Common use of Letter of Credit No Clause in Contracts

Letter of Credit No. This Letter of Credit expires at our above office on September 15, 2003, but shall be automatically extended, without written amendment, to September 15, in each succeeding calendar year up to but not beyond, September 15, 2005 unless at least ninety (90) days prior to the then current Expiration Date, we have sent written notice to you at your address above by registered mail or express courier that we elect not to renew this Letter of Credit beyond the date specified in such notice (the “Expiration Date”) which Expiration date will be September 15, 2003 or any subsequent September 15 occurring before September 15, 2005 and be at least ninety (90) days after the date we send you such notice. Upon our sending you such notice of the non-renewal of the expiration date of this Letter of Credit, you may also draw under this Letter of Credit by presentation to us at our above address, on or before the expiration date specified in such notice, of your draft drawn on us at sight accompanied by your signed and dated statement worded as follows: “The undersigned, an authorized representative of (Insert name of Beneficiary), hereby certifies that we have received notice of non-renewal from Wxxxx Fargo Bank, N. A. (“Non-renewal Notice”) that Wxxxx Fargo Bank Letter of Credit No. NZS will not be renewed beyond its current expiry date and we have not received a replacement letter of credit within ten (10) business days following the date of such Non-Renewal Notice.” This Letter of Credit is transferable one or more times, but in each instance to a single transferee and only in the full amount available to be drawn under this Letter of Credit at the time of each transfer. Any such transfer may be affected only through ourselves and only upon payment of our usual transfer fee and upon presentation to us at our above-specified office of a duly executed instrument of transfer in the format attached hereto as Exhibit A together with the original of this Letter of Credit. Any transfer of this Letter of Credit may not change the place of expiration of this Letter of Credit from our above specified office. Each transfer shall be evidenced by our endorsement on the reverse of the original of this Letter of Credit, and we shall deliver the original of this Letter of Credit so endorsed to the transferee. All charges for the transfer are for the account of Palm, Inc.. This is an integral part of Letter of Credit No. NZS Page 3 If any authenticated, signed and dated written instructions accompanying a drawing under this Letter of Credit request the payment is to be made by transfer to an account with us or at another bank, we and/or such other bank may rely on an account number specified in such instructions even if the number identifies a person or entity different from the intended payee. This Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 revision), International Chamber of Commerce Publication No. 500, and engages us in accordance therewith. Very truly yours, WXXXX FARGO BANK, N.A. BY: (AUTHORIZED SIGNATURE) THIS FORM IS TO BE USED WHERE THE LETTER OF CREDIT AMOUNT IS TRANSFERRED IN ITS ENTIRETY] EXHIBIT A TO WXXXX FARGO BANK, N.A. LETTER OF CREDIT NO. NZS TO: WXXXX FARGO BANK, N.A. Date: Northern California Trade Services Division 500 Xxxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxxxxxxx, Xxxxxxxxxx 00000

Letter of Credit No. This Letter of Credit expires at our above office on September 15, 2003, but shall be automatically extended, without written amendment, to September 15, Except as stated in each succeeding calendar year up to but not beyond, September 15, 2005 unless at least ninety (90) days prior to the then current Expiration Date, we have sent written notice to you at your address above by registered mail or express courier that we elect not to renew this Letter of Credit beyond the date specified in such notice (the “Expiration Date”) which Expiration date will be September 15, 2003 or any subsequent September 15 occurring before September 15, 2005 and be at least ninety (90) days after the date we send you such notice. Upon our sending you such notice of the non-renewal of the expiration date of this Letter of Credit, you may also draw our undertaking in this Letter of Credit is not subject to any condition or qualification. Our obligation under this Letter of Credit by presentation to us at will be our above address, on or before the expiration date specified individual obligation in such notice, of your draft drawn on us at sight accompanied by your signed and dated statement worded as follows: “The undersigned, an authorized representative of (Insert name of Beneficiary), hereby certifies that we have received notice of non-renewal from Wxxxx Fargo Bank, N. A. (“Non-renewal Notice”) that Wxxxx Fargo Bank Letter of Credit Nono way contingent upon reimbursement with respect thereto. NZS will not be renewed beyond its current expiry date and we have not received a replacement letter of credit within ten (10) business days following the date of such Non-Renewal Notice.” This Letter of Credit is transferable one or more times, but in each instance to a single transferee and only in the full amount available to be drawn under this Letter of Credit at the time of each transfer. Any such transfer may be affected only through ourselves and only upon payment of our usual transfer fee and upon presentation to us at our above-specified office of a duly executed instrument of transfer in the format attached hereto as Exhibit A together with the original of this Letter of Credit. Any transfer of this Letter of Credit may not change the place of expiration of this Letter of Credit from our above specified office. Each transfer shall be evidenced by our endorsement on the reverse of the original of this Letter of Credit, and we shall deliver the original of this Letter of Credit so endorsed to the transferee. All charges for the transfer are for the account of Palm, Inc.. This is an integral part of Letter of Credit No. NZS Page 3 If any authenticated, signed and dated written instructions accompanying a drawing under this Letter of Credit request the that payment is to be made by transfer to an account with us or at another bank, we and/or such other bank may rely on an account number specified in such instructions even if the number identifies a person or entity different from the intended payee. This Letter of Credit is transferable one or more times, but in each instance to a single transferee and only in the full amount available to be drawn under the Letter of Credit at the time of such transfer. Any such transfer may be effected only through ourselves and only upon presentation to us at our above-specified office of a duly executed instrument of transfer substantially in the format attached hereto as Exhibit B (which forms an integral part of this Irrevocable Letter of Credit), together with the original of this Letter of Credit and signed document as described above. Any transfer of this Letter of Credit may not change the place of expiration of this Letter of Credit from our above-specified office. Each transfer shall be evidenced by our endorsement on the reverse of the original of this Letter of Credit, and we shall deliver the original of this Letter of Credit so endorsed to the transferee. All charges in connection with any transfer shall be for the account of Interwoven, Inc. This Letter of Credit expires at our above office on June 30, 2002, but shall be automatically extended, without written amendment, to June 30 in each succeeding calendar year (the "Annual Renewal Date") (provided that the final expiration date shall not extend beyond February 23, 2012), unless we have sent written notice to you at your address above by registered mail or express courier that we elect not to renew this letter of credit beyond the date specified in such notice which date will be June 30, 2002, or any subsequent June 30 occurring before February 23, 2012. Any such notice of nonrenewal shall be sent at least forty-five (45) calendar days prior to the Annual Renewal Date. This Letter of Credit is subject to the Uniform Customs and Practice for For Documentary Credits (1993 revisionRevision), International Chamber of Commerce Publication No. 500, and engages us in accordance therewith. Very truly yours, WXXXX yours XXXXX FARGO BANK, N.A. BY: _____________________________ (AUTHORIZED SIGNATURE) THIS FORM IS Exhibit A Xxxxx Fargo Bank, N.A. Letter of Credit No. _________ ================================================================================ _____________________, CALIFORNIA [insert date] ------------------------------------------- AT SIGHT PAY TO BE USED WHERE THE LETTER ORDER OF CREDIT AMOUNT IS TRANSFERRED IN ITS ENTIRETY[insert Beneficiary name]__US$ [insert amount in numbers] EXHIBIT A TO WXXXX [insert amount in words] U.S. DOLLARS ------------------------------------------------------- DRAWN UNDER XXXXX FARGO BANK, N.A. LETTER OF CREDIT NO. NZS TO: WXXXX FARGO BANK, N.A. Date: Northern California Trade Services Division 500 Xxxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxxxxxxx, Xxxxxxxxxx 00000_______________ THIS SIGHT DRAFT IS ACCOMPANIED BY THE ORIGINAL LETTER OF CREDIT AND WRITTEN CERTIFICATION OF AN OFFICER OF BENEFICIARY AS REQUIRED BY THE LETTER OF CREDIT.

Letter of Credit No. This Letter of Credit expires at our above office on September 15, 2003, but shall be automatically extended, without written amendment, to September 15, Except as xxxxed in each succeeding calendar year up to but not beyond, September 15, 2005 unless at least ninety (90) days prior to the then current Expiration Date, we have sent written notice to you at your address above by registered mail or express courier that we elect not to renew this Letter of Credit beyond the date specified in such notice (the “Expiration Date”) which Expiration date will be September 15, 2003 or any subsequent September 15 occurring before September 15, 2005 and be at least ninety (90) days after the date we send you such notice. Upon our sending you such notice of the non-renewal of the expiration date of this Letter of Credit, you may also draw our undertaking in this Letter of Credit is not subject to any condition or qualification. Our obligation under this Letter of Credit by presentation to us at will be our above address, on or before the expiration date specified individual obligation in such notice, of your draft drawn on us at sight accompanied by your signed and dated statement worded as follows: “The undersigned, an authorized representative of (Insert name of Beneficiary), hereby certifies that we have received notice of non-renewal from Wxxxx Fargo Bank, N. A. (“Non-renewal Notice”) that Wxxxx Fargo Bank Letter of Credit Nono way contingent upon reimbursement with respect thereto. NZS will not be renewed beyond its current expiry date and we have not received a replacement letter of credit within ten (10) business days following the date of such Non-Renewal Notice.” This Letter of Credit is transferable one or more times, but in each instance to a single transferee and only in the full amount available to be drawn under this Letter of Credit at the time of each transfer. Any such transfer may be affected only through ourselves and only upon payment of our usual transfer fee and upon presentation to us at our above-specified office of a duly executed instrument of transfer in the format attached hereto as Exhibit A together with the original of this Letter of Credit. Any transfer of this Letter of Credit may not change the place of expiration of this Letter of Credit from our above specified office. Each transfer shall be evidenced by our endorsement on the reverse of the original of this Letter of Credit, and we shall deliver the original of this Letter of Credit so endorsed to the transferee. All charges for the transfer are for the account of Palm, Inc.. This is an integral part of Letter of Credit No. NZS Page 3 If any authenticated, signed and dated written instructions accompanying a drawing under this Letter of Credit request the that payment is to be made by transfer to an account with us or at another bank, we and/or such other bank may rely on an account number specified in such instructions even if the number identifies a person or entity different from the intended payee. This Letter of Credit is transferable one or more times, but in each instance to a single transferee and only in the full amount available to be drawn under the Letter of Credit at the time of such transfer. Any such transfer may be effected only through ourselves and only upon presentation to us at our above-specified office of a duly executed instrument of transfer in the EXHIBIT H format attached hereto as Exhibit B (which forms an integral part of this Irrevocable Letter of Credit), together with the original of this Letter of Credit Any transfer of this Letter of Credit may not change the place of expiration of this Letter of Credit from our above-specified office. Each transfer shall be evidenced by our endorsement on the reverse of the original of this Letter of Credit, and we shall deliver the original of this Letter of Credit so endorsed to the transferee. All charges in connection with any transfer shall be for the account of NetScreen Technologies, Inc. This Letter of Credit expires at our above office on February 28, 2003, but shall be automatically extended, without written amendment, to February 28 in each succeeding calendar year up to and including, but not beyond, February 28, 2008, unless we have sent written notice to Beneficiary at the address above (or at such other address specified in a duly executed instrument of transfer) by registered mail or express courier that we elect not to renew this Letter of Credit beyond the date specified in such notice (the "Expiration Date") which Expiration Date will be February 28, 2003, or any subsequent February 28 occurring before February 28, 2009 and be at least thirty (30) calendar days after the date we send you such notice. This Letter of Credit is subject to the Uniform Customs and Practice for For Documentary Credits (1993 revisionRevision), International Chamber of Commerce Publication No. 500, and engages us in accordance therewith. Very truly yours, WXXXX yours WELLS FARGO BANK, N.A. BY: ----------------------------- (AUTHORIZED SIGNATURE) THIS FORM IS TO BE USED WHERE THE LETTER OF CREDIT AMOUNT IS TRANSFERRED IN ITS ENTIRETY] EXHIBIT A TO WXXXX FARGO BANK, N.A. LETTER OF CREDIT NO. NZS TO: WXXXX FARGO BANK, N.A. Date: Northern California Trade Services Division 500 Xxxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxxxxxxx, Xxxxxxxxxx 00000H

Letter of Credit No. This To the Addressee: At the request of A , we B , hereby open this IRREVOCABLE STANDBY LETTER OF CREDIT NO. C in your favor up to an aggregate of $ D U.S. Dollars, available by your draft(s) on us at sight. We warrant to you that all of your drafts under this CLEAN IRREVOCABLE LETTER OF CREDIT WILL BE DULY HONORED UPON PRESENTATION OF YOUR DRAFT(S) drawn on us and presented to us at the office of our Texas Branch, now located at E , E on or before the expiration set forth below or future expiration date as indicated below. Our obligation under this Letter of Credit is the individual obligation of the Bank, in no way contingent upon reimbursement with respect thereto, or upon our ability to perfect any lien or security interest. All drafts must be marked “Drawn Under B Letter of Credit No. C dated , 200_ .” Partial drawings under this Letter of Credit are permitted. Drafts must be accompanied by a statement from the City Manager of the City of San Antonio, or his designee, that A has not performed certain terms, conditions or covenants contained in Concession Agreement No. by and between the City of San Antonio and A . This CLEAN IRREVOCABLE LETTER OF CREDIT expires at our above office the close of business on September 15F , 2003, but 200_. This CLEAN IRREVOCABLE LETTER OF CREDIT shall be automatically extended, extended without written amendment, to September 15, amendment for additional periods of one (1) year from the present or each future expiration date unless we have notified you in each succeeding calendar year up to but writing not beyond, September 15, 2005 unless at least ninety less than sixty (9060) days prior to the then current Expiration Date, we have sent written notice to you at your address above by registered mail or express courier before such date that we elect not to renew extend the Letter of Credit for such additional period, such notice to be sent by registered or certified mail to you at the address herein. Upon receipt by you of such notice you may draw on us at sight for the balance remaining in this Letter of Credit beyond within the date specified in such notice (the “Expiration Date”) which Expiration date will be September 15then applicable expiration date, 2003 or any subsequent September 15 occurring before September 15no statement required. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, 2005 and be at least ninety (90) days after the date we send you such notice. Upon our sending you such notice of the non-renewal of the expiration date of this Letter of Credit, you may also draw under this Letter of Credit by presentation to us at our above address, on or before the expiration date specified in such notice, of your draft drawn on us at sight accompanied by your signed and dated statement worded as follows: “The undersigned, an authorized representative of (Insert name of Beneficiary), hereby certifies that we have received notice of non-renewal from Wxxxx Fargo Bank, N. A. (“Non-renewal Notice”) that Wxxxx Fargo Bank Letter of Credit No. NZS will not be renewed beyond its current expiry date and we have not received a replacement letter of credit within ten (10) business days following the date of such Non-Renewal Notice.” This Letter of Credit is transferable one or more times, but in each instance to a single transferee and only in the full amount available to be drawn under this Letter of Credit at the time of each transfer. Any such transfer may be affected only through ourselves and only upon payment of our usual transfer fee and upon presentation to us at our above-specified office of a duly executed instrument of transfer in the format attached hereto as Exhibit A together with the original of this Letter of Credit. Any transfer of this Letter of Credit may not change the place of expiration of this Letter of Credit from our above specified office. Each transfer shall be evidenced by our endorsement on the reverse of the original of this Letter of Credit, and we shall deliver the original of this Letter of Credit so endorsed to the transferee. All charges for the transfer are for the account of Palm, Inc.. This is an integral part of Letter of Credit No. NZS Page 3 If any authenticated, signed and dated written instructions accompanying a drawing under this Letter of Credit request the payment is to be made by transfer to an account with us or at another bank, we and/or such other bank may rely on an account number specified in such instructions even if the number identifies a person or entity different from the intended payee. This Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 revision), International Chamber of Commerce Publication No. 500, and engages us in accordance therewith. Very truly yours, WXXXX FARGO BANK, N.A. BY: (AUTHORIZED SIGNATURE) THIS FORM IS TO BE USED WHERE THE LETTER OF CREDIT AMOUNT IS TRANSFERRED IN ITS ENTIRETYSUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (1993 REVISION) INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500. Bank Officer/Representative LEGEND: A-INSERT APPLICANT NAME, I.E. CONCESSIONAIRE NAME. B-INSERT NAME OF ISSUING BANK. C-INSERT L/C IDENTIFICATION NUMBER. D-INSERT DOLLAR VALUE OF INSTRUMENT. E-INSERT EXACT ADDRESS OF LOCAL BANK BRANCH. F-INSERT EXPIRATION DATE OF AGREEMENT PLUS SIXTY DAYS. EXHIBIT D DESIGN CRITERIA MANUAL [to be inserted from RFP] EXHIBIT A TO WXXXX FARGO BANK, N.A. LETTER OF CREDIT NO. NZS TO: WXXXX FARGO BANK, N.A. Date: Northern California Trade Services Division 500 Xxxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxxxxxxx, Xxxxxxxxxx 00000E STREET PRICING POLICY AND REQUIREMENTS

Letter of Credit No. This Letter of Credit expires at our above office on September 15, 2003, but shall be automatically extended, without written amendment, to September 15, Except as stated in each succeeding calendar year up to but not beyond, September 15, 2005 unless at least ninety (90) days prior to the then current Expiration Date, we have sent written notice to you at your address above by registered mail or express courier that we elect not to renew this Letter of Credit beyond the date specified in such notice (the “Expiration Date”) which Expiration date will be September 15, 2003 or any subsequent September 15 occurring before September 15, 2005 and be at least ninety (90) days after the date we send you such notice. Upon our sending you such notice of the non-renewal of the expiration date of this Letter of Credit, you may also draw our undertaking in this Letter of Credit is not subject to any condition or qualification. Our obligation under this Letter of Credit by presentation to us at will be our above address, on or before the expiration date specified individual obligation in such notice, of your draft drawn on us at sight accompanied by your signed and dated statement worded as follows: “The undersigned, an authorized representative of (Insert name of Beneficiary), hereby certifies that we have received notice of non-renewal from Wxxxx Fargo Bank, N. A. (“Non-renewal Notice”) that Wxxxx Fargo Bank Letter of Credit Nono way contingent upon reimbursement with respect thereto. NZS will not be renewed beyond its current expiry date and we have not received a replacement letter of credit within ten (10) business days following the date of such Non-Renewal Notice.” This Letter of Credit is transferable one or more times, but in each instance to a single transferee and only in the full amount available to be drawn under this Letter of Credit at the time of each transfer. Any such transfer may be affected only through ourselves and only upon payment of our usual transfer fee and upon presentation to us at our above-specified office of a duly executed instrument of transfer in the format attached hereto as Exhibit A together with the original of this Letter of Credit. Any transfer of this Letter of Credit may not change the place of expiration of this Letter of Credit from our above specified office. Each transfer shall be evidenced by our endorsement on the reverse of the original of this Letter of Credit, and we shall deliver the original of this Letter of Credit so endorsed to the transferee. All charges for the transfer are for the account of Palm, Inc.. This is an integral part of Letter of Credit No. NZS Page 3 If any authenticated, signed and dated written instructions accompanying a drawing under this Letter of Credit request the that payment is to be made by transfer to an account with us or at another bank, we and/or such other bank may rely on an account number specified in such instructions even if the number identifies a person or entity different from the intended payee. This Letter of Credit is transferable one or more times, but in each instance to a single transferee and only in the full amount available to be drawn under the Letter of Credit at the time of such transfer. Any such transfer may be effected only through ourselves and only upon presentation to us at our above-specified office of a duly executed instrument of transfer in the format attached hereto as Exhibit B (which forms an integral part of this Irrevocable Letter of Credit), together with the original of this Letter of Credit. Any transfer of this Letter of Credit may not change the place of expiration of this Letter of Credit from our above-specified office. Each transfer shall be evidenced by our endorsement on the reverse of the original of this Letter of Credit, and we shall deliver the original of this Letter of Credit so endorsed to the transferee. All charges in connection with any transfer shall be for the account of Interwoven, Inc. This Letter of Credit expires at our above office on August 1 , 2002, but shall automatically be extended, without written amendment, to August 1 in each succeeding calendar year from August 1, 2003 to August 1, 2012, and then to, but not beyond February 23, 2013, unless we have sent written notice to Beneficiary at the address above (or at such other address specified in a duly executed instrument of transfer) by registered mail or express courier that we elect not to extend this Letter of Credit beyond the date specified in such notice (the "Expiration Date"), which Expiration Date will be August 1, 2002 or any subsequent August 1 occurring before February 23, 2013 and will be at least forty-five calendar days after the date we send Beneficiary such notice. This Letter of Credit is subject to the Uniform Customs and Practice for For Documentary Credits (1993 revisionRevision), International Chamber of Commerce Publication No. 500, and engages us in accordance therewith. Very truly yours, WXXXX yours XXXXX FARGO BANK, N.A. N. A. BY: _____________________________ (AUTHORIZED SIGNATURE) THIS FORM IS Exhibit A Xxxxx Fargo Bank, N.A. Letter of Credit No. =============================================================================== XXX XXXXXXXXX, XXXXXXXXXX [insert date] ---------------------------------- AT SIGHT PAY TO BE USED WHERE THE LETTER ORDER OF CREDIT AMOUNT IS TRANSFERRED IN ITS ENTIRETY[insert Beneficiary name] EXHIBIT A TO WXXXX US$ [insert amount in ----------------------- ---------------- numbers] ------- [insert amount in words] U.S. DOLLARS -------------------------------------------------------------- DRAWN UNDER XXXXX FARGO BANK, N.A. N. A. LETTER OF CREDIT NO. NZS ___________ THIS SIGHT DRAFT IS ACCOMPANIED BY THE ORIGINAL LETTER OF CREDIT AND WRITTEN CERTIFICATION OF AN AUTHORIZED OFFICER OR AUTHORIZED REPRESENTATIVE OF BENEFICIARY AS REQUIRED BY THE LETTER OF CREDIT. TO: WXXXX XXXXX FARGO BANK, N. A. [insert Beneficiary name] --------------------------- ADDRESS: TRADE SERVICES DIVISION, N. CALIFORNIA 000 XXXXXX XXXXXX, 00XX XXXXX XXX XXXXXXXXX, XX 00000 [insert Beneficiary name] --------------------------- AUTHORIZED SIGNATURE =============================================================================== [insert Beneficiary name and insert signature on the back of the draft as an endorsement] Exhibit B Xxxxx Fargo Bank, N.A. Letter of Credit No. =============================================================================== Date: _____________ Xxxxx Fargo Bank, N.A. Trade Services Division, Northern California Trade Services Division 500 000 Xxxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxxxxxxx, Xxxxxxxxxx 0000000000 Subject: Your Letter of Credit No. _________ Ladies and Gentlemen: For value received, we hereby irrevocably assign and transfer all our rights under the above-captioned Letter of Credit, as heretofore and hereafter amended, extended or increased, to the party set forth below ("Transferee"): _____________________________ [insert name of transferee] _____________________________ _____________________________ [insert address] By this transfer, all of our rights in the Letter of Credit are transferred to the Transferee, and the Transferee shall have sole rights as Beneficiary under the Letter of Credit, including sole rights relating to any amendments, whether increases or extensions or other amendments, and whether now existing or hereafter made. You are hereby irrevocably instructed to advise future amendment(s) of the Letter of Credit to the Transferee without our consent or notice to us. Enclosed are the original Letter of Credit and the original of all amendments to this date. Please notify the Transferee of this transfer and of the terms and conditions of the Letter of Credit as transferred. This transfer will not become effective until the Transferee is so notified. Very truly yours, [insert name of transferor] By:__________________________ Name:________________________ Title:_______________________ Signature of Transferor Authenticated [insert name of bank] By: ______________________________ Name: __________________________ Title: _______________________ ================================================================================

Letter of Credit No. This Letter of Credit expires at our above office on September 15, 2003, but shall be automatically extended, without written amendment, to September 15, in each succeeding calendar year up to but not beyond, September 15, 2005 unless at least ninety (90) days prior to the then current Expiration Date, we have sent written notice to you at your address above by registered mail or express courier that we elect not to renew this Letter of Credit beyond the date specified in such notice (the “Expiration Date”) which Expiration date will be September 15, 2003 or any subsequent September 15 occurring before September 15, 2005 and be at least ninety (90) days after the date we send you such notice. Upon our sending you such notice of the non-renewal of the expiration date of Except as statxx xx this Letter of Credit, you may also draw our undertaking in this Letter of Credit is not subject to any condition or qualification. Our obligation under this Letter of Credit by presentation to us at will be our above address, on or before the expiration date specified individual obligation in such notice, of your draft drawn on us at sight accompanied by your signed and dated statement worded as follows: “The undersigned, an authorized representative of (Insert name of Beneficiary), hereby certifies that we have received notice of non-renewal from Wxxxx Fargo Bank, N. A. (“Non-renewal Notice”) that Wxxxx Fargo Bank Letter of Credit Nono way contingent upon reimbursement with respect thereto. NZS will not be renewed beyond its current expiry date and we have not received a replacement letter of credit within ten (10) business days following the date of such Non-Renewal Notice.” This Letter of Credit is transferable one or more times, but in each instance to a single transferee and only in the full amount available to be drawn under this Letter of Credit at the time of each transfer. Any such transfer may be affected only through ourselves and only upon payment of our usual transfer fee and upon presentation to us at our above-specified office of a duly executed instrument of transfer in the format attached hereto as Exhibit A together with the original of this Letter of Credit. Any transfer of this Letter of Credit may not change the place of expiration of this Letter of Credit from our above specified office. Each transfer shall be evidenced by our endorsement on the reverse of the original of this Letter of Credit, and we shall deliver the original of this Letter of Credit so endorsed to the transferee. All charges for the transfer are for the account of Palm, Inc.. This is an integral part of Letter of Credit No. NZS Page 3 If any authenticated, signed and dated written instructions accompanying a drawing under this Letter of Credit request the that payment is to be made by transfer to an account with us or at another bank, we and/or such other bank may rely on an account number specified in such instructions even if the number identifies a person or entity different from the intended payee. This Letter of Credit is transferable one or more times, but in each instance to a single transferee and only in the full amount available to be drawn under the Letter of Credit at the time of such transfer. Any such transfer may be effected only through ourselves and only upon presentation to us at our above-specified office of a duly executed instrument of transfer substantially in the format attached hereto as Exhibit B (which forms an integral part of this Irrevocable Letter of Credit), together with the original of this Letter of Credit and signed document as described above. Any transfer of this Letter of Credit may not change the place of expiration of this Letter of Credit from our above-specified office. Each transfer shall be evidenced by our endorsement on the reverse of the original of this Letter of Credit, and we shall deliver the original of this Letter of Credit so endorsed to the transferee. All charges in connection with any transfer shall be for the account of Interwoven, Inc. This Letter of Credit expires at our above office on June 30, 2002, but shall be automatically extended, without written amendment, to June 30 in each succeeding calendar year (the "Annual Renewal Date") (provided that the final expiration date shall not extend beyond February 23, 2012), unless we have sent written notice to you at your address above by registered mail or express courier that we elect not to renew this letter of credit beyond the date specified in such notice which date will be June 30, 2002, or any subsequent June 30 occurring before February 23, 2012. Any such notice of nonrenewal shall be sent at least forty-five (45) calendar days prior to the Annual Renewal Date. This Letter of Credit is subject to the Uniform Customs and Practice for For Documentary Credits (1993 revisionRevision), International Chamber of Commerce Publication No. 500, and engages us in accordance therewith. Very truly yours, WXXXX yours WELLS FARGO BANK, N.A. BY: _____________________________ (AUTHORIZED SIGNATURE) THIS FORM IS Exhibit A Wells Fargo Bank, N.A. Letter of Xxxxxt No. _________ _____________________, CALIFORNIA [insert date] AT SIGHT PAY TO BE USED WHERE THE LETTER ORDER OF CREDIT AMOUNT IS TRANSFERRED IN ITS ENTIRETY[insert Beneficiary name] EXHIBIT A TO WXXXX US$ [insert amount in numbers] [insert amount in words] U.S. DOLLARS ------------------------------------------------------- DRAWN UNDER WELLS FARGO BANK, N.A. LETTER OF CREDIT NO. NZS _______________ THIS SIXXX XRAFT IS ACCOMPANIED BY THE ORIGINAL LETTER OF CREDIT AND WRITTEN CERTIFICATION OF AN OFFICER OF BENEFICIARY AS REQUIRED BY THE LETTER OF CREDIT. TO: WXXXX WELLS FARGO BANK, N.A. [insert Beneficiary name] ADDRESS: [insert signature] ------------------------------ AUTHORIZED SIGNATURE [insert Beneficiary name and insert signature on the back of the draft as an endorsement] Exhibit B Wells Fargo Bank, N.A. Letter of Credix Xx. _________ Date: _______________ Wells Fargo Bank, N.A. Trade Services Division, Northern California Trade Services Division 500 000 Xarket Street, 25th Floor San Francisco, California 94105 Subjexx: Xxxx Xxxxxx Xxxxxxxx Xxxxxx Xx. _________ Xxxxxx xxx Xxxxxxxxx: For value received, 00xx Xxxxx Xxx Xxxxxxxxxwe hereby irrevocably assign and transfer all our rights under the above-captioned Letter of Credit, Xxxxxxxxxx 00000as heretofore and hereafter amended, extended or increased, to: ------------------------- [insert name of transferee] ------------------------- ------------------------- [insert address] By this transfer, all of our rights in the Letter of Credit are transferred to the transferee, and the transferee shall have sole rights as beneficiary under the Letter of Credit, including sole rights relating to any amendments, whether increases or extensions or other amendments, and whether now existing or hereafter made. You are hereby irrevocably instructed to advise future amendment(s) of the Letter of Credit to the transferee without our consent or notice to us. Enclosed are the original Letter of Credit and the original of all amendments to this date. Please notify the transferee of this transfer and of the terms and conditions of the Letter of Credit as transferred. This transfer will not become effective until the transferee is so notified. Very truly yours, [insert name of transferor] By: ______________________________ Name: ____________________________ Title: ___________________________ Signature of Transferor Authenticated [insert name of bank] By: ______________________________ Name: ____________________________ Title: ___________________________ CONSENT TO SUBLEASE This Consent to Sublease (this "Sublease Consent") is made and entered into as of August 3, 2001, by and among Moffett Park Drive LLC, a California limited liability company ("Mofxxxx"), Ariba, Inc., a Delaware corporation ("Ariba"), and Interwxxxx, Xnc., a Delaware corporation ("Interwoven").

Letter of Credit No. Gentlemen: We hereby establish in your favor our Irrevocable Letter of Credit No. , and you are hereby irrevocably authorized to draw on us under this Letter of Credit an amount up to USD (United States Dollars and 00/100). Funds under this Letter of Credit are available to you (the “Beneficiary”) by your sight draft (s) drawn on us, stating on its face: “Drawn under Irrevocable Letter of Credit No. ,” accompanied this original Letter of Credit and a certificate (the “Drawing Certificate”) signed by an officer or other representative of Beneficiary certifying “I, , an officer of (the “Beneficiary”) hereby certify to (the “Bank”), with respect to Irrevocable Letter of Credit No. issued by the Bank in favor of Beneficiary, that Beneficiary has the right to draw USD under that certain Lease Agreement dated (the “Lease”) between Beneficiary, as landlord, and , as tenant, for the premises comprising a portion of the building known as and numbered .” Partial and multiple drawings are permitted under this Letter of Credit. Presentation of drawings hereunder shall be made at our office located at , or at any other office which may be designated by us in a written notice delivered to you. This Letter of Credit expires at our above office on September 15is transferable in whole, 2003not in part, but shall and may be automatically extended, without written amendment, to September 15, in each succeeding calendar year up to but not beyond, September 15, 2005 unless at least ninety (90) days prior to the then current Expiration Date, we have sent written notice to you at your address above by registered mail or express courier that we elect not to renew successively transferred. Transfer of this Letter of Credit beyond shall be effective upon presentation to us of this original Letter of Credit, accompanied by our standard transfer request form appropriately completed. Upon such transfer, all references to the Beneficiary in the Letter of Credit shall be replaced with the name of the transferee. This Letter of Credit is effective on the date specified in such notice hereof and shall expire with our close of business at 5:00 P.M., our time, on (the “Expiration Date”) which Expiration date will be September 15, 2003 or any subsequent September 15 occurring before September 15, 2005 unless extended as hereinafter provided. We hereby engage with you that draft(s) drawn under and be at least ninety (90) days after in compliance with the date we send you such notice. Upon our sending you such notice of the non-renewal of the expiration date terms and conditions of this Letter of CreditCredit will be duly honored. Upon request, you may also we will promptly review and approve in advance any draw under this Letter of Credit facsimile copies of the form of the Drawing Certificate relating to such draw. This Letter of Credit shall be deemed automatically extended, without amendment, for additional periods of one (1) year from the Expiration Date hereof or any future expiration date, unless not less than sixty (60) days prior to any Expiration Date, we notify you in writing, by presentation to us registered mail, courier service or hand delivery, at our the above address, that we elect not to extend this Letter of Credit to any such additional periods. If we so notify you that this Letter of Credit will not be extended, you may draw the full amount then available on or before the then current expiration date specified in such notice, by means of your sight draft drawn on us at sight us, which draft need not be accompanied by your signed and dated statement worded as follows: “The undersignedthe certificate. In any event, an authorized representative of (Insert name of Beneficiary), hereby certifies that we have received notice of non-renewal from Wxxxx Fargo Bank, N. A. (“Non-renewal Notice”) that Wxxxx Fargo Bank Letter of Credit No. NZS will not be renewed beyond its current expiry date and we have not received a replacement letter of credit within ten (10) business days following the date of such Non-Renewal Notice.” This Letter of Credit is transferable one or more times, but in each instance to a single transferee and only in the full amount available to be drawn under this Letter of Credit at will not be extended beyond pursuant to the time of each transfer. Any such transfer may be affected only through ourselves and only upon payment of our usual transfer fee and upon presentation to us at our above-specified office of a duly executed instrument of transfer in the format attached hereto as Exhibit A together with the original first sentence of this Letter of Credit. Any transfer of this Letter of Credit may not change the place of expiration of this Letter of Credit from our above specified office. Each transfer shall be evidenced by our endorsement on the reverse of the original of this Letter of Credit, and we shall deliver the original of this Letter of Credit so endorsed to the transferee. All charges for the transfer are for the account of Palm, Inc.. This is an integral part of Letter of Credit No. NZS Page 3 If any authenticated, signed and dated written instructions accompanying a drawing under this Letter of Credit request the payment is to be made by transfer to an account with us or at another bank, we and/or such other bank may rely on an account number specified in such instructions even if the number identifies a person or entity different from the intended payeeparagraph. This Letter of Credit is subject to Article 5 of the Massachusetts Uniform Commercial Code and where not inconsistent therewith to the Uniform Customs and Practice Practices for Documentary Credits (1993 revision2007 Revision), International Chamber of Commerce Commerce, Paris, France, Publication No. 500, and engages us in accordance therewith590. Very truly yours, WXXXX FARGO BANKBank By: , N.A. BY: (AUTHORIZED SIGNATURE) THIS FORM IS TO BE USED WHERE THE LETTER OF CREDIT AMOUNT IS TRANSFERRED IN ITS ENTIRETY] Its Hereunto duly authorized EXHIBIT A TO WXXXX FARGO BANK, N.A. LETTER OF CREDIT NO. NZS TO: WXXXX FARGO BANK, N.A. Date: Northern California Trade Services Division 500 Xxxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxxxxxxx, Xxxxxxxxxx 00000G Appraisers’ Determination of Fair Market Rent