Common use of Acceptance of Building Clause in Contracts

Acceptance of Building. Within thirty (30) days after completion of ---------------------- the Tenant Improvements, Tenant shall conduct a walk-through inspection of the Building with Landlord and complete a punch-list of items needing additional work. Other than the items specified in the punch list, if any, by taking possession of the Building, Tenant shall be deemed to have accepted the Building in good, clean and completed condition and repair, subject to all applicable laws, codes and ordinances. Any damage to the Building caused by Tenant's move-in shall be repaired or corrected by Tenant, at its sole cost and expense, which repair or corrective work shall not be paid for out of any Tenant Improvements Allowance. Tenant acknowledges that neither Landlord nor Landlord's agents shall be deemed to have made any representations or warranties as to the suitability or fitness of the Building for the conduct of Tenant's business or for any other purpose, nor shall Landlord or Landlord's agents be deemed to have agreed to undertake any alterations or construct any improvements to the Building except as expressly provided in the Lease, this Exhibit B, and --------- the Build to Suit Option Agreement. If Tenant fails to submit a punch-list to Landlord within such 30-day period, it shall be deemed that there are no items needing additional work or repair. Contractor shall complete all reasonable punch-list items within thirty (30) days after the walk-through inspection or as soon as practicable thereafter. Upon completion of such punch-list items, Tenant shall approve such completed items in writing to Landlord. If Tenant fails to approve such items within fourteen (14) days of completion, such items shall be deemed approved by Tenant. Landlord shall, upon Tenant's written request, assign and transfer to Tenant, to the extent reasonably requested by Tenant and consistent with Landlord's position as the owner of the Building, Landlord's rights and claims against Contractor arising from Contractor's warranties (express and implied) with respect to the Building. Nothing contained in this Paragraph 10 shall limit, restrict, or terminate any right of Landlord or Tenant ------------ to make any claim against Contractor based upon the condition of the Building or any and all of Contractor's warranties (express and implied) with respect to the Building. LANDLORD: TENANT: XXXXXX/CAMPUS ASSOCIATES, L.P., AT HOME CORPORATION, a Delaware limited partnership a Delaware corporation By: Xxxxxx/Redwood Partners, By: /s/ Xxxxxxx Xxxxxxx ------------------------------------ L.P., a California limited Its: Chief Financial Officer ----------------------------------- partnership, its General Partner By:____________________________________ Its: _________________________________ By: The Xxxxxx Group of Companies, Inc., a California corporation, its General Partner By: /s/ Xxxxx Xxxxxxxxx -------------------- Its: Vice President ------------------- EXHIBIT C --------- SITE PLAN FOR PROJECT --------------------- This Exhibit will either be (i) the North Expansion Parcel (see Exhibit C- 1), or (ii) the south campus (see Exhibit C-2), as applicable. EXHIBIT C HOME CORPORATE CAMPUS SITEPLAN FIGURE 1 SAN MATEO COUNTY EXHIBIT D --------- COMMENCEMENT DATE MEMORANDUM ---------------------------- LANDLORD: Xxxxxx/Campus Associates, L.P. TENANT: ______________________________ LEASE DATE: ______________________________ PREMISES: ______________________________ Pursuant to Paragraph 4.A. of the above referenced Lease, the commencement date -------------- is hereby established as __________________ for ____________________, Xxxxxxx Xxxx, XX 00000. The Commencement Date as defined in Paragraph 4.A. shall be -------------- ___________________. TENANT: Dated: _________________ AT HOME CORPORATION, a Delaware corporation By: ______________________________ Its: ______________________________ By: ______________________________ Its: ______________________________ LANDLORD: Dated: _________________ XXXXXX/CAMPUS ASSOCIATES, L.P., a Delaware limited partnership By: Xxxxxx/Redwood Partners, L.P., a California limited partnership, its General Partner By: The Xxxxxx Group of Companies, Inc., a California corporation, its General Partner By: ___________________ Its: ___________________ EXHIBIT E --------- SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT ------------------------------------------------------- EXHIBIT F --------- STANDARD TERMS FOR OPTION TO PURCHASE ------------------------------------- This Exhibit F sets forth certain standard terms that shall be --------- applicable to the purchase of the Building pursuant Paragraph 38 of the Lease. ------------ This Exhibit shall be deemed a part of the Lease to which it is attached. Capitalized terms which are used herein and defined in the Lease shall have the meanings given in the Lease.

Acceptance of Building. When Landlord's Work and Tenant Improvements are complete Landlord shall deliver possession of the Premises to Tenant. As used herein, "complete" shall mean the first business day following a weekend after the date that all of the following have occurred: (i) Landlord shall certify in writing that Contractor has substantially completed the Landlord's Work and the Tenant Improvements, notwithstanding that minor details of construction, mechanical adjustment or decorations which do not materially interfere with Tenant's use of the Premises remain to be performed (such items being normally referred to as "punch list" items); (ii) Landlord or Contractor has obtained "signed-off" building permits and/or a temporary certificates of occupancy permitting Tenant's occupancy of the Premises; (iii) all sanitary, electrical, heating, ventilating and air conditioning systems of the Building are operational; and (iv) access to the Building and parking areas are available to the Tenant and Tenant's 5 42 invitees 24 hours per day and 365 days per year. Within thirty (30) days after completion of ---------------------- the Tenant Improvements, Tenant shall conduct a walk-through inspection of the Building with Landlord and complete a punch-list of items needing additional work. Other than the items specified in the punch list, if any, by taking possession of the Building, Tenant shall be deemed to have accepted the Building in good, clean and completed condition and repair, subject to all applicable laws, codes and ordinances, except for latent defects in Landlord's Work discovered within six (6) months after the Possession Date. Any damage to the Building caused by Tenant's move-in shall be repaired or corrected by Tenant, at its sole cost and expense, which repair or corrective work shall not be paid for out of any Tenant Improvements Construction Allowance. Tenant acknowledges that neither Landlord nor Landlord's agents shall be deemed to have made any representations or warranties as to the suitability or fitness of the Building for the conduct of Tenant's business or for any other purpose, nor shall Landlord or Landlord's agents be deemed to have agreed to undertake any alterations or construct any improvements to the Building except as expressly provided in the Lease, this Exhibit B, and --------- the Build to Suit Option Agreement. If Tenant fails to submit a punch-list to Landlord within such 30-day period, it shall be deemed that there are no items needing additional work or repair. Contractor shall complete all reasonable punch-list items within thirty (30) days after the walk-through inspection or as soon as practicable thereafter. Upon completion of such punch-list items, Tenant shall approve such completed items in writing to Landlord. If Tenant fails to approve such items within fourteen (14) days of completion, such items shall be deemed approved by Tenant. Landlord shall, upon Tenant's written request, assign and transfer to Tenant, to the extent reasonably requested by Tenant and consistent with Landlord's position as the owner of the Building, Landlord's rights and claims against Contractor arising from Contractor's warranties (express and implied) with respect to the Building. Nothing contained in this Paragraph 10 Section 9 shall limit, restrict, or terminate any right of Landlord or Tenant ------------ to make any claim against Contractor based upon the condition of the Building or any and all of Contractor's warranties (express and implied) with respect to the Building. LANDLORD: TENANT: XXXXXX/CAMPUS ASSOCIATES, L.P., AT HOME CORPORATION, Landlord shall use reasonable efforts to obtain a Delaware limited partnership a Delaware corporation By: Xxxxxx/Redwood Partners, By: /s/ Xxxxxxx Xxxxxxx ------------------------------------ L.P., a California limited Its: Chief Financial Officer ----------------------------------- partnership, its General Partner By:____________________________________ Its: _________________________________ By: The Xxxxxx Group final certificate of Companies, Inc., a California corporation, its General Partner By: /s/ Xxxxx Xxxxxxxxx -------------------- Its: Vice President ------------------- EXHIBIT C --------- SITE PLAN FOR PROJECT --------------------- This Exhibit will either be occupancy for the Premises within ninety (i90) days after the North Expansion Parcel (see Exhibit C- 1), or (ii) the south campus (see Exhibit C-2), as applicable. EXHIBIT C HOME CORPORATE CAMPUS SITEPLAN FIGURE 1 SAN MATEO COUNTY EXHIBIT D --------- COMMENCEMENT DATE MEMORANDUM ---------------------------- LANDLORD: Xxxxxx/Campus Associates, L.P. TENANT: ______________________________ LEASE DATE: ______________________________ PREMISES: ______________________________ Pursuant to Paragraph 4.A. issuance of the above referenced Lease, the commencement date -------------- is hereby established as __________________ for ____________________, Xxxxxxx Xxxx, XX 00000. The Commencement Date as defined in Paragraph 4.A. shall be -------------- ___________________. TENANT: Dated: _________________ AT HOME CORPORATION, a Delaware corporation By: ______________________________ Its: ______________________________ By: ______________________________ Its: ______________________________ LANDLORD: Dated: _________________ XXXXXX/CAMPUS ASSOCIATES, L.P., a Delaware limited partnership By: Xxxxxx/Redwood Partners, L.P., a California limited partnership, its General Partner By: The Xxxxxx Group temporary certificate of Companies, Inc., a California corporation, its General Partner By: ___________________ Its: ___________________ EXHIBIT E --------- SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT ------------------------------------------------------- EXHIBIT F --------- STANDARD TERMS FOR OPTION TO PURCHASE ------------------------------------- This Exhibit F sets forth certain standard terms that shall be --------- applicable to the purchase of the Building pursuant Paragraph 38 of the Lease. ------------ This Exhibit shall be deemed a part of the Lease to which it is attached. Capitalized terms which are used herein and defined in the Lease shall have the meanings given in the Leaseoccupancy.

Acceptance of Building. Within thirty (30) days after completion of ---------------------- the Tenant Improvements, Tenant shall conduct a walk-through inspection of the Building with Landlord and complete a punch-list of items needing additional work. Other than the items specified in the punch list, if any, by taking possession of the Building, Tenant shall be deemed to have accepted the Building in good, clean and completed condition and repair, subject to all applicable laws, codes and ordinances. Any damage to the Building caused by Tenant's move-in shall be repaired or corrected by Tenant, at its sole cost and expense, which repair or corrective work shall not be paid for out of any Tenant Improvements Allowance. Tenant acknowledges that neither Landlord nor Landlord's agents shall be deemed to have made any representations or warranties as to the suitability or fitness of the Building for the conduct of Tenant's business or for any other purpose, nor shall Landlord or Landlord's agents be deemed to have agreed to undertake any alterations or construct any improvements to the Building except as expressly provided in the Lease, this Exhibit B, and --------- the Build to Suit Option Agreement. If Tenant fails to submit a punch-list to Landlord within such 30-day period, it shall be deemed that there are no items needing additional work or repair. Contractor shall complete all reasonable punch-list items within thirty (30) days after the walk-through inspection or as soon as practicable thereafter. Upon completion of such punch-list items, Tenant shall approve such completed items in writing to Landlord. If Tenant fails to approve such items within fourteen (14) days of completion, such items shall be deemed approved by Tenant. Landlord shall, upon Tenant's written request, assign and transfer to Tenant, to the extent reasonably requested by Tenant and consistent with Landlord's position as the owner of the Building, Landlord's rights and claims against Contractor arising from Contractor's warranties (express and implied) with respect to the Building. Nothing contained in this Paragraph 10 shall limit, restrict, or terminate any right of Landlord or Tenant ------------ to make any claim against Contractor based upon the condition of the Building or any and all of Contractor's warranties (express and implied) with respect to the Building. LANDLORD: TENANT: XXXXXXMARTXX/CAMPUS XXXPUS ASSOCIATES, L.P., AT HOME CORPORATION, a Delaware limited partnership a Delaware corporation By: XxxxxxMartxx/Redwood Xxxwood Partners, By: /s/ Xxxxxxx Xxxxxxx ------------------------------------ KENNXXX X. XXXXXXX L.P., a California limited Its: Chief Financial Officer ----------------------------------- ------------------------------- partnership, its General Partner By:____________________________________ Its: _________________________________ Partner ------------------------------- By: ------------------------------- Its: ------------------------------- By: The Xxxxxx Group Martxx Xxxup of Companies, Inc., a California corporation, its General Partner By: /s/ Xxxxx Xxxxxxxxx -------------------- ------------------ Its: Vice President ------------------- ------------------ EXHIBIT C --------- SITE PLAN FOR PROJECT --------------------- This Exhibit will either be (i) the North Expansion Parcel (see Exhibit C- 1C-1), or (ii) the south campus (see Exhibit C-2), as applicable. EXHIBIT C HOME CORPORATE CAMPUS SITEPLAN FIGURE 1 SAN MATEO COUNTY EXHIBIT D --------- COMMENCEMENT DATE MEMORANDUM ---------------------------- LANDLORD: XxxxxxMartxx/Campus Xxxpus Associates, L.P. TENANT: ______________________________ ------------------------------ LEASE DATE: ______________________________ ------------------------------ PREMISES: ______________________________ ------------------------------ Pursuant to Paragraph 4.A. of the above referenced Lease, the commencement date -------------- is hereby established as __________________ for ____________________, Xxxxxxx Redwxxx Xxxx, XX 00000. The Xhe Commencement Date as defined in Paragraph 4.A. shall be -------------- ___________________. TENANT: Dated: _________________ ,1998 AT HOME CORPORATION, --------- a Delaware corporation By: ______________________________ /s/ KENNXXX X. XXXXXXX --------------------------------------- Its: ______________________________ --------------------------------------- By: ______________________________ --------------------------------------- Its: ______________________________ --------------------------------------- LANDLORD: Dated: _________________ XXXXXXMARTXX/CAMPUS XXXPUS ASSOCIATES, L.P., ------------- a Delaware limited partnership By: XxxxxxMartxx/Redwood Xxxwood Partners, L.P., a California limited partnership, its General Partner By: TMG Redwood LLC, A California limited liability Company Its: General Partner By: The Xxxxxx Group Martxx Xxxup of Companies, Inc., a California corporation, its Its General Partner By: ___________________ ---------------------- Its: ___________________ ---------------------- EXHIBIT E --------- SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT ------------------------------------------------------- EXHIBIT F --------- STANDARD TERMS FOR OPTION TO PURCHASE ------------------------------------- This Exhibit F sets forth certain standard terms that shall be --------- applicable to the purchase of the Building pursuant Paragraph 38 of the Lease. ------------ This Exhibit shall be deemed a part of the Lease to which it is attached. Capitalized terms which are used herein and defined in the Lease shall have the meanings given in the Lease.

Acceptance of Building. Within thirty (30) days after completion of ---------------------- the Tenant Improvements, Tenant shall conduct a walk-through inspection of the Building with Landlord and complete a punch-list of items needing additional work. Other than the items specified in the 64 punch list, if any, by taking possession of the Building, Tenant shall be deemed to have accepted the Building in good, clean and completed condition and repair, subject to all applicable laws, codes and ordinances. Any damage to the Building caused by Tenant's move-in shall be repaired or corrected by Tenant, at its sole cost and expense, which repair or corrective work shall not be paid for out of any Tenant Improvements Allowance. Tenant acknowledges that neither Landlord nor Landlord's agents shall be deemed to have made any representations or warranties as to the suitability or fitness of the Building for the conduct of Tenant's business or for any other purpose, nor shall Landlord or Landlord's agents be deemed to have agreed to undertake any alterations or construct any improvements to the Building except as expressly provided in the Lease, this Exhibit B, and --------- the Build to Suit Option Agreement. If Tenant fails to submit a punch-list to Landlord within such 30-day period, it shall be deemed that there are no items needing additional work or repair. Contractor shall complete all reasonable punch-list items within thirty (30) days after the walk-through inspection or as soon as practicable thereafter. Upon completion of such punch-list items, Tenant shall approve such completed items in writing to Landlord. If Tenant fails to approve such items within fourteen (14) days of completion, such items shall be deemed approved by Tenant. Landlord shall, upon Tenant's written request, assign and transfer to Tenant, to the extent reasonably requested by Tenant and consistent with Landlord's position as the owner of the Building, Landlord's rights and claims against Contractor arising from Contractor's warranties (express and implied) with respect to the Building. Nothing contained in this Paragraph 10 shall limit, restrict, or terminate any right of Landlord or Tenant ------------ to make any claim against Contractor based upon the condition of the Building or any and all of Contractor's warranties (express and implied) with respect to the Building. LANDLORD: TENANT: XXXXXXMARTXX/CAMPUS XXXPUS ASSOCIATES, L.P., AT HOME CORPORATION, a Delaware limited partnership a Delaware corporation By: XxxxxxMartxx/Redwood Xxxwood Partners, By: /s/ Xxxxxxx Xxxxxxx ------------------------------------ KENNXXX X. XXXXXXX L.P., a California limited Its: Chief Financial Officer ----------------------------------- ----------------------------- partnership, its General Partner By:____________________________________ Its: _________________________________ Partner ----------------------------- By: ----------------------------- Its: ----------------------------- By: The Xxxxxx Group Martxx Xxxup of Companies, Inc., a California corporation, its General Partner By: /s/ Xxxxx Xxxxxxxxx -------------------- ---------------------- Its: Vice President ------------------- EXHIBIT C --------- ---------------------- SITE PLAN FOR PROJECT --------------------- This Exhibit will either be (i) the North Expansion Parcel (see Exhibit C- 1C-1), or (ii) the south campus (see Exhibit C-2), as applicable. EXHIBIT C HOME CORPORATE CAMPUS SITEPLAN FIGURE 1 SAN MATEO COUNTY 66 EXHIBIT D --------- COMMENCEMENT DATE MEMORANDUM ---------------------------- LANDLORD: XxxxxxMartxx/Campus Xxxpus Associates, L.P. TENANT: ______________________________ ------------------------------ LEASE DATE: ______________________________ ------------------------------ PREMISES: ______________________________ ------------------------------ Pursuant to Paragraph 4.A. of the above referenced Lease, the commencement date -------------- is hereby established as __________________ for ____________________, Xxxxxxx Redwxxx Xxxx, XX 00000. The Xxe Commencement Date as defined in Paragraph 4.A. shall be -------------- ___________________. TENANT: Dated: _________________ ,1998 AT HOME CORPORATION, --------- a Delaware corporation By: ______________________________ /s/ KENNXXX X. XXXXXXX --------------------------------------- Its: ______________________________ --------------------------------------- By: ______________________________ --------------------------------------- Its: ______________________________ --------------------------------------- LANDLORD: Dated: _________________ XXXXXXMARTXX/CAMPUS XXXPUS ASSOCIATES, L.P., ------------- a Delaware limited partnership By: XxxxxxMartxx/Redwood Xxxwood Partners, L.P., a California limited partnership, its General Partner By: TMG Redwood LLC, A California limited liability Company Its: General Partner By: The Xxxxxx Group Martxx Xxxup of Companies, Inc., a California corporation, its Its General Partner By: ___________________ ---------------------- Its: ___________________ ---------------------- 67 EXHIBIT E --------- SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT ------------------------------------------------------- 68 EXHIBIT F --------- STANDARD TERMS FOR OPTION TO PURCHASE ------------------------------------- This Exhibit F sets forth certain standard terms that shall be --------- applicable to the purchase of the Building pursuant Paragraph 38 of the Lease. ------------ This Exhibit shall be deemed a part of the Lease to which it is attached. Capitalized terms which are used herein and defined in the Lease shall have the meanings given in the Lease.

Acceptance of Building. When Landlord's Work and Tenant Improvements are complete Landlord shall deliver possession of the Premises to Tenant. As used herein, "complete" shall mean the first business day following a weekend after the date that all of the following have occurred: (i) Landlord shall certify in writing that Contractor has substantially completed the Landlord's Work and the Tenant Improvements, notwithstanding that minor details of construction, mechanical adjustment or decorations which do not materially interfere with Tenant's use of the Premises remain to be performed (such items being normally referred to as "punch list" items); (ii) Landlord or Contractor has obtained "signed-off" building permits and/or a temporary certificates of occupancy permitting Tenant's occupancy of the Premises; (iii) all sanitary, electrical, heating, ventilating and air conditioning systems of the Building are operational; and (iv) access to the Building and parking areas are available to the Tenant and Tenant's 42 invitees 24 hours per day and 365 days per year. Within thirty (30) days after completion of ---------------------- the Tenant Improvements, Tenant shall conduct a walk-through inspection of the Building with Landlord and complete a punch-list of items needing additional work. Other than the items specified in the punch list, if any, by taking possession of the Building, Tenant shall be deemed to have accepted the Building in good, clean and completed condition and repair, subject to all applicable laws, codes and ordinances, except for latent defects in Landlord's Work discovered within six (6) months after the Possession Date. Any damage to the Building caused by Tenant's move-in shall be repaired or corrected by Tenant, at its sole cost and expense, which repair or corrective work shall not be paid for out of any Tenant Improvements Construction Allowance. Tenant acknowledges that neither Landlord nor Landlord's agents shall be deemed to have made any representations or warranties as to the suitability or fitness of the Building for the conduct of Tenant's business or for any other purpose, nor shall Landlord or Landlord's agents be deemed to have agreed to undertake any alterations or construct any improvements to the Building except as expressly provided in the Lease, this Exhibit B, and --------- the Build to Suit Option Agreement. If Tenant fails to submit a punch-list to Landlord within such 30-day period, it shall be deemed that there are no items needing additional work or repair. Contractor shall complete all reasonable punch-list items within thirty (30) days after the walk-through inspection or as soon as practicable thereafter. Upon completion of such punch-list items, Tenant shall approve such completed items in writing to Landlord. If Tenant fails to approve such items within fourteen (14) days of completion, such items shall be deemed approved by Tenant. Landlord shall, upon Tenant's written request, assign and transfer to Tenant, to the extent reasonably requested by Tenant and consistent with Landlord's position as the owner of the Building, Landlord's rights and claims against Contractor arising from Contractor's warranties (express and implied) with respect to the Building. Nothing contained in this Paragraph 10 Section 9 shall limit, restrict, or terminate any right of Landlord or Tenant ------------ to make any claim against Contractor based upon the condition of the Building or any and all of Contractor's warranties (express and implied) with respect to the Building. LANDLORD: TENANT: XXXXXX/CAMPUS ASSOCIATES, L.P., AT HOME CORPORATION, Landlord shall use reasonable efforts to obtain a Delaware limited partnership a Delaware corporation By: Xxxxxx/Redwood Partners, By: /s/ Xxxxxxx Xxxxxxx ------------------------------------ L.P., a California limited Its: Chief Financial Officer ----------------------------------- partnership, its General Partner By:____________________________________ Its: _________________________________ By: The Xxxxxx Group final certificate of Companies, Inc., a California corporation, its General Partner By: /s/ Xxxxx Xxxxxxxxx -------------------- Its: Vice President ------------------- EXHIBIT C --------- SITE PLAN FOR PROJECT --------------------- This Exhibit will either be occupancy for the Premises within ninety (i90) days after the North Expansion Parcel (see Exhibit C- 1), or (ii) the south campus (see Exhibit C-2), as applicable. EXHIBIT C HOME CORPORATE CAMPUS SITEPLAN FIGURE 1 SAN MATEO COUNTY EXHIBIT D --------- COMMENCEMENT DATE MEMORANDUM ---------------------------- LANDLORD: Xxxxxx/Campus Associates, L.P. TENANT: ______________________________ LEASE DATE: ______________________________ PREMISES: ______________________________ Pursuant to Paragraph 4.A. issuance of the above referenced Lease, the commencement date -------------- is hereby established as __________________ for ____________________, Xxxxxxx Xxxx, XX 00000. The Commencement Date as defined in Paragraph 4.A. shall be -------------- ___________________. TENANT: Dated: _________________ AT HOME CORPORATION, a Delaware corporation By: ______________________________ Its: ______________________________ By: ______________________________ Its: ______________________________ LANDLORD: Dated: _________________ XXXXXX/CAMPUS ASSOCIATES, L.P., a Delaware limited partnership By: Xxxxxx/Redwood Partners, L.P., a California limited partnership, its General Partner By: The Xxxxxx Group temporary certificate of Companies, Inc., a California corporation, its General Partner By: ___________________ Its: ___________________ EXHIBIT E --------- SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT ------------------------------------------------------- EXHIBIT F --------- STANDARD TERMS FOR OPTION TO PURCHASE ------------------------------------- This Exhibit F sets forth certain standard terms that shall be --------- applicable to the purchase of the Building pursuant Paragraph 38 of the Lease. ------------ This Exhibit shall be deemed a part of the Lease to which it is attached. Capitalized terms which are used herein and defined in the Lease shall have the meanings given in the Leaseoccupancy.

Acceptance of Building. Within thirty (30) days after completion of ---------------------- the Tenant Improvements, Tenant shall conduct a walk-through inspection of the Building with Landlord and complete a punch-list of items needing additional work. Other than the items specified in the punch list, if any, by taking possession of the Building, Tenant shall be deemed to have accepted the Building in good, clean and completed condition and repair, subject to all applicable laws, codes and ordinances. Any damage to the Building caused by Tenant's move-in shall be repaired or corrected by Tenant, at its sole cost and expense, which repair or corrective work shall not be paid for out of any Tenant Improvements Allowance. Tenant acknowledges that neither Landlord nor Landlord's agents shall be deemed to have made any representations or warranties as to the suitability or fitness of the Building for the conduct of Tenant's business or for any other purpose, nor shall Landlord or Landlord's agents be deemed to have agreed to undertake any alterations or construct any improvements to the Building except as expressly provided in the Lease, this Exhibit B, and --------- the Build to Suit Option Agreement. If Tenant fails to submit a punch-list to Landlord within such 30-day period, it shall be deemed that there are no items needing additional work or repair. Contractor shall complete all reasonable punch-list items within thirty (30) days after the walk-through inspection or as soon as practicable thereafter. Upon completion of such punch-list items, Tenant shall approve such completed items in writing to Landlord. If Tenant fails to approve such items within fourteen (14) days of completion, such items shall be deemed approved by Tenant. Landlord shall, upon Tenant's written request, assign and transfer to Tenant, to the extent reasonably requested by Tenant and consistent with Landlord's position as the owner of the Building, Landlord's rights and claims against Contractor arising from Contractor's warranties (express and implied) with respect to the Building. Nothing contained in this Paragraph 10 shall limit, restrict, or terminate any right of Landlord or Tenant ------------ to make any claim against Contractor based upon the condition of the Building or any and all of Contractor's warranties (express and implied) with respect to the Building. LANDLORD: TENANT: XXXXXX/CAMPUS ASSOCIATES, L.P., AT HOME CORPORATION, a Delaware limited partnership a Delaware corporation By: Xxxxxx/Redwood Partners, By: /s/ Xxxxxxx Xxxxxxx ------------------------------------ ------------------------ L.P., a California limited Its: Chief Financial Officer ----------------------------------- ------------------------ partnership, its General Partner By:___________: _________________________ Its: _________________________________ By: The Xxxxxx Group of Companies, Inc., a California corporation, its General Partner By: /s/ Xxxxx Xxxxxxxxx -------------------- ------------------- Its: Vice President ------------------- -------------- EXHIBIT C --------- SITE PLAN FOR PROJECT --------------------- This Exhibit will either be (i) the North Expansion Parcel (see Exhibit C- 1C-1), or (ii) the south campus (see Exhibit C-2), as applicable. EXHIBIT C HOME CORPORATE CAMPUS SITEPLAN FIGURE 1 SAN MATEO COUNTY --------- [SITE PLAN FOR PROJECT] ----------------------- EXHIBIT D --------- COMMENCEMENT DATE MEMORANDUM ---------------------------- LANDLORD: Xxxxxx/Campus Associates, L.P. TENANT: ______________________________ LEASE DATE: ______________________________ PREMISES: ______________________________ Pursuant to Paragraph 4.A. of the above referenced Lease, the -------------- commencement date -------------- is hereby established as __________________ for ____________________, Xxxxxxx Xxxx, XX 00000. The Commencement Date as defined in Paragraph 4.A. shall be -------------- ___________________. -------------- TENANT: Dated: _________________ AT HOME CORPORATION, a Delaware corporation By: ______________________________ Its: ______________________________ By: ______________________________ Its: ______________________________ LANDLORD: Dated: _________________ XXXXXX/CAMPUS ASSOCIATES, L.P., a Delaware limited partnership By: Xxxxxx/Redwood Partners, L.P., a California limited partnership, its General Partner By: The Xxxxxx Group of Companies, Inc., a California corporation, its General Partner By: ____________________ Its: ____________________ EXHIBIT E --------- SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT ------------------------------------------------------- EXHIBIT F --------- STANDARD TERMS FOR OPTION TO PURCHASE ------------------------------------- This Exhibit F sets forth certain standard terms that shall be applicable --------- applicable to the purchase of the Building pursuant Paragraph 38 of the Lease. ------------ This Exhibit ------------ shall be deemed a part of the Lease to which it is attached. Capitalized terms which are used herein and defined in the Lease shall have the meanings given in the Lease.

Acceptance of Building. Within thirty Lessor shall notify Lessee in writing at least forty-five (3045) days after in advance of the date of the expected data of substantial completion of ---------------------- the Tenant Improvements, Tenant shall conduct a walk-through inspection of the Building and Common Areas. Immediately upon the actual completion of the Building as required hereunder, Lessor shall deliver to Lessee certificates from Lessor's architect and Lessor's engineer certifying to Lessee that Lessor’s work has been constructed in accordance to Lessor’s Plans and all Applicable Codes. Lessee and Lessee's architect shall then have the right to inspect the Building to verify that the Building has been completed in accordance with Landlord the approved Building plans and complete a punch-list specifications. Upon completion of said inspection, Lessee shall in writing either inform Lessor that Lessee is accepting the Building or specify any items needing additional workthat must be completed and/or corrected by Lessor before Lessee will accept the Building. Other than If the Building is not accepted by Lessee, Lessor shall promptly and diligently prosecute the completion and/or correction of the items specified by Lessee and shall notify Lessee immediately upon the completion or correction of such items. Lessee shall then have the right to inspect the Building to verify that the Building has been properly completed (and if the Building is still not so completed, the right to specify remaining defects and, in each instance where defects are specified, the punch listfurther right to inspect the Building to verify the correction of said defects prior to Lessee's acceptance of the Building). If the Building has been properly completed, if anyLessee shall, by taking possession promptly after its final inspection of the Building, Tenant shall be deemed to have accepted inform Lessor in writing of Lessee's acceptance of the Building. Upon acceptance of the Building in goodby Lessee, clean (i) Lessor shall deliver possession of the Premises to Lessee and completed condition (ii) Lessor, its contractor and repairsubcontractors (other than personnel who may be designated, subject with Lessee's approval, to all applicable laws, codes correct minor construction deficiencies and ordinances. Any damage to the Building caused by Tenant's move-in shall be repaired or corrected by Tenant, at its sole cost and expense, which repair or corrective whose work shall not be paid for out of any Tenant Improvements Allowanceinterfere with Lessee's contractor(s)) shall vacate the Premises. Tenant acknowledges that neither Landlord nor Landlord's agents Lessor and Lessee shall, and shall be deemed to have made any representations or warranties as to cause their respective contractors, engineers and architects to, act reasonably and in good faith in connection with the suitability or fitness acceptance of the Building and the correction of any work necessary for the conduct of Tenant's business or for any other purpose, nor shall Landlord or Landlord's agents be deemed to have agreed to undertake any alterations or construct any improvements to the Building except as expressly provided in the Lease, this Exhibit B, and --------- the Build to Suit Option Agreement. If Tenant fails to submit a punch-list to Landlord within such 30-day period, it shall be deemed that there are no items needing additional work or repair. Contractor shall complete all reasonable punch-list items within thirty (30) days after the walk-through inspection or as soon as practicable thereafter. Upon completion of such punch-list items, Tenant shall approve such completed items in writing to Landlord. If Tenant fails to approve such items within fourteen (14) days of completion, such items shall be deemed approved by Tenant. Landlord shall, upon Tenant's written request, assign and transfer to Tenant, to the extent reasonably requested by Tenant and consistent with Landlord's position as the owner of the Building, Landlord's rights and claims against Contractor arising from Contractor's warranties (express and implied) with respect to the Building. Nothing contained in this Paragraph 10 shall limit, restrict, or terminate any right of Landlord or Tenant ------------ to make any claim against Contractor based upon the condition of the Building or any and all of Contractor's warranties (express and implied) with respect to the Building. LANDLORD: TENANT: XXXXXX/CAMPUS ASSOCIATES, L.P., AT HOME CORPORATION, a Delaware limited partnership a Delaware corporation By: Xxxxxx/Redwood Partners, By: /s/ Xxxxxxx Xxxxxxx ------------------------------------ L.P., a California limited Its: Chief Financial Officer ----------------------------------- partnership, its General Partner By:____________________________________ Its: _________________________________ By: The Xxxxxx Group of Companies, Inc., a California corporation, its General Partner By: /s/ Xxxxx Xxxxxxxxx -------------------- Its: Vice President ------------------- EXHIBIT C --------- SITE PLAN FOR PROJECT --------------------- This Exhibit will either be (i) the North Expansion Parcel (see Exhibit C- 1), or (ii) the south campus (see Exhibit C-2), as applicable. EXHIBIT C HOME CORPORATE CAMPUS SITEPLAN FIGURE 1 SAN MATEO COUNTY EXHIBIT D --------- COMMENCEMENT DATE MEMORANDUM ---------------------------- LANDLORD: Xxxxxx/Campus Associates, L.P. TENANT: ______________________________ LEASE DATE: ______________________________ PREMISES: ______________________________ Pursuant to Paragraph 4.A. of the above referenced Lease, the commencement date -------------- is hereby established as __________________ for ____________________, Xxxxxxx Xxxx, XX 00000. The Commencement Date as defined in Paragraph 4.A. shall be -------------- ___________________. TENANT: Dated: _________________ AT HOME CORPORATION, a Delaware corporation By: ______________________________ Its: ______________________________ By: ______________________________ Its: ______________________________ LANDLORD: Dated: _________________ XXXXXX/CAMPUS ASSOCIATES, L.P., a Delaware limited partnership By: Xxxxxx/Redwood Partners, L.P., a California limited partnership, its General Partner By: The Xxxxxx Group of Companies, Inc., a California corporation, its General Partner By: ___________________ Its: ___________________ EXHIBIT E --------- SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT ------------------------------------------------------- EXHIBIT F --------- STANDARD TERMS FOR OPTION TO PURCHASE ------------------------------------- This Exhibit F sets forth certain standard terms that shall be --------- applicable to the purchase of the Building pursuant Paragraph 38 of the Lease. ------------ This Exhibit shall be deemed a part of the Lease to which it is attached. Capitalized terms which are used herein and defined in the Lease shall have the meanings given in the Leaseacceptance.