Common use of Tenant Remedies Clause in Contracts

Tenant Remedies. (a) Notwithstanding any contrary provision of this Lease, in the event that there is a water leak into the Tenant's server room, for a reason not caused by the acts of Tenant ("Water Leak"), Tenant shall promptly provide written notice of a Water Leak as set forth in Section 8(c) below ("Water Leak Notice"). If the Water Leak Notice is delivered to Landlord during Building Hours, Landlord shall have four (4) hours to commence curing said Water Leak and shall thereafter diligently pursue such cure to completion using commercially reasonable efforts, subject to Force Majeure Events. If the Water Leak Notice is delivered to Landlord outside of Building Hours, Landlord shall have until the next business day, but in no event longer than eight (8) hours, to commence curing said Water Leak and shall diligently pursue such cure to completion using commercially reasonable efforts, subject to Force Majeure Events. In the event that the Landlord fails to commence the cure of a Water Leak within the applicable cure commencement period as extended by Force Majeure Events, Tenant shall be entitled to undertake such commercially reasonable efforts as are reasonably necessary to cure the Water Leak. Subject to the rights of other tenants in the Building, Tenant shall have the right to enter such portions of the Building as may be reasonably required to effectuate any reasonable cure of such Water Leak, provided that (i) Tenant shall use all reasonable efforts to include the Building manager or Building personnel in connection with the entry into any portions of the Building outside of the Premises, and (ii) Tenant shall repair any damage caused by any such repair activities of Tenant and shall indemnify and hold Landlord harmless from any claims, including any related attorneys fees, by other tenants in the Building for damage to persons or property resulting from such activities of Tenant. Tenant shall be entitled to reimbursement for the sums reasonably expended by Tenant to effectuate such cure within thirty (30) days after submitting a written invoice of said sums to Landlord. If Landlord fails to reimburse Tenant within said thirty (30) days, Tenant shall be entitled to offset said sums from its Base Monthly Rental; provided that, if Landlord disputes the amount of such claim for reimbursement, Landlord shall give Tenant written notice of such dispute prior to the end of such thirty (30) day period in which event Landlord and Tenant shall meet and confer on not less than two (2) occasions (at a mutually agreeable time and place in San Francisco, California) in the ensuing sixty (60) days in an attempt to resolve such dispute and Tenant shall not offset said sums until ninety (90) days after the date of submission of such written invoice. Notwithstanding anything to the contrary contained herein, nothing contained in this subsection or elsewhere in this Lease shall be construed in any way to make Landlord liable to Tenant in any way for a Water Leak which is caused by Force Majeure Events. (b) Notwithstanding any contrary provision of this Lease, in the event that there is a failure in supply of electrical power to the Premises or a telecommunications or data interruption in the Premises, for a reason not caused by the acts of Tenant ("Communication Failure"), Tenant shall promptly provide written notice of a Communication Failure as set forth in Section 8(c) below ("Communication Failure Notice"). If the Communication Failure Notice is delivered to Landlord during Building Hours, Landlord shall have four (4) hours to commence curing said Communication Failure and shall thereafter diligently pursue such cure to completion using commercially reasonable efforts, subject to Force Majeure Events. If the Communication Failure Notice is delivered to Landlord outside of Building Hours, Landlord shall have until the next business day, but in no event longer than eight (8) hours, to commence curing said Communication Failure and shall diligently pursue such cure to completion using commercially reasonable efforts, subject to Force Majeure Events. In the event that the Landlord fails to commence the cure of a Communication Failure within the applicable cure commencement period as extended by Force Majeure Events, Tenant shall be entitled to undertake such commercially reasonable efforts as are reasonably necessary to cure the Communication Failure. Subject to the rights of other tenants in the Building, Tenant shall have the right to enter such portions of the Building as may be reasonably required to effectuate any reasonable cure of such Communication Failure, provided that (i) Tenant shall use all reasonable efforts to include the Building manager or Building personnel in connection with the entry into any portions of the Building outside of the Premises, and (ii) Tenant shall repair any damage caused by any such repair activities of Tenant and shall indemnify and hold Landlord harmless from any claims, including any related attorneys fees, by other tenants in the Building for damage to persons or property resulting from such activities of Tenant. Tenant shall be entitled to reimbursement for the sums reasonably expended by Tenant to effectuate such cure within thirty (30) days after submitting a written invoice of said sums to Landlord. If Landlord fails to reimburse Tenant within said thirty (30) days, Tenant shall be entitled to offset said sums from its Base Monthly Rental; provided that, if Landlord disputes the amount of such claim for reimbursement, Landlord shall give Tenant written notice of such dispute prior to the end of such thirty (30) day period in which event Landlord and Tenant shall meet and confer on not less than two (2) occasions (at a mutually agreeable time and place in San Francisco, California) in the ensuing sixty (60) days in an attempt to resolve such dispute and Tenant shall not offset said sums until ninety (90) days after the date of submission of such written invoice. Notwithstanding anything to the contrary contained herein, nothing contained in this subsection or elsewhere in this Lease shall be construed in any way to make Landlord liable to Tenant in any way for a Communication Failure which is caused by Force Majeure Events. (c) For purposes of Section 8, during Building Hours, Tenant shall provide written notice to the Building Manager or Building Chief Engineer and outside of Building Hours, Tenant shall provide written notice to the Building Manager, Building Chief Engineer or the Building security guard in the main lobby.

Tenant Remedies. If a Landlord Default occurs, Tenant will be entitled to exercise any one or more of the following remedies, without further notice or demand: (a) Notwithstanding offset any contrary provision Landlord Monetary Default owing from Landlord to Tenant against any Rent payable by Tenant under the Lease subject to and in accordance with the Offset Procedure (as defined below); (b) xxx for equitable relief, damages or any other available remedy, (c) cure the Landlord Default, and if Tenant does so, Landlord must reimburse Tenant within 30 days after Tenant delivers an invoice for any expenses Tenant incurred effecting compliance with Landlord’s obligations, (d) charge interest on any amount not paid when due from the due date through the date of this Leaseits payment at the Default Rate, and/or (e) exercise all other remedies available to Tenant at law or in equity (including without limitation, injunctive and other extraordinary remedies). Tenant’s remedies are cumulative and not exclusive. The term “Offset Procedure” shall refer to the event that there is a water leak into the Tenant's server room, for a reason not caused by the acts of following procedure: (1) Tenant will provide Landlord with thirty ("Water Leak"), Tenant shall promptly provide 30) days’ advance written notice of a Water Leak as set forth in Section 8(cthe Landlord Monetary Default that it intends to offset against Rent pursuant to this Paragraph 27(b); (2) below ("Water Leak Notice"). If the Water Leak Notice is delivered to Landlord during Building Hourswithin such 30-day period, Landlord shall have four may elect to contest the proposed offset by filing a claim with a court that has jurisdiction and concurrently providing written notice of such contest to Tenant (collectively, the “Landlord Contest”); (3) if Landlord does not timely complete the Landlord Contest, then Tenant may complete the Rent offset identified in its written notice to Landlord; and (4) hours if Landlord does timely complete the Landlord Contest then Tenant shall either (x) continue to commence curing said Water Leak pay all Rent due and shall thereafter diligently pursue payable under the Lease to Landlord, (y) interplead future accruing Rent, in an amount equal to the Landlord Monetary Default, with the court that is handling the Landlord Contest, or (z) pay future accruing Rent, in an amount equal to the Landlord Monetary Default, into an interest-bearing escrow account with Republic Title of Texas or other reputable escrow company, with instructions that such cure funds may not be released except pursuant to completion using commercially reasonable efforts, subject to Force Majeure Events. If the Water Leak Notice is delivered to joint instructions signed by both Landlord outside of Building Hours, Landlord shall have until the next business day, but in no event longer than eight (8) hours, to commence curing said Water Leak and shall diligently pursue such cure to completion using commercially reasonable efforts, subject to Force Majeure EventsTenant. In the event that Tenant implements the Landlord fails Offset Procedure improperly, and if it is determined that Tenant was not entitled to commence the cure such offset by a final Court order, then within five (5) days of a Water Leak within the applicable cure commencement period as extended by Force Majeure Events, such determination Tenant shall be entitled to undertake such commercially sign all reasonable efforts as instruments that are reasonably necessary to cure cause the Water Leak. Subject to the rights of other tenants in the Buildingrelease (from escrow or court registry, Tenant shall have the right to enter such portions of the Building as may be reasonably required to effectuate any reasonable cure applicable) of such Water Leak, provided that (i) Tenant shall use all reasonable efforts to include the Building manager or Building personnel in connection with the entry into any portions of the Building outside of the Premises, and (ii) Tenant shall repair any damage caused by any such repair activities of Tenant and shall indemnify and hold Landlord harmless from any claims, including any related attorneys fees, by other tenants in the Building for damage to persons or property resulting from such activities of Tenant. Tenant shall be entitled to reimbursement for the sums reasonably expended by Tenant to effectuate such cure within thirty (30) days after submitting a written invoice of said sums improperly offset funds to Landlord. If Landlord fails to reimburse Tenant within said thirty (30) days, Tenant shall be entitled to offset said sums from its Base Monthly Rental; provided that, if Landlord disputes the amount of such claim for reimbursement, Landlord shall give Tenant written notice of such dispute prior to the end of such thirty (30) day period in which event Landlord and Tenant shall meet and confer on not less than two (2) occasions (at a mutually agreeable time and place in San Francisco, California) in the ensuing sixty (60) days in an attempt to resolve such dispute and Tenant shall not offset said sums until ninety (90) days after the date of submission of such written invoice. Notwithstanding anything to the contrary contained herein, nothing contained in this subsection or elsewhere in this Lease shall be construed in any way to make Landlord liable to Tenant in any way for a Water Leak which is caused by Force Majeure Events. (b) Notwithstanding any contrary provision of this Lease, in the event that there is a failure in supply of electrical power to the Premises or a telecommunications or data interruption in the Premises, for a reason not caused by the acts of Tenant ("Communication Failure"), Tenant shall promptly provide written notice of a Communication Failure as set forth in Section 8(c) below ("Communication Failure Notice"). If the Communication Failure Notice is delivered to Landlord during Building Hours, Landlord shall have four (4) hours to commence curing said Communication Failure and shall thereafter diligently pursue such cure to completion using commercially reasonable efforts, subject to Force Majeure Events. If the Communication Failure Notice is delivered to Landlord outside of Building Hours, Landlord shall have until the next business day, but in no event longer than eight (8) hours, to commence curing said Communication Failure and shall diligently pursue such cure to completion using commercially reasonable efforts, subject to Force Majeure Events. In the event that the Landlord fails to commence the cure of a Communication Failure within the applicable cure commencement period as extended by Force Majeure Events, Tenant shall be entitled to undertake such commercially reasonable efforts as are reasonably necessary to cure the Communication Failure. Subject to the rights of other tenants in the Building, Tenant shall have the right to enter such portions of the Building as may be reasonably required to effectuate any reasonable cure of such Communication Failure, provided that (i) Tenant shall use all reasonable efforts to include the Building manager or Building personnel in connection with the entry into any portions of the Building outside of the Premises, and (ii) Tenant shall repair any damage caused by any such repair activities of Tenant and shall indemnify and hold Landlord harmless from any claims, including any related attorneys fees, by other tenants in the Building for damage to persons or property resulting from such activities of Tenant. Tenant shall be entitled to reimbursement for the sums reasonably expended by Tenant to effectuate such cure within thirty (30) days after submitting a written invoice of said sums to Landlord. If Landlord fails to reimburse Tenant within said thirty (30) days, Tenant shall be entitled to offset said sums from its Base Monthly Rental; provided that, if Landlord disputes the amount of such claim for reimbursement, Landlord shall give Tenant written notice of such dispute prior to the end of such thirty (30) day period in which event Landlord and Tenant shall meet and confer on not less than two (2) occasions (at a mutually agreeable time and place in San Francisco, California) in the ensuing sixty (60) days in an attempt to resolve such dispute and Tenant shall not offset said sums until ninety (90) days after the date of submission of such written invoice. Notwithstanding anything to the contrary contained herein, nothing contained in this subsection or elsewhere in this Lease shall be construed in any way to make Landlord liable to Tenant in any way for a Communication Failure which is caused by Force Majeure Events. (c) For purposes of Section 8, during Building Hours, Tenant shall provide written notice to the Building Manager or Building Chief Engineer and outside of Building Hours, Tenant shall provide written notice to the Building Manager, Building Chief Engineer or the Building security guard in the main lobby.

Tenant Remedies. (a) Notwithstanding Landlord shall be in default under this Lease if Landlord fails to perform any contrary provision of its repair and/or maintenance obligations under this Lease, in the event that there is a water leak into the Tenant's server room, Lease and such failure continues for a reason not caused by the acts of Tenant more than thirty ("Water Leak"), Tenant shall promptly provide 30) days after written notice thereof from Tenant to Landlord specifying the particulars of such failure (or if such failure cannot reasonably be rectified or cured within such thirty (30) day period, then such failure shall be deemed to be rectified or cured if Landlord, within such thirty (30) day period, shall have commenced such cure and shall continue thereafter with due diligence to cause such cure to be completed). (i) If a Water Leak as Landlord default occurs beyond any applicable notice and cure period set forth in Section 8(c6.4(a) below above and such failure materially impairs Tenant’s use and enjoyment of the Premises ("Water Leak Notice"a “Landlord Failure”). If , Tenant, as Tenant’s sole remedy, may thereafter give Landlord and Landlord’s Mortgagee(s) a ten (10) Business Day written notice stating Tenant intends to exercise Tenant’s self-help right which notice must state in bold print in 12 font or larger “SECOND AND FINAL REQUEST” at the Water Leak Notice is delivered to top of the first page of the written notice and if Landlord during Building Hours, Landlord shall have four (4) hours and/or Landlord’s Mortgagee fail to commence curing said Water Leak to cure such Landlord Failure during such ten (10) Business Day period and shall thereafter diligently pursue such cure to completion using commercially reasonable efforts, subject to Force Majeure Events. If the Water Leak Notice is delivered to Landlord outside of Building Hours, Landlord shall have until the next business day, but in no event longer than eight (8) hours, to commence curing said Water Leak and shall diligently pursue such cure to completion using commercially reasonable efforts, subject to Force Majeure Events. In the event that the Landlord fails to commence the cure of a Water Leak within the applicable cure commencement period as extended by Force Majeure Events, Tenant shall be entitled to undertake such commercially reasonable efforts as are reasonably necessary to cure the Water Leak. Subject to the rights of other tenants in the Buildingcompletion, Tenant shall have the right to enter proceed to cure such portions of Landlord Failure and deliver an invoice to Landlord for the Building as may be reasonably required reasonable and actual out-of-pocket costs and expenses incurred by Tenant therefor. Landlord shall pay to effectuate any reasonable cure Tenant the amount of such Water Leak, provided that (i) Tenant shall use all reasonable efforts to include the Building manager or Building personnel in connection with the entry into any portions of the Building outside of the Premises, and (ii) Tenant shall repair any damage caused by any such repair activities of Tenant and shall indemnify and hold Landlord harmless from any claims, including any related attorneys fees, by other tenants in the Building for damage to persons or property resulting from such activities of Tenant. Tenant shall be entitled to reimbursement for the sums reasonably expended by Tenant to effectuate such cure invoice within thirty (30) days after submitting a written invoice of said sums to Landlorddelivery by Tenant. If Landlord fails to reimburse Tenant within said thirty (30) daystimely pay such invoice, Tenant such unpaid amount shall be entitled to offset said sums from its Base Monthly Rental; provided thataccrue interest at the Interest Rate until paid. In addition, if Landlord disputes the amount of such claim for reimbursement, Landlord shall give Tenant written notice of such dispute prior to the end of such thirty (30) day period in which event Landlord and Tenant shall meet and confer on not less than two (2) occasions (at a mutually agreeable time and place in San Francisco, California) in the ensuing sixty (60) days in an attempt to resolve such dispute and Tenant shall not offset said sums until ninety (90) days after the date of submission of such written invoice. Notwithstanding anything to the contrary contained herein, nothing contained in this subsection or elsewhere in this Lease shall be construed in any way to make Landlord liable to Tenant in any way for a Water Leak which is caused by Force Majeure Events. (b) Notwithstanding any contrary provision of this Lease, in the event that there is a failure in supply of electrical power to the Premises or a telecommunications or data interruption in the Premises, for a reason not caused by the acts of Tenant ("Communication Failure"), Tenant shall promptly provide written notice of a Communication Failure as set forth in Section 8(c) below ("Communication Failure Notice"). If the Communication Failure Notice is delivered to Landlord during Building Hours, Landlord shall have four (4) hours to commence curing said Communication Failure and shall thereafter diligently pursue such cure to completion using commercially reasonable efforts, subject to Force Majeure Events. If the Communication Failure Notice is delivered to Landlord outside of Building Hours, Landlord shall have until the next business day, but in no event longer than eight (8) hours, to commence curing said Communication Failure and shall diligently pursue such cure to completion using commercially reasonable efforts, subject to Force Majeure Events. In the event that the Landlord fails to commence the cure of a Communication Failure within the applicable cure commencement period timely pay such invoice, Tenant, as extended by Force Majeure EventsTenant’s sole remedy, Tenant shall be entitled to undertake such commercially reasonable efforts as are reasonably necessary to cure the Communication Failure. Subject to the rights of other tenants in the Building, Tenant shall have the right to enter offset (“Self-Help Offset Right”) the amount of such portions invoice (plus interest as provided above) against Fixed Rent, Tenant’s Operating Payment and Tenant’s Tax Payment due from time to time under this Lease; provided, however, in no event shall Tenant deduct an amount in excess of twenty-five percent (25%) of the Building as may be reasonably required to effectuate Fixed Rent, Tenant’s Operating Payment and Tenant’s Tax Payment due for any reasonable cure applicable month. The amount of such Communication Failureinvoice, provided that when paid by Landlord (i) or offset as aforesaid), shall be included within Operating Expenses, to the extent such costs and expenses are included within the definition of Operating Expenses. If Tenant proceeds to cure such Landlord Failure and such cure will affect the Base Building Systems, any Building warranty and/or the Building structure, Tenant shall use all reasonable efforts to include the Building manager or Building personnel in connection with the entry into any portions only those contractors designated by Landlord for such work (provided that Landlord so designates such contractors within five (5) business days of the Building outside of the Premises, and (ii) Tenant’s request therefor). Tenant shall repair any damage caused by any such repair activities of Tenant and shall indemnify indemnify, defend, protect and hold Landlord harmless from and against any claimsand all Losses incurred by Landlord to the extent arising as a result of Tenant’s performance of any such cure, including any related attorneys feesincluding, without limitation, claims made by other tenants occupants of the Building that Tenant’s performance of such work interfered with their occupancy of space in the Building for damage to persons or property resulting from such activities of TenantBuilding. The foregoing notwithstanding, if Tenant shall be entitled to reimbursement has not been fully reimbursed for the sums reasonably expended by Tenant to effectuate such cure within thirty (30) days after submitting a written invoice of said sums to Landlord. If offset amounts, Landlord fails will have right to reimburse Tenant within said thirty (30) daysfor the offset amounts or any portion thereof by paying Tenant the unapplied offset amounts. If Tenant exercises Tenant’s Self-Help Offset Right, Tenant shall be entitled to offset said sums from its Base Monthly Rental; provided that, if notify Landlord disputes the amount of such claim for reimbursement, Landlord shall give Tenant written notice of such dispute exercise (including the offset amount) in writing within five (5) Business Days prior to the end of such thirty (30) day period in which event Landlord and Tenant shall meet and confer on not less than two (2) occasions (at a mutually agreeable time and place in San Francisco, California) in the ensuing sixty (60) days in an attempt to resolve such dispute and Tenant shall not offset said sums until ninety (90) days after the date of submission of such written invoice. Notwithstanding anything to the contrary contained herein, nothing contained in this subsection or elsewhere in this Lease shall be construed in any way to make Landlord liable to Tenant in any way for a Communication Failure which is caused by Force Majeure Eventsexercise. (cii) For purposes of If Tenant exercises Tenant’s self-help right set forth in Section 8, during Building Hours6.4(b)(i), Tenant shall provide written notice to (A) proceed in accordance with the Building Manager or Building Chief Engineer applicable provisions of this Section 6.4(b) and outside of Building Hoursall applicable Requirements and Rules and Regulations; (B) use only such contractors, Tenant shall provide written notice to the Building Managersuppliers, Building Chief Engineer or the Building security guard etc. as are duly licensed in the main lobbyCommonwealth of Virginia and insured to effect such repairs and who perform such repairs in first class buildings in the normal course of their business; (C) use new materials; and (D) make reasonable efforts to minimize any material interference or impact on the other tenants and occupants of the Building. (iii) Tenant’s rights under this Section 6.4(b) shall terminate if at any time the Area of the Premises is less than 50,000 rentable square feet. (iv) In the event of a casualty or a Taking, Tenant’s rights under this Section 6.4(b) shall not apply.

Tenant Remedies. (a) Notwithstanding any contrary provision of this Lease, in Except to the event that there is a water leak into the Tenant's server room, for a reason not caused by the acts of Tenant ("Water Leak")extent specifically provided herein, Tenant shall promptly provide written notice of a Water Leak as set forth in Section 8(c) below ("Water Leak Notice"). If the Water Leak Notice is delivered to Landlord during Building Hours, Landlord shall have four (4) hours to commence curing said Water Leak and shall thereafter diligently pursue such cure to completion using commercially reasonable efforts, subject to Force Majeure Events. If the Water Leak Notice is delivered to Landlord outside of Building Hours, Landlord shall have until the next business day, but in no event longer than eight (8) hours, to commence curing said Water Leak and shall diligently pursue such cure to completion using commercially reasonable efforts, subject to Force Majeure Events. In the event that the Landlord fails to commence the cure of a Water Leak within the applicable cure commencement period as extended by Force Majeure Events, Tenant shall be entitled to undertake such commercially reasonable efforts as are reasonably necessary to cure the Water Leak. Subject to the rights of other tenants in the Building, Tenant shall not have the right to enter such portions an abatement of rent or to terminate this Lease as a result of Landlord's default as to any covenant or agreement contained in this Lease or as a result of the Building as may be reasonably required to effectuate breach of any reasonable cure promise or inducement in connection herewith, whether in this Lease or elsewhere and Tenant hereby waives such remedies of such Water Leak, provided abatement of rent and termination. Tenant hereby agrees that (i) Tenant shall use all reasonable efforts to include the Building manager Tenant's remedies for default hereunder or Building personnel in any way arising in connection with the entry into any portions of the Building outside of the Premises, and (ii) Tenant shall repair any damage caused by any such repair activities of Tenant and shall indemnify and hold Landlord harmless from any claims, this Lease including any related attorneys feesbreach of any promise or inducement or warranty, by other tenants in the Building for damage to persons express or property resulting from such activities of Tenant. Tenant implied, shall be entitled limited to reimbursement suit for direct and proximate damages AND INJUNCTIVE RELIEF provided that Tenant has given the sums reasonably expended by Tenant to effectuate such cure within thirty (30) days after submitting a written invoice of said sums to Landlord. If Landlord fails to reimburse Tenant within said thirty (30) days, Tenant shall be entitled to offset said sums from its Base Monthly Rental; provided that, if Landlord disputes the amount of such claim for reimbursement, Landlord shall give Tenant written notice of such dispute prior to the end of such thirty (30) day period in which event Landlord and Tenant shall meet and confer on not less than two (2) occasions (at a mutually agreeable time and place in San Francisco, California) in the ensuing sixty (60) days in an attempt to resolve such dispute and Tenant shall not offset said sums until ninety (90) days after the date of submission of such written invoicenotices as hereinafter required. Notwithstanding anything to the contrary contained herein, nothing contained in this subsection or elsewhere in Lease, the liability of Landlord to Tenant for any default by Landlord under the terms of this Lease shall be construed in any way limited to make the interest of Landlord liable to Tenant in any way for a Water Leak which is caused by Force Majeure Events. (b) Notwithstanding any contrary provision of this Lease, in the event Building and the Property and Tenant agrees to look solely to Landlord's interest in the Building and the Property for the recovery of any judgment against the Landlord, it being intended that there is a failure in supply of electrical power Landlord shall not be personally liable for any judgment or deficiency. Tenant hereby covenants that, prior to the filing of any suit for direct and proximate damages, it shall give Landlord and all mortgagees whom Tenant has been notified hold mortgages or deed of trust liens on the Property, Building or Premises or a telecommunications or data interruption in the Premises, for a reason not caused by the acts of Tenant ("Communication FailureLandlord's mortgagees")) notice and reasonable time to cure any alleged default by Landlord. Notwithstanding the foregoing, Tenant shall promptly provide written notice of a Communication Failure as set forth in Section 8(c) below ("Communication Failure Notice"). If the Communication Failure Notice is delivered to Landlord during Building Hours, Landlord shall have four (4) hours to commence curing said Communication Failure and shall thereafter diligently pursue bring such cure to completion using commercially reasonable efforts, subject to Force Majeure Events. If the Communication Failure Notice is delivered to Landlord outside of Building Hours, Landlord shall have until the next business day, but in no event longer than eight (8) hours, to commence curing said Communication Failure and shall diligently pursue such cure to completion using commercially reasonable efforts, subject to Force Majeure Events. In the event that the Landlord fails to commence the cure of a Communication Failure suit within the applicable cure commencement period as extended by Force Majeure Events, Tenant shall be entitled to undertake such commercially reasonable efforts as are reasonably necessary to cure the Communication Failure. Subject to the rights of other tenants in the Building, Tenant shall have the right to enter such portions six months of the Building as may be reasonably required Landlord's default hereunder, unless agreed by the parties hereto to effectuate any reasonable cure of extend such Communication Failure, provided that (i) Tenant shall use all reasonable efforts time in writing. Tenant's failure to include the Building manager or Building personnel in connection with the entry into any portions of the Building outside of the Premises, and (ii) Tenant shall repair any damage caused by any assert such repair activities of Tenant and shall indemnify and hold Landlord harmless from any claims, including any related attorneys fees, by other tenants in the Building for damage to persons or property resulting from such activities of Tenant. Tenant shall be entitled to reimbursement for the sums reasonably expended by Tenant to effectuate such cure rights within thirty (30) days after submitting a written invoice of said sums to Landlord. If Landlord fails to reimburse Tenant within said thirty (30) days, Tenant shall be entitled to offset said sums from its Base Monthly Rental; provided that, if Landlord disputes the amount of such claim for reimbursement, Landlord shall give Tenant written notice of such dispute prior to the end of such thirty (30) day period in which event Landlord and Tenant shall meet and confer on not less than two (2) occasions (at a mutually agreeable time and place in San Francisco, California) in the ensuing sixty (60) days in an attempt to resolve such dispute and Tenant shall not offset said sums until ninety (90) days after the date of submission of such written invoice. Notwithstanding anything to the contrary contained herein, nothing contained in this subsection or elsewhere in this Lease six months shall be construed in any way to make Landlord liable to Tenant in any way for as a Communication Failure which is caused by Force Majeure Eventswaiver of Tenant's remedies herein. (c) For purposes of Section 8, during Building Hours, Tenant shall provide written notice to the Building Manager or Building Chief Engineer and outside of Building Hours, Tenant shall provide written notice to the Building Manager, Building Chief Engineer or the Building security guard in the main lobby.

Tenant Remedies. (a) Notwithstanding any contrary provision If a Landlord Event of this Lease, in the event that there is a water leak into the Tenant's server room, for a reason not caused by the acts of Tenant ("Water Leak"), Tenant shall promptly provide written notice of a Water Leak as set forth in Section 8(c) below ("Water Leak Notice"). If the Water Leak Notice is delivered to Landlord during Building Hours, Landlord shall have four (4) hours to commence curing said Water Leak and shall thereafter diligently pursue such cure to completion using commercially reasonable efforts, subject to Force Majeure Events. If the Water Leak Notice is delivered to Landlord outside of Building Hours, Landlord shall have until the next business day, but in no event longer than eight (8) hours, to commence curing said Water Leak and shall diligently pursue such cure to completion using commercially reasonable efforts, subject to Force Majeure Events. In the event that the Landlord fails to commence the cure of a Water Leak within the applicable cure commencement period as extended by Force Majeure Events, Tenant shall be entitled to undertake such commercially reasonable efforts as are reasonably necessary to cure the Water Leak. Subject to the rights of other tenants in the BuildingDefault has occurred, Tenant shall have the right to enter such portions of the Building as may be reasonably required to effectuate any reasonable cure of such Water Leak, provided that following remedies: (i) Tenant terminate this Sublease by delivering notice to Landlord, and upon the date set forth in such notice, this Sublease shall use all reasonable efforts to include the Building manager or Building personnel in connection terminate on such date as fully and completely and with the entry into any portions same effect as if such date were the date set herein for the expiration of the Building outside Term, all obligations of Landlord and Tenant hereunder shall terminate, except for those that expressly survive termination, including surrender of the Premises, Property and Rent shall be apportioned as of such date and Landlord shall promptly refund to Tenant any Rent previously paid that is allocable to the period subsequent to such termination; (ii) cure such Landlord Event of Default for the account of Landlord, without waiving any claim for direct damages incurred by Tenant shall repair by virtue of such Event of Default, and any damage caused amount reasonably paid by any such repair activities of Tenant and shall indemnify and hold Landlord harmless from any claims, including any related attorneys fees, by other tenants in the Building for damage to persons or property resulting from such activities of Tenant. Tenant so doing shall be entitled to reimbursement deemed paid or incurred for the sums reasonably expended by Tenant to effectuate such cure within thirty (30) days after submitting a written invoice account of said sums to Landlord. If , and Landlord fails agrees to reimburse Tenant the undisputed amount thereof within said thirty (30) days, Tenant shall be entitled to offset said sums from its Base Monthly Rental; provided that, if Landlord disputes the amount of such claim for reimbursement, Landlord shall give Tenant written notice of such dispute prior to the end of such thirty (30) day period in which event Landlord and Tenant shall meet and confer on not less than two (2) occasions (at a mutually agreeable time and place in San Francisco, California) in the ensuing sixty (60) days following Tenant’s written demand with detailed substantiations of all amounts; or (iii) enforce Landlord's obligations hereunder by (a) an action for specific performance; (b) an action for injunctive relief; (c) an action for mandamus; and/or (d) an action for declaratory judgment. Tenant may remedy any Landlord failure to perform prior to the expiration of the period within which Landlord may cure such failure if in an attempt its notice to resolve Landlord of the Landlord Event of Default Tenant described that the cure of such dispute and failure prior to the expiration of said cure period is reasonably necessary to protect the Property or to prevent injury to persons, or to permit Tenant to conduct its usual business operations on the Property; provided, however, Tenant shall not offset said sums until ninety (90) days after notify Landlord of its intention to commence to cure such failure during the date cure period and set forth therein Tenant's good faith estimate of submission of such written invoicethe cost, expense and fees and time required for the cure. Notwithstanding anything to the contrary contained herein, nothing contained Nothing in this subsection Article 17 shall be deemed to modify, amend or elsewhere limit other Tenant remedies that expressly are provided in this Lease shall be construed in any way to make Landlord liable to Tenant in any way for a Water Leak which is caused by Force Majeure EventsSublease, including, without limitation, all termination, reimbursement and offset rights. (b) Notwithstanding any contrary provision of this Lease, in the event that there is a failure in supply of electrical power anything herein to the Premises or a telecommunications or data interruption in the Premises, for a reason not caused by the acts of Tenant ("Communication Failure"), Tenant shall promptly provide written notice of a Communication Failure as set forth in Section 8(c) below ("Communication Failure Notice"). If the Communication Failure Notice is delivered to Landlord during Building Hourscontrary, Landlord shall have four (4) hours to commence curing said Communication Failure is not and shall thereafter diligently pursue such cure not be liable for any claims for damage to completion using commercially reasonable effortsthe Property or damage to property or injuries to persons in, subject on or about the Property or elsewhere occurring during the Term. This limitation on liability shall apply without limitation to Force Majeure Events. If the Communication Failure Notice is delivered to Landlord outside of Building Hoursclaims by Tenant, Landlord shall have until the next business dayits lenders, but affiliates, contractors, agents and representatives and its and their employees, agents, invitees, licensees, customers, guests, or related entities and successors or permitted assigns; and furthermore in no event longer than eight (8) hours, shall Landlord have any liability to commence curing said Communication Failure and shall diligently pursue Tenant or such cure to completion using commercially reasonable efforts, subject to Force Majeure Events. In the event that the Landlord fails to commence the cure of a Communication Failure within the applicable cure commencement period as extended by Force Majeure Events, Tenant shall be entitled to undertake such commercially reasonable efforts as are reasonably necessary to cure the Communication Failure. Subject to the rights of other tenants in the Building, Tenant shall have the right to enter such portions of the Building as may be reasonably required to effectuate any reasonable cure of such Communication Failure, provided that (i) Tenant shall use all reasonable efforts to include the Building manager or Building personnel in connection with the entry into any portions of the Building outside of the Premises, and (ii) Tenant shall repair any damage caused by any such repair activities of Tenant and shall indemnify and hold Landlord harmless from any claims, including any related attorneys fees, by other tenants in the Building for damage to persons or property resulting from such activities entities on account of Tenant. Tenant shall be entitled to reimbursement any consequential, incidental, special, punitive, exemplary or any other indirect damages, whether in contract, tort (including negligence and strict liability) or under any other legal or equitable principles whatsoever, or for the sums reasonably expended by Tenant to effectuate such cure within thirty (30) days after submitting a written invoice any loss of said sums to Landlord. If Landlord fails to reimburse Tenant within said thirty (30) daysprofits, Tenant shall be entitled to offset said sums from its Base Monthly Rental; provided thatopportunity, if Landlord disputes the amount of such claim for reimbursement, Landlord shall give Tenant written notice of such dispute prior to the end of such thirty (30) day period in which event Landlord and Tenant shall meet and confer on not less than two (2) occasions (at a mutually agreeable time and place in San Francisco, California) in the ensuing sixty (60) days in an attempt to resolve such dispute and Tenant shall not offset said sums until ninety (90) days after the date of submission of such written invoice. Notwithstanding anything to the contrary contained herein, nothing contained in this subsection reputation or elsewhere in this Lease shall be construed in any way to make Landlord liable to Tenant in any way for a Communication Failure which is caused by Force Majeure Eventsrevenue. (c) For purposes of Section 8, during Building Hours, Tenant shall provide written notice to the Building Manager or Building Chief Engineer and outside of Building Hours, Tenant shall provide written notice to the Building Manager, Building Chief Engineer or the Building security guard in the main lobby.

Tenant Remedies. Except to the extent specifically provided herein, Tenant shall not have the right to an abatement of rent or to terminate this Lease as a result of Landlord's default as to any covenant or agreement contained in this Lease or as a result of the breach of any promise or inducement in connection herewith, whether in this Lease or elsewhere and Tenant hereby waives such remedies of abatement of rent and termination. Tenant hereby agrees that Tenant's remedies for default hereunder or in any way arising in connection with this Lease including any breach of any promise or inducement or warranty, express or implied, shall be limited to: (a) A suit for direct and proximate damages provided that Tenant has given the notices as hereinafter required. Notwithstanding any anything to the contrary provision of contained in this Lease, the liability of Landlord to Tenant for any default by Landlord under the terms of this Lease shall be limited to the interest of Landlord in the event Building and the Property and Tenant agrees to look solely to Landlord's interest in the Building and the Property for the recovery of any judgment against the Landlord, it being intended that there is a water leak into Landlord shall not be personally liable for any judgment or deficiency. Tenant hereby covenants that, prior to the Tenant's server roomfiling of any suit for direct and proximate damages, for a reason not caused by it shall give Landlord and all mortgagees whom Tenant has been notified hold mortgages or deed of trust liens on the acts of Tenant Property, Building or Premises ("Water LeakLANDLORD'S MORTGAGEES"), Tenant shall promptly provide written ) notice of a Water Leak as set forth in Section 8(cand reasonable time to cure any alleged default by Landlord. (b) below ("Water Leak Notice"). If the Water Leak Notice is delivered to Landlord during Building Hours, Landlord shall have four (4) hours to commence curing said Water Leak and shall thereafter diligently pursue such cure to completion using commercially reasonable efforts, subject to Force Majeure Events. If the Water Leak Notice is delivered to Landlord outside of Building Hours, Landlord shall have until the next business day, but in no event longer than eight (8) hours, to commence curing said Water Leak and shall diligently pursue such cure to completion using commercially reasonable efforts, subject to Force Majeure Events. In the event that the Landlord fails to commence the cure of a Water Leak material default of any material covenant or agreement contained in this Lease within the applicable cure commencement period as extended by Force Majeure Events, Tenant shall be entitled to undertake such commercially reasonable efforts as are reasonably necessary to cure the Water Leak. Subject to the rights of other tenants in the Building, Tenant shall have the right to enter such portions of the Building as may be reasonably required to effectuate any reasonable cure of such Water Leak, provided that (i) Tenant shall use all reasonable efforts to include the Building manager or Building personnel in connection with the entry into any portions of the Building outside of the Premises, and (ii) Tenant shall repair any damage caused by any such repair activities of Tenant and shall indemnify and hold Landlord harmless from any claims, including any related attorneys fees, by other tenants in the Building for damage to persons or property resulting from such activities of Tenant. Tenant shall be entitled to reimbursement for the sums reasonably expended by Tenant to effectuate such cure within thirty (30) days after submitting a written invoice of said sums to Landlord. If Landlord fails to reimburse Tenant within said thirty (30) days, Tenant shall be entitled to offset said sums from its Base Monthly Rental; provided that, if Landlord disputes the amount of such claim for reimbursement, Landlord shall give Tenant written notice of such dispute prior to the end of such thirty (30) day period in which event Landlord and Tenant shall meet and confer on not less than two (2) occasions (at a mutually agreeable time and place in San Francisco, California) in the ensuing sixty (60) days in an attempt to resolve following receipt of notice specifying such dispute alleged default from Tenant by both Landlord and Tenant shall not offset said sums until ninety (90) days after Landlord's mortgagees, equitable abatement of the date of submission of such written invoice. Notwithstanding anything Base Rental and other rent due hereunder to the contrary contained herein, nothing contained in this subsection or elsewhere in this Lease shall be construed in extent reasonably necessary to adjust for any way inconvenience occasioned by Landlord's failure to make Landlord liable to Tenant in any way for a Water Leak which is caused by Force Majeure Events. (b) Notwithstanding any contrary provision of this Lease, in the event that there is a failure in supply of electrical power to the Premises or a telecommunications or data interruption in the Premises, for a reason not caused by the acts of Tenant ("Communication Failure"), Tenant shall promptly provide written notice of a Communication Failure as set forth in Section 8(c) below ("Communication Failure Notice"). If the Communication Failure Notice is delivered to Landlord during Building Hours, Landlord shall have four (4) hours to commence curing said Communication Failure and shall thereafter diligently pursue such cure to completion using commercially reasonable efforts, subject to Force Majeure Events. If the Communication Failure Notice is delivered to Landlord outside of Building Hours, Landlord shall have until the next business day, but in no event longer than eight (8) hours, to commence curing said Communication Failure and shall diligently pursue such cure to completion using commercially reasonable efforts, subject to Force Majeure Events. In the event that the Landlord fails to theretofore commence the cure of a Communication Failure within the applicable cure commencement period as extended by Force Majeure Events, Tenant shall be entitled to undertake such commercially reasonable efforts as are reasonably necessary to cure the Communication Failuredefault. Subject to the rights of other tenants in the Building, Tenant shall have the right to enter such portions of the Building as may be reasonably required to effectuate any reasonable cure of such Communication Failure, provided that (i) Tenant shall use all reasonable efforts to include the Building manager or Building personnel in connection with the entry into any portions of the Building outside of the Premises, and (ii) Tenant shall repair any damage caused by any such repair activities of Tenant and shall indemnify and hold Landlord harmless from any claims, including any related attorneys fees, by other tenants in the Building for damage to persons or property resulting from such activities of Tenant. Tenant shall be entitled to reimbursement for the sums reasonably expended by Tenant to effectuate such cure within thirty (30) days after submitting a written invoice of said sums to Landlord. If Landlord fails to reimburse Tenant within said thirty (30) days, Tenant shall be entitled to offset said sums from its Base Monthly Rental; provided that, if Landlord disputes the amount of such claim for reimbursement, Landlord shall give Tenant written notice of such dispute prior to the end of such thirty (30) day period in which event Landlord and Tenant shall meet and confer on not less than two (2) occasions (at a mutually agreeable time and place in San Francisco, California) in the ensuing sixty (60) days in an attempt to resolve such dispute and Tenant shall not offset said sums until ninety (90) days after the date of submission of such written invoice. Notwithstanding anything to the contrary contained herein, nothing contained in this subsection or elsewhere in this Lease shall be construed in any way to make Landlord liable to Tenant in any way for a Communication Failure which is caused by Force Majeure Events. (c) For purposes of Section 8, during Building Hours, Tenant shall provide written notice to the Building Manager or Building Chief Engineer and outside of Building Hours, Tenant shall provide written notice to the Building Manager, Building Chief Engineer or the Building security guard in the main lobby.EXHIBIT 10.6

Tenant Remedies. (a) Notwithstanding any contrary provision of this Lease, in After the event that there is a water leak into the Tenant's server room, for a reason not caused by the acts of Tenant ("Water Leak"), Tenant shall promptly provide written notice occurrence of a Water Leak as set forth in Section 8(c) below Landlord Default ("Water Leak Notice"). If and the Water Leak Notice is delivered to Landlord during Building Hours, Landlord shall have four (4) hours to commence curing said Water Leak and shall thereafter diligently pursue such cure to completion using commercially reasonable efforts, subject to Force Majeure Events. If the Water Leak Notice is delivered to Landlord outside expiration of Building Hours, Landlord shall have until the next business day, but in no event longer than eight (8) hours, to commence curing said Water Leak and shall diligently pursue such cure to completion using commercially reasonable efforts, subject to Force Majeure Events. In the event that the Landlord fails to commence the cure of a Water Leak within the applicable grace or cure commencement period as extended by Force Majeure Events, Tenant shall be entitled to undertake such commercially reasonable efforts as are reasonably necessary to cure the Water Leak. Subject to the rights of other tenants in the Buildingperiod), Tenant shall have the right to enter such portions following remedies as its sole and exclusive remedies: (a) Tenant may institute a lawsuit for the collection of the Building as any amounts or damages which may be reasonably due and payable by Landlord to Tenant hereunder for which Landlord may be in default, or (to the extent available under applicable law and principles of equity) for specific performance by Landlord of (or an injunction to enjoin Landlord to perform) its obligations hereunder, and if as a result of any such lawsuit Tenant is awarded damages against Landlord, Tenant may deduct and set off the amount of any such final, unappealable award (and interest thereon at the legal "judgment rate" from the date of entry of such judgment order) from and against the next succeeding installment payments of Fixed Rent coming due and payable by Tenant to Landlord hereunder, provided, however, that in no event shall the amount actually paid by Tenant to Landlord for and on account of Fixed Rent in any month be reduced to less than the total amount of all debt service payments required to effectuate any reasonable cure be paid by Landlord in such month to Secured Lenders on account of such Water Leak, provided that Secured Loans; (ib) Tenant shall use all reasonable efforts to include the Building manager or Building personnel in connection with the entry into may, at its option but without obligation, without waiving any portions of the Building outside of the Premises, and (ii) Tenant shall repair any damage caused by any such repair activities of Tenant and shall indemnify and hold Landlord harmless from any claims, including any related attorneys fees, by other tenants in the Building claim for damage to persons or property damages resulting from such activities Landlord Default, at any time after giving Landlord at least ten days' prior notice of Tenant. its intention to do so, cause such Landlord Default to be cured for the account of Landlord, and any amount paid or any contractual liability incurred by Tenant in so doing shall be entitled to reimbursement deemed paid or incurred for the sums reasonably expended by account of Landlord, and Landlord agrees to reimburse Tenant to effectuate such cure within thirty (30) days after submitting a written invoice of said sums to Landlordtherefor on demand. If Landlord fails to reimburse Tenant upon demand for any amount so paid for the account of Landlord under this SECTION 48.2(b) within said thirty fifteen (3015) days, days after receipt from Tenant shall be entitled to offset said sums from its Base Monthly Rental; provided that, if Landlord disputes the amount of such claim for reimbursement, Landlord shall give Tenant written notice of claim for such dispute prior to reimbursement together with such copies of bills, invoices, or other supporting documentation as Landlord may reasonably request, said amount shall accrue interest at the end rate of such thirty eight percent (308%) day period in which event Landlord per annum and may be deducted and set off by Tenant shall meet from and confer on not less than two (2) occasions (at a mutually agreeable time against the next or succeeding installment payments of Fixed Rent coming due and place in San Francisco, California) in the ensuing sixty (60) days in an attempt to resolve such dispute and payable by Tenant shall not offset said sums until ninety (90) days after the date of submission of such written invoice. Notwithstanding anything to the contrary contained herein, nothing contained in this subsection or elsewhere in this Lease shall be construed in any way to make Landlord liable to Tenant in any way for a Water Leak which is caused by Force Majeure Events. (b) Notwithstanding any contrary provision of this Lease, in the event that there is a failure in supply of electrical power to the Premises or a telecommunications or data interruption in the Premises, for a reason not caused by the acts of Tenant ("Communication Failure"), Tenant shall promptly provide written notice of a Communication Failure as set forth in Section 8(c) below ("Communication Failure Notice"). If the Communication Failure Notice is delivered to Landlord during Building Hourshereunder; provided, Landlord shall have four (4) hours to commence curing said Communication Failure and shall thereafter diligently pursue such cure to completion using commercially reasonable effortshowever, subject to Force Majeure Events. If the Communication Failure Notice is delivered to Landlord outside of Building Hours, Landlord shall have until the next business day, but that in no event longer than eight (8) hours, to commence curing said Communication Failure and shall diligently pursue such cure to completion using commercially reasonable efforts, subject to Force Majeure Events. In the event that the Landlord fails to commence the cure of a Communication Failure within the applicable cure commencement period as extended by Force Majeure Events, Tenant shall be entitled to undertake such commercially reasonable efforts as are reasonably necessary to cure the Communication Failure. Subject to the rights of other tenants in the Building, Tenant shall have the right to enter such portions of the Building as may be reasonably required to effectuate any reasonable cure of such Communication Failure, provided that (i) Tenant shall use all reasonable efforts to include the Building manager or Building personnel in connection with the entry into any portions of the Building outside of the Premises, and (ii) Tenant shall repair any damage caused by any such repair activities of Tenant and shall indemnify and hold Landlord harmless from any claims, including any related attorneys fees, by other tenants in the Building for damage to persons or property resulting from such activities of Tenant. Tenant shall be entitled to reimbursement for the sums reasonably expended amount actually paid by Tenant to effectuate such cure within thirty (30) days after submitting a written invoice Landlord for and on account of said sums Fixed Rent in any month be reduced to Landlord. If Landlord fails to reimburse Tenant within said thirty (30) days, Tenant shall be entitled to offset said sums from its Base Monthly Rental; provided that, if Landlord disputes less than the total amount of all debt service payments required to be paid by Landlord in such claim for reimbursement, Landlord shall give Tenant written notice month to Secured Lenders on account of such dispute prior to the end of such thirty (30) day period in which event Landlord and Tenant shall meet and confer on not less than two (2) occasions (at a mutually agreeable time and place in San Francisco, California) in the ensuing sixty (60) days in an attempt to resolve such dispute and Tenant shall not offset said sums until ninety (90) days after the date of submission of such written invoice. Notwithstanding anything to the contrary contained herein, nothing contained in this subsection or elsewhere in this Lease shall be construed in any way to make Landlord liable to Tenant in any way for a Communication Failure which is caused by Force Majeure Events.Secured Loans; (c) For purposes of Section 8, during Building Hours, Tenant shall provide written notice to have such other remedies (if any) as are expressly provided under the Building Manager provisions of this Lease. Tenant may not under any circumstance terminate, or Building Chief Engineer and outside bring a lawsuit or other court action seeking a judicial order for or declaration of Building Hoursthe termination of, Tenant shall provide written notice to the Building Manager, Building Chief Engineer this Lease for or the Building security guard in the main lobbyon account of any Landlord Default.

Tenant Remedies. Except to the extent specifically provided herein, Tenant shall not have the right to an abatement of rent or to terminate this Lease as a result of Landlord's default as to any covenant or agreement contained in this Lease or as a result of the breach of any promise or inducement in connection herewith, whether in this Lease or elsewhere and Tenant hereby waives such remedies of abatement of rent and termination. Tenant hereby agrees that Tenant's remedies for default hereunder or in any way arising in connection with this Lease including any breach of any promise or inducement or warranty, express or implied, shall be limited to: (a) A suit for direct and proximate damages provided that Tenant has given the notices as hereinafter required. Notwithstanding any anything to the contrary provision of contained in this Lease, the liability of Landlord to Tenant for any default by Landlord under the terms of this Lease shall be limited to the interest of Landlord in the event Building and the Property and Tenant agrees to look solely to Landlord's interest in the Building and the Property for the recovery of any judgment against the Landlord, it being intended that there is a water leak into Landlord shall not be personally liable for any judgment or deficiency. Tenant hereby covenants that, prior to the Tenant's server roomfiling of any suit for direct and proximate damages, for a reason not caused by it shall give Landlord and all mortgagees whom Tenant has been notified hold mortgages or deed of trust liens on the acts of Tenant Property, Building or Premises ("Water LeakLANDLORD'S MORTGAGEES"), Tenant shall promptly provide written ) notice of a Water Leak as set forth in Section 8(cand reasonable time to cure any alleged default by Landlord. (b) below ("Water Leak Notice"). If the Water Leak Notice is delivered to Landlord during Building Hours, Landlord shall have four (4) hours to commence curing said Water Leak and shall thereafter diligently pursue such cure to completion using commercially reasonable efforts, subject to Force Majeure Events. If the Water Leak Notice is delivered to Landlord outside of Building Hours, Landlord shall have until the next business day, but in no event longer than eight (8) hours, to commence curing said Water Leak and shall diligently pursue such cure to completion using commercially reasonable efforts, subject to Force Majeure Events. In the event that the Landlord fails to commence the cure of a Water Leak material default of any material covenant or agreement contained in this Lease within the applicable cure commencement period as extended by Force Majeure Events, Tenant shall be entitled to undertake such commercially reasonable efforts as are reasonably necessary to cure the Water Leak. Subject to the rights of other tenants in the Building, Tenant shall have the right to enter such portions of the Building as may be reasonably required to effectuate any reasonable cure of such Water Leak, provided that (i) Tenant shall use all reasonable efforts to include the Building manager or Building personnel in connection with the entry into any portions of the Building outside of the Premises, and (ii) Tenant shall repair any damage caused by any such repair activities of Tenant and shall indemnify and hold Landlord harmless from any claims, including any related attorneys fees, by other tenants in the Building for damage to persons or property resulting from such activities of Tenant. Tenant shall be entitled to reimbursement for the sums reasonably expended by Tenant to effectuate such cure within thirty (30) days after submitting a written invoice of said sums to Landlord. If Landlord fails to reimburse Tenant within said thirty (30) days, Tenant shall be entitled to offset said sums from its Base Monthly Rental; provided that, if Landlord disputes the amount of such claim for reimbursement, Landlord shall give Tenant written notice of such dispute prior to the end of such thirty (30) day period in which event Landlord and Tenant shall meet and confer on not less than two (2) occasions (at a mutually agreeable time and place in San Francisco, California) in the ensuing sixty (60) days in an attempt to resolve following receipt of notice specifying such dispute alleged default from Tenant by both Landlord and Tenant shall not offset said sums until ninety (90) days after Landlord's mortgagees, equitable abatement of the date of submission of such written invoice. Notwithstanding anything Base Rental and other rent due hereunder to the contrary contained herein, nothing contained in this subsection or elsewhere in this Lease shall be construed in extent reasonably necessary to adjust for any way inconvenience occasioned by Landlord's failure to make Landlord liable to Tenant in any way for a Water Leak which is caused by Force Majeure Events. (b) Notwithstanding any contrary provision of this Lease, in the event that there is a failure in supply of electrical power to the Premises or a telecommunications or data interruption in the Premises, for a reason not caused by the acts of Tenant ("Communication Failure"), Tenant shall promptly provide written notice of a Communication Failure as set forth in Section 8(c) below ("Communication Failure Notice"). If the Communication Failure Notice is delivered to Landlord during Building Hours, Landlord shall have four (4) hours to commence curing said Communication Failure and shall thereafter diligently pursue such cure to completion using commercially reasonable efforts, subject to Force Majeure Events. If the Communication Failure Notice is delivered to Landlord outside of Building Hours, Landlord shall have until the next business day, but in no event longer than eight (8) hours, to commence curing said Communication Failure and shall diligently pursue such cure to completion using commercially reasonable efforts, subject to Force Majeure Events. In the event that the Landlord fails to theretofore commence the cure of a Communication Failure within the applicable cure commencement period as extended by Force Majeure Events, Tenant shall be entitled to undertake such commercially reasonable efforts as are reasonably necessary to cure the Communication Failure. Subject to the rights of other tenants in the Building, Tenant shall have the right to enter such portions of the Building as may be reasonably required to effectuate any reasonable cure of such Communication Failure, provided that (i) Tenant shall use all reasonable efforts to include the Building manager or Building personnel in connection with the entry into any portions of the Building outside of the Premises, and (ii) Tenant shall repair any damage caused by any such repair activities of Tenant and shall indemnify and hold Landlord harmless from any claims, including any related attorneys fees, by other tenants in the Building for damage to persons or property resulting from such activities of Tenant. Tenant shall be entitled to reimbursement for the sums reasonably expended by Tenant to effectuate such cure within thirty (30) days after submitting a written invoice of said sums to Landlord. If Landlord fails to reimburse Tenant within said thirty (30) days, Tenant shall be entitled to offset said sums from its Base Monthly Rental; provided that, if Landlord disputes the amount of such claim for reimbursement, Landlord shall give Tenant written notice of such dispute prior to the end of such thirty (30) day period in which event Landlord and Tenant shall meet and confer on not less than two (2) occasions (at a mutually agreeable time and place in San Francisco, California) in the ensuing sixty (60) days in an attempt to resolve such dispute and Tenant shall not offset said sums until ninety (90) days after the date of submission of such written invoice. Notwithstanding anything to the contrary contained herein, nothing contained in this subsection or elsewhere in this Lease shall be construed in any way to make Landlord liable to Tenant in any way for a Communication Failure which is caused by Force Majeure Eventsdefault. (c) For purposes of Section 8, during Building Hours, Tenant shall provide written notice to the Building Manager or Building Chief Engineer and outside of Building Hours, Tenant shall provide written notice to the Building Manager, Building Chief Engineer or the Building security guard in the main lobby.

Tenant Remedies. Except to the extent specifically provided herein, Tenant shall not have the right to an abatement of rent or to terminate this Lease as a result of Landlord's default as to any covenant or agreement contained in this Lease or as a result of the breach of any promise or inducement in connection herewith, whether in this Lease or elsewhere and Tenant hereby waives such remedies of abatement of rent and termination. Tenant hereby agrees that Tenant's remedies for default hereunder or in any way arising in connection with this Lease including any breach of any promise or inducement or warranty, express or implied, shall be limited to: (a) A suit for direct and proximate damages provided that Tenant has given the notices as hereinafter required. Notwithstanding any anything to the contrary provision of contained in this Lease, the liability of Landlord to Tenant for any default by Landlord under the terms of this Lease shall be limited to the interest of Landlord in the event Building and the Property and Tenant agrees to look solely to Landlord's interest in, the Building and the Property for the recovery of any judgment against the Landlord, it being intended that there is a water leak into Landlord shall not be personally liable for any judgment or deficiency. Tenant hereby covenants that, prior to the Tenant's server roomfiling of any suit for direct and proximate damages, for a reason not caused by it shall give Landlord and all mortgagees whom Tenant has been notified hold mortgages or deed of trust liens on the acts of Tenant Property, Building or Premises ("Water LeakLANDLORD'S MORTGAGEES"), Tenant shall promptly provide written ) notice of a Water Leak as set forth in Section 8(cand reasonable time to cure any alleged default by Landlord. EXHIBIT 10.7 (b) below ("Water Leak Notice"). If the Water Leak Notice is delivered to Landlord during Building Hours, Landlord shall have four (4) hours to commence curing said Water Leak and shall thereafter diligently pursue such cure to completion using commercially reasonable efforts, subject to Force Majeure Events. If the Water Leak Notice is delivered to Landlord outside of Building Hours, Landlord shall have until the next business day, but in no event longer than eight (8) hours, to commence curing said Water Leak and shall diligently pursue such cure to completion using commercially reasonable efforts, subject to Force Majeure Events. In the event that the Landlord fails to commence the cure of a Water Leak material default of any material covenant or agreement contained in this Lease within sixty (60) days following receipt of notice specifying such alleged default from Tenant by both Landlord and Landlord's mortgagees, equitable abatement of the applicable cure commencement period as extended by Force Majeure Events, Tenant shall be entitled Base Rental and other rent due hereunder to undertake such commercially reasonable efforts as are the extent reasonably necessary to adjust for any inconvenience occasioned by Landlord's failure to theretofore commence the cure the Water Leakof such default. Subject to the The rights of other tenants in the BuildingTenant pursuant to this Section shall be subject to (and, if applicable, Tenant shall have the right to enter such portions of benefit of) the Building as may be reasonably required to effectuate any reasonable cure of such Water Leak, provided that (i) Tenant shall use all reasonable efforts to include the Building manager or Building personnel in connection with the entry into any portions of the Building outside of the Premises, and (ii) Tenant shall repair any damage caused by any such repair activities of Tenant and shall indemnify and hold Landlord harmless from any claims, including any related attorneys fees, by other tenants in the Building for damage to persons or property resulting from such activities of Tenant. Tenant shall be entitled to reimbursement for the sums reasonably expended by Tenant to effectuate such cure within thirty (30) days after submitting a written invoice of said sums to Landlord. If Landlord fails to reimburse Tenant within said thirty (30) days, Tenant shall be entitled to offset said sums from its Base Monthly Rental; provided that, if Landlord disputes the amount of such claim for reimbursement, Landlord shall give Tenant written notice of such dispute prior to the end of such thirty (30) day period in which event Landlord and Tenant shall meet and confer on not less than two (2) occasions (at a mutually agreeable time and place in San Francisco, California) in the ensuing sixty (60) days in an attempt to resolve such dispute and Tenant shall not offset said sums until ninety (90) days after the date of submission of such written invoice. Notwithstanding anything to the contrary contained herein, nothing contained in this subsection or elsewhere in this Lease shall be construed in any way to make Landlord liable to Tenant in any way for a Water Leak which is caused by Force Majeure Events. (b) Notwithstanding any contrary provision express provisions of this Lease, if any, providing for remedies different from, and in exclusion of, the remedies above-described. For example, the foregoing notice and grace periods shall not apply to Tenant's right to xxxxx rent or terminate this Lease for utility interruptions. Landlord's interest in the event that there is a failure in supply of electrical power to Building and the Premises or a telecommunications or data interruption in the Premises, for a reason not caused by the acts of Tenant ("Communication Failure"), Tenant Property shall promptly provide written notice of a Communication Failure as set forth in Section 8(c) below ("Communication Failure Notice"). If the Communication Failure Notice is delivered to Landlord during Building Hours, Landlord shall have four (4) hours to commence curing said Communication Failure include all insurance proceeds and shall thereafter diligently pursue such cure to completion using commercially reasonable effortscondemnation awards, subject to Force Majeure Events. If the Communication Failure Notice is delivered to Landlord outside of Building Hours, Landlord shall have until the next business day, but in no event longer than eight (8) hours, to commence curing said Communication Failure and shall diligently pursue such cure to completion using commercially reasonable efforts, subject to Force Majeure Events. In the event that the Landlord fails to commence the cure of a Communication Failure within the applicable cure commencement period as extended by Force Majeure Events, Tenant shall be entitled to undertake such commercially reasonable efforts as are reasonably necessary to cure the Communication Failure. Subject to the rights claims of other tenants in the Building, Tenant shall have the right to enter such portions of the Building as may be reasonably required to effectuate any reasonable cure of such Communication Failure, provided that (i) Tenant shall use all reasonable efforts to include the Building manager or Building personnel in connection with the entry into any portions of the Building outside of the Premises, and (ii) Tenant shall repair any damage caused by any such repair activities of Tenant and shall indemnify and hold Landlord harmless from any claims, including any related attorneys fees, by other tenants in the Building for damage to persons or property resulting from such activities of Tenant. Tenant shall be entitled to reimbursement for the sums reasonably expended by Tenant to effectuate such cure within thirty (30) days after submitting a written invoice of said sums to Landlord. If Landlord fails to reimburse Tenant within said thirty (30) days, Tenant shall be entitled to offset said sums from its Base Monthly Rental; provided that, if Landlord disputes the amount of such claim for reimbursement, Landlord shall give Tenant written notice of such dispute prior to the end of such thirty (30) day period in which event Landlord and Tenant shall meet and confer on not less than two (2) occasions (at a mutually agreeable time and place in San Francisco, California) in the ensuing sixty (60) days in an attempt to resolve such dispute and Tenant shall not offset said sums until ninety (90) days after the date of submission of such written invoice. Notwithstanding anything to the contrary contained herein, nothing contained in this subsection or elsewhere in this Lease shall be construed in any way to make Landlord liable to Tenant in any way for a Communication Failure which is caused by Force Majeure Eventstenants. (c) For purposes of Section 8, during Building Hours, Tenant shall provide written notice to the Building Manager or Building Chief Engineer and outside of Building Hours, Tenant shall provide written notice to the Building Manager, Building Chief Engineer or the Building security guard in the main lobby.

Tenant Remedies. (a) Notwithstanding any contrary provision of this Lease, in After the event that there is a water leak into the Tenant's server room, for a reason not caused by the acts of Tenant ("Water Leak"), Tenant shall promptly provide written notice occurrence of a Water Leak as set forth in Section 8(c) below Landlord Default ("Water Leak Notice"). If and the Water Leak Notice is delivered to Landlord during Building Hours, Landlord shall have four (4) hours to commence curing said Water Leak and shall thereafter diligently pursue such cure to completion using commercially reasonable efforts, subject to Force Majeure Events. If the Water Leak Notice is delivered to Landlord outside expiration of Building Hours, Landlord shall have until the next business day, but in no event longer than eight (8) hours, to commence curing said Water Leak and shall diligently pursue such cure to completion using commercially reasonable efforts, subject to Force Majeure Events. In the event that the Landlord fails to commence the cure of a Water Leak within the applicable grace or cure commencement period as extended by Force Majeure Events, Tenant shall be entitled to undertake such commercially reasonable efforts as are reasonably necessary to cure the Water Leak. Subject to the rights of other tenants in the Buildingperiod), Tenant shall have the right to enter such portions following remedies as its sole and exclusive remedies: (a) Tenant may institute a lawsuit for the collection of the Building as any amounts or damages which may be reasonably due and payable by Landlord to Tenant hereunder for which Landlord may be in default, or (to the extent available under applicable law and principles of equity) for specific performance by Landlord of (or an injunction to enjoin Landlord to perform) its obligations hereunder, and if as a result of any such lawsuit Tenant is awarded damages against Landlord, Tenant may deduct and set off the amount of any such final, unappealable award (and interest thereon at the legal "judgment rate" from the date of entry of such judgment order) from and against the next succeeding installment payments of Fixed Rent coming due and payable by Tenant to Landlord hereunder, provided, however, that in no event shall the amount actually paid by Tenant to Landlord for and on account of Fixed Rent in any month be reduced to less than the total amount of all debt service payments required to effectuate any reasonable cure be paid by Landlord in such month to Secured Lenders on account of such Water Leak, provided that Secured Loans; (ib) Tenant shall use all reasonable efforts to include the Building manager or Building personnel in connection with the entry into may, at its option but without obligation, without waiving any portions of the Building outside of the Premises, and (ii) Tenant shall repair any damage caused by any such repair activities of Tenant and shall indemnify and hold Landlord harmless from any claims, including any related attorneys fees, by other tenants in the Building claim for damage to persons or property damages resulting from such activities Landlord Default, at any time after giving Landlord at least ten days' prior notice of Tenant. its intention to do so, cause such Landlord Default to be cured for the account of Landlord, and any amount paid or any contractual liability incurred by Tenant in so doing shall be entitled to reimbursement deemed paid or incurred for the sums reasonably expended by account of Landlord, and Landlord agrees to reimburse Tenant to effectuate such cure within thirty (30) days after submitting a written invoice of said sums to Landlordtherefor on demand. If Landlord fails to reimburse Tenant upon demand for any amount so paid for the account of Landlord under this Section 48.2(b) within said thirty fifteen (3015) days, days after receipt from Tenant shall be entitled to offset said sums from its Base Monthly Rental; provided that, if Landlord disputes the amount of such claim for reimbursement, Landlord shall give Tenant written notice of claim for such dispute prior to reimbursement together with such copies of bills, invoices, or other supporting documentation as Landlord may reasonably request, said amount shall accrue interest at the end rate of such thirty eight percent (308%) day period in which event Landlord per annum and may be deducted and set off by Tenant shall meet from and confer on not less than two (2) occasions (at a mutually agreeable time against the next or succeeding installment payments of Fixed Rent coming due and place in San Francisco, California) in the ensuing sixty (60) days in an attempt to resolve such dispute and payable by Tenant shall not offset said sums until ninety (90) days after the date of submission of such written invoice. Notwithstanding anything to the contrary contained herein, nothing contained in this subsection or elsewhere in this Lease shall be construed in any way to make Landlord liable to Tenant in any way for a Water Leak which is caused by Force Majeure Events. (b) Notwithstanding any contrary provision of this Lease, in the event that there is a failure in supply of electrical power to the Premises or a telecommunications or data interruption in the Premises, for a reason not caused by the acts of Tenant ("Communication Failure"), Tenant shall promptly provide written notice of a Communication Failure as set forth in Section 8(c) below ("Communication Failure Notice"). If the Communication Failure Notice is delivered to Landlord during Building Hourshereunder; provided, Landlord shall have four (4) hours to commence curing said Communication Failure and shall thereafter diligently pursue such cure to completion using commercially reasonable effortshowever, subject to Force Majeure Events. If the Communication Failure Notice is delivered to Landlord outside of Building Hours, Landlord shall have until the next business day, but that in no event longer than eight (8) hours, to commence curing said Communication Failure and shall diligently pursue such cure to completion using commercially reasonable efforts, subject to Force Majeure Events. In the event that the Landlord fails to commence the cure of a Communication Failure within the applicable cure commencement period as extended by Force Majeure Events, Tenant shall be entitled to undertake such commercially reasonable efforts as are reasonably necessary to cure the Communication Failure. Subject to the rights of other tenants in the Building, Tenant shall have the right to enter such portions of the Building as may be reasonably required to effectuate any reasonable cure of such Communication Failure, provided that (i) Tenant shall use all reasonable efforts to include the Building manager or Building personnel in connection with the entry into any portions of the Building outside of the Premises, and (ii) Tenant shall repair any damage caused by any such repair activities of Tenant and shall indemnify and hold Landlord harmless from any claims, including any related attorneys fees, by other tenants in the Building for damage to persons or property resulting from such activities of Tenant. Tenant shall be entitled to reimbursement for the sums reasonably expended amount actually paid by Tenant to effectuate such cure within thirty (30) days after submitting a written invoice Landlord for and on account of said sums Fixed Rent in any month be reduced to Landlord. If Landlord fails to reimburse Tenant within said thirty (30) days, Tenant shall be entitled to offset said sums from its Base Monthly Rental; provided that, if Landlord disputes less than the total amount of all debt service payments required to be paid by Landlord in such claim for reimbursement, Landlord shall give Tenant written notice month to Secured Lenders on account of such dispute prior to the end of such thirty (30) day period in which event Landlord and Tenant shall meet and confer on not less than two (2) occasions (at a mutually agreeable time and place in San Francisco, California) in the ensuing sixty (60) days in an attempt to resolve such dispute and Tenant shall not offset said sums until ninety (90) days after the date of submission of such written invoice. Notwithstanding anything to the contrary contained herein, nothing contained in this subsection or elsewhere in this Lease shall be construed in any way to make Landlord liable to Tenant in any way for a Communication Failure which is caused by Force Majeure Events.Secured Loans; (c) For purposes of Section 8, during Building Hours, Tenant shall provide written notice to have such other remedies (if any) as are expressly provided under the Building Manager provisions of this Lease. Tenant may not under any circumstance terminate, or Building Chief Engineer and outside bring a lawsuit or other court action seeking a judicial order for or declaration of Building Hoursthe termination of, Tenant shall provide written notice to the Building Manager, Building Chief Engineer this Lease for or the Building security guard in the main lobbyon account of any Landlord Default.

Tenant Remedies. Except to the extent specifically provided herein, Tenant shall not have the right to an abatement of rent or to terminate this Lease as a result of Landlord's default as to any covenant or agreement contained in this Lease or as a result of the breach of any promise or inducement in connection herewith, whether in this Lease or elsewhere and Tenant hereby waives such remedies of abatement of rent and termination. Tenant hereby agrees that Tenant's remedies for default hereunder or in any way arising in connection with this Lease including any breach of any promise or inducement or warranty, express or implied, shall be limited to: (a) A suit for direct and proximate damages provided that Tenant has given the notices as hereinafter required. Notwithstanding any anything to the contrary provision of contained in this Lease, the liability of Landlord to Tenant for any default by Landlord under the terms of this Lease shall be limited to the interest of Landlord in the event Building and the Property and Tenant agrees to look solely to Landlord's interest in, the Building and the Property for the recovery of any judgment against the Landlord, it being intended that there is a water leak into Landlord shall not be personally liable for any judgment or deficiency. Tenant hereby covenants that, prior to the Tenant's server roomfiling of any suit for direct and proximate damages, for a reason not caused by it shall give Landlord and all mortgagees whom Tenant has been notified hold mortgages or deed of trust liens on the acts of Tenant Property, Building or Premises ("Water LeakLANDLORD'S MORTGAGEES"), Tenant shall promptly provide written ) notice of a Water Leak as set forth in Section 8(cand reasonable time to cure any alleged default by Landlord. (b) below ("Water Leak Notice"). If the Water Leak Notice is delivered to Landlord during Building Hours, Landlord shall have four (4) hours to commence curing said Water Leak and shall thereafter diligently pursue such cure to completion using commercially reasonable efforts, subject to Force Majeure Events. If the Water Leak Notice is delivered to Landlord outside of Building Hours, Landlord shall have until the next business day, but in no event longer than eight (8) hours, to commence curing said Water Leak and shall diligently pursue such cure to completion using commercially reasonable efforts, subject to Force Majeure Events. In the event that the Landlord fails to commence the cure of a Water Leak material default of any material covenant or agreement contained in this Lease within sixty (60) days following receipt of notice specifying such alleged default from Tenant by both Landlord and Landlord's mortgagees, equitable abatement of the applicable cure commencement period as extended by Force Majeure Events, Tenant shall be entitled Base Rental and other rent due hereunder to undertake such commercially reasonable efforts as are the extent reasonably necessary to adjust for any inconvenience occasioned by Landlord's failure to theretofore commence the cure the Water Leakof such default. Subject to the The rights of other tenants in the BuildingTenant pursuant to this Section shall be subject to (and, if applicable, Tenant shall have the right to enter such portions of benefit of) the Building as may be reasonably required to effectuate any reasonable cure of such Water Leak, provided that (i) Tenant shall use all reasonable efforts to include the Building manager or Building personnel in connection with the entry into any portions of the Building outside of the Premises, and (ii) Tenant shall repair any damage caused by any such repair activities of Tenant and shall indemnify and hold Landlord harmless from any claims, including any related attorneys fees, by other tenants in the Building for damage to persons or property resulting from such activities of Tenant. Tenant shall be entitled to reimbursement for the sums reasonably expended by Tenant to effectuate such cure within thirty (30) days after submitting a written invoice of said sums to Landlord. If Landlord fails to reimburse Tenant within said thirty (30) days, Tenant shall be entitled to offset said sums from its Base Monthly Rental; provided that, if Landlord disputes the amount of such claim for reimbursement, Landlord shall give Tenant written notice of such dispute prior to the end of such thirty (30) day period in which event Landlord and Tenant shall meet and confer on not less than two (2) occasions (at a mutually agreeable time and place in San Francisco, California) in the ensuing sixty (60) days in an attempt to resolve such dispute and Tenant shall not offset said sums until ninety (90) days after the date of submission of such written invoice. Notwithstanding anything to the contrary contained herein, nothing contained in this subsection or elsewhere in this Lease shall be construed in any way to make Landlord liable to Tenant in any way for a Water Leak which is caused by Force Majeure Events. (b) Notwithstanding any contrary provision express provisions of this Lease, if any, providing for remedies different from, and in exclusion of, the remedies above-described. For example, the foregoing notice and grace periods shall not apply to Tenant's right to xxxxx rent or terminate this Lease for utility interruptions. Landlord's interest in the event that there is a failure in supply of electrical power to Building and the Premises or a telecommunications or data interruption in the Premises, for a reason not caused by the acts of Tenant ("Communication Failure"), Tenant Property shall promptly provide written notice of a Communication Failure as set forth in Section 8(c) below ("Communication Failure Notice"). If the Communication Failure Notice is delivered to Landlord during Building Hours, Landlord shall have four (4) hours to commence curing said Communication Failure include all insurance proceeds and shall thereafter diligently pursue such cure to completion using commercially reasonable effortscondemnation awards, subject to Force Majeure Events. If the Communication Failure Notice is delivered to Landlord outside of Building Hours, Landlord shall have until the next business day, but in no event longer than eight (8) hours, to commence curing said Communication Failure and shall diligently pursue such cure to completion using commercially reasonable efforts, subject to Force Majeure Events. In the event that the Landlord fails to commence the cure of a Communication Failure within the applicable cure commencement period as extended by Force Majeure Events, Tenant shall be entitled to undertake such commercially reasonable efforts as are reasonably necessary to cure the Communication Failure. Subject to the rights claims of other tenants in the Building, Tenant shall have the right to enter such portions of the Building as may be reasonably required to effectuate any reasonable cure of such Communication Failure, provided that (i) Tenant shall use all reasonable efforts to include the Building manager or Building personnel in connection with the entry into any portions of the Building outside of the Premises, and (ii) Tenant shall repair any damage caused by any such repair activities of Tenant and shall indemnify and hold Landlord harmless from any claims, including any related attorneys fees, by other tenants in the Building for damage to persons or property resulting from such activities of Tenant. Tenant shall be entitled to reimbursement for the sums reasonably expended by Tenant to effectuate such cure within thirty (30) days after submitting a written invoice of said sums to Landlord. If Landlord fails to reimburse Tenant within said thirty (30) days, Tenant shall be entitled to offset said sums from its Base Monthly Rental; provided that, if Landlord disputes the amount of such claim for reimbursement, Landlord shall give Tenant written notice of such dispute prior to the end of such thirty (30) day period in which event Landlord and Tenant shall meet and confer on not less than two (2) occasions (at a mutually agreeable time and place in San Francisco, California) in the ensuing sixty (60) days in an attempt to resolve such dispute and Tenant shall not offset said sums until ninety (90) days after the date of submission of such written invoice. Notwithstanding anything to the contrary contained herein, nothing contained in this subsection or elsewhere in this Lease shall be construed in any way to make Landlord liable to Tenant in any way for a Communication Failure which is caused by Force Majeure Eventstenants. (c) For purposes of Section 8, during Building Hours, Tenant shall provide written notice to the Building Manager or Building Chief Engineer and outside of Building Hours, Tenant shall provide written notice to the Building Manager, Building Chief Engineer or the Building security guard in the main lobby.