Common use of Sublet Premises Clause in Contracts

Sublet Premises. In consideration of Sublessee’s obligation to pay Rent as herein provided and in consideration of the other terms, covenants, and conditions hereof, Sublessor leases to Sublessee, and Sublessee leases from Sublessor, the Sublet Premises (as the same may be adjusted during the Term hereof), to have and to hold for the Term, subject to the terms, covenants and conditions of this Sublease. As appurtenant thereto, the “Sublet Premises” shall include all rights and easements on, over and through the Building, including all entrances and exits to the public streets, for vehicular and pedestrian access, ingress and egress to and from the Sublet Premises. The parties hereto hereby acknowledge and agree that the “Sublet Premises” additionally include both the back-up generator located on-site and the shipping container presently located in the parking area servicing the Building; provided, however, that for the period beginning on the Commencement Date and continuing through the Premises Expansion Date, Sublessor shall have the exclusive right to use the shipping container for storage purposes and Sublessee hereby acknowledges that such exclusive use by Sublessor for such period does not materially interfere with Sublessee’s use of the Sublet Premises nor does such exclusive use by Sublessor constitute any manner of constructive eviction of Sublessee’s possessory rights provided by this Sublease. Notwithstanding the foregoing, including in the definition of “Sublet Premises” set forth in the Basic Lease Definitions hereinabove, Sublessee shall have the one (1) time option to move forward the Premises Expansion Date to a date which is earlier than the date which is eighteen (18) months following the Commencement Date hereof. In any case, any such notice from Sublessee to move forward the Premises Expansion Date must be received by Sublessor no less than ninety (90) days prior to Premises Expansion Date. In the event, Sublessee effectively exercises the right to advance the Premises Expansion Date, the Base Rent schedule set forth above, and all amounts due from Sublessee to Sublessor as provided pursuant to this Sublease, shall be adjusted to reflect that Sublessee shall be occupying the entire Building, and by and from the effectiveness thereof, the definition of “Sublet Premises” shall include the entire 26,800 rentable square feet of the Building.

Sublet Premises. In consideration of Sublessee’s obligation Subject to pay Rent as herein provided and in consideration of the other terms, covenantsconditions and covenants hereinafter set forth, Sublandlord hereby subleases the Sublet Premises to Subtenant, and conditions hereof, Sublessor leases to SublesseeSubtenant hereby hires and accepts the Sublet Premises from Sublandlord. In addition, and Sublessee leases as part of this Sublease, Sublandlord shall lease to Subtenant, and Subtenant shall lease from SublessorSublandlord, any and all existing permanently attached improvements in the Sublet Premises (as the same may be adjusted during the Term hereof), to have and to hold for the Term, subject to "Improvements") upon all of the terms, covenants and conditions of this Subleaseherein contained. As appurtenant theretoused herein, the “term "Sublet Premises” " shall also include all rights the Improvements for the purposes of Subtenant's maintenance,, repair and easements onsurrender obligations. Consistent with the Main Lease, over Subtenant shall use the Sublet Premises solely for general office, assembly, research and through development, or any other legally permitted use pursuant to the M1B zoning (or successor zoning designation) applicable to the Building, including all entrances and exits to the public streets, for vehicular and pedestrian access, ingress and egress to and from the Sublet Premises. The parties hereto hereby acknowledge and agree that the “Sublet Premises” additionally include both the back-up generator located on-site and the shipping container presently located in the parking area servicing the Building; provided, however, that for the period beginning on the Commencement Date and continuing through the Premises Expansion Date, Sublessor shall have the exclusive right to use the shipping container for storage purposes and Sublessee hereby acknowledges that such exclusive use by Sublessor for such period does not materially interfere with Sublessee’s use precise square footage of the Sublet Premises nor does such exclusive use by Sublessor constitute any manner may vary slightly (not greater than 3% of constructive eviction the amount set forth thereon) from the square footage described in Recital B above because it is subject to space planning and final measurement. Before Subtenant takes possession of Sublessee’s possessory rights provided by this Sublease. Notwithstanding the foregoing, including in the definition of “Sublet Premises” , Sublandlord and Subtenant shall mutually agree upon the precise rentable square footage of the Sublet Premises (the "Net Square Footage") using current industry measuring standards endorsed by the Building Owners and Managers Association but consistent with any such standard set forth in the Basic Main Lease Definitions hereinabove(the "BOMA Standard"). (a) As part of Subtenant's rights under this Sublease which are subject to its quiet enjoyment protections set forth in Section 40 below, Sublessee Subtenant shall have the one non-exclusive right in common with Sublandlord and any other subtenants and occupants of the Building to use the Lobby Area and, if applicable, any common areas of the Original Premises that are required for Subtenant's access to, and use and enjoyment of, the Sublet Premises (collectively, the "Building Common Areas"). Neither Sublandlord nor Subtenant shall cause or permit any obstruction of or interference with the other party's rights to use the Building Common Areas for their intended purposes. (b) Subtenant shall have the non-exclusive use of a portion of the exterior of the roof of the Building (the "Roof Area") for the installation of Telecommunications Equipment (as defined in Article 22 of the Main Lease), as such location shall be approved in advance by Sublandlord (which approval shall not be unreasonably withheld or delayed), and shall have the non-exclusive right to install connector cables within the Building as necessary to connect the Telecommunications Equipment to the equipment in the Sublet Premises subject to all of the terms and conditions of Article 22 of the Main Lease (including, without limitation, any and all approvals required from Landlord) and the following conditions: (1) time option prior to move forward submission to the Premises Expansion Date City of San Diego, if required and Landlord, Subtenant shall provide to Sublandlord for review and approval, complete plans and specifications for the Telecommunications Equipment which shall include a date which is earlier than list of all such equipment and the date which is eighteen proposed location for the installation of the same; (182) months following Subtenant shall, at Subtenant's sole cost and expense, obtain any and all required permits for any such installation and operation of such Telecommunications Equipment, including, without limitation all building permits and shall provide Landlord and Sublandlord with copies of the Commencement Date hereof. In any casesame; (3) Subtenant shall comply with all applicable covenants, conditions and restrictions and all governmental rules and regulations applicable to the installation and operation of such Telecommunications Equipment, including, without limitation, any requirements for screening of the same and FCC requirements; and (4) Subtenant shall, at its sole cost, remove such notice from Sublessee Telecommunications Equipment upon the expiration or earlier termination of this Sublease and shall return the affected portion of the Building and the roof of the Building to move forward the Premises Expansion Date must condition required by Landlord pursuant to the terms and conditions of the Main Lease. Any costs related to Subtenant's installation or use of Telecommunications Equipment that are passed through to Sublandlord pursuant to the Main Lease shall be received reimbursed to Sublandlord by Sublessor no less than ninety Subtenant within ten (9010) days prior to Premises Expansion Date. In the event, Sublessee effectively exercises the right to advance the Premises Expansion Date, the Base Rent schedule set forth above, and all amounts due from Sublessee to Sublessor as provided pursuant to this Sublease, shall be adjusted to reflect that Sublessee shall be occupying the entire Building, and by and from the effectiveness thereof, the definition after Sublandlord's delivery of “Sublet Premises” shall include the entire 26,800 rentable square feet of the Buildinga written demand therefor.