Common use of LANDLORD’S INITIAL CONSTRUCTION Clause in Contracts

LANDLORD’S INITIAL CONSTRUCTION. Landlord has constructed, at its sole cost and expense, the base, shell and core (i) of the Premises, and (ii) of the floor of the Project on which the Premises is located (collectively, the “Base, Shell and Core”). Tenant has inspected and hereby approves the condition of the Premises and the Base, Shell and Core, and agrees that the Premises and the Base, Shell and Core shall be delivered to Tenant in their current “as-is” condition; provided, however, Landlord shall deliver the Premises to Tenant in broom clean condition with the mechanical, plumbing, common HVAC systems, life/safety, and other Building systems servicing the Premises in good working order and condition no later than the Estimated Delivery Date (as defined in the Lease) as such date may be extended under Article 2 of the Lease. If Landlord fails to deliver the Premises to Tenant in the condition specified in the immediately preceding sentence, then Tenant may, as Tenant’s sole remedy (provided, however, Tenant shall retain any remedies under Article 2 and Section 30(bb) of the Lease and the foregoing shall not affect Landlord’s ongoing repair and maintenance obligations), notify Landlord in writing, which notice shall specify the particular items which are not in compliance and Landlord shall perform the work necessary to cause the Premises to be in the required condition. Tenant’s failure to deliver such written notice to Landlord within sixty (60) after the earlier of the Pod 4 Portion Commencement Date or the Pod 5 Portion Commencement Date, as the case may be, shall be deemed to constitute Landlord’s satisfaction of such obligation. If Tenant timely delivers such written notice to Landlord, Landlord shall, at Landlord’s sole cost and expense, promptly correct any such items (except to the extent that such repair is attributable to the acts or omissions of Tenant or Tenant’s contractors or agents (in which event Tenant shall be solely responsible for the same). The renovations to the improvements by or on behalf of Tenant in the Premises shall be designed and constructed pursuant to this Tenant Work Letter.

LANDLORD’S INITIAL CONSTRUCTION. Landlord has constructed, at its sole cost and expense, shall cause the base, shell and core (i) construction or installation of the Premisesfollowing items in a good and workmanlike manner using Building-standard materials, methods and (ii) of the floor of the Project on which the Premises is located finishes (collectively, the “BaseInitial Landlord Work”): A. Replace/reinstall the missing doors and door hardware within the Premises (approximately 10-12 doors) to match the existing doors. B. Repair all light ballasts and lamps. Notwithstanding any contrary provision of this Lease, Shell the Initial Landlord Work shall be performed at Landlord’s expense and Core”)shall not be deemed Tenant Improvements, Tenant Improvement Work or a TI Allowance Item. Tenant has inspected and hereby approves Landlord shall use commercially reasonable efforts to cause the condition Initial Landlord Work to be performed in a manner that does not interfere with or delay Tenant’s performance of the Premises and the Base, Shell and Core, and agrees that the Premises and the Base, Shell and Core shall be delivered to Tenant in their current “as-is” conditionImprovement Work; provided, however, that Landlord shall deliver not be required to delay performance of, or pay overtime rates for, the Initial Landlord Work. Tenant shall cause the Tenant Improvement Work to be performed in a manner that does not interfere with or delay Landlord’s performance of the Initial Landlord Work. , 20 To: Re: Office Lease (the “Lease”) dated , 20 , between , a (“Landlord”), and , a (“Tenant”), concerning Suite on the floor of the building located at [1200] [1300] [1600] [1700] [1800] [1900] Xxxxxxx Xxxxxxxxx, Xxxxxxx Xxxx, XX 00000, commonly known as Pacific Shores Center – Building Number [ ] Lease ID: Business Unit Number: Dear : In accordance with the Lease, Tenant accepts possession of the Premises and confirms the following: 1. The Commencement Date is and the Expiration Date is . 2. The exact number of rentable square feet within the Premises, according to Tenant in broom clean condition with Landlord’s most recent measurement, is square feet, subject to Section 2.1.1 of the mechanicalLease. 3. Tenant’s Share, plumbing, common HVAC systems, life/safety, and other Building systems servicing based upon the exact numbers of rentable square feet within the Premises in good working order and condition no later than the Estimated Delivery Date Building (as defined in the Leaseaccording to Landlord’s most recent measurement) as such date may be extended under Article 2 is %, subject to Section 2.1.1 of the Lease. If Landlord Please acknowledge the foregoing by signing all three (3) counterparts of this letter in the space provided below and returning two (2) fully executed counterparts to my attention. Please note that, pursuant to Section 2.1.1 of the Lease, if Tenant fails to deliver the Premises execute and return (or, by notice to Tenant in the condition specified in the immediately preceding sentenceLandlord, then Tenant may, as Tenant’s sole remedy reasonably object to) this letter within five (provided, however5) days after receiving it, Tenant shall retain any remedies under Article 2 and Section 30(bb) of the Lease and the foregoing shall not affect Landlord’s ongoing repair and maintenance obligations), notify Landlord in writing, which notice shall specify the particular items which are not in compliance and Landlord shall perform the work necessary to cause the Premises to be in the required condition. Tenant’s failure to deliver such written notice to Landlord within sixty (60) after the earlier of the Pod 4 Portion Commencement Date or the Pod 5 Portion Commencement Date, as the case may be, shall be deemed to constitute Landlord’s satisfaction have executed and returned it without exception. , By: Name: Title: Agreed and Accepted as of such obligation, 201 . If Tenant timely delivers such written notice to Landlord, Landlord shall, at Landlord’s sole cost and expense, promptly correct any such items (except to the extent that such repair is attributable to the acts or omissions of Tenant or Tenant’s contractors or agents (in which event Tenant shall be solely responsible for the same). The renovations to the improvements by or on behalf of Tenant in the Premises shall be designed and constructed pursuant to this Tenant Work Letter.By: Name: Title:

LANDLORD’S INITIAL CONSTRUCTION. Subject to the other terms and provisions hereof, Landlord has constructedagrees, at its sole cost and expenseexpense and without charge to Tenant, to do the basefollowing work, shell and core (i) of one time, in the Premises, all of which work shall be of quality, installation, design, capacity, finish and (ii) color of the floor of building standard adopted by Landlord for the Project on which the Premises is located (collectively, the Building hereinafter called “Base, Shell and CoreBuilding Standard”). Tenant has inspected and hereby approves the condition of the Premises and the Base, Shell and Core, and agrees that the Premises and the Base, Shell and Core shall be delivered to Tenant in their current “as-is” condition; provided, however, : • Landlord shall deliver build out the Premises Premises, using Building Standard finishes, as per the plan and workletter attached in Schedule 1. • Landlord shall cosmetically upgrade the existing bathrooms in the Premises. • Landlord shall provide and install a two (2) ton supplemental AC unit in the server room. • Landlord to Tenant provide complete ADA and code compliant sprinkler system and life safety system in broom clean condition with the mechanical, plumbing, common HVAC systems, life/safety, Premises. • Landlord to provide asbestos free and other unobstructed vertical and horizontal shaft space for Tenant’s communication needs. • Deliver all Building systems servicing and HVAC units serving the Premises in good working order order. • Remove all Hazardous Substances and condition no later than Prohibited CFC’s from the Estimated Delivery Date (as defined in Premises. Notwithstanding anything contained herein to the Lease) as such date may be extended under Article 2 of the Lease. If Landlord fails to deliver the Premises to Tenant in the condition specified in the immediately preceding sentencecontrary, then Tenant may, as Tenant’s sole remedy (provided, however, Tenant shall retain any remedies under Article 2 and Section 30(bb) of the Lease and the foregoing shall not affect Landlord’s ongoing repair and maintenance obligations), notify Landlord in writing, which notice shall specify the particular items which are not in compliance and Landlord shall perform the work necessary to cause the Premises to be in the required condition. Tenant’s failure to deliver such written notice to Landlord within sixty (60) after the earlier of the Pod 4 Portion Commencement Date or the Pod 5 Portion Commencement Date, as the case may be, Initial Construction shall be deemed to constitute have been substantially completed on the earlier of (i) the date upon which Landlord’s satisfaction Initial Construction has been completed, other than (A) minor details or adjustments, (B) items which, in accordance with good construction practice, should be performed after completion of such obligation. If Tenant timely delivers such written notice to Landlord, Landlord shall, at Tenant’s initial Alterations and (C) any part of Landlord’s sole cost Initial Construction that is not completed due to Tenant Delay (as defined herein); provided, that in each case Landlord shall nevertheless remain obligated to complete Landlord’s Initial Construction and expense, promptly correct (ii) the date Tenant takes possession of the Premises for the performance of Alterations or for any such items (except to other reason. The taking of possession of the extent that such repair is attributable to the acts or omissions of Tenant or Tenant’s contractors or agents (in which event Premises by Tenant shall be solely responsible for conclusive evidence as against Tenant that, at the same). The renovations to the improvements by or on behalf of Tenant in time such possession was so taken, the Premises shall be designed and constructed pursuant the Building were in good and satisfactory condition and that Landlord’s Initial Construction was fully and satisfactorily completed except for minor or insubstantial details of construction or mechanical adjustment which Landlord agrees to this Tenant Work Lettercomplete with reasonable diligence after Tenant’s taking of possession.

LANDLORD’S INITIAL CONSTRUCTION. Subject to the other terms and provisions hereof, Landlord has constructedagrees, at its sole cost and expenseexpense and without charge to Tenant, to do the base, shell and core (i) of following work in the Premises, all of which work shall be of quality, installation, design, capacity, finish and (ii) color of the floor of building standard adopted by Landlord for the Project on which the Premises is located (collectively, the “Base, Shell and Core”). Tenant has inspected and hereby approves the condition of the Premises and the Base, Shell and Core, and agrees that the Premises and the Base, Shell and Core shall be delivered to Tenant in their current “as-is” condition; provided, however, Landlord shall deliver the Premises to Tenant in broom clean condition with the mechanical, plumbing, common HVAC systems, life/safety, and other Building systems servicing the Premises in good working order and condition no later than the Estimated Delivery Date (hereinafter called "Building Standard" except as defined in the Lease) as such date may be extended under Article 2 of the Lease. If Landlord fails to deliver the Premises to Tenant in the condition otherwise specified in the immediately preceding sentence, then Tenant may, as Tenant’s sole remedy (provided, however, Tenant shall retain any remedies under Article 2 Plans and Section 30(bb) of the Lease and the foregoing shall not affect Specifications. Ø Landlord’s ongoing repair and maintenance obligations), notify Landlord in writing, which notice shall specify the particular items which are not in compliance and Landlord shall perform the work necessary to cause the Premises to be in the required condition. Tenant’s failure to deliver such written notice to Landlord within sixty (60) after the earlier of the Pod 4 Portion Commencement Date or the Pod 5 Portion Commencement Date, as the case may be, shall be deemed to constitute Landlord’s satisfaction of such obligation. If Tenant timely delivers such written notice to Landlord, Landlord shall, at Landlord’s sole cost and expense, promptly correct any such items shall provide a “new building installation” in the Premises based on Tenant’s Plans and Specifications, which are attached hereto in Exhibit 1, which work shall be completed (except for “punchlist items”) on but not before January 1, 2010 (the “Lease Commencement Date”). Landlord shall provide all architectural services with respect to Landlord’s Initial Construction at Landlord’s sole expense. Landlord shall obtain all permits and approvals with respect to Landlord’s said work, at Landlord’s sole expense. Landlord’s work shall be performed in accordance with Tenant’s Plans and Specifications as shown in Exhibit 1. Ø Notwithstanding anything contained herein to the extent contrary, Landlord’s Initial Construction shall be deemed to have been substantially completed on the earlier of (i) the date upon which Landlord’s Initial Construction has been completed, other than (A) minor details or adjustments, (B) items which, in accordance with good construction practice, should be performed after completion of Tenant's Initial Construction and (C) any part of Landlord’s Initial Construction that such repair is attributable not completed due to Tenant Delay; provided, that in each case Landlord shall nevertheless remain obligated to complete Landlord’s Initial Construction and (ii) the acts or omissions date Tenant takes possession of the Premises for the performance of Alterations. The taking of possession of the Premises by Tenant for the performance of Alterations by Tenant or Tenant’s contractors or agents (in which event Tenant shall be solely responsible for the same). The renovations to the improvements by or on behalf commencement of Tenant its business operations in the Premises shall be designed conclusive evidence as against Tenant that, at the time such possession was so taken, the Premises and constructed pursuant the Building were in good and satisfactory condition and that Landlord’s Initial Construction was fully and satisfactorily completed except for minor or insubstantial details of construction or mechanical adjustment which Landlord agrees to this Tenant Work Lettercomplete with reasonable diligence after said Tenant’s taking of possession of the Premises.

LANDLORD’S INITIAL CONSTRUCTION. Subject to the other terms and provisions hereof, Landlord has constructedagrees, at its sole cost and expenseexpense and without charge to Tenant, to do the base, shell and core (i) of following work in the Premises, all of which work shall be of quality, installation, design, capacity, finish and (ii) color of the floor of building standard adopted by Landlord for the Project on which the Premises is located (collectively, the “Base, Shell and Core”). Tenant has inspected and hereby approves the condition of the Premises and the Base, Shell and Core, and agrees that the Premises and the Base, Shell and Core shall be delivered to Tenant in their current “as-is” condition; provided, however, Landlord shall deliver the Premises to Tenant in broom clean condition with the mechanical, plumbing, common HVAC systems, life/safety, and other Building systems servicing the Premises in good working order and condition no later than the Estimated Delivery Date (hereinafter called "Building Standard" except as defined in the Lease) as such date may be extended under Article 2 of the Lease. If Landlord fails to deliver the Premises to Tenant in the condition otherwise specified in the immediately preceding sentence, then Tenant may, as Tenant’s sole remedy (provided, however, Tenant shall retain any remedies under Article 2 Plans and Section 30(bb) of the Lease and the foregoing shall not affect Specifications. Landlord’s ongoing repair and maintenance obligations), notify Landlord in writing, which notice shall specify the particular items which are not in compliance and Landlord shall perform the work necessary to cause the Premises to be in the required condition. Tenant’s failure to deliver such written notice to Landlord within sixty (60) after the earlier of the Pod 4 Portion Commencement Date or the Pod 5 Portion Commencement Date, as the case may be, shall be deemed to constitute Landlord’s satisfaction of such obligation. If Tenant timely delivers such written notice to Landlord, Landlord shall, at Landlord’s sole cost and expense, promptly correct any such items shall provide a “new building installation” in the Premises based on Tenant’s Plans and Specifications, which are attached hereto in Exhibit 1, which work shall be completed (except for “punchlist items”) on but not before January 1, 2010 (the “Lease Commencement Date”). Landlord shall provide all architectural services with respect to Landlord’s Initial Construction at Landlord’s sole expense. Landlord shall obtain all permits and approvals with respect to Landlord’s said work, at Landlord’s sole expense. Landlord’s work shall be performed in accordance with Tenant’s Plans and Specifications as shown in Exhibit 1. Notwithstanding anything contained herein to the extent contrary, Landlord’s Initial Construction shall be deemed to have been substantially completed on the earlier of (i) the date upon which Landlord’s Initial Construction has been completed, other than (A) minor details or adjustments, (B) items which, in accordance with good construction practice, should be performed after completion of Tenant's Initial Construction and (C) any part of Landlord’s Initial Construction that such repair is attributable not completed due to Tenant Delay; provided, that in each case Landlord shall nevertheless remain obligated to complete Landlord’s Initial Construction and (ii) the acts or omissions date Tenant takes possession of the Premises for the performance of Alterations. The taking of possession of the Premises by Tenant for the performance of Alterations by Tenant or Tenant’s contractors or agents (in which event Tenant shall be solely responsible for the same). The renovations to the improvements by or on behalf commencement of Tenant its business operations in the Premises shall be designed conclusive evidence as against Tenant that, at the time such possession was so taken, the Premises and constructed pursuant the Building were in good and satisfactory condition and that Landlord’s Initial Construction was fully and satisfactorily completed except for minor or insubstantial details of construction or mechanical adjustment which Landlord agrees to this Tenant Work Lettercomplete with reasonable diligence after said Tenant’s taking of possession of the Premises.