\nExhibit “A”………………………………………………. 16
\nExhibit “B”………………………………………………. 17
\nExhibit “C”………………………………………………. 18
\nExhibit “D”………………………………………………. 19
\nExhibit “E”………………………………………………. 20
\nExhibit “F”………………………………………………. 21
\n<\/c><\/s><\/table>\n Page ii<\/p>\n
1. PARTIES: THIS LEASE, is entered into on this 23\/RD\/ day of May, 1991,
\nbetween THE SOBRATO GROUP, a California Limited Partnership, and TIBURON
\nSYSTEMS, INC., a California Corporation, hereinafter called respectively
\nLandlord and Tenant.<\/p>\n
2. PREMISES: Landlord hereby leases to Tenant, and Tenant hires from Landlord
\nthose certain Premises with the appurtenances, more particularly described as
\nfollows, to-wit:<\/p>\n
That certain real property commonly known and designated as 1290 Parkmoor
\nAvenue, San Jose, California, consisting of 66,479 square feet (“Building”) as
\noutlined in red on Exhibit “A”.<\/p>\n
3. USE: Tenant shall use the Premises only for the following purposes and
\nshall not change the use of the Premises without the prior written consent of
\nLandlord: Office, research, development, testing, light manufacturing, ancillary
\nwarehouse, and related legal uses.<\/p>\n
4. TERM AND RENTAL: The term shall be for One Hundred Twenty (120) months,
\ncommencing, as adjusted pursuant to paragraph 7, on the first day of April, 1992
\n(“Commencement Date”), and ending on the 30th day of March, 2002, at the total
\nrent or sum, as adjusted pursuant to paragraph 4(a), of Eight Million Two
\nHundred Sixteen Thousand Eight Hundred Four and 40\/100 Dollars ($8,216,804.40),
\npayable, without deduction or offset, in monthly installments of Sixty Eight
\nThousand Four Hundred Seventy Three and 37\/100 Dollars ($68,473.37), due on or
\nbefore the first day of each calendar month during the term hereof. Said rental
\nshall be paid in lawful money of the United States of America, without offset or
\ndeduction, and shall be paid to Landlord at such place or places as may be
\ndesignated from time to time by Landlord. Rent for any period less than a
\ncalendar month shall be a pro rata portion of the monthly installment.<\/p>\n
4. (a) Rental Adjustment: Beginning thirty (30) months after the
\nCommencement Date, and every thirty (30) months thereafter, the then payable
\nmonthly rent shall be subject to adjustment based on the increase, if any, in
\nthe Consumer Price Index (“Adjustment Date”). The basis for computing the
\nadjustment shall be the U.S. Department of Labor, Bureau of Labor Statistic’s
\nConsumer Price Index for All Urban Consumers, All Items, 1982-84=100, for the
\nSan Francisco-Oakland – San Jose area, (“Index”). The Index most recently
\npublished preceding the commencement of the Lease (or previous Adjustment Date,
\nas applicable), shall be considered the “Base Index”. If the Index most recently
\npublished preceding the Adjustment Date (“Comparison Index”) is greater than the
\nBase Index, the then payable monthly rent shall be increased by multiplying the
\nmonthly rent by a fraction, the numerator of which is the Comparison Index and
\nthe denominator of which is the Base Index. Notwithstanding any subsequent
\ndecrease in the Index, the increase in the CPI for any calendar year shall never
\nbe less than four percent (4%) per year compounded annually nor more than eight
\npercent (8%) per year compounded annually. Landlord’s calculation of the rent
\nescalation shall be conclusive and binding unless Tenant objects to said
\ncalculation within a thirty (30) day period. On adjustment of the monthly rent
\nLandlord shall notify Tenant by letter stating the new monthly rent. If the
\nIndex base year is changed so that it differs from 1982-84=100, the Index shall
\nbe converted in accordance with the conversion factor published by the United
\nStates Department of Labor, Bureau of Labor Statistics. If the Index is
\ndiscontinued or revised during the term, such other government index or
\ncomputation with which it is replaced shall be used in order to obtain
\nsubstantially the same result as would be obtained if the index had not been
\ndiscontinued or revised.<\/p>\n
5. SECURITY DEPOSIT: On or before December 20th, 1991, Tenant shall deposit
\nwith Landlord the sum of Seventy Thousand and No\/100 Dollars ($70,000.00) as a
\nsecurity deposit. If Tenant defaults with respect to any provisions of this
\nLease, including but not limited to the provisions relating to payment of rent
\nor other charges. Landlord may, to the extent reasonably necessary to remedy
\nTenant’s default, use all or any part of said deposit for the payment of rent or
\nother charges in default or the payment of any other payment of any other amount
\nwhich Landlord may spend or become obligated to spend by reason of Tenant’s
\ndefault or to compensate Landlord<\/p>\n
Page 1<\/p>\n
for any other loss or damage which Landlord may suffer by reason of Tenant’s
\ndefault. If any portion of said deposit is so used or applied, Tenant shall,
\nwithin ten (10) days after written demand therefor, deposit cash with Landlord
\nin an amount sufficient to restore said deposit to the full amount hereinabove
\nstated and shall pay to Landlord such other sums as shall be necessary to
\nreimburse Landlord for any sums paid by Landlord. Said deposit shall be returned
\nto Tenant within thirty (30) days after the expiration of the term hereof less
\nany amount deducted in accordance with this paragraph, together with Landlord’s
\nwritten notice itemizing the amounts and purposes for such retention. In the
\nevent of termination of Landlord’s interest in this Lease, Landlord shall
\ntransfer said deposit to Landlord’s successor in interest.<\/p>\n
Notwithstanding the foregoing provisions of this paragraph 5, Landlord agrees
\nthat in lieu of a cash security deposit in the amounts specified above, Tenant
\nmay deposit an irrevocable letter of credit in favor of Landlord in the initial
\nsum of Seventy Thousand and No\/100 Dollars ($70,000.00), in a form reasonably
\nacceptable to Landlord. Landlord shall be entitled to draw against the letter of
\ncredit in accordance with the preceding paragraph, provided that Landlord
\ncertifies to the issuer of the letter of credit under penalty of perjury that
\nTenant is in default under the Lease (as defined in paragraph 22 hereof). Tenant
\nshall keep the letter of credit in effect during the entire Lease Term, as the
\nsame may be extended, plus a period of eight (8) weeks thereafter. At least
\nsixty (60) days prior to expiration of any letter of credit, the term thereof
\nshall be renewed or extended. Tenant’s failure to so renew or extend the letter
\nof credit shall be a material default of this Lease by Tenant. If Landlord draws
\nagainst the letter of credit, Tenant shall replenish the existing letter of
\ncredit or cause a new letter of credit to be issued such that the aggregate
\namount of letters of credit available to Landlord at all times during the Lease
\nTerm is the amount of the security deposit required herein<\/p>\n
6. LATE CHARGES: Tenant hereby acknowledges that late payment by Tenant to
\nLandlord of rent and other sums due hereunder will cause Landlord to incur costs
\nnot contemplated by this Lease, the exact amount of which will be extremely
\ndifficult to ascertain. Such costs include, but are not limited to,
\nadministrative, processing, accounting charges, and late charges, which may be
\nimposed on Landlord by the terms of any contract, revolving credit, mortgage or
\ntrust deed covering the Premises. Accordingly, if any installment of rent or any
\nother sum due from Tenant shall not be received by Landlord or Landlord’s
\ndesignee within ten (10) days after written notice from Landlord that such
\namount is due, Tenant shall pay to Landlord a late charge equal to five (5%)
\npercent of such overdue amount which shall be due and payable with the payment
\nthen delinquent. The parties hereby agree that such late charge represents a
\nfair and reasonable estimate of the costs Landlord will incur by reason of late
\npayment by Tenant. Acceptance of such late charge by Landlord shall in no event
\nconstitute a waiver of Tenant’s default with respect to such overdue amount, nor
\nprevent Landlord from exercising any of the other rights and remedies granted
\nhereunder. In the event that a late charge is payable hereunder, whether or not
\ncollected, for three (3) consecutive installments of rent, then rent shall
\nautomatically become due and payable quarterly in advance, rather than monthly,
\nnotwithstanding any provision of this Lease to the contrary.<\/p>\n
IT IS FURTHER MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS:<\/p>\n
7. CONSTRUCTION AND POSSESSION: The Tenant Improvements shall be constructed
\nby independent contractors to be employed by and under the supervision of
\nLandlord, as general contractor, in accordance with plans prepared by Dennis
\nKobza & Associates, Inc. Landlord shall construct the Tenant Improvements in
\naccordance with all existing applicable municipal, local, state and federal
\nlaws, statutes, rules, regulations and ordinances.<\/p>\n
Landlord shall be responsible for and shall pay the cost of the Tenant
\nImprovements up to the amount of Six Hundred Sixty Four Thousand Seven Hundred
\nNinety and No\/100 Dollars ($664,790.00) (“Tenant Improvement Allowance”). In the
\nevent the cost of Tenant Improvements is more than the Tenant Improvement
\nAllowance, the monthly rental under the Lease shall be increased at the rate of
\nFifteen Dollars ($15.00) per month for each One Thousand Dollars ($1,000.00) of
\nthe increase in the Tenant Improvement Allowance up to a maximum increase in the
\nTenant Improvement Allowance of Three Hundred Thirty Two Thousand Three Hundred
\nNinety Five and No\/100 Dollars ($332,395.00). In the event the cost of Tenant
\nImprovements is less than<\/p>\n
Page 2<\/p>\n
the Tenant Improvement Allowance, the monthly rental under the Lease shall be
\nreduced at the rate of Ten Dollars ($10.00) per month for each One Thousand
\nDollars ($1,000.00) of the Tenant Improvement Allowance not used. The cost of
\nthe Tenant Improvements including fit-up of special areas shall include a fee of
\nNine percent (9%) to cover all of the following: a field superintendent,
\ntemporary on-site facilities; home office administration, supervision, and
\ncoordination; financing fees, and construction interest. Costs in excess of said
\nTenant Improvement Allowance, if any, shall be paid for by Tenant in cash within
\nten (10) days after Landlord has provided Tenant with evidence that Landlord’s
\nprogress payments to sub-contractors has exceeded said Tenant Improvement
\nbudget. All costs for Tenant Improvements shall be fully documented to and
\nverified by Tenant.<\/p>\n
Landlord and Tenant have approved the preliminary working drawings (“Preliminary
\nWorking Drawings”) attached as Exhibit “B” and the preliminary budget for the
\nTenant Improvement costs (“Preliminary Budget”) attached as Exhibit “C”. Based
\non this information, Landlord shall prepare the final working drawings (“Final
\nWorking Drawings”) attached as Exhibit “D” and final budget for the Tenant
\nImprovement costs (“Final Budget”) attached as Exhibit “E”. In the event the
\nFinal Budget exceeds the Tenant Improvement Allowance, Landlord shall have the
\nright to require Tenant to post a letter to credit to secure Tenant’s
\nreimbursement obligation for the difference between the Final Budget and the
\nTenant Improvement Allowance. In the event Tenant makes any changes to the Final
\nWorking Drawings which cause Landlord’s construction schedule to be delayed, the
\nCommencement Date shall occur one (1) day in advance of Substantial Completion
\nas defined below for each day of delay.<\/p>\n
If Landlord, for any reason whatsoever, cannot deliver possession of the said
\nPremises to Tenant by the Commencement Date, this Lease shall not be void or
\nvoidable, nor shall Landlord be liable to Tenant for any loss or damage
\nresulting therefrom; but in that event the Commencement Date and termination
\ndate of the Lease and all other dates affected thereby shall be revised to
\nconform to the date of Landlord’s delivery of possession. The term of the Lease
\nshall not commence until substantial completion of the Premises occurs.
\n“Substantial Completion” shall mean that: (i) all necessary governmental
\napprovals, permits, consents, and certificates have been obtained by or for
\nLandlord for the lawful construction by Landlord, and occupancy by Tenant, or
\nsaid Premises, excluding work attributable to any special fit-up requested or
\nrequired by Tenant, (ii) all of the Premises interior fully meet all of the
\nFinal Working Drawings, excluding Tenant’s special fit-up, (iii) all of the
\nPremises exterior substantially meets the applicable Final Working Drawings,
\nincluding paved parking areas, and (iv) said interior is in a “broom clean”
\nfinished condition. If necessary, Landlord reserves the right to post a bond for
\nthe uncompleted portion of the landscaping.<\/p>\n
8. ACCEPTANCE OF POSSESSION AND COVENANTS TO SURRENDER: By entry hereunder,
\nTenant accepts the Premises as being in good and sanitary order, condition and
\nrepair and accepts the Building and the other improvements in their present
\ncondition, except for the “punch list” as set forth on Exhibit “F”, attached
\nhereto. The Tenant agrees on the last day of the term hereof, or on the sooner
\ntermination of this Lease, to surrender the Premises to Landlord in good
\ncondition and repair, reasonable wear and tear excepted. “Good condition” shall
\nmean that the interior walls, floors, suspended ceilings, and carpeting within
\nthe Premises will be cleaned to the same condition as existed at the
\ncommencement of the Lease, normal wear and tear excepted. Tenant agrees to
\nremove all phone and data cabling from the suspended ceiling and repair any
\ndamage to the ceiling caused by such cabling. Tenant shall ascertain from
\nLandlord within thirty (30) days before the end of the term of this Lease
\nwhether Landlord desires to have the Premises or any part or parts thereof
\nrestored to their condition as of the commencement of this Lease or to cause
\nTenant to surrender all post-commencement alterations, additions, and
\nimprovements in place to Landlord. If Landlord shall so desire, then Tenant
\nshall remove such post-commencement alterations, additions, and improvements as
\nLandlord may require and shall repair and restore said Premises or such part or
\nparts thereof before the termination of this Lease at Tenant’s sole cost and
\nexpense. Tenant on or before the end of the term or sooner termination of this
\nLease, shall remove all its personal property and trade fixtures from the
\nPremises, and all property not so removed shall be deemed to be abandoned by
\nTenant. If the Premises are not surrendered at the end of the term or sooner
\ntermination of this Lease, Tenant shall indemnify Landlord against loss or
\nliability resulting from delay by Tenant in so surrendering the Premises
\nincluding, without limitation, any claims made by any succeeding tenant founded
\non such delay.<\/p>\n
Page 3<\/p>\n
9. USES PROHIBITED: Tenant shall not commit, or suffer to be committed, any
\nwaste upon the said Premises, or any nuisance, or other act or thing which may
\ndisturb the quiet enjoyment of any other tenant in or around the Building or
\nallow any sale by auction upon the Premises, or allow the Premises to be used
\nfor any unlawful or objectionable purpose, or place any loads upon the floor,
\nwalls, or ceiling which endanger the structure, or use any machinery or
\napparatus which will in any manner vibrate or shake the Building, or place any
\nharmful liquids, waste materials, or hazardous materials in the drainage system
\nof, or upon or in the soils surrounding the Building. No materials, supplies,
\nequipment, finished products or semi-finished products, raw materials or
\narticles of any nature or any waste materials, refuse, scrap or debris shall be
\nstored upon or permitted to remain on any portion of the Premises outside of the
\nBuilding proper without Landlord’s prior approval, which approval may be
\nwithheld in its sole discretion.<\/p>\n
10. ALTERATIONS AND ADDITIONS: Tenant shall not make, or suffer to be made,
\nany alteration or addition to the said Premises, or any part thereof, without
\n(i) the written consent of Landlord first had and obtained, and (ii) delivering
\nto Landlord the proposed architectural and structural plans for all such
\nalterations. Any addition or alteration to the Premises, except movable
\nfurniture and trade fixtures, shall become at once a part of the realty and
\nbelong to Landlord. Alterations and additions which are not to be deemed as
\ntrade fixtures shall include heating, lighting, electrical systems, air
\nconditioning, partitioning, carpeting, or any other installation which has
\nbecome an integral part of the Premises. After having obtained Landlord’s
\nconsent, Tenant agrees that prior to the commencement of any alterations and
\nadditions, Tenant shall cause to be provided to Landlord, payment and
\nperformance bonds satisfactory to Landlord, to assure timely completion of such
\nwork and payment of all costs of such work. Tenant will at all times permit such
\nnotices to be posted and to remain posted until the completion of work. Tenant
\nacknowledges Landlord’s right to and hereby consents to construction of
\nadditional building(s) on the land where the Premises are located or on adjacent
\nland owned by Landlord.<\/p>\n
11. MAINTENANCE OF PREMISES: Landlord warrants that as of the date of this
\nLease, the roof and the roof membrane, exterior walls, glazing, plumbing,
\nelectrical and HVAC systems, sidewalks and parking areas, of the Premises are in
\ngood and sanitary order, condition, and repair. Tenant shall, at its sole cost,
\nkeep and maintain, repair and replace, said Premises and appurtenances and every
\npart hereof, including but not limited to, the roof membrane, glazing,
\nsidewalks, parking areas, plumbing, electrical and HVAC systems, and all the
\nTenant Interior Improvements in good and sanitary order, condition, and repair.
\nNotwithstanding the foregoing, Landlord at its sole cost and expense, shall
\nmaintain in good condition, order, and repair, and replace as and when
\nnecessary, the foundation, exterior walls, structure and structural members, and
\nroof structure of the Building. Subject to the obligations of Tenant to provide
\nperiodic routine maintenance of the Premises in accordance with the provisions
\nset forth in Paragraph 11 above, Landlord shall also provide a contractor’s
\nwarranty on the Tenant Improvements for a period of one (1) year from the
\nCommencement Date. Tenant shall provide Landlord with a copy of a service
\ncontract between Tenant and a licensed air-conditioning and heating contractor
\nwhich contract shall provide for bimonthly maintenance of all air conditioning
\nand heating equipment at the Premises. Tenant shall pay the cost of all air-
\nconditioning and heating equipment repairs or replacements which are either
\nexcluded from such service contract or any existing equipment warranties. Tenant
\nshall be responsible for the preventive maintenance of the membrane of the roof,
\nwhich responsibility shall be deemed properly discharged if (i) Tenant contracts
\nwith a licensed roof contractor who is reasonably satisfactory to both Tenant
\nand Landlord, at Tenant’s sole cost, to inspect the roof membrane at least every
\nsix (6) months, with the first inspection due the sixth (6th) month after the
\nCommencement Date, and (ii) Tenant performs, at Tenant’s sole cost, all
\npreventive maintenance recommendations made by such contractor within a
\nreasonable time after such recommendations are made. Such preventive maintenance
\nmight include acts such as clearing storm gutters and drains, removing debris
\nfrom the roof membrane, trimming trees overhanging the roof membrane, applying
\ncoating materials to seal roof penetrations, repairing blisters, and other
\nroutine measures. Tenant shall provide to Landlord a copy of such preventive
\nmaintenance contract and paid invoices for the recommended work. All vinyl wall
\nsurfaces and floor tile are to be maintained in an as good a condition as when
\nTenant took possession free of holes, gouges, or defacements. Tenant agrees to
\nlimit attachments to vinyl wall surfaces exclusively to V-joints. Tenant agrees
\nto water, maintain and replace, when necessary, any shrubbery and landscaping.<\/p>\n
Page 4<\/p>\n
Notwithstanding anything to the contrary in this Lease, if Tenant’s maintenance
\nor repair obligations as set forth in this Lease would require Tenant to perform
\nor pay for any item which (i) would be properly be capitalized under generally
\naccepted accounting principles, and (ii) costs in excess of $25,000.00 per
\noccurrence, then Landlord shall perform such repair or make such replacement
\npromptly following written notice by Tenant of the need therefor and the cost of
\nsuch item or improvement shall be allocated as follows: Tenant shall pay to
\nLandlord within ten (10) days after receipt of Landlord’s written demand and
\nsupporting documentation a proportion of the cost equal to the actual cost of
\nsuch improvement or item as paid by landlord to third parties times a fraction,
\nthe numerator of which is the number of months remaining in the initial Lease
\nTerm, and the denominator of which is the useful life of the improvement in
\nmonths, and Landlord shall pay the balance of such cost.<\/p>\n
12. HAZARD INSURANCE: Tenant shall not use, or permit said Premises, or any
\npart thereof, to be used, for any purpose other than that for which the said
\nPremises am hereby leased; and no use shall be made or permitted to be made of
\nthe said Premises, nor acts done, which will cause an increase in premiums or a
\ncancellation of any insurance policy covering said Building, or any part
\nthereof, nor shall Tenant sell or permit to be kept, used or sold, in or about
\nsaid Premises, any article which may be prohibited by the standard form of fire
\ninsurance policies. Tenant shall, at its sole cost and expense, comply with any
\nand all requirements, pertaining to said Premises, of any insurance organization
\nor company, necessary for the maintenance of reasonable fire and public
\nliability insurance, covering said Building and appurtenances. The Landlord
\nagrees to purchase and keep in force fire, earthquake (at Landlord’s election),
\nand extended coverage insurance covering the Premises in amounts not to exceed
\nthe actual insurable value of the Building as determined by Landlord’s insurance
\ncompany’s appraisers. The Tenant agrees to pay to the Landlord as additional
\nrent, on demand, the full cost of said insurance as evidenced by insurance
\nbillings to the Landlord, and in the event of damage covered by said insurance,
\nthe amount of any deductible under such policy. Tenant shall have the to
\nspecify the amount of any insurance policy to be carried by Landlord under this
\nLease and shall reimburse Landlord for the premiums payable with respect to
\ninsurance policies for which Tenant is responsible containing the deductible so
\nspecified by Tenant or on insurance policies for which Tenant fails to specify a
\ndeductible amount within ten (10) days following Landlord’s written demand for
\nsuch deductible specification. In the event of damage to the Premises covered by
\nLandlord’s “all risk” casualty policy (and not caused by the negligence or
\nwillful misconduct of Landlord or Landlord’s employees, agents, contractors,
\nsubcontractors, or invitees), Tenant shall pay the amount of any deductible
\nunder such policy if this Lease is not terminated in connection with such
\ncasualty as provided in paragraph 28. Payment shall be due to Landlord within
\nten (10) days after written invoice to Tenant. Notwithstanding the foregoing,
\nTenant’s obligation to pay for the cost of any earthquake insurance premiums
\nshall be limited to an amount equal or less than four (4) times the cost of the
\nfire and extended coverage premiums.<\/p>\n
In addition, Tenant agrees to insure its personal property, additions,
\nalterations, and improvements for their full replacement value (without
\ndepreciation) and to obtain worker’s compensation and public liability and
\nproperty damage insurance for occurrences within the Premises of $5,000,000.00
\ncombined single limit for bodily injury and property damage. Tenant shall name
\nLandlord and Landlord’s lender as an additional insured, shall deliver a copy of
\nthe policies and renewal certificate to Landlord. All such policies shall
\nprovide for thirty (30) days’ prior written notice to Landlord of any
\ncancellation or termination. Notwithstanding the above, Landlord retains the
\nright to have Tenant provide other forms of insurance which may be reasonably
\nrequired to cover future risks.<\/p>\n
It is understood and agreed that Tenant’s obligation under this paragraph will
\nbe prorated to reflect the commencement and termination dates of this Lease.
\nLandlord and Tenant hereby waive any rights each may have against the other on
\naccount of any loss or damage occasioned to the Landlord or the Tenant as the
\ncase may be, or to the Premises or its contents, and which may arise from any
\nrisk covered by their respective insurance policies, as set forth above. The
\nparties shall use their best efforts to obtain from their respective insurance
\ncompanies a waiver of any right of subrogation which said insurance company may
\nhave against the Landlord or the Tenant, as the case may be.<\/p>\n
13. TAXES: Tenant shall be liable for all taxes levied against personal
\nproperty and trade or business fixtures, and agrees to pay, as additional
\nrental, all real estate taxes and special<\/p>\n
Page 5<\/p>\n
assessment installments levied on the Premises, upon the occupancy of the
\nPremises and including any substitute or additional charges which may be imposed
\nduring, or applicable to the Lease term including real estate tax increases due
\nto a sale or other transfer of the Premises, as they appear on the City and
\nCounty tax bills during the Lease term, and as they be, come due. It is
\nunderstood and agreed that Tenant’s obligation under this paragraph will be
\nprorated to reflect the commencement and termination dates of this Lease. In any
\ntime during the term of this Lease a tax, excise on rents, business license tax,
\nor any other tax, however described, is levied or assessed against Landlord, as
\na substitute or addition in whole or in part for taxes assessed or imposed on
\nland or Buildings, Tenant shall pay and discharge his pro rata share of such tax
\nor excise on rents or other tax before it becomes delinquent, except that this
\nprovision is not intended to cover income taxes, inheritance, gift or estate tax
\nimposed upon the Landlord. In the event that a tax is placed, levied, or
\nassessed against Landlord and the taxing authority takes the position that
\nTenant cannot pay and discharge his pro rata share of such tax on behalf of the
\nLandlord, then at the sole election of the Landlord, the Landlord may increase
\nthe rental charged hereunder by the exact amount of such tax.<\/p>\n
14. UTILITIES: Tenant shall pay directly to the providing utility all water,
\ngas, heat, light, power, telephone and other utilities supplied to the Premises.
\nLandlord shall not be liable for a loss of or injury to property, however
\noccurring, through or in connection with or incidental to furnishing or failure
\nto furnish any of utilities to the Premises and Tenant shall not be entitled to
\nabatement or reduction of any portion of the rent so long as any failure to
\nprovide and furnish the utilities to the Premises due to any cause beyond the
\nLandlord’s reasonable control.<\/p>\n
15. ABANDONMENT: Tenant shall not vacate or abandon the Premises at any time
\nduring the term; and if Tenant shall abandon, vacate or surrender said Premises,
\nor be dispossessed by process of law, or otherwise, any personal property
\nbelonging to Tenant and left on the Premises shall be deemed to be abandoned, at
\nthe option of Landlord, except such property as may be mortgaged to Landlord.<\/p>\n
16. FREE FROM LIENS: Tenant shall keep the Premises and the Building free from
\nany liens arising out of any work performed, materials furnished, or obligations
\nincurred by Tenant.<\/p>\n
17. COMPLIANCE WITH GOVERNMENTAL REGULATIONS: Tenant shall, at its sole cost
\nand expense, comply with all of the requirements of all Municipal, State and
\nFederal authorities now in force, or which may hereafter be in force, pertaining
\nto the said Premises, and shall faithfully observe in the uses of the Premises
\nall Municipal ordinances and State and Federal statutes now in force or which
\nmay hereafter be in force. The judgement of any court of competent jurisdiction,
\nor the admission of Tenant in any action or proceeding against Tenant, whether
\nLandlord be a party thereto or not, that Tenant has violated any such ordinance
\nor statute in the use of the Premises, shall be conclusive of that fact as
\nbetween Landlord and Tenant.<\/p>\n
18. TOXIC WASTE AND ENVIRONMENTAL DAMAGE: Without the prior written consent
\nof Landlord, Tenant shall not bring, use, or permit upon the Premises, or
\ngenerate, emit, or dispose from the Premises any chemicals, toxic or hazardous
\ngaseous, liquid or solid materials or waste, including without limitation,
\nmaterial or substance having characteristics of ignitability, corrosivity,
\nreactivity, or toxicity or substances or materials which are listed on any of
\nthe Environmental Protection Agency’s lists of hazardous wastes or which am
\nidentified in Sections 66680 through 66685 of Title 22 of the California
\nAdministrative Code as the same may be amended from time to time (“Hazardous
\nMaterials”). Tenant shall comply, at its sole cost, with all laws pertaining to,
\nand shall indemnify and hold Landlord harmless from any claims, liabilities,
\ncosts or expenses incurred or suffered by Landlord arising from such bringing,
\nusing, permitting, generating, emitting or disposing of Hazardous Materials.
\nTenant’s indemnification and hold harmless obligations include, without
\nlimitation, (i) claims, liability, costs or expenses resulting from or based
\nupon administrative, judicial (civil or criminal) or other action, legal or
\nequitable, brought by any private or public person under common law or under the
\nComprehensive Environmental Response. Compensation and Liability Act of 1980
\n(“CERCLA”), the Resource Conservation and Recovery Act of 1980 (“RCRA”) or any
\nother Federal, State, County or Municipal law, ordinance or regulation, (ii)
\nclaims, liabilities, costs or expenses pertaining to the identification,
\nmonitoring, cleanup, containment, or removal of Hazardous Materials from soils,
\nriverbeds or aquifers including the provision of an alternative public drinking
\nwater source, and (iii) all costs of defending such claims.<\/p>\n
Page 6<\/p>\n
In order to obtain consent, Tenant shall deliver to Landlord its written
\nproposal describing the toxic material to be brought onto the Premises, measures
\nto be taken for storage and disposal thereof, safety measures to be employed to
\nprevent pollution of the air, ground, surface and ground water. Landlord’s
\napproval may be withheld in its reasonable judgement. In the event Landlord
\nconsents to Tenant’s use of Hazardous Materials on the Premises. Tenant
\nrepresents and warrants that Tenant will (i) adhere to all reporting and
\ninspection requirements imposed by Federal, State, County or Municipal laws,
\nordinances or regulations and will provide Landlord a copy of any such reports
\nor agency inspections, (ii) obtain and provide Landlord copies of all necessary
\npermits required for the use and handling Hazardous Materials on the Premises,
\n(iii) enforce Hazardous Materials handling and disposal practices consistent
\nwith industry standards, and (iv) properly close the facility with regard to
\nHazardous Materials including the removal or decontamination of any process
\npiping, mechanical ducting, storage tanks, containers, or trenches which have
\ncome into contact with Hazardous Materials and obtain a closure certificate from
\nthe local administering agency. Tenant shall have the right to approve the
\nselection of Landlord’s attorneys and the attorney’s fee schedule prior to the
\nengagement by Landlord of any attorneys pursuant to this paragraph 18.<\/p>\n
19. INDEMNITY: As a material part of the consideration to be rendered to
\nLandlord, Tenant hereby waives all claims against Landlord for damages to goods,
\nwares and merchandise, and all other personal property in, upon or about said
\nPremises and for injuries to persons in or about said Premises, from any cause
\narising at any time except due to the negligence or willful misconduct of
\nLandlord, and Tenant will hold Landlord exempt and harmless from any damage or
\ninjury to any person, or to the goods, wares and merchandise and all other
\npersonal property of any person, arising from the use of the Premises by Tenant,
\nor from the failure of Tenant to keep the Premises in good condition and repair,
\nas herein provided. Further, in the event Landlord is made party to any
\nlitigation due to the acts or omission of Tenant, Tenant will indemnify and hold
\nLandlord harmless from any such claim or liability including Landlord’s costs
\nand expenses and reasonable attorney’s fees incurred in defending such claims.
\nTenant shall have the right to approve the selection of Landlord’s attorneys and
\nthe attorney’s fee schedule prior to the engagement by Landlord of any attorneys
\npursuant to this paragraph 19.<\/p>\n
20. ADVERTISEMENTS AND SIGNS: Tenant will not place or permit to be placed,
\nin, upon or about the said Premises any unusual or extraordinary signs, or any
\nsigns not approved by the city or other governing authority. The Tenant will not
\nplace, or permit to be placed, upon the Premises, any signs, advertisements or
\nnotices without the written consent of the Landlord as to type, size, design,
\nlettering, coloring and location, and such consent will not be unreasonably
\nwithheld. Any sign so placed on the Premises shall be so placed upon the
\nunderstanding and agreement that Tenant will remove same at the termination of
\nthe Lease and repair any damage or injury to the Premises caused thereby, and if
\nnot so removed by Tenant then Landlord may have same so removed at Tenant’s
\nexpense.<\/p>\n
21. ATTORNEY’S FEES: In case suit should be brought for the possession of
\nthe Premises, for the recovery of any sum due hereunder, or because of the
\nbreach of any other covenant herein, the losing party shall pay to the
\nprevailing party a reasonable attorney’s fee as part of its costs which shall be
\ndeemed to have accrued on the commencement of such action.<\/p>\n
22. TENANT’S DEFAULT: The occurrence of any of the following shall
\nconstitute a material default and breach of this Lease by Tenant: a) Any failure
\nby Tenant to pay the rental or to make any other payment required to be made by
\nTenant hereunder, where such failure continues for ten (10) days after written
\nnotice thereof by Landlord to Tenant; b) The abandonment or vacation of the
\nPremises by Tenant; c) A failure by Tenant to observe and perform any other
\nprovision of this Lease to be observed or performed by Tenant, where such
\nfailure continues for thirty (30) days after written notice thereof by Landlord
\nto Tenant; provided, however, that if the nature of such default is such that
\nthe same cannot reasonably be cured within such thirty (30) day period Tenant
\nshall not be deemed to be in default if Tenant shall within such period commence
\nsuch cure and thereafter diligently prosecute the same to completion; d) The
\nmaking by Tenant of any general assignment for the benefit of creditors; the
\nfiling by or against Tenant of a petition to have Tenant adjudged a bankrupt or
\nof a petition for reorganization or arrangement under any law relating to
\nbankruptcy (unless, in the case era petition fried against Tenant, the same is
\ndismissed after the filing); the appointment of a trustee or receiver to take
\npossession of substantially all of Tenant’s assets located at the Premises or of
\nTenant’s interest in this Lease, where possession is<\/p>\n
Page 7<\/p>\n
not restored to Tenant within thirty (30) days; or the attachment, execution or
\nother judicial seizure of substantially all of Tenant’s assets located at the
\nPremises or of Tenant’s interest in this Lease, where such seizure is not
\ndischarged within thirty (30) days. The notice requirements set forth herein are
\nin lieu of and not in addition to the notices required by California Code of
\nCivil Procedure Section 1161.<\/p>\n
22.(a) Remedies: In the event of any such default by Tenant, then in
\naddition to any other remedies available to Landlord at law or in equity,
\nLandlord shall have the immediate option to terminate this Lease and all rights
\nof Tenant hereunder by giving written notice of such intention to terminate. In
\nthe event Landlord shall elect to so terminate this Lease, Landlord may recover
\nfrom Tenant: a) the worth at the time of award of any unpaid rent which had been
\nearned at the time of such termination; plus b) the worth at the time of award
\nof the amount by which the unpaid rent would have been earned after termination
\nuntil the rime of award exceeds the amount of such rental loss Tenant proven
\ncould have been reasonably avoided; plus c) the worth at the time of award of
\nthe amount by which the unpaid rent for the balance of the term after the time
\nof award exceeds the amount of such rental loss that Tenant proves could Be
\nreasonably avoided; plus d) any other amount necessary to compensate Landlord
\nfor all the detriment proximately caused by Tenant’s failure to perform his
\nobligations under this Lease or which in the ordinary come of things would be
\nlikely to result therefrom, and c) at Landlord’s election, such other amounts in
\naddition to or in lieu of the foregoing as may be permitted from time to time by
\napplicable California law. The term “rent”, as used herein, shall be deemed to
\nbe and to mean the minimum monthly installments of rent and all other sums
\nrequired to be paid by Tenant pursuant to the terms of this Lease, all other
\nsuch sums being deemed to be additional rent due hereunder. As used in (a) and
\n(b) above, the “worth at the time of award” is computed by allowing interest at
\nthe rate of the discount rate of the Federal Reserve Bank of San Francisco plus
\nfive (5%) percent per annum. As used in (c) above, “worth at the time of award
\nis computed by discounting such amount at the discount rate of the Federal
\nReserve Bank of San Francisco at the time of award plus one (1%) percent.<\/p>\n
22.(b) Right to Re-enter: In the event of any such default by Tenant,
\nLandlord shall also have the right, with or without terminating this Lease, to
\nre-enter the Premises and remove all persons and property from the Premises;
\nsuch property may be removed and stored in a public warehouse or elsewhere at
\nthe cost of and for the account of Tenant.<\/p>\n
22.(c) Abandonment: In the event of the vacation or abandonment of the
\nPromises by Tenant or in the event that Landlord shall elect to re-enter as
\nprovided in paragraph 22.(b) above or shall take possession of the Premises
\npursuant to legal proceeding or pursuant to any notice provided by law, then if
\nLandlord does not elect to terminate this Lease as provided in paragraph 22.(a)
\nabove, then the provisions of California Civil Coda Section 1951.4, as amended
\nfrom time to time, shall apply and Landlord may from time to time, without
\nterminating this Lease, either recover all rental as it becomes due or relet the
\nPromises or any part thereof for such term or terms and at such rental or
\nrentals and upon such other terms and conditions as Landlord in its sole
\ndiscretion may deem advisable with the right to make alterations and repairs to
\nthe Premises. In the event that Landlord shall elect to so relet, then rentals
\nreceived by Landlord from such reletting shall be applied: first, to the payment
\nof any indebtedness other than rent due hereunder from Tenant to Landlord;
\nsecond, to the payment of any cost of such reletting; third, to the payment of
\nthe cost of any alterations and repairs to the Premises; fourth, to the payment
\nof rent due and unpaid hereunder; and the residue, if any, shall be held by
\nLandlord and applied in payment of future rent as same may become due and
\npayable hereunder. Should that portion of such rentals received from such
\nreletting during any month, which is applied by payment of rent hereunder, be
\nless than the rent payable during that month by Tenant hereunder, then Tenant
\nshall pay such deficiency to Landlord immediately upon demand therefor by
\nLandlord. Such deficiency shall be calculated and paid monthly. Tenant shall
\nalso pay to Landlord, as soon as ascertained, any costs and expenses incurred by
\nLandlord in such reletting or in making such alterations and repairs not covered
\nby the rentals received from such reletting.<\/p>\n
22.(d) No Termination: No re-entry or taking possession of the Premises by
\nLandlord pursuant to 22.(a) or 22.(c) of this Article 22 shall be construed as
\nan election to terminate this Lease unless a written notice of such intention be
\ngiven to Tenant or unless the termination thereof be decreed by a court of
\ncompetent jurisdiction. Notwithstanding any reletting without termination by
\nLandlord because of any default by Tenant, Landlord may at any time after such
\nreletting elect to terminate this Lease for any such default.<\/p>\n
Page 8<\/p>\n
23. SURRENDER OF LEASE: The voluntary or other surrender of this Lease by
\nTenant, or a mutual cancellation thereof, shall not automatically effect a
\nmerger of the Lease with Landlord’s ownership of the Building or Premises.
\nInstead, at the option of Landlord, Tenant’s surrender may terminate all or any
\nexisting sublease or subtenancies, or may operate as an assignment to Landlord
\nof any or all such subleases or subtenancies, thereby creating a direct
\nLandlord-Tenant relationship between Landlord and any subtenants.<\/p>\n
24. HABITUAL DEFAULT: Notwithstanding anything to the contrary contained in
\nparagraph 22, 22 (a) (b) (c) and (d), the parties hereto agree that if the
\nTenant shall have defaulted in the performance of any (but not necessarily the
\nsame) term or condition of this Lease for three or more times during any twelve
\nmonth period during the term hereof, then such conduct shall, at the election of
\nthe Landlord, represent a separate event of default which cannot be cured by the
\nTenant. Tenant acknowledges that the purpose of this provision is to prevent
\nrepetitive defaults by the Tenant under the Lease, which work a hardship upon
\nthe Landlord, and deprive the Landlord of the timely performance by the Tenant
\nhereunder.<\/p>\n
25. LANDLORD’S DEFAULT: In the event of Landlord’s failure to perform any of
\nits covenants or agreements under this Lease, Tenant shall give Landlord written
\nnotice of such failure and shall give Landlord thirty (30) days or such other
\nreasonable opportunity to cure such failure prior to any claim for breach or for
\ndamages resulting from such failure.<\/p>\n
26. NOTICES: All notices required to be given under this Lease shall be sent
\nby U.S. certified mail, return receipt requested, or by personal delivery
\naddressed to the party to be notified at the address for such party specified in
\nparagraph 1 of this Lease, or to such other place as the party to be notified
\nmay from time to time designate by at least fifteen (15) days notice to the
\nnotifying party.<\/p>\n
27. ENTRY BY LANDLORD: Tenant shall permit Landlord and his agents to enter
\ninto and upon said Premises at all reasonable times subject to any security
\nregulations of Tenant for the purpose of inspecting the same or for the purpose
\nof maintaining the Premises or for the purpose of making repairs, alterations or
\nadditions to any other portion of said Premises or for the purpose of erecting
\nadditional building(s) and improvements on the land where the Premises are
\nsituated, or on adjacent land owned by Landlord, including the erection and
\nmaintenance of such scaffolding, canopies, fences and props as may be required
\nwithout any rebate of rent or without any liability to Tenant for any loss of
\noccupation or quiet enjoyment of the Premises thereby occasioned; and Tenant
\nshall permit Landlord and his agents, at any time within one hundred eighty
\n(180) days prior to the expiration of this Lease, to place upon the Premises any
\n“For Sale” or “For Lease” signs and exhibit the Premises to prospective tenants
\nat reasonable hours.<\/p>\n
28. DESTRUCTION OF PREMISES: In the event of a partial destruction of the
\nPremises by an insured causality during the term from any cause, Landlord shall
\nforthwith repair the same, provided such repairs can be made within one hundred
\neighty (180) days from the date of receipt of all necessary governmental
\napprovals necessary under the laws and regulations of State, Federal, County or
\nMunicipal authorities, such partial destruction shall in no way annul or void
\nthis Lease, except that Tenant shall be entitled to a proportionate reduction of
\nrent while such repairs are being made, such proportionate reduction to be based
\nupon the extent to which the making of such repairs shall interfere with the
\nbusiness carried on by Tenant in the Premises, in the reasonable judgement of
\nLandlord. For purposes of this paragraph “partial destruction” shall mean
\ndestruction of no greater than one-third (1\/3) of the replacement cost of the
\nPremises, including the replacement cost of the Tenant Improvements paid for by
\nLandlord. In the event the Premises are more than partially destroyed, or in the
\nevent the repairs cannot be made in one hundred eighty (180) days, Landlord or
\nTenant may elect to terminate this Lease. Landlord shall not be required to
\nrestore additions, alterations or improvements made by Tenant or replace
\nTenant’s fixtures or personal property. In respect to any partial destruction
\nwhich Landlord is obligated to repair or may elect to repair under the terms of
\nthis paragraph, the provision of Section 1932, Subdivision 2, and of Section
\n1933, Subdivision 4, of the Civil Code of the State of California am waived by
\nTenant.<\/p>\n
In the event of a total or partial destruction of the Premises by an uninsured
\ncasualty, the Lease shall automatically terminate, unless (i) Landlord elects to
\nrebuild, and (ii) the damage can be repaired within one hundred eighty (180)
\ndays.<\/p>\n
Page 9<\/p>\n
29. ASSIGNMENT OR SUBLEASE: In the event Tenant desires to assign this Lease or
\nany interest therein including, without limitation, a pledge, mortgage or other
\nhypothecation, or sublet the Premises or any part thereof, Tenant shall deliver
\nto Landlord executed counterparts of any such agreement and of all ancillary
\nagreements with the proposed assignee or subtenant, financial statements, and
\nany additional information as reasonably required to determine whether it will
\nconsent to the proposed assignment or sublease. The notice shall give the name
\nand current address of the proposed assignee\/subtenant, proposed use of the
\nPremises, rental rate and current financial statement and upon request to
\nTenant, Landlord shall be given additional information as reasonably required to
\ndetermine whether it will consent to the proposed assignment or sublease.
\nLandlord shall then have a period of thirty (30) days following receipt of such
\nnotice within which to notify Tenant in writing that Landlord elects (i) to
\nterminate this Lease as to the space to affected as of the date so specified by
\nTenant in which event Tenant will be relieved of all further obligations
\nhereunder as to such space, (ii) to permit Tenant to assign or sublet such space
\nto the named assignee\/subtenant on the terms and conditions set forth in the
\nnotice, or (iii) to refuse consent. If Landlord should fail to notify Tenant in
\nwriting of such election within said thirty (30) day period, Landlord shall be
\ndeemed to have elected option (ii) above. Any rent or other economic
\nconsideration realized by Tenant under any such sublease and assignment in
\nexcess of the rent payable hereunder (including an allocation of the purchase
\nprice attributable to Tenant’s leasehold interest in the event of a sale of the
\nTenant’s business), after the net unamortized cost of the Tenant Improvements
\nfor which Tenant has itself paid, and reasonable subletting and assignment
\ncosts, shall be divided and paid sixty-seven percent (67%) to Landlord and
\nthirty-three percent (33%) to Tenant. Tenant’s obligation to pay over Landlord’s
\nportion of the consideration shall constitute an obligation for additional rent
\nhereunder. The above provisions relating to Landlord’s right to terminate the
\nLease and relating to the allocation of bonus rent are independently negotiated
\nterms of the Lease, constitute a material inducement for the Landlord to enter
\ninto the Lease, and are agreed as between the parties to be commercially
\nreasonable. No assignment or subletting by Tenant shall relieve Tenant of any
\nobligation under this Lease. Any assignment or subletting which conflicts with
\nthe provisions hereof shall be void.<\/p>\n
If Landlord exercises its option to terminate this Lease in part in the event
\nTenant desires to sublet or assign part of the Premises, then (a) this Lease
\nshall end and expire, with respect to such part of the Premises, on the date
\nupon which the proposed sublease was to commence, and (b) from and after such
\ndate, the rent and Tenant’s allocable share of all other costs and charges shall
\nbe adjusted, based upon the proportion that the rentable area of the Premises
\nremaining bears to the total rentable area of the Premises.<\/p>\n
If Landlord does not exercise its option to terminate this Lease, Landlord’s
\nconsent (which must be in writing and in form reasonably satisfactory to
\nLandlord) to the proposed assignment or sublease shall not be unreasonably
\nwithheld or delayed, provided and upon condition that:<\/p>\n
(a) The proposed assignee or subtenant is engaged in a business that is limited
\nto the use expressly permitted under this Lease;<\/p>\n
(b) The proposed assignee or subtenant is a company with sufficient financial
\nworth and management ability to undertake the financial obligation of this
\nLease, and Landlord has been furnished with reasonable proof thereof;<\/p>\n
(c) The proposed sublease shall be in form reasonably satisfactory to Landlord;<\/p>\n
(d) The amount of the aggregate rent to be paid by the proposed subtenant is not
\nless than the then current “Fair Market Value” as defined in paragraph 38 below;<\/p>\n
(e) Tenant shall reimburse Landlord on demand for any costs that may be incurred
\nby Landlord in connection with said assignment or sublease, including the costs
\nof making investigations as to the acceptability of the proposed assignee or
\nsubtenant and legal costs incurred in connection with the granting of any
\nrequested consent; and<\/p>\n
(f) Tenant shall not have advertised or publicized in any way the availability
\nof the Premises without prior notice to, and approval by Landlord.<\/p>\n
Page 10<\/p>\n
Any assignment or transfer shall be made only if and shall not be effective
\nuntil the assignee shall execute, acknowledge and deliver to Landlord an
\nagreement, in form and substance satisfactory to Landlord, whereby the assignee
\nshall assume all of the obligations of this Lease on the part of Tenant to be
\nperformed or observed and shall be subject to all of the covenants, agreements,
\nterms, provisions and conditions contained in this Lease. Notwithstanding any
\nsuch sublease or assignment and the acceptance of rent or additional rent by
\nLandlord from any subtenant or assignee, Tenant shall and will remain fully
\nliable for the payment of the rent and additional rent due, and to become due
\nhereunder, for the performance of all of the covenants, agreements, terms,
\nprovisions and conditions contained in this Lease on the part of Tenant to be
\nperformed and for all acts and omissions of any licensee, subtenant, assignee or
\nany other person claiming under or through any subtenant that shall be in
\nviolation of any of the obligations of this Lease, and any such violation shall
\nbe deemed to be a violation by Tenant. Tenant shall further indemnify, defend
\nand hold Landlord harmless from and against any and all losses, liabilities,
\ndamages, costs and expenses (including reasonable attorney fees) resulting from
\nany claims that may be made against Landlord by the proposed assignee or
\nsubtenant or by any real estate brokers or other persons claiming a commission
\nor similar compensation in connection with the proposed assignment or sublease.<\/p>\n
In the event of Tenant’s default, Tenant hereby assigns all rents due from any
\nassignment or subletting to Landlord as security for performance of its
\nobligations under this Lease and Landlord may collect such rents as Tenant’s
\nAttorney-in-Fact, except that Tenant may collect such rents unless a default
\noccurs as described in paragraph 22 above. The termination of this Lease due to
\nTenant’s default shall not automatically terminate any assignment or sublease
\nthen in existence. At the election of Landlord, the assignee or subtenant shall
\nattorn to Landlord and Landlord shall undertake the obligations of the Tenant
\nunder the sublease or assignment; provided the landlord shall not be liable for
\nprepaid rent, security deposits or other defaults of the Tenant to the subtenant
\nor assignee.<\/p>\n
If Tenant is a corporation or partnership, all the above provisions shall apply
\nto a transfer (by one or more transfers) of a majority of the stock of the
\ncorporation or the majority of ownership or control of the partnership, as if
\nsuch transfer were an assignment of this Lease.<\/p>\n
30. CONDEMNATION: If any part of the Premises shall be taken for any public or
\nquasi-public use, under any statute or by right of eminent domain or private
\npurchase in lieu thereof, and a part thereof remains which is susceptible of
\noccupation hereunder, this Lease shall as to the part so taken, terminate as of
\nthe date title shall vest in the condemnor or purchaser, and the rent payable
\nhereunder shall be adjusted so that the Tenant shall be required to pay for the
\nremainder of the term only such portion of such rent as the value of the part
\nremaining after such taking bears to the value of the entire Premises prior to
\nsuch taking;, but in such event Landlord shall have the option to terminate this
\nLease as of the date when title to the part so taken vests in the condemnor or
\npurchaser. If all of the Premises, or such part thereof be taken so that there
\ndoes not remain a portion susceptible for occupation hereunder, this Lease shall
\nthereupon terminate. If a part or all of the Premises be taken, all compensation
\nawarded upon such taking shall go to the Landlord and the Tenant shall have no
\nclaim thereto but Landlord shall cooperate with Tenant to mover compensation for
\ndamage to or taking of any alterations, additions or improvements made by Tenant
\nor Tenant’s moving costs. Tenant hereby waives the provisions of California Code
\nof Civil Procedures Section 1265.130.<\/p>\n
31. EFFECTS OF CONVEYANCE: The term Landlord as used in this Lease, means only
\nthe owner for the time being of the land and Building, containing the Premises,
\nso that, in the event of any sale of said land or Building, or in the event of a
\nmaster Lease of the Building, the Landlord shall be and hereby is entirely freed
\nand relieved of all covenants and obligations of the Landlord hereunder, and it
\nshall be deemed and construed, without further agreement between the parties and
\nthe purchaser at any such sale, or the master tenant of the Building, that the
\npurchaser or master tenant of the Building has assumed and agreed to carry out
\nany and all covenants and obligations of the Landlord hereunder. Landlord shall
\ntransfer and deliver Tenant’s security deposit, to the purchaser at any such
\nsale or the master tenant of the Building, and thereupon the Landlord shall be
\ndischarged from any further liability in reference thereto.<\/p>\n
32. SUBORDINATION: In the event Landlord notifies Tenant in writing, this Lease
\nshall be subordinate to any ground Lease, deed of trust, or other hypothecation
\nfor security now or<\/p>\n
Page 11<\/p>\n
hereafter placed upon the real property of which the Premises are a part and to
\nany and all advances made on the security the, roof and to renewals,
\nmodifications, replacements and extensions thereof. Tenant agrees to promptly
\nexecute any documents which may be required to effectuate such subordination.
\nNotwithstanding such subordination, Tenant’s right to quiet possession of the
\nPremises shall not be disturbed if Tenant is not in default and so long as
\nTenant shall pay the rent and observe and perform all of the provisions of this
\nLease. At the request of any lender, Tenant agrees to execute and deliver any
\nreasonable modifications of this Lease which do not materially adversely affect
\nTenant’s s hereunder.<\/p>\n
33. WAIVER: The waiver by Landlord of any breach of any term, covenant or
\ncondition, herein contained shall not be deemed to be a waiver of such term,
\ncovenant or condition or any subsequent breach of the same or any other term,
\ncovenant or condition herein contained. The subsequent acceptance of rent
\nhereunder by Landlord shall not be deemed to be a waiver of any preceding breach
\nby Tenant of any term, covenant or condition of this Lease, other than the
\nfailure of Tenant to pay the particular rental so accepted, regardless of
\nLandlord’s knowledge of such preceding breach at the time of acceptance of such
\nrent.<\/p>\n
34. HOLDING OVER: Any holding over after the termination or expiration of
\nthe said term, shall be construed to be a hold over tenancy and Tenant shall pay
\nrent to Landlord at a rate equal to the greater of (i) one hundred fifty percent
\n(150%) of the monthly rental installment due in the month preceding the
\ntermination or expiration of the Lease, pro rated on a daily basis or (ii) one
\nhundred fifty percent (150%) of the Fair Market Rental (as defined in paragraph
\n37), pro rated on a daily basis. Any holding over shall otherwise be on the
\nterms and conditions herein specified, except those provisions relating to the
\nterm and any options to extend or renew, which terms are expressly waived during
\nany hold over. Furthermore, no holding over shall be deemed or construed to
\nexercise any option to extend or renew this Lease in lieu of full and timely
\nexercise of any such option as required hereunder.<\/p>\n
35. SUCCESSORS AND ASSIGNS: The covenants and conditions herein contained
\nshall, subject to the provisions as to assignment, apply to and bind the heirs,
\nsuccessors, executors, administrators and assigns of all the parties hereto; and
\nall of the parties hereto shall be jointly and severally liable hereunder.<\/p>\n
36. ESTOPPEL CERTIFICATES: Tenant shall at any time during the term of this
\nLease, upon not less than ten (10) days prior written notice from Landlord,
\nexecute and deliver to Landlord a statement in writing certifying that this
\nLease is unmodified and in full force and effect (or, if modified, stating the
\nnature of such modification) and the date to which the rent and other charges
\nare paid in advance, if any, and acknowledging that there are not, to Tenant’s
\nknowledge, any uncured defaults on the part of Landlord hereunder or specifying
\nsuch defaults if they are claimed. Any such statement may be conclusively relied
\nupon by any prospective purchaser or encumbrancer of the Premises. Tenant’s
\nfailure to deliver such statement within such time shall be conclusive upon the
\nTenant that: (a) this Lease is in full force and effect, without modification
\nexcept as may be represented by Landlord; (b) there are not uncured defaults in
\nLandlord’s performance. Tenant also agrees to provide thee (3) years of audited
\nfinancial statements within five (5) days of a request by Landlord for
\nLandlord’s use in financing the Premises with commercial lenders.<\/p>\n
37. OPTION TO EXTEND THE TERM: Landlord hereby grants to Tenant, upon and
\nsubject to the terms and conditions set forth in this paragraph, the option (the
\n“Option”) to extend the term of this Lease for an additional term (the “Option
\nTerm”), which option Term shall be a period of Sixty (60) months. The Option
\nTerm shall be exercised, if at all, by written notice to Landlord on or before
\nthe date that is six (6) months prior to the expiration date of the initial term
\nof the Lease. If Tenant exercises the Option, each of the terms, covenants and
\nconditions of this Lease except this paragraph shall apply during the Option
\nTerm as though the expiration date of the Option Term was the date originally
\nset forth herein as the expiration date of the initial term, provided that the
\nrent to be paid shall be the greater of (i) the rent applicable to the period
\nimmediately prior to the commencement of the Option Term, or (ii) the Fair
\nMarket Rental, as hereinafter defined, for the Premises for the Option Term.
\nAnything contained herein to the contrary notwithstanding, if Tenant is in
\nmonetary or material non-monetary default under any of the terms, covenants or
\nconditions of this Lease either at the time Tenant exercises the Option or at
\nany time thereafter prior to the commencement date of the Option Term, Landlord
\nshall have, in<\/p>\n
Page 12<\/p>\n
addition to all of Landlord’s other rights and remedies provided in this Lease,
\nthe right to terminate the Option upon notice to Tenant, in which event the
\nexpiration date of this Lease shall be and remain the expiration date of the
\ninitial term. As used herein, the term “Fair Market Rental” for the Premises
\nshall mean the base rent that Landlord could obtain during the Option Term from
\na third party desiring to lease the Premises for the Option Term, taking into
\naccount concessions being offered on the market at that time, the age of the
\nBuilding, the quality of construction of the Building and the Premises, the
\nservices provided under the terms of this Lease, the rental and other monetary
\npayments, any escalations and adjustments thereto (including without limitation
\nConsumer Price Indexing) then being obtained for new leases of space comparable
\nto the Premises in the locality of the Building, and all other factors that
\nwould be relevant to a third party desiring to lease the Premises for the Option
\nTerm in determining the rental such party would be willing to pay therefor. The
\ndetermination of Fair Market Value shall also take into account that (i) Tenant
\nis in occupancy and making functional use of the space in its then existing
\ncondition, and (ii) no brokerage commission is payable.<\/p>\n
If Tenant exercises the Option, Landlord shall send to Tenant a notice setting
\nforth the Fair Market Rental for the Premises for the Option Term, on or before
\nthe date that is one hundred fifty (150) days prior to the expiration date of
\nthe initial terra. If Tenant disputes Landlord’s determination of the Fair
\nMarket Rental for the Option Term, Tenant shall, within thirty (30) days after
\nthe date of Landlord’s notice setting forth the Fair Market Rental for the
\nOption Term, send to Landlord a notice stating that Tenant either (x) elects to
\nterminate its exercise of the Option, in which event the Option shall lapse and
\nthis Lease shall terminate on the expiration date of the initial term in the
\nmanner provided herein, or (y) disagrees with Landlord’s determination of Fair
\nMarket Rental for the Option Term and elects to resolve the disagreement as
\nprovided in paragraph 37(a) below, If Tenant does not send to Landlord a notice
\nas provided in the previous sentence, Landlord’s determination of the Fair
\nMarket Rental shall be the basis for determining the rent to be paid by Tenant
\nhereunder during the Option Term. If Tenant elects to resolve the disagreement
\nas provided in paragraph 37(a) below and such procedures shall not have been
\nconcluded prior to the commencement date of the Option Term, Tenant shall pay
\nrent to Landlord hereunder adjusted to reflect the Fair Market Rental as
\ndetermined by Landlord in the manner provided above. If the amount of Fair
\nMarket Rental as finally determined pursuant to in paragraph 37(a) below is
\ngreater than Landlord’s determination, Tenant shall pay to Landlord the
\ndifference between the amount paid by Tenant and the Fair Market Rental as so
\ndetermined in paragraph 37(a) below within thirty (30) days after the
\ndetermination. If the Fair Market Rental as finally determined in paragraph
\n37(a) below is less than Landlord’s determination, the difference between the
\namount paid by Tenant and the Fair Market Rental as so determined in paragraph
\n37(a) below shall be credited against the next installments of rent due from
\nTenant to Landlord hereunder.<\/p>\n
37(a). Resolution of a Disagreement over the Fair Market Rental: Any
\ndisagreement regarding the Fair Market Rental shall be resolved as follows:<\/p>\n
(i) Within thirty (30) days after Tenant’s response to Landlord’s notice to
\nTenant of the Fair Market Rental, Landlord and Tenant shall meet no less than
\ntwo (2) times, at a mutually agreeable time and place, to attempt to resolve any
\nsuch disagreement.<\/p>\n
(ii) If within the thirty (30) day period referred to in (i) above, Landlord
\nand Tenant can not reach agreement as to the Fair Market Rental, they shall each
\nselect one appraiser determine the Fair Market Rental. Each such appraiser shall
\narrive at a determination of the Fair Market Rental and submit their conclusions
\nto Landlord and Tenant within thirty (30) days after the expiration of the
\nthirty (30) day consultation period described in (i) above.<\/p>\n
(iii) If only one appraisal is submitted within the requisite time period, it
\nshall be deemed to be the Fair Market Rental. If both appraisals are submitted
\nwithin such time period and the two appraisals so submitted differ by less than
\nten percent (10%) of the higher of the two, the average of the two shall be the
\nFair Market Rental. If the two appraisals differ by more than ten percent (10%)
\nof the higher of the two, then the two appraisers shall immediately select a
\nthird appraiser who shall within thirty (30) days after his or her selection
\nmake a determination of the Fair Market Rental and submit such determination to
\nLandlord and Tenant. This third appraisal will then be averaged with the closer
\nof the two previous appraisals and the result shall be the Fair Market Rental.<\/p>\n
Page 13<\/p>\n
(iv) All appraisers specified pursuant to this paragraph shall be members of
\nthe American Institute of Real Estate Appraisers with not less than ten (10)
\nyears experience appraising commercial properties in the Santa Clara Valley.
\nEach party shall pay the cost of the appraiser selected by such party and one-
\nhalf of the cost of the third appraiser plus one-half of any other costs
\nincurred in resolving the dispute pursuant to this paragraph.<\/p>\n
38. OPTIONS: All Options provided Tenant in this Lease are personal and granted
\nto original Tenant and arc not exercisable by any third party should Tenant
\nassign or sublet all or a portion of its rights under this Lease, unless
\nLandlord consents to permit exercise of any option by any assignee or subtenant,
\nin Landlord’s sole discretion. In the event that Tenant hereunder has any
\nmultiple options to extend this Lease, a later option to extend the Lease cannot
\nbe exercised unless the prior option has been so exercised. Notwithstanding the
\nforegoing, the option shall be transferable or assignable to any entity that
\nacquires either a majority of the shares of stock of Tenant or a majority of the
\nassets of Tenant.<\/p>\n
39. QUIET ENJOYMENT: Upon Tenant’s faithful and timely performance of all the
\nterms and covenants of the Lease, Tenant shall quietly have and hold the
\nPremises for the term and any extensions thereof.<\/p>\n
40. BROKERS: Tenant represents it has not utilized or contacted a real estate
\nbroker or finder with respect to this Lease other than Cornish & Carey
\nCommercial and McMillan, Moore, Buchanan, and Tenant agrees to indemnify and
\nhold Landlord harmless against any claim, cost, liability or cause of action
\nasserted by any other broker or finder claiming through Tenant.<\/p>\n
41. LANDLORD’S LIABILITY: If Tenant should recover a money judgment against
\nLandlord arising in connection with this Lease, the judgment shall be satisfied
\nonly out of Landlord’s interest in the Premises including the improvements and
\nreal property and neither Landlord or any of its partners shall be liable
\npersonally for any deficiency.<\/p>\n
42. AUTHORITY OF PARTIES:<\/p>\n
42.(a) Corporate Authority: If Tenant is a corporation, each individual
\nexecuting this Lease on behalf of said corporation represents and warrants that
\nhe is duly authorized to execute and deliver this Lease on behalf of said
\ncorporation, in accordance with a duly adopted resolution of the Board of
\nDirectors of said corporation or in accordance with the by-laws of said
\ncorporation, and that this Lease is binding upon said corporation in accordance
\nwith its terms.<\/p>\n
42.(b) Limited Partnerships: If the Landlord herein is a limited partnership,
\nit is understood and agreed that any claims by Tenant on Landlord shall be
\nlimited to the assets of the limited partnership. And furthermore, Tenant
\nexpressly waives any and all rights to proceed against the individual partners
\nor the officers, directors or shareholders of any corporate partner, except to
\nthe extent of their interest in said limited partnership.<\/p>\n
43. TRANSPORTATION DEMAND MANAGEMENT PROGRAMS Should a government agency or
\nmunicipality require Landlord to institute TDM (Transportation Demand
\nManagement) facilities and\/or program, Tenant hereby agrees that the cost of TDM
\nimposed facilities required on the Premises, including but not limited to
\nemployee showers, lockers, cafeteria, or lunchroom facilities, shall be included
\nas Tenant Improvement Costs and any ongoing costs or expenses associated with a
\nTDM program, such as an on-site TDM coordinator, which arc required for the
\nPremises and not provided by Tenant shall be provided by Landlord with such
\ncosts being included as additional rent and reimbursed to Landlord by Tenant.<\/p>\n
44. MISCELLANEOUS PROVISIONS:
\nAll monetary sums due from Tenant to Landlord under this Lease shall be deemed
\nto be rent.<\/p>\n
Subject to the written notice and aim opportunity requirements of Paragraph 22
\nof this Lease, if after said notice and at the expiration of said cure period,
\nTenant has failed to perform any obligation required under this Lease or by law
\nor governmental regulation, Landlord may in its sole discretion without notice
\nperform such obligation, in which event Tenant shall pay Landlord as additional
\nrent all sums paid by Landlord in connection with such substitute performance
\nwithin ten (10) days following Landlord’s written notice for such payment.<\/p>\n
Page 14<\/p>\n
All sums due hereunder, including rent and additional rent, if not paid when
\ndue, shall bear interest at the maximum rate permitted under California law
\naccruing from the date due until the date paid to Landlord.<\/p>\n
All rights and remedies hereunder are cumulative and not alternative to the
\nextent permitted by law and are in addition to all other rights and remedies in
\nlaw and in equity.<\/p>\n
If any term or provision of this Lease is held unenforceable or invalid by a
\ncourt of competent jurisdiction, the remainder of the Lease shall not be
\ninvalidated thereby but shall be enforceable in accordance with its terms,
\nomitting the invalid or unenforceable term.<\/p>\n
This Lease shall be governed by and construed in accordance with California law.<\/p>\n
Time is of the essence hereunder.<\/p>\n
This instrument contains all of the agreements and conditions made between the
\nparties hereto and may not be modified orally or in any other manner than by an
\nagreement in writing signed by all of the parties hereto or their respective
\nsuccessors in interest.<\/p>\n
Tenant acknowledges that neither Landlord or its affiliates or agents have made
\nany agreements, representations, warranties or promises with respect to the
\ndemised Premises or the Building of which they are a part, or with respect to
\npresent or future rents, expenses, operations, tenancies or any other matter.
\nExcept as herein expressly set forth herein, Tenant relied on no statement of
\nLandlord or its agents for that purpose.<\/p>\n
The headings or titles to the paragraphs of this Lease are not a part of this
\nLease and shall have no effect upon the construction or interpretation of any
\npart thereof.<\/p>\n
IN WITNESS WHEREOF, Landlord and Tenant have executed these presents, the day
\nand year first above written.<\/p>\n
LANDLORD: THE SOBRATO GROUP TENANT: TIBURON SYSTEMS, INC.<\/p>\n
a California Limited Partnership a California Corporation<\/p>\n
BY: \/s\/ [ILLEGIBLE]^^ BY: \/s\/ [ILLEGIBLE]^^
\n —————————- —————————-<\/p>\n
ITS:___________________________ ITS:___________________________<\/p>\n
Page 15<\/p>\n
EXHIBIT “A”
\n Premises<\/p>\n
[Image]<\/p>\n
Page 16<\/p>\n
EXHIBIT “B”
\n Approved Preliminary Working Drawings<\/p>\n
Page 17<\/p>\n
EXHIBIT “C”
\n Approved Preliminary Budget<\/p>\n
Tiburon Preliminary Budget 5\/14\/91<\/p>\n
This budget is per Kobza’s drawings, sheets T-l, T-3 and T-5, dated 5\/3\/91.<\/p>\n
Total square feet: 66,479<\/p>\n
\n\n——————————————————————————–
\n COST
\n CODE DESCRIPTION VALUE PSF
\n——————————————————————————–
\n
\n 40200 Demolition $ 12,500 $ 0.19
\n 42200 HVAC $ 60,000 $ 0.90
\n 42600 Fire Sprinklers $ 9,500 $ 0.14
\n 43600 Fire Extinguishers $ 1,000 $ 0.02
\n 43900 Electrical $183,000 $ 2.75
\n 44600 Plumbing $ 5,000 $ 0.08
\n 45400 Acoustical Ceiling $ 10,000 $ 0.15
\n 46100 Drywall $ 48,000 $ 0.72
\n 47200 Doors, Frames & Hardware $ 39,600 $ 0.60
\n 47600 Insulation $ 2,000 $ 0.03
\n 48300 Glass $ 4,700 $ 0.07
\n 49100 Ceramic Tide $ 2,000 $ 0.03
\n 50800 Cabinets & Tops $ 14,000 $ 0.21
\n 51300 Paint $ 32,000 $ 0.48
\n 53900 Carpet Removal, New Carpet & Base, Wt Room Floor $125,000 $ 1.88
\n 54500 Window Coating $ 4,000 $ 0.06
\n 55100 Computer Floor $ 45,000 $ 0.68
\n 58500 Fencing (Chain Link) $ 7,500 $ 0.11
\n 60800 Plan Check Fee (allowance) $ 2,000 $ 0.03
\n 60900 Permit & Construction Tax @ 5% (allowance) $ 30,500 $ 0.46
\n 62500 Blueprinting (allowance) $ 3,000 $ 0.05
\n 64900 Architect Fee (Kobza) $39,4501 $ 0.59
\n 65200 Construction Clean-up $ 10,000 $ 0.15
\n——————————————————————————–
\n Subtotal: $689,750 $10.38
\n 61000 Contingency @ 5% $ 34,488 $ 0.52
\n Contractor’s Fee @ 10% $ 72,424 $ 1.09
\n——————————————————————————–
\n TOTAL: $796,661 $11.98
\n——————————————————————————–
\n<\/c><\/c><\/c><\/s><\/caption>\n<\/table>\nQualifications:
\n Painting of door frames excluded
\n 24 gauge sheetmetal at SCIF room roof<\/p>\n
Page 18<\/p>\n
EXHIBIT “D”
\n Approved Final Working Drawings<\/p>\n
Page 19<\/p>\n
EXHIBIT “E”
\n Approved Final Budget<\/p>\n
Page 20<\/p>\n
EXHIBIT “F”
\n Punch List<\/p>\n
Page 21<\/p>\n
[LOGO OF THERMA INC.] Quotation<\/p>\n
Date May 13, 1991
\n ———- —<\/p>\n
——————————————————————————–
\n TO:
\n Sobrato Dev. Cos.
\n —————————————————————–
\n 10600 N. DeAnza Blvd. #200
\n —————————————————————–
\n Cupertino, CA 95014
\n —————————————————————–
\n Attention: Mr. Don Jones
\n —————————————————————–<\/p>\n
We propose to furnish you with the following material and\/or service under
\n conditions herein stipulated<\/p>\n
Subject: Tiburon Systems
\n 1290 Parkmoor Ave.<\/p>\n
Please find below, cost breakdown for the subject project.<\/p>\n
1st Floor
\n Warehouse (11′-0″ clear, no ceiling)
\n – Remove and replace 4 zones with galvanized spiral pipe (#’s 101, 102,
\n 103, 104)
\n – Remove and replace half the duct of 3 zones with galvanized spiral
\n pipe ( #’s 109, 110, 111)
\n – Replace heating duct with spiral pipe an insulate <\/p>\n
Office #132 and #133
\n Sput one zone into 2-offices<\/p>\n
Office #121
\n Add cooling only VAV zone<\/p>\n
FOR THE SUM OF ………… $11,000.00<\/p>\n
Page 1 of 2
\n——————————————————————————–
\n 2051 Ringwood Avenue San Jose, CA 95131 (408) 433-5577 FAX: 434-0773<\/p>\n
Contractor’s State License No. 270648
\n TERMS OF PAYMENT: NET DUE UPON RECEIPT OF INVOICE
\n Sales tax, use or similar State or Federal Tax to be paid by purchaser.<\/p>\n
We hereby accept the proposal. Respectfully Submitted for the Company.<\/p>\n
________________________________ By____________________________
\n Howard Hakamura<\/p>\n
________________________________ Approved<\/p>\n
Dated at________________________ By____________________________<\/p>\n
_________________ 19____________ Dated at___________ 19________
\n HN\/tdp,to911.quo<\/p>\n
________________________________ ________________________________<\/p>\n
May 13, 1991
\nDon Jones
\n Page 2 of 2<\/p>\n
2nd Floor
\n – Office #21, 232, 233
\n Add cooling only VAV zone<\/p>\n
– Office #228, 229, 230
\n Add cooling only VAV zone<\/p>\n
– Office #225
\n Tie into existing VAV zone #215<\/p>\n
– Office #221 and 222
\n Revise existing duct<\/p>\n
– Office #218
\n Tie into existing zone #228<\/p>\n
– Office #214 and 215
\n Add cooling only VAV zone<\/p>\n
– Office #210, 211, 212
\n Add cooling only VAV zone<\/p>\n
– Office #208 and 209
\n Add cooling only VAV zone
\n FOR THE SUM OF ……….. $9,400.00
\n3rd Floor
\n – Add 3 ton split system AC-unit for SCIF area<\/p>\n
– Add switched main for pneumatic controls around classified area.<\/p>\n
– Add duct to AC unit #1 in shaft to supply air to 3\/rd\/ floor<\/p>\n
– Office #326
\n Add cooling only VAV zone<\/p>\n
– Office #327
\n Add one each cooling only and heating\/cooling zone<\/p>\n
– Office #328
\n Add cooling only VAV zone<\/p>\n
\n\n
\n FOR THE SUM OF…………$20,450.00
\n XXX…………. 800.00<\/p>\nMiscellaneous Work
\n Replace Exhaust Fans ……………………………………. $ 2,150.00
\n 24 gauge metal over SCIF…………………………………. $ 980.00
\n Air balance…………………………………………….. $15,000.00
\n Misc. plumbing allow…………………………………….. $ 5,000.00<\/p>\n
TOTAL……………. $63,980.00
\n<\/c><\/s><\/caption>\n<\/table>\n
Respectfully Submitted,
\n \/s\/ Howard Hakamura
\nHoward Hakamura<\/p>\n
Cupertino, CA 95014<\/p>\n
ATTN: Mr. Don Jones<\/p>\n
RE: Tiburon Systems
\n WSJCC Bldg. #5
\n San Jose, CA<\/p>\n
Gentlemen,<\/p>\n
We are pleased to quote you for the electrical work required on the above
\nref. Protect as follows. Our quote is based on out meeting with Tiburon on
\nMonday May 6, our walk thru the bldg. With you and the new floor plan by Dennis
\nKobza & Assoc. dated 5\/3\/91.<\/p>\n
Lighting:
\n Remove:
\n 8 – 2’x2′ T- bar Fixtures
\n 100 – 2’x4′ T-bar Fixtures
\n 28 – 4′ Fluorescent Strips
\n 5 – Exit Lights
\n 12 – Twin Head Battery Packs
\n 10 – Double Switches
\n 4 – 4 Gang Switches
\n 12 – Down Lights in T-bar<\/p>\n
Reinstall Existing Features:
\n 8 – 2’x2′ T-bar Fixtures
\n 72 – 2’x4′ T-bar Fixtures
\n 5 – Exit Lights<\/p>\n
New Fixtures:
\n 2 – 2’x2′ T-bar Fixtures
\n 24 – 8′, 2-Lamp Industrial Fluorescent Fixtures
\n 9 – Exit Lights
\n 7 – New Batt. Packs<\/p>\n
XXX – 8′ Lite Track
\n 20 – 75 Watt Lite Track Fixtures
\n 5 – Single Switches
\n 41 – Double Switches
\n 4 – 4 Gang Switches
\n 2 – Dimmers
\n Lot – Replace burn out fluorescent and incandell lamps and ballasts
\n Lot – Replace broken and missing lenses<\/p>\n
Power:
\n Remove:
\n 230′- of existing 2000 wiremold
\n 12 – Cord Drops
\n 27 – Duplex Receptacles in walls
\n 3 – 30amp Receptacles in walls
\n 5 – Surface Mtd. Receptacles
\n 7 – Power Poles
\n 22 – Remove Floor Boxes<\/p>\n
New:
\n 73 – Duplex Receptacles
\n 5 – Dedicated Receptacles
\n 48 – 4 Plex Receptacles
\n 5 – 30A, 209V, 10 Receptacles
\n 1 – 50A, 209V, 10 Receptacles
\n 12 – J.B.’s in Ceiling for Security Power
\n 17 – Floor Fees for Partitions with 3-Circuits each
\n 14 – Wall or Column Feeds for Partitions w\/ 3-Circuits each
\n 2 – Electric Screens
\n 44 – Telephone Ring and Pull String
\n 1 – Replace Noisey 75KVA Transformer in 3\/rd\/ Floor <\/p>\n
Depot Repair:
\n 1 – new 75 KVA Transformer and Feeder from MSB
\n 1 – new 2- section panel w\/ main and feeder from tansf.
\n 60′- 4000 wiremold w\/ 6 – 30A, 280V, 30 outlets, 3 -30A,
\n 208V, 10 outlets, 3 -20A, 208V, 14 outlets,
\n 6 – dedicated duplex, & 12 – STD. Duplex<\/p>\n
12 – Plex Cord Drops for work benches
\n 1 – E.P.O Switch <\/p>\n
1\/st\/ Floor Computer Room:
\n 1 – new 42 circuit panel fed from exist. Panel
\n 30′ – 6000 wiremold under (E) computer floor of
\n 3 – 30A, 208V, 30 outlets on 10′ S.T. Flex
\n 6 – 20A, 208V, 14 ” ” ”
\n 20 – 4 Plex ” ” ”
\n 1 – Rolm Tel. Equip. power and connection <\/p>\n
3\/rd\/ Floor Computer Room:
\n 1 – new 112 1\/2 KVA Transformer, 1 -175A fused switch in MSB w\/
\n feeder from MSB
\n 1 – new 3 – section 400A panel w\/ main breaker
\n 2 – E.P.O. switches
\n 400′ – 40000 wiremold under computer floor w\/
\n 19 – 30A, 208V, 30 outlets on 10′ S.T. Flex
\n 5 – 30A, 208V, 10 ” ”
\n 10 – 20A, 208V, 10 ” ”
\n 84 – 4-Plex outlets in 10′ S.T. Flex
\n 1 – New 100AMP loadcenter for screen room w\/ feeder from 3\/rd\/
\n floor computer panel
\n 12 – connect lights in screen room<\/p>\n
Misc:
\n 1 – Feeder, Connection and Combo Starter for new condensing unit on
\n roof
\n 1 – Feeder, Connection and Combo Starter for new fan coil in SCIF
\n room
\n 1 – Feeder, Connection and Disconnet for condensate drain pump
\n Lot – Control wire to stat.
\n Lot – Replace all painted switch and receptacle plates with ivory
\n plates
\n Lot – Cut and patch concrete floor for new feeds to (E) floor boxes
\n in rooms 127 & 128
\n Lot – Core floors for partition floor feeds<\/p>\n
Our quote for the above electrical work, $183,000.00<\/p>\n
Exclusions:
\n 1 – Disconnection and moving of Tiburons equipment at their
\n existing location.<\/p>\n
If you should have any questions please feel free to contact us.<\/p>\n
Sinc
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