Common use of Use of Roof Clause in Contracts

Use of Roof. Tenant acknowledges that Landlord has reserved the right to use the roof of Building 1, including the right to lease or license its use. Tenant and no employee or invitee of Tenant shall go upon the roof of the Building, except as otherwise expressly provided herein. Tenant shall have the exclusive right to use 50% of the total area of the roof, in location(s) designated by Landlord and reasonably approved by Tenant, to install a satellite dish or cluster of dishes and ancillary telecommunications equipment in connection with Tenant's business operations. Tenant's roof use shall be on the following terms and conditions set forth herein. Subject to Applicable Laws, Tenant shall have the right to install or cause to be installed rooftop equipment ("ROOFTOP EQUIPMENT") pursuant to plans and specifications which shall be subject to Landlord's prior written approval, which shall not be unreasonably withheld or delayed on the roof of the Building, in a location as Landlord and Tenant may mutually agree. There shall be no additional charge payable by Tenant to Landlord for the use of such area or for the installation of the Rooftop Equipment. If the Rooftop Equipment is to be installed on the roof, Tenant shall notify Landlord in writing that the Rooftop Equipment is to be installed on the roof. Tenant shall be solely responsible for complying with (or causing its vendor to comply with) the requirements of such roof warranty or roof bond in connection with the installation, maintenance, repair, replacement or removal of the Rooftop Equipment. Tenant shall repair any damage to the roof caused by the installation, maintenance, repair, replacement or removal of the Rooftop Equipment. Landlord shall permit Tenant reasonable access to the designated area as reasonably necessary to install, maintain and remove the Rooftop Equipment, and Tenant shall indemnify Landlord and be solely responsible, at Tenant's cost and expense, for the maintenance and repair of the Rooftop Equipment, and Landlord shall have no responsibility with respect thereto unless the same was made necessary by the negligence or willful act of Landlord or Landlord's Agents. Tenant hereby agrees to defend, indemnify and hold Landlord harmless form any mechanics or materialmen's liens upon the Premises or the Center which result from work associated with the installation of the Rooftop Equipment. Tenant shall obtain all licenses or approvals required to install and operate the Rooftop Equipment. The Rooftop Equipment shall remain the property of Tenant and upon expiration of the Lease, Tenant shall remove the Rooftop Equipment and repair the Premises and any damage to the area upon which the Rooftop Equipment was located to the original condition, normal wear and tear excepted. Landlord shall have the right to request that Tenant relocate the Rooftop Equipment, if necessary, at Landlord's sole cost and expense to facilitate Landlord's use of the roof. Tenant covenants that the Rooftop Equipment will be installed, maintained and removed in accordance with all Applicable Requirements. Tenant shall be responsible for all damage caused by the installation, maintenance, repair and/or removal of Tenant's Rooftop Equipment. Tenant's access to the roof to exercise its rights hereunder shall be subject to Landlord's prior approval, which shall not be unreasonably withheld, provided that Tenant exercises such access rights in a manner that does not void any roof warranty. Tenant's Rooftop Equipment shall not interfere with the operation of any existing roof top equipment which has been installed on the portion of the roof used by Landlord. Landlord shall not install or permit the installation of any rooftop equipment which will interfere with any Rooftop Equipment for which Tenant has submitted installation plans to Landlord or which Tenant has previously installed on the portion of the roof for Tenant's use. EXHIBIT A SITE PLAN EXHIBIT B CENTER LEGAL DESCRIPTION AND PLAT MAP REAL PROPERTY IN THE City of Livermore, County of Alameda, State of California, described as follows: Parcels 1 through 8 as shown on Parcel Map No. 7624, filed December 12, 2000, in Book 254 of Maps at Pages 73 through 82, Alameda County Records. EXHIBIT C WORK LETTER This Work Letter sets forth the terms and conditions relating to the construction of the Premises.

Use of Roof. Tenant acknowledges that Landlord has reserved the right to use the roof of Building 13, including the right to lease or license its use. Tenant and no employee or invitee of Tenant shall go upon the roof of the Building, except as otherwise expressly provided herein. Tenant shall have the exclusive right to use 50% of the total area of the roof, in location(s) designated by Landlord and reasonably approved by Tenant, to install a satellite dish or cluster of dishes and ancillary telecommunications equipment in connection with Tenant's business operations. Tenant's roof use shall be on the following terms and conditions set forth herein. Subject to Applicable Laws, Tenant shall have the right to install or cause to be installed rooftop equipment ("ROOFTOP EQUIPMENT") pursuant to plans and specifications which shall be subject to Landlord's prior written approval, which shall not be unreasonably withheld or delayed on the roof of the Building, in a location as Landlord and Tenant may mutually agree. There shall be no additional charge payable by Tenant to Landlord for the use of such area or for the installation of the Rooftop Equipment. If the Rooftop Equipment is to be installed on the roof, Tenant shall notify Landlord in writing that the Rooftop Equipment is to be installed on the roof. Tenant shall be solely responsible for complying with (or causing its vendor to comply with) the requirements of such roof warranty or roof bond in connection with the installation, maintenance, repair, replacement or removal of the Rooftop Equipment. Tenant shall repair any damage to the roof caused by the installation, maintenance, repair, replacement or removal of the Rooftop Equipment. Landlord shall permit Tenant reasonable access to the designated area as reasonably necessary to install, maintain and remove the Rooftop Equipment, and Tenant shall indemnify Landlord and be solely responsible, at Tenant's cost and expense, for the maintenance and repair of the Rooftop Equipment, and Landlord shall have no responsibility with respect thereto unless the same was made necessary by the negligence or willful act of Landlord or Landlord's Agents. Tenant hereby agrees to defend, indemnify and hold Landlord harmless form any mechanics or materialmen's liens upon the Premises or the Center which result from work associated with the installation of the Rooftop Equipment. Tenant shall obtain all licenses or approvals required to install and operate the Rooftop Equipment. The Rooftop Equipment shall remain the property of Tenant and upon expiration of the Lease, Tenant shall remove the Rooftop Equipment and repair the Premises and any damage to the area upon which the Rooftop Equipment was located to the original condition, normal wear and tear excepted. Landlord shall have the right to request that Tenant relocate the Rooftop Equipment, if necessary, at Landlord's sole cost and expense to facilitate Landlord's use of the roof. Tenant covenants that the Rooftop Equipment will be installed, maintained and removed in accordance with all Applicable Requirements. Tenant shall be responsible for all damage caused by the installation, maintenance, repair and/or removal of Tenant's Rooftop Equipment. Tenant's access to the roof to exercise its rights hereunder shall be subject to Landlord's prior approval, which shall not be unreasonably withheld, provided that Tenant exercises such access rights in a manner that does not void any roof warranty. Tenant's Rooftop Equipment shall not interfere with the operation of any existing roof top equipment which has been installed on the portion of the roof used by Landlord. Landlord shall not install or permit the installation of any rooftop equipment which will interfere with any Rooftop Equipment for which Tenant has submitted installation plans to Landlord or which Tenant has previously installed on the portion of the roof for Tenant's use. EXHIBIT A SITE PLAN EXHIBIT B CENTER LEGAL DESCRIPTION AND PLAT MAP REAL PROPERTY IN THE City of Livermore, County of Alameda, State of California, described as follows: Parcels 1 through 8 as shown on Parcel Map No. 7624, filed December 12, 2000, in Book 254 of Maps at Pages 73 through 82, Alameda County Records. EXHIBIT C WORK LETTER This Work Letter sets forth the terms and conditions relating to the construction of the Premises.

Use of Roof. Landlord agrees that Tenant acknowledges that Landlord has reserved the right to use the roof of Building 1may, including the right to lease or license its use. Tenant and no employee or invitee of Tenant shall go upon the roof of the Building, except as otherwise expressly provided herein. Tenant shall have the exclusive right to use 50% of the total area of the roof, in location(s) designated by Landlord and reasonably approved by Tenant, to install a satellite dish or cluster of dishes and ancillary telecommunications equipment in connection with Tenant's business operations. Initial Improvements, at Tenant's roof use shall be on the following terms sole cost and conditions set forth herein. Subject to Applicable Lawsexpense, Tenant shall have the right to install or cause to be installed rooftop equipment ("ROOFTOP EQUIPMENT") pursuant to plans and specifications which shall be subject to Landlord's prior written approval, which shall not be unreasonably withheld or delayed on the roof of the Building, in a and thereafter maintain, repair and operate one (1) emergency generator, one (1) gas heater, one (1) chiller and exhaust vents, fans and fan hoods (together with support structures, duct work, electrical lines and related equipment, the "Roof Equipment"), provided and on condition that: (i) the size and dimensions of the Roof Equipment as well as the location as Landlord and Tenant may mutually agree. There on the roof for such installation shall be subject to Landlord's consent which may be withheld in Landlord's sole discretion, exercised in good faith (provided further that Landlord shall exercise reasonable judgment as long as the Roof Equipment occupies no additional charge payable more than four hundred (400) square feet of roof space designated by Tenant to Landlord for Landlord); (ii) no such equipment shall extend higher than the use parapet of the roof of the Building; (iii) the installation and position of such area or for Roof Equipment shall comply with all laws and legal requirements; (iv) the installation of the Rooftop Equipment. If Roof Equipment shall comply with all laws and legal requirements; and (v) the Rooftop Roof Equipment is to be installed on the roof, Tenant shall notify Landlord in writing that the Rooftop Equipment is to be installed on the roof. Tenant shall be solely responsible for complying with (or causing its vendor to comply with) the requirements of such roof warranty or roof bond maintained and kept in connection with the installation, maintenance, repair, replacement or removal of the Rooftop Equipment. Tenant shall repair any damage to the roof caused by the installation, maintenance, repair, replacement or removal of the Rooftop Equipment. Landlord shall permit Tenant reasonable access to the designated area as reasonably necessary to install, maintain and remove the Rooftop Equipment, and Tenant shall indemnify Landlord and be solely responsibleTenant, at Tenant's sole cost and expense. Tenant covenants and agrees that the Roof Equipment to be installed by Tenant shall not interfere with or adversely affect any equipment, for the maintenance and repair installations, lines or machinery of the Rooftop Equipment, and Landlord shall have no responsibility with respect thereto unless the same was made necessary by the negligence Building or willful act of Landlord or Landlord's Agents. Tenant hereby agrees to defend, indemnify and hold Landlord harmless form any mechanics or materialmen's liens upon the Premises or the Center which result from work associated with the installation other tenant of the Rooftop EquipmentBuilding, or access thereto for maintenance, repair or removal. Tenant shall obtain all licenses or approvals required not be obligated to install and operate the Rooftop Equipment. The Rooftop Equipment shall remain the property pay any additional rental on account of Tenant and upon expiration Tenant's use of the Leaseroof of the Building pursuant to this Section 4.7. For the purpose of installing, servicing or repairing the Roof Equipment, Tenant shall remove have access to the Rooftop Equipment roof of the Building upon making prior reasonable request of Landlord. All access by Tenant to the roof of the Building shall be subject to the supervision and repair control of Landlord and to Landlord's reasonable safeguards relating, without limitation, to the Premises security and protection of the Building, the Building equipment and installations and equipment of other tenants of the Building as may be located on the roof of the Building, and any damage to the area upon which the Rooftop Equipment was located to the original condition, normal wear and tear exceptedroof warranty that may be in effect. Landlord shall have the right to request that Tenant relocate assign an outside consultant to be present during the Rooftop Equipment, if necessary, at Landlord's sole cost and expense to facilitate Landlord's use duration of the roof. Tenant covenants that the Rooftop Equipment will be installed, maintained and removed in accordance with all Applicable Requirements. Tenant shall be responsible for all damage caused by the installation, maintenance, repair and/or removal of Tenant's Rooftop Equipment. Tenant's access to the roof to exercise its rights hereunder rooftop and Tenant shall be subject to pay the Landlord's prior approvalout-of-pocket costs therefor as Additional Rent; provided, which however, that in the event Tenant engages United Engineers for structural engineering services, Tenant shall not be unreasonably withheld, provided that Tenant exercises required to pay any additional charges for Landlord to hire an outside structural engineer to review and/or supervise such access rights in a manner that does not void any roof warrantystructural engineering work. Tenant, at Tenant's Rooftop Equipment shall not interfere sole cost and expense, agrees to promptly and faithfully obey, observe and comply with all laws, ordinances, regulations, requirements and rules of all duly constituted public authorities in any manner affecting or relating to Tenant's use of the roof of the Building as to the installation, repair, maintenance and operation of any existing Roof Equipment erected or installed by Tenant pursuant to the provisions of this Section 4.7. Tenant, at Tenant's sole cost and expense, shall secure and thereafter maintain all permits and licenses required for the installation and operation of the Roof Equipment erected or installed by Tenant pursuant to the provisions of this Section 4.7. Upon the expiration of the Term or upon the earlier termination of this Lease in any manner, if Landlord so directs by written notice to Tenant, Tenant shall promptly remove the Roof Equipment as designated in such notice, at Tenant's sole cost and expense. Tenant, at Tenant's sole cost and expense, shall promptly repair any and all damage to the roof top equipment which has been of the Building and to any other part of the Building caused by or resulting from the installation, maintenance and repair, operation or removal of the Roof Equipment erected or installed by Tenant pursuant to the provisions of this Section 4.7 and restore said affected areas to their condition as existed prior to the installation of such equipment. Tenant covenants and agrees that all installations made by Tenant on the roof of the Building or any other part of the Building pursuant to the provisions of this Section 4.7 shall be at the sole risk of Tenant, and neither Landlord nor Landlord's agent or employees shall be liable for any damage or injury thereto caused in any manner, unless the same shall result from the gross negligence or willful misconduct of Landlord, its agents and employees. Tenant will, and does hereby, indemnify and save harmless Landlord from and against any and all claims, costs, demands, expenses, fees or suits arising out accidents, damage, injury or loss to any and all persons and property, or either, whomsoever or whatsoever resulting from or arising in connection with the erection, installation, maintenance and operation and repair of the Roof Equipment, except to the extent caused by the negligence of Landlord, or its agents or employees. If any installations are negligently performed or if Tenant's negligent acts or omissions should revoke, negate or in any manner impair or limit any roof warranty or guaranty obtained by Landlord, then Tenant shall reimburse Landlord for any loss or damage sustained or costs or expenses incurred by Landlord as a result thereof. Tenant shall not be permitted to assign or transfer all or any portion of the roof used by Landlord. Landlord shall not install or permit the installation of any rooftop equipment which will interfere with any Rooftop Equipment for which rights granted to Tenant has submitted installation plans pursuant to Landlord or which this Section 4.7 unless Tenant has previously installed on the portion of the roof for Tenant's use. EXHIBIT A SITE PLAN EXHIBIT B CENTER LEGAL DESCRIPTION AND PLAT MAP REAL PROPERTY IN THE City of Livermore, County of Alameda, State of California, described as follows: Parcels 1 through 8 as shown on Parcel Map No. 7624, filed December 12, 2000, in Book 254 of Maps at Pages 73 through 82, Alameda County Records. EXHIBIT C WORK LETTER This Work Letter sets forth the terms and conditions relating assigns this Lease to the construction of the Premisesparty to whom such rights are assigned or transferred.

Use of Roof. Tenant acknowledges that Landlord has reserved the right to use the roof of Building 1, including the right to lease or license its use. For so long as Tenant and no employee or invitee any Affiliate Transferee, in the aggregate, leases at least sixty five percent (65%) of Tenant shall go upon the roof of Usable Area in the Building, except as otherwise expressly provided herein. Tenant shall have the exclusive right be entitled to use 50% of the total area of the roofinstall, in location(s) designated by Landlord maintain and reasonably approved by Tenant, to install a satellite dish or cluster of dishes and ancillary telecommunications equipment in connection with Tenant's business operations. Tenant's roof use shall be on the following terms and conditions set forth herein. Subject to Applicable Laws, Tenant shall have the right to install or cause to be installed rooftop equipment ("ROOFTOP EQUIPMENT") pursuant to plans and specifications which shall be subject to Landlord's prior written approval, which shall not be unreasonably withheld or delayed operate on the roof of the Building, in for the purpose of Tenant’s business, a location limited number of telecommunications, satellite and other devices that make use of the electromagnetic spectrum (“Telecommunications Devices”) as Landlord may approve in writing, subject to the following requirements and Tenant may mutually agreesubject always to compliance with all covenants or restrictions of record as of the date hereof, applicable laws, building codes, regulations and ordinances. There All such Telecommunication Devices shall be no additional charge payable located in an area of the roof not greater than three hundred (300) square feet, reasonably specified by Landlord. Prior to installing any Telecommunications Devices on the roof of the Building, Tenant shall provide prior written notice to Landlord for of Tenant’s desire to install such Telecommunications Devices on the use roof of such area or the Building, together with plans and specifications for the installation of the Rooftop Equipment. If the Rooftop Equipment is to be installed on the roof, Tenant shall notify Landlord in writing that the Rooftop Equipment is to be installed on the roof. Tenant shall be solely responsible for complying with (or causing its vendor to comply with) the requirements of such roof warranty or roof bond in connection with the installation, maintenance, repair, replacement or removal of the Rooftop Equipment. Tenant shall repair any damage to the roof caused by the installation, maintenance, repair, replacement or removal of the Rooftop EquipmentTelecommunications Devices. Landlord shall permit Tenant reasonable access to the designated area as reasonably necessary to install, maintain review such plans and remove the Rooftop Equipmentspecifications within ten (10) days after receiving such plans and specifications from Tenant, and within such period notify Tenant shall indemnify if Landlord and be solely responsible, at Tenant's cost and expense, for the maintenance and repair of the Rooftop Equipment, and Landlord shall have no responsibility with respect thereto unless the same was made necessary by the negligence or willful act of Landlord or Landlord's Agents. Tenant hereby agrees to defend, indemnify and hold Landlord harmless form any mechanics or materialmen's liens upon the Premises or the Center which result from work associated with approves the installation of such Telecommunications Devices or disapproves the Rooftop Equipmentinstallation of such Telecommunication Devices, and if Landlord disapproves the installation of such Telecommunication Devices, the reasons therefor. Tenant shall obtain all licenses or approvals required Landlord may withhold its approval to install and operate the Rooftop Equipment. The Rooftop Equipment shall remain installation of Telecommunications Devices on the property of Tenant and upon expiration roof of the LeaseBuilding if such Telecommunication Devices are visible from other locations in the Project or the surrounding areas, Tenant shall remove the Rooftop Equipment and repair the Premises and pose any damage material risk to the area upon which physical integrity of the Rooftop Equipment was located to Project or adversely affect the original condition, normal wear and tear exceptedappearance of the Building from surrounding areas. Landlord shall have the right to request that may condition it’s approval of any Telecommunications Devices on Tenant relocate the Rooftop Equipmentinstalling any walkways, if necessary, at screening or other devices or material requested by Landlord's sole cost and expense to facilitate Landlord's use of the roof. Tenant covenants that the Rooftop Equipment will be installed, maintained and removed in accordance with all Applicable Requirements. Tenant shall be responsible for all any installation and maintenance costs of any such Telecommunication Devices, as well as any damage caused by the installation, maintenance, repair and/or removal of Tenant's Rooftop Equipment. Tenant's access to the roof Building, including without limitation the roof, arising out of or related to exercise its rights hereunder shall be subject to Landlord's prior approval, which shall not be unreasonably withheld, provided that the installation or use by Tenant exercises such access rights in a manner that does not void any roof warranty. Tenant's Rooftop Equipment shall not interfere with the operation of any existing roof top equipment which has been installed on the portion of the roof used by Landlord. Landlord shall not install or permit the installation of any rooftop equipment which will interfere with any Rooftop Equipment for which Tenant has submitted installation plans to Landlord or which Tenant has previously installed on the portion of the roof for Tenant's use. EXHIBIT A SITE PLAN EXHIBIT B CENTER LEGAL DESCRIPTION AND PLAT MAP REAL PROPERTY IN THE City of Livermore, County of Alameda, State of California, described as follows: Parcels 1 through 8 as shown on Parcel Map No. 7624, filed December 12, 2000, in Book 254 of Maps at Pages 73 through 82, Alameda County Records. EXHIBIT C WORK LETTER This Work Letter sets forth the terms and conditions relating to the construction of the Premisessuch Telecommunications Device.

Use of Roof. Tenant acknowledges that Landlord has reserved the right to use the roof of Building 12, including the right to lease or license its use. Tenant and no employee or invitee of Tenant shall go upon the roof of the Building, except as otherwise expressly provided herein. Tenant shall have the exclusive right to use 50% of the total area of the roof, in location(s) designated by Landlord and reasonably approved by Tenant, to install a satellite dish or cluster of dishes and ancillary telecommunications equipment in connection with Tenant's business operations. Tenant's roof use shall be on the following terms and conditions set forth herein. Subject to Applicable Laws, Tenant shall have the right to install or cause to be installed rooftop equipment ("ROOFTOP EQUIPMENT") pursuant to plans and specifications which shall be subject to Landlord's prior written approval, which shall not be unreasonably withheld or delayed on the roof of the Building, in a location as Landlord and Tenant may mutually agree. There shall be no additional charge payable by Tenant to Landlord for the use of such area or for the installation of the Rooftop Equipment. If the Rooftop Equipment is to be installed on the roof, Tenant shall notify Landlord in writing that the Rooftop Equipment is to be installed on the roof. Tenant shall be solely responsible for complying with (or causing its vendor to comply with) the requirements of such roof warranty or roof bond in connection with the installation, maintenance, repair, replacement or removal of the Rooftop Equipment. Tenant shall repair any damage to the roof caused by the installation, maintenance, repair, replacement or removal of the Rooftop Equipment. Landlord shall permit Tenant reasonable access to the designated area as reasonably necessary to install, maintain and remove the Rooftop Equipment, and Tenant shall indemnify Landlord and be solely responsible, at Tenant's cost and expense, for the maintenance and repair of the Rooftop Equipment, and Landlord shall have no responsibility with respect thereto unless the same was made necessary by the negligence or willful act of Landlord or Landlord's Agents. Tenant hereby agrees to defend, indemnify and hold Landlord harmless form any mechanics or materialmen's liens upon the Premises or the Center which result from work associated with the installation of the Rooftop Equipment. Tenant shall obtain all licenses or approvals required to install and operate the Rooftop Equipment. The Rooftop Equipment shall remain the property of Tenant and upon expiration of the Lease, Tenant shall remove the Rooftop Equipment and repair the Premises and any damage to the area upon which the Rooftop Equipment was located to the original condition, normal wear and tear excepted. Landlord shall have the right to request that Tenant relocate the Rooftop Equipment, if necessary, at Landlord's sole cost and expense to facilitate Landlord's use of the roof. Tenant covenants that the Rooftop Equipment will be installed, maintained and removed in accordance with all Applicable Requirements. Tenant shall be responsible for all damage caused by the installation, maintenance, repair and/or removal of Tenant's Rooftop Equipment. Tenant's access to the roof to exercise its rights hereunder shall be subject to Landlord's prior approval, which shall not be unreasonably withheld, provided that Tenant exercises such access rights in a manner that does not void any roof warranty. Tenant's Rooftop Equipment shall not interfere with the operation of any existing roof top equipment which has been installed on the portion of the roof used by Landlord. Landlord shall not install or permit the installation of any rooftop equipment which will interfere with any Rooftop Equipment for which Tenant has submitted installation plans to Landlord or which Tenant has previously installed on the portion of the roof for Tenant's use. EXHIBIT A SITE PLAN EXHIBIT B CENTER LEGAL DESCRIPTION AND PLAT MAP REAL PROPERTY IN THE City of Livermore, County of Alameda, State of California, described as follows: Parcels 1 through 8 as shown on Parcel Map No. 7624, filed December 12, 2000, in Book 254 of Maps at Pages 73 through 82, Alameda County Records. EXHIBIT C WORK LETTER This Work Letter sets forth the terms and conditions relating to the construction of the Premises.

Use of Roof. Tenant acknowledges that Landlord has reserved the right to use the roof of Building 1, including the right to lease or license its use. Tenant and no employee or invitee of Tenant shall go upon be entitled to install, operate and maintain (i) microwave antennas or satellite dishes as well as cabling, conduits, piping and fiber options related to such equipment (collectively, the roof “Antenna”), and (ii) solar panels and related equipment (collectively, the “Solar Panels”; and together with the Antenna, the “Roof Equipment”)), at its sole cost and expense (and not to be included in the Project Costs), on the rooftop of the Building, except as otherwise expressly provided herein. Tenant shall have be entitled to retain any financial benefits from the exclusive right to use 50% installation of any third party Roof Equipment in accordance with the total area terms of the roof, in location(s) designated by this Section. Landlord and reasonably approved by Tenant, to install a satellite dish or cluster of dishes and ancillary telecommunications equipment in connection with Tenant's business operations. Tenant's roof use shall be on the following terms and conditions set forth herein. Subject to Applicable Laws, Tenant shall have the right to install or cause to be installed rooftop equipment ("ROOFTOP EQUIPMENT") pursuant to plans approve the location, method of installation, size, aesthetics and specifications which shall be shielding requirements of the Roof Equipment. Tenant, at all reasonable times and subject to Landlord's prior written approval, which shall not be unreasonably withheld or delayed on the roof of the Building, in a location such reasonable rules and regulations as Landlord and Tenant may mutually agree. There promulgate, shall be no additional charge payable by Tenant have the right to Landlord enter or leave the rooftop for the use purpose of such area or for accessing the installation of the Rooftop Equipment. If the Rooftop Equipment is to be installed on the roof, Tenant shall notify Landlord in writing that the Rooftop Equipment is to be installed on the roof. Tenant shall be solely responsible for complying with (or causing its vendor to comply with) the requirements of such roof warranty or roof bond in connection with the installation, maintenance, repair, replacement or removal of the Rooftop Roof Equipment. Tenant shall repair obtain all necessary municipal, state and federal permits and authorizations to install, maintain and operate the Roof Equipment and pay any charges levied by governmental agencies in connection therewith. At the expiration of the Term, if requested by Landlord in writing prior to the expiration of the Term, Tenant shall remove the Roof Equipment and surrender and restore the space occupied thereby to Landlord in substantially as good as condition as when received, reasonable wear and tear and damage by casualty and condemnation excepted. Tenant agrees to indemnify and hold Landlord harmless from and against any and all losses, liabilities, costs and damages suffered by Landlord on account of Tenant’s use of the Roof Equipment, including without limitation to any damage to the roof caused by the installation, maintenance, repair, replacement installation or removal use of the Rooftop Roof Equipment. Landlord shall permit Tenant reasonable access to Tenant’s use of the designated area as reasonably necessary to install, maintain and remove the Rooftop Equipment, and Tenant shall indemnify Landlord and be solely responsible, at Tenant's cost and expense, rooftop for the maintenance and repair Roof Equipment shall be free of the Rooftop Equipmentcharge, and Landlord shall have no responsibility with respect thereto unless not charge Tenant any additional rent for such use. Notwithstanding anything herein to the same was made necessary by the negligence contrary, Tenant’s installation, use, operation, maintenance and or willful act of Landlord or Landlord's Agents. Tenant hereby agrees to defend, indemnify and hold Landlord harmless form any mechanics or materialmen's liens upon the Premises or the Center which result from work associated with the installation replacement of the Rooftop Equipment. Tenant shall obtain all licenses or approvals required to install and operate the Rooftop Equipment. The Rooftop Roof Equipment shall remain not, and shall only be permitted by Landlord to the property of Tenant and upon expiration extent it does not, (i) interfere with any of the LeaseBuilding systems, Tenant shall remove the Rooftop Equipment and repair the Premises and (ii) violate any damage to the area upon which the Rooftop Equipment was located to the original condition, normal wear and tear excepted. Landlord shall have the right to request that Tenant relocate the Rooftop Equipment, if necessary, at of Landlord's sole cost and expense to facilitate Landlord's use of the roof. Tenant covenants that the Rooftop Equipment will be installed, maintained and removed in accordance with all Applicable Requirements. Tenant shall be responsible for all damage caused by the installation, maintenance, repair and/or removal of Tenant's Rooftop Equipment. Tenant's access to ’s warranties (including the roof warranty), (iii) increase any costs to exercise its rights hereunder shall be subject to Landlord's prior approvalLandlord under Section 5.1, which shall not be unreasonably withheld, provided that Tenant exercises such access rights in a manner that does not void any roof warranty. Tenant's Rooftop Equipment shall not interfere with or (iii) reduce the operation of any existing roof top equipment which has been installed on the portion useful life of the roof used by Landlordor any other improvement, fixture, equipment or property that Landlord is responsible for maintaining under any warranty, including the warranties set forth in Exhibit B, or Section 5.1. Landlord The provisions of this Section 3.6 shall not install survive for a period of one (1) year from the expiration or permit the installation earlier termination of any rooftop equipment which will interfere with any Rooftop Equipment for which Tenant has submitted installation plans to Landlord or which Tenant has previously installed on the portion of the roof for Tenant's use. EXHIBIT A SITE PLAN EXHIBIT B CENTER LEGAL DESCRIPTION AND PLAT MAP REAL PROPERTY IN THE City of Livermore, County of Alameda, State of California, described as follows: Parcels 1 through 8 as shown on Parcel Map No. 7624, filed December 12, 2000, in Book 254 of Maps at Pages 73 through 82, Alameda County Records. EXHIBIT C WORK LETTER This Work Letter sets forth the terms and conditions relating to the construction of the Premisesthis Lease.

Use of Roof. Landlord may grant Tenant acknowledges that Landlord has reserved the right a non-exclusive license to use the roof of Building 1the building for the installation, including the right to lease or license its use. Tenant operation, maintenance and no employee or invitee repair of Tenant shall go upon the roof of the Building, except as otherwise expressly provided herein. Tenant shall have the exclusive right to use 50% of the total area of the roof, in location(s) designated by Landlord and reasonably approved by Tenant, to install a satellite dish dish, not to exceed two (2) meters in diameter, or cluster similar antenna for its own use or that of dishes and ancillary telecommunications equipment in connection with Tenant's business operationsa subtenant or assignee. Tenant's roof use shall rights under this subsection may not be on the following terms and conditions set forth hereinseparately assigned or subleased. Subject to Applicable Laws, Tenant shall have the right to install or cause to be installed rooftop equipment ("ROOFTOP EQUIPMENT") pursuant to plans and specifications which Tenant's exercise of said license shall be subject to the following: (i) Landlord's prior written approvalreasonable determination that space is available for such purpose at the time Tenant's request is made; (ii) Landlord's reasonable approval of the size, which type, and location of the equipment to be installed; (iii) Landlord's reasonable determination that such use shall not be unreasonably withheld cause damage to or delayed on interference with the roof or any other use being made (or intended to be made) of the Building, roof at that time; and (iv) Tenant's reimbursement of any reasonable out-of-pocket expenses incurred by Landlord in a location as Landlord reviewing Tenant's request and Tenant may mutually agree. There shall be no additional charge payable by Tenant to Landlord for the use of such area or for in supervising the installation of the Rooftop EquipmentTenant's equipment. If the Rooftop Equipment is In addition to be installed on any other rules and regulations Landlord may establish from time to time governing use of the roof, Tenant shall notify comply with the following: (i) Tenant's use of the roof shall be at Tenant's sole risk and expense and Landlord in writing that the Rooftop Equipment is shall have no responsibility therefore and no liability on account of any damage to be installed on the roof. or interference with Tenant equipment; (ii) Tenant shall be solely responsible for complying installing, operating, maintaining and repairing its equipment at its own expense in a manner that causes no interference with (or causing its vendor to comply with) the requirements of such roof warranty or roof bond in connection with the installation, maintenance, repair, replacement or removal of the Rooftop Equipment. Tenant shall repair any damage to the roof caused by the installation, maintenance, repair, replacement itself or removal of the Rooftop Equipment. Landlord shall permit Tenant reasonable access to the designated area as reasonably necessary to install, maintain and remove the Rooftop Equipment, and Tenant shall indemnify Landlord and be solely responsible, at Tenant's cost and expense, for the maintenance and repair of the Rooftop Equipment, and Landlord shall have no responsibility with respect thereto unless the same was made necessary by the negligence or willful act of Landlord or Landlord's Agents. Tenant hereby agrees to defend, indemnify and hold Landlord harmless form any mechanics or materialmen's liens upon the Premises or the Center which result from work associated with the installation of the Rooftop Equipment. Tenant shall obtain all licenses or approvals required to install and operate the Rooftop Equipment. The Rooftop Equipment shall remain the property of Tenant and upon expiration of the Lease, Tenant shall remove the Rooftop Equipment and repair the Premises and any damage to the area upon which the Rooftop Equipment was located to the original condition, normal wear and tear excepted. Landlord shall have the right to request that Tenant relocate the Rooftop Equipment, if necessary, at Landlord's sole cost and expense to facilitate Landlordother person's use of the roof. ; (iii) Tenant covenants that the Rooftop Equipment will be installedshall perform all of such work in such a way as to not damage any building systems or void any warranty or guarantee relating thereto; (iv) Tenant, maintained if required by Landlord, shall use existing building conduits and removed pipes or use building contractors (or other contractors approved by Landlord) in accordance with all Applicable Requirements. performing such work; (v) Tenant shall be responsible for obtaining and paying all government licenses and permits required by law (and shall deliver copies thereof to Landlord as a condition precedent to is use of the roof) and for complying with all applicable laws relating to its exercise of said license; and (vi) Tenant shall remove all of its equipment at or before the expiration of the term of this Lease and shall repair any damage caused by resulting from such removal and restore the installation, maintenance, repair and/or removal of Tenant's Rooftop Equipmentroof and building systems to the condition they were in (ordinary wear and tear excepted) before Tenant exercised said license. Tenant's access exercise of its rights under this subsection shall be considered an alteration subject to Section ____ of this Lease to the roof to exercise extent Section ____ is not inconsistent with the foregoing. In the event Tenant breaches any of its rights hereunder obligations under this subsection beyond any notice and cure period provided in Section ____ of this Lease, then Tenant shall be subject in default under this Lease and in addition to Landlord's prior approvalany other remedy Landlord may have under this Lease, which Landlord may revoke the license granted in this subsection, whereupon Tenant shall not be unreasonably withheld, provided that Tenant exercises such access rights in a manner that does not void any roof warranty. Tenant's Rooftop Equipment shall not interfere with the operation of any existing roof top equipment which has been installed on the portion cease its use of the roof used by Landlord. Landlord and shall not install or permit the installation of any rooftop equipment which will interfere with any Rooftop Equipment for which Tenant has submitted installation plans to Landlord or which Tenant has previously installed on the portion of the roof for Tenant's use. EXHIBIT A SITE PLAN EXHIBIT B CENTER LEGAL DESCRIPTION AND PLAT MAP REAL PROPERTY IN THE City of Livermoreremove, County of Alamedarepair, State of California, described and restore as follows: Parcels 1 through 8 as shown on Parcel Map No. 7624, filed December 12, 2000, in Book 254 of Maps at Pages 73 through 82, Alameda County Records. EXHIBIT C WORK LETTER This Work Letter sets set forth the terms and conditions relating to the construction of the Premisesabove.

Use of Roof. Landlord and Tenant acknowledges agree that Landlord has reserved the right Tenant shall be permitted to use the roof of Building 1, including the right subject to lease or license its use. Tenant and no employee or invitee of Tenant shall go upon the roof of the Building, except as otherwise expressly provided herein. Tenant shall have the exclusive right to use 50% of the total area of the roof, in location(s) designated by Landlord and reasonably approved by Tenant, to install a satellite dish or cluster of dishes and ancillary telecommunications equipment in connection with Tenant's business operations. Tenant's roof use shall be on the following terms and conditions set forth hereinconditions. Subject to Applicable Laws, Tenant shall have the right to install or cause to be installed rooftop mechanical equipment on the roof ("ROOFTOP EQUIPMENT"“Mechanical Equipment”). With respect to any remaining portion of the roof on which Mechanical Equipment has not been installed by Tenant (the “Remaining Roof”), Landlord and Tenant agree that (i) Landlord shall have the exclusive right to use 50% of the Remaining Roof, and (ii) Tenant shall have the exclusive right to use 50% of the Remaining Roof to install a satellite dish or cluster of dishes and ancillary telecommunications equipment, or other equipment in connection with Tenant’s business operations (collectively, the “Rooftop Equipment”), with the apportionment of the Remaining Roof to be reasonably acceptable to Landlord and Tenant. There shall be no additional charge payable by Tenant to Landlord for the use of any portion of the roof or for the installation of any equipment on the roof. Tenant agrees to install or cause to be installed the Rooftop Equipment pursuant to plans and specifications which shall be subject to Landlord's ’s prior written approval, which shall not be unreasonably withheld or delayed delayed, on the roof of the Building, in a location as Landlord and Tenant may mutually agree. There shall be no additional charge payable by Tenant to Landlord for the use of such area or for the installation of the Rooftop Equipment. If the Rooftop Equipment is to be installed on the roof, Tenant shall notify Landlord in writing that the Rooftop Equipment is to be installed on the roof. Tenant shall be solely responsible for complying with (or causing its vendor to comply with) the requirements of such roof warranty or roof bond in connection with the installation, maintenance, repair, replacement or removal of the Rooftop Equipment. Tenant shall repair any damage to the roof caused by the installation, maintenance, repair, replacement or removal of the Rooftop Equipment. Landlord shall permit Tenant reasonable access to the designated area as reasonably necessary to install, maintain and remove the Rooftop Equipment, and Tenant shall indemnify Landlord and be solely responsible, at Tenant's ’s cost and expense, for the maintenance and repair of the Rooftop Equipment, and Landlord shall have no responsibility with respect thereto unless the same was made necessary by the negligence or willful act of Landlord or Landlord's ’s Agents. Tenant hereby agrees to defend, indemnify and hold Landlord harmless form any mechanics or materialmen's ’s liens upon the Premises or the Center which result from work associated with the installation of the Rooftop Equipment. Tenant shall obtain all licenses or approvals required to install and operate the Rooftop Equipment. The Rooftop Equipment shall remain the property of Tenant and upon expiration of the Lease, Tenant shall remove the Rooftop Equipment and repair the Premises and any damage to the area upon which the Rooftop Equipment was located to the original condition, normal wear and tear excepted. Landlord shall have the right to request that Tenant relocate the Rooftop Equipment, if necessary, at Landlord's sole cost and expense to facilitate Landlord's use of the roof. Tenant covenants that the Rooftop Equipment will be installed, maintained and removed in accordance with all Applicable Requirements. Tenant shall be responsible for all damage caused by the installation, maintenance, repair and/or removal of Tenant's ’s Rooftop Equipment. Tenant's ’s access to the roof to exercise its rights hereunder shall be subject to Landlord's ’s prior approval, which shall not be unreasonably withheld, provided that Tenant exercises such access rights in a manner that does not void any roof warranty. Tenant's Rooftop Equipment shall not interfere with the operation of any existing roof top equipment which has been installed on the portion of the roof used by Landlord. Landlord shall not install or permit the installation of any rooftop equipment on the Remaining Roof reserved for Landlord the operation of which will interfere with with: (i) any Rooftop Equipment for which Tenant has submitted installation plans to Landlord or which Tenant has previously installed on the portion of the roof for Tenant's ’s use. EXHIBIT A SITE PLAN EXHIBIT B CENTER LEGAL DESCRIPTION AND PLAT MAP REAL PROPERTY IN THE City of Livermore, County of Alameda, State of California, described as follows: Parcels 1 through 8 as shown on Parcel Map No. 7624, filed December 12, 2000, in Book 254 of Maps at Pages 73 through 82, Alameda County Records. EXHIBIT C WORK LETTER This Work Letter sets forth or (ii) the terms and conditions relating to the construction operations of the PremisesTenant’s business in Building 6 as conducted at the time of such installation. Prior to Landlord’s installation of such rooftop equipment, Landlord shall provide to Tenant plans and specifications for Tenant’s review. All installation work shall be done in a manner to minimize the interference with Tenant’s business operations. Further, to comply with Tenant’s security requirements for the Building, Landlord shall coordinate any roof access with Tenant.”

Use of Roof. Tenant acknowledges that Landlord has reserved the right to use the roof of Building 1, including the right to lease or license its use. Tenant and no employee or invitee of Tenant shall go upon the roof of the Building, except as otherwise expressly provided herein. Tenant shall have the exclusive right to use 50% of the total area of the roof, in location(s) designated by Landlord and reasonably approved by Tenant, 17.1 Subtenant desires to install a an antenna or satellite dish or cluster of dishes and ancillary telecommunications equipment in connection with Tenant's business operations. Tenant's roof use shall be on the following terms and conditions set forth herein. Subject to Applicable Laws, Tenant shall have the right to install or cause to be installed rooftop equipment ("ROOFTOP EQUIPMENT") pursuant to plans and specifications which shall be subject to Landlord's prior written approval, which shall not be unreasonably withheld or delayed on the roof of the Building, and acknowledges that the use of the roof by Subtenant is subject to Landlord's prior consent and to the terms of this Section 17. During the Term hereof, and subject to the consent of Landlord, Subtenant shall have the nonexclusive right to install on the roof of the Building one (1) antenna or satellite dish, in a location as approved by Landlord and Tenant may mutually agreeSublandlord, and with a height and weight approved by Landlord and Sublandlord. There The antenna or satellite dish shall be no additional charge payable enclosed by Tenant a screen, and the antenna or dish, screen and any connecting lines or cables thereto from the Premises (which shall all be subject to Landlord for Landlord's and Sublandlord's consent) shall be referred to herein collectively as the use of such area "Equipment." Subtenant shall not penetrate the roof in connection with any installation or for the installation reinstallation of the Rooftop Equipment without Landlord's and Sublandlord's prior written consent. The plans and specifications for all the Equipment shall be delivered by Subtenant to Sublandlord for its review and approval, and such plans shall include, without limitation, the proposed location of the Equipment. If Sublandlord shall also have the Rooftop Equipment is right to approve all contractors and subcontractors which shall perform such work. Subtenant shall be installed on responsible for any damage to the roof, Tenant conduit systems or other portions of the Building or Building systems as a result of Subtenant's installation, maintenance and/or removal of the Equipment. Subtenant shall notify Landlord not do anything to the roof that adversely affects in writing that any way the Rooftop roof or the roof warranty. Subtenant, at its sole cost and expense, shall comply with all laws and regulations regarding the installation, construction, operation, maintenance and removal of the Equipment is to be installed on the roof. Tenant and shall be solely responsible for complying with (obtaining and maintaining in force all permits, licenses and approvals necessary for such operations. Subtenant shall be responsible for and promptly shall pay all taxes, assessments, charges, fees and other governmental impositions levied or causing its vendor to comply with) assessed on the requirements of such roof warranty Equipment or roof bond based on the operation thereof. Subtenant shall maintain the Equipment in connection with the installation, maintenance, good condition and repair, replacement or removal of the Rooftop Equipment. Tenant shall repair any damage to the roof caused by the installation, maintenance, repair, replacement or removal of the Rooftop Equipment. Landlord shall permit Tenant reasonable access to the designated area as reasonably necessary to install, maintain and remove the Rooftop Equipment, and Tenant shall indemnify Landlord and be solely responsible, at Tenant's cost and expense, for the maintenance and repair of the Rooftop Equipment, and Landlord shall have no responsibility with respect thereto unless the same was made necessary by the negligence or willful act of Landlord or Landlord's Agents. Tenant hereby agrees to defend, indemnify and hold Landlord harmless form any mechanics or materialmen's liens upon the Premises or the Center which result from work associated with the installation of the Rooftop Equipment. Tenant shall obtain all licenses or approvals required to install and operate the Rooftop Equipment. The Rooftop Equipment shall remain the property of Tenant and upon expiration of the Lease, Tenant shall remove the Rooftop Equipment and repair the Premises and any damage to the area upon which the Rooftop Equipment was located to the original condition, normal wear and tear excepted. Landlord shall have the right to request that Tenant relocate the Rooftop Equipment, if necessary, at LandlordSubtenant's sole cost and expense to facilitate Landlordexpense. Subtenant's use of the roof. Tenant covenants that the Rooftop Equipment will be installed, maintained and removed in accordance with all Applicable Requirements. Tenant shall be responsible for all damage caused by the installation, maintenance, repair and/or removal of Tenant's Rooftop Equipment. Tenant's access to the roof to exercise its rights hereunder shall be subject are personal to Landlord's prior approvalCutter & Buck, which shall not be unreasonably withheld, provided that Tenant exercises such access rights in a manner that does not void any roof warranty. Tenant's Rooftop Equipment shall not interfere with the operation of any existing roof top equipment which has been installed on the portion of the roof used by Landlord. Landlord shall not install or permit the installation of any rooftop equipment which will interfere with any Rooftop Equipment for which Tenant has submitted installation plans to Landlord or which Tenant has previously installed on the portion of the roof for Tenant's use. EXHIBIT A SITE PLAN EXHIBIT B CENTER LEGAL DESCRIPTION AND PLAT MAP REAL PROPERTY IN THE City of Livermore, County of Alameda, State of California, described as follows: Parcels 1 through 8 as shown on Parcel Map No. 7624, filed December 12, 2000, in Book 254 of Maps at Pages 73 through 82, Alameda County Records. EXHIBIT C WORK LETTER This Work Letter sets forth the terms and conditions relating to the construction of the Premises.Inc.

Use of Roof. Landlord and Tenant acknowledges agree that Landlord has reserved Tenant shall have the exclusive right, subject to the terms, conditions, and requirements of this Section, to install, maintain, upgrade, operate, repair and replace, at Tenant’s cost, on the roof of the Building equipment in support of Tenant’s occupancy of the Building, including without limitation, one or more Rooftop Communications Devices for the use of occupants of the Building in the operation of their business within and outside of the Building only (for purposes hereof, “Rooftop Communications Devices” or “RCD”), which may include, without limitation, transmitter(s), microwave or satellite dish(es) or antenna(s) or other communications fixtures or equipment utilized for receiving or transmitting voice, video, data or other communications, together with all wiring, equipment and facilities reasonably necessary to make same functional and connected with the Building), including, without limitation, the right to use interconnect the roof RCD with Tenant’s other equipment located in the Building using risers, conduits and chases. As to any Rooftop Communications Device Tenant desires to install, Tenant shall notify Landlord of Building 1Tenant’s desire to install such, including identifying the type, size, dimensions, energy requirements, proposed use, and pertinent plans and specifications related to such RCD. Landlord shall review such information, and within a reasonable time not to exceed fifteen (15) days after receipt thereof, approve Tenant’s plans or state any reasonable objections thereto, which Tenant shall reasonably accommodate. It shall not be an unreasonable objection for Landlord to require visual screening of any RCD, and to require any RCD to be approved by the Architectural Review Committee of ECCA. Landlord’s right to lease approve Tenant’s plans for the RCD shall be subject to the condition that Landlord shall not unreasonably withhold, condition or license its usedelay such approval. Tenant and no employee shall use Landlord’s roofing contractor (or invitee another contractor approved by the issuer of Tenant shall go upon Landlord’s roofing warranty) to perform any roof penetrations so as to not void the warranty for the roof of the Building; provided such contractor’s work is priced at market rates and such contractor is of a size, except as otherwise expressly provided hereinsophistication and quality reasonably acceptable to Tenant. Tenant shall have the exclusive right give Landlord not less than twenty-four (24) hours prior Notice before commencing any installation of RCDs to use 50% allow a representative of the total area of the roof, in location(s) designated by Landlord and reasonably approved by Tenant, to install a satellite dish or cluster of dishes and ancillary telecommunications equipment in connection with Tenant's business operationsobserve such installation. Tenant's roof use shall be on the following terms and conditions set forth herein. Subject to Applicable Laws, Tenant shall have the right to install or cause to be installed rooftop equipment ("ROOFTOP EQUIPMENT") pursuant to plans pay all costs and specifications expenses of operating all RCDs which shall be subject to Landlord's prior written approval, which shall not be unreasonably withheld or delayed Tenant places on the roof of the Building, in a location as Landlord and Tenant may mutually agree. There shall be no additional charge payable by Tenant to Landlord for the use of such area or for the installation of the Rooftop Equipment. If the Rooftop Equipment is to be installed on the roof, Tenant shall notify Landlord in writing that the Rooftop Equipment is to be installed on the roof. Tenant shall be solely responsible for complying with (or causing its vendor obligated to comply with) remove all RCDs which Tenant places on the requirements of such roof warranty or roof bond in connection with the installation, maintenance, repair, replacement or removal of the Rooftop EquipmentBuilding within thirty (30) days after the expiration of the Term of this Lease, at Tenant’s expense. Tenant shall repair be obligated to close any damage penetration to the roof caused of the Building by the installationwires, maintenanceconduits or cables installed by Tenant. Tenant’s RCD shall be a trade fixture, repair, replacement or removal of the Rooftop Equipment. Landlord shall permit Tenant reasonable access to the designated area as reasonably necessary to install, maintain be and remove the Rooftop Equipment, and Tenant shall indemnify Landlord and be solely responsible, at Tenant's cost and expense, for the maintenance and repair of the Rooftop Equipment, and Landlord shall have no responsibility with respect thereto unless the same was made necessary by the negligence or willful act of Landlord or Landlord's Agents. Tenant hereby agrees to defend, indemnify and hold Landlord harmless form any mechanics or materialmen's liens upon the Premises or the Center which result from work associated with the installation of the Rooftop Equipment. Tenant shall obtain all licenses or approvals required to install and operate the Rooftop Equipment. The Rooftop Equipment shall remain the property of Tenant, and shall be removable by Tenant and upon expiration of the Lease, Tenant shall remove the Rooftop Equipment and repair the Premises and at any damage to the area upon which the Rooftop Equipment was located to the original condition, normal wear and tear excepted. Landlord shall have the right to request that Tenant relocate the Rooftop Equipment, if necessary, at Landlord's sole cost and expense to facilitate Landlord's use of the roof. Tenant covenants that the Rooftop Equipment will be installed, maintained and removed in accordance with all Applicable Requirementstime. Tenant shall be responsible pay for all damage caused by costs of repairing and maintaining the installationRCD. Tenant shall indemnify, maintenancedefend and hold harmless Landlord with respect to any costs, repair and/or removal damages, claims, suits or actions arising in connection with Tenant’s violation of Tenant's Rooftop Equipment. Tenant's access to the roof to exercise its rights hereunder shall be subject to Landlord's prior approval, which shall not be unreasonably withheld, provided that Tenant exercises such access rights in a manner that does not void any roof warranty. Tenant's Rooftop Equipment shall not interfere with the operation of any existing roof top equipment which has been installed on the portion of the roof used by Landlord. Landlord shall not install or permit the installation of any rooftop equipment which will interfere with any Rooftop Equipment for which Tenant has submitted installation plans to Landlord or which Tenant has previously installed on the portion of the roof for Tenant's use. EXHIBIT A SITE PLAN EXHIBIT B CENTER LEGAL DESCRIPTION AND PLAT MAP REAL PROPERTY IN THE City of Livermore, County of Alameda, State of California, described as follows: Parcels 1 through 8 as shown on Parcel Map No. 7624, filed December 12, 2000, in Book 254 of Maps at Pages 73 through 82, Alameda County Records. EXHIBIT C WORK LETTER This Work Letter sets forth the terms and conditions relating to the construction of the Premisesobligations under this Section 39.

Use of Roof. Tenant acknowledges that Landlord has reserved Subject to the right to use the roof of Building 1, including the right to lease or license its use. Tenant and no employee or invitee of Tenant shall go upon the roof of the Building, except as otherwise expressly provided herein. Tenant shall have the exclusive right to use 50% of the total area of the roof, in location(s) designated by Landlord and reasonably approved by Tenant, to install a satellite dish or cluster of dishes and ancillary telecommunications equipment in connection with Tenant's business operations. Tenant's roof use shall be on the following terms and conditions set forth herein. Subject to Applicable Lawsof this Paragraph 3, Tenant shall have the right right, for no additional rental charge or other fee to Landlord except as expressly provided below, throughout the term of this Lease, to install or cause to be installed rooftop and maintain, at its sole cost and expense, communication equipment and additional mechanical/11 VAC units (the "ROOFTOP EQUIPMENTAdditional Equipment") pursuant to plans and specifications which shall be subject to Landlord's prior written approval, which shall not be unreasonably withheld or delayed on the roof of the Building, in a provided that: (a) such Additional Equipment complies with all applicable governmental laws, statutes, regulations, rules, codes and ordinances: (b) the size, weight, design, materials, colors, content, exact location as Landlord and Tenant may mutually agree. There shall be no additional charge payable by Tenant to Landlord for the use manner of installation or attachment of such area or for Additional Equipment shall have first been approved by Landlord in writing, which approval shall not be unreasonably withheld, (c) the installation operation of the Rooftop Equipment. If the Rooftop Additional Equipment is shall not cause any interference to be installed on the roof, Tenant shall notify Landlord in writing that the Rooftop Equipment is to be installed on the roof. Tenant shall be solely responsible for complying with (or causing its vendor to comply with) the requirements of such roof warranty or roof bond in connection with the installation, maintenance, repair, replacement or removal any other tenants of the Rooftop Equipment. Tenant shall repair Property or interfere with any damage rights granted to any other tenant of the Property, (d) Tenant, provides Landlord with at least one (I) day prior written notice of Tenant's intention to access the roof caused by the installation, maintenance, repair, replacement or removal of the Rooftop Equipment. Landlord shall permit Tenant reasonable access to the designated area as reasonably necessary to installBuilding and Tenant, maintain and remove the Rooftop Equipment, and Tenant shall indemnify Landlord and be solely responsible, at Tenant's ai its sole cost and expense, for coordinates with the roofing manufacturer, contractor or installer designated by Landlord to ensure that the installation, maintenance and repair removal of the Rooftop EquipmentAdditional Equipment shall not in any way unreasonably damage the roof of the Building or void any roof warranty or guaranty then in effect, (e) reliant provides to Landlord an insurance certificate from Tenant's contractors evidencing the insurance coverages required under section 8.2 of this Lease and complying with the terms of section 8.2 herein, and Landlord shall have no responsibility with respect thereto unless the same was made necessary by the negligence or willful act of Landlord or Landlord's Agents. Tenant hereby agrees to defend, indemnify and hold Landlord harmless form any mechanics or materialmen's liens upon the Premises or the Center which result from work associated with the installation of the Rooftop Equipment. Tenant shall obtain all licenses or approvals required to install and operate the Rooftop Equipment. The Rooftop Equipment shall remain the property of Tenant and upon expiration of the Lease, Tenant shall remove the Rooftop Equipment and repair the Premises and any damage to the area upon which the Rooftop Equipment was located to the original condition, normal wear and tear excepted. (f) Landlord shall have the right to request that have a representative present at the lime any installation, maintenance or removal of the Additional Equipment is performed. Notwithstanding the foregoing, in the event of an emergency involving the Additional Equipment. Tenant relocate may access the Rooftop roof of the Building without notifying Landlord (but Tenant shall use all reasonable efforts to contact a specified representative of Landlord by phone at 703-437-5039. or such other representative of which Landlord notifixx Xxxxxx xx writing) and Tenant shall remain responxxxxx xx indemnity and defend Landlord in xxxxxdance with the terms of this Paragraph 3. All costs and expenses in connection with the construction, installation, governmental approval, maintenance and removal of such .Additional Equipment and (he reasonable costs incurred by Landlord in reviewing and approving the plans for such Additional Equipment, if necessaryshall he paid by Tenant. If the operations of the Additional Equipment by Tenant shall at any time cause any interference to any other tenants of the Property or shall interfere with any rights of any other tenant of the Property, then Tenant shall, at Landlord's request and Tenant's expense, take all steps necessary to remedy such situation xxx xr eliminate Addendum-l such interference. If such interference cannot be corrected in a reasonable amount of time, not to exceed ten (10) business days, Tenant shall terminate ail usage of the Additional Equipment until such interference is eliminated or until such time that the activity being interfered with is not being conducted. Tenant, at its sole cost and expense to facilitate Landlord's use expense, shall maintain such property and liability insurance for the Additional Equipment as Landlord shall reasonably require. Upon termination of this Lease (whether by expiration of the roofterm or otherwise), Tenant shall (subject to Tenant's obligation to coordinate with the roofing manufacturer, contractor or installer designated by Landlord to ensure that the removal of the Additional Equipment shall not in any way unreasonably damage the roof of the Building or void -my roof warranty or guaranty then in effect) remove its Additional Equipment from the roof of the Building and restore the roof of the Building to the condition that existed before installation of such Additional Equipment, ordinary wear and tear and casualty excepted. If upon the termination or expiration of this Lease, Tenant fails to so remove such Additional Equipment from the roof of the Building and repair such damage. Landlord may remove such Additional Equipment, dispose of the same in any manner determined by Landlord in its sole discretion and repair all damage caused thereby, and Tenant shall reimburse Landlord for all reasonable costs and expenses thereby incurred by Landlord within thirty (30) days after receipt of written notice from Landlord to Tenant demanding such reimbursement. Tenant covenants agrees that the Rooftop Equipment will be installed, maintained Landlord shall have no liability to Tenant for sxxx xxmoval and removed in accordance with all Applicable Requirementsrestoration. Tenant shall be responsible for indemnify and defend Landlord against and hold Landlord harmless from all claims, demands, liabilities, damages (including, but not limited to, any damage caused to any property (including property of employees and invitees of Tenant) or any bodily or personal injury, illness or death of any person (including employees and invitees of Tenant), losses, costs (including any costs incurred by Landlord in the event Tenant's access of the roof or any installation, maintenance or removal of the Additional Equipment voids any warranties or guaranties then in effect) and expenses, including reasonable attorneys' fees and disbursements, arising from or related to Tenant accessing the roof or the installation, maintenance, repair and/or maintenance or removal of Tenant's Rooftop the Additional Equipment. Tenant's access to the roof to exercise its rights hereunder shall be subject to Landlord's prior approval, which shall not be unreasonably withheld, provided that Tenant exercises such access rights in a manner that does not void any roof warranty. Tenant's Rooftop Equipment shall not interfere with the operation of any existing roof top equipment which has been installed on the portion of the roof used by Landlord. Landlord shall not install or permit the installation of any rooftop equipment which will interfere with any Rooftop Equipment for which Tenant has submitted installation plans to Landlord or which Tenant has previously installed on the portion of the roof for Tenant's use. EXHIBIT A SITE PLAN EXHIBIT B CENTER LEGAL DESCRIPTION AND PLAT MAP REAL PROPERTY IN THE City of Livermore, County of Alameda, State of California, described as follows: Parcels 1 through 8 as shown on Parcel Map No. 7624, filed December 12, 2000, in Book 254 of Maps at Pages 73 through 82, Alameda County Records. EXHIBIT C WORK LETTER This Work Letter sets forth the terms and conditions relating to the construction of the Premises.

Use of Roof. Tenant acknowledges that Landlord has reserved the right to use the roof of Building 16, including the right to lease or license its use. Tenant and no employee or invitee of Tenant shall go upon the roof of the Building, except as otherwise expressly provided herein. Tenant shall have the exclusive right to use 50% that portion of the total area roof directly above the Premises, to install such mechanical equipment as may be reasonably necessary to serve the Premises as part of the roof, in location(s) designated Tenant Improvements approved by Landlord (“Mechanical Equipment”), and may make such penetrations of the roof as may be reasonably approved by Tenantnecessary in connection therewith. Tenant also shall have the exclusive right to use a portion of the roof directly above the Premises, to install a satellite dish or cluster of dishes and ancillary telecommunications equipment in connection with Tenant's ’s business operations. Tenant's ’s roof use shall be on the following terms and conditions set forth herein. Subject to Applicable Laws, Tenant shall have the right to install or cause to be installed rooftop equipment ("ROOFTOP EQUIPMENT"“Rooftop Equipment”) pursuant to plans and specifications which shall be subject to Landlord's ’s prior written approval, which shall not be unreasonably withheld or delayed on the roof of the Building, in a location as Landlord and Tenant may mutually agree. There shall be no additional charge payable by Tenant to Landlord for the use of such area or for the installation of the Mechanical Equipment and Rooftop Equipment. If the Rooftop Equipment is to be installed on the roof, Tenant shall notify Landlord in writing that the Rooftop Equipment is to be installed on the roof. Tenant shall be solely responsible for complying with (or causing its vendor to comply with) the requirements of such roof warranty or roof bond in connection with the installation, maintenance, repair, replacement or removal of the Mechanical Equipment and Rooftop Equipment. Tenant shall repair any damage to the roof caused by the installation, maintenance, repair, replacement or removal of the Mechanical Equipment and Rooftop Equipment. Landlord shall permit Tenant reasonable access to the designated area as reasonably necessary to install, maintain and remove the Mechanical Equipment and Rooftop Equipment, and Tenant shall indemnify Landlord and be solely responsible, at Tenant's ’s cost and expense, for the maintenance and repair of the Mechanical Equipment and Rooftop Equipment, and Landlord shall have no responsibility with respect thereto unless the same was made necessary by the negligence or willful act of Landlord or Landlord's ’s Agents. Tenant hereby agrees to defend, indemnify and hold Landlord harmless form any mechanics or materialmen's ’s liens upon the Premises or the Center which result from work associated with the installation of the Rooftop Equipment. Tenant shall obtain all licenses or approvals required to install and operate the Rooftop Equipment. The Rooftop Equipment shall remain the property of Tenant and upon expiration of the Lease, Tenant shall remove the Rooftop Equipment and repair the Premises and any damage to the area upon which the Rooftop Equipment was located to the original condition, normal wear and tear excepted. Landlord shall have the right to request that Tenant relocate the Rooftop Equipment, if necessary, at Landlord's ’s sole cost and expense to facilitate Landlord's ’s use of the roof. Tenant covenants that the Rooftop Equipment will be installed, maintained and removed in accordance with all Applicable Requirements. Tenant shall be responsible for all damage caused by the installation, maintenance, repair and/or removal of Tenant's ’s Rooftop Equipment. Tenant's ’s access to the roof to exercise its rights hereunder shall be subject to Landlord's ’s prior approval, which shall not be unreasonably withheld, provided that Tenant exercises such access rights in a manner that does not void any roof warranty. Tenant's ’s Rooftop Equipment shall not interfere with the operation of any existing roof top equipment which has been installed on the portion of the roof used by Landlord. Landlord shall not install or permit the installation of any rooftop equipment which will interfere with any Rooftop Equipment for which Tenant has submitted installation plans to Landlord or which Tenant has previously installed on the portion of the roof for Tenant's ’s use. EXHIBIT A SITE PLAN EXHIBIT B CENTER LEGAL DESCRIPTION AND PLAT MAP REAL PROPERTY IN THE City of Livermore, County of Alameda, State of California, described as follows: Parcels 1 through 8 as shown on Parcel Map No. 7624, filed December 12, 2000, in Book 254 of Maps at Pages 73 through 82, Alameda County Records. EXHIBIT C WORK LETTER This Work Letter sets forth the terms and conditions relating to the construction of the Premises.

Use of Roof. Tenant acknowledges that Landlord has reserved the right to use the roof of Building 1, including the right to lease or license its use. For so long as Tenant and no employee or invitee any Affiliate Transferee, in the aggregate, leases at least eighty percent (80%) of Tenant shall go upon the roof of Usable Area in the Building, except as otherwise expressly provided herein. Tenant shall have the exclusive right be entitled to use 50% of the total area of the roofinstall, in location(s) designated by Landlord maintain and reasonably approved by Tenant, to install a satellite dish or cluster of dishes and ancillary telecommunications equipment in connection with Tenant's business operations. Tenant's roof use shall be on the following terms and conditions set forth herein. Subject to Applicable Laws, Tenant shall have the right to install or cause to be installed rooftop equipment ("ROOFTOP EQUIPMENT") pursuant to plans and specifications which shall be subject to Landlord's prior written approval, which shall not be unreasonably withheld or delayed operate on the roof of the Building, in for the purpose of Tenant's business, a location limited number of telecommunications, satellite and other devices that make use of the electromagnetic spectrum ("Telecommunications Devices") as Landlord may approve in writing, subject to the following requirements and Tenant may mutually agreesubject always to compliance with all covenants or restrictions of record as of the date hereof, applicable laws, building codes, regulations and ordinances. There All such Telecommunication Devices shall be no additional charge payable located in an area of the roof not greater than four hundred (400) square feet, reasonably specified by Landlord. Prior to installing any Telecommunications Devices on the roof of the Building, Tenant shall provide prior written notice to Landlord for of Tenant's desire to install such Telecommunications Devices on the use roof of such area or the Building, together with plans and specifications for the installation of the Rooftop Equipment. If the Rooftop Equipment is to be installed on the roof, Tenant shall notify Landlord in writing that the Rooftop Equipment is to be installed on the roof. Tenant shall be solely responsible for complying with (or causing its vendor to comply with) the requirements of such roof warranty or roof bond in connection with the installation, maintenance, repair, replacement or removal of the Rooftop Equipment. Tenant shall repair any damage to the roof caused by the installation, maintenance, repair, replacement or removal of the Rooftop EquipmentTelecommunications Devices. Landlord shall permit Tenant reasonable access to the designated area as reasonably necessary to install, maintain review such plans and remove the Rooftop Equipmentspecifications within ten (10) days after receiving such plans and specifications from Tenant, and within such period notify Tenant shall indemnify if Landlord and be solely responsible, at Tenant's cost and expense, for the maintenance and repair of the Rooftop Equipment, and Landlord shall have no responsibility with respect thereto unless the same was made necessary by the negligence or willful act of Landlord or Landlord's Agents. Tenant hereby agrees to defend, indemnify and hold Landlord harmless form any mechanics or materialmen's liens upon the Premises or the Center which result from work associated with approves the installation of such Telecommunications Devices or disapproves the Rooftop Equipmentinstallation of such Telecommunication Devices, and if Landlord disapproves the installation of such Telecommunication Devices, the reasons therefor. Tenant shall obtain all licenses or approvals required Landlord may withhold its approval to install and operate the Rooftop Equipment. The Rooftop Equipment shall remain installation of Telecommunications Devices on the property of Tenant and upon expiration roof of the LeaseBuilding if such Telecommunication Devices are visible from other locations in the Project or the surrounding areas, Tenant shall remove the Rooftop Equipment and repair the Premises and pose any damage material risk to the area upon which physical integrity of the Rooftop Equipment was located to Project or adversely affect the original condition, normal wear and tear exceptedappearance of the Building from surrounding areas. Landlord shall have the right to request that may condition it's approval of any Telecommunications Devices on Tenant relocate the Rooftop Equipmentinstalling any walkways, if necessary, at screening or other devices or material requested by Landlord's sole cost and expense to facilitate Landlord's use of the roof. Tenant covenants that the Rooftop Equipment will be installed, maintained and removed in accordance with all Applicable Requirements. Tenant shall be responsible for all any installation and maintenance costs of any such Telecommunication Devices, as well as any damage caused by the installation, maintenance, repair and/or removal of Tenant's Rooftop Equipment. Tenant's access to the roof Building, including without limitation the roof, arising out of or related to exercise its rights hereunder shall be subject to Landlord's prior approval, which shall not be unreasonably withheld, provided that the installation or use by Tenant exercises such access rights in a manner that does not void any roof warranty. Tenant's Rooftop Equipment shall not interfere with the operation of any existing roof top equipment which has been installed on the portion of the roof used by Landlord. Landlord shall not install or permit the installation of any rooftop equipment which will interfere with any Rooftop Equipment for which Tenant has submitted installation plans to Landlord or which Tenant has previously installed on the portion of the roof for Tenant's use. EXHIBIT A SITE PLAN EXHIBIT B CENTER LEGAL DESCRIPTION AND PLAT MAP REAL PROPERTY IN THE City of Livermore, County of Alameda, State of California, described as follows: Parcels 1 through 8 as shown on Parcel Map No. 7624, filed December 12, 2000, in Book 254 of Maps at Pages 73 through 82, Alameda County Records. EXHIBIT C WORK LETTER This Work Letter sets forth the terms and conditions relating to the construction of the Premisessuch Telecommunications Device.