Common use of No Constructive Eviction Clause in Contracts

No Constructive Eviction. Since Tenant shall be in occupancy of the Expansion Premises during the Construction of the Improvements, Landlord agrees that it shall use commercially reasonable efforts to perform the Improvements in a manner so as to minimize interference with Tenant use of the Expansion Premises. Tenant hereby acknowledges that, notwithstanding Tenant’s occupancy of the Expansion Premises during the construction of the Improvements by Landlord, Landlord shall be permitted to construct the Improvements in the Expansion Premises during normal business hours, without any obligation to pay overtime or other premiums; to the extent, however, that Tenant agrees in writing to pay any overtime or other premiums incurred in connection with the construction of the Improvements in the Expansion Premises, the Improvements shall be constructed during hours other than the normal business hours. Tenant shall provide a clear working area for such work, if necessary (including, but not limited to, the moving of furniture, fixtures and Tenant’s property away from the area in which Landlord is constructing the Improvements). Tenant hereby agrees that the construction of the Improvements, whether performed prior to or following the Expansion Rent Commencement Date, shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of rent. Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from the Improvements, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s personal property or improvements resulting from the Improvements or Landlord’s actions in connection with the Improvements, or for any inconvenience or annoyance occasioned by the Improvements or Landlord’s actions in connection with the Improvements. SECTION 6

No Constructive Eviction. Since Tenant shall hereby acknowledges that Landlord may be constructing the Improvements (as that term is defined in occupancy Article 1 of the Expansion Work Letter) following the Lease Commencement and during any Beneficial Occupancy Period (as that term is defined in Section 2.3 below), and that Tenant may be occupying the Premises during the Construction construction of the Improvements, Landlord agrees that it shall use commercially reasonable efforts to perform the Improvements in a manner so as to minimize interference with Tenant use of the Expansion Premises. Tenant hereby further acknowledges that, notwithstanding Tenant’s occupancy of the Expansion Premises during the Beneficial Occupancy Period or Lease Term, during the construction of the Improvements by LandlordImprovements, Landlord shall be permitted to construct the Improvements in the Expansion Premises during normal business hours, without any obligation to pay overtime or other premiums; to the extent, however, Business Hours (provided that Tenant agrees Landlord shall perform all excessively noisy and fumy work (as determined by Landlord in writing to pay any overtime or other premiums incurred Landlord’s reasonable discretion) in connection with the construction of the Improvements in the Expansion Premisestherewith after normal Business Hours), the Improvements shall be constructed during hours other than the normal business hours. Tenant shall provide a clear working area for such work, if necessary the construction of the Improvements (including, but not limited to, the moving of furniture, fixtures and Tenant’s property away from the area in which Landlord is constructing the Improvements)) and Tenant may not be able to access certain portions of the Premises in connection with Landlord’s construction of the Improvements. In connection therewith, Tenant shall cooperate with all reasonable Landlord requests in connection with the construction of the Improvements. Tenant hereby agrees that the construction of the Improvements, whether performed prior to or following the Expansion Rent Commencement Date, Improvements shall in no way constitute a constructive eviction of Tenant nor Tenant, entitle Tenant to any abatement of rentRent, nor delay the occurrence of the Lease Commencement Date. Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from the construction or installation of the Improvements, nor shall Tenant be entitled to any compensation or damages from form Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s personal property or improvements resulting from the construction or installation of the Improvements or Landlord’s actions in connection with the construction or installation of the Improvements, or for any inconvenience or annoyance occasioned by the Improvements or Landlord’s actions in connection with construction or installation of the Improvements. SECTION 6.

No Constructive Eviction. Since Tenant shall be in occupancy of the Expansion Premises during the Construction of the Improvements, Landlord agrees that it shall use commercially reasonable efforts to perform the Improvements in a manner so as to minimize interference with Tenant use of the Expansion Premises. Tenant hereby acknowledges that, notwithstanding Tenant’s 's occupancy of the Expansion portions of the Premises during the installation and/or construction of the Improvements by LandlordExpansion Improvements, Landlord and Contractor shall be permitted to install and/or construct the Expansion Improvements in the Expansion Premises during during, without limitation, normal business hours, and Tenant shall cooperate with Landlord and Contractors, including, without limitation, by providing any obligation to pay overtime or other premiums; needed access to the extent, however, that Tenant agrees in writing to pay any overtime or other premiums incurred in connection with the construction of the Improvements in the Expansion Premises, the Improvements shall be constructed during hours other than the normal business hours. Tenant shall provide Premises and by providing a clear working area in the Premises (to the extent required by Landlord) for such work, if necessary the installation and/or construction of the Expansion Improvements (including, but not limited to, the moving of furniture, fixtures and Tenant’s 's property away from the area in which Landlord is or Contractor are installing and/or constructing the Expansion Improvements). Tenant will be responsible for moving Tenant's furniture and fixtures away from the area Landlord or Contractor installing and/or constructing the Expansion Improvements. In connection therewith, Tenant shall cooperate fully in connection with Landlord's completion of the installation and/or construction of the Expansion Improvements. Tenant hereby agrees that the installation and/or construction of the Improvements, whether performed prior to or following the Expansion Rent Commencement Date, Improvements shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of rentrent or damages of any kind. Furthermore, Landlord shall have no responsibility responsibility, or for any reason be liable liable, to Tenant for any direct or indirect injury to to, or interference with with, Tenant’s 's business arising from the installation and/or construction of the Expansion Improvements, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s 's furniture, fixtures or personal property or improvements resulting from the installation and/or construction of the Expansion Improvements or Landlord’s 's actions in connection with the Improvements, installation and/or construction of the Expansion Improvements or for any inconvenience or annoyance occasioned by the installation and/or construction of the Expansion Improvements or Landlord’s 's actions in connection with the installation and/or construction of the Expansion Improvements. SECTION 6Landlord shall use commercially reasonable efforts to perform the Expansion Improvements in a manner designed to minimize interference with Tenant's use of and access to the Premises. EXHIBIT B-5- SCHEDULE 2 APPROVED WORKING DRAWINGS SCHEDULE 2-1- SCHEDULE 2 APPROVED PRICING PLAN SCHEDULE 2-1- SCHEDULE 3 COST ESTIMATE SCHEDULE 3-1- SCHEDULE 3-2- SCHEDULE 3-3- SCHEDULE 3-4- SCHEDULE 3-5- SCHEDULE 3-6-

No Constructive Eviction. Since Tenant shall be in hereby acknowledges that, notwithstanding Tenant’s occupancy of the Expansion Premises during the Construction construction of the Tenant Improvements by Landlord, Landlord shall be permitted to construct the Tenant Improvements in the Premises during normal business hours, in accordance with a schedule agreed to by Landlord and Tenant. Such schedule may involve construction outside business hours as requested by Tenant, and Tenant hereby acknowledges that such scheduling may involve overtime or other cost premiums which may increase the cost of the construction of the Tenant Improvements. Since Tenant is currently occupying the Premises, Landlord agrees that it shall use commercially reasonable efforts to perform the Tenant Improvements in a manner so as to minimize interference with Tenant use of the Expansion Premises. Tenant hereby acknowledges thatshall cooperate in good faith with Landlord and Landlord’s construction schedule so that the Tenant Improvements will be completed in a timely manner, notwithstanding Tenant’s occupancy of the Expansion Premises during the construction of the Improvements by Landlord, Landlord shall be permitted to construct the Improvements in the Expansion Premises during normal business hours, without any obligation to pay overtime or other premiums; to the extent, however, that Tenant agrees in writing to pay any overtime or other premiums incurred in connection with the construction of the Improvements in the Expansion Premises, the Improvements shall be constructed during hours other than the normal business hours. and Tenant shall provide a clear working area for such work, if necessary (including, but not limited to, the moving of furniture, fixtures and Tenant’s property away from the area in which Landlord is constructing the Tenant Improvements). Tenant hereby agrees that the construction of the Improvements, whether performed prior to or following the Expansion Rent Commencement Date, Tenant Improvements shall in no way constitute a constructive eviction of Tenant nor (except as provided in Section 5 of this Tenant Work Letter) entitle Tenant to any abatement of rent. Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from the Tenant Improvements, nor (except to the extent arising due to the gross negligence or willful misconduct of Landlord or any of its employees or agents, or the breach by Landlord of its obligations herein) shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s personal property or improvements resulting from the Tenant Improvements or Landlord’s actions in connection with the Tenant Improvements, or for any inconvenience or annoyance occasioned by the Tenant Improvements or Landlord’s actions in connection with the Tenant Improvements. SECTION 6SCHEDULE 1 BUILDING STANDARD TENANT IMPROVEMENTS [ATTACHED] EXHIBIT C PACIFIC CORPORATE CENTER NOTICE OF LEASE TERM DATES To: Re: Office Lease dated , 200 between , a (“Landlord”), and , a (“Tenant”) concerning Suite on floor(s) of the office building located at , , California. Gentlemen: In accordance with the Office Lease (the “Lease”), we wish to advise you and/or confirm as follows:

No Constructive Eviction. Since Tenant shall be in occupancy of is currently occupying the Expansion Premises during pursuant to the Construction of Sublease Agreement, and will continue to occupy the ImprovementsPremises on and after the Lease Commencement Date, Landlord agrees that it shall use commercially reasonable efforts to perform the Improvements Landlord Work in a manner so as to minimize interference with Tenant Tenant’s use of the Expansion Premises. Tenant hereby acknowledges that, notwithstanding Tenant’s occupancy of the Expansion Premises during the construction performance of the Improvements by LandlordLandlord Work, Landlord shall be permitted to construct the Improvements in the Expansion Premises Landlord Work during normal business hours, without any obligation to pay overtime or other premiums; to the extent, however, that Tenant agrees in writing to pay any overtime or other premiums incurred in connection with the construction of the Improvements in the Expansion Premises, the Improvements shall be constructed during hours other than the normal business hours. and Tenant shall provide a clear working area for such work, if necessary (including, but not limited to, the moving of furniture, fixtures and Tenant’s property away from the area in which Landlord is constructing the ImprovementsLandlord Work). Tenant hereby agrees that the construction of the Improvements, whether performed prior to or following the Expansion Rent Commencement Date, Landlord Work shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of rent, provided Landlord uses commercially reasonable efforts to minimize interference with Tenant's use of the Premises and such Landlord Work is completed within six (6) months from the date of commencement of the Landlord Work. Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from the ImprovementsLandlord Work , nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s personal property or improvements resulting from the Improvements Landlord Work or Landlord’s actions in connection with the ImprovementsLandlord Work, or for any inconvenience or annoyance occasioned by the Improvements Landlord Work or Landlord’s 's actions in connection with the ImprovementsLandlord Work. SECTION 6EXHIBIT C XXXXXX XXXXX CORPORATE CENTER NOTICE OF LEASE TERM DATES To: _______________________ _______________________ _______________________ _______________________ Re: Lease dated ____________, 200_ between ____________________, a _____________________ ("Landlord"), and _______________________, a _______________________ ("Tenant") concerning Suite ______ on floor(s) __________ of the office building located at [INSERT BUILDING ADDRESS]. Gentlemen: In accordance with the Lease (the "Lease"), we wish to advise you and/or confirm as follows: