CAPACITY CLAIMED BY SIGNER. Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. (check one) ¨ INDIVIDUAL ¨ CORPORATE OFFICER ¨ TITLE: ________________________ ¨ PARTNER(S) LIMITED GENERAL ¨ ATTORNEY-IN-FACT ¨ TRUSTEE(S) ¨ GUARDIAN/CONSERVATOR ¨ OTHER: _________________________ SIGNER IS REPRESENTING: Name of Person(s) or Entity(ies) Teachers Insurance and Annuity Association of America, a New York corporation (“Lender”) THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: TITLE OR TYPE OF DOCUMENT: Subordination Non-Disturber and Attornment Agreement NUMBER OF PAGES _______________ DATE OF DOCUMENT ______________ SIGNER(S) OTHER THAN NAMED ABOVE: LANDLORD: CA-One Market Limited Partnership, a Delaware limited partnership GROUND LESSOR: CA-One Market Limited Partnership, a Delaware limited partnership TENANT: Xxxxxxxxxx.xxx, Inc., a Delaware corporation Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. NOTARY ACKNOWLEDGMENT (TENANT) State of ) County of ) On , before me, , personally appeared of Xxxxxxxxxx.xxx, Inc., a Delaware corporation personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public My Commission Expires: _______________________________ OPTIONAL SECTION
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CAPACITY CLAIMED BY SIGNER. Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. (check one) ¨ INDIVIDUAL ¨ CORPORATE OFFICER ¨ TITLE: ________________________ ¨ PARTNER(S) LIMITED GENERAL ¨ ATTORNEY-IN-FACT ¨ TRUSTEE(S) ¨ GUARDIAN/CONSERVATOR ¨ OTHER: _________________________ SIGNER IS REPRESENTING: Name of Person(s) or Entity(ies) Teachers Insurance and Annuity Association of America, a New York corporation (“Lender”) THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: TITLE OR TYPE OF DOCUMENT: Subordination Non-Disturber and Attornment Agreement NUMBER OF PAGES _______________ DATE OF DOCUMENT ______________ SIGNER(S) OTHER THAN NAMED ABOVE: LANDLORD: CA-One Market Limited Partnership, a Delaware limited partnership GROUND LESSOR: CA-One Market Limited Partnership, a Delaware limited partnership TENANT: Xxxxxxxxxx.xxx, Inc., a Delaware corporation Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. NOTARY ACKNOWLEDGMENT (TENANT) State of California ) County of San Francisco ) On 11/4/04, before me, Xxxxx Xxxxxx, Notary, personally appeared Xxxxx Xxxxxxxxxx of Xxxxxxxxxx.xxx, Inc., a Delaware corporation personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. [NOTARY STAMP APPEARS HERE] WITNESS my hand and official seal. /s/ Xxxxx Xxxxxx Notary Public My Commission Expires: _______________________________ 7/9/08 OPTIONAL SECTIONSECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. (check one) ¨ INDIVIDUAL ¨ CORPORATE OFFICER ¨ TITLE: ¨ PARTNER(S) LIMITED GENERAL ¨ ATTORNEY-IN-FACT ¨ TRUSTEE(S) ¨ GUARDIAN/CONSERVATOR ¨ OTHER: SIGNER IS REPRESENTING: Name of Person(s) or Entity(ies) , a(n) (“Tenant”) THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: TITLE OR TYPE OF DOCUMENT: Subordination Non-Disturber and Attornment Agreement NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE: LENDER: Teachers Insurance and Annuity Association of America, a New York corporation LANDLORD: CA-One Market Limited Partnership, a Delaware limited partnership GROUND LESSOR: CA-One Market Limited Partnership, a Delaware limited partnership Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO, CITY OF SAN FRANCISCO, AND IS DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE NORTHWESTERLY LINE OF MISSION STREET WITH THE SOUTHWESTERLY LINE OF XXXXXXX STREET; THENCE NORTH 44 DEGREES 51’ 51” WEST ALONG SAID SOUTHWESTERLY LINE, 334.33 FEET TO A POINT IN A LINE PARALLEL WITH AND DISTANT 334.33 FEET NORTHWESTERLY, MEASURED AT RIGHT ANGLES, FROM SAID NORTHWESTERLY LINE OF MISSION STREET; THENCE SOUTH 45 DEGREES 08’ 09” WEST ALONG SAID PARALLEL LINE 32 FEET AND 4-1/2 INCHES; THENCE NORTH 44 DEGREES 51’ 51” WEST 6 FEET AND 1-1/2 INCHES; THENCE SOUTH 45 DEGREES 08’ 09” WEST 16 FEET AND 4 INCHES; THENCE NORTH 44 DEGREES 51’ 51” WEST 112 FEET AND 5-1/8 INCHES; THENCE SOUTH 45 DEGREES 08’ 09” WEST 177 FEET AND 7-1/2 INCHES; THENCE SOUTH 44 DEGREES 51’ 51” EAST 112 FEET AND 5-1/8 INCHES; THENCE SOUTH 45 DEGREES 08’ 09” WEST 16 FEET AND 3-1/2 INCHES; THENCE SOUTH 44 DEGREES 51’ 51” EAST 6 FEET AND 1-1/2 INCHES TO A POINT IN SAID PARALLEL LINE; THENCE SOUTH 45 DEGREES 09’ 09” WEST ALONG SAID PARALLEL LINE 32 FEET AND 4-1/2 INCHES TO A POINT IN THE NORTHEASTERLY LINE OF SPEAR STREET; THENCE SOUTH 44 DEGREES 51’ 51” EAST ALONG SAID NORTHEASTERLY LINE, 334.33 FEET TO A POINT IN SAID NORTHWESTERLY LINE OF MISSION STREET; THENCE NORTH 45 DEGREES 08’ 09” EAST ALONG SAID NORTHWESTERLY LINE 274 FEET TO THE POINT OF BEGINNING.
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CAPACITY CLAIMED BY SIGNER. Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. (check one) ¨ INDIVIDUAL ¨ x CORPORATE OFFICER ¨ TITLE: ________________________ ¨ PARTNER(S) LIMITED GENERAL ¨ ATTORNEY-IN-FACT ¨ TRUSTEE(S) ¨ GUARDIAN/CONSERVATOR ¨ OTHER: _________________________ SIGNER IS REPRESENTING: Name of Person(s) or Entity(ies) Teachers Insurance and Annuity Association of AmericaCA-One Market Limited Partnership, a New York corporation Delaware limited partnership (“LenderLandlord”) THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: TITLE OR TYPE OF DOCUMENT: Subordination Non-Disturber and Attornment Agreement NUMBER OF PAGES _______________ DATE OF DOCUMENT ______________ SIGNER(S) OTHER THAN NAMED ABOVE: LANDLORD: CA-One Market Limited Partnership, a Delaware limited partnership GROUND LESSOR: CA-One Market Limited Partnership, a Delaware limited partnership LENDER: Teachers Insurance and Annuity Association of America, a New York corporation TENANT: Xxxxxxxxxx.xxx, Inc., a Delaware corporation Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. NOTARY ACKNOWLEDGMENT (TENANTLENDER) State of ___________________________) County of ___________________________) On , before me, , personally appeared of Xxxxxxxxxx.xxx, Inc.TEACHERS INSURANCE AND ANNUITY ASSOCIATION OF AMERICA, a Delaware New York corporation personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ______________________________________________________________________________ Notary Public My Commission Expires: _________________________________________ OPTIONAL SECTION
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CAPACITY CLAIMED BY SIGNER. Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. (check one) ¨ INDIVIDUAL ¨ x CORPORATE OFFICER ¨ TITLE: ________________________ ¨ PARTNER(S) LIMITED GENERAL ¨ ATTORNEY-IN-FACT ¨ TRUSTEE(S) ¨ GUARDIAN/CONSERVATOR ¨ OTHER: _________________________ SIGNER IS REPRESENTING: Name of Person(s) or Entity(ies) Teachers Insurance and Annuity Association of AmericaCA-One Market Limited Partnership, a New York corporation Delaware limited partnership (“LenderGround Lessor”) THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: TITLE OR TYPE OF DOCUMENT: Subordination Non-Disturber and Attornment Agreement NUMBER OF PAGES _______________ DATE OF DOCUMENT ______________ SIGNER(S) OTHER THAN NAMED ABOVE: LANDLORD: CA-One Market Limited Partnership, a Delaware limited partnership GROUND LESSORLENDER: CA-One Market Limited PartnershipTeachers Insurance and Annuity Association of America, a Delaware limited partnership New York corporation TENANT: Xxxxxxxxxx.xxx, Inc., a Delaware corporation Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. NOTARY ACKNOWLEDGMENT (Landlord) State of California ) County of San Francisco ) On November 15, 2004 before me, Xxxxxxxxxx X. Xxxxxxx, personally appeared Xxxx Xxxxxxxxxx of EQUITY OFFICE MANAGEMENT, L.L.C., a Delaware limited liability company, the non-member manager of EOM GP, L.L.C., a Delaware limited liability company, the general partner of CA-One Market Limited Partnership, a Delaware limited partnership personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. [NOTARY STAMP APPEARS HERE] WITNESS my hand and official seal. /s/ Xxxxxxxxxx X. Xxxxxxx Notary Public My Commission Expires: January 14, 2006 OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. (check one) ¨ INDIVIDUAL x CORPORATE OFFICER ¨ TITLE: ¨ PARTNER(S) LIMITED GENERAL ¨ ATTORNEY-IN-FACT ¨ TRUSTEE(S) ¨ GUARDIAN/CONSERVATOR ¨ OTHER: SIGNER IS REPRESENTING: Name of Person(s) or Entity(ies) CA-One Market Limited Partnership, a Delaware limited partnership (“Landlord”) THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: TITLE OR TYPE OF DOCUMENT: Subordination Non-Disturber and Attornment Agreement NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE: GROUND LESSOR: CA-One Market Limited Partnership, a Delaware limited partnership LENDER: Teachers Insurance and Annuity Association of America, a New York corporation TENANT: Xxxxxxxxxx.xxx, Inc., a Delaware corporation Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. NOTARY ACKNOWLEDGMENT (LENDER) State of ) County of ) On , before me, , personally appeared of Xxxxxxxxxx.xxx, Inc.TEACHERS INSURANCE AND ANNUITY ASSOCIATION OF AMERICA, a Delaware New York corporation personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public My Commission Expires: _______________________________ OPTIONAL SECTION
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CAPACITY CLAIMED BY SIGNER. Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. (check one) ¨ INDIVIDUAL ¨ CORPORATE OFFICER ¨ TITLE: ¨ PARTNER(S) LIMITED GENERAL ¨ ATTORNEY-IN-FACT ¨ TRUSTEE(S) ¨ GUARDIAN/CONSERVATOR ¨ OTHER: SIGNER IS REPRESENTING: Name of Person(s) or Entity(ies) ________________________ ¨ PARTNER(S, a(n) LIMITED GENERAL ¨ ATTORNEY-IN-FACT ¨ TRUSTEE(S) ¨ GUARDIAN/CONSERVATOR ¨ OTHER: ____________________________ SIGNER IS REPRESENTING(“Tenant”) OPTIONAL SECTION THIS CERTIFICATE MUST BE TITLE OR TYPE OF DOCUMENT: Name of Person(sSubordination ATTACHED TO THE DOCUMENT Non-Disturber and Attornment Agreement DESCRIBED AT RIGHT: NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) or Entity(ies) OTHER THAN NAMED ABOVE: LENDER: Teachers Insurance and Annuity Association of America, a New York corporation (“Lender”) THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: TITLE OR TYPE OF DOCUMENT: Subordination Non-Disturber and Attornment Agreement NUMBER OF PAGES _______________ DATE OF DOCUMENT ______________ SIGNER(S) OTHER THAN NAMED ABOVE: LANDLORD: CA-One Market Limited Partnership, a Delaware limited partnership GROUND LESSOR: CA-One Market Limited Partnership, a Delaware limited partnership TENANT: Xxxxxxxxxx.xxx, Inc., a Delaware corporation Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. NOTARY ACKNOWLEDGMENT EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO, CITY OF SAN FRANCISCO, AND IS DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE NORTHWESTERLY LINE OF MISSION STREET WITH THE SOUTHWESTERLY LINE OF XXXXXXX STREET; THENCE NORTH 44 DEGREES 51’ 51” WEST ALONG SAID SOUTHWESTERLY LINE, 334.33 FEET TO A POINT IN A LINE PARALLEL WITH AND DISTANT 334.33 FEET NORTHWESTERLY, MEASURED AT RIGHT ANGLES, FROM SAID NORTHWESTERLY LINE OF MISSION STREET; THENCE SOUTH 45 DEGREES 08’ 09” WEST ALONG SAID PARALLEL LINE 32 FEET AND 4-1/2 INCHES; THENCE NORTH 44 DEGREES 51’ 51” WEST 6 FEET AND 1-1/2 INCHES; THENCE SOUTH 45 DEGREES 08’ 09” WEST 16 FEET AND 4 INCHES; THENCE NORTH 44 DEGREES 51’ 51” WEST 112 FEET AND 5-1/8 INCHES; THENCE SOUTH 45 DEGREES 08’ 09” WEST 177 FEET AND 7-1/2 INCHES; THENCE SOUTH 44 DEGREES 51’ 51” EAST 112 FEET AND 5-1/8 INCHES; THENCE SOUTH 45 DEGREES 08’ 09” WEST 16 FEET AND 3-1/2 INCHES; THENCE SOUTH 44 DEGREES 51’ 51” EAST 6 FEET AND 1-1/2 INCHES TO A POINT IN SAID PARALLEL LINE; THENCE SOUTH 45 DEGREES 09’ 09” WEST ALONG SAID PARALLEL LINE 32 FEET AND 4-1/2 INCHES TO A POINT IN THE NORTHEASTERLY LINE OF SPEAR STREET; THENCE SOUTH 44 DEGREES 51’ 51” EAST ALONG SAID NORTHEASTERLY LINE, 334.33 FEET TO A POINT IN SAID NORTHWESTERLY LINE OF MISSION STREET; THENCE NORTH 45 DEGREES 08’ 09” EAST ALONG SAID NORTHWESTERLY LINE 274 FEET TO THE POINT OF BEGINNING. EXHIBIT J LETTER OF CREDIT FORM This Exhibit is attached to and made a part of the Lease by and between CA-ONE MARKET LIMITED PARTNERSHIP, a Delaware limited partnership (TENANT“Landlord”) State of ) County of ) On and XXXXXXXXXX.XXX, before me, , personally appeared of Xxxxxxxxxx.xxx, Inc.INC., a Delaware corporation personally known to me - OR - proved to me on (“Tenant”) for space in the basis of satisfactory evidence to be Spear Tower in the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies)Building located at One Market, and that by his/her/their signature(s) on the instrument the person(s)San Francisco, or the entity upon behalf of which the person(s) acted, executed the instrumentCalifornia. WITNESS my hand and official seal. Notary Public My Commission Expires: ___________________________ [Name of Financial Institution] Irrevocable Standby Letter of Credit No. _____________________________ OPTIONAL SECTIONIssuance Date: _____________________ Expiration Date: ____________________ Applicant: ________________________ Beneficiary CA-One Market Limited Partnership Xxx Xxxxxx, Xxxxx Xxxxx Xxxxx 000 Xxx Xxxxxxxxx, Xxxxxxxxxx 00000 Attention: Ladies/Gentlemen: We hereby establish our Irrevocable Standby Letter of Credit in your favor for the account of the above referenced Applicant in the amount of U.S. Dollars ($ ) available for payment at sight by your draft drawn on us when accompanied by the following documents:
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