Common use of Subleased Premises Clause in Contracts

Subleased Premises. Subject to the terms and conditions contained in this Sublease, Sublessor hereby subleases to Sublessee, and Sublessee hereby subleases from Sublessor, the entire premises covered by the Master Lease as depicted on Exhibit A hereto (the “Subleased Premises”); provided, however, subject to Section 29 below, Sublessor shall retain for itself and its employees, agents, contractors, invitees, licensees, successors and assigns (and Sublessee does hereby grant to each of the foregoing) the right to non-exclusive use of all common areas, landscaped areas, sidewalks and driveways related to each of Bxxxxxxx 0, Xxxxxxxx 0 and Building 6 (collectively, the “Buildings”). Moreover, subject to the terms and conditions of this Sublease, Sublessee shall have non-exclusive use of all common areas, landscaped areas, sidewalks and driveways related to the Building. For the avoidance of doubt, Sublessee acknowledges that it has no right to access any building (other than the Buildings and Building 5 if Sublessee exercises the ROFO, as defined in Section 27.1 below pursuant to the Subleases) in the project that the Buildings are a part. Sublessee hereby acknowledges and agrees that Building 4 consists of approximately 101,253 rentable square feet. Nevertheless, the parties agree that the foregoing approximation shall be final and binding for all purposes hereunder; and notwithstanding anything to the contrary contained herein, no adjustment shall be made to the Base Rent (as defined in Section 5.1(a) below) if the actual square footage of Building 4 differs from any reference to square footage contained herein.

Subleased Premises. Subject to the terms and conditions contained in this Sublease, Sublessor hereby subleases to Sublessee, and Sublessee hereby subleases from Sublessor, the entire premises covered by the Master Lease as depicted on Exhibit A hereto (the “Subleased Premises”); provided, however, subject to Section 29 below, Sublessor shall retain for itself and its employees, agents, contractors, invitees, licensees, successors and assigns (and Sublessee does hereby grant to each of the foregoing) the right to non-exclusive use of all common areas, landscaped areas, sidewalks and driveways related to each of Bxxxxxxx 0, Xxxxxxxx 0 and Building 6 (collectively, the “Buildings”)Building. Moreover, subject to the terms and conditions of this Sublease, Sublessee shall have exclusive use of the service yard adjacent to Building 5 comprising approximately 2862 square feet as depicted on Exhibit A attached hereto as AREA B thereon (the “ B5 Service Yard”), and shall have the non-exclusive use of all common areas, landscaped areas, sidewalks and driveways related to the Building. For all purposes hereunder, the B5 Service Yard shall be treated as a part of the Subleased Premises as of the Commencement Date (as hereinafter defined). For the avoidance of doubt, Sublessee acknowledges that it has no right to access any building (other than the Building and Buildings 3, 4 and Building 5 if Sublessee exercises 6 while the ROFO, as defined Other Subleases and this Sublease are in Section 27.1 below pursuant to the Subleases) in the project that the Buildings are a parteffect. Sublessee hereby acknowledges and agrees that Building 4 5 consists of approximately 101,253 94,484 rentable square feet. Nevertheless, the parties agree that the foregoing approximation shall be final and binding for all purposes hereunder; and notwithstanding anything to the contrary contained herein, no adjustment shall be made to the Base Rent (as defined in Section 5.1(a) below) if the actual square footage of Building 4 5 differs from any reference to square footage contained herein.

Subleased Premises. Subject to the terms and conditions contained in this Sublease, Sublessor hereby subleases to Sublessee, Sublessee and Sublessee hereby subleases rents from SublessorSublessor premises located at 0000 Xxxx Xxxxxxx Xxxxxx, the entire premises covered by the Master Lease as depicted Xxxxxxxxx, Xxxxxxxx 00000 and further described on Exhibit A B attached hereto consisting of approximately 153,048 rentable square feet (such space being hereinafter called the “Subleased "Office Premises”"); provided, howeverwith occupancy thereof to be in accordance with the following three phase schedule, subject together with Sublessee's right to Section 29 belowuse the Common Area Facilities (as defined in paragraph 5.1 hereof), Sublessor shall retain for itself and its employees, agents, contractors, invitees, licensees, successors and assigns (and Sublessee does hereby grant to each of the foregoing) the right to non-exclusive use of and occupy the Parking Areas (as defined in paragraph 5.2 hereof), all common areasfor the term hereinafter stated, landscaped areasfor the rent hereinafter reserved, sidewalks and driveways related to each of Bxxxxxxx 0, Xxxxxxxx 0 upon and Building 6 (collectively, the “Buildings”). Moreover, subject to the terms covenants, terms, conditions, limitations, exceptions and conditions reservations of this Sublease. The Office Premises, Common Area Facilities and Parking Areas are hereinafter collectively called the Subleased Premises. The Subleased Premises also include the fixtures, improvements and any other property now installed. Sublessee shall have the right to pass in and out of all corridors necessary to access the Subleased Premises. For Phase 2 and Phase 3 Sublessor shall utilize reasonable efforts to vacate contiguous blocks of space and make such space available for Sublessee earlier than contemplated herein for Phase 2 and Phase 3. In such event, Sublessee shall have non-exclusive use the option to occupy the space made available, but shall have no obligation to do so. In the event Sublessee occupies such space earlier than provided below, Sublessee shall be responsible for paying rent, and all additional charges for the space so occupied commencing on the sixtieth day after Sublessee occupies said portion of all common areas, landscaped areas, sidewalks and driveways related Phase 2 or Phase 3. Subject to the Building. For the avoidance of doubt, Sublessee acknowledges that it has no right to access any building (other than the Buildings and Building 5 if Sublessee exercises the ROFO, as defined in Section 27.1 below pursuant to the Subleases) in the project that the Buildings are a part. Sublessee hereby acknowledges and agrees that Building 4 consists of approximately 101,253 rentable square feet. Neverthelessforegoing paragraph, the parties agree that the foregoing approximation schedule for occupancy by Sublessee shall be final and binding for all purposes hereunder; and notwithstanding anything to the contrary contained herein, no adjustment shall be made to the Base Rent (as defined in Section 5.1(a) below) if the actual square footage of Building 4 differs from any reference to square footage contained herein.follows:

Subleased Premises. Subject to the terms and conditions contained in this Sublease, Sublessor hereby subleases to Sublessee, and Sublessee hereby subleases from Sublessor, the entire premises covered by the Master Lease as depicted on Exhibit A hereto (the “Subleased Premises”); provided, however, subject to Section 29 below, Sublessor shall retain for itself and its employees, agents, contractors, invitees, licensees, successors and assigns (and Sublessee does hereby grant to each of the foregoing) the right to non-exclusive use of all common areas, landscaped areas, sidewalks and driveways related to each of Bxxxxxxx 0, Xxxxxxxx 0 and Building 6 (collectively, the “Buildings”). Moreover, subject to the terms and conditions of this Sublease, Sublessee shall have non-exclusive use of all common areas, landscaped areas, sidewalks and driveways related to the Building. For the avoidance of doubt, Sublessee acknowledges that it has no right to access any building (other than the Buildings and Building 5 if Sublessee exercises the ROFO, as defined in Section 27.1 below pursuant to the Subleases) in the project that the Buildings are a part. Sublessee hereby acknowledges and agrees that Building 4 3 consists of approximately 101,253 60,128 rentable square feet. Nevertheless, the parties agree that the foregoing approximation shall be final and binding for all purposes hereunder; and notwithstanding anything to the contrary contained herein, no adjustment shall be made to the Base Rent (as defined in Section 5.1(a) below) if the actual square footage of Building 4 3 differs from any reference to square footage contained herein.

Subleased Premises. Subject to the terms and conditions contained in this Sublease, Sublessor hereby subleases to Sublessee, and Sublessee hereby subleases from Sublessor, the entire premises covered by the Master Lease as depicted on Exhibit A hereto (the “Subleased Premises”); provided, however, subject to Section 29 below, Sublessor shall retain for itself and its employees, agents, contractors, invitees, licensees, successors and assigns (and Sublessee does hereby grant to each of the foregoing) the right to non-exclusive use of all common areas, landscaped areas, sidewalks and driveways related to each of Bxxxxxxx 0, Xxxxxxxx 0 and Building 6 (collectively, the “Buildings”). Moreover, subject to the terms and conditions of this Sublease, Sublessee shall have non-exclusive use of all common areas, landscaped areas, sidewalks and driveways related to the Building, including the “Hetch-Hetchy Land” described in Paragraph 49 of the Master Lease (the “Hetch-Hetchy Land”). For the avoidance of doubt, Sublessee acknowledges that it has no right to access any building (other than the Buildings and Building 5 if Sublessee exercises the ROFO, as defined in Section 27.1 below pursuant to the Subleases) in the project that the Buildings are a part. Sublessee hereby acknowledges and agrees that Building 4 6 consists of approximately 101,253 187,134 rentable square feet. Nevertheless, the parties agree that the foregoing approximation shall be final and binding for all purposes hereunder; and notwithstanding anything to the contrary contained herein, no adjustment shall be made to the Base Rent (as defined in Section 5.1(a) below) if the actual square footage of Building 4 6 differs from any reference to square footage contained herein.