Common use of Premises and Common Areas Leased Clause in Contracts

Premises and Common Areas Leased. (a) Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, the Premises described in Section 1(g). After the actual size and location of the Premises are determined by the parties pursuant to Section 1(g) and this Section 2(a) with respect to the Hold Space, and after the Commencement Date has occurred, an Exhibit “A”, setting forth the Premises, shall be added pursuant to Amendment No. 1. The Premises are located in the Building at the address designated in Section l(e) above, located on the parcel of real property (the “Site”) outlined on the Site Plan attached as Exhibit “B” and incorporated herein by this reference, and improved or to be improved with the Aggregate Improvements described in the Work Letter Agreement, a copy of which is attached as Exhibit “C” and incorporated herein by this reference, said Premises being agreed, for the purposes of this Lease, to have approximately the number of rentable square feet as designated in Section 1(j) subject to adjustment pursuant to the provisions of Section 1(g) and this Section 2(a), and being situated on the floor(s) described in Section 1(g) above, including the space described as Packages 1, 2, 3 and 4 in Section 1(p). The parties hereto agree that said letting and hiring is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of said terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. Landlord covenants, as a material part of the consideration for this Lease, to keep and perform each and all of said terms, covenants and conditions for which Landlord is liable and that this Lease is made upon the condition of such performance. Landlord represents that all rentable areas of each floor and of the entire Building will be calculated in accordance with the provisions of ANSI Z65.1-1980 (Building Owners and Managers Association) (the “BOMA Standard”), more particularly set forth in Exhibit “G” attached hereto and incorporated herein by this reference. The initial rentable area shall be determined by Landlord’s measurements from the Final Plans for the Base Building at the time the Final Plans are approved by the parties and shall be subject to a one-time adjustment as set forth hereinbelow in accordance with Tenant’s field check to be performed within ninety (90) days (“Measurement Period”) after Landlord delivers Package 4 to Tenant pursuant to Section 1(g) above. If Tenant’s field check within the Measurement Period results in a different measurement of the rentable square footage of the Building and Premises, and if Tenant and Landlord shall not agree as to the exact measurements after good faith deliberations, then such measurements shall be submitted to arbitration using the procedure set forth in Section 5 with the necessary modifications to reflect an arbitration as to the square footage. Landlord and Tenant agree to cooperate in good faith to cause the loss factor in the Building not to exceed ten percent (10%). In the event that the subsequent remeasurement of the Building or the Premises resulting from Tenant’s field check within the Measurement Period, as finally agreed upon by Landlord and Tenant or as determined after arbitration, indicates that the square footage measurement prepared by Landlord produces a square footage number in excess of the square footage number which would have resulted had the BOMA Standard been properly utilized, any payments due to Landlord from Tenant based upon the amount of square feet contained in the Premises or Building shall be proportionately and prospectively reduced or increased, to reflect the actual number of square feet, as properly remeasured under the BOMA Standard. If such remeasurement produces a square footage number greater or less than the square footage number which would have resulted had the BOMA Standard been properly utilized, any payments due from Tenant to Landlord based upon the amount of square feet contained in the Premises or Building shall be proportionately, retroactively and prospectively increased or decreased to reflect the actual number of square feet, as properly remeasured under the BOMA Standard. Tenant shall have the option (“Hold Space Option”) by notice to Landlord given prior to October 1, 1989 to add one or two full floors contiguous to the portion of the Premises located on the upper floors of the Building (“Hold Space”) on the same terms and conditions, including, Annual Basic Rent, as set forth herein, subject only to such Hold Space being added to Package 2.

Premises and Common Areas Leased. (a) Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, the Premises described contained within the suite designated in Section 1(g). After Paragraph 1, outlined on the actual size Floor Plan attached hereto and location of the Premises are determined marked Exhibit "A" and incorporated herein by the parties pursuant to Section 1(g) and this Section 2(a) with respect to the Hold Space, and after the Commencement Date has occurred, an Exhibit “A”, setting forth the Premises, shall be added pursuant to Amendment No. 1. The Premises are located reference in the Building building and parking facilities at the address designated in Section l(eSubparagraph 1 (e) aboveabove (the "Building"), located on the parcel of real property (the “"Site”") outlined on the Site Plan attached hereto as "Exhibit “"B” ", and incorporated herein by this reference, and improved or to be improved by Landlord with the Aggregate Improvements described in the Work Letter Agreement, a copy of which is attached as hereto and marked Exhibit “"C” " and incorporated herein by this reference. By taking possession of the Premises Tenant accepts the Aggregate Improvements as completed or as substantially completed. In the latter case, said Premises being agreedLandlord shall provide Tenant with a list of incomplete and/or corrective items, for the purposes which list shall be approved and acknowledged by Tenant within ten (10) days of this Lease, to have approximately the number of rentable square feet as designated in Section 1(j) subject to adjustment pursuant to the provisions of Section 1(g) receipt and this Section 2(a), and being situated on the floor(s) described in Section 1(g) above, including the space described as Packages 1, 2, 3 and 4 in Section 1(p)which items Landlord shall complete and/or correct promptly thereafter. The parties hereto agree that said letting and hiring is upon and subject to the terms, covenants and conditions herein set forth, forth and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of said terms, covenants and conditions by it to be kept and performed and that this Lease is in made upon the condition of such performance. Landlord covenants, as a material part of the consideration for this Lease, to keep and perform each and all of said terms, covenants and conditions for which Landlord is liable and that this Lease is made upon the condition of such performance. Landlord represents that all rentable areas of each floor and of the entire Building will be calculated in accordance with the provisions of ANSI Z65.1-1980 (Building Owners and Managers Association) (the “BOMA Standard”), more particularly set forth in Exhibit “G” attached hereto and incorporated herein by this reference. The initial rentable area shall be determined by Landlord’s measurements from the Final Plans for the Base Building at the time the Final Plans are approved by the parties and shall be subject to a one-time adjustment as set forth hereinbelow in accordance with Tenant’s field check to be performed within ninety (90) days (“Measurement Period”) after Landlord delivers Package 4 to Tenant pursuant to Section 1(g) above. If Tenant’s field check within the Measurement Period results in a different measurement of the rentable square footage of the Building and Premises, and if Tenant and Landlord shall not agree as to the exact measurements after good faith deliberations, then such measurements shall be submitted to arbitration using the procedure set forth in Section 5 with the necessary modifications to reflect an arbitration as to the square footage. Landlord and Tenant agree to cooperate in good faith to cause the loss factor in the Building not to exceed ten percent (10%). In the event that the subsequent remeasurement of the Building or the Premises resulting from Tenant’s field check within the Measurement Period, as finally agreed upon by Landlord and Tenant or as determined after arbitration, indicates that the square footage measurement prepared by Landlord produces a square footage number in excess of the square footage number which would have resulted had the BOMA Standard been properly utilized, any payments due to Landlord from Tenant based upon the amount of square feet contained in the Premises or Building shall be proportionately and prospectively reduced or increased, to reflect the actual number of square feet, as properly remeasured under the BOMA Standard. If such remeasurement produces a square footage number greater or less than the square footage number which would have resulted had the BOMA Standard been properly utilized, any payments due from Tenant to Landlord based upon the amount of square feet contained in the Premises or Building shall be proportionately, retroactively and prospectively increased or decreased to reflect the actual number of square feet, as properly remeasured under the BOMA Standard. Tenant shall have the option (“Hold Space Option”) by notice to Landlord given prior to October 1, 1989 to add one or two full floors contiguous to the portion of the Premises located on the upper floors of the Building (“Hold Space”) on the same terms and conditions, including, Annual Basic Rent, as set forth herein, subject only to such Hold Space being added to Package 2.

Premises and Common Areas Leased. (a) Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, the Premises described contained within the suite designated in Section 1(gSubparagraph 1(e). After , outlined on the actual size Floor Plan attached hereto and location of the Premises are determined marked Exhibit "A" and incorporated herein by the parties pursuant to Section 1(g) and this Section 2(a) reference, in that certain building which, together with respect to the Hold Space, and after the Commencement Date has occurred, an Exhibit “A”, setting forth the Premises, shall be added pursuant to Amendment No. 1. The Premises are its related parking facilities is located in the Building at the address designated in Section l(eSubparagraph 1(d) aboveabove (said building and said parking facilities are herein together referred to as the "Building"), located on the parcel or parcels of real property (the “"Site”") outlined on the Site Plan attached hereto as Exhibit “"B” ," and incorporated herein by this reference, and improved or to be improved by Landlord with the Aggregate Leasehold Improvements described in the Work Letter Agreement, a copy of which is attached as hereto and marked Exhibit “"C” " and incorporated herein by this reference, said Premises being agreed, for the purposes of this Lease, Lease to have an area approximately the number of rentable square feet as designated in Section 1(jSubparagraph 1(i) subject to adjustment pursuant to the provisions of Section 1(g) and this Section 2(a), and being situated on the floor(s) described designated in Section 1(gSubparagraph 1(f) above. By taking possession of the Premises, including Tenant accepts the space described Leasehold Improvements as Packages 1completed or as substantially completed, 2and in the latter case, 3 Landlord shall provide Tenant with a punch list of incomplete and/or corrective items -- which list shall be approved and 4 in Section 1(p)acknowledged by Tenant and which items Landlord shall complete and/or correct within fifteen (15) days thereafter, or such additional time as may be required to complete and/or correct such items so long as Landlord is proceeding with due diligence. The parties hereto agree that said letting and hiring is upon and subject to the terms, covenants and conditions herein set forth, forth and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of said terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. Landlord covenants, as a material part of the consideration for this Lease, to keep and perform each and all of said terms, covenants and conditions for which Landlord is liable and that this Lease is made upon the condition of such performance. Landlord represents that all rentable areas of each floor and of the entire Building will be calculated in accordance with the provisions of ANSI Z65.1-1980 (Building Owners and Managers Association) (the “BOMA Standard”), more particularly set forth in Exhibit “G” attached hereto and incorporated herein by this reference. The initial rentable area shall be determined by Landlord’s measurements from the Final Plans for the Base Building at the time the Final Plans are approved by the parties and shall be subject to a one-time adjustment as set forth hereinbelow in accordance with Tenant’s field check to be performed within ninety (90) days (“Measurement Period”) after Landlord delivers Package 4 to Tenant pursuant to Section 1(g) above. If Tenant’s field check within the Measurement Period results in a different measurement of the rentable square footage of the Building and Premises, and if Tenant and Landlord shall not agree as to the exact measurements after good faith deliberations, then such measurements shall be submitted to arbitration using the procedure set forth in Section 5 with the necessary modifications to reflect an arbitration as to the square footage. Landlord and Tenant agree to cooperate in good faith to cause the loss factor in the Building not to exceed ten percent (10%). In the event that the subsequent remeasurement of the Building or the Premises resulting from Tenant’s field check within the Measurement Period, as finally agreed upon by Landlord and Tenant or as determined after arbitration, indicates that the square footage measurement prepared by Landlord produces a square footage number in excess of the square footage number which would have resulted had the BOMA Standard been properly utilized, any payments due to Landlord from Tenant based upon the amount of square feet contained in the Premises or Building shall be proportionately and prospectively reduced or increased, to reflect the actual number of square feet, as properly remeasured under the BOMA Standard. If such remeasurement produces a square footage number greater or less than the square footage number which would have resulted had the BOMA Standard been properly utilized, any payments due from Tenant to Landlord based upon the amount of square feet contained in the Premises or Building shall be proportionately, retroactively and prospectively increased or decreased to reflect the actual number of square feet, as properly remeasured under the BOMA Standard. Tenant shall have the option (“Hold Space Option”) by notice to Landlord given prior to October 1, 1989 to add one or two full floors contiguous to the portion of the Premises located on the upper floors of the Building (“Hold Space”) on the same terms and conditions, including, Annual Basic Rent, as set forth herein, subject only to such Hold Space being added to Package 2.

Premises and Common Areas Leased. (a) Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, Landlord the Premises described contained within the suite designated in Section 1(g). After Paragraph 1, outlined on the actual size Floor Plan attached hereto and location of the Premises are determined marked Exhibit "A-I" and incorporated herein by the parties pursuant to Section 1(g) and this Section 2(a) reference, in that certain building which, together with respect to the Hold Spaceits related parking facilities, and after the Commencement Date has occurred, an Exhibit “A”, setting forth the Premises, shall be added pursuant to Amendment No. 1. The Premises are is located in the Building at the address designated in Section l(eSubparagraph 1(d) aboveabove (said building and said parking facilities are herein together referred to as the "Building"), located on the parcel or parcels of real property (the “Site”"Development") outlined on the Site Plan attached hereto as Exhibit “B” "A-II" and incorporated herein by this reference, and improved or to be improved by Landlord with the Aggregate Tenant Improvements described in the Work Letter Agreement, a copy of which is attached as hereto and marked Exhibit “C” "B" and which is incorporated herein by this reference, said Premises being agreed, for the purposes of this Lease, to have an area approximately the number of rentable square Square feet as designated in Section 1(jSubparagraph 1(i)(the exact number of which shall be determined in accordance with such Subparagraph) subject to adjustment pursuant to the provisions of Section 1(g) and this Section 2(a), and being situated on the floor(s) described designated in Section 1(gSubparagraph 1(f) above. By taking possession of the Premises, including Tenant accepts the space described Tenant Improvements as Packages 1completed or as substantially completed, 2and in the latter case, 3 Landlord and 4 in Section 1(p)Tenant shall create a list of incomplete and/or corrective items, which list shall be approved and acknowledged by Tenant and which items landlord shall complete and/or correct promptly thereafter. The parties hereto agree that said letting and hiring is upon and subject to the terms, covenants and conditions herein set forth, forth and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of said terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. Landlord covenants, as a material part of the consideration for this Lease, to keep and perform each and all of said terms, covenants and conditions for which Landlord is liable and that this Lease is made upon the condition of such performance. Landlord represents that all rentable areas of each floor and of the entire Building will be calculated in accordance with the provisions of ANSI Z65.1-1980 (Building Owners and Managers Association) (the “BOMA Standard”), more particularly set forth in Exhibit “G” attached hereto and incorporated herein by this reference. The initial rentable area shall be determined by Landlord’s measurements from the Final Plans for the Base Building at the time the Final Plans are approved by the parties and shall be subject to a one-time adjustment as set forth hereinbelow in accordance with Tenant’s field check to be performed within ninety (90) days (“Measurement Period”) after Landlord delivers Package 4 to Tenant pursuant to Section 1(g) above. If Tenant’s field check within the Measurement Period results in a different measurement of the rentable square footage of the Building and Premises, and if Tenant and Landlord shall not agree as to the exact measurements after good faith deliberations, then such measurements shall be submitted to arbitration using the procedure set forth in Section 5 with the necessary modifications to reflect an arbitration as to the square footage. Landlord and Tenant agree to cooperate in good faith to cause the loss factor in the Building not to exceed ten percent (10%). In the event that the subsequent remeasurement of the Building or the Premises resulting from Tenant’s field check within the Measurement Period, as finally agreed upon by Landlord and Tenant or as determined after arbitration, indicates that the square footage measurement prepared by Landlord produces a square footage number in excess of the square footage number which would have resulted had the BOMA Standard been properly utilized, any payments due to Landlord from Tenant based upon the amount of square feet contained in the Premises or Building shall be proportionately and prospectively reduced or increased, to reflect the actual number of square feet, as properly remeasured under the BOMA Standard. If such remeasurement produces a square footage number greater or less than the square footage number which would have resulted had the BOMA Standard been properly utilized, any payments due from Tenant to Landlord based upon the amount of square feet contained in the Premises or Building shall be proportionately, retroactively and prospectively increased or decreased to reflect the actual number of square feet, as properly remeasured under the BOMA Standard. Tenant shall have the option (“Hold Space Option”) by notice to Landlord given prior to October 1, 1989 to add one or two full floors contiguous to the portion of the Premises located on the upper floors of the Building (“Hold Space”) on the same terms and conditions, including, Annual Basic Rent, as set forth herein, subject only to such Hold Space being added to Package 2.

Premises and Common Areas Leased. (a) Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, the Premises described contained within the suite designated in Section 1(g). After Paragraph 1, outlined on the actual size Floor Plan attached hereto and location of the Premises are determined marked Exhibit "A" and incorporated herein by the parties pursuant to Section 1(g) and this Section 2(a) with respect to the Hold Space, and after the Commencement Date has occurred, an Exhibit “A”, setting forth the Premises, shall be added pursuant to Amendment No. 1. The Premises are located reference in the Building building and parking facilities at the address designated in Section l(eSubparagraph 1(e) aboveabove (the "Building'), located on the parcel of real property (the “"Site”") outlined on the Site Plan attached hereto as Exhibit “"B” ", and incorporated herein by this reference, and improved or to be improved by Landlord with the Aggregate Improvements described in the Work Letter Agreement, a copy of which is attached as hereto and marked Exhibit “"C” " and incorporated herein by this reference. By taking possession of the Premises Tenant accepts the Aggregate Improvements as completed or as substantially completed. In the latter case, said Premises being agreedLandlord shall provide Tenant with a list of incomplete and/or corrective items, for the purposes which list shall be approved and acknowledged by Tenant within ten (10) days of this Lease, to have approximately the number of rentable square feet as designated in Section 1(j) subject to adjustment pursuant to the provisions of Section 1(g) receipt and this Section 2(a), and being situated on the floor(s) described in Section 1(g) above, including the space described as Packages 1, 2, 3 and 4 in Section 1(p)which items Landlord shall complete and/or correct promptly thereafter. The parties hereto agree that said letting and hiring is upon and subject to the terms, covenants and conditions herein set forth, forth and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of said terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. Landlord covenants, as a material part of the consideration for this Lease, to keep and perform each and all of said terms, covenants and conditions for which Landlord is liable and that this Lease is made upon the condition of such performance. Landlord represents that all rentable areas of each floor and of the entire Building will be calculated in accordance with the provisions of ANSI Z65.1-1980 (Building Owners and Managers Association) (the “BOMA Standard”), more particularly set forth in Exhibit “G” attached hereto and incorporated herein by this reference. The initial rentable area shall be determined by Landlord’s measurements from the Final Plans for the Base Building at the time the Final Plans are approved by the parties and shall be subject to a one-time adjustment as set forth hereinbelow in accordance with Tenant’s field check to be performed within ninety (90) days (“Measurement Period”) after Landlord delivers Package 4 to Tenant pursuant to Section 1(g) above. If Tenant’s field check within the Measurement Period results in a different measurement of the rentable square footage of the Building and Premises, and if Tenant and Landlord shall not agree as to the exact measurements after good faith deliberations, then such measurements shall be submitted to arbitration using the procedure set forth in Section 5 with the necessary modifications to reflect an arbitration as to the square footage. Landlord and Tenant agree to cooperate in good faith to cause the loss factor in the Building not to exceed ten percent (10%). In the event that the subsequent remeasurement of the Building or the Premises resulting from Tenant’s field check within the Measurement Period, as finally agreed upon by Landlord and Tenant or as determined after arbitration, indicates that the square footage measurement prepared by Landlord produces a square footage number in excess of the square footage number which would have resulted had the BOMA Standard been properly utilized, any payments due to Landlord from Tenant based upon the amount of square feet contained in the Premises or Building shall be proportionately and prospectively reduced or increased, to reflect the actual number of square feet, as properly remeasured under the BOMA Standard. If such remeasurement produces a square footage number greater or less than the square footage number which would have resulted had the BOMA Standard been properly utilized, any payments due from Tenant to Landlord based upon the amount of square feet contained in the Premises or Building shall be proportionately, retroactively and prospectively increased or decreased to reflect the actual number of square feet, as properly remeasured under the BOMA Standard. Tenant shall have the option (“Hold Space Option”) by notice to Landlord given prior to October 1, 1989 to add one or two full floors contiguous to the portion of the Premises located on the upper floors of the Building (“Hold Space”) on the same terms and conditions, including, Annual Basic Rent, as set forth herein, subject only to such Hold Space being added to Package 2.

Premises and Common Areas Leased. (a) Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, Landlord the Premises described contained within the suite designated in Section 1(gParagraph 1(f). After , outlined on the actual size Floor Plan attached hereto and location of the Premises are determined by the parties pursuant to Section 1(g) and this Section 2(a) with respect to the Hold Space, and after the Commencement Date has occurred, an marked Exhibit “A”, setting forth the Premises, shall be added pursuant to Amendment No. 1. The Premises are located ” and incorporated herein by this reference in the Building building known as “Topaz” at the address designated in Section l(eParagraph 1(e) above, located on the parcel of real property above (the “SiteBuilding”) ), located in the Project, as outlined on the Site Plan site plan attached hereto as Exhibit “B” and incorporated herein by this reference, . The Premises are situated on the floor(s) designated in Paragraph 1(g) above and improved or to be improved with the Aggregate Improvements described in the Work Letter Agreement, a copy of which is attached as Exhibit “C” are agreed by Landlord and incorporated herein by this reference, said Premises being agreedTenant, for the purposes of this Lease, to have approximately the number of rentable square feet as designated in Section Paragraph 1(j), determined generally in accordance with the method of measurement for rentable area, usable area and related terms contained in the American National Standard Method for Measuring Floor Area in Office Buildings, approved on June 7, 1996 and published by the Building Owners and Managers Association International (ANSI/BOMA Z65.1-1996) subject to adjustment pursuant (“BOMA Standard”). Prior to the Lease Commencement Date and from time to time during the term of this Lease, Landlord shall be entitled to commission its architect and, in cooperation with Tenant’s architect, measure the Premises to determine the area thereof in accordance with the BOMA Standard, and such determination shall be used in calculating and adjusting, as applicable, the rentable and useable areas of the Premises, the Tenant’s Percentage Share, the Annual and Monthly Base Rent, and related calculations and determinations under this Lease. In the absence of any such determination by Landlord’s and Tenant’s architects, the amounts, percentages, and related information specified in Paragraph 1 and other provisions of Section 1(g) and this Section 2(a), and being situated on the floor(s) described in Section 1(g) above, including the space described as Packages 1, 2, 3 and 4 in Section 1(p)Lease shall be conclusive. The parties hereto agree that said letting and hiring is upon and subject to the terms, covenants and conditions herein set forth, forth and Tenant covenants and Landlord covenant as a material part of the consideration for this Lease to keep and perform each and all of said terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. Landlord covenants, as a material part of the consideration for this Lease, to keep and perform each and all of said terms, covenants and conditions for which Landlord is liable and that this Lease is made upon the condition of such performance. Landlord represents that all rentable areas of each floor and of the entire Building will be calculated in accordance with the provisions of ANSI Z65.1-1980 (Building Owners and Managers Association) (the “BOMA Standard”), more particularly set forth in Exhibit “G” attached hereto and incorporated herein by this reference. The initial rentable area shall be determined by Landlord’s measurements from the Final Plans for the Base Building at the time the Final Plans are approved by the parties and shall be subject to a one-time adjustment as set forth hereinbelow in accordance with Tenant’s field check to be performed within ninety (90) days (“Measurement Period”) after Landlord delivers Package 4 to Tenant pursuant to Section 1(g) above. If Tenant’s field check within the Measurement Period results in a different measurement of the rentable square footage of the Building and Premises, and if Tenant and Landlord shall not agree as to the exact measurements after good faith deliberations, then such measurements shall be submitted to arbitration using the procedure set forth in Section 5 with the necessary modifications to reflect an arbitration as to the square footage. Landlord and Tenant agree to cooperate in good faith to cause the loss factor in the Building not to exceed ten percent (10%). In the event that the subsequent remeasurement of the Building or the Premises resulting from Tenant’s field check within the Measurement Period, as finally agreed upon by Landlord and Tenant or as determined after arbitration, indicates that the square footage measurement prepared by Landlord produces a square footage number in excess of the square footage number which would have resulted had the BOMA Standard been properly utilized, any payments due to Landlord from Tenant based upon the amount of square feet contained in the Premises or Building shall be proportionately and prospectively reduced or increased, to reflect the actual number of square feet, as properly remeasured under the BOMA Standard. If such remeasurement produces a square footage number greater or less than the square footage number which would have resulted had the BOMA Standard been properly utilized, any payments due from Tenant to Landlord based upon the amount of square feet contained in the Premises or Building shall be proportionately, retroactively and prospectively increased or decreased to reflect the actual number of square feet, as properly remeasured under the BOMA Standard. Tenant shall have the option (“Hold Space Option”) by notice to Landlord given prior to October 1, 1989 to add one or two full floors contiguous to the portion of the Premises located on the upper floors of the Building (“Hold Space”) on the same terms and conditions, including, Annual Basic Rent, as set forth herein, subject only to such Hold Space being added to Package 2.

Premises and Common Areas Leased. (a) Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, the Premises described premises contained within the suite designated in Section 1(gthe Basic Lease Terms, outlined on the Floor Plan attached hereto and marked Exhibit "A" (the "Premises"). After the actual size , of that certain twenty story office building ("Office Tower") and location basement garage ("Basement Garage") located at 2101 Xxxxxxx Xxxxxx, Oakland, California, "Multi-Story Parking Facility" (exclusive of the Premises YMCA facility) located at 2353 Xxxxxxx Xxxxxx, Oakland, California. Said Office Tower and the Basement Garage are determined by collectively referred to as the parties pursuant to Section 1(g) "Building" and this Section 2(a) with respect to the Hold Space, and after the Commencement Date has occurred, an Exhibit “A”, setting forth the Premises, shall be added pursuant to Amendment No. 1. The Premises are located in the Building at the address designated in Section l(e) above, located on the parcel parcels of real property (the “"Site”") described in the legal descriptions and outlined on the site plans attached hereto and marked Exhibit "B-l". Xhe Multi-Story Parking Facility is located on the parcels of real property (the "Parking Site") described in the legal descriptions and outlined on the site plans attached hereto and marked Exhibit "B-2". The Building, Site, Multi-Story Parking Facility and Parking Site Plan are collectively referred to as the "Property". The Premises are to be improved by Landlord with the Landlord's Work described in Exhibit "C" attached as Exhibit “B” hereto and incorporated herein by this reference, and improved or to be improved with the Aggregate Improvements described in the Work Letter Agreement, a copy of which is attached as Exhibit “C” and incorporated herein by this reference, said . Said Premises being agreed, for the purposes of this Lease, to have approximately the number of rentable square feet as designated in Section 1(j) subject to adjustment pursuant to Paragraph 10 of the provisions of Section 1(g) and this Section 2(a), and being situated on the floor(s) described in Section 1(g) above, including the space described as Packages 1, 2, 3 and 4 in Section 1(p)Basic Lease Terms. The parties hereto agree that said letting and hiring is upon and subject to the terms, covenants and conditions herein set forth, forth and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of said terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. Landlord covenants, as a material part of the consideration for this Lease, to keep and perform each and all of said terms, covenants and conditions for which Landlord is liable and that this Lease is made upon the condition of such performance. Landlord represents that all rentable areas of each floor and of the entire Building will be calculated in accordance with the provisions of ANSI Z65.1-1980 (Building Owners and Managers Association) (the “BOMA Standard”), more particularly set forth in Exhibit “G” attached hereto and incorporated herein by this reference. The initial rentable area shall be determined by Landlord’s measurements from the Final Plans for the Base Building at the time the Final Plans are approved by the parties and shall be subject to a one-time adjustment as set forth hereinbelow in accordance with Tenant’s field check to be performed within ninety (90) days (“Measurement Period”) after Landlord delivers Package 4 to Tenant pursuant to Section 1(g) above. If Tenant’s field check within the Measurement Period results in a different measurement of the rentable square footage of the Building and Premises, and if Tenant and Landlord shall not agree as to the exact measurements after good faith deliberations, then such measurements shall be submitted to arbitration using the procedure set forth in Section 5 with the necessary modifications to reflect an arbitration as to the square footage. Landlord and Tenant agree to cooperate in good faith to cause the loss factor in the Building not to exceed ten percent (10%). In the event that the subsequent remeasurement of the Building or the Premises resulting from Tenant’s field check within the Measurement Period, as finally agreed upon by Landlord and Tenant or as determined after arbitration, indicates that the square footage measurement prepared by Landlord produces a square footage number in excess of the square footage number which would have resulted had the BOMA Standard been properly utilized, any payments due to Landlord from Tenant based upon the amount of square feet contained in the Premises or Building shall be proportionately and prospectively reduced or increased, to reflect the actual number of square feet, as properly remeasured under the BOMA Standard. If such remeasurement produces a square footage number greater or less than the square footage number which would have resulted had the BOMA Standard been properly utilized, any payments due from Tenant to Landlord based upon the amount of square feet contained in the Premises or Building shall be proportionately, retroactively and prospectively increased or decreased to reflect the actual number of square feet, as properly remeasured under the BOMA Standard. Tenant shall have the option (“Hold Space Option”) by notice to Landlord given prior to October 1, 1989 to add one or two full floors contiguous to the portion of the Premises located on the upper floors of the Building (“Hold Space”) on the same terms and conditions, including, Annual Basic Rent, as set forth herein, subject only to such Hold Space being added to Package 2.

Premises and Common Areas Leased. (a) Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, the Premises described in Section 1(g). After contained within the actual size and location of the Premises are determined by the parties pursuant to Section 1(g) and this Section 2(a) with respect to the Hold Space, and after the Commencement Date has occurred, an Exhibit “A”, setting forth the Premises, shall be added pursuant to Amendment No. 1. The Premises are located in the Building at the address suite designated in Section l(e) aboveParagraph 1, located on the parcel of real property (the “Site”) outlined on the Site Floor Plan attached as Exhibit “B” hereto and marked EXHIBITS "A" and "A-1" and incorporated herein by this reference, and improved or to be improved by Landlord with the Aggregate Leasehold Improvements described in the Work Letter Agreement, a copy of which is attached as Exhibit “C” hereto and marked EXHIBIT "B" and incorporated herein by this reference, said Premises being agreed, for the purposes of this Lease, to have an area approximately the number of rentable square feet as designated in Section 1(j) subject to adjustment pursuant to the provisions of Section 1(g) and this Section 2(a), Paragraph 1 and being situated on the floor(sFloor(s) described designated in Section 1(g) above, including the space described as Packages Paragraph 1, 2of that certain office building located at the address designated in Paragraph 1 (hereinafter called "Building"). The definition of the Premises specifically includes the automatic teller machine and night depository (collectively, 3 "ATM") to be installed by Tenant outside the Suite designated on page 1 of this Lease in the location shown on EXHIBIT "A". The Premises exclude the common stairways, stairwells, hallways, accessways, elevator shafts, flues, pipe shafts, vertical ducts, conduits, wires and 4 appurtenant fixtures serving exclusively for or in Section 1(p)common with other parts of the Building. By taking possession of the Premises, Tenant accepts the Leasehold Improvements as completed or as substantially completed, and in the latter case, any incomplete or corrective items will be completed by Landlord in accordance with the procedure for "punchlist" items set forth in the Work Letter Agreement. The parties hereto agree that said letting and hiring is upon and subject to the terms, covenants and conditions herein set forth, forth and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of said terms, covenants and conditions by it to be kept and performed and that this Lease is made upon on the condition of such performance. Landlord covenants, as a material part of the consideration for this Lease, to keep Tenant acknowledges and perform each and all of said terms, covenants and conditions for which Landlord is liable and agrees that this Lease is made upon the condition of such performance. Landlord represents that all rentable areas of each floor and of the entire Building will be calculated in accordance with the provisions of ANSI Z65.1-1980 (Building Owners and Managers Association) (the “BOMA Standard”), more particularly set forth in Exhibit “G” attached hereto and incorporated herein by this reference. The initial rentable area shall be determined by Landlord’s measurements from the Final Plans for the Base Building at the time the Final Plans are approved by the parties and shall be subject to a one-time adjustment as set forth hereinbelow in accordance with Tenant’s field check to be performed within ninety (90) days (“Measurement Period”) after Landlord delivers Package 4 to Tenant pursuant to Section 1(g) above. If Tenant’s field check within the Measurement Period results in a different measurement of the rentable square footage of the Building and Premises, and if Tenant and Landlord shall not agree as subordinate to the exact measurements after good faith deliberationsterms and conditions of any and all covenants, then such measurements shall be submitted to arbitration using the procedure set forth in Section 5 with the necessary modifications to reflect an arbitration as to the square footage. Landlord and Tenant agree to cooperate in good faith to cause the loss factor in the Building not to exceed ten percent (10%). In the event that the subsequent remeasurement of the Building conditions or the Premises resulting from Tenant’s field check within the Measurement Period, as finally agreed upon by Landlord and Tenant restrictions now or as determined after arbitration, indicates that the square footage measurement prepared by Landlord produces a square footage number in excess of the square footage number which would have resulted had the BOMA Standard been properly utilized, any payments due to Landlord from Tenant based upon the amount of square feet contained in the Premises or Building shall be proportionately and prospectively reduced or increased, to reflect the actual number of square feet, as properly remeasured under the BOMA Standard. If such remeasurement produces a square footage number greater or less than the square footage number which would have resulted had the BOMA Standard been properly utilized, any payments due from Tenant to Landlord based upon the amount of square feet contained in the Premises or Building shall be proportionately, retroactively and prospectively increased or decreased to reflect the actual number of square feet, as properly remeasured under the BOMA Standard. Tenant shall have the option (“Hold Space Option”) by notice to Landlord given prior to October 1, 1989 to add one or two full floors contiguous to the portion of the Premises located on the upper floors of hereafter affecting the Building (“Hold Space”) on the same terms and conditions"COVENANTS, including, Annual Basic Rent, as set forth herein, subject only to such Hold Space being added to Package 2CONDITIONS & RESTRICTIONS").

Premises and Common Areas Leased. (a) Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, the Premises described premises contained within the suite designated in Section 1(gthe Basic Lease Terms, outlined on the Floor Plan attached hereto and marked Exhibit "A" (the "Premises"). After the actual size , of that certain twenty story office building ("Office Tower") and location basement garage ("Basement Garage") located at 2101 Xxxxxxx Xxxxxx, Oakland, California, "Multi-Story Parking Facility" (exclusive of the Premises YMCA facility) located at 2353 Xxxxxxx Xxxxxx, Oakland, California. Said Office Tower and the Basement Garage are determined by collectively referred to as the parties pursuant to Section 1(g) "Building" and this Section 2(a) with respect to the Hold Space, and after the Commencement Date has occurred, an Exhibit “A”, setting forth the Premises, shall be added pursuant to Amendment No. 1. The Premises are located in the Building at the address designated in Section l(e) above, located on the parcel parcels of real property (the “"Site”") described in the legal descriptions and outlined on the site plans attached hereto and marked Exhibit "B-1". The Multi-Story Parking Facility is located on the parcels of real property (the "Parking Site") described in the legal descriptions and outlined on the site plans attached hereto and marked Exhibit "B-2". The Building, Site, Multi-Story Parking Facility and Parking Site Plan are collectively referred to as the "Property". The Premises are to be improved by Landlord with the Landlord's Work described in Exhibit "C" attached as Exhibit “B” hereto and incorporated herein by this reference, and improved or to be improved with the Aggregate Improvements described in the Work Letter Agreement, a copy of which is attached as Exhibit “C” and incorporated herein by this reference, said . Said Premises being agreed, for the purposes of this Lease, to have approximately the number of rentable square feet as designated in Section 1(j) subject to adjustment pursuant to Paragraph 10 of the provisions of Section 1(g) and this Section 2(a), and being situated on the floor(s) described in Section 1(g) above, including the space described as Packages 1, 2, 3 and 4 in Section 1(p)Basic Lease Terms. The parties hereto agree that said letting and hiring is upon and subject to the terms, covenants and conditions herein set forth, forth and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of said terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. Landlord covenants, as a material part of the consideration for this Lease, to keep and perform each and all of said terms, covenants and conditions for which Landlord is liable and that this Lease is made upon the condition of such performance. Landlord represents that all rentable areas of each floor and of the entire Building will be calculated in accordance with the provisions of ANSI Z65.1-1980 (Building Owners and Managers Association) (the “BOMA Standard”), more particularly set forth in Exhibit “G” attached hereto and incorporated herein by this reference. The initial rentable area shall be determined by Landlord’s measurements from the Final Plans for the Base Building at the time the Final Plans are approved by the parties and shall be subject to a one-time adjustment as set forth hereinbelow in accordance with Tenant’s field check to be performed within ninety (90) days (“Measurement Period”) after Landlord delivers Package 4 to Tenant pursuant to Section 1(g) above. If Tenant’s field check within the Measurement Period results in a different measurement of the rentable square footage of the Building and Premises, and if Tenant and Landlord shall not agree as to the exact measurements after good faith deliberations, then such measurements shall be submitted to arbitration using the procedure set forth in Section 5 with the necessary modifications to reflect an arbitration as to the square footage. Landlord and Tenant agree to cooperate in good faith to cause the loss factor in the Building not to exceed ten percent (10%). In the event that the subsequent remeasurement of the Building or the Premises resulting from Tenant’s field check within the Measurement Period, as finally agreed upon by Landlord and Tenant or as determined after arbitration, indicates that the square footage measurement prepared by Landlord produces a square footage number in excess of the square footage number which would have resulted had the BOMA Standard been properly utilized, any payments due to Landlord from Tenant based upon the amount of square feet contained in the Premises or Building shall be proportionately and prospectively reduced or increased, to reflect the actual number of square feet, as properly remeasured under the BOMA Standard. If such remeasurement produces a square footage number greater or less than the square footage number which would have resulted had the BOMA Standard been properly utilized, any payments due from Tenant to Landlord based upon the amount of square feet contained in the Premises or Building shall be proportionately, retroactively and prospectively increased or decreased to reflect the actual number of square feet, as properly remeasured under the BOMA Standard. Tenant shall have the option (“Hold Space Option”) by notice to Landlord given prior to October 1, 1989 to add one or two full floors contiguous to the portion of the Premises located on the upper floors of the Building (“Hold Space”) on the same terms and conditions, including, Annual Basic Rent, as set forth herein, subject only to such Hold Space being added to Package 2.