 1. If Landlord does not tender possession of Block One to Tenant on or before the Scheduled Rent Commencement Date (Block One) or Block Two by the Scheduled Rent Commencement Date (Block Two“punch list items”), for any reason whatsoever, and the Landlord shall not be liable for any damage thereby, and this Lease shall not be void or voidable thereby. . No failure to tender delivers possession of the applicable portion of the Premises to Tenant in accordance with Section 2 of the Lease. b. Notwithstanding the foregoing, if Landlord shall be delayed in delivering possession of the Premises as a result of: i. Tenant’s failure to approve the space plan within the time specified; ii. Tenant’s failure to furnish to Landlord the final Plans on or before the Scheduled Rent Commencement Date (Block One) Tenant Plan Delivery Date; iii. Tenant’s failure to approve Landlord’s cost estimates within the time specified; iv. Tenant’s failure to timely respond to change orders; v. Tenant’s changes in the Tenant Improvements or the Scheduled Rent Commencement Date Plans (Block Twonotwithstanding Landlord’s approval of any such changes); vi. Tenant’s request for changes in or modifications to the Plans subsequent to the Tenant Plan Delivery Date; vii. Inability to obtain materials, as finishes or installations requested by Tenant that are not part of the case may beBuilding Standard Improvements; viii. The performance of any work by any person, shall firm or corporation employed or retained by Tenant; or ix. Any other act or omission by Tenant or its agents, representatives, and/or employees; then, in any way affect any other obligations such event, for purposes of Tenant hereunder, provided, however, that Landlord shall use its commercially reasonable efforts to recover possession of Block Two on May 31, 2000, or as soon thereafter as is reasonably feasible (without any obligation to commence any unlawful detainer proceedings against Chevron Corporation). In addition, Landlord covenants and agrees not to amend the lease with Chevron Corporation in order to grant Chevron Corporation the right to remain in possession of Block Two after May 31, 2000. In addition, if Landlord is unable to tender Block Two to Tenant on or before May 31, 2000, but Landlord has other available units of space within the Building (the "TEMPORARY SPACE"), then Landlord may (if Landlord elects to do so in its sole discretion), make such Temporary Space available for Tenant's use and occupancy for a period not to exceed 60 days. If Tenant elects to occupy such Temporary Space, Tenant shall do so on all of the terms and provisions of this Lease (including those with respect to Rent) for such period as Landlord may specify. Landlord shall tender such Temporary Space in its then As-Is condition and shall have no obligation to ready the space for Tenant's use and occupancy. Once the respective Rent Commencement Dates are determined, Landlord and Tenant shall execute an agreement stating determining the Commencement Date, Rent Commencement Date (Block One), Rent Commencement Date (Block Two) and Expiration Date, but the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession of the Premises, Tenant Premises shall be deemed to have done so when been delivered to Tenant first moves Tenant's Property and/or any of its personnel into on the Premises, except to date that Landlord and Architect determine that the extent that Tenant is authorized in this Lease Premises would have been substantially completed and ready for delivery if such delay or by Landlord's agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. \delays had not occurred.

Commencement Date. Upon the Effective Date, the terms and provisions hereof a. The Commencement Date shall be fully binding on the later of the date when the work to be performed by Contractor, pursuant to the Plans approved by Landlord and Tenant prior to Tenant, has been substantially completed (excluding items of work and adjustment of equipment and fixtures that can be completed after the occurrence Premises are occupied without causing material interference with Tenant's use of the Commencement Date. The Term of this Lease shall commence on that date (the Premises -- i.e., "COMMENCEMENT DATEpunch list items") which is the earlier to occur of (i) the Effective Date or (ii) the date on which Landlord completes the acquisition of title to the Real Property. Immediately following the close of escrow of Landlord's purchase of the Real Property, Landlord shall advise Tenant in writing of the same. Unless sooner terminated or extended as hereinafter provided, the Term shall end on the "EXPIRATION DATE" specified in Article 1. If Landlord does not tender possession of Block One to Tenant on or before the Scheduled Rent Commencement Date (Block One) or Block Two by the Scheduled Rent Commencement Date (Block Two), for any reason whatsoever, and the Landlord shall not be liable for any damage thereby, and this Lease shall not be void or voidable thereby. . No failure to tender delivers possession of the applicable portion of the Premises to Tenant in accordance with of the Lease, or July, 1, 2022. b. Notwithstanding the foregoing, if Landlord shall be delayed in delivering possession of the Premises as a result of: i. Tenant’s failure to approve the space plan within the time specified; ii. Tenant's failure to furnish to Landlord the final Plans on or before the Scheduled Rent Commencement Date (Block One) Tenant Plan Delivery Date; iii. Tenant's failure to approve Landlord's cost estimates within the time specified; iv. Tenant’s failure to timely respond to change orders; v. Tenant's changes in the Tenant Improvements or the Scheduled Rent Commencement Date Plans (Block Twonotwithstanding Landlord's approval of any such changes); vi. Tenant's request for changes in or modifications to the Plans subsequent to the Tenant Plan Delivery Date; vii. Inability to obtain materials, as the case may befinishes or installations requested by Tenant.; viii. The performance of any work by any person, shall firm or corporation employed or retained by Tenant; or ix. Any other act or omission by Tenant or its agents, representatives, and/or employees; then, in any way affect any other obligations such event, for purposes of Tenant hereunder, provided, however, that Landlord shall use its commercially reasonable efforts to recover possession of Block Two on May 31, 2000, or as soon thereafter as is reasonably feasible (without any obligation to commence any unlawful detainer proceedings against Chevron Corporation). In addition, Landlord covenants and agrees not to amend the lease with Chevron Corporation in order to grant Chevron Corporation the right to remain in possession of Block Two after May 31, 2000. In addition, if Landlord is unable to tender Block Two to Tenant on or before May 31, 2000, but Landlord has other available units of space within the Building (the "TEMPORARY SPACE"), then Landlord may (if Landlord elects to do so in its sole discretion), make such Temporary Space available for Tenant's use and occupancy for a period not to exceed 60 days. If Tenant elects to occupy such Temporary Space, Tenant shall do so on all of the terms and provisions of this Lease (including those with respect to Rent) for such period as Landlord may specify. Landlord shall tender such Temporary Space in its then As-Is condition and shall have no obligation to ready the space for Tenant's use and occupancy. Once the respective Rent Commencement Dates are determined, Landlord and Tenant shall execute an agreement stating determining the Commencement Date, Rent Commencement Date (Block One), Rent Commencement Date (Block Two) and Expiration Date, but the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession of the Premises, Tenant Premises shall be deemed to have done so when been delivered to Tenant first moves Tenant's Property and/or any on the date that Landlord and Architect determine that the Premises would have been substantially completed and ready for delivery if such delay or delays had not occurred. c. Landlord and Tenant agree to execute a separate Acknowledgement of its personnel into the Premises, except to the extent that Tenant is authorized in this Commencement Date of Lease or by Landlord's agreement to do any form upon completion of the foregoing without being deemed to have accepted possession “Work” and Commencement of the Premises. \Lease.

Commencement Date. Upon the Effective Date, the terms and provisions hereof The Commencement Date shall be fully binding on the date that is thirty (31) days after the Delivery Date (as defined below). The Commencement Date is projected to be April 1, 2016 (the “Projected Commencement Date”). Landlord and shall provide Tenant access to the Leased Premises thirty-one (31) days prior to the occurrence of the Commencement Date. The Term of this Lease shall commence on that date Date (the "COMMENCEMENT DATE"“Delivery Date”) which is the earlier to occur of (i) the Effective Date or (ii) the date on which perform wiring and other similar work at such time as Landlord completes the acquisition of title Building in accordance with Exhibit B to a point where it can allow Tenant to safely begin Tenant’s Work; provided, Tenant acknowledges that Landlord and Landlord’s contractor shall be completing Landlord’s Work (as defined on Exhibit “B”), and Tenant’s entry for such purpose shall be subject to the Real Propertyreasonable supervision of Landlord and Landlord’s contractor. Immediately following the close of escrow of Landlord's purchase of the Real PropertyThe “Projected Delivery Date” is March 1, Landlord shall advise Tenant in writing of the same. Unless sooner terminated or extended as hereinafter provided, the Term shall end on the "EXPIRATION DATE" specified in Article 12016. If Landlord does Tenant is not tender possession of Block One permitted to Tenant occupy the Leased Premises on or before the Scheduled Rent Projected Commencement Date for reasons other than a Tenant Delay (Block One) as defined in Exhibit B), and, as a result, Tenant must continue to occupy its existing premises on a “hold-over” basis, then Tenant shall be provided a credit against Rent in the amount of up to $572,917.00 per month or Block Two by partial month beyond the Scheduled Rent Projected Commencement Date (Block Two)that Tenant is not permitted to occupy the Leased Premises, but only if and to the extent Tenant actually pays such amount to its existing landlords and only to the extent such amount is “hold-over” rent in addition to the base rent otherwise payable by Tenant to its existing landlords. Tenant’s entry prior to the Commencement Date for any reason whatsoeverthe limited purposes described above shall be free of charge; provided, Tenant shall indemnify, hold harmless and defend Landlord shall not be liable for against any damage thereby, or caused by Tenant or its agents and contractors. Tenant or Landlord may terminate this Lease shall if Landlord has not be void obtained the necessary government authority approvals for construction on or voidable therebyprior to February 1, 2015. . No failure to tender possession of If the applicable portion of the Premises to Tenant Commencement Date does not occur on or before 180 days after the Scheduled Rent Commencement Delivery Date (Block One) or the Scheduled Rent Commencement Date (Block Two)then, except if delayed for reasons of force majeure, Tenant shall have, as the case may beits sole remedy, shall in any way affect any other obligations of Tenant hereunder, provided, however, that Landlord shall use its commercially reasonable efforts to recover possession of Block Two on May 31, 2000, or as soon thereafter as is reasonably feasible (without any obligation to commence any unlawful detainer proceedings against Chevron Corporation). In addition, Landlord covenants and agrees not to amend the lease with Chevron Corporation in order to grant Chevron Corporation the right to remain in possession of Block Two after May 31terminate this Lease. Tenant may, 2000. In additionas its sole remedy, terminate this Lease if Landlord is unable to tender Block Two to Tenant has not commenced construction of the Building on or before May 31prior to April 1, 2000, but Landlord has other available units 2015 except if delayed for reasons of space within the Building (the "TEMPORARY SPACE"), then Landlord may (if Landlord elects to do so in its sole discretion), make such Temporary Space available for Tenant's use and occupancy for a period not to exceed 60 days. If Tenant elects to occupy such Temporary Space, Tenant shall do so on all of the terms and provisions of this Lease (including those with respect to Rent) for such period as Landlord may specify. Landlord shall tender such Temporary Space in its then As-Is condition and shall have no obligation to ready the space for Tenant's use and occupancy. Once the respective Rent Commencement Dates are determined, Landlord and Tenant shall execute an agreement stating the Commencement Date, Rent Commencement Date (Block One), Rent Commencement Date (Block Two) and Expiration Date, but the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession of the Premises, Tenant shall be deemed to have done so when Tenant first moves Tenant's Property and/or any of its personnel into the Premises, except to the extent that Tenant is authorized in this Lease or by Landlord's agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. \force majeure.

Commencement Date. Upon the Effective Date(a) The rights, the terms duties and provisions hereof shall be fully binding on Landlord and Tenant prior to the occurrence obligations of the Commencement Date. The Term of parties under this Lease shall be effective upon the execution hereof, except that Tenant's obligation to pay rental hereunder shall commence on that date upon the first to occur of the following dated (the "COMMENCEMENT DATECommencement Date") which is the earlier to occur of ): (i) the Effective Date or (ii1) the date on which Landlord completes the acquisition of title to Leasehold Improvements in the Real Property. Immediately Premises are substantially completed; or (2) thirty (30) days following the close date on which Tenant takes possession of escrow and occupies the Premises for installation of Landlord's purchase of the Real Property, Landlord shall advise Tenant in writing of the same. Unless sooner terminated furniture or extended as hereinafter provided, the Term shall end fixtures or otherwise; or (3) on the Estimated Commencement Date, provided a Certificate of Occupancy or a Temporary Certificate of Occupancy has been issued for the Premises by such date. The Premises shall be deemed ready for occupancy when Landlord has substantially completed the work described in Exhibit "EXPIRATION DATEC" specified in Article 1. attached hereto. (b) If Landlord does not tender is unable to deliver possession of Block One to Tenant on or before the Scheduled Rent Commencement Date (Block One) or Block Two by the Scheduled Rent Commencement Date (Block Two), for any reason whatsoever, Landlord shall not be liable for any damage thereby, and this Lease shall not be void or voidable thereby. . No failure to tender possession of the applicable portion of the Premises to Tenant on or before the Scheduled Rent Estimated Commencement Date (Block One) because of the holding-over by any occupant of the Premises, or because the Scheduled Rent Commencement Date (Block Two)Premises are not substantially completed, as the case may be, shall in any way affect or for any other obligations of reason, this Lease shall continue in effect and Landlord shall not be liable to Tenant hereunder, or any third party for such inability; provided, however, the Commencement Date shall be delayed (provided Tenant is not responsible for its inability to take possession) until that date 15 days after Landlord gives Tenant notice that the Premises are ready for occupancy. If Landlord fails to give such notice within 180 days after the Estimated Commencement Date, Tenant shall use its commercially reasonable efforts to recover possession of Block Two on May 31, 2000, or as soon thereafter as is reasonably feasible (without any obligation to commence any unlawful detainer proceedings against Chevron Corporation). In addition, Landlord covenants and agrees not to amend the lease with Chevron Corporation in order to grant Chevron Corporation have the right to remain in terminate this Lease by notice to Landlord within 10 days of the end of said 180 day period. If Landlord fails to give such notice within one year after the Estimated Commencement Date. this Lease shall be null and void. (c) If Landlord gives Tenant permission to enter into possession of Block Two after May 31the Premises prior to the Commencement Date, 2000. In additionsuch possession shall be deemed to be upon all the terms, if Landlord is unable to tender Block Two to Tenant on or before May 31covenants, 2000, but Landlord has other available units of space within the Building (the "TEMPORARY SPACE"), then Landlord may (if Landlord elects to do so in its sole discretion), make such Temporary Space available for Tenant's use and occupancy for a period not to exceed 60 days. If Tenant elects to occupy such Temporary Space, Tenant shall do so on all of the terms conditions and provisions of this Lease Lease, including payment of the Rent. (including those with respect d) If the substantial completion of the Premises by Landlord is delayed due to Rent) for such period as Landlord may specify. Landlord shall tender such Temporary Space in its then As-Is condition and shall have no obligation to ready the space for any act or omission of Tenant or Tenant's use and occupancy. Once Representatives, including any delays by Tenant in the respective Rent Commencement Dates are determinedsubmission of plans, Landlord and Tenant shall execute an agreement stating drawings, specifications or other information or in approving any working drawings or estimates or in giving any authorization or approval, the Commencement Date, Rent Commencement Date (Block One), Rent Commencement Date (Block Two) and Expiration Date, but the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession of the Premises, Tenant Premises shall be deemed to substantially completed on the date when they would have done so when Tenant first moves Tenant's Property and/or any been ready but for such delay. (e) The Premises shall be deemed substantially completed and ready for occupancy upon the issuance of its personnel into the Premises, except to the extent that Tenant is authorized in this Lease or a certificate of substantial completion by Landlord's agreement architect or of a certificate of occupancy by the local building authority, notwithstanding that minor or insubstantial details of construction, mechanical adjustment or decoration remain to do any of the foregoing without being deemed to have accepted possession of the Premises. \be performed.

Commencement Date. Upon The term "Commencement Date" shall mean the Effective Datedate when all of the following have occurred with respect to a Building: (i) all of the Base Building and Tenant Improvements for the Building to be constructed by Landlord have been Substantially Completed, (ii) a certificate of occupancy and/or a conditional use permit (not subject to restrictions which would materially limit Tenant's use and operation of the Building) or other such document has been issued for the Building by the applicable governing authority, if required, (iii) the Building has been delivered to Tenant as evidenced by delive1y of the keys, and (iv) in the case of Office B, the terms and provisions hereof pm·king structure has been completed. Landlord shall be fully binding on Landlord and provide Tenant with access to a Building prior to the occurrence Commencement Date for that Building for purposes of installing its fixtures and equipment, preparing the Building for Tenant's use and occupancy, or for any other purpose permitted by Landlord, provided that (1) such access is in compliance with Applicable Laws, (2) Tenant shall not unreasonably interfere with the work to be performed by Landlord in the Building, and (3) that all provisions of the Lease, other than the provisions for payment of any rent or additional rent for the Building, shall apply during such early occupancy period. Tenant or a Tenant­ Related Party (as such term is defined in the Lease) may exercise this privilege only if (i) Tenant or such Tenant-Related Party ensures that its employees and contractors and those of its agents do not interfere with construction of the Building, (ii) Tenant or such Tenant-Related Party takes such reasonable protective precautions or measures as Landlord and/or the General Contractor may reasonably request, given the state of construction of the Building at the time of such entry, and (iii) Tenant or such Tenant-Related Party signs a liability waiver in such form as required by the General Contractor's or Landlord's insurer, if required by such insurer with such form to be reasonably acceptable to Tenant, the General Contractor and/or Landlord's insurer. If the Tenant Improvements for a Building are substantially completed prior to the Commencement Date. The Term Date for a Building, Tenant shall be allowed to use and occupy that Building prior to the Commencement Date for that Building, and Tenant shall be subject to all of the provisions of this Lease during any such early occupancy period except, where the use and occupancy is not for Tenant's intended ongoing use for the Building, the provisions concerning Base Rent which shall commence on that date (the "COMMENCEMENT DATE") which is Commencement Date for the earlier to occur of (i) Building and the Effective Commencement Date or (ii) for the Building shall be the date on which Landlord completes otherwise provided in the acquisition Lease for commencement, rather than the date of title early occupancy. Tenant's obligation to pay the Real Property. Immediately following the close additional rent related to Expenses shall begin as of escrow Tenant's occupancy of Landlord's purchase of the Real Property, Landlord shall advise Tenant in writing of the same. Unless sooner terminated all or extended as hereinafter provided, the Term shall end on the "EXPIRATION DATE" specified in Article 1. If Landlord does not tender possession of Block One to Tenant on or before the Scheduled Rent Commencement Date (Block One) or Block Two by the Scheduled Rent Commencement Date (Block Two), for any reason whatsoever, Landlord shall not be liable for any damage thereby, and this Lease shall not be void or voidable thereby. . No failure to tender possession of the applicable portion of the Premises to Tenant on or before Premises. Notwithstanding that the Scheduled Rent Commencement Date for a Building has not have occun-ed, in the event Tenant or a Tenant-Related Xxxxx occupies space (Block Oneother than common areas) or within the Scheduled Building for the Tenant's intended use for the space during the term of the Lease, Monthly Base Rent Commencement Date (Block Two), as the case may be, shall in any way affect any other obligations of Tenant hereunderbe payable to Landlord with respect to such space, provided, however, that Landlord shall use its commercially reasonable efforts to recover possession in the event Tenant and/or Tenant-Related Parties occupy more than 50% of Block Two on May 31, 2000, or as soon thereafter as is reasonably feasible (without any obligation to commence any unlawful detainer proceedings against Chevron Corporation). In addition, Landlord covenants and agrees not to amend the lease with Chevron Corporation in order to grant Chevron Corporation the right to remain in possession of Block Two after May 31, 2000. In addition, if Landlord is unable to tender Block Two to Tenant on or before May 31, 2000, but Landlord has other available units of space within the a Building (the "TEMPORARY SPACE"), then Landlord may (if Landlord elects to do so in its sole discretion), make such Temporary Space available for Tenant's intended use and occupancy for a period not to exceed 60 days. If Tenant elects to occupy such Temporary Space, Tenant shall do so on all the space during the te1m of the terms and provisions of this Lease (including those with respect to Rent) for such period as Landlord may specify. Landlord shall tender such Temporary Space in its then As-Is condition and shall have no obligation to ready the space for Tenant's use and occupancy. Once the respective Rent Commencement Dates are determined, Landlord and Tenant shall execute an agreement stating the Commencement Date, Rent Commencement Date (Block Oneexcluding common areas), the Monthly Base Rent Commencement Date (Block Two) and Expiration Date, but for the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession of the Premises, Tenant entire Building shall be deemed to have done so when Tenant first moves Tenant's Property and/or any of its personnel into the Premises, except to the extent that Tenant is authorized in this Lease or by Landlord's agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. \due and payable.

Commencement Date. Upon The Term of the Effective Lease shall commence ("Commencement Date") on the first day of the first full month following the date on which the Premises are Substantially Complete (as hereinafter defined) except that if Substantial Completion occurs on the first day of a month, the terms and provisions hereof that date shall be fully binding on Landlord and Tenant prior to the occurrence of the Commencement Date, and the Lease shall continue in full force and effect for the period of time specified as the Term or until this Lease is terminated as otherwise provided herein. The Term Premises shall be deemed to be "Substantially Complete" on the earliest of this Lease the date on which: (1) Landlord files or causes to be filed with the City in which the Premises are located (if required) and delivers to Tenant an architect's notice of substantial completion, or similar written notice that the Premises are substantially complete, (2) Tenant commences business operations in the Premises, or (3) a certificate of occupancy is issued for the Premises. Landlord shall commence on that date arrange for the construction of certain Tenant Improvements (as defined in the "COMMENCEMENT DATE") which is Work Letter), if any, in accordance with and subject to the earlier terms of the Work Letter attached hereto as EXHIBIT B. Tenant shall, upon demand after delivery of the Premises to occur of Tenant, execute and deliver to Landlord a Commencement Date Memorandum in the form attached hereto as EXHIBIT C acknowledging (i) the Effective Date or Commencement Date, (ii) the date on which Landlord completes the acquisition of title to the Real Property. Immediately following the close of escrow of Landlord's purchase final square footage of the Real PropertyPremises and any necessary adjustments to Base Rent, Landlord shall advise Tenant rental adjustments, Tenant's Building Share or Tenant's Site Share as provided in writing Section 1.1 above, and (iii) Tenant's acceptance of the samePremises. Unless sooner terminated or extended as hereinafter provided, If the Term shall end Premises are not Substantially Complete on the "EXPIRATION DATE" specified Estimated Commencement Date, this Lease shall remain in Article 1. If Landlord does not tender possession of Block One to Tenant on or before the Scheduled Rent Commencement Date (Block One) or Block Two by the Scheduled Rent Commencement Date (Block Two), for any reason whatsoevereffect, Landlord shall not be liable for subject to any damage therebyliability, and the Commencement Date shall be delayed until the date the Premises are Substantially Complete. Tenant acknowledges that it has had an adequate opportunity to inspect and investigate all matters relevant to the Premises, using experts and other qualified professionals, and that Tenant has determined that the Premises are acceptable for Tenant's use. Tenant further acknowledges that, except to the limited extent, if any, specifically provided in this Lease shall not be void Lease, neither Landlord nor any broker or voidable thereby. . No failure to tender possession of agent has made any representations or warranties in connection with the applicable portion physical condition of the Premises to Tenant on or before the Scheduled Rent Commencement Date (Block One) or the Scheduled Rent Commencement Date (Block Two), as the case may be, shall in any way affect any other obligations of Tenant hereunder, provided, however, that Landlord shall use its commercially reasonable efforts to recover possession of Block Two on May 31, 2000, or as soon thereafter as is reasonably feasible (without any obligation to commence any unlawful detainer proceedings against Chevron Corporation). In addition, Landlord covenants and agrees not to amend the lease with Chevron Corporation in order to grant Chevron Corporation the right to remain in possession of Block Two after May 31, 2000. In addition, if Landlord is unable to tender Block Two to Tenant on or before May 31, 2000, but Landlord has other available units of space within the Building (the "TEMPORARY SPACE"), then Landlord may (if Landlord elects to do so in its sole discretion), make such Temporary Space available their fitness for Tenant's use and occupancy upon which Xxxxxx has relied directly or indirectly for a period not to exceed 60 days. If Tenant elects to occupy such Temporary Space, Tenant shall do so on all of the terms and provisions of this Lease (including those with respect to Rent) for such period as Landlord may specify. Landlord shall tender such Temporary Space in its then As-Is condition and shall have no obligation to ready the space for Tenant's use and occupancy. Once the respective Rent Commencement Dates are determined, Landlord and Tenant shall execute an agreement stating the Commencement Date, Rent Commencement Date (Block One), Rent Commencement Date (Block Two) and Expiration Date, but the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession of the Premises, Tenant shall be deemed to have done so when Tenant first moves Tenant's Property and/or any of its personnel into the Premises, except to the extent that Tenant is authorized in this Lease or by Landlord's agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. \purpose.

Commencement Date. Upon Landlord shall notify Tenant in writing of Substantial Completion. If Tenant believes that Substantial Completion has not occurred, Tenant shall notify Landlord in writing of its objections within ten (10) Business Days after its receipt of the Effective Landlord’s notice described in the preceding sentence. Landlord shall have a reasonable time after its receipt of Tenant’s notice in which to take such action as may be necessary to achieve Substantial Completion, and shall notify Tenant in writing when such has been completed. Taking of possession by Tenant shall establish the Commencement Date as specified in the definition of that term and the establishment of such fact upon the taking of possession shall occur even if Tenant disputes whether Substantial Completion has occurred or attempts to condition or qualify the taking of possession. Such taking of possession shall further establish that the Premises are in good and satisfactory condition when possession was so taken and the Commencement Date has occurred. Tenant acknowledges that no representations as to the condition of the Premises have been made by Landlord, unless such are expressly set forth in this Lease. In the event of any dispute as to whether Substantial Completion has occurred, the certificate of Landlord’s architect shall be conclusive. If on the Commencement Date, the terms and provisions hereof shall Punch List Work remains to be fully binding on completed, Landlord and Tenant shall agree on such Punch List Work prior to occupancy by Tenant and Landlord will promptly complete it after the Commencement Date. In no event shall Tenant’s refusal or failure to agree on the nature and extent of Punch List Work or the existence of items of Punch List Work delay or postpone the occurrence of the Commencement Date. The Term of this Lease Tenant shall commence on that date (the "COMMENCEMENT DATE") which is the earlier to occur of (i) the Effective Date or (ii) the date on which Landlord completes the acquisition of title make no changes to the Real Property. Immediately following Plans and Specifications or the close of escrow work reflected in the Plans and Specifications without the consent of Landlord's purchase of the Real Property, Landlord shall advise Tenant in writing of the same. Unless sooner terminated or extended as hereinafter provided, the Term shall end on the "EXPIRATION DATE" specified in Article 1. If Landlord does not tender possession of Block One to Tenant on or before the Scheduled Rent Commencement Date (Block One) or Block Two by the Scheduled Rent Commencement Date (Block Two), for any reason whatsoever, Landlord shall not be liable for any damage thereby, and this Lease shall not be void or voidable thereby. . No failure to tender possession of the applicable portion of the Premises to Tenant on or before the Scheduled Rent Commencement Date (Block One) or the Scheduled Rent Commencement Date (Block Two), as the case may be, shall in any way affect any other obligations of Tenant hereunder, provided, however, that Landlord shall use its commercially reasonable efforts to recover possession of Block Two on May 31, 2000, or as soon thereafter as is reasonably feasible (without any obligation to commence any unlawful detainer proceedings against Chevron Corporation). In addition, Landlord covenants and agrees not to amend the lease with Chevron Corporation in order to grant Chevron Corporation the right to remain in possession of Block Two after May 31, 2000. In addition, if Landlord is unable to tender Block Two to Tenant on or before May 31, 2000, but Landlord has other available units of space within the Building (the "TEMPORARY SPACE"), then Landlord may (if Landlord elects to do so in its sole discretion), make such Temporary Space available for Tenant's use and occupancy for a period not to exceed 60 days. If Tenant elects to occupy such Temporary Space, Tenant shall do so on all of the terms and provisions of this Lease (including those with respect to Rent) for such period as Landlord may specify. Landlord shall tender such Temporary Space in its then As-Is condition and shall have no obligation to ready the space for Tenant's use and occupancy. Once the respective Rent Commencement Dates are determined, Landlord and Tenant shall execute an agreement stating the Commencement Date, Rent Commencement Date (Block One), Rent Commencement Date (Block Two) and Expiration Date, but the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession of the Premises, Tenant shall be deemed to have done so when Tenant first moves Tenant's Property and/or any of its personnel into the Premises, except to the extent that Tenant is authorized in this Lease or by Landlord's agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. \.

Commencement Date. Upon The Commencement Date of the Effective Date, the terms and provisions hereof Lease shall be fully binding on Landlord thirty (30) days after the Premises are substantially complete. Substantial Completion shall be evidenced when (a) final inspection is approved by the City of Carlsbad and Tenant prior is legally permitted to occupy the occurrence Premises for the conduct of its business; (b) all Building systems are in good working order to support the operation of the Commencement Date. The Term of this Lease shall commence on that date Premises; and (the "COMMENCEMENT DATE") which is the earlier to occur of (ic) the Effective Date or (ii) the date on which Landlord completes the acquisition of title to the Real Property. Immediately following the close of escrow of Landlord's purchase of the Real Property, Landlord shall advise Tenant in writing of the same. Unless sooner terminated or extended as hereinafter provided, the Term shall end on the "EXPIRATION DATE" specified in Article 1. If Landlord does not tender possession of Block One to Tenant on or before Improvements are complete excepting industry-standard punch-list items. 2.2.1 Notwithstanding the Scheduled Rent Commencement Date (Block One) or Block Two by set forth in the Scheduled Rent Commencement Date (Block Two)Basic Lease Provisions, if for any reason whatsoever, Landlord shall cannot be liable for any damage thereby, and this Lease shall not be void or voidable thereby. . No failure to tender deliver possession of the applicable portion of the Premises to Tenant on or before said date, Landlord shall not be subject to any liability therefor, nor shall such failure affect the Scheduled Rent Commencement Date (Block One) validity of this Lease or the Scheduled Rent Commencement Date (Block Two)obligations of Tenant hereunder or extend the term hereof, as the case may bebut in such case, Tenant shall in any way affect not be obligated to pay rent or perform any other obligations of Tenant hereunderunder the terms of this Lease, providedexcept as may be otherwise provided in this Lease, until possession of the Premises is delivered to Tenant. If, however, that Landlord shall use its commercially reasonable efforts to recover not have delivered possession of Block Two on May 31the Premises within sixty (60) days following said Scheduled Commencement Date for any reason, 2000other than Tenants Delays as defined in the Work Letter attached hereto as Exhibit "D" and delays beyond the reasonable control of Landlord, Tenant may, at Tenant's option, by notice in writing to Landlord within ten (10) days thereafter, advise Landlord of Tenant's intent to cancel this Lease. Within ten (10) days after its receipt of such notice, Landlord shall submit to Tenant a statement of all costs and expenses incurred or irrevocably committed by Landlord for non-standard improvements to the Premises up to the date of Landlord's receipt of Tenant's notice of intent to cancel. This Lease shall thereafter be cancelled, and the parties shall be discharged from all obligations hereunder, if and only if Tenant reimburses Landlord for all such costs and expenses as stated in Landlord's notice within ten (10) days after Tenant's receipt thereof, and Landlord shall thereupon return any money previously deposited by Tenant. If such written notice of intent to cancel by Tenant is not timely received by Landlord, or Tenant's reimbursement for such costs and expenses is not timely received by Landlord, as soon thereafter as is reasonably feasible (without any obligation to commence any unlawful detainer proceedings against Chevron Corporation). In additionaforesaid, Landlord covenants and agrees not to amend the lease with Chevron Corporation then in order to grant Chevron Corporation the either such event Tenant's right to remain in possession cancel this Lease hereunder shall terminate and be of Block Two after May 31, 2000. In addition, if Landlord is unable to tender Block Two no further force or effect. 2.2.2 Possession of the premises shall be deemed delivered to Tenant on or before May 31when (1) the improvements to be provided by Landlord under this Lease are substantially completed, 2000, but Landlord has other available units of space within (2) the Building Utilities are ready for use in the Premises, and (3) Tenant has reasonable access to the "TEMPORARY SPACE"Premises. 2.2.3 If Tenant occupies the Premises prior to said Commencement Date (other than to install and/or store furniture and equipment), then Landlord may (if Landlord elects such occupancy shall be subject to do so in its sole discretion), make such Temporary Space available for Tenant's use and occupancy for a period not to exceed 60 days. If Tenant elects to occupy such Temporary Space, Tenant shall do so on all of the terms and provisions of this Lease (including those with respect to Rent) for Lease, such period as Landlord may specify. Landlord occupancy shall tender such Temporary Space in its then As-Is condition and shall have no obligation to ready not change the space for Tenant's use and occupancy. Once the respective Rent Commencement Dates are determinedtermination date, Landlord and Tenant shall execute an agreement stating the Commencement Date, Rent Commencement Date (Block One), Rent Commencement Date (Block Two) and Expiration Date, but the failure to do so will not affect the determination of pay rent for such dates. For purposes of determining whether Tenant has accepted possession of the Premises, Tenant shall be deemed to have done so when Tenant first moves Tenant's Property and/or any of its personnel into the Premises, except to the extent that Tenant is authorized in this Lease or by Landlord's agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. \occupancy.

Commencement Date. Upon Landlord shall prepare the Effective Date, Premises for Tenant's occupancy in accordance with the terms Plans and provisions hereof Specifications. Landlord's preparation of the Premises ("Landlord's Work") shall be fully binding on Landlord and Tenant prior to the occurrence of the Commencement Date. The Term of this Lease shall commence on that date (the "COMMENCEMENT DATE") which is the earlier to occur of (i) the Effective Date or (ii) the date on which Landlord completes the acquisition of title to the Real Property. Immediately following the close of escrow of performed by Landlord's purchase of contractors and the Real Property, Tenant Improvement Allowance shall be applied against the cost thereof as provided in paragraph 2.5 hereof. Landlord shall advise notify Tenant in writing of Substantial Completion. If Tenant believes that Substantial Completion has not occurred, Tenant shall notify Landlord in writing of its objections within ten (10) Business Days after its receipt of the sameLandlord's notice described in the preceding sentence. Unless sooner terminated Landlord shall have a reasonable time after its receipt of Tenant's notice in which to take such action as may be necessary to achieve Substantial Completion, and shall notify Tenant in writing when such has been completed. As of the date of this Lease, Tenant is in possession of Premises C. Taking of possession by Tenant of the whole or extended any part of Premises A and/or Premises B prior to March 1, 2000 or Substantial Completion in respect of Premises A and B shall establish the Commencement Date as hereinafter provided, the Term shall end on the "EXPIRATION DATE" specified in Article 1the definition of that term for both Premises A and B and the establishment of such fact upon the taking of possession shall occur even if Tenant disputes whether Substantial Completion has occurred or attempts to condition or qualify the taking of possession. If Landlord does not tender Such taking of possession of Block One to Tenant on or before shall further establish that the Scheduled Rent Premises are in good and satisfactory condition when possession was so taken and the Commencement Date (Block One) or Block Two by has occurred. Tenant acknowledges that no representations as to the Scheduled Rent Commencement Date (Block Two), for any reason whatsoever, Landlord shall not be liable for any damage thereby, and this Lease shall not be void or voidable thereby. . No failure to tender possession of the applicable portion condition of the Premises to Tenant on or before the Scheduled Rent Commencement Date (Block One) or the Scheduled Rent Commencement Date (Block Two)have been made by Landlord, as the case may be, shall unless such are expressly set forth in any way affect any other obligations of Tenant hereunder, provided, however, that Landlord shall use its commercially reasonable efforts to recover possession of Block Two on May 31, 2000, or as soon thereafter as is reasonably feasible (without any obligation to commence any unlawful detainer proceedings against Chevron Corporation)this Lease. In additionthe event of any dispute as to whether Substantial Completion has occurred, Landlord covenants and agrees not to amend the lease with Chevron Corporation in order to grant Chevron Corporation the right to remain in possession certificate of Block Two after May 31, 2000. In addition, if Landlord is unable to tender Block Two to Tenant on Landlord's architect or before May 31, 2000, but Landlord has other available units of space within the Building (the "TEMPORARY SPACE"), then Landlord may (if Landlord elects to do so in its sole discretion), make such Temporary Space available for Tenant's use and occupancy for a period not to exceed 60 daysgeneral contractor shall be conclusive. If Tenant elects on the date of Substantial Completion, Punch List Work remains to occupy such Temporary Space, Tenant shall do so on all of the terms and provisions of this Lease (including those with respect to Rent) for such period as Landlord may specify. Landlord shall tender such Temporary Space in its then As-Is condition and shall have no obligation to ready the space for Tenant's use and occupancy. Once the respective Rent Commencement Dates are determinedbe completed, Landlord and Tenant shall execute an agreement stating agree on such Punch List Work prior to occupancy by Tenant and Landlord will promptly complete it after the date of Substantial Completion. In no event shall Tenant's refusal or failure to agree on the nature and extent of Punch List Work or the existence of items of Punch List Work delay or postpone the occurrence of the date of Substantial Completion or the Commencement Date, Rent Commencement Date (Block One), Rent Commencement Date (Block Two) and Expiration Date, but the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession of the Premises, Tenant shall be deemed to have done so when Tenant first moves Tenant's Property and/or any of its personnel into the Premises, except make no changes to the extent that Plans and Specifications or the work reflected in the Plans and Specifications without the written consent of Landlord. Notwithstanding anything to the contrary herein contained, Landlord shall perform Landlord's Work in respect of Premises C while Tenant is authorized in this Lease or by occupancy of Premises C and may perform Landlord's agreement Work in respect of Premises A and/or B subsequent to do any March 1, 2000 and possibly while Tenant is in occupancy of Premises A and/or B, or parts thereof. There shall be no allowance to Tenant for diminution of rental value and no liability on the foregoing without being deemed part of Landlord by reason of inconvenience, annoyance or injury to have accepted possession Tenant arising from the performance of the Premises. \Landlord's Work.

Commencement Date. Upon Tenant shall be liable to Landlord for the Effective payment of Rent and any other payment as set forth in the Lease. The “Commencement Date” under the Lease shall be five (5) business days after the later of (1) date on which the Improvements and Tenant Improvements are Substantially Completed and (2) May 1, 2008; provided, however, in the event Substantial Completion of the Improvements and any Tenant Improvements is delayed due to Tenant Delays, then for purposes of the payment Rent and any other payment required to be made by Tenant pursuant to the Lease, the terms and provisions hereof Commencement Date shall be fully binding that date five (5) business days after the date on Landlord and Tenant prior to which the Improvements would have been Substantially Completed but for the occurrence of such Tenant Delays. If the Improvements are not Substantially Completed but are partially ready for occupancy, Tenant may, but need not, occupy the portion of the Premises that is ready for occupancy, provided such partial occupancy is permitted by applicable law, and in the event of such partial occupancy (other than occupancy necessary to complete the Tenant Improvements), Tenant shall pay to Landlord pro rata Rent based upon the area of the Premises so occupied by Tenant. Such obligation to pay Rent on a proportionate basis shall commence on the date on which Tenant first occupies and takes possession of any portion of the Premises, and shall continue through the Commencement Date. The Term of this Lease shall commence on that date (the "COMMENCEMENT DATE") which is the earlier Tenant’s right to occur of (i) the Effective Date or (ii) the date on which Landlord completes the acquisition of title to the Real Property. Immediately following the close of escrow of Landlord's purchase of the Real Property, Landlord shall advise Tenant in writing of the same. Unless sooner terminated or extended as hereinafter provided, the Term shall end on the "EXPIRATION DATE" specified in Article 1. If Landlord does not tender possession of Block One to Tenant on or before the Scheduled Rent Commencement Date (Block One) or Block Two by the Scheduled Rent Commencement Date (Block Two), for any reason whatsoever, Landlord shall not be liable for any damage thereby, so occupy and this Lease shall not be void or voidable thereby. . No failure to tender possession of the applicable utilize a portion of the Premises shall nevertheless be subject to Landlord’s reasonable approval, and throughout such partial occupancy, Tenant on shall fully cooperate with Landlord to facilitate Landlord’s Substantial Completion of any remaining or before the Scheduled Rent Commencement Date (Block One) or the Scheduled Rent Commencement Date (Block Two), as the case may be, shall in any way affect any other obligations of Tenant hereunder, provided, however, that Landlord shall use its commercially reasonable efforts to recover possession of Block Two on May 31, 2000, or as soon thereafter as is reasonably feasible (outstanding Improvements without any obligation to commence any unlawful detainer proceedings against Chevron Corporation). In addition, Landlord covenants and agrees not to amend the lease with Chevron Corporation in order to grant Chevron Corporation the right to remain in possession of Block Two after May 31, 2000. In addition, if Landlord is unable to tender Block Two to Tenant on or before May 31, 2000, but Landlord has other available units of space within the Building (the "TEMPORARY SPACE"), then Landlord may (if Landlord elects to do so in its sole discretion), make such Temporary Space available for Tenant's use and occupancy for a period not to exceed 60 daysinterference. If Tenant elects to occupy such Temporary Space, Tenant shall do so on all occupies any portion of the terms and Premises prior to Substantial Completion thereof, the provisions of this the Lease (including those with respect shall apply to Rent) for such period as Landlord may specify. Landlord occupancy or use of the Premises by Tenant, except that the Term of the Lease shall tender such Temporary Space in its then As-Is condition and shall have no obligation to ready the space for Tenant's use and occupancy. Once the respective Rent Commencement Dates are determined, Landlord and Tenant shall execute an agreement stating not commence until the Commencement Date, Rent Commencement Date (Block One), Rent Commencement Date (Block Two) and Expiration Date, but the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession of the Premises, Tenant shall be deemed to have done so when Tenant first moves Tenant's Property and/or any of its personnel into the Premises, except to the extent that Tenant is authorized in this Lease or by Landlord's agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. \.

Commencement Date. Upon Landlord shall prepare the Effective Premises for Tenant's occupancy in accordance with the Plans and Specifications. Landlord's preparation of the Premises ("Landlord's Work") shall be performed by Landlord's contractors and the Tenant Improvement Allowance shall be applied against the cost thereof as provided in paragraph 2.5 hereof. Landlord shall notify Tenant in writing of Substantial Completion. If Tenant believes that Substantial Completion has not occurred, Tenant shall notify Landlord in writing of its objections within ten (10) Business Days after its receipt of the Landlord's notice described in the preceding sentence. Landlord shall have a reasonable time after its receipt of Tenant's notice in which to take such action as may be necessary to achieve Substantial Completion, and shall notify Tenant in writing when such has been completed. Taking of possession by Tenant of the whole or any part of the Premises shall establish the Commencement Date as specified in the definition of that term and the establishment of such fact upon the taking of possession shall occur even if Tenant disputes whether Substantial Completion has occurred or attempts to condition or qualify the taking of possession. Such taking of possession shall further establish that the Premises are in good and satisfactory condition when possession was so taken and the Commencement Date has occurred. Tenant acknowledges that no representations as to the condition of the Premises have been made by Landlord, unless such are expressly set forth in this Lease. In the event of any dispute as to whether Substantial Completion has occurred, the certificate of Landlord's architect or general contractor shall be conclusive. If on the Commencement Date, the terms and provisions hereof shall Punch List Work remains to be fully binding on completed, Landlord and Tenant shall agree on such Punch List Work prior to occupancy by Tenant and Landlord will promptly complete it after the Commencement Date. In no event shall Tenant's refusal or failure to agree on the nature and extent of Punch List Work or the existence of items of Punch List Work delay or postpone the occurrence of the Commencement Date. The Term Tenant shall make no changes to the Plans and Specifications or the work reflected in the Plans and Specifications without the written consent of Landlord. Notwithstanding anything to the contrary herein contained, if the Commencement Date shall not have occurred by the date ("Last Construction Completion Date") which IS [SEVEN (7)] months after the date of this Lease for any reason other than delays caused by Tenant or delays attributable to force majeure (see paragraph 6.8), then Tenant shall commence have the right to terminate this Lease, exercisable by giving Landlord a written thirty (30) day termination notice on that date (or after the "COMMENCEMENT DATE") which is the earlier to occur of (i) the Effective Last Construction Completion Date or (ii) the date on which Landlord completes the acquisition of title to the Real Property. Immediately following the close of escrow of Landlord's purchase of the Real Property, Landlord shall advise Tenant in writing of the same. Unless sooner terminated or extended as hereinafter provided, the Term shall end on the "EXPIRATION DATE" specified in Article 1. If Landlord does not tender possession of Block One to Tenant and on or before the Scheduled Rent date which is fourteen (14) calendar days after the Last Construction Completion Date, time being of the essence in respect of Tenant's giving said notice. If the Commencement Date (Block One) or Block Two by the Scheduled Rent Commencement Date (Block Two), for any reason whatsoever, Landlord shall not be liable for any damage thereby, and this Lease shall not be void or voidable thereby. . No failure to tender possession of the applicable portion of the Premises to Tenant occur on or before the Scheduled Rent Commencement Date thirtieth (Block One30th) or the Scheduled Rent Commencement Date (Block Two)day following Landlord's receipt of such notice, as the case may be, shall in any way affect any other obligations of Tenant hereunder, provided, however, that Landlord shall use its commercially reasonable efforts to recover possession of Block Two on May 31, 2000, or as soon thereafter as is reasonably feasible (without any obligation to commence any unlawful detainer proceedings against Chevron Corporation). In addition, Landlord covenants and agrees not to amend the lease with Chevron Corporation in order to grant Chevron Corporation the right to remain in possession of Block Two after May 31, 2000. In addition, if Landlord is unable to tender Block Two to Tenant on or before May 31, 2000, but Landlord has other available units of space within the Building (the "TEMPORARY SPACE"), then Landlord may (if Landlord elects to do so in its sole discretion), make such Temporary Space available for Tenant's use and occupancy for a period not to exceed 60 days. If Tenant elects to occupy such Temporary Space, Tenant shall do so on all of the terms and provisions of this Lease (including those with respect to Rent) for such period as Landlord may specify. Landlord shall tender such Temporary Space in its then As-Is condition and shall have no obligation to ready the space for Tenant's use and occupancy. Once the respective Rent Commencement Dates are determined, Landlord and Tenant shall execute an agreement stating the Commencement Date, Rent Commencement Date (Block One), Rent Commencement Date (Block Two) and Expiration Date, but the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession of the Premises, Tenant termination notice shall be deemed to have done so when Tenant first moves Tenant's Property and/or any null and void and of its personnel into the Premises, except no further force or effect. Notwithstanding anything to the extent that Tenant is authorized contrary in this Lease or by Landlord's agreement to do any the foregoing contained, there shall be no postponement of the foregoing without being deemed Commencement Date if delay in Substantial Completion shall be due to have accepted possession of any change required by Tenant in the Premises. \Plans and Specifications.

Commencement Date. Upon the Effective Date(a) Unless postponed under this paragraph or under paragraph 2.02(b), the terms and provisions hereof Commencement Date shall be fully binding on the date the Tenant is tendered the Premises. The taking of possession of the Premises by Tenant shall be deemed conclusively to establish that the Premises are in good and satisfactory condition as of when possession was taken and that Tenant has determined that the Premises are suitable for Tenant's intended purposes. Landlord has made no warranties with respect to suitability and Tenant hereby expressly waives any implied warranty of same. Tenant further acknowledges that no representations as to the repair of the Premises, nor promises to alter, remodel or improve the Premises have been made by Landlord, unless such are expressly set forth in this Lease. If this Lease is executed before the Premises become vacant or otherwise available and ready for occupancy, or if any present tenant or occupant of the Premises holds over, and Landlord cannot acquire possession of the Premises prior to the occurrence of the Commencement Date. The Term of this Lease shall commence on that date (the "COMMENCEMENT DATE") which is the earlier to occur of (i) the Effective Date or (ii) the date on which Landlord completes the acquisition of title to the Real Property. Immediately following the close of escrow of Landlord's purchase of the Real Property, Landlord shall advise Tenant in writing of the same. Unless sooner terminated or extended as hereinafter provided, the Term shall end on the "EXPIRATION DATE" specified in Article 1. If Landlord does not tender possession of Block One to Tenant on or before the Scheduled Rent Commencement Date (Block One) or Block Two by the Scheduled Rent Commencement Date (Block Two), for any reason whatsoever, Landlord shall not be liable for any damage therebydeemed to be in default hereunder, and this Lease shall not be void or voidable thereby. . No failure Tenant agrees to tender accept possession of the applicable portion Premises at such time as Landlord is able to tender the same, which date shall thenceforth be deemed the Commencement Date; and Landlord hereby waives payment of rent covering any period prior to the Premises tendering of possession to Tenant on or before the Scheduled Rent Commencement Date (Block One) or the Scheduled Rent Commencement Date (Block Two), as the case may be, shall in any way affect any other obligations of Tenant hereunder, provided, however, that Landlord shall use its commercially reasonable efforts to recover possession of Block Two on May 31, 2000, or as soon thereafter as is reasonably feasible (without any obligation to commence any unlawful detainer proceedings against Chevron Corporation). In addition, Landlord covenants and agrees not to amend the lease with Chevron Corporation in order to grant Chevron Corporation the right to remain in possession of Block Two after May 31, 2000. In addition, if Landlord is unable to tender Block Two to Tenant on or before May 31, 2000, but Landlord has other available units of space within the Building (the "TEMPORARY SPACE"), then Landlord may (if Landlord elects to do so in its sole discretion), make such Temporary Space available for Tenant's use and occupancy for a period not to exceed 60 days. If Tenant elects to occupy such Temporary Space, Tenant shall do so on all of the terms and provisions of this Lease (including those with respect to Rent) for such period as Landlord may specify. Landlord shall tender such Temporary Space in its then As-Is condition and shall have no obligation to ready the space for Tenant's use and occupancy. Once the respective Rent Commencement Dates are determined, Landlord and Tenant shall execute an agreement stating After the Commencement Date, Rent Commencement Date (Block One)Tenant shall, Rent Commencement Date (Block Two) upon demand, execute and Expiration Date, but the failure deliver to do so will not affect the determination Landlord a letter of such dates. For purposes acceptance of determining whether Tenant has accepted possession delivery of the Premises, Tenant shall be deemed to have done so when Tenant first moves Tenant's Property and/or any of its personnel into the Premises, except to the extent that Tenant is authorized in this Lease or by Landlord's agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. \.

Commencement Date. Upon the Effective Date, the terms and provisions hereof shall be fully binding on Landlord and Tenant prior to the occurrence of the Commencement DateTenant. The Term of this Lease shall commence on that date (the "COMMENCEMENT DATE") which is the earlier to occur of (i) the Effective Date or (ii) the date on which Landlord completes the acquisition of title to the Real Property. Immediately following the close of escrow of Landlord's purchase of the Real Property, Landlord shall advise Tenant in writing of the sameCommencement Date. Unless sooner terminated or extended as hereinafter provided, the Term shall end on the "EXPIRATION DATE" specified in Article 1Expiration Date. If Landlord does not tender possession of Block One the Premises to Tenant on or before the Scheduled Rent Commencement Date (Block One) or Block Two by the Scheduled Rent Commencement Date (Block Two)any other particular date, for any reason whatsoever, Landlord shall not be liable for any damage thereby, and this Lease shall not be void or voidable thereby, and the Term shall not commence until the Commencement Date. Landlord shall be deemed to have tendered possession of the Premises to Tenant upon the giving of notice by Landlord to Tenant stating that the Premises are vacant, in the condition required by this Lease and available for Tenant’s occupancy. No failure to tender possession of the applicable portion of the Premises to Tenant on or before the Scheduled Rent Commencement Date (Block One) or the Scheduled Rent Commencement Date (Block Two), as the case may be, shall in any way affect any other obligations of Tenant hereunder, provided, however, that Landlord shall use its commercially reasonable efforts to recover possession of Block Two on May 31, 2000, or as soon thereafter as is reasonably feasible (without any obligation to commence any unlawful detainer proceedings against Chevron Corporation). In addition, Landlord covenants and agrees not to amend the lease with Chevron Corporation in order to grant Chevron Corporation the right to remain in possession of Block Two after May 31, 2000. In addition, if Landlord is unable to tender Block Two to Tenant on or before May 31, 2000, but Landlord has other available units of space within the Building (the "TEMPORARY SPACE"), then Landlord may (if Landlord elects to do so in its sole discretion), make such Temporary Space available for Tenant's use and occupancy for a period not to exceed 60 days. If Tenant elects to occupy such Temporary Space, Tenant shall do so on all of the terms and provisions of this Lease (including those with respect to Rent) for such period as Landlord may specify. Landlord shall tender such Temporary Space in its then As-Is condition and shall have no obligation to ready the space for Tenant's use and occupancy. Once the respective Rent Commencement Dates are determined, Landlord and Tenant shall execute an agreement stating the Commencement Date, Rent Commencement Date (Block One), Rent Commencement Date (Block Two) and Expiration Date, but the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession of the Premises, Tenant shall be deemed to have done so when Tenant first moves Tenant's ’s Property and/or any of its personnel into the PremisesPremises and/or commences construction, except to the extent that Tenant is authorized in this Lease or by Landlord's ’s agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. \Notwithstanding anything set forth in this Section 2.2 to the contrary and without triggering any obligation to pay Fixed Rent, Landlord shall grant Tenant access to the Premises on November 1, 2009 for purposes of installing Tenant’s furniture, fixtures and equipment. Tenant understands and acknowledges that at the time of such early entry the Initial Installations as described in the Work Letter may not be Substantially Complete, and that Tenant shall coordinate such early entry with both Landlord’s facility management team and with the Contractor, abide by all reasonable safety requirements of the Contractor and to use its reasonable efforts to not delay or impede performance of the Initial Installations.

Commencement Date. Upon the Effective Date, the terms and provisions hereof shall be fully binding on Landlord and Tenant prior to the occurrence of the Commencement Date. The Term of this Lease shall commence on that date (the "COMMENCEMENT DATE") which is the earlier to occur of (i) the Effective Date or (ii) the date on which Landlord completes the acquisition of title to the Real Property. Immediately following the close of escrow of Landlord's purchase of the Real Property, Landlord shall advise Tenant in writing of the sameCommencement Date. Unless sooner terminated or extended as hereinafter provided, the Term shall end on the "EXPIRATION DATE" specified in Article 1Expiration Date. If Landlord does not tender possession of Block One the Premises to Tenant on or before the Scheduled Rent Commencement Delivery Date (Block One) or Block Two by the Scheduled Rent Commencement Date (Block Two)any other particular date, for any reason whatsoever, Landlord shall not be liable for any damage thereby, and this Lease shall not be void or voidable thereby, and the Term shall not commence until the Commencement Date. Notwithstanding the foregoing, the Commencement Date shall be extended by one day for each day delivery of the Premises is delayed past the Delivery Date. No In addition, if the Delivery Date does not occur on or before November 1, 2006 then Tenant shall have the right to terminate this Lease effective upon delivery or written notice thereof to Landlord on or before December 1, 2006, provided further, however, that Tenant shall not be entitled to so terminate this Lease if the Delivery Date occurs subsequent to November 1, 2006 but prior to delivery of such notice by Tenant. Landlord shall be deemed to have tendered possession of the Premises to Tenant upon the giving of notice by Landlord to Tenant stating that the Premises are vacant, in the condition required by this Lease and available for Tenant’s occupancy. Except as otherwise provided herein, no failure to tender possession of the applicable portion of the Premises to Tenant on or before the Scheduled Rent Commencement Delivery Date (Block One) or the Scheduled Rent Commencement Date (Block Two), as the case may be, shall in any way affect any other obligations of Tenant hereunder, provided, however, that Landlord . There shall use its commercially reasonable efforts to recover be no postponement of the Commencement Date for any delay in the tender of possession of Block Two on May 31, 2000, or as soon thereafter as is reasonably feasible (without any obligation to commence any unlawful detainer proceedings against Chevron Corporation). In addition, Landlord covenants and agrees not to amend the lease with Chevron Corporation in order to grant Chevron Corporation the right to remain in possession of Block Two after May 31, 2000. In addition, if Landlord is unable to tender Block Two to Tenant on or before May 31, 2000, but Landlord has other available units of space within the Building (the "TEMPORARY SPACE"), then Landlord may (if Landlord elects to do so in its sole discretion), make such Temporary Space available for Tenant's use and occupancy for a period not to exceed 60 days. If which results from any Tenant elects to occupy such Temporary Space, Tenant shall do so on all of the terms and provisions of this Lease (including those with respect to Rent) for such period as Landlord may specify. Landlord shall tender such Temporary Space in its then As-Is condition and shall have no obligation to ready the space for Tenant's use and occupancy. Once the respective Rent Commencement Dates are determined, Landlord and Tenant shall execute an agreement stating the Commencement Date, Rent Commencement Date (Block One), Rent Commencement Date (Block Two) and Expiration Date, but the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession of the Premises, Tenant shall be deemed to have done so when Tenant first moves Tenant's Property and/or any of its personnel into the Premises, except to the extent that Tenant is authorized in this Lease or by Landlord's agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. \Delay.

Commencement Date. Upon April 1, 1997, unless the Effective DateCommencement Date is changed or the Lease is terminated as provided herein. In the event that the Leased Premises cannot be delivered to Tenant for occupancy on or before March 1, 1997, the terms and provisions hereof Commencement Date shall be fully binding on thirty days after the later to occur of (A) Substantial Completion of the Leased Premises (as hereinafter defined in Section 9(e)), or (B) the date the Landlord has delivered possession of the Leased Premises to Tenant, free of all tenants and occupants. Tenant may occupy the Leased Premises for the 30-day period prior to the occurrence Commencement Date, without any obligation to pay any Base Rent hereunder; provided, however, that Tenant will otherwise be required throughout the period of its occupancy prior to the Commencement DateDate to perform all of its other duties and obligations under this Lease. The Term of this Lease shall commence on that date (the "COMMENCEMENT DATE") which is the earlier to occur of (i) the Effective Commencement Date and, unless extended or (ii) the date on which Landlord completes the acquisition of title to the Real Property. Immediately following the close of escrow of Landlord's purchase of the Real Property, Landlord shall advise Tenant in writing of the same. Unless sooner terminated or extended as hereinafter provided, the Term shall end on the "EXPIRATION DATE" specified in Article 1Termination Date, as such dates are respectively defined herein. If Landlord does not tender possession Tenant may elect to accept delivery of Block One to Tenant on or before the Scheduled Rent Commencement Date (Block One) or Block Two by the Scheduled Rent Commencement Date (Block Two), for any reason whatsoever, Landlord shall not be liable for any damage thereby, and this Lease shall not be void or voidable thereby. . No failure to tender possession of the applicable a portion of the Leased Premises to Tenant on or before when such portion is Substantially Complete (as that term is defined in Section 9(e)) without accepting delivery of all of the Scheduled Rent Leased Premises, and the Commencement Date (Block One) or for such portion shall be deemed the Scheduled Rent Commencement Date (Block Two), as date of such acceptance of all of the case may be, shall in any way affect any other obligations of Tenant hereunder, Leased Premises; provided, however, that Landlord shall use its commercially reasonable efforts to recover possession of Block Two on May 31, 2000, or as soon thereafter as is reasonably feasible (without any obligation to commence any unlawful detainer proceedings against Chevron Corporation). In addition, Landlord covenants and agrees not to amend the lease with Chevron Corporation in order to grant Chevron Corporation the right to remain in possession of Block Two after May 31, 2000. In addition, if Landlord is unable to tender Block Two to Tenant on or before May 31, 2000, but Landlord has other available units of space within the Building (the "TEMPORARY SPACE"), then Landlord may (if Landlord elects to do so in its sole discretion), make such Temporary Space available for Tenant's use and occupancy for a period not to exceed 60 days. If Tenant elects to occupy such Temporary Space, Tenant shall do so on all accept delivery of a portion of the terms and provisions of this Lease (including those with respect Leased Premises, then commencing on the date which is 30 days after such acceptance, it will be obligated to Rent) for such period as Landlord may specify. Landlord shall tender such Temporary Space in its then As-Is condition and shall have no obligation to ready pay Base Rent on the space for Tenant's use and occupancy. Once the respective Rent Commencement Dates are determined, Landlord and Tenant shall execute an agreement stating the Commencement Date, Rent Commencement Date (Block One), Rent Commencement Date (Block Two) and Expiration Date, but the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession occupied portion of the Premises, Tenant shall be deemed to have done so when Tenant first moves Tenant's Property and/or any of its personnel into the Premises, except Leased Premises in an amount equal to the extent that Tenant is authorized Base Rent specified in this Lease or Exhibit B to the Lease, multiplied by Landlord's agreement to do any a fraction, having as its numerator the number of rentable square feet contained within the portion of the foregoing without being deemed to have accepted possession Leased Premises so occupied by Tenant, and having as its denominator the number of rentable square feet contained within the entire Leased Premises. \.

Commencement Date. Upon the Effective Date, the terms and provisions hereof shall be fully binding on Landlord and Tenant prior to the occurrence 2.2.1 The Commencement Date listed in Section 1 of this Lease represents an estimate of the actual Commencement Date. The Term of this Lease actual Commencement Date shall commence on that date (be the "COMMENCEMENT DATE") which is the earlier first to occur of the following events: (i) three (3) days after Landlord notifies Tenant the Effective Date Premises are available for Tenant's occupancy in the condition required pursuant to Section 2.1 of this Lease, or (ii) the date on which Landlord completes the acquisition of title to the Real Property. Immediately following the close of escrow of Landlord's purchase Tenant takes possession of the Real Property, Landlord shall advise Tenant in writing of Premises for purposes other than completing tenant improvements. If the same. Unless sooner terminated or extended as hereinafter provided, Commencement Date is later than the Term shall end on the "EXPIRATION DATE" estimated Commencement Date specified in Article 1. If Landlord does not tender possession of Block One to Tenant on or before the Scheduled Rent Commencement Date (Block One) or Block Two by the Scheduled Rent Commencement Date (Block Two)Section 1 above, for any reason whatsoever, Landlord shall not be liable for any damage thereby, and this Lease shall not be void or voidable therebyvoidable. . No failure to tender possession If the Commencement Date is a day other than the first day of the applicable portion calendar month, unless otherwise agreed in writing by Landlord and Tenant, the Term shall not commence until the first day of the Premises to Tenant on or before first calendar month staring after the Scheduled Rent Commencement Date (Block One) or the Scheduled Rent Commencement Date (Block Two)Date, as the case may be, shall in any way affect any other obligations of Tenant hereunder, provided, however, that Landlord shall use its commercially reasonable efforts to recover possession of Block Two on May 31, 2000, or as soon thereafter as is reasonably feasible (without any obligation to commence any unlawful detainer proceedings against Chevron Corporation). In addition, Landlord covenants and agrees not to amend the lease with Chevron Corporation in order to grant Chevron Corporation the right to remain in possession of Block Two after May 31, 2000. In addition, if Landlord is unable to tender Block Two to Tenant on or before May 31, 2000, but Landlord has other available units of space within the Building (the "TEMPORARY SPACE"), then Landlord may (if Landlord elects to do so in its sole discretion), make such Temporary Space available for Tenant's use and occupancy for a period not to exceed 60 days. If Tenant elects to occupy such Temporary Space, Tenant shall do so on however all of the other terms and provisions conditions of this Lease (including those with respect to Rentregarding the payment of rent) for such period as Landlord may specify. Landlord shall tender such Temporary Space in its then As-Is condition and shall have no obligation to ready the space for Tenant's use and occupancy. Once the respective Rent Commencement Dates are determined, Landlord and Tenant shall execute an agreement stating be applicable on the Commencement Date, Rent Commencement Date (Block One), Rent Commencement Date (Block Two) and Expiration Date, but . 2.2.2 Tenant waives any damages which may result from any delay in the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession substantial completion of the Premises, Tenant shall be deemed to have done so when Tenant first moves Tenant's Property and/or any work described in Section 2.1 or delivery of its personnel into the Premises, except to the extent that Tenant is authorized in this Lease or by Landlord's agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. \If Tenant takes possession of the Premises prior to the Commencement Date for the purpose of doing business in the Premises, Tenant's obligation to pay Rent hereunder and to observe and perform all other conditions and agreements hereunder with respect to the Premises shall commence on such earlier date of taking possession of the Premises. Notwithstanding the foregoing, Tenant shall not take possession of the Premises prior to the Commencement Date for such purposes without Landlord's written permission. 2.2.3 In the event that substantial completion of the Tenant Improvements is delayed by reason of delays caused or occasioned by Tenant, this Lease shall commence on the date that this Lease would have commenced had not the completion of Tenant Improvements been so delayed by the Tenant, as reasonably determined by Landlord. 2.2.4 The taking of possession of the Premises by Tenant shall be deemed an acceptance of the Premises and substantial completion by Landlord of the Tenant Improvements. 2.2.5 Promptly after the Commencement Date, Landlord shall complete and send to Tenant the Verification Letter attached to this Lease as Exhibit D. Tenant shall execute and return the Verification Letter to Landlord within fifteen (15) days of receipt.

Commencement Date. Upon The Second Additional Premises Commencement Date and Tenant's obligation to pay rent under the Effective Date, the terms and provisions hereof Seventh Amendment shall be fully binding on governed by Paragraphs 3 and 5 of the Seventh Amendment. However, if there shall be a delay beyond the scheduled Second Additional Premises Commencement Date in the substantial completion of the Improvements as a result of: 7.1 Tenant's failure to submit or revise the Space Plan within the time limits provided herein; 7.2 Tenant's failure to submit or revise the Plans within the time limits provided herein; 7.3 Tenant's failure to approve the Cost Breakdown or to pay the sum specified in Section 5.2 above within the time limits provided herein; 7.4 Tenant's request for Non-Standards, whether as to materials or installation, that extends the time it takes to obtain necessary building permits or other governmental authorizations or extends the time for the construction period; 7.5 Insufficiency of the Plans that extends the time it takes to obtain necessary building permits or other governmental authorizations or changes in the Plans required by the applicable governmental regulatory agencies reviewing the Plans; 7.6 Tenant's changes in the Plans after the approval by Landlord; 7.7 Any other act or omission of Tenant constituting a delay; then the Second Additional Premises Commencement Date shall not occur until such time as the Improvements are substantially complete, however, Tenant shall pay to Landlord and Tenant prior an amount equal to one thirtieth (1/3olh) of the Base Rent due with respect to the occurrence Second Additional Premises for the first full calendar month of the Commencement DateSecond Additional Premises Term for each day of Tenant Delay. The Term of this Lease shall commence on that date (the "COMMENCEMENT DATE") which is the earlier to occur of (i) the Effective Date or (ii) the date on which Landlord completes the acquisition of title to the Real Property. Immediately following the close of escrow of Landlord's purchase Upon substantial completion of the Real PropertyImprovements, Landlord shall advise notify Tenant in writing of the same. Unless sooner terminated or extended as hereinafter provided, reasonable estimate of the Term shall end on the "EXPIRATION DATE" specified in Article 1. If date Landlord does not tender possession of Block One to Tenant on or before the Scheduled Rent Commencement Date (Block One) or Block Two by the Scheduled Rent Commencement Date (Block Two), for any reason whatsoever, Landlord shall not be liable for any damage thereby, and this Lease shall not be void or voidable thereby. . No failure to tender could have delivered possession of the applicable portion of the Second Additional Premises to Tenant on or before the Scheduled Rent Commencement Date (Block One) or the Scheduled Rent Commencement Date (Block Two), as the case may be, shall in any way affect any other obligations of but for Tenant hereunder, provided, however, that Landlord shall use its commercially reasonable efforts to recover possession of Block Two on May 31, 2000, or as soon thereafter as is reasonably feasible (without any obligation to commence any unlawful detainer proceedings against Chevron Corporation). In addition, Landlord covenants and agrees not to amend the lease with Chevron Corporation in order to grant Chevron Corporation the right to remain in possession of Block Two after May 31, 2000. In addition, if Landlord is unable to tender Block Two to Tenant on or before May 31, 2000, but Landlord has other available units of space within the Building (the "TEMPORARY SPACE"), then Landlord may (if Landlord elects to do so in its sole discretion), make such Temporary Space available for Tenant's use and occupancy for a period not to exceed 60 days. If Tenant elects to occupy such Temporary Space, Tenant shall do so on all of the terms and provisions of this Lease (including those with respect to Rent) for such period as Landlord may specify. Landlord shall tender such Temporary Space in its then As-Is condition and shall have no obligation to ready the space for Tenant's use and occupancy. Once the respective Rent Commencement Dates are determined, Landlord Delays and Tenant shall execute an agreement stating immediately pay to Landlord the Commencement Date, Rent Commencement Date (Block One), Rent Commencement Date (Block Two) and Expiration Date, but amount described above for the failure to do so will not affect the determination period of such dates. For purposes of determining whether Tenant has accepted possession of the Premises, Tenant shall be deemed to have done so when Tenant first moves Tenant's Property and/or any of its personnel into the Premises, except to the extent that Tenant is authorized in this Lease or by Landlord's agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. \Delay.

Commencement Date. Upon The term of this Lease ("Lease Term") shall be for the Effective period specified in Paragraph 1.5 above, commencing on the date set forth in Paragraph 1.6 above ("Commencement Date"); provided, however, in the event any improvements to be constructed by Landlord, as set forth on Exhibit "C", are not completed by the aforesaid Commencement Date, then the terms and provisions hereof Commencement Date shall be fully binding deemed to be the date on which the improvements to be constructed by Landlord and Tenant prior are substantially completed. Such improvements shall be deemed to be substantially completed upon the occurrence of the Commencement Date. earlier of the following: (a) The Term of this Lease shall commence date on that date (the "COMMENCEMENT DATE") which is the earlier all improvements to occur of be constructed by Landlord have been substantially completed except for: (i) punch list items which do not prevent Tenant from using the Effective Premises for its intended use; (if) such work as Landlord is required to perform but which is delayed because of fault or neglect of Tenant, acts of Tenant or Tenant's agents (including without limitation delays caused by work done on the Premises by Tenant or Tenant's agents or by acts of Tenant's contractors or subcontractors) or delays caused by change orders requested by Tenant or required because of any errors or omissions in plans submitted by Tenant; and (iii) such work as Landlord is required to perform but cannot complete until Tenant performs necessary portions of construction work it has elected or is required to do; or (b) The issuance of appropriate governmental approvals for occupancy of the Premises; or (c) The date Tenant opens for business in the Premises. If the Commencement Date or (ii) is a date other than the date on which Landlord completes set forth in Paragraph 1.6, then the acquisition of title to the Real Property. Immediately following the close of escrow of Landlord's purchase of the Real Property, Landlord shall advise Tenant Ending Date set forth in writing of the same. Unless sooner terminated or extended as hereinafter providedParagraph 1.7, the Term rental adjustment dates set forth in Paragraph 1.8 and any other dates certain specified herein shall end on be adjusted accordingly. When the "EXPIRATION DATE" specified in Article 1. If Landlord does not tender possession of Block One to Tenant on or before the Scheduled Rent Commencement Date (Block One) or Block Two by the Scheduled Rent Commencement Date (Block Two)Date, for any reason whatsoeverEnding Date, Landlord shall not be liable for any damage therebyrental adjustment dates, and this Lease shall not be void or voidable thereby. . No failure to tender possession of the applicable portion of the Premises to Tenant on or before the Scheduled Rent Commencement Date (Block One) or the Scheduled Rent Commencement Date (Block Two), as the case may be, shall in any way affect any such other obligations of Tenant hereunder, provided, however, that Landlord shall use its commercially reasonable efforts to recover possession of Block Two on May 31, 2000, or as soon thereafter as is reasonably feasible (without any obligation to commence any unlawful detainer proceedings against Chevron Corporation). In addition, Landlord covenants and agrees not to amend the lease with Chevron Corporation in order to grant Chevron Corporation the right to remain in possession of Block Two after May 31, 2000. In addition, if Landlord is unable to tender Block Two to Tenant on or before May 31, 2000, but Landlord has other available units of space within the Building (the "TEMPORARY SPACE"), then Landlord may (if Landlord elects to do so in its sole discretion), make such Temporary Space available for Tenant's use and occupancy for a period not to exceed 60 days. If Tenant elects to occupy such Temporary Space, Tenant shall do so on all of the terms and provisions of this Lease (including those with respect to Rent) for such period as Landlord may specify. Landlord shall tender such Temporary Space in its then As-Is condition and shall have no obligation to ready the space for Tenant's use and occupancy. Once the respective Rent Commencement Dates are determineddates become ascertainable, Landlord and Tenant shall execute an agreement stating specify the Commencement Datesame in writing, Rent Commencement Date (Block One), Rent Commencement Date (Block Two) and Expiration Date, but in the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession form of the Premisesattached Exhibit "D", Tenant which writing shall be deemed to have done so when Tenant first moves incorporated herein. Tenant's Property and/or any failure to execute and deliver the letter attached hereto as Exhibit "D" shall be a Default by Tenant hereunder. The expiration of its personnel into the Premises, except to the extent that Tenant is authorized in Lease Term or sooner termination of this Lease or by Landlord's agreement is referred to do any of herein as the foregoing without being deemed to have accepted possession of the Premises. \"Lease Termination".

Commencement Date. Upon The Commencement Date shall be the Effective earlier of (a) the date of Substantial Completion of the Tenant Improvements in the Premises and (b) the date Tenant commences to conduct business in the Premises. Landlord shall notify Tenant in writing at least five (5) Business Days in advance of the estimated Substantial Completion. If Tenant believes that Substantial Completion has not occurred, Tenant shall notify Landlord in writing of its objections within five (5) Business Days after its receipt of the Landlord's notice described in the preceding sentence. Landlord shall have a reasonable time after its receipt of Tenant's notice in which to take such action as may be necessary to achieve Substantial Completion, and shall notify Tenant in writing when such has been completed. The conduct of business by Tenant from the Premises shall establish the Commencement Date as specified in the definition of that term and the establishment of such fact upon the commencement of the conduct of business shall occur even if Tenant disputes whether Substantial Completion has occurred or attempts to condition or qualify Tenant's acceptance of the Premises. Such commencement of the conduct of business shall further establish that the Premises are in good and satisfactory condition upon such commencement and the Commencement Date has occurred. Tenant acknowledges that no representations as to the condition of the Premises have been made by Landlord, unless such are expressly set forth in this Lease. In the event of any dispute as to whether Substantial Completion has occurred, the certificate of Landlord's architect or general contractor or the certificate of occupancy or the equivalent sign-off by the municipal building inspector shall be conclusive, except that any delay in receipt of such certificate or in Substantial Completion which is caused by Tenant or Tenant's Agents or caused by any of Tenants uncompleted work being contained in the same building permit as the Tenant Improvements shall be charged to Tenant in the amount of the daily Base Rent multiplied by the number of days of such delays. If on the Commencement Date, the terms and provisions hereof shall Punch List Work remains to be fully binding on completed, Landlord and Tenant shall agree on such Punch List Work prior to occupancy by Tenant and Landlord will endeavor to promptly complete it after the Commencement Date. In no event shall Tenant's refusal or failure to agree on the nature and extent of Punch List Work or the existence of items of Punch List Work Delay or postpone the occurrence of the Commencement Date. The Term Tenant shall make no changes to the Plans or the work reflected in the Plans without the prior written consent Of Landlord, which consent shall not be unreasonably withheld. If the estimated date of Substantial Completion changes at any time after Landlord has given notice pursuant to this Paragraph, then Landlord shall give at least five (5) Business Days advance notice of the new estimated date of Substantial Completion. If (a) Substantial Completion has not occurred by the date which is twelve (12) weeks after the Tenant Waiver Date (as defined in Section 4.5 of the Tenant Work Letter) (the "Target Date"), this Lease shall commence on that date (the "COMMENCEMENT DATE") which is the earlier to occur of (i) the Effective Date or (ii) the date on which Landlord completes the acquisition of title to the Real Property. Immediately following the close of escrow of Landlord's purchase of the Real Property, Landlord shall advise Tenant remain in writing of the same. Unless sooner terminated or extended as hereinafter provided, the Term shall end on the "EXPIRATION DATE" specified in Article 1. If Landlord does not tender possession of Block One to Tenant on or before the Scheduled Rent Commencement Date (Block One) or Block Two by the Scheduled Rent Commencement Date (Block Two), for any reason whatsoever, Landlord shall not be liable for any damage thereby, full force and this Lease effect and shall not be void or voidable thereby. . No failure voidable; and (b) such delay is not due to tender possession any delays resulting from or arising out of the applicable portion of the Premises to Tenant on any acts or before the Scheduled Rent Commencement Date (Block One) or the Scheduled Rent Commencement Date (Block Two), as the case may be, shall in any way affect any other obligations omissions of Tenant hereunder, or Tenant's Agents or any Force Majeure event (as defined below; provided, however, that Landlord for purposes of this sentence, the term "Force Majeure" shall use its commercially reasonable efforts to recover possession not include any labor strikes, unless the same are caused by the acts of Block Two on May 31Tenant or Tenant's Agents), 2000then for each day that Substantial Completion is delayed beyond the Target Date, Tenant shall receive one (1) day of Base Rent credit against Base Rent next coming due so long as Tenant has not yet commenced business operations from the Premises and Tenant is not in default beyond applicable cure periods under any of the terms or as soon thereafter as is reasonably feasible (without any obligation to commence any unlawful detainer proceedings against Chevron Corporation)conditions of this Lease. In addition, Landlord covenants and agrees not to amend Notwithstanding the lease with Chevron Corporation in order to grant Chevron Corporation the right to remain in possession of Block Two after May 31, 2000. In additionforegoing, if Substantial Completion has not occurred by the date which is sixteen (16) weeks after the Tenant Waiver Date (the "Outside Date"), and such delay in Substantial Completion is not due in whole or in part to the acts or omissions of Tenant or Tenant's Agents or to any event of Force Majeure (provided, however, that for purposes of this sentence, the term "Force Majeure" shall not include any labor strikes, unless the same are caused by the acts of Tenant or Tenant's Agents), the Tenant shall have the right, as its sole remedy, to terminate this Lease by delivering written notice to Landlord is unable to tender Block Two to Tenant on or before May 31, 2000, but Landlord has other available units of space within the Building tenth (10th) day following the "TEMPORARY SPACE")Outside Date. If Tenant timely and properly exercises its right to terminate this Lease pursuant to this Section, then Landlord may (if Landlord elects shall promptly return the Security Deposit and the Prepaid Rent to do so in its sole discretion), make such Temporary Space available for Tenant's use and occupancy for a period not to exceed 60 days. If Tenant elects fails to occupy deliver such Temporary Space, Tenant shall do so notice on all of or before the terms and provisions of this Lease tenth (including those with respect to Rent10th) for such period as Landlord may specify. Landlord shall tender such Temporary Space in its then As-Is condition and shall have no obligation to ready day following the space for Tenant's use and occupancy. Once the respective Rent Commencement Dates are determined, Landlord and Tenant shall execute an agreement stating the Commencement Outside Date, Rent Commencement Date (Block One), Rent Commencement Date (Block Two) and Expiration Date, but the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession of the Premises, then Tenant shall be deemed to have done so when Tenant first moves Tenant's Property and/or any of waived its personnel into the Premises, except right to the extent that Tenant is authorized in terminate this Lease or by Landlord's agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. \under this Section 2.5.

Commencement Date. Upon the Effective Date, the terms and provisions hereof shall be fully binding on Landlord and Tenant prior to the occurrence of the Commencement Date. The Term of this Lease shall commence on that date (the "COMMENCEMENT DATE") which is the earlier to occur of (i) the Effective Date or (ii) the date on which Landlord completes the acquisition of title to the Real Property. Immediately following the close of escrow of Landlord's purchase of the Real Property, Landlord shall advise Tenant in writing of the sameCommencement Date. Unless sooner terminated or extended as hereinafter provided, the Term shall end on the "EXPIRATION DATE" specified in Article 1Expiration Date. If Landlord does not tender possession of Block One the Premises to Tenant on or before the Scheduled Rent Commencement Date (Block One) or Block Two by the Scheduled Rent Commencement Date (Block Two)Delivery Date, for any reason whatsoever, Landlord shall not be liable for any damage thereby, and this Lease shall not be void or voidable thereby. , and the Term shall not commence until the 90th calendar day after Landlord tenders possession of the Premises to Tenant in the condition required by Article 4. No failure to tender possession of the applicable portion of the Premises to Tenant on or before the Scheduled Rent Commencement Delivery Date (Block One) or the Scheduled Rent Commencement Date (Block Two), as the case may be, shall in any way affect any other obligations of Tenant hereunder, ; provided, however, that if Landlord fails to tender possession of the Premises to Tenant on or before March 1, 2002, then, except to the extent caused by Unavoidable Delays, Tenant shall receive for each day of delay thereafter with respect to the Premises a credit against Fixed Rent in an amount equal to $20,100.00 per day. If Landlord, despite its commercially reasonable efforts, is unable to Commence Construction by November 30, 2000, Landlord, upon written notice to Tenant delivered prior to December 15, 2000, shall have the right to terminate this Lease. For purposes of this Section 2.2, the term "Commences Construction" shall mean the date Landlord's pile-driving subcontractor mobilizes its pile-driving equipment on the Real Property. Landlord shall use its commercially reasonable efforts to recover possession of Block Two on May 31, 2000, or as soon thereafter as is reasonably feasible (without any obligation cause the Base Building Work to commence any unlawful detainer proceedings against Chevron Corporation). In addition, Landlord covenants and agrees not to amend the lease with Chevron Corporation in order to grant Chevron Corporation the right to remain in possession of Block Two after May 31, 2000. In addition, if Landlord is unable to tender Block Two to Tenant be Substantially Complete on or before May 31, 2000, but the Commencement Date. The Base Building Work shall be deemed to be "Substantially Complete" upon the date by which there remains no incomplete or defective item of the Base Building Work that would materially adversely affect Tenant's intended use of the Premises and that Landlord has other available units of space within the Building obtained (the "TEMPORARY SPACE"), then Landlord may (if Landlord elects to do so in its sole discretion), make such Temporary Space available for Tenant's use and occupancy for a period not to exceed 60 days. If Tenant elects to occupy such Temporary Space, Tenant shall do so on all or as of the terms Commencement Date will have obtained) all necessary permits and provisions of this Lease (including those approvals from Governmental Authorities with respect to Rent) the Base Building Work required for such period as Landlord may specify. Landlord shall tender such Temporary Space in its then As-Is condition and shall have no obligation the legal occupancy of the Premises for the Permitted Use (subject to ready Substantial Completion by Tenant of the space for Tenant's use and occupancyInitial Installations). Once the respective Rent Commencement Dates are Date is determined, Landlord and Tenant shall execute an agreement stating the Commencement Date, Rent Commencement Date (Block One), Rent Commencement Date (Block Two) and Expiration Date, but the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession of the Premises, Tenant shall be deemed to have done so when Tenant first moves Tenant's Property and/or any of its personnel into the Premises, except to the extent that Tenant is authorized in this Lease or by Landlord's agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. \.

Commencement Date. Upon The term of this Lease ("Lease Term") shall be for the Effective period specified in Paragraph 1.5 above, commencing on the date set forth in Paragraph 1.6 ("Commencement Date"); provided, however, in the event the ADA Work and any UBC Work to be performed by Landlord as to which Landlord has been advised prior to the Execution Date, if any ("Landlord's Work"), is not completed by the terms and provisions hereof aforesaid Commencement Date, then the Commencement Date shall be fully binding the date on Landlord and Tenant prior which Landlord's Work is substantially completed. Landlord's Work shall be deemed to be substantially completed upon the occurrence of the Commencement Date. earlier of the following: (a) The Term date on which all improvements to be constructed by Landlord have been substantially completed except for punch list items which do not prevent Tenant from using the Premises for its intended use, and the appropriate governmental approvals for occupancy of this Lease shall commence the Premises have been issued; or (b) The date on that date (the "COMMENCEMENT DATE") which all improvements to be constructed by Landlord would have been substantially completed except for such work as Landlord is required to perform but which is delayed because of any of the earlier to occur of following (each, a "Tenant Delay"): (i) fault or neglect of Tenant, acts of Tenant or Tenant's agents (including without limitation delays caused by work done on the Effective Date Premises by Tenant or Tenant's agents or by acts of Tenant's contractors or subcontractors); (ii) delays caused by change orders requested by Tenant or required because of any errors or omissions in plans submitted by Tenant: and (iii) such work as Landlord is required to perform but cannot complete until Tenant performs necessary portions of construction work it has elected or is required to do; or (c) The date Tenant opens for business in the Premises. If the improvements to be constructed by Landlord are deemed to be substantially completed pursuant to Paragraph 3.1(b) above, Tenant acknowledges that the Commencement Date shall occur, and therefore Tenant's obligation to pay Rentals shall commence, earlier than the date on which Landlord completes the acquisition of title to the Real Property. Immediately following the close of escrow actual completion of Landlord's purchase Work. Landlord's Work shall be deemed to be substantially completed one day earlier than the date of actual completion for each day that actual completion is delayed by reason of a Tenant Delay. If the Real PropertyCommencement Date is a date other than the date set forth in Paragraph 1.6, Landlord shall advise Tenant then the Ending Date set forth in writing of the same. Unless sooner terminated or extended as hereinafter providedParagraph 1.7, the Term rental adjustment dates set forth in Paragraph 1.8 and any other certain dates specified herein shall end on be adjusted accordingly. When the "EXPIRATION DATE" specified in Article 1. If Landlord does not tender possession of Block One to Tenant on or before the Scheduled Rent Commencement Date (Block One) or Block Two by the Scheduled Rent Commencement Date (Block Two)Date, for any reason whatsoeverEnding Date, Landlord shall not be liable for any damage therebyrental adjustment dates, and this Lease shall not be void or voidable thereby. . No failure to tender possession of the applicable portion of the Premises to Tenant on or before the Scheduled Rent Commencement Date (Block One) or the Scheduled Rent Commencement Date (Block Two), as the case may be, shall in any way affect any such other obligations of Tenant hereunder, provided, however, that Landlord shall use its commercially reasonable efforts to recover possession of Block Two on May 31, 2000, or as soon thereafter as is reasonably feasible (without any obligation to commence any unlawful detainer proceedings against Chevron Corporation). In addition, Landlord covenants and agrees not to amend the lease with Chevron Corporation in order to grant Chevron Corporation the right to remain in possession of Block Two after May 31, 2000. In addition, if Landlord is unable to tender Block Two to Tenant on or before May 31, 2000, but Landlord has other available units of space within the Building (the "TEMPORARY SPACE"), then Landlord may (if Landlord elects to do so in its sole discretion), make such Temporary Space available for Tenant's use and occupancy for a period not to exceed 60 days. If Tenant elects to occupy such Temporary Space, Tenant shall do so on all of the terms and provisions of this Lease (including those with respect to Rent) for such period as Landlord may specify. Landlord shall tender such Temporary Space in its then As-Is condition and shall have no obligation to ready the space for Tenant's use and occupancy. Once the respective Rent Commencement Dates are determineddates become ascertainable, Landlord and Tenant shall specify the same in writing, in the form of the attached Exhibit D, which writing shall be deemed incorporated herein. Tenant's failure to execute an agreement stating and deliver the Commencement Date, Rent Commencement Date letter attached hereto as Exhibit D within thirty (Block One), Rent Commencement Date (Block Two30) and Expiration Date, but the failure days after Tenant receives written request from Landlord to do so will not affect (subject to any legitimate disagreement by Tenant with the determination of such datesterms thereof, which both parties shall use reasonable efforts to resolve) shall be a Default by Tenant hereunder. For purposes of determining whether Tenant has accepted possession The expiration of the Premises, Tenant shall be deemed to have done so when Tenant first moves Tenant's Property and/or any Lease Term or sooner termination of its personnel into the Premises, except to the extent that Tenant is authorized in this Lease or by Landlord's agreement is referred to do any of herein as the foregoing without being deemed to have accepted possession of the Premises. \"Lease Termination."

Commencement Date. Upon the Effective Date, the terms and ----------------- provisions hereof shall be fully binding on Landlord and Tenant prior to the occurrence of the Commencement DateDate (as hereinafter defined). The Term of this Lease shall commence on that date (the "COMMENCEMENT DATECommencement Date") which is the earlier to occur later of the (i) the Effective Date "Scheduled Commencement Date" specified in Article 1, or (ii) the date on which Landlord completes the acquisition of title to the Real Property. Immediately following the close of escrow of Landlord's purchase any portion of the Real Property, Landlord shall advise Tenant Premises comprising at least a full floor is deemed Ready for Occupancy (as such term is defined in writing of the sameWorkletter Agreement (as hereinafter defined)). Unless sooner terminated or extended as hereinafter provided, the Term shall end on the "EXPIRATION DATEExpiration Date" specified in Article 1. Landlord shall use its commercially reasonable efforts to tender all four (4) of the floors comprising the Premises within thirty (30) days following the Term Commencement Date. Tenant's obligation to pay Fixed Rent and Operating Expenses and Taxes shall commence on a Floor by Floor basis as each such Floor is tendered to Tenant in its Ready for Occupancy condition. If Landlord does not tender possession of Block One all or any portion of the Premises to Tenant on or before the Scheduled Rent Commencement Date (Block One) or Block Two by the Scheduled Rent Commencement Date (Block Two), in its Ready for Occupancy condition for any reason whatsoever, Landlord shall not be liable for any damage thereby, and this Lease shall not be void or voidable thereby, and Tenant shall not be liable for any Rent or any other sums payable by Tenant hereunder with respect to any nontendered portion of the Premises (except for (1) any special services provided by Landlord at Tenant's request with the understanding that Tenant's obligation to pay therefor is not conditioned upon delivery of the Premises and which are not customarily provided to tenants of buildings comparable to the Building except at additional cost and (2) any damages or claims under any indemnities by Tenant set forth in this Lease) until Landlord tenders possession of such portion of the Premises to Tenant in its Ready for Occupancy condition, unless the delay in tendering possession of the Premises to Tenant is caused by "Tenant Delays" as defined in the Workletter Agreement. If any such delay in Landlord's tendering possession of the Premises to Tenant is caused by Tenant Delays, then Tenant shall be liable for Rent commencing on the date Landlord would have been able to tender possession of the Premises to Tenant with the Premises in its Ready for Occupancy condition had there not occurred Tenant Delays. No failure to tender possession of the applicable portion of the Premises to Tenant on or before the Scheduled Rent Commencement Date (Block One) or the Scheduled Rent Commencement Date (Block Two), as the case may be, shall in any way affect any other obligations of Tenant hereunder, ; provided, however, that if Landlord shall use its commercially reasonable efforts fails to recover tender possession of Block Two on May the Premises in their Ready for Occupancy condition by December 31, 2000, or as soon thereafter as is reasonably feasible (without any obligation to commence any unlawful detainer proceedings against Chevron Corporation). In addition, Landlord covenants and agrees not to amend the lease with Chevron Corporation in order to grant Chevron Corporation the right to remain in possession of Block Two after May 31, 2000. In addition, if Landlord is unable to tender Block Two to Tenant on or before May 31, 2000, but Landlord has other available units of space within the Building 2000 (the "TEMPORARY SPACETermination Date"), which Termination Date shall be extended one (1) day for each day of Tenant Delays, then Landlord may (if Landlord elects Tenant shall have the right, upon prior written notice to do so Landlord, to terminate this Lease, unless, prior to the Termination Date specified in its sole discretion), make such Temporary Space available for Tenant's use and occupancy Termination Notice, Landlord tenders possession of the Premises to Tenant in their Ready for a period not to exceed 60 daysOccupancy condition. If Tenant elects to occupy such Temporary Spaceso terminate this Lease, Landlord shall not be obligated to reimburse Tenant shall do so on all for the costs of the terms and provisions planning, design or construction of this Lease the Improvements (including those with respect as hereinafter defined) paid for by Tenant prior to Rent) for such period as Landlord may specify. Landlord shall tender such Temporary Space in its then As-Is condition and shall have no obligation to ready the space for Tenant's use and occupancyeffective date of termination. Once all four (4) floors of the respective Rent Premises have been delivered and the Commencement Dates are Date has been determined, Landlord and Tenant shall execute an agreement amendment to this Lease stating the Commencement Date, the Expiration Date and the dates Fixed Rent Commencement Date commenced for each of the four (Block One), Rent Commencement Date (Block Two4) and Expiration Datefloors comprising the Premises, but the any failure to do so will execute such an amendment shall not affect the determination of such datesdates hereunder. For Tenant shall have the right, prior to the Commencement Date, to enter the Premises for purposes of determining whether Tenant has accepted possession of planning, constructing and installing Tenant's furnishings and equipment in the Premises, Tenant including, without limitation, Tenant's installation of telecommunications and computer cables, provided that in connection with any such early entry (a) Landlord reasonably determines that such entry would not unreasonably impede or interfere with Landlord's construction of the Improvements and (b) Tenant's entry shall be deemed subject to have done so when such safety procedures and restrictions as Landlord's contractor may reasonably impose. To the fullest extent permitted by law but excluding the gross negligence or willful misconduct of Landlord or its employees, agents or contractors, Tenant first moves hereby assumes the entire risk of damage of, or injury to, any of Tenant's Property and/or furniture, furniture systems or equipment installed or placed in any portion of its personnel into the Premises, except Premises by Tenant prior to the extent that Tenant is authorized in this Lease or by Landlord's agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. \Commencement Date.

Commencement Date. Upon the Effective Date, the terms and provisions hereof shall be fully binding on Landlord and Tenant prior to the occurrence of the Commencement Date. The Term of this Lease shall commence on that date (the "COMMENCEMENT DATE") which is " shall mean the earlier last to occur of (ia) the Effective Date or date Tenant has received the certificate of Architect that the Building has been substantially completed in accordance with Paragraph 3.B; (iib) sixty (60) days after the date Tenant has received the certificate of Landlord's Space Planner and of Tenant's Space Planner that the Premises have been substantially completed pursuant to the Tenant Improvement Plans; and (c) the date on which Landlord completes the acquisition of title to the Real Property. Immediately following the close of escrow of Landlord's purchase of the Real Propertyhas secured all necessary certificates, Landlord shall advise Tenant in writing of the same. Unless sooner terminated or extended as hereinafter providedauthorizations, the Term shall end on the "EXPIRATION DATE" specified in Article 1. If Landlord does not tender possession of Block One to Tenant on or before the Scheduled Rent Commencement Date (Block One) or Block Two by the Scheduled Rent Commencement Date (Block Two), permits and approvals customarily given for any reason whatsoever, Landlord shall not be liable for any damage thereby, and this Lease shall not be void or voidable thereby. . No failure to tender possession of the applicable portion occupancy of the Premises from the applicable governmental authorities, provided that Tenant is allowed to Tenant on or before occupy the Scheduled Rent Commencement Date (Block One) or the Scheduled Rent Commencement Date (Block Two), as the case may be, shall in any way affect any other obligations of Tenant hereunder, provided, however, that Landlord shall use its commercially reasonable efforts to recover possession of Block Two on May 31, 2000, or as soon thereafter as is reasonably feasible (without any obligation to commence any unlawful detainer proceedings against Chevron Corporation). In addition, Landlord covenants and agrees not to amend the lease with Chevron Corporation in order to grant Chevron Corporation the right to remain in possession of Block Two after May 31, 2000. In addition, if Landlord is unable to tender Block Two to Tenant on or before May 31, 2000, but Landlord has other available units of space within the Building (the "TEMPORARY SPACE"), then Landlord may (if Landlord elects to do so in its sole discretion), make such Temporary Space available for Tenant's use and occupancy for a period not to exceed 60 daysPremises. If Tenant elects to occupy such Temporary Space, Tenant shall do so on all of the terms and provisions of this Lease (including those with respect to Rent) for such period as Landlord may specify. Landlord shall tender such Temporary Space in its then As-Is condition and shall have no obligation to ready the space for Tenant's use and occupancy. Once the respective Rent Commencement Dates are determined, Landlord and Tenant shall execute an agreement stating the Commencement Date, Rent Commencement Date (Block One), Rent Commencement Date (Block Two) and Expiration Date, but the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession of the Premises, Tenant shall be deemed to have done so when Tenant first moves Tenant's Property and/or any of its personnel into the Premises, except to the extent that Tenant is authorized Delay (as defined in the Work Letter) shall be the sole cause of delay of the Commencement Date to a date subsequent to that on which the Commencement Date would have occurred had such Tenant Delay not occurred, then notwithstanding the foregoing definition of Commencement Date, the Commencement Date for all purposes of this Lease or by shall be deemed to be such earlier date as the Commencement Date would have occurred had such Tenant Delay not occurred. If the Landlord's agreement Space Planner and Tenaxx'x Xpace Planner are unable to do any agree as to the date of such substantial completion of the foregoing without being deemed entire Premises, such matter shall be determined in accordance with Paragraph 3.E. hereof. Landlord shall provide Tenant with at least sixty (60) days prior written notice of the anticipated substantial completion of the entire Premises and Building as described in Paragraph 3.B. and a second written notice on the date which Landlord claims as the actual substantial completion date for the Premises which shall be sixty days prior to have accepted possession the Commencement Date. Landlord shall from time to time during construction on the Premises provide Tenant with at least sixty (60) days prior written notice of the anticipated substantial completion date of each full floor portion of the Premises, and a second written notice on the date which it claims as the actual substantial completion date of each such floor. \After the actual substantial completion date asserted by Landlord for any floor of the Premises, upon five (5) business days prior written notice to Landlord, Tenant shall be entitled to take possession of such floor and occupy it for Tenant's business without charge, except for Landlord's ascertainable out-of-pocket costs for those services specified in Paragraphs 8.A.(i) and (iii) and 8.A.(x) (if Tenant is the only tenant in the Building and additional security is required because of Tenaxx'x xccupancy), which in each case are directly attributable to Tenaxx'x xossession of the portion of the Premises in question.

Commencement Date. Upon the Effective Date, the terms and provisions hereof shall be fully binding on Landlord and Tenant prior to the occurrence of the Commencement Date. The Term of this Lease shall commence on that date (the "COMMENCEMENT DATE") which is the earlier to occur of (i) the Effective Date or (ii) the date on which Landlord completes the acquisition of title to the Real Property. Immediately following the close of escrow of Landlord's purchase of the Real Property, Landlord shall advise Tenant in writing of the sameCommencement Date. Unless sooner terminated or extended as hereinafter provided, the Term shall end on the "EXPIRATION DATE" specified in Article 1Expiration Date. If Landlord does not tender possession of Block One the Premises to Tenant on or before the Scheduled Rent Commencement Date (Block One) or Block Two by the Scheduled Rent Commencement Date (Block Two)Delivery Date, for any reason whatsoever, Landlord shall not be liable for any damage thereby, and this Lease shall not be void or voidable thereby. , and the Term shall not commence until the 90th calendar day after Landlord tenders possession of the Premises to Tenant in the condition required by Article 4. No failure to tender possession of the applicable portion of the Premises to Tenant on or before the Scheduled Rent Commencement Delivery Date (Block One) or the Scheduled Rent Commencement Date (Block Two), as the case may be, shall in any way affect any other obligations of Tenant hereunder, ; provided, however, that if Landlord fails to tender possession of the Premises to Tenant on or before September 1, 2000, then, except to the extent caused by Unavoidable Delays, Tenant shall receive for each day of delay thereafter with respect to the Premises a credit against Fixed Rent in an amount equal to $8,000.00 per day. Landlord shall use its commercially reasonable efforts to recover possession of Block Two on May 31, 2000, or as soon thereafter as is reasonably feasible (without any obligation cause the Base Building Work to commence any unlawful detainer proceedings against Chevron Corporation). In addition, Landlord covenants and agrees not to amend the lease with Chevron Corporation in order to grant Chevron Corporation the right to remain in possession of Block Two after May 31, 2000. In addition, if Landlord is unable to tender Block Two to Tenant be Substantially Complete on or before May 31, 2000, but the Commencement Date. The Base Building Work shall be deemed to be "Substantially Complete" upon the date by which there remains no incomplete or defective item of the Base Building Work that would materially adversely affect Tenant's intended use of the Premises and that Landlord has other available units of space within the Building obtained (the "TEMPORARY SPACE"), then Landlord may (if Landlord elects to do so in its sole discretion), make such Temporary Space available for Tenant's use and occupancy for a period not to exceed 60 days. If Tenant elects to occupy such Temporary Space, Tenant shall do so on all or as of the terms Commencement Date will have obtained) all necessary permits and provisions of this Lease (including those approvals from Governmental Authorities with respect to Rent) the Base Building Work required for such period as Landlord may specify. Landlord shall tender such Temporary Space in its then As-Is condition and shall have no obligation the legal occupancy of the Premises for the Permitted Use (subject to ready Substantial Completion by Tenant of the space for Tenant's use and occupancyInitial Installations). Once the respective Rent Commencement Dates are Date is determined, Landlord and Tenant shall execute an agreement stating the Commencement Date, Rent Commencement Date (Block One), Rent Commencement Date (Block Two) and Expiration Date, but the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession of the Premises, Tenant shall be deemed to have done so when Tenant first moves Tenant's Property and/or any of its personnel into the Premises, except to the extent that Tenant is authorized in this Lease or by Landlord's agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. \.

Commencement Date. Upon the Effective The "Commencement Date, the terms and provisions hereof " of this lease shall be fully binding on Landlord and Tenant prior to the occurrence of the Commencement Date. The Term of this Lease shall commence on that date (the "COMMENCEMENT DATE") which is the earlier to occur of (i) the Effective Date date Tenant occupies all or any portion of the Premises for the purpose of conducting business therein, or (ii) the date on which Landlord completes the acquisition of title to the Real Property. Immediately following the close of escrow of Landlord's purchase of the Real PropertyMay 7, Landlord shall advise Tenant in writing of the same. Unless sooner terminated or extended as hereinafter provided, the Term shall end on the "EXPIRATION DATE" specified in Article 1. If Landlord does not tender possession of Block One to Tenant on or before the Scheduled Rent Commencement Date 2001 (Block One) or Block Two by the Scheduled Rent Commencement Date (Block Two), for any reason whatsoever, Landlord shall not be liable for any damage thereby, and this Lease shall not be void or voidable thereby. . No failure to tender possession of the applicable portion of the Premises to Tenant on or before the Scheduled Rent Commencement Date (Block One) or the Scheduled Rent Commencement Date (Block Two), as the case may be, shall in any way affect any other obligations of Tenant hereunder, provided, however, that this date shall be extended day for day by reason of any delay past March 1, 2001, in the substantial completion of the base Building shell, other than delay caused by Tenant or its contractors. In order for Landlord to assert a Tenant delay in the completion of the base Building pursuant to the preceding sentence, Landlord must notify Tenant in writing of any circumstance constituting a Tenant delay within 2 business days of Landlord's knowledge that such circumstance has resulted or is likely to result in a delay. The outside Commencement Date of May 7, 2001 shall use its commercially also be extended day for day for any Excused Delay in the construction of the Initial Tenant Improvements. Excused Delay shall be mean delay in the substantial completion of the Initial Tenant Improvements resulting from the following, and only the following events or circumstances: floods, fire, tornado, earthquake or other casualties or natural disasters, war or national emergency, governmental restrictions and limitations or any cause similar to the foregoing beyond the reasonable efforts control of Tenant or Tenant's contractors, subcontractors or suppliers, except that the term Excused Delay shall expressly exclude delays due to recover possession snow, cold weather or similar adverse weather conditions, strikes or other labor troubles or due to scarcity or unavailability of Block Two on May 31fuel, 2000, labor or as soon thereafter as is reasonably feasible materials (without any obligation unless directly related to commence any unlawful detainer proceedings against Chevron Corporationone of the expressly enumerated causes above). In additionorder for Tenant to claim an extension of the Commencement Date resulting from an Excused Delay, Tenant must (i) notify Landlord covenants in writing of any circumstance constituting an Excused Delay within 2 business days of Tenant's knowledge that such circumstance has resulted or is likely to result in a delay, and agrees not (ii) submit to amend Landlord a certification by Tenant's architect of the lease with Chevron Corporation in order length of the delay resulting from such circumstance, which certification shall be subject to grant Chevron Corporation the right to remain in possession reasonable review and approval of Block Two after May 31, 2000Landlord's architect. In additionno event shall Excused Delays, if Landlord is unable to tender Block Two to Tenant on or before May 31in the aggregate, 2000, but Landlord has other available units of space within the Building (the "TEMPORARY SPACE"), then Landlord may (if Landlord elects to do so in its sole discretion), make such Temporary Space available for Tenant's use and occupancy for a period not to exceed 60 days. If Tenant elects to occupy such Temporary Space, Tenant shall do so on all of the terms and provisions of this Lease (including those with respect to Rent) for such period as Landlord may specify. Landlord shall tender such Temporary Space in its then As-Is condition and shall have no obligation to ready the space for Tenant's use and occupancy. Once the respective Rent Commencement Dates are determined, Landlord and Tenant shall execute an agreement stating the Commencement Date, Rent Commencement Date (Block One), Rent Commencement Date (Block Two) and Expiration Date, but the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession of the Premises, Tenant shall be deemed to have done so when Tenant first moves Tenant's Property and/or any of its personnel into the Premises, except to the extent that Tenant is authorized in this Lease or by Landlord's agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. \.

Commencement Date. Upon the Effective Date, the terms and provisions hereof The Commencement Date shall be fully binding on Landlord and Tenant prior to the occurrence of the Commencement Date. The Term of this Lease shall commence on that date (the "COMMENCEMENT DATE") which is the earlier to occur earliest of (i) the Effective Date or (iia) the date on which Landlord completes Tenant takes possession of or commences business operations upon the acquisition of title to Premises or any part thereof ("Lease Commencement Date"); or (b) the Real Property. Immediately following the close of escrow of date on which Landlord's purchase Work (as described in Section 14 below) is substantially completed ("Rental Commencement Date"). The Commencement Date of the Real Property, Landlord Lease shall advise be thirty (30) days after the Premises are substantially complete. Substantial Completion shall be evidenced when (a) final inspection is approved by the City of Carlsbad and Tenant is legally permitted to occupy the Premises for the conduct of its business; (b) all Building systems are in writing good working order to support the operation of the same. Unless sooner terminated or extended as hereinafter provided, Premises; and (c) the Term shall end on the "EXPIRATION DATE" specified in Article 1. If Landlord does not tender possession of Block One to Tenant on or before Improvements are complete excepting industry-standard punch-list items. 2.2.1 Notwithstanding the Scheduled Rent Commencement Date (Block One) or Block Two by set forth in the Scheduled Rent Commencement Date (Block Two)Basic Lease Provisions, if for any reason whatsoever, Landlord shall cannot be liable for any damage thereby, and this Lease shall not be void or voidable thereby. . No failure to tender deliver possession of the applicable portion of the Premises to Tenant on or before said date, Landlord shall not be subject to any liability therefor, nor shall such failure affect the Scheduled Rent Commencement Date (Block One) validity of this Lease or the Scheduled Rent Commencement Date (Block Two)obligations of Tenant hereunder or extend the term hereof, as the case may bebut in such case, Tenant shall in any way affect not be obligated to pay rent or perform any other obligations of Tenant hereunderunder the terms of this Lease, providedexcept as may be otherwise provided in this Lease, until possession of the Premises is delivered to Tenant. If, however, that Landlord shall use its commercially reasonable efforts to recover not have delivered possession of Block Two on May 31the Premises within sixty (60) days following said Scheduled Commencement Date for any reason, 2000other than Tenants Delays as defined in the Work Letter attached hereto as Exhibit "D" and delays beyond the reasonable control of Landlord, Tenant may, at Tenant's option, by notice in writing to Landlord within ten (10) days thereafter, advise Landlord of Tenant's intent to cancel this Lease. Within ten (10) days after its receipt of such notice, Landlord shall submit to Tenant a statement of all costs and expenses incurred or irrevocably committed by Landlord for non-standard improvements to the Premises up to the date of Landlord's receipt of Tenant's notice of intent to cancel. This Lease shall thereafter be cancelled, and the parties shall be discharged from all obligations hereunder, if and only if Tenant reimburses Landlord for all such costs and expenses as stated in Landlord's notice within ten (10) days after Tenant's receipt thereof, and Landlord shall thereupon return any money previously deposited by Tenant. If such written notice of intent to cancel by Tenant is not timely received by Landlord, or Tenant's reimbursement for such costs and expenses is not timely received by Landlord, as soon thereafter as is reasonably feasible (without any obligation to commence any unlawful detainer proceedings against Chevron Corporation). In additionaforesaid, Landlord covenants and agrees not to amend the lease with Chevron Corporation then in order to grant Chevron Corporation the either such event Tenant's right to remain in possession cancel this Lease hereunder shall terminate and be of Block Two after May 31, 2000. In addition, if Landlord is unable to tender Block Two no further force or effect. 2.2.2 Possession of the premises shall be deemed delivered to Tenant on or before May 31when (1) the improvements to be provided by Landlord under this Lease are substantially completed, 2000, but Landlord has other available units of space within (2) the Building Utilities are ready for use in the Premises, and (3) Tenant has reasonable access to the "TEMPORARY SPACE"Premises. 2.2.3 If Tenant occupies the Premises prior to said Commencement Date (other than to install and/or store furniture and equipment), then Landlord may (if Landlord elects such occupancy shall be subject to do so in its sole discretion), make such Temporary Space available for Tenant's use and occupancy for a period not to exceed 60 days. If Tenant elects to occupy such Temporary Space, Tenant shall do so on all of the terms and provisions of this Lease (including those with respect to Rent) for Lease, such period as Landlord may specify. Landlord occupancy shall tender such Temporary Space in its then As-Is condition and shall have no obligation to ready not change the space for Tenant's use and occupancy. Once the respective Rent Commencement Dates are determinedtermination date, Landlord and Tenant shall execute an agreement stating the Commencement Date, Rent Commencement Date (Block One), Rent Commencement Date (Block Two) and Expiration Date, but the failure to do so will not affect the determination of pay rent for such dates. For purposes of determining whether Tenant has accepted possession of the Premises, Tenant shall be deemed to have done so when Tenant first moves Tenant's Property and/or any of its personnel into the Premises, except to the extent that Tenant is authorized in this Lease or by Landlord's agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. \occupancy.

Commencement Date. Upon the Effective Date, the terms and provisions hereof The term of this Lease (“Term”) shall be fully binding seven (7) years commencing on Landlord and Tenant prior to the occurrence of the Commencement DateDate (defined below), unless sooner terminated and subject to any extension granted hereunder. The Term “Commencement Date” of this Lease shall commence on that date (be the "COMMENCEMENT DATE") which is the earlier to occur later of (i) the Effective Date March 1, 2011; or (ii) the date on which of substantial completion of the Tenant Improvements to be completed by Landlord completes the acquisition of title pursuant to the Real Property. Immediately following the close of escrow of Landlord's purchase terms of the Real PropertyWork Letter Agreement attached as EXHIBIT C. For purposes of this Lease, Landlord the date of substantial completion shall advise Tenant in writing be the date that all of the same. Unless sooner terminated following has occurred: (i) the Tenant Improvements are complete except for minor items of adjustment or extended repair of the type commonly found on an architect’s punchlist which would not materially interfere with Tenant’s use and enjoyment of the Premises; and (ii) the City of Sunnyvale has approved the Tenant Improvements in accordance with its building code, evidenced by its completion of a final inspection and written approval of such improvements as hereinafter provided, so completed in accordance with the Term shall end on building permit issued for the "EXPIRATION DATE" specified in Article 1Tenant Improvements. If Landlord does cannot tender deliver possession of Block One the Premises to Tenant with the Tenant Improvements substantially complete on or before the Scheduled Rent Commencement Date (Block One) or Block Two by the Scheduled Rent Commencement Date (Block Two)March 1, for any reason whatsoever2011, Landlord shall not be liable for any damage thereby, and this Lease shall not be void or voidable therebyvoidable, nor shall Landlord, or Landlord’s Agents be liable to Tenant for any loss or damage resulting therefrom. . No failure In such event, subject to tender the provisions of Paragraph 3(c), Tenant shall not be liable for Rent until Landlord delivers possession of the applicable portion of the Premises to Tenant on or before with the Scheduled Rent Commencement Date (Block One) or Tenant Improvements substantially complete, and the Scheduled Rent Commencement Date (Block Two), as expiration date of the case may be, Term shall in any way affect any other obligations be extended by the same number of Tenant hereunder, provided, however, days that Landlord shall use its commercially reasonable efforts to recover Tenant’s possession of Block Two on May 31, 2000, or as soon thereafter as the Premises is reasonably feasible (without any obligation to commence any unlawful detainer proceedings against Chevron Corporation)delayed. In addition, Landlord covenants and agrees not to amend Notwithstanding the lease with Chevron Corporation in order to grant Chevron Corporation the right to remain in possession of Block Two after May 31, 2000. In additionforegoing, if Landlord is unable to tender Block Two deliver possession of the Premises to Tenant on or before May with the Tenant Improvements substantially complete by August 31, 2000, but Landlord has 2011 for any reason other available units of space within the Building (the "TEMPORARY SPACE")than a Tenant Delay, then Landlord may (if Landlord elects to do so in its sole discretion), make such Temporary Space available for Tenant's use and occupancy for a period not to exceed 60 days. If Tenant elects to occupy such Temporary Space, Tenant shall do so on all of have the terms and provisions of right to terminate this Lease (including those with respect by delivery of written notice to Rent) landlord no later than September 15, 2011. Tenant’s right to terminate this Lease as permitted herein shall be Tenant’s sole and exclusive remedy for such period as Landlord’s inability to complete the Tenant Improvements by August 31, 2011, and Landlord may specify. Landlord shall tender such Temporary Space in its then As-Is condition and shall have no obligation liability to ready the space Tenant for Tenant's use and occupancy. Once the respective Rent Commencement Dates are determined, Landlord and any other damages or losses suffered or incurred by Tenant shall execute an agreement stating the Commencement Date, Rent Commencement Date (Block One), Rent Commencement Date (Block Two) and Expiration Date, but the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession of the Premises, Tenant shall be deemed to have done so when Tenant first moves Tenant's Property and/or any of its personnel into the Premises, except to the extent that Tenant is authorized in this Lease or by Landlord's agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. \as a result thereof.

Commencement Date. Upon The preceding time limitation notwithstanding, if during the Effective Datecourse of construction of the Tenant Improvements, Tenant discovers that any element of the Building or the Project described in the first sentence of this paragraph is not in compliance with applicable laws, codes and regulations (including, without limitation, the terms ADA), Tenant shall give written notice of such non-compliance to Landlord promptly upon discovery, and provisions hereof Landlord shall use its best efforts to cause such non-compliance to be corrected at Landlord’s sole cost with the least possible interference with, or delay in, Tenant’s construction of the Tenant Improvements. Except as expressly provided in this Section 6.A above, the Building shall be fully binding on Landlord delivered to Tenant, and Tenant prior shall accept such delivery, in its then “AS IS, WITH ALL FAULTS” condition, without representation or warranty of any kind, express or implied, other than any which may be expressly contained in this Lease, and with no obligation on the part of Landlord to the occurrence of the Commencement Date. The Term of perform any other work (other than such work as this Lease shall commence on that date (expressly states must be performed by Landlord during the "COMMENCEMENT DATE") which is the earlier to occur of (i) the Effective Date or (ii) the date on which Landlord completes the acquisition of title to the Real PropertyLease Term). Immediately following the close of escrow of Landlord's purchase of the Real Property, Landlord shall advise Tenant in writing of the same. Unless sooner terminated or extended as hereinafter provided, the Term shall end on the "EXPIRATION DATE" specified in Article 1. If Landlord does not tender possession of Block One to Tenant on or before the Scheduled Rent Commencement Date (Block One) or Block Two by the Scheduled Rent Commencement Date (Block Two), for any reason whatsoever, Landlord shall not be liable for any damage therebyor loss incurred by Tenant for Landlord’s failure for whatever cause to deliver possession of the Premises by a particular date (including the Commencement Date), and nor shall this Lease shall not be void or voidable thereby. . No on account of such failure to tender deliver or delay in delivering possession of the applicable portion Premises; provided that if Landlord does not deliver possession of the Premises Building to Tenant on or before the Scheduled Rent Commencement Date by September 1, 2013, (Block Onei) or the Scheduled Rent Commencement Date (Block Two), as the case may be, Tenant shall in any way affect any other obligations of Tenant hereunder, provided, however, that Landlord shall use its commercially reasonable efforts to recover possession of Block Two on May 31, 2000, or as soon thereafter as is reasonably feasible (without any obligation to commence any unlawful detainer proceedings against Chevron Corporation). In addition, Landlord covenants and agrees not to amend the lease with Chevron Corporation in order to grant Chevron Corporation have the right to remain in possession of Block Two after May 31, 2000. In addition, if Landlord is unable to tender Block Two to Tenant on or before May 31, 2000, but Landlord has other available units of space within the Building (the "TEMPORARY SPACE"), then Landlord may (if Landlord elects to do so in its sole discretion), make such Temporary Space available for Tenant's use and occupancy for a period not to exceed 60 days. If Tenant elects to occupy such Temporary Space, Tenant shall do so on all of the terms and provisions of terminate this Lease by written notice delivered to Landlord within five (including those with respect to Rent5) for such period as Landlord may specify. Landlord shall tender such Temporary Space in its then As-Is condition business days thereafter, and shall have no obligation to ready the space for Tenant's use and occupancy. Once the respective Rent Commencement Dates are determined, Landlord and Tenant shall execute an agreement stating the Commencement Date, Rent Commencement Date be relieved of their respective obligations hereunder (Block One), Rent Commencement Date (Block Twoother than those that this Lease states expressly survives expiration or sooner termination of this Lease) and Expiration Datethe prepaid Base Monthly Rent, but Reimbursable Operating Costs and the failure Security Deposit previously paid by Tenant to do so will not affect Landlord shall be reimbursed to Tenant, or (ii) at Tenant’s election, the determination date Tenant is otherwise obliged to commence payment of such dates. For purposes of determining whether Tenant has accepted possession Base Monthly Rent shall be delayed by one additional day for each day that delivery of the PremisesBuilding is delayed beyond September 1, Tenant shall be deemed to have done so when Tenant first moves Tenant's Property and/or any of its personnel into the Premises, except to the extent that Tenant is authorized in this Lease or by Landlord's agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. \2013.

Commencement Date. Upon Landlord shall notify Tenant in writing of Substantial Completion and Tenant shall commence occupancy of the Effective Initial Premises on the Commencement Date. Tenant shall occupy the Additional Space on the Second Commencement Date. Tenant shall occupy the Additional Space on the Second Commencement Date. In the event that the Tenant contends that the Tenant Improvements have not in fact been Substantially Completed, Tenant shall notify Landlord in writing of its objections within ten (10) calendar days after its receipt of the Landlord's notice described in the preceding sentence. Landlord shall have a reasonable time after its receipt of Tenant's notice in which to take such action as may be necessary to achieve Substantial Completion, and shall notify Tenant in writing when such action has been completed. Notwithstanding any notification by Tenant to the contrary, taking of possession by Tenant shall establish the Commencement Date as specified in the definition of that term and that the Premises and Tenant Improvements are in good and satisfactory condition, as and when possession was so taken and that the Commencement Date occurred. Tenant acknowledges that no representations as to the condition of the Premises have been made by Landlord, unless such are expressly set forth in this Lease. In the event of any dispute as to whether the Tenant Improvements have been Substantially Completed in accordance with the Plans and Specifications, the certificate of Landlord's architect or general contractor shall be conclusive. If on the Commencement Date, Punch List Work for the terms and provisions hereof shall Tenant Improvements remains to be fully binding on completed, Landlord and Tenant shall agree on such Punch List Work prior to occupancy by Tenant and Landlord will promptly complete it after the Commencement Date. In no event shall Punch List Work delay or postpone the occurrence of the Commencement Date. The Term of this Lease shall commence on that date (the "COMMENCEMENT DATE") which is the earlier to occur of (i) the Effective Date or (ii) the date on which Landlord completes the acquisition of title Changes to the Real PropertyPlans and Specifications shall require the written consent of Landlord and Tenant. Immediately following the close of escrow of Tenant has Landlord's purchase of permission to enter the Real Propertypremises to install equipment, Landlord shall advise furniture, phones and data cable prior to occupancy. Tenant in writing of may enter the same. Unless sooner terminated or extended as hereinafter provided, Premises prior to the Term shall end on the "EXPIRATION DATE" specified in Article 1. If Landlord does not tender possession of Block One to Tenant on or before the Scheduled Rent Commencement Date (Block One) or Block Two by the Scheduled Rent Commencement Date (Block Two)to install equipment, for any reason whatsoeverfurniture, Landlord shall not be liable for any damage therebyphones and data cabling, and this Lease shall not be void or voidable thereby. . No failure to tender possession of the applicable portion of the Premises to Tenant on or before the Scheduled Rent Commencement Date (Block One) or the Scheduled Rent Commencement Date (Block Two), as the case may be, shall in any way affect any other obligations of Tenant hereunder, provided, however, that Landlord shall use its commercially reasonable efforts to recover possession of Block Two on May 31, 2000, or as soon thereafter as is reasonably feasible (without any obligation to commence any unlawful detainer proceedings against Chevron Corporation). In addition, Landlord covenants and agrees not to amend the lease with Chevron Corporation in order to grant Chevron Corporation the right to remain in possession of Block Two after May 31, 2000. In addition, if Landlord is unable to tender Block Two to Tenant on or before May 31, 2000, but Landlord has other available units of space within the Building (the "TEMPORARY SPACE"), then Landlord may (if Landlord elects to do so in its sole discretion), make such Temporary Space available for Tenant's use and occupancy for a period not to exceed 60 days. If Tenant elects to occupy such Temporary Spaceprovided that, Tenant shall do so on all not interfere with the construction of the Tenant Improvements. All terms and provisions of this Lease (Lease, including those with respect to Rent) for such period as Landlord may specify. Landlord shall tender such Temporary Space in its then As-Is condition Tenant's indemnifications and shall have no obligation to ready the space for Tenant's use and occupancy. Once the respective Rent Commencement Dates are determined, Landlord and Tenant shall execute an agreement stating the Commencement Date, Rent Commencement Date (Block One), Rent Commencement Date (Block Two) and Expiration Datemaintain insurance, but the failure excluding payment of rent, shall apply to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession of the Premises, Tenant shall be deemed to have done so when Tenant first moves early entry by Tenant's Property and/or any of its personnel into the Premises, except to the extent that Tenant is authorized in this Lease or by Landlord's agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. \.

Commencement Date. Upon the Effective Date, the terms and provisions hereof shall be fully binding on Landlord and Tenant prior to the occurrence of the Commencement Date. The Term term of this Lease shall commence begin on that date (the "COMMENCEMENT DATE") “Commencement Date”, which is shall be defined as the earlier to occur of: a) date on which all of (the following contingencies have occurred: i) Landlord has substantially completed the Effective Date Work; and ii) Landlord has delivered to Tenant a certificate of occupancy, either temporary or (iipermanent, issued by Canton Township, Michigan, permitting Tenant to occupy the Premises for uses permitted in this Lease; and iii) Landlord has delivered possession of the Premises to Tenant, broom-clean and in a condition which permits Tenant to occupy the Premises for the uses permitted in this Lease; or b) the date on which Landlord completes the acquisition of title to the Real Propertyforegoing three (3) items would have occurred but for delays caused by Tenant (or Tenant’s contractors) in requesting change orders or in carrying out Tenant’s Work. Immediately following the close of escrow of Landlord's purchase The Expiration Date of the Real PropertyLease shall be the last day of the calendar month which is one hundred fifty (150) months after the Commencement Date occurs. When the Commencement Date is known, Landlord shall advise Tenant in writing of the same. Unless sooner terminated or extended as hereinafter provided, the Term shall end on the "EXPIRATION DATE" specified in Article 1. If Landlord does not tender possession of Block One submit to Tenant on or before and Tenant shall execute a letter stating that Tenant has accepted the Scheduled Rent Commencement Date (Block One) or Block Two by the Scheduled Rent Commencement Date (Block Two), Premises for any reason whatsoever, Landlord shall not be liable for any damage therebyoccupancy, and this Lease shall not be void or voidable thereby. . No failure to tender possession of setting forth the applicable portion of the Premises to Tenant on or before the Scheduled Rent Commencement Date, Expiration Date (Block One) or the Scheduled Rent Commencement Date (Block Two), as the case may be, shall in any way affect any and such other obligations of Tenant hereunder, provided, however, that Landlord shall use its commercially reasonable efforts to recover possession of Block Two on May 31, 2000, or as soon thereafter as is reasonably feasible (without any obligation to commence any unlawful detainer proceedings against Chevron Corporation). In addition, Landlord covenants and agrees not to amend the lease with Chevron Corporation in order to grant Chevron Corporation the right to remain in possession of Block Two after May 31, 2000. In addition, if Landlord is unable to tender Block Two to Tenant on or before May 31, 2000, but Landlord has other available units of space within the Building (the "TEMPORARY SPACE"), then Landlord may (if Landlord elects to do so in its sole discretion), make such Temporary Space available for Tenant's use and occupancy for a period not to exceed 60 days. If Tenant elects to occupy such Temporary Space, Tenant shall do so on all of the terms and provisions of this Lease (including those with respect to Rent) for such period information as Landlord may specifyreasonably request. Landlord shall tender such Temporary Space in its then As-Is condition and shall have no obligation to ready In the space for Tenant's use and occupancy. Once event Tenant disagrees with Landlord’s determination of the respective Rent Commencement Dates are determinedDate, Landlord and Tenant shall execute an agreement stating promptly meet to resolve any disagreement. If Landlord and Tenant are unable to resolve their disagreement, the Commencement DateDate shall be conclusively determined by the architect, Rent Commencement Date in reference to the standards of Section 4.1 (Block One), Rent Commencement Date a) or (Block Twob) as applicable. Each of Landlord and Expiration Date, but the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession shall pay one-half (2) of the Premises, Tenant shall be deemed to have done so when Tenant first moves Tenant's Property and/or any of its personnel into the Premises, except to the extent that Tenant is authorized in architect’s fee for this Lease or by Landlord's agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. \determination.

Commencement Date. Upon From and after the Effective Commencement Date (except as set forth in this Exhibit B), Tenant shall be liable to Landlord for the payment of Rent and any other payment as set forth in the Lease. The “Commencement Date” under the Lease shall be the date on which the Improvements (excluding completion of any Tenant Improvements or Tenant’s Extra Work) are Substantially Completed; provided, however, in the event Substantial Completion of the Improvements (excluding completion of any Tenant Improvements or Tenant’s Extra Work) is delayed due to Tenant Delays, then for purposes of the payment Rent and any other payment required to be made by Tenant pursuant to the Lease, the terms and provisions hereof Commencement Date shall be fully binding that date on Landlord and Tenant prior to which the Improvements would have been Substantially Completed but for the occurrence of such Tenant Delays. If the Improvements are not Substantially Completed but are partially ready for occupancy, Tenant may, but need not, occupy the portion of the Improvements that is ready for occupancy, provided such partial occupancy is permitted by applicable law, and in the event of such partial occupancy, and if Tenant elects to partially occupy the Improvements, Tenant shall pay to Landlord pro rata Rent based upon the area of the Premises so occupied by Tenant. Such obligation to pay Rent on a proportionate basis shall commence on the date on which Tenant first occupies and takes possession of any portion of the Premises, and shall continue through the Commencement Date. The Term of this Lease shall commence on that date (the "COMMENCEMENT DATE") which is the earlier Tenant’s right to occur of (i) the Effective Date or (ii) the date on which Landlord completes the acquisition of title to the Real Property. Immediately following the close of escrow of Landlord's purchase of the Real Property, Landlord shall advise Tenant in writing of the same. Unless sooner terminated or extended as hereinafter provided, the Term shall end on the "EXPIRATION DATE" specified in Article 1. If Landlord does not tender possession of Block One to Tenant on or before the Scheduled Rent Commencement Date (Block One) or Block Two by the Scheduled Rent Commencement Date (Block Two), for any reason whatsoever, Landlord shall not be liable for any damage thereby, so occupy and this Lease shall not be void or voidable thereby. . No failure to tender possession of the applicable utilize a portion of the Premises shall nevertheless be subject to Tenant on or before the Scheduled Rent Commencement Date (Block One) or the Scheduled Rent Commencement Date (Block Two)Landlord’s reasonable approval, as the case may be, shall in any way affect any other obligations of Tenant hereunder, provided, however, that Landlord shall use its commercially reasonable efforts to recover possession of Block Two on May 31, 2000, or as soon thereafter as is reasonably feasible (without any obligation to commence any unlawful detainer proceedings against Chevron Corporation). In addition, Landlord covenants and agrees not to amend the lease with Chevron Corporation in order to grant Chevron Corporation the right to remain in possession of Block Two after May 31, 2000. In addition, if Landlord is unable to tender Block Two to Tenant on or before May 31, 2000, but Landlord has other available units of space within the Building (the "TEMPORARY SPACE"), then Landlord may (if Landlord elects to do so in its sole discretion), make throughout such Temporary Space available for Tenant's use and occupancy for a period not to exceed 60 days. If Tenant elects to occupy such Temporary Spacepartial occupancy, Tenant shall do so on all fully cooperate with Landlord to facilitate Landlord’s Substantial Completion of any remaining or outstanding Improvements without any interference. Except for Tenant’s entry into the terms Premises for purposes of inspections and provisions performing and installing Tenant Improvements pursuant to Section 8 of this Lease (including those with respect to Rent) for such period as Landlord may specify. Landlord shall tender such Temporary Space in its then As-Is condition and shall have no obligation to ready the space for Tenant's use and occupancy. Once the respective Rent Commencement Dates are determined, Landlord and Tenant shall execute an agreement stating the Commencement Date, Rent Commencement Date (Block One), Rent Commencement Date (Block Two) and Expiration Date, but the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession of the PremisesExhibit B, Tenant shall be deemed to have done so when Tenant first moves Tenant's Property and/or not occupy any of its personnel into the Premises, except to the extent that Tenant is authorized in this Lease or by Landlord's agreement to do any portion of the foregoing without being deemed Premises prior to have accepted possession of the Premises. \Substantial Completion thereof.

Commencement Date. Upon the Effective Date, the terms and provisions hereof shall be fully binding on Landlord and Tenant prior to the occurrence of the Commencement Date. The Term of this Lease shall commence on that date (the "COMMENCEMENT DATE") which is the earlier to occur of (i) the Effective Date or (ii) the date on which Landlord completes the acquisition of title to the Real Property. Immediately following the close of escrow of Landlord's purchase of the Real Property, Landlord shall advise Tenant in writing of the sameCommencement Date. Unless sooner terminated or extended as hereinafter provided, the Term shall end on the "EXPIRATION DATE" specified in Article 1Expiration Date. If Landlord does not tender possession of Block One the Premises to Tenant on or before the Scheduled Rent Commencement Date (Block One) or Block Two by the Scheduled Rent Commencement Date (Block Two)any other particular date, for any reason whatsoever, Landlord shall not be liable for any damage thereby, and this Lease shall not be void or voidable thereby, and the Term shall not commence until the Commencement Date. Landlord shall be deemed to have tendered possession of the Premises to Tenant upon the giving of notice by Landlord to Tenant stating that the Premises are vacant, in the condition required by this Lease and available for Tenant’s occupancy. No failure to tender possession of the applicable portion of the Premises to Tenant on or before the Scheduled Rent Commencement Date (Block One) or the Scheduled Rent Commencement Date (Block Two), as the case may be, shall in any way affect any other obligations of Tenant hereunder. In the event Landlord is required to perform any work or improvement to the Premises or the Building prior to delivery of the Premises to Tenant, there shall be no postponement of the Commencement Date for (i) any delay in the tender of possession to Tenant which results from any Tenant Delay or (ii) any delays by Landlord in the performance of any punch list items relating to Landlord’s work. Once the Commencement Date is determined, Landlord shall deliver to Tenant a notice in the form as set forth in Exhibit E, attached hereto, as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within ten (10) Business Days of receipt thereof; provided, however, that Landlord shall use its commercially reasonable efforts to recover possession of Block Two on May 31, 2000, or as soon thereafter as is reasonably feasible (without any obligation to commence any unlawful detainer proceedings against Chevron Corporation). In addition, Landlord covenants and agrees not to amend the lease with Chevron Corporation in order to grant Chevron Corporation the right to remain in possession of Block Two after May 31, 2000. In addition, if Landlord is unable to tender Block Two to Tenant on or before May 31, 2000, but Landlord has other available units of space within the Building (the "TEMPORARY SPACE"), then Landlord may (if Landlord elects to do so in its sole discretion), make such Temporary Space available for Tenant's use and occupancy for a period not to exceed 60 days. If Tenant elects to occupy such Temporary Space, Tenant shall do so on all of the terms and provisions of this Lease (including those with respect to Rent) for such period as Landlord may specify. Landlord shall tender such Temporary Space in its then As-Is condition and shall have no obligation to ready the space for Tenant's use and occupancy. Once the respective Rent Commencement Dates are determined, Landlord and Tenant shall execute an agreement stating the Commencement Date, Rent Commencement Date (Block One), Rent Commencement Date (Block Two) and Expiration Date, but the ’s failure to do so will not affect execute and return such notice to Landlord within such time shall be conclusive upon Tenant that the determination of information set forth in such datesnotice is as specified therein. For purposes of determining whether Tenant has accepted possession of the Premises, Tenant shall be deemed to have done so when Tenant first moves Tenant's ’s Property and/or any of its personnel into the PremisesPremises and/or commences construction, except to the extent that Tenant is authorized in this Lease or by Landlord's ’s agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. \, and except further that the foregoing shall not relieve Landlord from its obligation to complete or correct any punch list items as provided herein with respect to any work or improvement Landlord is required to perform pursuant to this Lease.

Commencement Date. Upon Landlord shall prepare the Effective Premises for Tenants occupancy in accordance with the Plans and Specifications. Landlord's preparation of the Premises ("Landlord's Work") shall be performed by Landlord's contractors and the Tenant Improvement Allowance shall be applied against the cost thereof as provided in paragraph 2.5 hereof. Landlord shall notify Tenant in writing of Substantial Completion. If Tenant believes that Substantial Completion has not occurred, Tenant shall notify Landlord in writing of its objections within ten (10) Business Days after its receipt of the Landlord's notice described in the preceding sentence. Landlord shall have a reasonable time after its receipt of Tenant's notice in which to take such action as may be necessary to achieve Substantial Completion, and shall notify Tenant in writing when such has been completed. Taking of possession by tenant of the whole or any part of the Premises shall establish the Commencement Date as specified in the definition of that term and the establishment of such fact upon the taking of possession shall occur even if Tenant disputes whether Substantial Completion has occurred or attempts to condition or qualify the taking of possession. Such taking of possession shall further establish that the Premises are in good and satisfactory condition when possession was so taken and the Commencement Date has occurred. Tenant acknowledges that no representations as to the condition of the Premises have been made by Landlord, unless such are expressly set forth in this Lease. In the event of any dispute as to whether Substantial Completion has occurred, the certificate of Landlord's architect or general contractor shall be conclusive. If on the Commencement Date, the terms and provisions hereof shall Punch List Work remains to be fully binding on completed, Landlord and Tenant shall agree on such Punch List Work prior to occupancy by Tenant and Landlord will promptly complete it after the Commencement Date. In no event shall Tenant's refusal or failure to agree on the nature and extent of Punch List Work or the existence of items of Punch List Work delay or postpone the occurrence of the Commencement Date. The Term Tenant shall make no changes to the Plans and Specifications or the work reflected in the Plans and Specifications without the written consent of this Lease Landlord. Notwithstanding anything to the contrary herein contained, if the Commencement Date shall commence on that not have occurred by the date (the "COMMENCEMENT DATELast Construction Completion Date") which is the earlier to occur of seven (i7) the Effective Date or (ii) months after the date of this Lease for any reason other than delays caused by Tenant or delays attributable to force majeure (see paragraph 6.8), then Tenant shall have the right to terminate this Lease, exercisable by giving Landlord a written thirty (30) day termination notice on which Landlord completes or after the acquisition of title to the Real Property. Immediately following the close of escrow of Landlord's purchase of the Real Property, Landlord shall advise Tenant in writing of the same. Unless sooner terminated or extended as hereinafter provided, the Term shall end on the "EXPIRATION DATE" specified in Article 1. If Landlord does not tender possession of Block One to Tenant Last Construction Completion Date and on or before the Scheduled Rent date which is fourteen (14) calendar days after the Last Construction Completion Date, time being of the essence in respect of Tenant's giving said notice. If the Commencement Date (Block One) or Block Two by the Scheduled Rent Commencement Date (Block Two), for any reason whatsoever, Landlord shall not be liable for any damage thereby, and this Lease shall not be void or voidable thereby. . No failure to tender possession of the applicable portion of the Premises to Tenant occur on or before the Scheduled Rent thirtieth (30th) day following Landlord's receipt of such notice, Tenant's termination notice shall be deemed null and void and of no further force or effect. Notwithstanding anything to the contrary in the foregoing contained, there shall be no postponement of the Commencement Date if delay in Substantial Completion shall be due to any change required by Tenant in the Plans and Specifications. In addition to the Tenant Improvements to be constructed as shown in Tenant's Plans and Specifications, subject to Landlord's approval of the Conduit Plan, as defined below, Landlord shall install a conduit (Block One"Tenant's Conduit") to run telecommunications cabling between the Premises and other premises currently demised to Tenant in another building ("Building 500") in the Office Park. Tenant shall prepare plans and specifications (the "Conduit Plan") showing dimensions, materials, location and connection points of Tenant's Conduit for submission to Landlord for its approval or disapproval. Tenant's Conduit Plan shall specify materials having sufficient capacity to meet Tenant's anticipated telecommunications needs during the Lease Term. All costs for labor and materials associated with the installation of Tenant's Conduit, plus the Construction Management Fee in respect of such cost shall be borne solely by Tenant and shall be paid directly to Landlord in full prior to the commencement of any work associated with Tenant's Conduit. No portion of the Tenant Improvement Allowance or the Scheduled Rent Commencement Date Construction Principal (Block Twoas defined below in paragraph 2.5) shall be allocated to such cost. Landlord shall perform the installation of Tenant's Conduit during the performance of Landlord's Work to prepare the Premises for Tenant's occupancy. At the expiration or sooner termination of the Lease Term, Tenant's Conduit shall become the property of Landlord. Notwithstanding anything to the contrary contained in the foregoing, Landlord may elect, (without being obligated to do so), as (i) to install a conduit of larger size or greater capacity in place of Tenant's Conduit, in which case, if there shall be an incremental increase in the case may becost to procure materials for and/or install such substitute conduit (for purposes hereof, shall in any way affect any other obligations of Tenant hereunderalso to be deemed Tenant's Conduit), provided, however, that Landlord shall use its commercially reasonable efforts pay such incremental cost, and/or (ii) to recover possession install, at Landlord's own cost and expense, a separate conduit running alongside Tenant's Conduit for all or a portion of Block Two on May 31, 2000, the length of Tenant's Conduit. Regardless of whether Landlord shall make either or as soon thereafter as is reasonably feasible (without any obligation to commence any unlawful detainer proceedings against Chevron Corporation). In additionboth of the preceding elections, Landlord covenants and agrees not to amend the lease with Chevron Corporation in order to grant Chevron Corporation shall have the right to remain utilize Tenant's Conduit to provide telecommunications or other services to other tenants in possession of Block Two after May 31the Office Park, 2000. In addition, if provided that such utilization by Landlord is unable to tender Block Two to Tenant on shall not diminish or before May 31, 2000, but Landlord has other available units of space within the Building (the "TEMPORARY SPACE"), then Landlord may (if Landlord elects to do so in its sole discretion), make such Temporary Space available for interfere with Tenant's use and occupancy for a period not to exceed 60 daysof Tenant's Conduit. If Tenant elects to occupy and for so long as Tenant's Conduit shall be used solely and exclusively by Tenant, all maintenance and repair of Tenant's Conduit shall be performed by and at the expense of Tenant. In performing such Temporary Spacemaintenance and repair, Tenant shall do so on not interfere with Landlord's operation, administration, and maintenance of any portion of Landlord's real or personal property or other facilities in the Office Park, nor with the use and enjoyment by any other tenant of other premises in the Office Park. If Landlord shall also use Tenant's Conduit as aforesaid, Landlord shall perform all maintenance and repair thereof and the costs of such maintenance and repair shall be included in Operating Costs for purposes of this Lease. Tenant shall, at its own cost and expense, repair any and all damage to the Building, Building 500, the Land, paved areas, drives, walks, and landscaping or to Landlord's other facilities and equipment, and shall otherwise defend, indemnify and hold Landlord harmless for any loss, cost, liability, damage or expense (including, without limitation, reasonable attorneys' fees) directly or indirectly arising out of the terms and provisions installation, use, maintenance or repair of this Lease (including those with respect to Rent) for such period as Landlord may specify. Landlord shall tender such Temporary Space in its then As-Is condition and shall have no obligation to ready the space for Tenant's use and occupancy. Once the respective Rent Commencement Dates are determinedConduit, Landlord and Tenant shall execute an agreement stating the Commencement Date, Rent Commencement Date (Block One), Rent Commencement Date (Block Two) and Expiration Date, but the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession of the Premises, Tenant shall be deemed to have done so when Tenant first moves Tenant's Property and/or any of its personnel into the Premises, except to the extent that Tenant is authorized in this Lease or unless caused by Landlord's agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. \negligence.

Commencement Date. Upon Tenant shall have and hold the Effective DatePremises, without any liability or obligation on the part of Landlord to make any alterations, improvements or repairs of any kind in or about the Premises, except as expressly provided herein, for the Term set forth on the Data Sheet unless sooner terminated in the manner provided herein. Subject to Section 4.02 above, the terms and provisions hereof Term shall commence on the Commencement Date as set forth in the Data Sheet. If Landlord shall be fully binding on Landlord and Tenant prior unable to the occurrence give possession of the Premises on the Commencement DateDate because the construction of the common areas of Facility have not been sufficiently completed to make the Premises ready for occupancy, or for any other reason, Landlord shall not be subject to any claims, damages or liabilities for the failure to give possession on said date. Under said circumstances, the Commencement Date shall be the date the Premises are ready for occupancy. The failure of Landlord to give possession of the Premises to Tenant and complete Landlord's Tenant Improvements as described in Section 4.02 above by the Commencement Date shall in no way affect the validity of this Lease or the obligations of Tenant hereunder unless not completed by June 1, 2001, in which case Tenant shall have the right to terminate this Lease. If Tenant is given and accepts possession of the Premises on a date earlier than the Commencement Date specified, the Rent reserved herein and all covenants, agreements and obligations herein and the Term of this Lease shall commence on that date (the "COMMENCEMENT DATE") which is the earlier to occur of (i) the Effective Date or (ii) the date on which Landlord completes the acquisition of title to the Real Property. Immediately following the close of escrow of Landlord's purchase of the Real Property, Landlord shall advise Tenant in writing of the same. Unless sooner terminated or extended as hereinafter provided, the Term shall end on the "EXPIRATION DATE" specified in Article 1. If Landlord does not tender possession of Block One to Tenant on or before the Scheduled Rent Commencement Date (Block One) or Block Two by the Scheduled Rent Commencement Date (Block Two), for any reason whatsoever, Landlord shall not be liable for any damage thereby, and this Lease shall not be void or voidable thereby. . No failure to tender that possession of the applicable portion of Premises is given to Tenant. Tenant may have access to the Premises to Tenant on or before upon the Scheduled Rent Commencement Date (Block One) or the Scheduled Rent Commencement Date (Block Two), as the case may be, shall in any way affect any other obligations of Tenant hereunder, provided, however, that Landlord shall use its commercially reasonable efforts to recover possession of Block Two on May 31, 2000, or as soon thereafter as is reasonably feasible (without any obligation to commence any unlawful detainer proceedings against Chevron Corporation). In addition, Landlord covenants and agrees not to amend the lease with Chevron Corporation in order to grant Chevron Corporation the right to remain in possession of Block Two after May 31, 2000. In addition, if Landlord is unable to tender Block Two to Tenant on or before May 31, 2000, but Landlord has other available units of space within the Building (the "TEMPORARY SPACE"), then Landlord may (if Landlord elects to do so in its sole discretion), make such Temporary Space available for Tenant's use and occupancy for a period not to exceed 60 days. If Tenant elects to occupy such Temporary Space, Tenant shall do so on all of the terms and provisions execution of this Lease (including those with respect to Rent) for such period as Landlord may specify. Landlord shall tender such Temporary Space in its then As-Is condition and shall have no obligation to ready the space for purpose of installing Tenant's use Tenant Improvements, fixtures and occupancy. Once the respective Rent Commencement Dates are determined, Landlord furniture and other items supplied by Tenant shall execute an agreement stating the Commencement Date, Rent Commencement Date (Block One), Rent Commencement Date (Block Two) and Expiration Date, but the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession of the Premises, Tenant no rent shall be deemed to have done so when Tenant first moves Tenant's Property and/or any of its personnel into the Premises, except to the extent that Tenant is authorized in this Lease or by Landlord's agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. \payable during such time.

Commencement Date. Upon the Effective Date, the terms and provisions hereof (a) The Commencement Date shall be fully binding on January 1, 2009 (or such other date when the Premises are substantially complete in regard to Article 27 of this Lease). Tenant acknowledged that it has inspected and accepts the Premises, and specifically the buildings and improvements comprising the same, in their present condition as suitable for the purpose for which the Premises are leased. Taking of possession by Tenant shall be deemed conclusively to establish that said buildings and other improvements are in good and satisfactory condition as of when possession was taken and that Tenant has determined that the Premises are suitable for Tenant’s intended purposes. Landlord has made no warranties with respect to suitability and Tenant hereby expressly waives any implied warranty of same. Tenant further acknowledges that no representations as to the repair of the Premises, nor promises to alter, remodel or improve the Premises have been made by Landlord, unless such are expressly set forth in writing in this Lease. Landlord hereby waives payment of rent covering any period prior to the occurrence tendering of the Commencement Date. The Term of this Lease shall commence on that date (the "COMMENCEMENT DATE") which is the earlier to occur of (i) the Effective Date or (ii) the date on which Landlord completes the acquisition of title to the Real Property. Immediately following the close of escrow of Landlord's purchase of the Real Property, Landlord shall advise Tenant in writing of the same. Unless sooner terminated or extended as hereinafter provided, the Term shall end on the "EXPIRATION DATE" specified in Article 1. If Landlord does not tender possession of Block One to Tenant on or before the Scheduled Rent Commencement Date (Block One) or Block Two by the Scheduled Rent Commencement Date (Block Two), for any reason whatsoever, Landlord shall not hereunder except as may be liable for any damage thereby, and this Lease shall not be void or voidable therebyotherwise specifically set forth herein . . No failure to tender possession of the applicable portion of the Premises to Tenant on or before the Scheduled Rent Commencement Date (Block One) or the Scheduled Rent Commencement Date (Block Two), as the case may be, shall in any way affect any other obligations of Tenant hereunder, provided, however, that Landlord shall use its commercially reasonable efforts to recover possession of Block Two on May 31, 2000, or as soon thereafter as is reasonably feasible (without any obligation to commence any unlawful detainer proceedings against Chevron Corporation). In addition, Landlord covenants and agrees not to amend the lease with Chevron Corporation in order to grant Chevron Corporation the right to remain in possession of Block Two after May 31, 2000. In addition, if Landlord is unable to tender Block Two to Tenant on or before May 31, 2000, but Landlord has other available units of space within the Building (the "TEMPORARY SPACE"), then Landlord may (if Landlord elects to do so in its sole discretion), make such Temporary Space available for Tenant's use and occupancy for a period not to exceed 60 days. If Tenant elects to occupy such Temporary Space, Tenant shall do so on all of the terms and provisions of this Lease (including those with respect to Rent) for such period as Landlord may specify. Landlord shall tender such Temporary Space in its then As-Is condition and shall have no obligation to ready the space for Tenant's use and occupancy. Once the respective Rent Commencement Dates are determined, Landlord and Tenant shall execute an agreement stating After the Commencement Date, Rent Commencement Date (Block One)Tenant shall, Rent Commencement Date (Block Two) upon demand, execute and Expiration Date, but the failure deliver to do so will not affect the determination Landlord a letter of such dates. For purposes acceptance of determining whether Tenant has accepted possession of the Premises, Tenant shall be deemed to have done so when Tenant first moves Tenant's Property and/or any of its personnel into the Premises, except to the extent that Tenant is authorized in this Lease or by Landlord's agreement to do any of the foregoing without being deemed to have accepted possession delivery of the Premises. \Tenant agrees to inspect the Premises immediately upon occupancy and to notify Landlord in writing with ten (10) calendar days of occupancy of any “Punchlist” items, which Landlord if it is otherwise required to complete or correct such items, agrees to complete or correct, as applicable, within a reasonable amount of time. The failure to provide a list within said ten (10) days or to include any item on such list shall be conclusively presumed to mean that the condition of the Premises is acceptable to Tenant and in good working order. Landlord agrees to repair any latent defects which are reported to Landlord in writing by Tenant within ten (10) calendar days of Tenant’s discovery and notification to Landlord of same.

Commencement Date. Upon Subject to adjustment as provided in Article 3, the Effective term “Commencement Date” shall mean January 1, 2005. Landlord and Tenant acknowledge and agree that Tenant currently occupies the Premises under that certain Lease with Landlord dated June 15, 1994 as subsequently amended (“Prior Lease”), the term of which expires on December 31, 2004. The Premises comprise a portion of the total premises leased by Tenant under the Prior Lease. It is the intent of the parties that Tenant will remain in possession of the Premises described in this Lease after the expiration of the term of the Prior Lease and that Tenant shall surrender the remainder of the premises leased under the Prior Lease to Landlord pursuant to the surrender terms and conditions of the Prior Lease which shall thereafter terminate, and be of no further force and effect. Landlord hereby agrees both as Landlord under this Lease and as the Landlord under the Prior Lease, that notwithstanding anything to the contrary in this Lease or the Prior Lease, Tenant shall have no responsibility for the stairwell to the second floor, including, without limitation, any responsibility for the removal of the stairs upon the expiration of the Prior Lease or for the removal of any other alterations or Tenant improvements made by Tenant under the Prior Lease in the portion of the premises surrendered to Landlord at the expiration of the Prior Lease. Tenant shall continue to occupy the Premises described in this Lease thereafter under the terms and provisions hereof shall be fully binding on conditions of this Lease. Landlord and Tenant agrees that after full execution of this Lease but prior to the occurrence of the Commencement Date. The Term of this Lease , Tenant may commence Tenant’s Work (as described in the Work Letter Agreement attached as Exhibit B) in the Premises except no work shall commence on that date (be done in the "COMMENCEMENT DATE") which is the earlier to occur of (i) the Effective Date or (ii) the date on which Landlord completes the acquisition of title to the Real Property. Immediately following the close of escrow of Landlord's purchase of the Real Property, Landlord shall advise Tenant in writing of the same. Unless sooner terminated or extended as hereinafter provided, the Term shall end on the "EXPIRATION DATE" specified in Article 1. If Landlord does not tender possession of Block One to Tenant on or before the Scheduled Rent Commencement Date (Block One) or Block Two by the Scheduled Rent Commencement Date (Block Two), for any reason whatsoever, Landlord shall not be liable for any damage thereby, and this Lease shall not be void or voidable thereby. . No failure to tender possession of the applicable portion of the Premises currently subleased to Tenant on or before the Scheduled Rent Commencement Date (Block One) or the Scheduled Rent Commencement Date (Block Two)XxXxxxxx and Xxxxxxxx under Sublease Agreement dated June 19, as the case may be2002, shall in any way affect any other obligations of Tenant hereunder, provided, however, that Landlord shall use its commercially reasonable efforts to recover possession of Block Two on May 31, 2000, or as soon thereafter as is reasonably feasible (without any obligation to commence any unlawful detainer proceedings against Chevron Corporation). In addition, Landlord covenants and agrees not to amend the lease with Chevron Corporation in order to grant Chevron Corporation the right to remain in possession of Block Two after May 31, 2000. In addition, if Landlord is unable to tender Block Two to Tenant on or before May 31, 2000, but Landlord has other available units of space within the Building (the "TEMPORARY SPACE"), then Landlord may (if Landlord elects to do so in its sole discretion), make such Temporary Space available for Tenant's use and occupancy for a period not to exceed 60 days. If Tenant elects to occupy such Temporary Space, Tenant shall do so on all of the terms and provisions of this Lease (including those with respect to Rent) for such period as Landlord may specify. Landlord shall tender such Temporary Space in its then As-Is condition and shall have no obligation to ready the space for Tenant's use and occupancy. Once the respective Rent Commencement Dates are determined, Landlord and Tenant shall execute an agreement stating the Commencement Date, Rent Commencement Date (Block One), Rent Commencement Date (Block Two) and Expiration Date, but the failure to do so will not affect the determination of such dates. For purposes of determining whether until Tenant has accepted provided Landlord written evidence that its subtenant has vacated and surrendered possession of the Premises, Tenant Premises or has consented in writing to Tenant’s work. Completion of such Work shall be deemed to have done so when Tenant first moves Tenant's Property and/or any governed by the terms of its personnel into this Lease, not the Premises, except to the extent that Tenant is authorized in this Lease or by Landlord's agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. \Prior Lease.

Commencement Date. Upon The parties intend that the Effective Date, the terms and provisions hereof shall be fully binding on Landlord and Tenant prior to the occurrence of the Commencement Date. The Term term of this Lease shall commence on that date September 1 (the "COMMENCEMENT DATETarget Commencement Date") ), and shall expire on August 31, 2005, unless sooner terminated pursuant to the terms of this Lease. The date on which the term actually commences is referred to herein as the earlier to occur "Commencement Date" which shall be the later of (i) the Effective Date or Target Commencement Date, and (ii) the earlier of (a) the date on which Landlord substantially completes construction of the acquisition Tenant Improvements, and (b) the date on which Landlord would have substantially completed construction of title the Tenant Improvements but for the Tenant's Delay (as defined below). When the Commencement Date is ascertained as aforementioned, the term shall commence and upon request of Landlord, Tenant shall execute a certificate or memorandum confirming the Commencement Date and the Expiration Date. Landlord shall be deemed to have substantially completed construction of the Tenant Improvements when Landlord has substantially completed construction of the Tenant Improvements in accordance with Article 7 below. "Tenant's Delay" shall mean the amount of delay resulting from Tenant's failure to adhere to the Real Property. Immediately following time schedules and fulfill the close of escrow of Landlord's purchase of the Real Propertyobligations set forth in this Lease, Landlord shall advise Tenant in writing of the same. Unless sooner terminated or extended as hereinafter providedincluding, the Term shall end on the "EXPIRATION DATE" specified but not limited to, those in Article 17 below. If Landlord does not tender possession of Block One to Tenant on or before Notwithstanding the Scheduled Rent Target Commencement Date (Block One) or Block Two by the Scheduled Rent Commencement Date (Block Two)Date, if for any reason whatsoeverthe Commencement Date occurs after the Target Commencement Date, Landlord shall not be liable for subject to any damage therebyliability therefor, and nor shall such failure affect the validity of this Lease shall not be void or voidable therebyrelieve Tenant of any of its obligations hereunder or extend the Term of this Lease. . No failure Upon execution of this Lease by Tenant and Landlord, Landlord will allow Tenant access to tender possession of the applicable portion of the Premises to Tenant on or before the Scheduled Rent Commencement Date (Block One) or the Scheduled Rent Commencement Date (Block Two), as the case may be, shall in any way affect any other obligations of Tenant hereunder, provided, however, that Landlord shall use its commercially reasonable efforts to recover possession of Block Two on May 31, 2000, or as soon thereafter as is reasonably feasible (without any obligation to commence any unlawful detainer proceedings against Chevron Corporation). In addition, Landlord covenants and agrees not to amend the lease with Chevron Corporation in order to grant Chevron Corporation the right install tenant improvements, fixtures, furnishings and equipment and to remain in possession of Block Two after May 31, 2000. In addition, if Landlord is unable otherwise conduct business; provided that such early entry will be subject to tender Block Two to Tenant on or before May 31, 2000, but Landlord has other available units of space within the Building (the "TEMPORARY SPACE"), then Landlord may (if Landlord elects to do so in its sole discretion), make such Temporary Space available for Tenant's use and occupancy for a period not to exceed 60 days. If Tenant elects to occupy such Temporary Space, Tenant shall do so on all of the terms and provisions of this Lease (including those with respect to Rent) for such period as Landlord may specify. Landlord shall tender such Temporary Space in its then As-Is condition and shall have no obligation to ready the space for Tenant's use and occupancy. Once the respective Rent Commencement Dates are determined, Landlord and Tenant shall execute an agreement stating though the Commencement DateDate had occurred, except for the payment of Rent and Additional Charges which commence as set forth in this Lease. If Landlord does not deliver possession of the Premises to Tenant within sixty (60) days after the Target Commencement Date (Block Onefor any reason other than Tenant's Delay), Rent Commencement Date (Block Two) and Expiration Date, but as the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession same may be extended by written agreement of the Premisesparties, Tenant may, at Tenant's option, by written notice to Landlord within ten (10) business days thereafter, cancel the Lease, in which event the parties shall be deemed to have done so when discharged from all obligations under the Lease, and Landlord shall return any money previously deposited by Tenant. If such written notice by Tenant first moves is not received by Landlord within such ten (10) day period, Tenant's Property and/or any right hereunder to cancel the Lease shall terminate and be of its personnel into the Premises, except to the extent that Tenant is authorized in this Lease no further force or by Landlord's agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. \effect.

Commencement Date. Upon the Effective DateIf this Lease is not terminated pursuant to Section 2.1 above or Section 2.4 below, the terms and provisions hereof shall be fully binding on Landlord and Tenant prior to the occurrence of the “Commencement Date. The Term of this Lease ” shall commence occur on that date (the "COMMENCEMENT DATE") which is the earlier to occur of of: (i) the Effective Date date of Substantial Completion of the Tenant Improvements (as such terms are defined in Exhibit B attached hereto), or (ii) the date on which Landlord completes the acquisition of title to the Real Property. Immediately is three (3) months following the close of escrow of Delivery Date as determined as provided in Section 2.3 below, subject to any Landlord Delay, Force Majeure Delay not to exceed ninety (90) days and Tenant Plan Delay (not to exceed ninety (90) days (as such terms are defined in Exhibit B). Tenant shall use Landlord's purchase of ’s Contractor (as defined below) for the Real PropertyTenant Improvements, Landlord shall advise Tenant in writing of the same. Unless sooner terminated or extended as hereinafter providedsubject to (i) Tenant’s approval, the Term shall end on the "EXPIRATION DATE" specified in Article 1. If Landlord does not tender possession of Block One to Tenant on or before the Scheduled Rent Commencement Date (Block One) or Block Two by the Scheduled Rent Commencement Date (Block Two), for any reason whatsoever, Landlord which shall not be liable for any damage therebyunreasonably withheld or delayed if the bids submitted are competitive, of the bids submitted by Landlord’s Contractor and its subcontractors, and this Lease (ii) Tenant’s right to audit Landlord’s Contractor’s books and records with respect to the Tenant Improvements as set forth in Exhibit B attached hereto. Within ten (10) business days after written request by Landlord (which request shall not be void or voidable thereby. . No failure to tender possession made until Substantial Completion of the applicable portion of Tenant Improvements has occurred in all the Premises to Tenant on or before the Scheduled Rent Commencement Date (Block One) or the Scheduled Rent Commencement Date (Block TwoBuildings), as the case may be, shall in any way affect any other obligations of Tenant hereunder, provided, however, that Landlord shall use its commercially reasonable efforts to recover possession of Block Two on May 31, 2000, or as soon thereafter as is reasonably feasible (without any obligation to commence any unlawful detainer proceedings against Chevron Corporation). In addition, Landlord covenants and agrees not to amend the lease with Chevron Corporation in order to grant Chevron Corporation the right to remain in possession of Block Two after May 31, 2000. In addition, if Landlord is unable to tender Block Two to Tenant on or before May 31, 2000, but Landlord has other available units of space within the Building (the "TEMPORARY SPACE"), then Landlord may (if Landlord elects to do so in its sole discretion), make such Temporary Space available for Tenant's use and occupancy for a period not to exceed 60 days. If Tenant elects to occupy such Temporary Space, Tenant shall do so on all of the terms and provisions of this Lease (including those with respect to Rent) for such period as Landlord may specify. Landlord shall tender such Temporary Space in its then As-Is condition and shall have no obligation to ready the space for Tenant's use and occupancy. Once the respective Rent Commencement Dates are determined, Landlord and Tenant shall execute an agreement stating a written amendment to this Lease, substantially in the form of Exhibit D hereto, wherein the parties shall specify the actual Commencement Date as calculated as set forth above (which such date shall be the “Commencement Date” for all purposes of this Lease), the Expiration Date and the date on which Tenant is to commence paying Rent. The word “Term” whenever used herein refers to the initial term of this Lease and any valid extension(s) or renewal(s) thereof. For avoidance of doubt, Tenant’s occupancy of one or more Buildings for purposes of commencing business operations prior to Substantial Completion of the Tenant Improvements in all of the Buildings shall not be deemed to modify the Commencement Date, Rent Commencement Date (Block One), Rent Commencement or the Expiration Date (Block Two) and Expiration Dateof this Lease, but Tenant’s obligation to pay Rent for such Building or Buildings shall be as set forth in the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession of the Premises, Basic Lease Information and Tenant shall be deemed subject to have done so when Tenant first moves Tenant's Property and/or any all the other terms and conditions of its personnel into the Premises, except this Lease with respect to the extent that Tenant is authorized in this Lease or by Landlord's agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. \particular occupancy and business operations.

Commencement Date. Upon the Effective Date, the terms and provisions hereof The Commencement Date set forth in Article 1 shall be fully binding on Landlord delayed and Tenant prior Base Rent shall be abated to the occurrence extent that Landlord fails to deliver possession of the Commencement Date. The Term of this Lease shall commence on that date (the "COMMENCEMENT DATE") which is the earlier to occur of (i) the Effective Date or (ii) the date on which Landlord completes the acquisition of title to the Real Property. Immediately following the close of escrow of Landlord's purchase of the Real Property, Landlord shall advise Tenant in writing of the same. Unless sooner terminated or extended as hereinafter provided, the Term shall end on the "EXPIRATION DATE" specified in Article 1. If Landlord does not tender possession of Block One to Tenant on or before the Scheduled Rent Commencement Date (Block One) or Block Two by the Scheduled Rent Commencement Date (Block Two), Premises for any reason whatsoever, Landlord shall not be liable for any damage thereby, and this Lease shall not be void or voidable thereby. . No failure to tender possession of on the applicable portion of the Premises to Tenant on or before the Scheduled Rent Commencement Date (Block One) or the Scheduled Rent Commencement Date (Block Two), as the case may be, shall in any way affect any other obligations of Tenant hereunder, provided, however, that Landlord shall use its commercially reasonable efforts to recover possession of Block Two on May 31, 2000, or as soon thereafter as is reasonably feasible (without any obligation to commence any unlawful detainer proceedings against Chevron Corporation). In addition, Landlord covenants and agrees not to amend the lease with Chevron Corporation in order to grant Chevron Corporation the right to remain in possession of Block Two after May 31, 2000. In addition, if Landlord is unable to tender Block Two to Tenant on or before May 31, 2000, but Landlord has other available units of space within the Building (the "TEMPORARY SPACE"), then Landlord may (if Landlord elects to do so in its sole discretion), make such Temporary Space available for Tenant's use and occupancy for a period not to exceed 60 days. If Tenant elects to occupy such Temporary Space, Tenant shall do so on all of the terms and provisions of this Lease (including those with respect to Rent) for such period as Landlord may specify. Landlord shall tender such Temporary Space in its then As-Is condition and shall have no obligation to ready the space for Tenant's use and occupancy. Once the respective Rent Commencement Dates are determined, Landlord and Tenant shall execute an agreement stating the intended Commencement Date, Rent Commencement Date (Block One), Rent Commencement Date (Block Two) and Expiration Date, including but the failure not limited to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession of the Premises, Tenant shall be deemed to have done so when Tenant first moves Tenant's Property and/or any of its personnel into the Premisesholding over by prior occupants, except to the extent that Tenant, its contractors, agents or employees in any way contribute to such failure. If Landlord so fails for a sixty (60) day initial grace period, or such additional time as may be necessary due to fire or other casualty, strikes, lock-outs or other labor troubles, shortages of equipment or materials, governmental requirements, power shortages or outages, acts or omissions of Tenant is authorized in or other Persons, or other causes beyond Landlord’s reasonable control, Tenant shall have the right to terminate this Lease by written notice to Landlord any time thereafter up until Landlord delivers the Premises to Tenant. Any such delay in the Commencement Date shall not subject Landlord to liability for loss or damage resulting therefrom, and Tenant’s sole recourse with respect thereto shall be the abatement of Base Rent and right to terminate this Lease described above. Upon any such termination, Landlord and Tenant shall be entirely relieved of their obligations hereunder, and any Security Deposit and Rent payments shall be returned to Tenant. If the Commencement Date is delayed, the Expiration Date shall be similarly extended (in which case, the parties shall confirm the same in writing). Tenant may enter the Premises during the seven (7) day period prior to the intended Commencement Date (“Early Entry Period”) only for purposes of installing its furniture, fixtures and equipment (including telecommunications and computer equipment) and for purposes of moving into the Premises, (but not for occupancy or the operation of Tenant’s business). During the Early Entry Period, Tenant shall comply with all terms and provisions of this Lease, except those provisions requiring the payment of Rent. If Tenant shall be permitted by Landlord's agreement Landlord in writing to do any enter the Premises prior to the intended Commencement Date for the purpose of occupying the foregoing without being same, then the Commencement Date shall be deemed to have accepted possession be such date of occupancy. Landlord shall permit early entry other than the PremisesEarly Occupancy Period in its sole and absolute discretion and only by giving Tenant prior written notice thereof. \At any time during the Term, Landlord may deliver to Tenant a written notice setting forth the Commencement Date and other reasonable dates and information relating to this Lease (“Notice of Lease Dates”), which notice Tenant shall execute and return to Landlord within five (5) days of receipt thereof, and thereafter the dates set forth on such notice shall be conclusive and binding; Tenant’s failure to timely execute and deliver the Notice of Lease Dates shall constitute an acknowledgment by Tenant that the statements included in such notice are true and correct, without exception.

Commencement Date. Upon the Effective Date, the terms and provisions hereof shall be fully binding on Landlord and Tenant prior to the occurrence of the Commencement Date. The Term of this Lease shall commence on that date (the "COMMENCEMENT DATE") which is the earlier to occur of (i) the Effective Commencement Date or (ii) the date on which Landlord completes the acquisition of title to the Real Property. Immediately following the close of escrow of Landlord's purchase of the Real Propertyand, Landlord shall advise Tenant in writing of the same. Unless unless sooner terminated or extended as hereinafter provided, the Term shall end on the "EXPIRATION DATE" specified in Article 1Expiration Date. If Landlord does not tender possession of Block One the Premises to Tenant on or before the Scheduled Rent Commencement Date (Block One) or Block Two by the Scheduled Rent Commencement Date (Block Two)any specified date, for any reason whatsoever, Landlord shall not be liable for any damage thereby, and this Lease shall not be void or voidable thereby, and the Term shall not commence until Landlord tenders possession of the Premises to Tenant. Landlord shall be deemed to have tendered possession of the Premises to Tenant upon the giving of notice by Landlord to Tenant stating that the Premises are vacant, in the condition required by this Lease and available for Tenant’s occupancy. Landlord shall provide Tenant with at least 10 days’ prior notice of the date Landlord reasonably anticipates will be the Commencement Date. No failure to tender possession of the applicable portion of the Premises to Tenant on or before the Scheduled Rent Commencement Date (Block One) or the Scheduled Rent Commencement Date (Block Two), as the case may be, any specified date shall in any way affect any other obligations of Tenant hereunder, provided, however, that Landlord . There shall use its commercially reasonable efforts to recover be no postponement of the Commencement Date (or the Rent Commencement Date) for (i) any delay in the delivery of possession of Block Two on May 31, 2000, or as soon thereafter as is reasonably feasible (without any obligation to commence any unlawful detainer proceedings against Chevron Corporation). In addition, Landlord covenants and agrees not to amend the lease with Chevron Corporation in order to grant Chevron Corporation the right to remain in possession of Block Two after May 31, 2000. In addition, if Landlord is unable to tender Block Two Premises to Tenant on which results from any Tenant Delay or before May 31, 2000, but (ii) any delay by Landlord has other available units in the performance of space within the Building (the "TEMPORARY SPACE"), then Landlord may (if Landlord elects any Punch List Items relating to do so in its sole discretion), make such Temporary Space available for Tenant's use and occupancy for a period not to exceed 60 days. If Tenant elects to occupy such Temporary Space, Tenant shall do so on all of the terms and provisions of this Lease (including those with respect to Rent) for such period as Landlord may specify. Landlord shall tender such Temporary Space in its then As-Is condition and shall have no obligation to ready the space for Tenant's use and occupancyLandlord’s Work. Once the respective Rent Commencement Dates are Date is determined, Landlord and Tenant shall execute an agreement stating the Commencement Date, Rent Commencement Date (Block One), Rent Commencement Date (Block Two) and Expiration Date, but the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession of the Premises, Tenant shall be deemed to have done so when Tenant first moves Tenant's ’s Property and/or any of its personnel into the PremisesPremises and/or commences construction of the Initial Installations, except to the extent that Tenant is authorized in this Lease or by Landlord's ’s agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. \The provisions of this Section 2.2 are intended to constitute “an express provision to the contrary” within the meaning of Section 223-a of the New York Real Property Law or any successor Requirement.

Commencement Date. Upon 2.4.1 Landlord shall complete the Effective Tenant Improvements in accordance with the Plans and Specifications. Landlord's completion of the Tenant Improvements shall be performed by Landlord's contractor selected by Landlord as provided in Paragraph 2.3.2 hereof, and the Tenant Improvement Allowance shall be applied against the cost thereof as provided in paragraph 2.5 hereof. Landlord shall notify Tenant in writing of Substantial Completion. If Tenant believes that Substantial Completion has not occurred, Tenant shall notify Landlord in writing of its objections within five (5) Business Days after its receipt of the Landlord's notice described in the preceding sentence. Landlord shall have a reasonable time after its receipt of Tenant's notice in which to take such action as may be necessary to achieve Substantial Completion, and shall notify Tenant in writing when such has been achieved. Taking of possession by Tenant shall establish the Commencement Date as specified in the definition of that term even if Tenant disputes whether Substantial Completion has occurred or attempts to condition or qualify the taking of possession. Taking of possession shall further establish that the Premises are in good and satisfactory condition on the Commencement Date and any alleged defects or deficiencies are waived by the Tenant except for any incomplete Punch List Work and latent defects. Tenant shall notify Landlord of any latent defects in the Tenant Improvements within six (6) months after the Commencement Date or Tenant shall be deemed to have waived any rights on account thereof. Landlord shall correct any latent defects in the Tenant Improvements of which Tenant notifies Landlord in writing within six (6) months after the Commencement Date. With the exception of the Tenant Improvements to be made by Landlord, Tenant acknowledges that the Premises shall be delivered AS IS and that no representations as to the condition of the Premises have been made by Landlord. In the event of any dispute as to whether Substantial Completion has occurred, a certificate of Landlord's architect or general contractor shall be deemed conclusive. If on the Commencement Date, the terms and provisions hereof shall Punch List Work remains to be fully binding on completed, Landlord and Tenant shall agree on such Punch List Work prior to occupancy by Tenant and Landlord will work diligently to complete it within thirty (30) days after the Commencement Date. In no event shall Tenant's refusal or failure to agree on the nature and extent of Punch List Work or the existence of items of Punch List Work delay or postpone the occurrence of the Commencement Date. The Term of this Lease Tenant shall commence on that date (the "COMMENCEMENT DATE") which is the earlier to occur of (i) the Effective Date or (ii) the date on which Landlord completes the acquisition of title make no changes to the Real Property. Immediately following Plans and Specifications or the close of escrow work reflected in the Plans and Specifications without the consent of Landlord's purchase of the Real Property, Landlord shall advise Tenant in writing of the same. Unless sooner terminated or extended as hereinafter provided, the Term shall end on the "EXPIRATION DATE" specified in Article 1. If Landlord does not tender possession of Block One to Tenant on or before the Scheduled Rent Commencement Date (Block One) or Block Two by the Scheduled Rent Commencement Date (Block Two), for any reason whatsoever, Landlord which consent shall not be liable for any damage therebyunreasonably withheld. 2.4.2 Notwithstanding anything to the contrary contained herein, and this Lease shall in the event that Landlord has not be void or voidable thereby. . No failure to tender possession achieved Substantial Completion of the applicable portion of Tenant Improvements within one hundred twenty (120) days after the Premises to Tenant on or before the Scheduled Rent Commencement Date (Block One) or the Scheduled Rent Commencement Date (Block Two), as the case may be, shall in any way affect any other obligations of Tenant hereunder, provided, however, that Landlord shall use its commercially reasonable efforts to recover possession of Block Two on May 31, 2000, or as soon thereafter as is reasonably feasible (without any obligation to commence any unlawful detainer proceedings against Chevron Corporation). In addition, Landlord covenants and agrees not to amend the lease with Chevron Corporation in order to grant Chevron Corporation the right to remain in possession of Block Two after May 31, 2000. In addition, if Landlord is unable to tender Block Two to Tenant on or before May 31, 2000, but Landlord has other available units of space within the Building (the "TEMPORARY SPACE"), then Landlord may (if Landlord elects to do so in its sole discretion), make such Temporary Space available for Tenant's use and occupancy for a period not to exceed 60 days. If Tenant elects to occupy such Temporary Space, Tenant shall do so on all of the terms and provisions date of this Lease (including those with respect subject to Rent) extension for such period Tenant Delay and for events of force majeure as Landlord may specify. Landlord shall tender such Temporary Space provided in its Paragraph 6.8), then As-Is condition and shall have no obligation to ready the space for Tenant's use and occupancy. Once the respective Rent Commencement Dates are determined, Landlord and Tenant shall execute an agreement stating receive a credit against Base Rent equal to the Commencement Date, Rent Commencement Date number of days of delay multiplied by Four Hundred Dollars (Block One$400.00), which credit (the "Late Delivery Credit") shall be applied against Base Rent Commencement Date (Block Two) and Expiration Date, but commencing on the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession first day of the Premises, Tenant shall be deemed to have done so when Tenant first moves Tenant's Property and/or any of its personnel into the Premises, except to the extent that Tenant is authorized in this Lease or by Landlord's agreement to do any third full calendar month of the foregoing without being deemed to have accepted possession of the Premises. \Lease Term.

Commencement Date. Upon The Term of the Effective Lease shall commence ("Commencement Date") on the first day of the first full month following the date on which the Premises are Substantially Complete (as hereinafter defined) except that if Substantial Completion occurs on the first day of a month, the terms and provisions hereof that date shall be fully binding on Landlord and Tenant prior to the occurrence of the Commencement Date, and the Lease shall continue in full force and effect for the period of time specified as the Term or until this Lease is terminated as otherwise provided herein. The Term Premises shall be deemed to be "Substantially Complete" on the earliest of this Lease the date on which: (1) Landlord files or causes to be filed with the City in which the Premises are located (if required) and delivers to Tenant an architect's notice of substantial completion, or similar written notice that the Premises are substantially complete, (2) Tenant commences business operations in the Premises, or (3) a certificate of occupancy is issued for the Premises. Landlord shall commence on that date arrange for the construction of certain Tenant Improvements (as defined in the Work Letter), if any, in accordance with and subject to the terms of the Work Letter attached hereto as Exhibit "COMMENCEMENT DATEB") which is . Tenant shall, upon demand after delivery of the earlier Premises to occur of Tenant, execute and deliver to Landlord a Commencement Date Memorandum in the form attached hereto as Exhibit "C" acknowledging (i) the Effective Date or Commencement Date, (ii) the date on which Landlord completes the acquisition of title to the Real Property. Immediately following the close of escrow of Landlord's purchase final square footage of the Real PropertyPremises, Landlord shall advise Tenant in writing and (iii) Tenant's acceptance of the samePremises. Unless sooner terminated or extended as hereinafter provided, If the Term shall end Premises are not Substantially Complete on the "EXPIRATION DATE" specified Estimated Commencement Date, this Lease shall remain in Article 1. If Landlord does not tender possession of Block One to Tenant on or before the Scheduled Rent Commencement Date (Block One) or Block Two by the Scheduled Rent Commencement Date (Block Two), for any reason whatsoevereffect, Landlord shall not be liable subject to any liability, and the Commencement Date shall be delayed until the date the Premises are Substantially Complete. Tenant has determined that the Premises are acceptable for Tenant's use and Tenant acknowledges that, except as set forth in the Work Letter, neither Landlord nor any broker or agent has made any representations or warranties in connection with the physical condition of the Premises or their fitness for Tenant's use upon which Tenant has relied directly or indirectly for any damage therebypurpose. Notwithstanding the foregoing, and this Lease shall if Landlord has not be void or voidable thereby. . No failure to tender possession of the applicable portion of delivered the Premises to Tenant on or before with Substantial Completion of the Scheduled Rent Commencement Date Tenant Improvements by the date which is six (Block One6) or months after Tenant's approval of the Scheduled Rent Commencement Date Construction Drawings pursuant to Section 1 of the Work Letter, subject to any delays caused by Force Majeure and Tenant Delays, then Tenant shall have the right to terminate this Lease upon thirty (Block Two), as the case may be, shall in any way affect any other obligations of Tenant hereunder, 30) days' notice to Landlord; provided, however, that if upon such 30-day notice Landlord can substantially complete the Tenant Improvements within ten (10) days of such notice, Landlord shall use its commercially reasonable efforts notify Tenant of Landlord's ability to recover possession of Block Two on May 31, 2000, or as soon thereafter as is reasonably feasible (without any obligation to commence any unlawful detainer proceedings against Chevron Corporation). In addition, Landlord covenants so complete the Tenant Improvement work and agrees not to amend the lease with Chevron Corporation in order to grant Chevron Corporation the right to remain in possession of Block Two after May 31, 2000. In addition, if Landlord is unable to tender Block Two to Tenant on or before May 31, 2000, but Landlord has other available units of space within the Building (the "TEMPORARY SPACE"), then Landlord may (if Landlord elects to do so in its sole discretion), make such Temporary Space available for Tenant's use and occupancy for a period not to exceed 60 days. If Tenant elects to occupy such Temporary Space, Tenant shall do so on all of the terms and provisions of this Lease (including those with respect to Rent) for such period as Landlord may specify. Landlord shall tender such Temporary Space in its then As-Is condition and shall have no obligation right to ready the space for Tenant's use and occupancy. Once the respective Rent Commencement Dates are determined, Landlord and Tenant shall execute an agreement stating the Commencement Date, Rent Commencement Date (Block One), Rent Commencement Date (Block Two) and Expiration Date, but the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession of the Premises, Tenant shall be deemed to have done so when Tenant first moves Tenant's Property and/or any of its personnel into the Premises, except to the extent that Tenant is authorized in terminate this Lease or by Landlord's agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. \Lease.

Commencement Date. Upon the Effective DateSubject to Sections l.C and x.X below, the terms and provisions hereof shall be fully binding on commencement date (“Commencement Date”) for this Lease is the date set forth in the Schedule. Notwithstanding the foregoing, if Landlord and Tenant prior fails to the occurrence deliver possession of the Commencement Date. The Term of this Lease shall commence on that date (the "COMMENCEMENT DATE") which is the earlier to occur of (i) the Effective Date or (ii) the date on which Landlord completes the acquisition of title to the Real Property. Immediately following the close of escrow of Landlord's purchase portion of the Real Property, Landlord shall advise Tenant in writing Premises consisting of the same. Unless sooner terminated or extended as hereinafter provided, the Term shall end on the "EXPIRATION DATE" specified in Article 1. If Landlord does not tender possession of Block One Building C to Tenant on or before the Scheduled Rent Commencement Date (Block One) or Block Two by vacant and otherwise in the Scheduled Rent Commencement Date (Block Two), condition required hereunder for any reason whatsoeverreason, Landlord shall not be liable for any damage thereby, and then (i) this Lease shall not be void or voidable thereby. . No failure by either party, (ii) Landlord shall not be liable to tender possession of Tenant for any loss or damage resulting therefrom, and (iii) the applicable Commencement Date with respect to the portion of the Premises consisting of Building C shall be revised to mean the date on which Landlord delivers possession of Building C to Tenant on or before vacant and otherwise in the Scheduled Rent Commencement condition required hereunder, and the Termination Date shall remain unchanged. Tenant acknowledges and agrees that, notwithstanding anything to the contrary in this Lease, its rights under this Lease with respect to Building C are subject and subordinate in all respects to (Block Onei) or the Scheduled Rent Commencement Date option of AMAT (Block Two)as hereinafter defined) to extend the term of the AMAT Lease (as hereinafter defined) with respect to Building C its set forth in Section 31 of the AMAT Lease, as the case may be, shall in any way affect and (ii) any other obligations agreement between Landlord and AM4T to extend the term of Tenant hereunderthe AMAT Lease with respect to Building C whether or not reflected in the AMAT Lease or entered into after the date hereof and prior to March 1 , provided, however, that 2003. Landlord shall will use its commercially reasonable efforts to recover regain possession of Block Two on May 31, 2000, or as soon thereafter as is reasonably feasible (without any obligation to commence any unlawful detainer proceedings against Chevron Corporation). In addition, Landlord covenants and agrees not to amend Building C in the lease with Chevron Corporation in order to grant Chevron Corporation event that the right to remain in possession of Block Two after May 31, 2000. In addition, if Landlord is unable to tender Block Two to Tenant on or before May 31, 2000, but Landlord has other available units of space within the Building (the "TEMPORARY SPACE"), then Landlord may (if Landlord elects to do so in its sole discretion), make such Temporary Space available for Tenant's use and occupancy for a period not to exceed 60 days. If Tenant elects to occupy such Temporary Space, Tenant shall do so on all term of the terms and provisions of this AMMAT Lease (including those with respect to RentBuilding C is not extended as provided in subpart (i) or (ii) hereof for any reason whatsoever and Vitria (as hereinafter defined) or any other occupant remains in occupancy following termination of the Vitria Sublease (as hereinafter defined) or the AMAT lease as to Building C, including the initiation of unlawful detainer proceedings. In the event the term of the AMAT Lease with respect to Building C is not extended for any reason whatsoever and Landlord fails to deliver possession of Building C vacant and otherwise in the condition required hereunder within ninety (90) days after the estimated Commencement Date for Building C set forth in Item 10 of the Schedule, then Tenant may, by written notice to Landlord, terminate this Lease with respect to Building C only. Upon any such period as Landlord may specifytermination. Landlord shall tender such Temporary Space in its then As-Is condition and shall have no obligation promptly return to ready Tenant S 146,696.30 representing the space for Tenant's use and occupancy. Once the respective Rent Commencement Dates are determined, Landlord and Tenant shall execute an agreement stating the Commencement Date, Rent Commencement Date (Block One), Rent Commencement Date (Block Two) and Expiration Date, but the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession portion of the PremisesInitial Security Deposit applicable to Building C. Upon request from Tenant. Landlord agrees to promptly inform Tenant as to whether the AMAT Lease has been extended. In the event that the AMAT Lease is extended as set forth in subparts (i) or (ii) above, Tenant or this Lease is otherwise terminated as to Building C as expressly set forth in this Lease, references in this Lease to “Building C” shall be deemed to have done so when Tenant first moves deleted, “Premises” and “Building” shall not include Building C, and the square footage, the Base Rent and other rental amounts, Tenant's Property and/or any ’s Proportionate Share, the number of its personnel into parking spaces, the Premises, except to the extent that Tenant is authorized in this Lease or by Landlord's agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. \Initial Security Deposit and other similar amounts shall be proportionately reduced.

Commencement Date. Upon the Effective The "Commencement Date, the terms and provisions hereof " shall be fully binding the date upon which the Premises have been substantially completed in accordance with the plans and specifications described on Landlord and Tenant prior to the occurrence of the Commencement Date. The Term of this Lease shall commence on that date EXHIBIT C attached hereto (the "COMMENCEMENT DATEPlans and Specifications") which is the earlier to occur of (i) the Effective Date or (ii) the date on which Landlord completes the acquisition of title to the Real Property). Immediately following the close of escrow of Landlord's purchase of the Real Property, Landlord shall advise notify Tenant in writing of the same. Unless sooner terminated or extended as hereinafter provided, the Term shall end on the "EXPIRATION DATE" specified in Article 1. If soon as Landlord does not tender possession of Block One to Tenant on or before the Scheduled Rent Commencement Date (Block One) or Block Two by the Scheduled Rent Commencement Date (Block Two), for any reason whatsoever, Landlord shall not be liable for any damage thereby, and this Lease shall not be void or voidable thereby. . No failure to tender possession of the applicable portion of deems the Premises to Tenant on or before the Scheduled Rent Commencement Date (Block One) or the Scheduled Rent Commencement Date (Block Two), as the case may be, shall in any way affect any other obligations of Tenant hereunder, provided, however, that Landlord shall use its commercially reasonable efforts to recover possession of Block Two on May 31, 2000, or as soon thereafter as is reasonably feasible (without any obligation to commence any unlawful detainer proceedings against Chevron Corporation)be substantially completed. In addition, Landlord covenants the event that the Premises are not substantially completed in accordance with the Plans and agrees not to amend the lease with Chevron Corporation in order to grant Chevron Corporation the right to remain in possession of Block Two after May 31, 2000. In addition, if Landlord is unable to tender Block Two to Tenant on or before May 31, 2000, but Landlord has other available units of space within the Building (the "TEMPORARY SPACE"), then Landlord may (if Landlord elects to do so in its sole discretion), make such Temporary Space available for Tenant's use and occupancy for a period not to exceed 60 days. If Tenant elects to occupy such Temporary SpaceSpecifications, Tenant shall do so on all notify Landlord in writing of the terms and provisions of this Lease its objections within five (including those with respect to Rent5) for days after Tenant receives such period as Landlord may specifynotice. Landlord shall tender such Temporary Space in its then As-Is condition and shall have no obligation to ready the space for a reasonable time after delivery of Tenant's use notice in which to take such corrective action as may be necessary, and occupancyLandlord shall notify Tenant in writing as soon as it deems such corrective action has been completed so that the Premises are substantially completed. Once the respective Rent Commencement Dates are determined, Landlord and Tenant shall execute an agreement stating the Commencement Date, Rent Commencement Date (Block One), Rent Commencement Date (Block Two) and Expiration Date, but the failure to do so will not affect the determination Taking of such dates. For purposes of determining whether Tenant has accepted possession of the Premises, by Tenant shall be deemed conclusively to establish that the Premises have done been substantially completed in accordance with the Plans and Specifications and that the Premises are in good and satisfactory condition, as of the date possession was so when Tenant first moves Tenant's Property and/or any of its personnel into the Premisestaken, except for those uncompleted items set forth in writing by Tenant prior to the extent that Tenant is authorized in this Lease or by Landlord's agreement to do any of the foregoing without being deemed to have accepted taking possession of the Premises. \Tenant acknowledges that no representations as to the condition of the Premises or the Building have been made by Landlord, unless such are expressly set forth in this Lease Agreement. On or before the Commencement Date, Tenant shall, upon demand, execute and deliver to Landlord a letter of acceptance of delivery of the Premises, on Landlord's standard form. In the event of any dispute regarding when or whether the work performed or required to be performed by Landlord has been substantially completed, the certificate of Landlord's architect or a certificate of occupancy issued by the local government authority permitting occupancy of the Premises shall be conclusive evidence of such completion, effective on the date of the delivery of any such certificate to Tenant.

Commencement Date. Upon The Commencement Date shall be at the Effective later to occur of: (a) The Delivery Date, or (b) the terms and provisions hereof Substantial Completion Date, as defined in Section 3.2(d). Notwithstanding the foregoing, if Tenant’s personnel shall be fully binding on Landlord and Tenant occupy all or any part of the Premises for the conduct of its business prior to the occurrence Commencement Date as determined pursuant to the preceding sentence, such date of occupancy shall, for all purposes of this Lease, be the Commencement Date. The Term At least twenty-one (21) days before the projected Substantial Completion Date, Tenant and its contractors shall have access to the Premises for the purposes of this Lease shall commence on that date (installing its furniture, fixtures, equipment and cabling in preparation for Tenant’s occupancy of the "COMMENCEMENT DATE") which is the earlier to occur of Premises. In connection with such access, Tenant agrees (i) the Effective Date to cease promptly upon notice from Landlord any activity or work which has not been approved by Landlord (ii) the date on which Landlord completes the acquisition of title to the Real Property. Immediately following the close of escrow of Landlord's purchase of the Real Property, Landlord shall advise Tenant in writing of the same. Unless sooner terminated or extended as hereinafter provided, the Term shall end on the "EXPIRATION DATE" specified in Article 1. If Landlord does not tender possession of Block One to Tenant on or before the Scheduled Rent Commencement Date (Block Onewhere such approval is required) or Block Two by is not in compliance with the Scheduled Rent Commencement Date (Block Two), for any reason whatsoever, Landlord shall not be liable for any damage thereby, and this Lease shall not be void or voidable thereby. . No failure to tender possession of the applicable portion of the Premises to Tenant on or before the Scheduled Rent Commencement Date (Block One) or the Scheduled Rent Commencement Date (Block Two), as the case may be, shall in any way affect any other obligations of Tenant hereunder, provided, however, that Landlord shall use its commercially reasonable efforts to recover possession of Block Two on May 31, 2000, or as soon thereafter as is reasonably feasible (without any obligation to commence any unlawful detainer proceedings against Chevron Corporation). In addition, Landlord covenants and agrees not to amend the lease with Chevron Corporation in order to grant Chevron Corporation the right to remain in possession of Block Two after May 31, 2000. In addition, if Landlord is unable to tender Block Two to Tenant on or before May 31, 2000, but Landlord has other available units of space within the Building (the "TEMPORARY SPACE"), then Landlord may (if Landlord elects to do so in its sole discretion), make such Temporary Space available for Tenant's use and occupancy for a period not to exceed 60 days. If Tenant elects to occupy such Temporary Space, Tenant shall do so on all of the terms and provisions of this Lease or which shall interfere with or delay the performance of Landlord’s Premises Work, and (including those ii) to comply and cause its contractors to comply promptly with respect all reasonable procedures prescribed by Landlord from time to Rent) time for such period as Landlord may specifycoordinating any work of Tenant with the performance of Landlord’s Premises Work and with any other activity or work in the Building, including, without limitation, the use of labor which shall work in harmony with all other contractors performing work at the Building. Landlord shall tender such Temporary Space in its then As-Is condition and shall have no obligation to ready the space for Tenant's use and occupancy. Once the respective Rent Commencement Dates are determined, Landlord and Tenant shall execute an agreement stating the Commencement Date, Rent Commencement Date (Block One), Rent Commencement Date (Block Two) and Expiration Date, but the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession of the Premises, Such access by Tenant shall be deemed to have done so when Tenant first moves Tenant's Property and/or any be subject to all of its personnel into the Premisesapplicable provisions of this Lease as if the Commencement Date had occurred, except that (i) there shall be no obligation on the part of Tenant solely because of such access to pay any Annual Fixed Rent or Additional Rent for Taxes or Operating Costs for any period prior to the extent that Rent Commencement Date, and (ii) Tenant is authorized in this Lease or by Landlord's agreement to do any of the foregoing without being shall not be deemed thereby to have taken or accepted possession of the PremisesPremises or any portion thereof. \If Tenant fails or refuses to comply or cause its contractors to comply with any of the obligations described or referred to above, then immediately upon notice to Tenant, Landlord may revoke Tenant’s rights of access to the Premises until the Commencement Date.

Commencement Date. Upon the Effective DateExcept as otherwise set forth herein, the terms and provisions hereof “Commencement Date” shall be fully binding occur on Landlord and Tenant prior November 1, 2010. Prior to the occurrence of the Commencement Date. The Term of this Lease shall commence on that date (the "COMMENCEMENT DATE") which is the earlier to occur of (i) the Effective Date or (ii) the date on which Landlord completes the acquisition of title to the Real Property. Immediately following the close of escrow of Landlord's purchase of the Real Property, Landlord shall advise Tenant in writing of the same. Unless sooner terminated or extended as hereinafter provided, the Term shall end on the "EXPIRATION DATE" specified in Article 1. If Landlord does not tender possession of Block One to Tenant on or before the Scheduled Rent Commencement Date (Block One) or Block Two by the Scheduled Rent Commencement Date (Block Two), for any reason whatsoever, Landlord shall not be liable for any damage thereby, and this Lease shall not be void or voidable thereby. . No failure to tender possession of the applicable portion of the Premises to Tenant on or before the Scheduled Rent Commencement Date (Block One) or the Scheduled Rent Commencement Date (Block Two), as the case may be, shall in any way affect any other obligations of Tenant hereunder, provided, however, that Landlord shall use its commercially reasonable efforts to recover possession of Block Two on May 31, 2000, or as soon thereafter as is reasonably feasible (without any obligation to commence any unlawful detainer proceedings against Chevron Corporation). In addition, Landlord covenants and agrees not to amend the lease with Chevron Corporation in order to grant Chevron Corporation the right to remain in possession of Block Two after May 31, 2000. In addition, if Landlord is unable to tender Block Two to Tenant on or before May 31, 2000, but Landlord has other available units of space within the Building (the "TEMPORARY SPACE"), then Landlord may (if Landlord elects to do so in its sole discretion), make such Temporary Space available for Tenant's use and occupancy for a period not to exceed 60 days. If Tenant elects to occupy such Temporary Space, Tenant shall do so on all of the terms and provisions of this Lease (including those with respect to Rent) for such period as Landlord may specify. Landlord shall tender such Temporary Space in its then As-Is condition and Seller shall have no obligation to ready sell and deliver Product and Buyer shall have no obligation to purchase and accept Product: provided, however, the space Parties may mutually agree to sell and purchase Product prior to the Commencement Date on the terms and conditions of this Contract but in no event will Buyer have an obligation to purchase the minimum Monthly quantity requirement of Product (set forth below). Seller shall keep Buyer informed of Seller’s projected completion date for Tenant's use and occupancythe propylene production facility. Once Prior to Commencement Date. Seller shall have the respective Rent option on up to two occasions to delay the Commencement Dates are determinedDate: provided however, Landlord and Tenant Seller shall execute an agreement stating notify Buyer of any such delay by providing at least ninety (90) days prior written notice to Buyer. In no event shall the Commencement Date be delayed beyond January 1, 2011 except for the occurrence a Force Majeure Event as provided below. If Seller sends a notice extending the Commencement Date, Rent then the new date set forth in such notice shall for all purpose be the “Commencement Date”. The Commencement Date (Block Oneshall be subject to extension due to a Force Majeure Event. In the event the Seller is unable to commence deliveries of Product to Buyer under this Contract on the Commencement Date, then until the completion of the construction of Seller’s propylene plant and Seller’s commencement of deliveries required hereunder, Buyer’s sole remedy shall be the right to procure replacement quantities of Product, up to a Monthly quantity of 21.750.000 pounds, and charge Seller with the additional costs paid by Buyer for such replacement quantities in excess of the costs that Buyer would have been obligated to pay Seller hereunder. As to any replacement quantities purchased by Buyer, Buyer shall use commercially reasonable efforts to minimize the purchase price of such replacement Product. If the completion of the construction of Seller’s propylene plant and Seller’s commencement of deliveries required hereunder has not occurred by March 31, 2011, and such delay has not been caused by Force Majeure Event(s), Rent Commencement Date then Buyer shall have the right to terminate this Contract by providing Seller with thirty (Block Two30) and Expiration Datedays prior written notice, but which notice must be provided, if at all, prior to the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession completion of the Premises, Tenant shall be deemed to have done so when Tenant first moves Tenant's Property and/or any construction of its personnel into the Premises, except to the extent that Tenant is authorized in this Lease or by Landlord's agreement to do any Seller’s propylene plant and Seller’s commencement of the foregoing without being deemed to have accepted possession of the Premises. \deliveries required hereunder.

Commencement Date. Upon 2.4.1 Landlord shall notify Tenant in writing of Substantial Completion. If Tenant believes that Substantial Completion has not occurred, Tenant shall notify Landlord in writing of its objections within five (5) Business Days after its receipt of the Effective Landlord's notice described in the preceding sentence. Landlord shall have a reasonable time after its receipt of Tenant's notice in which to take such action as may be necessary to achieve Substantial Completion, and shall notify Tenant in writing when such has been achieved. Taking of possession by Tenant for the purpose of doing business shall establish the Commencement Date as specified in the definition of that term even if Tenant disputes whether Substantial Completion has occurred or attempts to condition or qualify the taking of possession. Taking of possession for the purpose of doing business shall further establish that the Premises are in good and satisfactory condition on the Commencement Date and any alleged defects or deficiencies are waived by the Tenant except for any latent defects not reasonably discoverable by Tenant and incomplete Punch List Work. Tenant acknowledges that no representations as to the condition of the Premises have been made by Landlord, unless such are expressly set forth in this Lease. In the event of any dispute as to whether Substantial Completion has occurred, the receipt of a temporary certificate of occupancy shall be conclusive unless a temporary certificate of occupancy is unavailable or delayed due to causes that are Tenant's responsibility shall be conclusive. If the parties anticipate that Punch List Work will remain to be completed on the Commencement Date, the terms and provisions hereof shall be fully binding on Landlord and Tenant shall agree on such Punch List Work prior to occupancy by Tenant and Landlord will promptly complete it after the Commencement Date; provided that at Tenant's request Landlord and Tenant will prepare a supplemental list of Punch List Work within thirty (30) days after the Commencement Date to address Punch List Work that the parties inadvertently overlooked prior to the Commencement Date. Damage caused by Tenant's Agents will not be deemed Punch List Work. Landlord will promptly complete such supplemental Punch List Work after Landlord and Tenant agree upon the list. In no event shall Tenant's refusal or failure to agree on the nature and extent of Punch List Work or the existence of items of Punch List Work delay or postpone the occurrence of the Commencement Date. The Term of this Lease Tenant shall commence on that date (the "COMMENCEMENT DATE") which is the earlier to occur of (i) the Effective Date or (ii) the date on which Landlord completes the acquisition of title make no changes to the Real Property. Immediately following Plans and Specifications or the close of escrow work reflected in the Plans and Specifications without the consent of Landlord's purchase of the Real Property, Landlord shall advise Tenant in writing of the same. Unless sooner terminated or extended as hereinafter provided, the Term shall end on the "EXPIRATION DATE" specified in Article 1. If Landlord does not tender possession of Block One to Tenant on or before the Scheduled Rent Commencement Date (Block One) or Block Two by the Scheduled Rent Commencement Date (Block Two), for any reason whatsoever, Landlord shall not be liable for any damage thereby, and this Lease shall not be void or voidable thereby. . No failure to tender possession of the applicable portion of the Premises to Tenant on or before the Scheduled Rent Commencement Date (Block One) or the Scheduled Rent Commencement Date (Block Two), as the case may be, shall in any way affect any other obligations of Tenant hereunder, provided, however, that Landlord shall use its commercially reasonable efforts to recover possession of Block Two on May 31, 2000, or as soon thereafter as is reasonably feasible (without any obligation to commence any unlawful detainer proceedings against Chevron Corporation). In addition, Landlord covenants and agrees not to amend the lease with Chevron Corporation in order to grant Chevron Corporation the right to remain in possession of Block Two after May 31, 2000. In addition, if Landlord is unable to tender Block Two to Tenant on or before May 31, 2000, but Landlord has other available units of space within the Building (the "TEMPORARY SPACE"), then Landlord may (if Landlord elects to do so in its sole discretion), make such Temporary Space available for Tenant's use and occupancy for a period not to exceed 60 days. If Tenant elects to occupy such Temporary Space, Tenant shall do so on all of the terms and provisions of this Lease (including those with respect to Rent) for such period as Landlord may specify. Landlord shall tender such Temporary Space in its then As-Is condition and shall have no obligation to ready the space for Tenant's use and occupancy. Once the respective Rent Commencement Dates are determined, Landlord and Tenant shall execute an agreement stating the Commencement Date, Rent Commencement Date (Block One), Rent Commencement Date (Block Two) and Expiration Date, but the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession of the Premises, Tenant shall be deemed to have done so when Tenant first moves Tenant's Property and/or any of its personnel into the Premises, except to the extent that Tenant is authorized in this Lease or by Landlord's agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. \.

Commencement Date. Upon Subject to the Effective Datefollowing provisions, the terms and provisions hereof Commencement Date shall be fully binding the earlier of the date on Landlord and which Tenant prior occupies the Premises for business, or the date on which preparation of the Premises in accordance with Tenant's Plans is substantially complete. For the purposes of this Agreement, the Premises shall be deemed "substantially complete" upon the issuance of a certificate of occupancy or temporary certificate of occupancy with respect to the occurrence Premises. The Premises shall be conclusively presumed to be delivered and accepted in full compliance with this Agreement on the Commencement date, except for defects of which Tenant gives Landlord written notice with reasonable specificity within ten (10) business days after the Commencement Date. The Term of this Lease shall commence on that date (the "COMMENCEMENT DATE") which is the earlier to occur of (i) the Effective Date or (ii) the date on which Landlord completes the acquisition of title to the Real Property. Immediately following the close of escrow of Landlord's purchase of the Real Property, If Landlord shall advise be delayed in substantially completing the Premises as a result of: A. Tenant's failure to furnish when due Tenant's Plans, approvals of quotations or revisions of Tenant's Plans; or B. Tenant's failure to file promptly the approved Tenant's Plans and the mechanical plans and specifications provided for in Article II hereof; or C. Extra Work; or D. Tenant's changes in Tenant's Plans subsequent to approval; or E. The performance or completion of work in the Premises by Tenant in writing or by a person, firm or corporation employed by Tenant; or F. Any other act or omission caused by or on behalf of the same. Unless sooner terminated or extended as hereinafter providedTenant, including, without limitation, the Term shall end on the "EXPIRATION DATE" specified in Article 1. If Landlord does not tender possession breach by Tenant of Block One to Tenant on or before the Scheduled Rent Commencement Date (Block One) or Block Two by the Scheduled Rent Commencement Date (Block Two), for any reason whatsoever, its obligations under this Agreement; then Landlord shall not be liable responsible for any damage thereby, such delays and this Lease shall not be void or voidable thereby. . No failure to tender possession of the applicable portion of the Premises to Tenant on or before the Scheduled Rent Commencement Date (Block One) or shall be accelerated by the Scheduled Rent Commencement Date (Block Two), as the case may be, shall in any way affect any other obligations number of Tenant hereunder, provided, however, that Landlord shall use its commercially reasonable efforts to recover possession days of Block Two on May 31, 2000, or as soon thereafter as is reasonably feasible (without any obligation to commence any unlawful detainer proceedings against Chevron Corporation)such delay. In addition, Tenant shall reimburse Landlord covenants for any and agrees not to amend the lease with Chevron Corporation in order to grant Chevron Corporation the right to remain in possession all expenses, losses, costs and damages suffered by Landlord and caused by such delay. EXHIBIT "C" ----------- LETTER AGREEMENT AS TO TERM AND PREMISES Lakeside Commons Partners ("Landlord") and American Schools of Block Two after May 31Professional Psychology, 2000. In additionInc., if Landlord is unable to tender Block Two to Tenant on or before May 31, 2000, but Landlord has other available units of space within the Building an Illinois corporation (the "TEMPORARY SPACETenant"), then Landlord may (if Landlord elects do each hereby agree and certify to do so in its sole discretion), make such Temporary Space available for Tenant's use and occupancy for a period not to exceed 60 days. If Tenant elects to occupy such Temporary Space, Tenant shall do so on all the other that the Term of the terms and provisions of this Lease (including those with respect to Rent) for such period as Landlord may specify. Landlord shall tender such Temporary Space in its then As-Is condition and shall have no obligation to ready the space for Tenant's use and occupancy. Once the respective Rent Commencement Dates are determined, that certain Tenancy Agreement between Landlord and Tenant shall execute an agreement stating dated December 4, 1992, commenced February 1, 1993 and will expire on the Commencement Date31st day of August, Rent Commencement Date (Block One)2003, Rent Commencement Date (Block Two) and Expiration Date, but unless extended or sooner terminated as may be provided in the failure to do so will not affect the determination of such datesAgreement. For purposes of determining whether Tenant hereby acknowledges that it has accepted possession delivery of the PremisesPremises in "substantially complete" condition as defined in the Agreement, Tenant shall be deemed to have done so when Tenant first moves Tenant's Property and/or any and that said Premises are in full compliance with all requirements of its personnel into the PremisesAgreement, except to for defects of which Tenant gives Landlord written notice with reasonable specificity within ten (10) business days from the extent that Tenant is authorized in this Lease or by Landlord's agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. \commencement date referenced above.

Commencement Date. Upon the Effective Date, the terms and provisions hereof shall be fully binding on Landlord and Tenant prior shall use their best efforts to complete the occurrence Building and the Initial Tenant Improvements in accordance with Exhibit D hereto on the Target Commencement Date or as soon thereafter as practicable. The determination of the Commencement DateDate with respect to the Initial Premises shall depend on which contractor is selected to construct the Initial Tenant Improvements. The Term If Tenant selects the contractor engaged by Landlord to construct the shell and core of this Lease shall commence on that date the Building (the "COMMENCEMENT DATEShell and Core Contractor") which ), Landlord shall use its commercially reasonable best efforts to cause the Commencement Date to occur by May 21, 1999. If the Shell and Core Contractor's bid is the earlier lowest received by Tenant for the construction of the Tenant Improvements, or is within two percent (2%) of the lowest bid received, and Tenant chooses a contractor other than the Shell and Core Contractor, the Commencement Date shall be deemed to occur on the date that it otherwise would have occurred had the Shell and Core Contractor been chosen to construct the Initial Tenant Improvements (as reasonably determined based on the Shell and Core Contractor's proposed schedule included in its tenant work bid.) If the Shell and Core Contractor is not the lowest bidder or within two percent (2%) of the low bidder, and Tenant chooses such low bidder, the Commencement Date shall be deemed to occur on the earlier of (i) the Effective Date date five (5) weeks after that date that it otherwise would have occurred had the Shell and Core Contractor been chosen to construct the Initial Tenant Improvements (as reasonably determined based on the Shell and Core Contractor's proposed schedule included in its tenant work bid), or (ii) the date on which Landlord completes the acquisition of title Commencement Date would otherwise occur pursuant to the Real Propertyfollowing paragraph. Immediately following All of the close foregoing dates are subject to the delay provisions contained in Section 3(d) below. The contractor so selected to construct the Tenant Improvements shall be hereinafter referred to as the "Tenant Improvements Contractor." The Commencement Date with respect to the Initial Premises shall be deemed to occur on (A) the later of escrow (I) the completion date specified in the notice ("30 Day Notice") delivered to Tenant at least thirty (30) days prior to the date that the Initial Premises will be completed for occupancy or (II) the date the entirety of the Initial Premises is in fact delivered to Tenant with all of Landlord's purchase of Work and the Real PropertyInitial Tenant Improvements substantially completed, or (B) such earlier date as Landlord would have been able to so deliver the entire Premises to Tenant but for Tenant Delay (defined below). Subject to Tenant Delay or other causes beyond Landlord's control, Landlord shall advise Tenant in writing of the same. Unless sooner terminated or extended as hereinafter provided, the Term shall end on the "EXPIRATION DATE" specified in Article 1. If Landlord does not tender possession of Block One use its best efforts to Tenant on or before the Scheduled Rent Commencement Date (Block One) or Block Two by the Scheduled Rent Commencement Date (Block Two), for any reason whatsoever, Landlord shall not be liable for any damage thereby, and this Lease shall not be void or voidable thereby. . No failure to tender possession of the applicable portion of deliver the Premises to Tenant on or before no later than the Scheduled Rent completion date specified in the 30 Day Notice. Notwithstanding the foregoing, the Commencement Date (Block One) or the Scheduled Rent Commencement Date (Block Two), as the case may be, shall in any way affect any other obligations of Tenant hereunder, provided, however, that Landlord shall use its commercially reasonable efforts to recover possession of Block Two on May 31, 2000, or as soon thereafter as is reasonably feasible (without any obligation to commence any unlawful detainer proceedings against Chevron Corporation). In addition, Landlord covenants and agrees not to amend the lease with Chevron Corporation in order to grant Chevron Corporation the right to remain in possession of Block Two after May 31, 2000. In addition, if Landlord is unable to tender Block Two to Tenant on or before May 31, 2000, but Landlord has other available units of space within the Building (the "TEMPORARY SPACE"), then Landlord may (if Landlord elects to do so in its sole discretion), make such Temporary Space available for Tenant's use and occupancy for a period not to exceed 60 days. If Tenant elects to occupy such Temporary Space, Tenant shall do so on all of the terms and provisions of this Lease (including those with respect to Rent) for such period as Landlord may specify. Landlord shall tender such Temporary Space in its then As-Is condition and shall have no obligation to ready the space for Tenant's use and occupancy. Once the respective Rent Commencement Dates are determined, Landlord and Tenant shall execute an agreement stating the Commencement Date, Rent Commencement Date (Block One), Rent Commencement Date (Block Two) and Expiration Date, but the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession of the Premises, Tenant shall be deemed to have done so when occurred with respect to the Initial Premises on the date Tenant first moves occupies the Initial Premises for normal business operations, if such date is earlier than the dates described above. The Commencement Date shall not be deemed to occur until the following conditions shall have been satisfied by Landlord: (1) The utility and other systems servicing the Building and necessary for the operation of the Building or Tenant's Property and/or occupancy and full enjoyment of the Initial Premises (such as elevators, plumbing, heating, ventilating, air conditioning, electrical and security systems) shall be completed and in good order and operating condition except for (A) details of construction, decoration and mechanical adjustments which do not materially interfere with Tenant's use of the Initial Premises, and (B) any part thereof the non-completion of its personnel into which shall be due to Tenant Delay; (2) Landlord (A) shall have obtained a temporary Certificate of Occupancy for the Initial Premises, or (B) would have been entitled to the issuance of a temporary Certificate of Occupancy for the Initial Premises, but for Tenant Delay; (3) The lobby of the Building and the entrances and public portions (including the garage), stairways, corridors and elevators (including freight elevators) of the Building, shall have been finished (except for details of construction, decoration and mechanical adjustments which do not materially detract from the appearance of such areas or materially interfere with their use for normal purposes) and shall be in a clean and orderly condition affording reasonable access to all portions of the Initial Premises, or would be in such condition but for Tenant Delay; and (4) The exterior of the Building (including the installation of glass therein) shall have been completed except for (A) minor portions thereof which in the aggregate do not materially affect Tenant's use of the Premises, except and (B) any part thereof the non-completion of which shall be due to the extent that Tenant is authorized in this Lease or by Landlord's agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. \Delay.

Commencement Date. Upon the Effective Date, the terms and provisions hereof shall be fully binding on Landlord and Tenant prior to the occurrence of the any Commencement Date. The Term of this Lease shall commence on that date (the "COMMENCEMENT DATE") which is the earlier to occur in respect of (i) the Effective Date or (ii) the date on which Landlord completes the acquisition of title to the Real Property. Immediately following the close of escrow of Landlord's purchase each portion of the Real PropertyPremises on the Commencement Date in respect thereof and, Landlord shall advise Tenant in writing of the same. Unless unless sooner terminated or extended as hereinafter provided, the Term shall end on the "EXPIRATION DATE" specified in Article 1Expiration Date. If Landlord does not tender possession of Block One any portion of the Premises to Tenant on or before the Scheduled Rent Commencement Date (Block One) or Block Two by the Scheduled Rent Commencement Date (Block Two)any specified date, for any reason whatsoever, Landlord shall not be liable for any damage thereby, and this Lease shall not be void or voidable thereby, and the Term shall not commence in respect of such portion of the Premises until Landlord tenders possession of such portion of the Premises to Tenant. Landlord shall be deemed to have tendered possession of each portion of the Premises to Tenant upon the giving of notice by Landlord to Tenant stating that such portion of the Premises is vacant, in the condition required by this Lease and available for Tenant's occupancy. No failure to tender possession of the applicable any portion of the Premises to Tenant on or before the Scheduled Rent Commencement Date (Block One) or the Scheduled Rent Commencement Date (Block Two), as the case may be, any specified date shall in any way affect any other obligations of Tenant hereunder, provided, however, that Landlord shall use its commercially reasonable efforts to recover possession of Block Two on May 31, 2000, or as soon thereafter as is reasonably feasible (without any obligation to commence any unlawful detainer proceedings against Chevron Corporation). In addition, Landlord covenants and agrees not to amend the lease with Chevron Corporation in order to grant Chevron Corporation the right to remain in possession of Block Two after May 31, 2000. In addition, if Landlord is unable to tender Block Two to Tenant on or before May 31, 2000, but Landlord has other available units of space within the Building (the "TEMPORARY SPACE"), then Landlord may (if Landlord elects to do so in its sole discretion), make such Temporary Space available for Tenant's use and occupancy for a period not to exceed 60 days. If Tenant elects to occupy such Temporary Space, Tenant shall do so on all of the terms and provisions of this Lease (including those with respect to Rent) for such period as Landlord may specify. Landlord shall tender such Temporary Space in its then As-Is condition and shall have no obligation to ready the space for Tenant's use and occupancy. Once the respective Rent a Commencement Dates are Date is determined, Landlord and Tenant shall execute an agreement stating the such Commencement Date, the applicable Rent Commencement Date (Block One), Rent Commencement Date (Block Two) and Expiration Date, but the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession of any portion of the Premises, Tenant shall be deemed to have done so when Tenant first moves Tenant's Property and/or any of its personnel into such portion of the PremisesPremises and/or commences construction, except to the extent that Tenant is authorized in this Lease or by Landlord's agreement to do any of the foregoing without being deemed to have accepted possession of such portion of the Premises. \The provisions of this SECTION 2.2 are intended to constitute "an express provision to the contrary" within the meaning of Section 223-a of the New York Real Property Law or any successor Requirement. Landlord shall deliver vacant possession of the Premises (other than the 2nd Floor Premises, the 14th Floor Premises and the 15th Floor Premises) simultaneously with the execution and delivery of this Lease by the parties hereto. Tenant acknowledges that the 2nd Floor Premises are on the date hereof subject to a lease that currently has an expiration date of July 31, 2002 and that the 14th Floor Premises and the 15th Floor Premises are on the date hereof subject to a lease that is being modified to provide for the surrender of the 14th Floor Premises and the 15th Floor Premises. Landlord shall deliver vacant possession of the 2nd Floor Premises to Tenant as promptly as reasonably possible after July 31, 2002 and after Landlord obtains vacant possession of such space. Landlord shall deliver vacant possession of the 14th Floor Premises and the 15th Floor Premises to Tenant as promptly as reasonably possible after Landlord obtains vacant possession of such space. Landlord shall endeavor, without liability for failure to do so, to give Tenant not less than 2 Business Days prior notice of the date of delivery of possession of each of the 14th Floor Premises and the 15th Floor Premises by Landlord to Tenant.

Commencement Date. Upon the Effective Date, Subject to the terms and provisions hereof conditions set forth herein, Landlord hereby leases and demises to Tenant and Tenant hereby takes and leases from Landlord that certain space identified in Article 1 and shown on a plan attached hereto as Exhibit A (“Premises”) for a term (“Term”) commencing on the Commencement Date and ending on the Expiration Date set forth in Article 1, unless sooner terminated as provided herein. The Commencement Date set forth in Article 1 shall be fully binding on Landlord and advanced to such earlier date as Tenant prior to commences substantial occupancy of the occurrence Premises (as defined in Article 1) for the conduct of its business (it being understood that interim, phased occupancy of less than a substantial portion of the Premises during the construction of the Tenant Improvements shall not trigger the Commencement Date). The Term of this Lease shall commence on that date (the "COMMENCEMENT DATE") which is Upon the earlier to occur of (i) substantial completion of the Effective Date Tenant Improvements, the date of which shall be established by Landlord’s construction supervisor, or (ii) the date on by which Landlord completes Tenant has substantially occupied the acquisition of title to the Real Property. Immediately following the close of escrow of Landlord's purchase of the Real PropertyPremises as provided in Article 1.H set forth above, Landlord shall advise execute and deliver to Tenant the Commencement Date Confirmation in writing of the sameform as set forth in Exhibit E, which Tenant shall execute and return to Landlord within 5 days after receipt thereof. Unless sooner terminated or extended as hereinafter providedTenant’s failure to timely execute and deliver the Commencement Date Confirmation shall constitute an acknowledgment by Tenant that the statements included in such notice are true and correct, without exception. If Tenant disagrees with any matters set forth in the Commencement Date Confirmation, it shall set forth in a written notice to Landlord within such five-day period the matters which it disagrees with, the Term reasons for such disagreement, and the Commencement Date which Tenant contends should be established. Landlord shall end on the "EXPIRATION DATE" specified in Article 1have five days thereafter to accept or reject Tenant’s proposed Commencement Date. If Landlord does not tender possession of Block One to Tenant on or before rejects such date, then the Scheduled Rent Commencement date set forth in the initial Commence Date (Block One) or Block Two Confirmation executed and delivered by the Scheduled Rent Commencement Date (Block Two), for any reason whatsoever, Landlord shall not be liable used for any damage thereby, and this Lease shall not be void the purposes hereof until the matter is resolved by legal proceedings or voidable thereby. . No failure to tender possession further agreement of the applicable portion Parties. To the extent the Premises includes an entire floor of the Premises to Tenant on or before the Scheduled Rent Commencement Date (Block One) or the Scheduled Rent Commencement Date (Block Two), as the case may be, shall in any way affect any other obligations of Tenant hereunder, provided, however, that Landlord shall use its commercially reasonable efforts to recover possession of Block Two on May 31, 2000, or as soon thereafter as is reasonably feasible (without any obligation to commence any unlawful detainer proceedings against Chevron Corporation). In addition, Landlord covenants and agrees not to amend the lease with Chevron Corporation in order to grant Chevron Corporation the right to remain in possession of Block Two after May 31, 2000. In addition, if Landlord is unable to tender Block Two to Tenant on or before May 31, 2000, but Landlord has other available units of space within the Building (the "TEMPORARY SPACE"), then Landlord may (if Landlord elects to do so in its sole discretion), make such Temporary Space available for Tenant's use and occupancy for a period not to exceed 60 days. If Tenant elects to occupy such Temporary SpaceBuilding, Tenant shall do so on all have exclusive use of the terms and provisions of this Lease (including those with respect to Rent) for Common Areas located within such period as Landlord may specify. Landlord shall tender such Temporary Space in its then As-Is condition and shall have no obligation to ready the space for Tenant's use and occupancy. Once the respective Rent Commencement Dates are determined, Landlord and Tenant shall execute an agreement stating the Commencement Date, Rent Commencement Date (Block One), Rent Commencement Date (Block Two) and Expiration Date, but the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession of the Premises, Tenant shall be deemed to have done so when Tenant first moves Tenant's Property and/or any of its personnel into the Premises, except to the extent that Tenant is authorized in this Lease or by Landlord's agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. \floor.

Commencement Date. Upon (a) The Commencement Date shall be on or before April 1, 2002. Tenant acknowledges that it has inspected and accepts the Effective Premises, and specifically the buildings and improvements comprising the same, in their present condition as suitable for the purpose for which the Premises are leased. Taking of possession by Tenant shall be deemed conclusively to establish that said buildings and other improvements are in good and satisfactory condition as of when possession was taken and that Tenant bas determined that the Premises are suitable for Tenant's intended purposes. Landlord has made no warranties with respect to suitability and Tenant hereby expressly waives any implied warranty of same. Tenant further acknowledges that no representations as to the repair of the Premises, nor promises to alter, remodel or improve the Premises have been tirade by Landlord, unless such are expressly set forth in this lease. If this lease is executed before the Premises become vacant or otherwise available and ready for occupancy, or if any present tenant or occupant of the Premises holds over, and Landlord cannot acquire possession of the Premises prior to said Commencement Date, the terms and provisions hereof Landlord shall not be fully binding on Landlord deemed to be in default hereunder. and Tenant agrees to accept possession of the Premises at such time as Landlord is able to tender the same, which date shall thenceforth be deemed the Commencement Date; and Landlord hereby waives payment of rent covering any period prior to the occurrence tendering of possession to Tenant hereunder. After the Commencement Date, Tenant shall, upon demand, execute and deliver to Landlord a letter of acceptance of delivery of the Premises, (b) In the event this lease pertains to a building to be constructed and/or in respect of which interior modifications arc to be made to the Premises by Landlord, the provisions of this subparagraph B shall apply in lieu of the provisions of subparagraph A above and the Commencement Date shall be the date upon which the buildings and other improvements erected and to be erected upon the Premises andior interior modifications to be completed by Landlord hereunder, as applicable, shall have been substantially completed in accordance with the plan and specifications described on Exhibit “1I-2” attached hereto and incorporated herein by reference. Delays of any nature whatsoever attributable to the acts or omissions of Tenant or its employees, aments or contractors, shall not be cause for delay of the Commencement Date. The Term Landlord shall notify Tenant in writing as soon as Landlord deems said buildings and other improvements to be completed and ready for occupancy as aforesaid. In the event that said buildings and other improvements have not in fact been substantially completed as aforesaid, Tenant shall notify Landlord in writing of this Lease shall commence on that date (the "COMMENCEMENT DATE") which is the earlier to occur of (i) the Effective Date or (ii) the date on which Landlord completes the acquisition of title to the Real Property. Immediately following the close of escrow of Landlord's purchase of the Real Propertyits objections, Landlord shall advise have a reasonable time after delivery of such notice in which to take such corrective action as may be necessary, and shall notify Tenant in writing of the same. Unless sooner terminated or extended as hereinafter provided, the Term shall end on the "EXPIRATION DATE" specified in Article 1. If Landlord does not tender possession of Block One to Tenant on or before the Scheduled Rent Commencement Date (Block One) or Block Two by the Scheduled Rent Commencement Date (Block Two), for any reason whatsoever, Landlord shall not be liable for any damage thereby, and this Lease shall not be void or voidable thereby. . No failure to tender possession of the applicable portion of the Premises to Tenant on or before the Scheduled Rent Commencement Date (Block One) or the Scheduled Rent Commencement Date (Block Two), as the case may be, shall in any way affect any other obligations of Tenant hereunder, provided, however, that Landlord shall use its commercially reasonable efforts to recover possession of Block Two on May 31, 2000, or as soon thereafter as is reasonably feasible (without any obligation to commence any unlawful detainer proceedings against Chevron Corporation). In addition, Landlord covenants it deems such corrective action has been completed so that said buildings and agrees not to amend the lease with Chevron Corporation in order to grant Chevron Corporation the right to remain in possession of Block Two after May 31, 2000. In addition, if Landlord is unable to tender Block Two to Tenant on or before May 31, 2000, but Landlord has other available units of space within the Building (the "TEMPORARY SPACE"), then Landlord may (if Landlord elects to do so in its sole discretion), make such Temporary Space available improvements are completed and ready for Tenant's use and occupancy for a period not to exceed 60 days. If Tenant elects to occupy such Temporary Space, Tenant shall do so on all of the terms and provisions of this Lease (including those with respect to Rent) for such period as Landlord may specify. Landlord shall tender such Temporary Space in its then As-Is condition and shall have no obligation to ready the space for Tenant's use and occupancy. Once the respective Rent Commencement Dates are determined, Landlord and Tenant shall execute an agreement stating the Commencement Date, Rent Commencement Date (Block One), Rent Commencement Date (Block Two) and Expiration Date, but the failure to do so will not affect the determination Taking of such dates. For purposes of determining whether Tenant has accepted possession of the Premises, by Tenant shall be deemed conclusively to establish that said buildings and other improvements have done been completed in accordance with the plans and specifications and that the Premises are in good and satisfactory condition, as of when possession was so when taken. Tenant first moves Tenant's Property and/or any of its personnel into the Premises, except acknowledges that no representations as to the extent that Tenant is authorized repair of the Premises have been made by Landlord, unless such are expressly set forth in this Lease or by Landlord's agreement lease. After such Commencement Date Tenant shall, upon demand, execute and deliver to do any Landlord a letter of the foregoing without being deemed to have accepted possession acceptance of delivery of the Premises. \In the event of any dispute as to substantial completion or work performed or required to be performed by Landlord, the certificate of Landlord's architect or general contractor shall be conclusive.

Commencement Date. Upon The term "Commencement Date" shall mean the Effective Datedate when all of the following have occurred with respect to a Building: (i) all of the Base Building and Tenant Improvements for the Building to be constructed by Landlord have been Substantially Completed, (ii) a certificate of occupancy and/or a conditional use permit (not subject to restrictions which would materially limit Tenant's use and operation of the Building) or other such document has been issued for the Building by the applicable governing authority, if required, (iii) the Building has been delivered to Tenant as evidenced by delivery of the keys, and (iv) in the case of Office B, the terms and provisions hereof parking structure has been completed. Landlord shall be fully binding on Landlord and provide Tenant with access to a Building prior to the occurrence Commencement Date for that Building for purposes of installing its fixtures and equipment, preparing the Building for Tenant's use and occupancy, or for any other purpose permitted by Landlord, provided that (1) such access is in compliance with Applicable Laws, (2) Tenant shall not unreasonably interfere with the work to be performed by Landlord in the Building, and (3) that all provisions of the Lease, other than the provisions for payment of any rent or additional rent for the Building, shall apply during such early occupancy period. Tenant or a Tenant Related Party (as such term is defined in the Lease) may exercise this privilege only if (i) Tenant or such Tenant-Related Party ensures that its employees and contractors and those of its agents do not interfere with construction of the Building, (ii) Tenant or such Tenant-Related Party takes such reasonable protective precautions or measures as Landlord and/or the General Contractor may reasonably request, given the state of construction of the Building at the time of such entry, and (iii) Tenant or such Tenant-Related Party signs a liability waiver in such form as required by the General Contractor's or Landlord's insurer, if required by such insurer with such form to be reasonably acceptable to Tenant, the General Contractor and/or Landlord's insurer. If the Tenant Improvements for a Building are substantially completed prior to the Commencement Date. The Term Date for a Building, Tenant shall be allowed to use and occupy that Building prior to the Commencement Date for that Building, and Tenant shall be subject to all of the provisions of this Lease during any such early occupancy period except, where the use and occupancy is not for Tenant's intended ongoing use for the Building, the provisions concerning Base Rent which shall commence on that date (the "COMMENCEMENT DATE") which is Commencement Date for the earlier to occur of (i) Building and the Effective Commencement Date or (ii) for the Building shall be the date on which Landlord completes otherwise provided in the acquisition Lease for commencement, rather than the date of title early occupancy. Tenant's obligation to pay the Real Property. Immediately following the close additional rent related to Expenses shall begin as of escrow Tenant's occupancy of Landlord's purchase of the Real Property, Landlord shall advise Tenant in writing of the same. Unless sooner terminated all or extended as hereinafter provided, the Term shall end on the "EXPIRATION DATE" specified in Article 1. If Landlord does not tender possession of Block One to Tenant on or before the Scheduled Rent Commencement Date (Block One) or Block Two by the Scheduled Rent Commencement Date (Block Two), for any reason whatsoever, Landlord shall not be liable for any damage thereby, and this Lease shall not be void or voidable thereby. . No failure to tender possession of the applicable portion of the Premises to Tenant on or before Premises. Notwithstanding that the Scheduled Rent Commencement Date for a Building has not have occurred, in the event Tenant or a Tenant-Related Party occupies space (Block Oneother than common areas) or within the Scheduled Building for the Tenant's intended use for the space during the term of the Lease, Monthly Base Rent Commencement Date (Block Two), as the case may be, shall in any way affect any other obligations of Tenant hereunderbe payable to Landlord with respect to such space, provided, however, that Landlord shall use its commercially reasonable efforts to recover possession in the event Tenant and/or Tenant-Related Parties occupy more than 50% of Block Two on May 31, 2000, or as soon thereafter as is reasonably feasible (without any obligation to commence any unlawful detainer proceedings against Chevron Corporation). In addition, Landlord covenants and agrees not to amend the lease with Chevron Corporation in order to grant Chevron Corporation the right to remain in possession of Block Two after May 31, 2000. In addition, if Landlord is unable to tender Block Two to Tenant on or before May 31, 2000, but Landlord has other available units of space within the a Building (the "TEMPORARY SPACE"), then Landlord may (if Landlord elects to do so in its sole discretion), make such Temporary Space available for Tenant's intended use and occupancy for a period not to exceed 60 days. If Tenant elects to occupy such Temporary Space, Tenant shall do so on all the space during the term of the terms and provisions of this Lease (including those with respect to Rent) for such period as Landlord may specify. Landlord shall tender such Temporary Space in its then As-Is condition and shall have no obligation to ready the space for Tenant's use and occupancy. Once the respective Rent Commencement Dates are determined, Landlord and Tenant shall execute an agreement stating the Commencement Date, Rent Commencement Date (Block Oneexcluding common areas), the Monthly Base Rent Commencement Date (Block Two) and Expiration Date, but for the failure to do so will not affect the determination of such dates. For purposes of determining whether Tenant has accepted possession of the Premises, Tenant entire Building shall be deemed to have done so when Tenant first moves Tenant's Property and/or any of its personnel into the Premises, except to the extent that Tenant is authorized in this Lease or by Landlord's agreement to do any of the foregoing without being deemed to have accepted possession of the Premises. \due and payable.