Common use of Proposed Sublet Premises Clause in Contracts

Proposed Sublet Premises. Landlord hereby acknowledges that, during the first year of the Lease Term, Tenant intends to sublease up to fifty percent of the Leased Premises. Provided Tenant is not in default of this Lease, Landlord agrees that it will not exercise its right, as provided for in Paragraph 19, to terminate the Lease as a result of a request by Tenant to sublease fifty percent or less of the Premises for a sublease term not to extend beyond July 14, 1999. In such event, Landlord agrees to issue Landlord's standard consent to said sublease, subject to (a) Tenant submitting to Landlord a copy of said sublease (prior to said sublease commencing), (b) Landlord, Tenant and Subtenant thereafter executing Landlord's standard Consent to Sublease agreement and (c) Landlord receives payment from Tenant of Landlord's costs for processing said Sublease Consent prior to said sublease commencing. In addition to and notwithstanding anything to the contrary in Paragraph 19, Tenant shall be entitled to retain one hundred percent of any rents due Tenant from a subtenant on the Proposed Sublet Premises in excess of the Rent payable by Tenant to Landlord hereunder ("Excess Rent") during the period prior to July 15, 1999.

Proposed Sublet Premises. Landlord hereby acknowledges that, during the first year of the Lease Term, Tenant intends to sublease up to fifty percent approximately 12,938 square feet of the Leased Premises, which space is located on the first floor of the Building ("Proposed Sublet Premises"). Provided Tenant is not in default of this Lease, Landlord agrees that it will not exercise its right, as provided for in Paragraph 19, to terminate the Lease as a result of a request by Tenant to sublease fifty percent or less of the Proposed Sublet Premises for a sublease term not to extend beyond July 14June 30, 1999. In such event, Landlord agrees to issue Landlord's standard consent to said sublease, subject to (a) Tenant submitting to Landlord a copy of said sublease (prior to said sublease commencing), (b) Landlord, Tenant and Subtenant thereafter executing Landlord's standard Consent to Sublease agreement and (c) Landlord receives payment from Tenant of Landlord's costs for processing said Sublease Consent prior to said sublease commencing. In addition As an accommodation to Tenant, Landlord has reduced the Base Rent Rate on the Proposed Sublet Premises for the first year of the Lease Term to $1.75 per square foot per month, and notwithstanding anything to the contrary in Paragraph 19as such, Tenant specifically acknowledges that the Base Rent Tenant shall be entitled to retain one hundred percent pay for the first year of any the Lease Term is a blended rate. Any rents due Tenant from a subtenant on the Proposed Sublet Premises in excess of the Rent payable by Tenant to Landlord hereunder $1.75 per square foot per month shall be considered excess rent ("Excess Rent") ), and pursuant to the terms of Paragraph 19, Tenant shall pay one hundred percent of such Excess Rent to Landlord. However, prior to sharing such Excess Rent, Tenant shall be first entitled to recover from such Excess Rent the amount of all reasonable leasing commissions on said Proposed Sublet Premises paid to third parties not affiliated with Tenant. The parties hereto agree that Landlord will accommodate Tenant by assisting Tenant in finding a subtenant to lease the Proposed Sublet Premises for a sublease term not to exceed June 30, 1999 ("Sublease Term"). Tenant shall be responsible for entering into a sublease agreement with said subtenant and Landlord shall issue its standard Consent to Sublease form which shall be executed by Landlord, Tenant and the subtenant. Said sublease entered into between Tenant and subtenant shall provide for the subtenant to issue payments due under the sublease directly to Landlord during the period prior Sublease Term and Landlord shall make reasonable efforts to July 15collect the amounts due from the subtenant. Said amounts so collected by Landlord shall be credited to Tenant's account under this Lease; however, Landlord shall not be responsible or liable to Tenant for its failure to collect the amounts due from said subtenant, nor shall Tenant be relieved of any of its obligations under the Lease due to Landlord's agreement to collect the amounts due from the subtenant and Tenant shall not be entitled to an offset of the amounts due under Tenant's Lease for Landlord's failure to collect the amounts due from said subtenant under the sublease. Subject to the terms and conditions of this Paraxxxxx 00X, Xxxxxxxx xxxo agrees to provide reasonable improvements to the Proposed Sublet Premises, at Landlord's expense, provided: (i) Tenant is not in default of this Lease and (ii) said Sublease Term does not exceed June 30, 1999. Notwithstanding the above, Landlord retains the sole and absolute right to determine what improvements are considered reasonable and shall not be liable to Tenant, in any manner whatsoever, for Landlord's refusal to provide said improvements if Landlord determines, in its sole and absolute discretion, that the subtenant improvements are not reasonable. The parties hereto acknowledge and agree that Landlord shall not be liable, in any manner whatsoever, to Tenant if Landlord does not find a subtenant for the Proposed Sublet Premises and Tenant shall have no claim, of any type whatsoever, against Landlord for Landlord's failure to find a subtenant for the Proposed Sublet Premises.

Proposed Sublet Premises. Landlord hereby acknowledges that, during the first year two years of the Lease Term, Tenant intends to sublease up to fifty one hundred percent of the Leased Premises. Provided Tenant is not in default of this Lease, Landlord agrees that it will not exercise its right, as provided for in Paragraph 19, to terminate the Lease as a result of a request by Tenant to sublease fifty percent or less of the Premises for a sublease term not to extend beyond July 14June 30, 19992000. In such event, Landlord agrees to issue Landlord's standard consent to said sublease, subject to (a) Tenant submitting to Landlord a copy of said sublease (prior to said sublease commencing), (b) Landlord, Tenant and Subtenant thereafter executing Landlord's standard Consent to Sublease agreement and (c) Landlord receives payment from Tenant of Landlord's costs for processing said Sublease Consent prior to said sublease commencing. In addition to and notwithstanding anything to the contrary in Paragraph 19, Tenant shall be entitled prior to retain one hundred percent of sharing any rents due Tenant from a subtenant on the Proposed Sublet Premises in excess of the Rent payable by Tenant to Landlord hereunder ("Excess Rent") ), Tenant shall be first entitled to recover from such Excess Rent the amount of all reasonable leasing commissions on said Proposed Sublet Premises paid to third parties not affiliated with Tenant. The parties hereto agree that Landlord will accommodate Tenant by assisting Tenant in finding a subtenant to lease the Proposed Sublet Premises for a sublease term not to exceed June 30, 2000 ("Sublease Term"). Tenant shall be responsible for entering into a sublease agreement with said subtenant and Landlord shall issue its standard Consent to Sublease form which shall be executed by Landlord, Tenant and the subtenant. Said sublease entered into between Tenant and subtenant shall provide for the subtenant to issue payments due under the sublease directly to Landlord during the period prior Sublease Term and Landlord shall make reasonable efforts to July collect the amounts due from the subtenant. Said amounts so collected by Landlord shall be credited to Tenant's account under this Lease; however, Landlord shall not be responsible or liable to Tenant for its failure to collect the amounts due from said subtenant, nor shall Tenant be relieved of any of its obligations under the Lease due to Landlord's agreement to collect the amounts due from the subtenant and Tenant shall not be entitled to an offset of the amounts due under Tenant's Lease for Landlord's failure to collect the amounts due from said subtenant under the sublease. Subject to the terms and conditions of this Paraxxxxx 00X, Xxxxxxxx xxxo agrees to provide reasonable improvements to the Proposed Sublet Premises, at Landlord's expense, provided: (i) Tenant is not in default of this Lease and (ii) said Sublease Term does not exceed June 30, 2000. Notwithstanding the above, Landlord retains the sole and absolute right to determine what improvements are considered reasonable and shall not be liable to Tenant, in any manner whatsoever, for Landlord's refusal to provide said improvements if Landlord determines, in its sole and absolute discretion, that the subtenant improvements are not reasonable. The parties hereto acknowledge and agree that Landlord shall not be liable, in any manner whatsoever, to Tenant if Landlord does not find a subtenant for the Proposed Sublet Premises and Tenant shall have no claim, of any type whatsoever, against Landlord for Landlord's failure to find a subtenant for the Proposed Sublet Premises. In the event the Proposed Sublet Premises is subleased to more that one subtenant, Landlord further agrees to maintain the common areas of the Building. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the discretion of Landlord. As Additional Rent and in accordance with Paragraph 4D of this Lease, Tenant and any subtenants shall pay their proportionate share (calculated on a square footage or other equitable basis as calculated by Landlord) of the cost of operation (including common utilities), management, maintenance, and repair of the building (including common areas such as lobbies, restrooms, janitor's closets, hallways, elevators, mechanical and telephone rooms, stairwells, entrances, spaces above the ceilings and janitorization of said common areas) in which the Proposed Sublet Premises are located. The maintenance items herein referred to include, but are not limited to, all windows, window frames, plate glass, glazing, truck doors, main plumbing systems of the building (such as water drain lines, sinks, toilets, faucets, drains, showers and water fountains), main electrical systems (such as panels and conduits), heating and air conditioning systems (such as compressors, fans, air handlers, ducts, boilers, heaters), store fronts, roofs, downspouts, building common area interiors (such as wall coverings, window coverings, floor coverings and partitioning), ceilings, building exterior doors, skylights (if any), automatic fire extinguishing systems, and elevators (if any); license, permit and inspection fees; security, salaries and employee benefits of personnel and payroll taxes applicable thereto; supplies, materials, equipment and tools; the cost of capital expenditures which have the effect of reducing operating expenses, provided, however, that in the event Landlord makes such capital improvements, Landlord may amortize its investment in said improvements (together with interest at the rate of fifteen (15%) percent per annum on the unamortized balance) as an operating expense in accordance with standard accounting practices, 1999provided, that such amortization is not at a rate greater than the anticipated savings in the operating expenses. Tenant hereby waives all rights hereunder, and benefits of, subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code and under any similar law, statute or ordinance now or hereafter in effect.

Proposed Sublet Premises. Landlord hereby acknowledges that, during the first year of at any time from the Lease TermCommencement Date to January 1, 2004, Tenant intends to sublease up to fifty sixty percent of the Leased Premises. Provided Tenant is not in default of this Lease, Landlord agrees that it will not exercise its right, as provided for in Paragraph 1916, to terminate the Lease as a result of a request by Tenant to sublease fifty sixty percent or less of the Premises to a single sublessee for a sublease term not to extend beyond July 14January 1, 19992004. In such event, Landlord agrees to issue Landlord's ’s standard consent to said sublease, subject to (a) Tenant submitting to Landlord a copy of said sublease (prior to said sublease commencing), (b) Landlord, Tenant and Subtenant thereafter executing Landlord's ’s standard Consent to Sublease agreement and (c) Landlord receives payment from Tenant of Landlord's ’s costs for processing said Sublease Consent prior to said sublease commencing. In addition to and notwithstanding anything to the contrary in Paragraph 19, Tenant shall be entitled to retain one hundred percent of any rents due Tenant from a subtenant on the Proposed Sublet Premises in excess of the Rent payable by Tenant to Landlord hereunder ("Excess Rent") during the period prior to July 15, 1999.