Common use of Second Floor Clause in Contracts

Second Floor. Landlord shall tender possession of the Second Floor to ------------ Tenant for the purposes of commencing work on the Tenant Improvements related to the Second Floor on the Second Floor Availability Date, which shall be no sooner than October 31, 2000 (unless otherwise agreed by Landlord and Tenant). The Second Floor Availability Date shall not be deemed to have occurred until Tenant is actually given unencumbered access to the Second Floor to construct tenant improvements (regardless of whether or not Tenant has a tenant improvement permit). Landlord shall use its best reasonable efforts provide Tenant with five (5) months' prior written notice of the actual Second Floor Availability Date, which Landlord currently estimates will be January 1, 2001. Landlord shall also provide Tenant with written notice of any change in the estimated Second Floor Availability Date set forth in Section 1(b). Except as otherwise provided in this Section 4(b), if Landlord is unable to deliver possession of the Second Floor as provided herein for any reason, Landlord shall not be subject to any liability for the failure to deliver possession but in such event Tenant shall not be liable for any Rent related to the Second Floor until Landlord tenders possession of the Second Floor to Tenant and the provisions of Section 3(a) relating to the Second Floor have been satisfied. No such failure to deliver possession as provided herein shall in any other respect affect the validity of this Lease or the obligation of Tenant hereunder; provided, however, subject to delays caused by an event of force majeure (as defined in Section 31 and specifically including, without limitation, delays in Landlord's completion of the Five Newport Building for reasons beyond the control of Landlord) or delays caused by construction related changes requested by a tenant of the Five Newport Building, if the Second Floor is not available to Tenant to commence construction of the Tenant Improvements by May 1, 2001, and at such time Tenant actually occupies all of the Third Floor and all of the space Tenant subleases (if any) from Attachmate in the Four Newport Building, then per diem liquidated damages payable by Landlord shall accrue in favor of Tenant in the amount of one day of free Basic Rent with respect to the Second Floor for each day which damages shall continue until the actual Second Floor Availability Date. Notwithstanding anything in this Lease to the contrary, the parties agree that the actual damages that Tenant would suffer as a consequence of a delay in the delivery of the Second Floor beyond May 1, 2001, are too difficult to quantify. Tenant shall have the right to offset any such accrued liquidated damages against Basic Rent first due under this Lease. Landlord's failure to provide the five (5) month's prior written notice required under this Section 4(b) shall in no way alter, modify or diminish the liquidated damage provisions of this Section 4(b). Tenant shall have access to the Second Floor at least two (2) weeks prior to Landlord's estimated date of Substantial Completion of the Tenant Improvements on the Second Floor for the purpose of installing Tenant's furniture, fixtures and equipment. ________________________________________________________________________________ 5. RENT ________________________________________________________________________________

Second Floor. Commencing on the effective date of this Fourth Amendment (the “Second Floor Temporary Premises Commencement Date”), and continuing until the “Temporary Premises Expiration Date,” which shall be the later of (x) the Termination Date, and (y) if the New Lease terminates prior to the Commencement Date, July 31, 2020, Landlord shall tender possession lease to Tenant and Tenant shall lease from Landlord the entire second floor of that certain building at the Project located at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ (the “9363 Building”), consisting of approximately 22,105 rentable square feet and as more particularly shown on Exhibit A attached hereto (the “Second Floor Temporary Premises”). The period commencing on the Second Floor Temporary Premises Commencement Date through the Temporary Premises Expiration Date may be referred to herein as the “Second Floor Temporary Premises Term.” Tenant acknowledges and agrees that all of the terms and conditions of the Lease shall apply to the leasing of the Second Floor to ------------ Tenant for Temporary Premises, except that: (a) the purposes term of commencing work on the Tenant Improvements related lease with respect to the Second Floor on the Second Floor Availability Date, which Temporary Premises shall be no sooner than October 31, 2000 (unless otherwise agreed by Landlord and Tenant). The Second Floor Availability Date shall not be deemed to have occurred until Tenant is actually given unencumbered access to the Second Floor to construct tenant improvements (regardless of whether or not Tenant has a tenant improvement permit). Landlord shall use its best reasonable efforts provide Tenant with five (5) months' prior written notice of the actual Second Floor Availability Date, which Landlord currently estimates will be January 1, 2001. Landlord shall also provide Tenant with written notice of any change in the estimated Second Floor Availability Date as set forth in Section 1(b). Except as otherwise provided in the first sentence of this Section 4(b4(a), if Landlord is unable to deliver possession of the Second Floor as provided herein for any reason, Landlord shall not be subject to any liability for the failure to deliver possession but in such event ; (b) Tenant shall not be liable for any Rent related required to the Second Floor until Landlord tenders possession of the Second Floor to Tenant and the provisions of Section 3(a) relating to the Second Floor have been satisfied. No such failure to deliver possession as provided herein shall in any other respect affect the validity of this Lease or the obligation of Tenant hereunder; provided, however, subject to delays caused by an event of force majeure (as defined in Section 31 and specifically including, without limitation, delays in Landlord's completion of the Five Newport Building for reasons beyond the control of Landlord) or delays caused by construction related changes requested by a tenant of the Five Newport Building, if the Second Floor is not available to Tenant to commence construction of the Tenant Improvements by May 1, 2001, and at such time Tenant actually occupies all of the Third Floor and all of the space Tenant subleases (if any) from Attachmate in the Four Newport Building, then per diem liquidated damages payable by Landlord shall accrue in favor of Tenant in the amount of one day of free Basic pay Base Rent with respect to the Second Floor for each day which damages shall continue until Temporary Premises; (c) commencing on the actual Second Floor Availability Temporary Premises Commencement Date. Notwithstanding anything in this Lease , Tenant shall commence paying Tenant’s Share of Operating Expenses with respect to the contrarySecond Floor Temporary Premises (which is equal to 49.10%) and Tenant shall be responsible for paying for Utilities for the Second Floor Temporary Premises and for obtaining and paying for its own janitorial services for the Second Floor Temporary Premises; (d) in addition to Tenant’s payment of Tenant’s Share of Operating Expenses with respect to the Second Floor Temporary Premises, at any time during the parties agree that the actual damages Second Floor Temporary Premises Term that Tenant would suffer as a consequence of a delay is the only tenant in the delivery Building, Tenant shall be responsible for all electricity costs incurred with respect to the Building, (e) Landlord shall not be required to make any improvements to the Second Floor Temporary Premises or provide any tenant improvement allowance with respect to the Second Floor Temporary Premises, and Tenant shall accept the Second Floor Temporary Premises in its “as is” condition; (f) notwithstanding anything to the contrary contained in Section 22 of the original Lease, Tenant shall not have the right to sublease any portion of the Second Floor beyond May 1Temporary Premises or assign the Lease with respect to the Second Floor Temporary Premises; (g) subject to the terms of Section 10 of the original Lease, 2001, are too difficult to quantify. Tenant shall have the right to offset any such accrued liquidated damages against Basic Rent first due under this Lease. Landlord's failure to provide the five (5) month's prior written notice required under this Section 4(b) shall in at no way alter, modify or diminish the liquidated damage provisions of this Section 4(b). Tenant shall have access to charge during the Second Floor at least two (2) weeks prior to Landlord's estimated date of Substantial Completion Temporary Premises Term, in common with other tenants of the Tenant Improvements on Project, to use 3 parking spaces per 1,000 rentable square feet of the Second Floor for Temporary Premises; and (h) Tenant may not make any Alterations or any other improvements in the purpose of installing Tenant's furniture, fixtures and equipment. ________________________________________________________________________________ 5. RENT ________________________________________________________________________________Second Floor Temporary Premises.