Miscellaneous Modifications. Effective from and after the Effective Date:
13.1 the phrase “over the prior year’s Excess Operating Costs” in Section 3.4.2 of the Lease shall be deleted and of no further force or effect;
13.2 the reference to “the rate of Twenty Five Dollars ($25.00) per hour per zone” in Sections 5.1.1 of the Lease shall be deleted and replaced with “the prevailing rate then charged by Landlord”;
13.3 the Saturday hours set forth in Section 1 of Schedule 3 attached to the Lease and hereby modified to be 8:00 a.m. to 12:00 noon (excluding Holidays);
13.4 the following shall be added at the end of Section 6.2.1(b) of the Lease: “Landlord and Landlord’s mortgagees shall be named as additional loss payees with respect to such casualty insurance coverage”;
13.5 the following shall be added at the end of penultimate sentence of Section 10.1 of the Lease:: “and not insured or required to be insured by Tenant under this Lease.”; and
13.6 the phrase “one hundred fifty percent (150%)” in Section 12.2 of the Lease shall be replaced with “one hundred twenty-five percent (125%) during the first month of any such holdover and one hundred fifty percent (150%) during any month thereafter”.
Miscellaneous Modifications. Effective from and after the Effective Date:
7.1. The last sentence of Section 1.16 of the Original Lease is hereby deleted in its entirety.
7.2. Sections 1.18, 1.20 and 1.21 of the Original Lease shall be deleted in their entirety and of no further force or effect.
7.3. The first sentence of the last paragraph of Section 4.01(B) of the Original Lease shall be deleted in its entirety.
7.4. The phrase "and indemnify Tenant against liabilities and damages attributable to asbestos" in Section 6.03(H) of the Original Lease shall be deleted in its entirety.
7.5. The following shall be added immediately following the end of Section 12.02 of the Original Lease: “Tenant hereby waives any and all rights it might otherwise have pursuant to Section 1265.130 of the California Code of Civil Procedure”.
7.6. The following shall be added to the end of Section 10.01(B) of the Original Lease: ", but in no event shall Landlord be liable for lost profits, loss of business or other consequential damages."
7.7. The instances of the phrase "One Million Dollars ($1,000,000)" in Section 10.03(A) of the Original Lease shall each be substituted and replaced with the phrase "Three Million Dollars ($3,000,000)".
7.8. The following shall be added immediately following the end of Section 12.02 of the Original Lease: "Tenant hereby waives any and all rights it might otherwise have pursuant to Section 1265.130 of the California Code of Civil Procedure.".
Miscellaneous Modifications. Effective from and after the date of the mutual execution and delivery of this Second Amendment, (i) Sections 1.2 and 2.3 of the Original Lease and Section 9 of the First Amendment shall all be deleted and of no further force or effect, (ii) the following shall be added between “and not as an Operating Expense” and “)” in the first (1st) sentence of Section 7.2.1 of the Original Lease: “, and Landlord shall not be required to amortize such costs as described in fourth (4th) sentence of this Section 7.2.1”; and (iii) the parties that Tenant is required to add as additional insureds to its commercial general liability insurance, auto insurance, and additional liability insurance policies pursuant to Section 10.7 of the Original Lease shall hereafter be as follows: “Google Inc. and its affiliates and their officers, directors, shareholders, employees, agents and assignees.”
Miscellaneous Modifications. Effective from and after he Effective Date, the Lease shall be modified as follows:
10.1. the following shall be added after the first (1st) sentence of Section 2.3.1.1 of the Lease: “Without limiting the generality of the immediately preceding sentence. Tenant acknowledges that LANDLORD MAKES NO REPRESENTATION OR WARRANTY REGARDING SECURITY SERVICES.”;
10.2. the following shall be added as new Section 3.3 of the Lease:
Miscellaneous Modifications. (a) The address for Lessee in Section 23.1 of the Lease is deleted in its entirety and the following address is hereby substituted therefor: If to Lessee: Equinix, Inc. 0000 Xxxxxxxx Xxxxxxx Xxxxxxxx Xxxx, XX 00000 Attention: Chief Financial Officer
(b) The address for Lessor in Section 23.1 of the Lease is modified by deleting the "Attention" line in its entirety and substituting therefor "Attention: Xxx Xxxxxxxx and Xxxx Xxxxx".
Miscellaneous Modifications. The parties hereby acknowledge and agree that (i) Tenant’s Reduction Right in Section 1.7 of the Original Lease shall not apply with respect to the 1st Floor Building C Space, and (ii) Section 2.2 of the Original Lease shall not apply with respect to the 1st Floor Building C Space.
Miscellaneous Modifications. Section 10.A of the Original Agreement is amended by renumbering Subsection (2) as Subsection (3) and inserting the following after Subsection (1): "
Miscellaneous Modifications. Section 25.25.2 of the Lease is hereby deleted in its entirety and of no further force or effect.
Miscellaneous Modifications. The Lease shall be modified as follows:
10.1. From and after the Effective Date, with respect to Paragraph 4(a) of the Original Lease (as replaced by Section 2 of the First Amendment):
(a) the following shall be added to the end of clause (1) thereof: “and/or the Project (subject to the immediately following sentence, as added by Section 10.1(c) of the Fifth Amendment), including, without limitation, (A) the cost of any capital improvements or other costs (I) which are intended as a labor-saving device or to effect other economies in the operation or maintenance of the Building (but not in excess of the cost savings reasonably anticipated to result to Tenant therefrom), (II) made to the Building and/or the Project (subject to the immediately following sentence, as added by Section 10.1(c) of the Fifth Amendment) or any portion thereof that are required under any governmental law or regulation first enacted after the Effective Date of the Fifth Amendment, or (III) which are Conservation Costs, as defined below (but not in excess of the cost savings reasonably anticipated to result to Tenant therefrom); provided, however, that if any such cost described in (I), (II) or (III) above is a capital improvement, such cost shall be amortized (including interest on the unamortized cost at the Interest Rate) in equal annual installments over the reasonable useful life of the applicable capital improvement as established by the manufacturer of such capital improvement, (B) the costs and expenses of complying with, or participating in, conservation, recycling, sustainability, energy efficiency, waste reduction or other programs or practices implemented or enacted from time to time at the Building and/or Project, including, without limitation, in connection with any LEED (Leadership in Energy and Environmental Design) rating or compliance system or program, including that currently coordinated through the U.S. Green Building Council or Energy Star rating and/or compliance system or program (collectively, “Conservation Costs”) (but not in excess of the cost savings reasonably anticipated to result to Tenant therefrom), and (C) the costs of maintenance, repair, and/or operation of the parking lots, walkways and landscaping of the Project (subject to the immediately following sentence, as added by Section 10.1(c) of the Fifth Amendment).”
(b) the following shall be added to the end of clause (2) thereof: “and/or the Project (subject to the immediately following sentence, a...
Miscellaneous Modifications. Effective as of the Effective Date, the Lease shall be modified as follows:
12.1. with respect to Section 6 of the Original Lease:
(a) the parenthetical "(except as set forth hereinbelow in the third [3rd] paragraph of this Section 6)" shall be added immediately following the text "give rise to an abatement of Rent" set forth in the last sentence of the first (1st) paragraph therein;
(b) the following text shall be added as a new third (3rd) paragraph therein: "If Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of any failure to provide to the Premises any of the essential utilities and services required to be provided by Landlord in Sections 6(a), (b) and (e) hereinabove, but only to the extent such failure is caused by Landlord's negligence or willful misconduct (each, an "Abatement Event"), Tenant shall give Landlord written notice of such Abatement Event. If such Abatement Event continues for five (5) consecutive business days after Landlord's receipt of any such written notice from Tenant ("Eligibility Period"), then Tenant's obligation to pay Base Rent and Tenant's Pro Rata Share of Expense Excess and Tax Excess shall be abated or reduced, as the case may be, from and after the first (1st) day following the Eligibility Period and continuing during such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the [Type here] proportion that the rentable square feet of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable square feet of the Premises. To the extent Tenant shall be entitled to abatement of Base Rent and Tenant's Pro Rata Share of Expense Excess and Tax Excess because of a damage or destruction pursuant to Section 16 below or a taking pursuant to Section 17 below, then the Eligibility Period shall not be applicable.";
12.2. the last sentence of Section 8 of the Original Lease shall be deleted and of no further force or effect;
12.3. the following text shall be added as a new second (2nd) paragraph to Section 13 of the Original Lease: "Notwithstanding the foregoing provisions of this Section 13 to the contrary: (1) except for lost profits, loss of business or other consequential damages (collectively, "Consequential Damages") incurred or suffered by Tenant or the Tenant Related Parties, the assumption of risk and release by Tenant set forth hereinabove shall not apply to any lo...
