{"id":41726,"date":"2015-09-17T11:25:58","date_gmt":"2015-09-17T16:25:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/contracts\/uncategorized\/355-lakeside-drive-foster-city-ca-lease-spieker-properties.html"},"modified":"2015-09-17T11:25:58","modified_gmt":"2015-09-17T16:25:58","slug":"355-lakeside-drive-foster-city-ca-lease-spieker-properties","status":"publish","type":"corporate_contracts","link":"https:\/\/corporate.findlaw.com\/contracts\/land\/355-lakeside-drive-foster-city-ca-lease-spieker-properties.html","title":{"rendered":"355 Lakeside Drive (Foster City, CA) Lease &#8211; Spieker Properties LP, WCB Seventeen LP and Gilead Sciences Inc."},"content":{"rendered":"<pre>                               THIRD AMENDMENT TO LEASE\n\n     This Third Amendment (the 'AMENDMENT') to Lease Agreement is made as of\nAugust 14, 1998, by and between SPIEKER PROPERTIES, L.P., a California limited\npartnership ('SPIEKER'), as successor in interest to WCB SEVENTEEN LIMITED\nPARTNERSHIP, a Delaware limited partnership and GILEAD SCIENCES, INC., a\nDelaware limited corporation ('GILEAD').\n\n                                    WITNESSETH:\n\n     WHEREAS, Spieker, as Landlord, and Gilead, as Tenant, have entered into\nthat certain Lease dated March 27, 1992, amended by Amendment No. 1, dated\nOctober 11, 1993, and amended by Amendment No. 2, dated June 24, 1996 with\nrespect to space in the Building commonly known as 331, 344B, 346, and 353\nLakeside Drive, Foster City, California.\n\n     NOW, THEREFORE, the parties hereto agree as follows:\n\n\n1.   AMENDMENT OF BASIC LEASE INFORMATION. Those portions, as set forth below,\n     are hereby added to the Basic Lease Information:\n\n     PREMISES AND BUILDING:\n\n     355 Lakeside Drive, Suites 200 &amp; 210        Approximately 17,371 rentable\n                                                 square feet ('Additional\n                                                 Premises'), as outlined on\n                                                 Exhibit A to this Amendment\n\n     PERMITTED USE:\n\n     355 Lakeside Drive, Suites 200 &amp; 210        General office use only\n\n     OCCUPANCY DENSITY:\n\n     355 Lakeside Drive, Suites 200 &amp; 210        4\/1,000 rentable square feet\n\n     PARKING DENSITY:\n\n     355 Lakeside Drive, Suites 200 &amp; 210        4\/1,000 rentable square feet\n\n     TERM COMMENCEMENT:\n\n     355 Lakeside Drive, Suites 200 &amp; 210        November 1, 1998, or as soon\n                                                 as Landlord can deliver\n                                                 Premises, whichever occurs\n                                                 first\n\n     TERM EXPIRATION:\n\n     355 Lakeside Drive, Suites 200 &amp; 210        March 31, 2006\n\n     BASE RENT:\n\n     355 Lakeside Drive, Suites 200 &amp; 210        $39,953.30 per month\n\n     The Base Rent for the Additional Premises shall be increased annually on\n     each anniversary of the Term Commencement of this Third Amendment to an\n     amount equal to $39,953.30 multiplied by a fraction, the numerator of which\n     is the Consumer Price Index, All Urban Consumers, San Francisco, Oakland,\n     and San Jose, published by the United States Department of Labor, Bureau of\n     Statistics (1982-84=100) as of the month immediately preceding the current\n     Adjustment Date, and the denominator of which is the index as of the month\n     immediately preceding the Commencement Date.  There will be a minimum\n     annual increase of 3% and a maximum annual increase of 5%.  Adjustment Date\n     is defined as the anniversary date of the Term Commencement.\n\n     INITIAL ESTIMATED MONTHLY OPERATING\n     EXPENSES AND PROPERTY TAXES:\n\n     355 Lakeside Drive, Suites 200 &amp; 210        $12,854.54 per month\n\n     TENANT'S PERCENTAGE SHARE:\n\n     355 Lakeside Drive, Suites 200 &amp; 210        31.45%\n\n     LANDLORD'S ADDRESS FOR NOTICE:\n\n     Spieker Properties, L.P.\n     393 Vintage Park Drive, Suite 200\n     Foster City, CA 94404\n\n2.   ADDITION TO PREMISES.  Tenant shall accept the Additional Premises in its\n     'as-is' condition.\n\n\n\nThird Amendment to Lease, dated 8\/14\/98\nPage 2\n\n3.   TENANT IMPROVEMENTS. Per the terms and conditions as outlined in Exhibit \n     B - Lease Improvement Agreement, Tenant shall receive a one time tenant\n     improvement allowance not to exceed $100,000.  The tenant improvement\n     allowance shall only be used for improvements to the Additional Premises.\n\n4.   SECURITY DEPOSIT. Notwithstanding anything to the contrary contained in \n     Paragraph 15 of the Lease, the security deposit shall not be less than \n     $300,000 during the term of this Lease.\n\n5.   Except as modified by this Amendment, all provisions of the Lease, First\n     Amendment to Lease and Second Amendment to Lease shall remain in full force\n     and effect.\n\n     IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of\nthe date first written above.\n\nGILEAD:                                 SPIEKER:\n     GILEAD SCIENCES, INC.                   SPIEKER PROPERTIES, L.P.\n     a Delaware corporation                  a California limited partnership\n\n     BY: \/s\/ Mark L. Perry                   By: Spieker Properties, Inc.\n        --------------------------               a Maryland corporation,\n           Mark L. Perry                         its general partner\n\n     Its: Sr. Vice President, Chief          By: \/s\/ Peter H. Schnugg\n         Financial Officer and                  -----------------------------\n         General Counsel                        Peter H. Schnugg\n                                                Its: Senior Vice President\n\n\n\n                                   [FLOOR PLAN]\n\n                                    EXHIBIT A\n\n\n\n\n                                     EXHIBIT B\n\n                            LEASE IMPROVEMENT AGREEMENT\n\n     This Lease Improvement Agreement ('IMPROVEMENT AGREEMENT') sets forth the\nterms and conditions relating to construction of the initial tenant improvements\ndescribed in the Plans to be prepared and approved as provided below (the\n'TENANT IMPROVEMENTS') in the Premises.\n\n1.  PLANS AND SPECIFICATIONS.\n\n     1.1  Tenant shall retain the services of a space planner (the 'SPACE\nPLANNER'), to be determined a later date, to prepare a detailed space plan (the\n'SPACE PLAN') mutually satisfactory to Landlord and Tenant for the construction\nof the Tenant Improvements in the Premises.  Tenant shall submit the Space Plan\nand any proposed revisions thereto to Landlord for Landlord's approval.\n\n     1.2  Based on the approved Space Plan, Tenant shall cause the Space Planner\nto prepare detailed plans, specifications and working drawings mutually\nsatisfactory to Landlord and Tenant for the construction of the Tenant\nImprovements (the 'PLANS').  Landlord and Tenant shall diligently pursue the\npreparation of the Plans.  Tenant shall submit the Plans and any proposed\nrevisions thereto, including the estimated cost of the Tenant Improvements.  All\nnecessary revisions to the Space Plan and the Plans shall be made within two (2)\nbusiness days after Landlord's response thereto.  This procedure shall be\nrepeated until Landlord ultimately approves the Space Plan and Plans.\n\n     1.3  Tenant shall be responsible for ensuring that the Plans are compatible\nwith the design, construction and equipment of the Building, comply with\napplicable Regulations and the Standards (defined below), and contain all such\ninformation as may be required to show locations, types and requirements for all\nheat loads, people loads, floor loads, power and plumbing, regular and special\nHVAC needs, telephone communications, telephone and electrical outlets,\nlighting, light fixtures and related power, and electrical and telephone\nswitches, B.T.U. calculations, electrical requirements and special receptacle\nrequirements.  The Plans shall also include mechanical, electrical, plumbing,\nstructural and engineering drawings mutually satisfactory to Landlord and Tenant\nwhich shall be prepared by the mechanical contractor or contractors, to be\ndetermined at a later date.  Notwithstanding Landlord's preparation, review and\napproval of the Space Plan and the Plans and any revisions thereto, Landlord\nshall have no responsibility or liability whatsoever for any errors or omissions\ncontained in the Space Plan or Plans or any revisions thereto, or to verify\ndimensions or conditions, or for the quality, design or compliance with\napplicable Regulations of any improvements described therein or constructed in\naccordance therewith.  Tenant hereby waives all claims against Landlord relating\nto, or arising out of the design or construction of, the Tenant Improvements.\n\n     1.4  Landlord may approve or disapprove the Space Plan or Plans or any\nproposed revision thereto submitted to Landlord in Landlord's reasonable\ndiscretion.  Landlord shall not be deemed to have approved the Space Plan, the\nPlans, or any proposed revisions thereto, unless approved by Landlord in\nwriting.  Landlord shall approve or disapprove any Space Plan, Plans or proposed\nrevisions thereto submitted to Landlord for Landlord's approval within five (5)\nbusiness days after Landlord's receipt thereof.\n\n2.  SPECIFICATIONS FOR STANDARD TENANT IMPROVEMENTS.\n\n     2.1  Specifications and quantities of standard building components which\nwill comprise and be used in the construction of the Tenant Improvements\n('STANDARDS') are set forth in SCHEDULE 1 to this EXHIBIT B. As used herein,\n'STANDARDS' or 'BUILDING STANDARDS' shall mean the standards for a particular\nitem selected from time to time by Landlord for the Building, including those\nset forth on SCHEDULE 1 of this EXHIBIT B, or such other standards of equal or\nbetter quality as may be mutually agreed between Landlord and Tenant in writing.\n\n     2.2  No deviations from the Standards are permitted.\n\n3.  TENANT IMPROVEMENT COST.\n\n     3.1  The cost of the Tenant Improvements shall be paid for by Tenant,\nincluding, without limitation, the cost of: Standards; space plans and studies;\narchitectural and engineering fees; permits, approvals and other governmental\nfees; labor, material, equipment and supplies; construction fees and other\namounts payable to contractors or subcontractors; taxes; off-site improvements;\nremediation and preparation of the Premises for construction of the Tenant\nImprovements; taxes; filing and recording fees; premiums for insurance and\nbonds; attorneys' fees; financing costs; and all other costs expended or to be\nexpended in the construction of the Tenant Improvements.  Tenant shall reimburse\nLandlord for actual expenses, estimated to be approximately $1,500, which\nLandlord may incur in connection with the Tenant Improvements.\n\n     3.2  Provided Tenant is not in material default under the Lease, including\nthis Improvement Agreement, Landlord shall contribute a one-time tenant\nimprovement allowance not to exceed $100,000 ('TENANT IMPROVEMENT ALLOWANCE')\ntoward the cost of the initial Tenant Improvements.  Provided Tenant is not then\nin material default under the Lease, including this Improvement Agreement,\nLandlord shall disburse the Tenant Improvement Allowance to Tenant upon\ncompletion of construction of the Tenant Improvements and expiration of the time\nfor filing of any mechanics' liens claimed or which might be filed on account of\nany work ordered by Tenant or its contractor or any subcontractor, and upon\nreceipt by Landlord of a certificate of completion executed by the Space Planner\nand Tenant's contractor, and unconditional mechanics' lien releases (which\nmechanics' lien releases shall be executed by the subcontractors, labor\nsuppliers and materialmen in addition to Tenant's contractor), in each case in\nform and substance reasonably satisfactory to Landlord, and all appropriate\nbills and supporting documentation for the work ordered by Tenant or its\ncontractor or any subcontractor.\n\n     3.3  No credit shall be given to Tenant if the cost of the Tenant \nImprovements is less than the Tenant Improvement Allowance.\n\n4.  CONSTRUCTION OF TENANT IMPROVEMENTS.\n\n     4.1  Within ten (10) days after Tenant's and Landlord's approval of the \nPlans including the estimate of the cost of the Tenant Improvements and \nLandlord's receipt of payment of any such estimated cost exceeding the amount \nof the Tenant Improvement Allowance, Tenant shall cause the contractor to \nproceed to secure a building permit and commence construction of the Tenant \nImprovements provided that the Building has in Landlord's reasonable \ndiscretion reached the stage of construction where it is appropriate to \ncommence construction of the Tenant Improvements in the Premises.\n\n     4.2  Tenant shall be responsible for obtaining all governmental \napprovals to the full extent necessary for the construction and installation \nof the Tenant Improvements and for Tenant's occupancy of the Premises, in \ncompliance with all applicable Regulations.\n\n\n\nTenant shall employ a contractor or contractors, to be approved by Landlord in\nwriting, to construct the Tenant Improvements in conformance with the approved\nSpace Plan and Plans.  The construction contracts between Tenant and the\napproved contractor shall be subject to Landlord's prior reasonable approval and\nshall provide for progress payments.  The contractor(s) shall be duly licensed\nand Landlord's approval of the contractor(s) shall be conditioned, among other\nthings, upon the contractor's reputation for quality of work, timeliness of\nperformance, integrity and Landlord's prior experience with such contractor.\n\n     4.3  Landlord shall not be liable for any direct or indirect damages\nsuffered by Tenant as a result of delays in construction beyond Landlord's\nreasonable control, including, but not limited to, delays due to strikes or\nunavailability of materials or labor, or delays caused by Tenant (including\ndelays by the Space Planner, the contractor or anyone else performing services\non behalf of Tenant).\n\n     4.4  All work to be performed on the Premises by Tenant or Tenant's\ncontractor or agents shall be subject to the following conditions:\n\n          (a)  Such work shall proceed upon Landlord's written approval of \nTenant's contractor, and public liability and property damage insurance \ncarried by Tenant's contractor, and shall further be subject to the \nprovisions of Paragraph 8 of the Lease.\n\n          (b)  All work shall be done in conformity with a valid building \npermit when required, a copy of which shall be furnished to Landlord before \nsuch work is commenced, and in any case, all such work shall be performed in \na good and workmanlike and first-class manner, and in accordance with all \napplicable Regulations and the requirements and standards of any insurance \nunderwriting board, inspection bureau or insurance carrier insuring the \nPremises pursuant to the Lease.  Notwithstanding any failure by Landlord to \nobject to any such work, Landlord shall have no responsibility for Tenant's \nfailure to comply with all applicable Regulations.  Tenant shall be \nresponsible for ensuring that construction and installation of the Tenant \nImprovements will not affect the structural integrity of the Building.\n\n          (c)  If required by Landlord or any lender of Landlord, all work by \nTenant or Tenant's contractor shall be done with union labor in accordance \nwith all union labor agreements applicable to the trades being employed.\n\n          (d)  Landlord or Landlord's agents shall have the right to inspect \nthe construction of the Tenant Improvements by Tenant during the progress \nthereof. If Landlord shall give notice of faulty construction or any other \ndeviation from the approved Space Plan or Plans, Tenant shall cause its \ncontractor to make corrections promptly.  However, neither the privilege \nherein granted to Landlord to make such inspections, nor the making of such \ninspections by Landlord, shall operate as a waiver of any right of Landlord \nto require good and workmanlike construction and improvements erected in \naccordance with the approved Space Plan or Plans.\n\n          (e)  Tenant shall cause its contractor to complete the Tenant \nImprovements as soon as reasonably possible.\n\n          (f)  Tenant's construction of the Tenant Improvements shall comply \nwith the following: (i) the Tenant Improvements shall be constructed in \nstrict accordance with the approved Space Plan or Plans; (ii) Tenant's and \nits contractor shall submit schedules of all work relating to the Tenant \nImprovements to Landlord for Landlord's approval within fifteen (15) \nbusiness days following the selection of the contractor and the approval of \nthe Plans. Landlord shall within five (5) business days after receipt thereof \ninform Tenant of any changes which are necessary and Tenant's contractor \nshall adhere to such corrected schedule; and (iii) Tenant shall abide by all \nrules made by Landlord with respect to the use of freight, loading dock, and \nservice elevators, storage of materials, coordination of work with the \ncontractors of other tenants, and any other matter in connection with this \nImprovement Agreement, including, without limitation, the construction of the \nTenant Improvements.\n\n          (g)  Tenant or Tenant's contractor or agents shall arrange for \nnecessary utility, hoisting and elevator service with Landlord's contractor \nand shall pay such reasonable charges for such services as may be charged by \nTenant's or Landlord's contractor.\n\n          (h)  Tenant's entry to the Premises for any purpose, including, \nwithout limitation, inspection or performance of Tenant construction by \nTenant's agents, prior to the date Tenant's obligation to pay rent commences \nshall be subject to all the terms and conditions of the Lease except the \npayment of Rent.  Tenant's entry shall mean entry by Tenant, its officers, \ncontractors, licensees, agents, servants, employees, guests, invitees, or \nvisitors.\n\n          (i)  Tenant shall promptly reimburse Landlord upon demand for any \nreasonable expense actually incurred by the Landlord by reason of faulty work \ndone by Tenant or its contractors or by reason of any delays caused by such \nwork, or by reason of inadequate clean-up.\n\n          (j)  Tenant hereby indemnifies and holds Landlord harmless with \nrespect to any and all costs, losses, damages, injuries and liabilities \nrelating in any way to any act or omission of Tenant or Tenant's contractor \nor agents, or anyone directly or indirectly employed by any of them, in \nconnection with the Tenant Improvements and any breach of Tenant's \nobligations under this Improvement Agreement, or in connection with Tenant's \nnon-payment of any amount arising out of the Tenant Improvements.  Such \nindemnity by Tenant, as set forth above, shall also apply with respect to any \nand all costs, losses, damages, injuries, and liabilities related in any way \nto Landlord's performance or any ministerial acts reasonably necessary (i) to \npermit Tenant to complete the Tenant Improvements, and (ii) to enable Tenant \nto obtain any building permit or certificate of occupancy for the Premises.\n\n          (k)  Tenant shall use its best efforts to contractually require its \ncontractor and the subcontractors utilized by Tenant's contractor to \nguarantee to Tenant and for the benefit of Landlord that the portion of the \nTenant Improvements for which it is responsible shall be free from any \ndefects in workmanship and materials for a period of not less than one (1) \nyear from the date of completion thereof. Pursuant to such guarantee, each of \nTenant's contractor and the subcontractors utilized by Tenant's contractor \nshall be responsible for the replacement or repair, without additional \ncharge, of all work done or furnished in accordance with its contract that \nshall become defective within one (1) year after the later to occur of (i) \ncompletion of the work performed by such contractor of subcontractors and \n(ii) the Term Commencement Date.  The correction of such work shall include, \nwithout additional charge, all additional expenses and damages incurred in \nconnection with such removal or replacement of all or any part of the Tenant \nImprovements, and\/or the Building and\/or common areas that may be damaged or \ndisturbed thereby. Tenant shall use its best efforts to ensure that all such \nwarranties or guarantees as to materials or workmanship of or with respect to \nthe Tenant Improvements shall be contained in the construction contract or \nsubcontract and shall be written such that such guarantees or warranties \nshall inure to the benefit of both Landlord and Tenant, as their repective \ninterests may appear, and can be directly enforced by either. Tenant \ncovenants to give to Landlord any assignment or other assurances which may be \nnecessary to effect such rights of direct enforcement.\n\n5.  INSURANCE REQUIREMENTS.\n\n     5.1  All of Tenant's contractors shall carry worker's compensation \ninsurance covering all of their respective employees, and shall also carry \npublic liability insurance, including property damage, all with limits, in \nform and with companies as are required to be carried by Tenant as set forth \nin the Lease.\n\n\n\n     5.2  Tenant shall carry 'Builder's All Risk' insurance in an amount\napproved by Landlord covering the construction of the Tenant Improvements, and\nsuch other insurance as Landlord may reasonably require, it being understood and\nagreed that the Tenant Improvements shall be insured by Tenant pursuant to the\nLease immediately upon completion thereof.  Such insurance shall be in amounts\nand shall include such extended coverage endorsements as may be reasonably\nrequired by Landlord including, but not limited to, the requirement that all of\nTenant's contractors shall carry excess liability and Products and Completed\nOperation coverage insurance, each in amounts not less than $500,000 per\nincident, $1,000,000 in aggregate, and in form and with companies as are\nrequired to be carried by Tenant as set forth in the Lease.\n\n     5.3  Certificates for all insurance carried pursuant to this Improvement\nAgreement must comply with the requirements of the Lease and shall be delivered\nto Landlord before the commencement of construction of the Tenant Improvements\nand before the contractor's equipment is moved onto the site.  In the event the\nTenant Improvements are damaged by any cause during the course of the\nconstruction thereof, Tenant shall promptly repair the same at Tenant's sole\ncost and expense.  Tenant's contractors shall maintain all of the foregoing\ninsurance coverage in force until the Tenant Improvements are fully completed\nand accepted by Landlord, except for any Product and Completed Operation\nCoverage insurance required by Landlord, which is to be maintained for the\nremaining Lease Term following completion of the work and acceptance by Landlord\nand Tenant.  All policies carried under this Paragraph 5 shall name Landlord and\nTenant as 'Additional Insureds'.  All insurance maintained by Tenant's\ncontractors shall preclude subrogation claims by the insurer against anyone\ninsured thereunder.  Such insurance shall provide that it is primary insurance\nas respects the owner and that any other insurance maintained by owner is excess\nand noncontributing with the insurance required hereunder.\n\n6. COMPLETION AND RENTAL COMMENCEMENT DATE.\n\n     6.1  Tenant's obligation to pay Rent under the Lease shall commence on the\nScheduled Term Commencement Date and the Scheduled Term Commencement Date shall\nbe the Term Commencement Date notwithstanding anything to the contrary contained\nin the Basic Lease Information, provided that Landlord shall have provided\nTenant with full access to the premises on such date.  However, Landlord Delays\n(as defined below) shall extend the Term Commencement Date, but only in the\nevent that substantial completion of the Tenant Improvements is delayed despite\nTenant's reasonable efforts to adapt and compensate for such delays.  In\naddition, no Landlord Delays shall be deemed to have occurred unless Tenant has\nprovided notice, in compliance with the Lease, to Landlord specifying that a\ndelay shall be deemed to have occurred because of actions, inactions or\ncircumstances specified in the notice in reasonable detail.  If such actions,\ninactions or circumstances are not cured by Landlord within one (1) business day\nafter receipt of such notice ('COUNT DATE'), and if such actions, inaction or\ncircumstances otherwise qualify as a Landlord Delay, then a Landlord Delay shall\nbe deemed to have occurred commencing as of the Count Date.  The Term\nCommencement Date shall be extended by one day for each day from the Count Date\nthat a Landlord Delay has occurred, as calculated as provided above.  The term\n'Landlord Delays,' as such term may be used in this Improvement Agreement, shall\nmean any delays in the completion of the Tenant Improvements which are due to\nany act or omission of Landlord, its agents or contractors.  Landlord Delays\nshall include, but shall not be limited to: (i) delays in the giving of\nauthorizations or approvals by Landlord, (ii) delays due to the acts or failures\nto act, of Landlord, its agents or contractors, where such acts or failures to\nact delay the completion of the Tenant Improvements, provided that Tenant acts\nin a commercially reasonable manner to mitigate any such delay, (iii) delays due\nto the interference of Landlord, its agents or contractors with the completion\nof the Tenant Improvements or the failure or refusal of any party to permit\nTenant, its agents and contractors, access to and use of the Building or any\nBuilding facilities or services, including elevators and loading docks, which\naccess and use are necessary to complete the Tenant Improvements, and (iv)\ndelays due to Landlord's failure to allow Tenant sufficient access to the\nBuilding and\/or the Premises during Tenant's move into the Premises.\n\n     6.2  Within ten (10) days after completion of construction of the Tenant\nImprovements, Tenant shall cause a Notice of Completion to be recorded in the\noffice of the Recorder of the county in which the Building is located in\naccordance with Section 3093 of the Civil Code of the State of California or any\nsuccessor statute, and shall furnish a copy thereof to Landlord upon such\nrecordation.  If Tenant fails to do so, Landlord may execute and file the same\non behalf of Tenant as Tenant's agent for such purpose, at Tenant's sole cost\nand expense.  At the conclusion of construction, (i) Tenant shall cause the\nSpace Planner and the contractor (i) to update the approved working drawings as\nnecessary to reflect all changes made to the approved working drawings during\nthe course of construction, (ii) to certify to the best of their knowledge that\nthe 'record-set' of as-built drawings are true and correct, which certification\nshall survive the expiration or termination of the Lease, and (c) to deliver to\nLandlord two (2) sets of copies of such record set of drawings within ninety\n(90) days following issuance of a certificate of occupancy for the Premises, and\n(iii) Tenant shall deliver to Landlord a copy of all warranties, guarantees, and\noperating manuals and information relating to the improvements, equipment, and\nsystems in the Premises.\n\n     6.3  A material default under this Improvement Agreement shall constitute a\ndefault under the Lease, and the parties shall be entitled to all rights and\nremedies under the Lease in the event of a material default hereunder by the\nother party (notwithstanding that the Term thereof has not commenced).\n\n     6.4  Without limiting the 'as-is' provisions of the Amendment, except \nfor the Tenant Improvements, if any, to be constructed by Landlord pursuant \nto this Improvement Agreement, Tenant accepts the Premises in its 'as-is' \ncondition and acknowledges that it has had an opportunity to inspect the \nPremises prior to signing the Amendment.\n\n\n\n                                  SCHEDULE 1\n                                 TO EXHIBIT B\n\n                              BUILDING STANDARDS\n\n\nThe following constitutes the Building Standard tenant improvements\n('STANDARDS') in the quantities specified:\n\n     1. Doors (existing)                Light Oak\n\n     2. Ceiling Tiles (existing)        2' X 2' - Armstrong Cortega Minaboard\n\n     3. Window Treatment (existing)     Manufacturer: Bali\n                                        Quality: 1' Blind\n                                        Color: Beige\n\n     4. Hardware Sets (existing)        Stainless Steel\n\n     5. Window Mullions (existing)      Existing Color\n\n\n\n<\/pre>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_contracts_companies":[7468,7639],"corporate_contracts_industries":[9405,9489],"corporate_contracts_types":[9583,9579],"class_list":["post-41726","corporate_contracts","type-corporate_contracts","status-publish","hentry","corporate_contracts_companies-equity-office-properties-trust","corporate_contracts_companies-gilead-sciences-inc","corporate_contracts_industries-drugs__biotech","corporate_contracts_industries-real__reits","corporate_contracts_types-land__ca","corporate_contracts_types-land"],"acf":[],"_links":{"self":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts\/41726","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts"}],"about":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/types\/corporate_contracts"}],"wp:attachment":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/media?parent=41726"}],"wp:term":[{"taxonomy":"corporate_contracts_companies","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_companies?post=41726"},{"taxonomy":"corporate_contracts_industries","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_industries?post=41726"},{"taxonomy":"corporate_contracts_types","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_types?post=41726"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}