Common use of Lease Terms Co-Extensive Clause in Contracts

Lease Terms Co-Extensive. It is acknowledged that (i) Landlord and Tenant have previously executed four separate leases. Two of said leases dated October 31, 1989 are for Premises located at 1000 Xxxxxx Xxxxx and 400 XxXxxxxx Xxxx., Milpitas, California (the “1989 Leases”; one of said leases dated September 17, 1990 is for Premises located at 1000 Xxxxx Xxxxx, Xxxxxxxx, Xxxxxxxxxx, and one of said leases dated April 10, 1992 is for Premises located at 900 Xxxxx Xxxxx, Xxxxxxxx, Xxxxxxxxxx (hereinafter collectively referred to as the “Existing Leases”), and (ii) it is the intention of the parties that the term of this Lease be co-extensive with the term of the Existing Leases, such that the terms of all five leases (“the Leases”) expire on the same date. It is hereby agreed that following the date upon which the Commencement Date of this Lease becomes established as a date certain following completion of improvements and satisfaction of any other conditions related to determining such date, the term of this Lease may be extended to coincide with the termination dates of the Existing Leases, however, in no event will the term of this Lease be for a period of less than ten (10) years nor will the termination dates of the Existing Leases be prior to the termination date of this Lease. As soon as the parties are able to implement the provisions of this Paragraph because the Commencement Date of this Lease has been determined following completion of improvements and satisfaction of other appropriate conditions, the parties shall execute an amendment to (i) this Lease establishing the applicable Commencement Date in accordance with the foregoing provisions of this Paragraph 40C, the actual rent based upon the measurements of the completed building covered by this Lease as certified prior to the Commencement Date by an architect or general contractor reasonably approved by the parties, and the actual date for each rent adjustment provided for in this Lease, based upon the actual Lease Commencement Date. The provisions of this Paragraph 40C also requires the terms of all the Leases to be extended accordingly if Tenant exercises its Option to Extend under any of the Leases. The monthly Basic Rent during the extended term under each of the Leases shall be increased by $.05 per square foot on the commencement date of the extended term and thereafter on each and every anniversary of the respective lease Commencement Date.

Lease Terms Co-Extensive. It is acknowledged that (i) Landlord and Tenant have previously executed four separate leases. Two [Illegible] adjacent property upon which is to be constructed a building for Tenant’s use consisting of said leases dated October 31, 1989 are for Premises located at 1000 Xxxxxx Xxxxx and 400 XxXxxxxx Xxxx., Milpitas, California approximately 176,516 square feet (the “1989 Leases”; one of said leases dated September 17, 1990 is for Premises located at 1000 Xxxxx Xxxxx, Xxxxxxxx, Xxxxxxxxxx, and one of said leases dated April 10, 1992 is for Premises located at 900 Xxxxx Xxxxx, Xxxxxxxx, Xxxxxxxxxx (hereinafter collectively referred to as the “Existing LeasesCompanion Lease”), and (ii) it is the intention of the parties that the term of this Lease be co-extensive with the term of the Existing LeasesCompanion Lease, such that the terms of all five both leases (“the Leases”) expire on the same date. It is hereby agreed To that end, in the event that following the date upon which the Commencement Date of this Lease becomes and the comparable “Commencement Date” of the Companion Lease become established as a date certain following completion of improvements and satisfaction of any other conditions related to determining such datedates, and if such dates are not the same, then whichever date occurs later shall be the expiration date of the lease term for both leases (subject to the right of Tenant to extend either lease pursuant to the options to extend granted in the two leases). It is acknowledged that the implementation of this paragraph may result in an extension of the term of this Lease may be extended to coincide with the termination dates of the Existing Leases, howeverLease, in no which event will Tenant shall continue to pay rent at the term of this Lease be rate applicable for a the period of less than ten (10) years nor will the termination dates of the Existing Leases be immediately prior to the termination date of this Leaseadjusted lease term expiration date. As soon as the parties are able to implement the provisions of this Paragraph paragraph because the Commencement Date of this Lease has and “Commencement Date” of the Companion Lease have been determined following completion of improvements and satisfaction of other appropriate conditions, the parties shall execute an amendment amendments to (i) this Lease and the Companion Lease establishing the applicable Commencement Date Date, the expiration date of the term of the leases in accordance with the foregoing provisions of this Paragraph 40C41C, the actual rent based upon the measurements of the completed building covered by this Lease such lease as certified prior to the Commencement Date by an architect or general contractor reasonably approved by the parties, and the actual date for each rent adjustment provided for in this Leaseeach lease, based upon the actual Lease Commencement Date. The provisions of this Paragraph 40C also requires the terms of all the Leases to be extended accordingly if Tenant exercises its Option to Extend under any of the Leases. The monthly Basic Rent during the extended term under each of the Leases shall be increased by $.05 per square foot on the commencement date of the extended term and thereafter on each and every anniversary of the respective lease Commencement Date.

Lease Terms Co-Extensive. It is acknowledged that (i) Landlord and Tenant have previously executed four has granted Tenant, pursuant to a separate leases. Two Option Agreement of said leases dated October 31even date herewith, 1989 are for an Option to Lease an additional building on the parcel adjacent to the Premises located at 1000 Xxxxxx Xxxxx and 400 XxXxxxxx Xxxx., Milpitas, California (the “1989 Leases”; one of said leases dated September 17, 1990 is for Premises located at 1000 Xxxxx Xxxxx, Xxxxxxxx, Xxxxxxxxxx, and one of said leases dated April 10, 1992 is for Premises located at 900 Xxxxx Xxxxx, Xxxxxxxx, Xxxxxxxxxx (hereinafter collectively referred to as the “Existing Leases”"Building 7 Lease"), and (ii) it is the intention of the parties that the term Term of this Lease be co-extensive with the term of the Existing LeasesBuilding 7 Lease, such that the terms of all five both leases (“"the Leases”") expire on the same date. It In the event Tenant exercises its Option to Lease Building 7 (pursuant to the terms and conditions of the Option Agreement), it is hereby agreed that following the date upon which the Commencement Date of this the Building 7 Lease becomes established as a date certain following completion of improvements and satisfaction of any other conditions related to determining such date, the term Term of this Lease may shall be extended to coincide with such that the termination dates of the Existing Leases, however, in no event will the term scheduled Termination Date of this Lease be for a period of less than ten (10) years nor will coincides with the termination dates of the Existing Leases be prior to the scheduled termination date of this the Building 7 Lease. As soon as the parties are able to implement the provisions of this Paragraph because the Commencement Date of this the Building 7 Lease has been determined following completion of improvements and satisfaction of other appropriate conditions, the parties shall execute an amendment to this Lease (i) extending the initial Term of this Lease establishing (if necessary) to be co-terminous with the applicable initial termination date of the Building 7 Lease and (ii) adjusting the Options to Extend accordingly. The monthly Basic Rent on this Lease during the Extension Period shall be increased by $.05 per square foot on the commencement date of said Extension Period. For example, if the Building 7 Lease commences on May 1, 2004, and this Lease commences the scheduled Commencement Date in accordance with of May 1, 1998, the foregoing provisions initial Term of this Paragraph 40C, the actual rent based upon the measurements of the completed building covered Lease shall be extended by this Lease as certified prior to the Commencement Date by an architect or general contractor reasonably approved by the parties, one year and the actual date for each rent adjustment provided for in this Lease, based upon per square foot monthly Basic Rent during the actual Lease Commencement DateExtension Period shall be $2.35 per square foot. The provisions of this Paragraph 40C also requires the terms of all both of the Leases to be extended accordingly if Tenant exercises its Option to Extend under any either of the Leases. The monthly Basic Rent during the extended term under each of the Leases shall be increased by $.05 per square foot on the commencement date of the extended term and thereafter on each and every anniversary of the respective lease Commencement Date.

Lease Terms Co-Extensive. It is acknowledged that (i) concurrently with the execution of this Lease, Landlord and Tenant have previously executed four separate leases. Two of said leases are also executing a lease dated October 31, 1989 are affecting adjacent property upon which is to be constructed a building for Premises located at 1000 Xxxxxx Xxxxx and 400 XxXxxxxx Xxxx., Milpitas, California Tenant’s use consisting of approximately 155,734 square feet (the “1989 Leases”; one of said leases dated September 17, 1990 is for Premises located at 1000 Xxxxx Xxxxx, Xxxxxxxx, Xxxxxxxxxx, and one of said leases dated April 10, 1992 is for Premises located at 900 Xxxxx Xxxxx, Xxxxxxxx, Xxxxxxxxxx (hereinafter collectively referred to as the “Existing LeasesCompanion Lease”), and (ii) it is the intention of the parties that the term of this Lease be co-extensive with the term of the Existing LeasesCompanion Lease, such that the terms of all five both leases (“the Leases”) expire on the same date. It is hereby agreed To that end, in the event that following the date upon which the Commencement Date of this Lease becomes and the comparable “Commencement Date” of the Companion Lease become established as a date certain following completion of improvements and satisfaction of any other conditions related to determining such datedates, and if such dates are not the same, then whichever date occurs later shall be the expiration date of the lease term for both leases (subject to the right of Tenant to extend either lease pursuant to the options to extend granted in the two leases). It is acknowledged that the implementation of this paragraph may result in an extension of the term of this Lease may be extended to coincide with the termination dates of the Existing Leases, howeverLease, in no which event will Tenant shall continue to pay rent at the term of this Lease be rate applicable for a the period of less than ten (10) years nor will the termination dates of the Existing Leases be immediately prior to the termination date of this Leaseadjusted lease term expiration date. As soon as the parties are able to implement the provisions of this Paragraph paragraph because the Commencement Date of this Lease has and “Commencement Date” of the Companion Lease have been determined following completion of improvements and satisfaction of other appropriate conditions, the parties shall execute an amendment amendments to (i) this Lease and the Companion Lease establishing the applicable Commencement Date Date, the expiration date of the term of the leases in accordance with the foregoing provisions of this Paragraph 40C41C, the actual rent based upon the measurements of the completed building covered by this Lease such lease as certified prior to the Commencement Date by an architect or general contractor reasonably approved by the parties, and the actual date for each rent adjustment provided for in this Leaseeach lease, based upon the actual Lease Commencement Date. The provisions of this Paragraph 40C also requires the terms of all the Leases to be extended accordingly if Tenant exercises its Option to Extend under any of the Leases. The monthly Basic Rent during the extended term under each of the Leases shall be increased by $.05 per square foot on the commencement date of the extended term and thereafter on each and every anniversary of the respective lease Commencement Date.

Lease Terms Co-Extensive. It is acknowledged that (i) Landlord and Tenant have previously executed four has granted Tenant, pursuant to a separate leases. Two Option Agreement of said leases dated October 31even date herewith, 1989 are for an Option to Lease an additional building on the parcel adjacent to the Premises located at 1000 Xxxxxx Xxxxx and 400 XxXxxxxx Xxxx., Milpitas, California (( the “1989 Leases”; one of said leases dated September 17, 1990 is for Premises located at 1000 Xxxxx Xxxxx, Xxxxxxxx, Xxxxxxxxxx, and one of said leases dated April 10, 1992 is for Premises located at 900 Xxxxx Xxxxx, Xxxxxxxx, Xxxxxxxxxx (hereinafter collectively referred to as the “Existing LeasesBuilding 7 Lease”), and (ii) it is the intention of the parties that the term Term of this Lease be co-extensive with the term of the Existing LeasesBuilding 7 Lease, such that the terms of all five both leases (“the Leases”) expire on the same date. It In the event Tenant exercises its Option to Lease Building 7 (pursuant to the terms and conditions of the Option Agreement), it is hereby agreed that following the date upon which the Commencement Date of this the Building 7 Lease becomes established as a date certain following completion of improvements and satisfaction of any other conditions related to determining such date, the term Term of this Lease may shall be extended to coincide with such that the termination dates of the Existing Leases, however, in no event will the term scheduled Termination Date of this Lease be for a period of less than ten (10) years nor will coincides with the termination dates of the Existing Leases be prior to the scheduled termination date of this the Building 7 Lease. As soon as the parties are able to implement the provisions of this Paragraph because the Commencement Date of this the Building 7 Lease has been determined following completion of improvements and satisfaction of other appropriate conditions, the parties shall execute an amendment to this Lease (i) extending the initial Term of this Lease establishing (if necessary) to be co-terminous with the applicable initial termination date of the Building 7 Lease and (ii) adjusting the Options to Extend accordingly. The monthly Basic Rent on this Lease during the Extension Period shall be increased by $.05 per square foot on the commencement date of said Extension Period. For example, if the Building 7 Lease commences on May 1, 2004, and this Lease commences the scheduled Commencement Date in accordance with of May 1, 1998, the foregoing provisions initial Term of this Paragraph 40C, the actual rent based upon the measurements of the completed building covered Lease shall be extended by this Lease as certified prior to the Commencement Date by an architect or general contractor reasonably approved by the parties, one year and the actual date for each rent adjustment provided for in this Lease, based upon per square foot monthly Basic Rent during the actual Lease Commencement DateExtension Period shall be $[Illegible].35 per square foot. The provisions of this Paragraph 40C also requires the terms of all both of the Leases to be extended accordingly if Tenant exercises its Option to Extend under any either of the Leases. The monthly Basic Rent during the extended term under each of the Leases shall be increased by $.05 per square foot on the commencement date of the extended term and thereafter on each and every anniversary of the respective lease Commencement Date.

Lease Terms Co-Extensive. It is acknowledged that (i) Landlord and Tenant have previously executed four two separate leases. Two of said leases dated October 31, 1989 are (hereinafter referred to as the 1989 Leases) for Premises located at 1000 Xxxxxx Xxxxx and 400 XxXxxxxx Xxxx., Milpitas, California (California, affecting property upon which two separate buildings are being constructed for Tenant’s use. The parties to said 1989 Leases have agreed that the 1989 Leases will commence on the later of April 1, 1991 or the date the “1989 Leases”; one of said leases Improvements” are “Substantially Completed” (as that term is defined in Amendment No. 1 dated September 17April 29, 1990 is for Premises located at 1000 Xxxxx Xxxxx, Xxxxxxxx, Xxxxxxxxxx, to the 1989 Leases between Landlord and one of said leases dated April 10, 1992 is for Premises located at 900 Xxxxx Xxxxx, Xxxxxxxx, Xxxxxxxxxx (hereinafter collectively referred to as the “Existing Leases”Tenant), and (ii) it is the intention of the parties that the term of this Lease be co-extensive with the term of the Existing 1989 Leases, such that the terms of all five three leases (“the Leases”) expire on the same date. It is hereby agreed To that end, in the event that following the date upon which the Commencement Date of this Lease becomes and the commencement dates for the 1989 Leases become established as a date dates certain following completion of improvements and satisfaction of any other conditions related to determining such datedates, the term of this Lease may be reduced or extended to coincide with the termination dates term of the Existing 1989 Leases, however, in no event will the term of this Lease be for a period of less than ten (10) years nor will years. It is acknowledged that the termination dates implementation of this paragraph may result in an extension of the Existing Leases be term of this Lease, in which event Tenant shall continue to pay rent at the rate applicable for the period immediately prior to the termination date of this Leaseadjusted lease term expiration date. As soon as the parties are able to implement the provisions of this Paragraph paragraph because the Commencement Date of this Lease has and the commencement dates of the 1989 Leases have been determined following completion of improvements and satisfaction of other appropriate conditions, the parties shall execute an amendment to (i) this Lease establishing the applicable Commencement Date and the expiration date of the term of this Lease in accordance with the foregoing provisions of this Paragraph 40C, the actual rent based upon the measurements of the completed building covered by this Lease as certified prior to the Commencement Date by an architect or general contractor reasonably approved by the parties, and the actual date for each rent adjustment provided for in this Lease, based upon the actual Lease Commencement Date. The provisions of this Paragraph 40C also requires the terms of all the Leases to be extended accordingly if Tenant exercises its Option to Extend under any of the Leases. The monthly Basic Rent during the extended term under each of the Leases shall be increased by $.05 per square foot on the commencement date of the extended term and thereafter on each and every anniversary of the respective lease Commencement Date.

Lease Terms Co-Extensive. It is acknowledged that (i) Landlord and Tenant have previously executed four three separate leases. Two of said leases dated October 31, 1989 (hereinafter referred to as the 1989 Leases) are for Premises located at 1000 Xxxxxx Xxxxx and 400 XxXxxxxx Xxxx., Milpitas, California (the “1989 Leases”; and one of said leases dated September 17, 1990 (hereinafter referred to as the “1990 Lease”) is for Premises located at 1000 Xxxxx Xxxxx, Xxxxxxxx, Xxxxxxxxxx, and one of said leases dated April 10, 1992 is for Premises located at 900 Xxxxx Xxxxx, Xxxxxxxx, Xxxxxxxxxx (hereinafter collectively referred to as the “Existing Leases”), and (ii) it is the intention of the parties that the term of this Lease be co-extensive with the term of the Existing Leases1989 Leases and the 1990 Lease, such that the terms of all five four leases (“the Leases”) expire on the same date. It is hereby agreed To that end, following the date upon which the Commencement Date of this Lease becomes established as a date certain following completion of improvements and satisfaction of any other conditions related to determining such date, the term of this Lease may be reduced or extended to coincide with the termination dates term of the Existing Leases1989 Leases and the 1990 Lease, however, in no event will the term of this Lease be for a period of less than ten (10) years nor will the termination dates of the Existing Leases be prior to the termination date of this Leaseyears. As soon as the parties are able to implement the provisions of this Paragraph paragraph because the Commencement Date of this Lease has been determined following completion of improvements and satisfaction of other appropriate conditions, the parties shall execute an amendment to (i) this Lease establishing the applicable Commencement Date in accordance with the foregoing provisions of this Paragraph 40C41C, the actual rent based upon the measurements of the completed building covered by this Lease as certified prior to the Commencement Date by an architect or general contractor reasonably approved by the parties, and the actual date for each rent adjustment provided for in this Lease, based upon the actual Lease Commencement Date. The provisions of this Paragraph 40C also requires the terms of all the Leases to be extended accordingly if Tenant exercises its Option to Extend under any of the Leases. The monthly Basic Rent during the extended term under each of the Leases shall be increased by $.05 per square foot on the commencement date of the extended term and thereafter on each and every anniversary of the respective lease Commencement Date.