Common use of Leased Premises Clause in Contracts

Leased Premises. Landlord leases to Tenant and Tenant leases from Landlord the premises shown in Exhibit A (the “Premises”), containing approximately the rentable square footage set forth as the “Floor Area” in Item 8 of the Basic Lease Provisions and known by the suite number identified in Item 1 of the Basic Lease Provisions. The Premises are located in the building identified in Item 1 of the Basic Lease Provisions (the Premises together with such building and the underlying real property, are called the “Building”), and is a portion of the project identified in Item 2 of the Basic Lease Provisions and shown in Exhibit Y, if any (the “Project”). If the Project is not already completed, Landlord makes no representation that the Project, if any, as shown on Exhibit Y, (a) will be completed or that it will be constructed as shown on Exhibit Y without change, or (b) to the extent the Project is constructed, it will not be changed from the Project as shown on Exhibit Y. All references to “Floor Area” in this Lease shall mean the rentable square footage set forth in Item 8 of the Basic Lease Provisions. The rentable square footage set forth in Item 8 may include or have been adjusted by various factors, including, without limitation, a load factor to allocate a proportionate share of any vertical penetrations, stairwells, common lobby or common features or areas of the Building. Tenant agrees that the Floor Area set forth in Item 8 shall be binding on Landlord and Tenant for purposes of this Lease regardless of whether any future or differing measurements of the Premises or the Building are consistent or inconsistent with the Floor Area set forth in Item 8.

Leased Premises. Landlord leases to Tenant and Tenant leases from Landlord the premises shown in Exhibit A (the “Premises”), containing approximately the rentable square footage set forth as the “Floor Area” in Item 8 of the Basic Lease Provisions and known by the suite number identified in Item 1 of the Basic Lease Provisions. The Premises are located in consist of all of the Floor Area within the building identified in Item 1 of the Basic Lease Provisions (the Premises together with such building and the underlying real property, are called the “Building”), and is a portion of the project identified in Item 2 of the Basic Lease Provisions and shown in Exhibit Y, if any (the “Project”). If the Project is not already completed, Landlord makes no representation that the Project, if any, as shown on Exhibit Y, (a) will be completed or that it will be constructed as shown on Exhibit Y without change, or (b) to the extent the Project is constructed, it will not be changed from the Project as shown on Exhibit Y. All references to “Floor Area” in this Lease shall mean the rentable square footage set forth in Item 8 of the Basic Lease Provisions. The rentable square footage set forth in Item 8 may include or have been adjusted by various factors, including, without limitation, a load factor to allocate a proportionate share of for any vertical penetrations, stairwells, common lobby stairwells or common similar features or areas of the Building. Tenant agrees that the Floor Area set forth in Item 8 shall be binding on Landlord and Tenant for purposes of this Lease regardless of whether any future or differing measurements of the Premises or the Building are consistent or inconsistent with the Floor Area set forth in Item 8.

Leased Premises. Landlord leases to Tenant and Tenant leases from Landlord the premises shown in Exhibit A (the “Premises”), containing approximately the rentable square footage set forth as the “Floor Area” in Item 8 of the Basic Lease Provisions and known by Provisions. The Premises consist of all of the suite number Floor Area within the building identified in Item 1 of the Basic Lease Provisions. The Premises are located in the building identified in Item 1 of the Basic Lease Provisions (the Premises together with such building and building, the underlying real propertyproperty and all improvements outside of such building located on such real property (including, without limitation, the structure housing the boiler room, chiller room and cooling tower (the “Utility Building”)), are collectively called the “Building”), and .” The Building is a portion of the project identified in Item 2 of the Basic Lease Provisions and shown in Exhibit Y, if any Y (the “Project”). If the Project is not already completed, Landlord makes no representation that the Project, if any, as shown on Exhibit Y, (a) will be completed or that it will be constructed as shown on Exhibit Y without change, or (b) to the extent the Project is constructed, it will not be changed from the Project as shown on Exhibit Y. Y; provided, however, that in the event of such change Tenant’s obligation with respect to Operating Expenses shall be reasonably adjusted to take into account such change. All references to “Floor Area” in this Lease shall mean the rentable square footage set forth in Item 8 of the Basic Lease Provisions. The rentable square footage set forth in Item 8 may include or have been adjusted by various factors, including, without limitation, a load factor to allocate a proportionate share of for any vertical penetrations, stairwells, common lobby stairwells or common similar features or areas of the Building. Tenant agrees that the Floor Area set forth in Item 8 shall be binding on Landlord and Tenant for purposes of this Lease regardless of whether any future or differing measurements of the Premises or the Building are consistent or inconsistent with the Floor Area set forth in Item 8.

Leased Premises. Landlord leases to Tenant and Tenant leases from Landlord the premises shown in Exhibit A (the “"Premises”"), containing approximately the rentable square footage floor area set forth as the “Floor Area” in Item 8 of the Basic Lease Provisions and known by the suite number identified in Item 1 of the Basic Lease Provisions. The Premises are located in the building identified in Item 1 of the Basic Lease Provisions (the Premises which together with such building and the underlying real property, are is called the “"Building”"), and is a portion of the project identified in Item 2 of the Basic Lease Provisions and shown in Exhibit Y, if any Y (the “"Project”"). If the Project is not already completed, Landlord makes no representation Tenant understands that the Project, if any, as shown on Exhibit Y, (a) will be completed or that it will be constructed as shown on Exhibit Y without change, or (b) to the extent the Project is constructed, it will not be changed from the Project as shown on Exhibit Y. All references to “Floor Area” in this Lease shall mean the rentable square footage floor area set forth in Item 8 of the Basic Lease Provisions. The rentable Provisions may include, at Landlord's option, a factor approximating the total square footage set forth in Item 8 may include or have been adjusted by various factors, including, without limitation, a load factor to allocate a proportionate share of any vertical penetrations, stairwells, common lobby or internal common features or areas of the Building times the ratio of the actual square footage of the Premises to the total square footage of the Building. Tenant agrees If, upon completion of the space plans for the Premises, Landlord's architect or space planner determines that the Floor Area rentable square footage of the Premises differs from that set forth in the Basic Lease Provisions, then Landlord shall so notify Tenant and the Basic Rent (as shown in Item 8 6 of the Basic Lease Provisions) shall be binding on Landlord and Tenant for purposes of promptly adjusted in proportion to the change in square footage. Within five (5) days following Landlord's request, the parties shall memorialize the adjustments by executing an amendment to this Lease regardless of whether any future prepared by Landlord, provided that the failure or differing measurements of refusal by either party to execute the Premises or the Building are consistent or inconsistent with the Floor Area set forth in Item 8amendment shall not affect its validity.

Leased Premises. Landlord leases to Tenant and Tenant leases from Landlord the premises shown in Exhibit A (the “"Premises”"), containing approximately the rentable square footage set forth as the “"Floor Area” " in Item 8 of the Basic Lease Provisions and known by the suite number identified in Item 1 of the Basic Lease Provisions. The Premises are located in the building identified in Item 1 of the Basic Lease Provisions (the Premises together with such building and the underlying real property, are called the “"Building”"), and is a portion of the project identified in Item 2 of the Basic Lease Provisions and shown in Exhibit Y, if any (the “"Project”"). If the Project is not already completed, Landlord makes no representation that the Project, if any, as shown on Exhibit Y, (a) will be completed or that it will be constructed as shown on Exhibit Y without change, or (b) to the extent the Project is constructed, it will not be changed from the Project as shown on Exhibit Y. All references to “"Floor Area” " in this Lease shall mean the rentable square footage set forth in Item 8 of the Basic Lease Provisions. The rentable square footage set forth in Item 8 may include or have been adjusted by various factors, including, without limitation, a load factor to allocate a proportionate share of any vertical penetrations, stairwells, common lobby or common features or areas of the Building. Tenant agrees that the Floor Area set forth in Item 8 shall be binding on Landlord and Tenant for purposes of this Lease regardless of whether any future or differing measurements of the Premises or the Building are consistent or inconsistent with the Floor Area set forth in Item 8.

Leased Premises. Landlord leases to Tenant and Tenant leases from Landlord the premises shown in Exhibit A (the “Premises”"PREMISES"), containing approximately the rentable square footage set forth as the “Floor Area” "FLOOR AREA" in Item 8 of the Basic Lease Provisions and known by the suite number identified in Item 1 of the Basic Lease Provisions. This Lease includes the existing cabling, wet lab furniture, and filing cabinets installed in the Premises as of the Early Occupancy Date, which is leased to Tenant in an "as is" condition. The Premises are located in the building identified in Item 1 of the Basic Lease Provisions (the Premises together with such building and Landlord's interest in the underlying real property, are called the “Building”"BUILDING"), and is a portion of the project identified in Item 2 of the Basic Lease Provisions and shown in Exhibit Y, Y. if any (the “Project”"PROJECT"). If the Project is not already completed, Landlord makes no representation that the Project, if any, as shown on Exhibit Y, (a) will be completed or that it will be constructed as shown on Exhibit Y without change, or (b) to the extent the Project is constructed, it will not be changed from the Project as shown on Exhibit Y. All references to “"Floor Area” " in this Lease shall mean the rentable square footage set forth in Item 8 of the Basic Lease Provisions. The rentable square footage set forth in Item 8 may include or have been adjusted by various factors, including, without limitation, a load factor to allocate a proportionate share of any vertical penetrations, stairwells, common lobby or common features or areas of the Building. Tenant agrees that the Floor Area set forth in Item 8 shall be binding on Landlord and Tenant for purposes of this Lease regardless of whether any future or differing measurements of the Premises or the Building are consistent or inconsistent with the Floor Area set forth in Item 8.

Leased Premises. Landlord leases to Tenant and Tenant leases from Landlord the premises shown in Exhibit A (the “Premises”"PREMISES"), containing approximately the rentable square footage set forth as the “Floor Area” "FLOOR AREA" in Item 8 of the Basic Lease Provisions and known by the suite number identified in Item 1 of the Basic Lease Provisions. The Premises are located in consist of all of the rentable square footage within the building identified in Item 1 of the Basic Lease Provisions (the Premises together with such building and the underlying real property, are called the “Building”"BUILDING"), and is a portion of the project identified in Item 2 of the Basic Lease Provisions and shown in Exhibit Y, if any (the “Project”"PROJECT"). If the Project is not already completed, Landlord makes no representation that the Project, if any, as shown on Exhibit Y, (a) will be completed or that it will be constructed as shown on Exhibit Y without change, or (b) to the extent the Project is constructed, it will not be changed from the Project as shown on Exhibit Y. All references to “"Floor Area” " in this Lease shall mean the rentable square footage set forth in Item 8 of the Basic Lease Provisions. The rentable square footage set forth in Item 8 may include or have been adjusted by various factors, including, without limitation, a load factor to allocate a proportionate share of for any vertical penetrations, stairwells, common lobby stairwells or common similar features or areas of the Building. Tenant agrees that the Floor Area set forth in Item 8 shall be binding on Landlord and Tenant for purposes of this Lease regardless of whether any future or differing measurements of the Premises or the Building are consistent or inconsistent with the Floor Area set forth in Item 8. Landlord acknowledges and agrees that Landlord shall have no unilateral right to relocate Tenant to different leased premises during the Term of this Lease.

Leased Premises. Landlord leases to Tenant and Tenant leases from Landlord the premises shown in Exhibit A (the “"Premises”"), containing approximately the rentable square footage set forth as the “"Floor Area” " in Item 8 of the Basic Lease Provisions and known by the suite number identified in Item 1 of the Basic Lease Provisions. The Premises are located in the building identified in Item 1 of the Basic Lease Provisions (the Premises together with such building and the underlying real property, are called the “"Building”"), and is a portion of the project identified in Item 2 of the Basic Lease Provisions and shown in Exhibit Y, if any (the “"Project”"). If the Project is not already completed, Landlord makes no representation that the Project, if any, as shown on Exhibit Y, (a) will be completed or that it will be constructed as shown on Exhibit Y without change, or (b) to the extent the Project is constructed, it will not be changed from the Project as shown on Exhibit Y. All references to “"Floor Area” " in this Lease shall mean the rentable square footage set forth in Item 8 of the Basic Lease Provisions. The rentable square footage set forth in Item 8 may include or have been adjusted by various factors, including, without limitation, a load factor to allocate a proportionate share of any vertical penetrations, stairwells, common lobby or common features or areas of the Building. Tenant agrees that the Floor Area set forth in Item 8 shall be binding on Landlord and Tenant for purposes of this Lease regardless of whether any future or differing measurements of the Premises or the Building are consistent or inconsistent with the Floor Area set forth in Item 8.

Leased Premises. Landlord leases to Tenant and Tenant leases from Landlord the premises shown in Exhibit A (the “Premises”"PREMISES"), containing approximately the rentable square footage set forth as the “Floor Area” "FLOOR AREA" in Item 8 of the Basic Lease Provisions and known by the suite number identified in Item 1 of the Basic Lease Provisions. The Premises are located in consist of all of the Floor Area within the building identified in Item 1 of the Basic Lease Provisions (the Premises together with such building and the underlying real property, are called the “Building”"BUILDING"), and is a portion of the project identified in Item 2 of the Basic Lease Provisions and shown in Exhibit Y, if any (the “Project”"PROJECT"). If the Project is not already completed, Landlord makes no representation that the Project, if any, as shown on Exhibit Y, (a) will be completed or that it will be constructed as shown on Exhibit Y without change, or (b) to the extent the Project is constructed, it will not be changed from the Project as shown on Exhibit Y. All references to “"Floor Area” " in this Lease shall mean the rentable square footage set forth in Item 8 of the Basic Lease Provisions. The rentable square footage set forth in Item 8 may include or have been adjusted by various factors, including, without limitation, a load factor to allocate a proportionate share of for any vertical penetrations, stairwells, common lobby stairwells or common similar features or areas of the Building. Tenant agrees that the Floor Area set forth in Item 8 shall be binding on Landlord and Tenant for purposes of this Lease regardless of whether any future or differing measurements of the Premises or the Building are consistent or inconsistent with the Floor Area set forth in Item 8.

Leased Premises. Landlord leases to Tenant and Tenant leases from Landlord the premises shown in Exhibit on EXHIBIT A attached hereto (the “"Premises”"), --------- containing approximately the rentable square footage set forth as the “"Floor Area” " in Item 8 of the Basic Lease Provisions and known by the suite number identified in Item 1 of the Basic Lease Provisions. The Premises are located in consist of all of the rentable square footage within the building identified in Item 1 of the Basic Lease Provisions (the Premises together with such building and the underlying real property, are called the “"Building”), and is a portion of the project identified in Item 2 of the Basic Lease Provisions and shown in Exhibit Y, if any (the “Project”"). If The Building is located on the Project is not already completed, Landlord makes no representation that the Project, if any, as shown on Exhibit Y, (a) will be completed or that it will be constructed as site shown on Exhibit Y without change, or (b) to the extent the Project is constructed, it will not be changed from the Project as shown on Exhibit Y. "Site"). All references to “"Floor Area” " in this - Lease shall mean the rentable square footage of the Premises as set forth in Item 8 of the Basic Lease Provisions, and all references to "Project Floor Area" shall mean the rentable square footage of all space within the Project as set forth in Item 8 of the Basic Lease Provisions. The rentable square footage footages set forth in Item 8 may include or have been adjusted by various factors, including, without limitation, a load factor to allocate a proportionate share of for any vertical penetrations, stairwells, common lobby stairwells or common similar features or areas of the BuildingBuilding or of the Project buildings, as applicable. Landlord and Tenant agrees agree that the Floor Area set forth in Item 8 shall be binding on Landlord and Tenant for purposes of this Lease regardless of whether any future or differing measurements of the Premises or the Building are consistent or inconsistent with the Floor Area set forth in Item 8.. The Project Floor Area set forth in Item 8 may be adjusted in the event Landlord shall add other buildings within Irvine Technology Center as shown in Exhibit Y-1 attached ----------- hereto ("Irvine Technology Center") to the "Project"; provided that any such addition shall be subject to the provisions of Section 6.5

Leased Premises. Landlord leases to Tenant and Tenant leases from Landlord the premises shown in Exhibit on EXHIBIT A attached hereto (the “"Premises”"), containing approximately the rentable square footage set forth as the “"Floor Area” " in Item 8 of the Basic Lease Provisions and known by the suite number identified in Item 1 of the Basic Lease Provisions. The Premises are located in consist of all of the rentable square footage within the building identified in Item 1 of the Basic Lease Provisions (the Premises together with such building and the underlying real property, are called the “"Building”), and is a portion of the project identified in Item 2 of the Basic Lease Provisions and shown in Exhibit Y, if any (the “Project”"). If The Building is located on the Project is not already completed, Landlord makes no representation that the Project, if any, as shown on Exhibit Y, (a) will be completed or that it will be constructed as site shown on Exhibit Y without change, or (b) to the extent the Project is constructed, it will not be changed from the Project as shown on Exhibit Y. "Site"). All references to “"Floor Area” " in this Lease shall mean the rentable square footage of the Premises as set forth in Item 8 of the Basic Lease Provisions, and all references to "Project Floor Area" shall mean the rentable square footage of all space within the Project as set forth in Item 8 of the Basic Lease Provisions. The rentable square footage footages set forth in Item 8 may include or have been adjusted by various factors, including, without limitation, a load factor to allocate a proportionate share of for any vertical penetrations, stairwells, common lobby stairwells or common similar features or areas of the BuildingBuilding or of the Project buildings, as applicable. Landlord and Tenant agrees agree that the Floor Area set forth in Item 8 shall be binding on Landlord and Tenant for purposes of this Lease regardless of whether any future or differing measurements of the Premises or the Building are consistent or inconsistent with the Floor Area set forth in Item 8.. The Project Floor Area set forth in Item 8 may be adjusted in the event Landlord shall add other buildings within Irvine Technology Center as shown in Exhibit Y-1 attached hereto ("Irvine Technology Center") to the "Project"; provided that any such addition shall be subject to the provisions of Section 6.5

Leased Premises. Landlord leases to Tenant and Tenant leases from Landlord the premises shown in Exhibit A (the “Premises”), containing approximately the rentable square footage set forth as the “Floor Area” in Item 8 of the Basic Lease Provisions and known by the suite number identified in Item 1 of the Basic Lease Provisions. The Premises are located in the building identified in Item 1 of the Basic Lease Provisions (the Premises together with such building and the underlying real property, are called the “Building”), and is a portion of the project identified in Item 2 of the Basic Lease Provisions and shown in Exhibit Y, if any (the “Project”). If the Project is not already completed, Landlord makes no representation that any portion of the Project, if any, as shown on Exhibit Y, (a) will be completed or that it will be constructed as shown Project designated on Exhibit Y without change, or (b) to the extent the Project is as “Future Development” will be ultimately constructed, it will not be changed from the Project as shown on Exhibit Y. . All references to “Floor Area” in this Lease shall mean the rentable square footage set forth in Item 8 of the Basic Lease Provisions. The rentable square footage set forth in Item 8 may include or have been adjusted by various factors, including, without limitation, a load factor to allocate a proportionate share of any vertical penetrations, stairwells, common lobby or common features or areas of the Building. Landlord and Tenant agrees agree that the Floor Area set forth in Item 8 shall be binding on Landlord and Tenant for purposes of this Lease regardless of whether any future or differing measurements of the Premises or the Building are consistent or inconsistent with the Floor Area set forth in Item 8.

Leased Premises. Landlord leases to Tenant and Tenant leases from Landlord the premises shown in Exhibit A (the “Premises”), containing approximately the rentable square footage set forth as the “Floor Area” in Item 8 of the Basic Lease Provisions and known by the suite number identified in Item 1 of the Basic Lease Provisions. The Premises are located in consist of all of the Floor Area within the building identified in Item 1 of the Basic Lease Provisions (the Premises together with such building and the underlying real property, are called the “Building”), and is a portion of the project identified in Item 2 of the Basic Lease Provisions and shown in Exhibit Y, if any (the “Project”). If the Project is not already completed, Landlord makes no representation that the Project, if any, as shown on Exhibit Y, (a) will be completed or that it will be constructed as shown on Exhibit Y without change, or (b) to the extent the Project is constructed, it will not be changed from the Project as shown on Exhibit Y. Y (subject, however, to the provisions of Section 6.5 of this Lease). All references to “Floor Area” in this Lease shall mean the rentable square footage set forth in Item 8 of the Basic Lease Provisions. The rentable square footage set forth in Item 8 may include or have been adjusted by various factors, including, without limitation, a load factor to allocate a proportionate share of for any vertical penetrations, stairwells, common lobby stairwells or common similar features or areas of the Building. Tenant agrees that the Floor Area set forth in Item 8 shall be binding on Landlord and Tenant for purposes of this Lease regardless of whether any future or differing measurements of the Premises or the Building are consistent or inconsistent with the Floor Area set forth in Item 8.

Leased Premises. Landlord leases to Tenant and Tenant leases from Landlord the premises shown in Exhibit A (the “Premises”), containing approximately the rentable square footage set forth as the “Floor Area” in Item 8 of the Basic Lease Provisions and known by the suite number identified in Item 1 of the Basic Lease Provisions. The Premises are located in the building identified in Item 1 of the Basic Lease Provisions (the Premises together with such building and the underlying real property, are called the “Building”), and is a portion of the project identified in Item 2 of the Basic Lease Provisions and shown in Exhibit Y, Y. if any (the “Project”). If the Project is not already completed, Landlord makes no representation that the Project, if any, as shown on Exhibit Y, Y. (a) will be completed or that it will be constructed as shown on Exhibit Y without change, or (b) to the extent the Project is constructed, it will not be changed from the Project as shown on Exhibit Y. All references to “Floor Area” in this Lease shall mean the rentable square footage set forth in Item 8 of the Basic Lease Provisions. The rentable square footage set forth in Item 8 may include or have been adjusted by various factors, including, without limitation, a load factor to allocate a proportionate share of any vertical penetrations, stairwells, common lobby or common features or areas of the Building. Tenant agrees that the Floor Area set forth in Item 8 shall be binding on Landlord and Tenant for purposes of this Lease regardless of whether any future or differing measurements of the Premises or the Building are consistent or inconsistent with the Floor Area set forth in Item 8.. The Premises are a portion of certain real property which is leased by Landlord pursuant to that certain Master Lease dated December 31, 2003 (the “Master Lease”) by and between MxXxxxxx Center Partners LLC, a Delaware limited liability company, subsequently merged into California Diversified LLC, a Delaware limited liability company (“Master Lessor”), as “Landlord”, and Landlord as “Tenant”. That certain Master Lease (Short Form -Memorandum) was recorded on December 31, 2003 as Document No. 17553727 in the Official Records of Santa Cxxxx County, California

Leased Premises. Landlord leases to Tenant and Tenant leases from Landlord the premises shown in Exhibit A (the “"Premises”"), containing approximately the rentable square footage set forth as the “"Floor Area” " in Item 8 of the Basic Lease Provisions and known by Provisions. The Premises consist of all of the suite number Floor Area within the building identified in Item 1 of the Basic Lease Provisions. The Premises are located in the building identified in Item 1 of the Basic Lease Provisions (the Premises together with such building and building, the underlying real propertyproperty and all improvements outside of such building located on such real property (including, without limitation, the structure housing the boiler room, chiller room and cooling tower (the "Utility Building")), are collectively called the “"Building”), and ." The Building is a portion of the project identified in Item 2 of the Basic Lease Provisions and shown in Exhibit Y, if any Y (the “"Project”"). If the Project is not already completed, Landlord makes no representation that the Project, if any, as shown on Exhibit Y, (a) will be completed or that it will be constructed as shown on Exhibit Y without change, or (b) to the extent the Project is constructed, it will not be changed from the Project as shown on Exhibit Y. Y; provided, however, that in the event of such change Tenant's obligation with respect to Operating Expenses shall be reasonably adjusted to take into account such change. All references to “"Floor Area” " in this Lease shall mean the rentable square footage set forth in Item 8 of the Basic Lease Provisions. The rentable square footage set forth in Item 8 may include or have been adjusted by various factors, including, without limitation, a load factor to allocate a proportionate share of for any vertical penetrations, stairwells, common lobby stairwells or common similar features or areas of the Building. Tenant agrees that the Floor Area set forth in Item 8 shall be binding on Landlord and Tenant for purposes of this Lease regardless of whether any future or differing measurements of the Premises or the Building are consistent or inconsistent with the Floor Area set forth in Item 8.

Leased Premises. Landlord leases to Tenant and Tenant leases from Landlord the premises shown in Exhibit A (the “Premises”), containing approximately the rentable square footage set forth as the “Floor Area” in Item 8 of the Basic Lease Provisions and known by the suite number identified in Item 1 of the Basic Lease Provisions. The Premises are located in the building identified in Item 1 of the Basic Lease Provisions (the Premises together with such building and the underlying real property, are called the “Building”), and is a portion of the project identified in Item 2 of the Basic Lease Provisions and shown in Exhibit Y, if any (the “Project”). If the Project is not already completed, Landlord makes no representation that the Project, if any, as shown on Exhibit Y, (a) will be completed or that it will be constructed as shown on Exhibit Y without change, or (b) to the extent the Project is constructed, it will not be changed from the Project as shown on Exhibit Y. All references to “Floor Area” in this Lease shall mean the rentable square footage set forth in Item 8 of the Basic Lease Provisions. The rentable square footage set forth in Item 8 may include or have been adjusted by various factors, including, without limitation, a load factor to allocate a proportionate share of any vertical penetrations, stairwellsstrairwells, common lobby or common features or areas of the Building. Tenant agrees that the Floor Area set forth in Item 8 shall be binding on Landlord and Tenant for purposes of this Lease regardless of whether any future or differing measurements of the Premises or the Building are consistent or inconsistent with the Floor Area set forth in Item 8.

Leased Premises. Landlord leases to Tenant and Tenant leases Leases from Landlord the premises shown in Exhibit A (the “"Premises”"), containing approximately the rentable square footage floor area set forth as the “Floor Area” in Item 8 of the Basic Lease Provisions and known by the suite number identified in Item 1 of the Basic Lease Provisions. The Premises are located in the building identified in Item 1 of the Basic Lease Provisions (the Premises which together with such building and the underlying real property, are is called the “"Building”"), and is a portion of the project identified in Item 2 of the Basic Lease Provisions and shown in Exhibit Y, if any Y (the “"Project”"). If the Project is not already completed, Landlord makes no representation Tenant understands that the Project, if any, as shown on Exhibit Y, (a) will be completed or that it will be constructed as shown on Exhibit Y without change, or (b) to the extent the Project is constructed, it will not be changed from the Project as shown on Exhibit Y. All references to “Floor Area” in this Lease shall mean the rentable square footage floor area set forth in Item 8 of the Basic Lease Provisions. The rentable Provisions may include, at Landlord's option, a factor approximating the total square footage set forth in Item 8 may include or have been adjusted by various factors, including, without limitation, a load factor to allocate a proportionate share of any vertical penetrations, stairwells, common lobby or internal common features or areas of the Building times the ratio of the actual square footage of the Premises to the total square footage of the Building. Tenant agrees If, at any time and from time to time, Landlord's architect or space planner determines that the Floor Area rentable square footage of the Premises differs from that set forth in the Basic Lease Provisions, then Landlord shall so notify Tenant and the Basic Rent (as shown in Item 8 6 of the Basic Lease Provisions) shall be binding on Landlord and Tenant for purposes of promptly adjusted in proportion to the change in square footage. Within five (5) days following Landlord's request, the parties shall memorialize the adjustments by executing an amendment to this Lease regardless of whether any future prepared by Landlord, provided that the failure or differing measurements of refusal by either party to execute the Premises or the Building are consistent or inconsistent with the Floor Area set forth in Item 8amendment shall not affect its validity.

Leased Premises. Landlord leases to Tenant and Tenant leases from Landlord the premises shown in Exhibit A (the “Premises”), containing approximately the rentable square footage set forth as the “Floor Area” in Item 8 of the Basic Lease Provisions and known by the suite number identified in Item 1 of the Basic Lease Provisions. The Premises are located in the building identified in Item 1 of the Basic Lease Provisions (the Premises together with such building and the underlying real property, are called the “Building”), and is a portion of the project identified in Item 2 of the Basic Lease Provisions and shown in Exhibit Y, if any (the “Project”). If the Project is not already completed, Landlord makes no representation that the Project, if any, as shown on Exhibit Y, (a) will be completed or that it will be constructed as shown on Exhibit Y without change, or (b) to the extent the Project is constructed, it will not be changed from the Project as shown on Exhibit Y. All references to “Floor Area” in this Lease shall mean the rentable square footage set forth in Item 8 of the Basic Lease Provisions. The rentable square footage set forth in Item 8 may include or have been adjusted by various factors, including, without limitation, a load factor to allocate a proportionate share of any vertical penetrations, stairwells, common lobby or common features or areas of the Building. Tenant agrees that the Floor Area set forth in Item 8 shall be binding on Landlord and Tenant for purposes of this Lease regardless of whether any future or differing measurements of the Premises or the Building are consistent or inconsistent with the Floor Area set forth in Item 8.. The Premises are a portion of certain real property which is leased by Landlord pursuant to that certain Master Lease dated December 31, 2003 (the “Master Lease”) by and between MxXxxxxx Center Partners LLC, a Delaware limited liability company (“Master Lessor”), as “Landlord”, and Landlord as “Tenant”. That certain Master Lease (Short Form — Memorandum) was recorded on December 31, 2003 as Document No. 17553727 in the Official Records of Santa Cxxxx County, California

Leased Premises. Landlord leases to Tenant and Tenant leases from Landlord the premises shown in Exhibit A (the “"Premises”"), containing approximately the rentable square footage set forth as the “"Floor Area” " in Item 8 of the Basic Lease Provisions and known by the suite number identified in Item 1 of the Basic Lease Provisions. The Premises are located in the building identified in Item 1 of the Basic Lease Provisions (the Premises together with such building and the underlying real property, are called the “"Building”"), and is a portion of the project identified in Item 2 of the Basic Lease Provisions and shown in Exhibit Y, if any (the “"Project”"). If the Project is not already completed, Landlord makes no representation that the Project, if any, as shown on Exhibit Y, (a) will be completed or that it will be constructed as shown on Exhibit Y without change, or (b) to the extent the Project is constructed, it will not be changed from the Project as shown on Exhibit Y. All references to “"Floor Area” " in this Lease shall mean the rentable square footage set forth in Item 8 of the Basic Lease Provisions. The rentable square footage set forth in Item 8 may include or have been adjusted by various factors, including, without limitation, a load factor to allocate a proportionate share of any vertical penetrations, stairwells, common lobby or common features or areas of the Building. Tenant agrees that the Floor Area set forth in Item 8 shall be binding on Landlord and Tenant for purposes of this Lease regardless of whether any future or differing measurements of the Premises or the Building are consistent or inconsistent with the Floor Area set forth in Item 8. The Premises are a portion of certain real property which is leased by Landlord pursuant to that certain Master Lease dated December 31, 2003 (the "Master Lease") by and between McCarthy Center Partners LLC, a Delaware limited liability company ("Master Lessor"), as "Landlxxx", xxd Landlord as "Tenant". That certain Master Lease (Short Form – Memorandum) was recorded on December 31, 2003 as Document No. 17553727 in the Official Records of Santa Clara County, California. From and after the Commencement Date, Landlord hereby xxxxxs to Tenant a non-exclusive license to use the lobby of the Building as a receiving area. Landlord agrees that, so long as Landlord retains the existing receptionist desk in the lobby area, Tenant shall be entitled to maintain a telephone, a personal computer, a directory listing its personnel and their extensions, and instructions to visitors advising them how to contact Tenant’s personnel on said receptionist desk. Landlord further agrees that in the event that Lxxxxxxd removes the existing receptionist desk xxxx xxx lobby, Tenant shall be permitted to inxxxxx x small desk at the side of the lobby, and Tenant shall be entitled to maintain the aforementioned telephone, personal computer, directory and instructions on said desk. In no event, however, shall any employees or other personnel of Tenant be “officed” in the lobby area. Tenant agrees that it shall remove its existing signage and literature rack from the lobby on or prior to August 31, 2005. Tenant’s license of the lobby area shall be subject to each and every obligation on Tenant’s part under the Lease (including, without limitation, the obligations of Articles V, VII, VIII, IX, and X of the Lease), but Tenant shall not be obligated to pay additional Basic Rent for the license granted herein. Landlord shall have no responsibility for the loss or damage of any of Tenant’s equipment or property located in the lobby of the Building.

Leased Premises. Landlord leases to Tenant and Tenant leases from Landlord the premises shown in Exhibit A (the “"Premises”"), containing approximately the rentable square footage set forth as the “"Floor Area” " in Item 8 of the Basic Lease Provisions and known by the suite number identified in Item 1 of the Basic Lease Provisions. The Premises are located in consist of all of the Floor Area within the building identified in Item 1 of the Basic Lease Provisions (the Premises together with such building and the underlying real property, are called the “"Building”"), and is a portion of the project identified in Item 2 of the Basic Lease Provisions and shown in Exhibit Y, if any (the “"Project”"). If the Project is not already completed, Landlord makes no representation that the Project, if any, as shown on Exhibit Y, (a) will be completed or that it will be constructed as shown on Exhibit Y without change, or (b) to the extent the Project is constructed, it will not be changed from the Project as shown on Exhibit Y. All references to “"Floor Area” " in this Lease shall mean the rentable square footage set forth in Item 8 of the Basic Lease Provisions. The rentable square footage set forth in Item 8 may include or have been adjusted by various factors, including, without limitation, a load factor to allocate a proportionate share of for any vertical penetrations, stairwells, common lobby stairwells or common similar features or areas of the Building. Tenant agrees that the Floor Area set forth in Item 8 shall be binding on Landlord and Tenant for purposes of this Lease regardless of whether any future or differing measurements of the Premises or the Building are consistent or inconsistent with the Floor Area set forth in Item 8.