Common use of Definition of Prevailing Market Clause in Contracts

Definition of Prevailing Market. For purposes of this Section 7.3, “Prevailing Market” means the annual rental rate per square foot for space comparable to the Additional Offering Space in the Building and office buildings comparable to the Building in the San Mateo, California area under leases and expansion amendments being entered into at or about the time that Prevailing Market is being determined, giving appropriate consideration to tenant concessions, brokerage commissions, tenant improvement allowances, existing improvements in the space in question, and the method of allocating operating expenses and taxes. Notwithstanding the foregoing, space leased under any of the following circumstances shall not be considered to be comparable for purposes hereof: (i) the lease term is for less than the lease term of the Offering Space; (ii) the space is encumbered by the option rights of another tenant; or (iii) the space has a lack of windows and/or an awkward or unusual shape or configuration. The foregoing is not intended to be an exclusive list of space that will not be considered to be comparable.

Definition of Prevailing Market. For purposes of this Section 7.3Right of First Offer provision, “Prevailing Market” means shall mean the annual rental rate per square foot for space comparable to the Additional Offering Space in the Building and office buildings comparable to the Building in the San Mateo, California area under leases and renewal and expansion amendments being entered into at or about the time that Prevailing Market is being determined, giving appropriate consideration to tenant concessions, brokerage commissions, tenant improvement allowances, existing improvements in the space in question, and the method of allocating operating expenses and taxes. Notwithstanding the foregoing, space leased under any of the following circumstances shall not be considered to be comparable for purposes hereof: (i) the lease term is for less than the lease term of the Offering Space; , (ii) the space is encumbered by the option rights of another tenant; , or (iii) the space has a lack of windows and/or an awkward or unusual shape or configuration. The foregoing is not intended to be an exclusive list of space that will not be considered to be comparable.

Definition of Prevailing Market. For purposes of this Section 7.37.5, “Prevailing Market” means the annual rental rate per square foot for space comparable to the Additional Offering Space in the Building and office buildings comparable to the Building in the San Mateo, California area under leases and expansion amendments being entered into at or about the time that Prevailing Market is being determined, giving appropriate consideration to tenant concessions, brokerage commissions, tenant improvement allowances, existing improvements in the space in question, and the method of allocating operating expenses and taxes. Notwithstanding the foregoing, space leased under any of the following circumstances shall not be considered to be comparable for purposes hereof: (i) the lease term is for less than the lease term of the Offering Space; (ii) the space is encumbered by the option rights of another tenant; or (iii) the space has a lack of windows and/or an awkward or unusual shape or configuration. The foregoing is not intended to be an exclusive list of space that will not be considered to be comparable.

Definition of Prevailing Market. For purposes of this Section 7.3Right of First Offer provision, “Prevailing Market” means shall mean the annual rental rate per square foot for space comparable to the Additional Offering ROFO Space in the Building Property and other comparable office buildings comparable to within the Building in vicinity of the San Mateo, California area Property under leases and renewal and expansion amendments being entered into at or about the time that Prevailing Market is being determined, giving appropriate consideration to tenant concessions, brokerage commissions, tenant improvement allowances, existing improvements in the space in question, and the method of allocating operating expenses and taxes. Notwithstanding the foregoing, space leased under any of the following circumstances shall not be considered to be comparable for purposes hereof: (i) the lease term is for less than the lease term of the Offering ROFO Space; , (ii) the space is encumbered by the option rights of another tenant; , or (iii) the space has a lack of windows and/or an awkward or unusual shape or configuration. The foregoing is not intended to be an exclusive list of space that will not be considered to be comparable.

Definition of Prevailing Market. For purposes of this Section 7.35, “Prevailing Market” means the annual rental rate per square foot for space comparable to the Additional Offering Space in the Building and office buildings comparable to the Building in the San Mateo, California area under leases and renewal and expansion amendments being entered into at or about the time that Prevailing Market is being determined, giving appropriate consideration to tenant concessions, brokerage commissions, tenant improvement allowances, existing improvements in the space in question, and the method of allocating operating expenses and taxes. Notwithstanding the foregoing, space leased under any of the following circumstances shall not be considered to be comparable for purposes hereof: (i) the lease term is for less than the lease term of the Offering Space; (ii) the space is encumbered by the option rights of another tenant; or (iii) the space has a lack of windows and/or an awkward or unusual shape or configuration. The foregoing is not intended to be an exclusive list of space that will not be considered to be comparable.

Definition of Prevailing Market. For purposes of this Section 7.38.5, “Prevailing Market” means the annual rental rate per square foot for space comparable to the Additional Offering Space in the Building and office buildings comparable to the Building in the San Mateo, California area under leases and expansion amendments being entered into at or about the time that Prevailing Market is being determined, giving appropriate consideration to tenant concessions, brokerage commissions, tenant improvement allowances, existing improvements in the space in question, and the method of allocating operating expenses and taxes. Notwithstanding the foregoing, space leased under any of the following circumstances shall not be considered to be comparable for purposes hereof: (i) the lease term is for less than the lease term of the Offering Space; (ii) the space is encumbered by the option rights of another tenant; or (iii) the space has a lack of windows and/or an awkward or unusual shape or configuration. The foregoing is not intended to be an exclusive list of space that will not be considered to be comparable.

Definition of Prevailing Market. For purposes of this Section 7.39.4, “Prevailing Market” means the annual rental rate per square foot for space comparable to the Additional Offering Space in the Building and office buildings comparable to the Building in the San Mateo, California area under leases and renewal and expansion amendments being entered into at or about the time that Prevailing Market is being determined, giving appropriate consideration to tenant concessions, brokerage commissions, tenant improvement allowances, existing improvements in the space in question, and the method of allocating operating expenses and taxes. Notwithstanding the foregoing, space leased under any of the following circumstances shall not be considered to be comparable for purposes hereof: (i) the lease term is for less than the lease term of the Offering Space; (ii) the space is encumbered by the option rights of another tenant; or (iii) the space has a lack of windows and/or an awkward or unusual shape or configuration. The foregoing is not intended to be an exclusive list of space that will not be considered to be comparable.

Definition of Prevailing Market. For purposes of this Section 7.3Right of First Offer provision, “Prevailing Market” means shall mean the annual rental rate per square foot for space comparable to the Additional Offering Space in the Building and office buildings comparable to the Building in the San Mateo, California area Seattle central business district under leases and renewal and expansion amendments being entered into at or about the time that Prevailing Market is being determined, giving appropriate consideration to tenant concessions, brokerage commissions, tenant improvement allowances, existing improvements in the space in question, and the method of allocating operating expenses and taxes. Notwithstanding the foregoing, space leased under any of the following circumstances shall not be considered to be comparable for purposes hereof: (i) the lease term is for less than the lease term of the Offering Space; , (ii) the space is encumbered by the option rights of another tenant; , or (iii) the space has a lack of windows and/or an awkward or unusual shape or configuration. The foregoing is not intended to be an exclusive list of space that will not be considered to be comparable.

Definition of Prevailing Market. For purposes of this Section 7.3Right of First Offer provision, “Prevailing Market” means shall mean the annual rental rate per square foot for space comparable to the Additional Offering Space in the Building and office buildings comparable to the Building in the San MateoJose, California area under leases and renewal and expansion amendments being entered into at or about the time that Prevailing Market is being determined, giving appropriate consideration to tenant concessions, brokerage commissions, tenant improvement allowances, existing improvements in the space in question, and the method of allocating operating expenses and taxes. Notwithstanding the foregoing, space leased under any of the following circumstances shall not be considered to be comparable for purposes hereof: (i) the lease term is for less than the lease term of the Offering Space; , (ii) the space is encumbered by the option rights of another tenant; , or (iii) the space has a lack of windows and/or an awkward or unusual shape or configuration. The foregoing is not intended to be an exclusive list of space that will not be considered to be comparable.

Definition of Prevailing Market. For purposes of this Section 7.3Right of First Offer provision, “Prevailing Market” means shall mean the annual rental rate per square foot for space comparable to the Additional Offering Space in the Building and office buildings comparable to the Building in the San MateoPalo Alto, California area under leases and renewal and expansion amendments being entered into at or about the time tune that Prevailing Market is being determined, giving appropriate consideration to tenant concessions, brokerage commissions, tenant improvement allowances, existing improvements in the space in question, and the method of allocating operating expenses and taxes. Notwithstanding the foregoing, space leased under any of the following circumstances shall not be considered to be comparable for purposes hereof: (i) the lease term is for less than the lease term of the Offering Space; , (ii) the space is encumbered by the option rights of another tenant; , or (iii) the space has a lack of windows and/or an awkward or unusual shape or configuration. The foregoing is not intended to be an exclusive list of space that will not be considered to be comparable.

Definition of Prevailing Market. For purposes of this Section 7.37.2, “Prevailing Market” means the annual rental rate per square foot for space comparable to the Additional Offering Space in the Building and office buildings comparable to the Building in the San MateoRedwood City, California area under leases and renewal and expansion amendments being entered into at or about the time that Prevailing Market is being determined, giving appropriate consideration to tenant concessions, brokerage commissions, tenant improvement allowances, existing improvements in the space in question, and the method of allocating operating expenses and taxes. Notwithstanding the foregoing, space leased under any of the following circumstances shall not be considered to be comparable for purposes hereof: (i) the lease term is for less than the lease term of the Offering Space; (ii) the space is encumbered by the option rights of another tenant; or (iii) the space has a lack of windows and/or an awkward or unusual shape or configuration. The foregoing is not intended to be an exclusive list of space that will not be considered to be comparable.

Definition of Prevailing Market. For purposes of this Section 7.3Right of First Offer provision, “"Prevailing Market” means " shall mean the annual rental rate per square foot for space comparable to the Additional Offering Space in the Building and office buildings comparable to the Building in the San Mateo, California area Seattle central business district under leases and renewal and expansion amendments being entered into at or about the time that Prevailing Market is being determined, giving appropriate consideration to tenant concessions, brokerage commissions, tenant improvement allowances, existing improvements in the space in question, and the method of allocating operating expenses and taxes. Notwithstanding the foregoing, space leased under any of the following circumstances shall not be considered to be comparable for purposes hereof: (i) the lease term is for less than the lease term of the Offering Space; , (ii) the space is encumbered by the option rights of another tenant; , or (iii) the space has a lack of windows and/or an awkward or unusual shape or configuration. The foregoing is not intended to be an exclusive list of space that will not be considered to be comparable.

Definition of Prevailing Market. For purposes of this Section 7.3Right of First Offer provision, “Prevailing Market” means shall mean the annual rental rate per square foot for space comparable to the Additional Offering ROFO Space in the Building and office buildings comparable to the Building in the San MateoBruno, California area under leases and renewal and expansion amendments being entered into at or about the time that Prevailing Market is being determined, giving appropriate consideration to tenant concessions, brokerage commissions, tenant improvement allowances, existing improvements in the space in question, and the method of allocating operating expenses and taxes. Notwithstanding the foregoing, space leased under any of the following circumstances shall not be considered to be comparable for purposes hereof: (i) the lease term is for less than the lease term of the Offering ROFO Space; , (ii) the space is encumbered by the option rights of another tenant; , or (iii) the space has a lack of windows and/or an awkward or unusual shape or configuration. The foregoing is not intended to be an exclusive list of space that will not be considered to be comparable.

Definition of Prevailing Market. For purposes of this Section 7.3Right of First Offer provision, “"Prevailing Market” means " shall mean the annual rental rate per square foot for space comparable to the Additional Offering Space in the Building and office buildings comparable to the Building in the San Mateo, California West Orange County area marketplace under leases and renewal and expansion amendments being entered into at or about the time that Prevailing Market is being determined, giving appropriate consideration to tenant concessions, brokerage commissions, tenant improvement allowances, existing improvements in the space in question, and the method of allocating operating expenses and taxes. Notwithstanding the foregoing, space leased under any of the following circumstances shall not be considered to be comparable for purposes hereof: (i) the lease term is for less than the lease term of the Offering Space; , (ii) the space is encumbered by the option rights of another tenant; , or (iii) the space has a lack of windows and/or an awkward or unusual shape or configuration. The foregoing is not intended to be an exclusive list of space that will not be considered to be comparable.

Definition of Prevailing Market. For purposes of this Section 7.3, 7.1. “Prevailing Market” means the annual rental rate per square foot for space comparable to the Additional Offering Space in the Building and office buildings comparable to the Building in the San Mateo, California area under leases and renewal and expansion amendments being entered into at or about the time that Prevailing Market is being determined, giving appropriate consideration to tenant concessions, brokerage commissions, tenant improvement allowances, existing improvements in the space in question, and the method of allocating operating expenses and taxes. Notwithstanding the foregoing, space leased under any of the following circumstances shall not be considered to be comparable for purposes hereof: (i) the lease term is for less than the lease term of the Offering Space; (ii) the space is encumbered by the option rights of another tenant; or (iii) the space has a lack of windows and/or an awkward or unusual shape or configuration. The foregoing is not intended to be an exclusive list of space that will not be considered to be comparable.. February 4, 2011 Matter ID: 2924

Definition of Prevailing Market. For purposes of this Section 7.3Right of First Offer provision, “"Prevailing Market” means shall mean the annual rental rate per square foot for space comparable to the Additional Offering Space in the Building and office buildings comparable to the Building in the San MateoEmeryville, California area under leases and renewal and expansion amendments being entered into at or about the time that Prevailing Market is being determined, giving appropriate consideration to tenant concessions, brokerage commissions, tenant improvement allowances, existing improvements in the space in question, and the method of allocating operating expenses and taxes. Notwithstanding the foregoing, space leased under any of the following circumstances shall not be considered to be comparable for purposes hereof: (i) the lease term is for less than the lease term of the Offering Space; , (ii) the space is encumbered by the option rights of another tenant; , or (iii) the space has a lack of windows and/or an awkward or unusual shape or configuration. The foregoing is not intended to be an exclusive list of space that will not be considered to be comparable.

Definition of Prevailing Market. For purposes of this Section 7.3Right of First Offer provision, “Prevailing Market” means shall mean the annual rental rate per square foot for space comparable to the Additional Offering Space in the Building and office buildings comparable to the Building in the San MateoEmeryville, California area under leases and renewal and expansion amendments being entered into at or about the time that Prevailing Market is being determined, giving appropriate consideration to tenant concessions, brokerage commissions, tenant improvement allowances, existing improvements in the space in question, and the method of allocating operating expenses and taxes. Notwithstanding the foregoing, space leased under any of the following circumstances shall not be considered to be comparable for purposes hereof: (i) the lease term is for less than the lease term of the Offering Space; , (ii) the space is encumbered by the option rights of another tenant; , or (iii) the space has a lack of windows and/or an awkward or unusual shape or configuration. The foregoing is not intended to be an exclusive list of space that will not be considered to be comparable.

Definition of Prevailing Market. For purposes of this Section 7.39, “Prevailing Market” means the annual rental rate per square foot for space comparable to the Additional Offering Space in the Building and office buildings comparable to the Building in the San MateoRedwood City, California area under leases and renewal and expansion amendments being entered into at or about the time that Prevailing Market is being determined, giving appropriate consideration to tenant concessions, brokerage commissions, tenant improvement allowances, existing improvements in the space in question, and the method of allocating operating expenses and taxes. Notwithstanding the foregoing, space leased under any of the following circumstances shall not be considered to be comparable for purposes hereof: (i) the lease term is for less than the lease term of the Offering Space; (ii) the space is encumbered by the option rights of another tenant; or (iii) the space has a lack of windows and/or an awkward or unusual shape or configuration. The foregoing is not intended to be an exclusive list of space that will not be considered to be comparable.

Definition of Prevailing Market. For purposes of this Section 7.3Right of First Offer provision, “Prevailing Market” means shall mean the annual rental rate per square foot for space comparable to the Additional Offering Space in the Building and office buildings comparable to the Building in the San Mateo, California area vicinity of the Building under leases and renewal and expansion amendments being entered into at or about the time that Prevailing Market is being determined, giving appropriate consideration to tenant concessions, brokerage commissions, tenant improvement allowances, existing improvements in the space in question, and the method of allocating operating expenses and taxes. Notwithstanding the foregoing, space leased under any of the following circumstances shall not be considered to be comparable for purposes hereof: (i) the lease term is for less than the lease term of the Offering Space; , (ii) the space is encumbered by the option rights of another tenant; , or (iii) the space has a lack of windows and/or an awkward or unusual shape or configuration. The foregoing is not intended to be an exclusive list of space that will not be considered to be comparable.

Definition of Prevailing Market. For purposes of this Section 7.3Expansion Option provision, “Prevailing Market” means shall mean the annual rental rate per square foot for space comparable to the Additional Offering First Floor Space in the Building and office buildings comparable to the Building in the San Mateo, California Newton/Route 128 area under leases and renewal and expansion amendments being entered into at or about the time that Prevailing Market is being determined, giving appropriate consideration to tenant concessions, brokerage commissions, tenant improvement allowances, existing improvements in the space in question, and the method of allocating operating expenses and taxes. Notwithstanding the foregoing, space leased under any of the following circumstances shall not be considered to be comparable for purposes hereof: (i) the lease term is for less than the lease term of the Offering Expansion Space; , (ii) the space is encumbered by the option rights of another tenant; , or (iii) the space has a lack of windows and/or an awkward or unusual shape or configuration. The foregoing is not intended to be an exclusive list of space that will not be considered to be comparable.

Definition of Prevailing Market. For purposes of this Section 7.3Right of First Offer provision, “Prevailing Market” means shall mean the annual rental rate per square foot for space comparable to the Additional Offering Space in the Building and other similar class office buildings comparable to the Building in the San MateoHouston, California Texas area under leases and renewal and expansion amendments being entered into at or about the time that Prevailing Market is being determined, giving appropriate consideration to tenant concessions, brokerage commissions, tenant improvement allowancesAllowances, existing improvements in the space in question, question and the method of allocating operating expenses and taxes. Notwithstanding the foregoing, space leased under any of the following circumstances shall not be considered to be comparable for purposes hereof: (i) the lease term is for less than the lease term of the Offering Space; , (ii) the space is encumbered by the option rights of another tenant; , or (iii) the space has a lack of windows and/or an awkward or unusual shape or configuration. The foregoing is not intended to be an exclusive list of space that will not be considered to be comparable.

Definition of Prevailing Market. For purposes of this Section 7.3Right of First Offer provision, “Prevailing Market” means shall mean the annual rental rate per square foot for space comparable to the Additional Offering Space in the Building and office buildings comparable to the Building in the San MateoSacamento, California area under leases and renewal and expansion amendments being entered into at or about the time that Prevailing Market is being determined, giving appropriate consideration to tenant concessions, brokerage commissions, tenant improvement allowances, existing improvements in the space in question, and the method of allocating operating expenses and taxes. Notwithstanding the foregoing, space leased under any of the following circumstances shall not be considered to be comparable for purposes hereof: ; (i) the lease term is for less than the lease term of the Offering Space; , (ii) the space is encumbered by the option rights of another tenant; , or (iii) the space has a lack of windows and/or an awkward or unusual shape or configuration. The foregoing is not intended to be an exclusive list of space that will not be considered to be comparable.

Definition of Prevailing Market. For purposes of this Section 7.3Right of First Offer provision, “Prevailing Market” means shall mean the annual rental rate per square foot for space comparable to the Additional Offering Space in the Building and office buildings comparable to the Building in the San Mateo, California area Bellevue central business district under leases and renewal and expansion amendments being entered into at or about the time that Prevailing Market is being determined, giving appropriate consideration to tenant concessions, brokerage commissions, tenant improvement allowances, existing improvements in the space in question, and the method of allocating operating expenses and taxes. Notwithstanding the foregoing, space leased under any of the following circumstances shall not be considered to be comparable for purposes hereof: (i) the lease term is for less than the lease term of the Offering Space; , (ii) the space is encumbered by the option rights of another tenant; , or (iii) the space has a lack of windows and/or an awkward or unusual shape or configuration. The foregoing is not intended to be an exclusive list of space that will not be considered to be comparable.