EXECUTE AND DELIVER THIS LEASE ON LANDLORD'S BEHALF AND THAT THIS
LEASE IS BINDING UPON LANDLORD IN ACCORDANCE WITH ITS TERMS.
IF LANDLORD IS A
CORPORATION, TRUST OR PARTNERSHIP, LANDLORD SHALL, WITHIN FIFTEEN (15) BUSINESS
DAYS AFTER REQUEST BY TENANT, DELIVER TO TENANT EVIDENCE SATISFACTORY TO TENANT
OF SUCH AUTHORITY.
23.24
NO LIGHT, AIR OR VIEW EASEMENT.
ANY DIMINUTION OR SHUTTING OFF OF
LIGHT, AIR OR VIEW BY ANY STRUCTURE WHICH MAY BE ERECTED ON LANDS ADJACENT TO
THE PROJECT SHALL IN NO WAY AFFECT THIS LEASE OR THE RENT DUE HEREUNDER, OR
OTHERWISE IMPOSE ANY LIABILITY ON LANDLORD WHATSOEVER.
23.25
OFFER.
PREPARATION OF THIS LEASE BY LANDLORD OR LANDLORD'S AGENT AND
SUBMISSION OF SAME TO TENANT SHALL NOT BE DEEMED AN OFFER TO LEASE TO TENANT.
THIS LEASE IS NOT INTENDED TO BE BINDING AND SHALL NOT BE EFFECTIVE UNTIL FULLY
EXECUTED BY BOTH LANDLORD AND TENANT.
23.26
BUILDING NAME.
TENANT WILL NOT, WITHOUT THE WRITTEN CONSENT OF
LANDLORD, USE THE WORDS "CONTRACT DESIGN CENTER", "600 TOWNSEND STREET",
"GALLERIA DESIGN CENTER", "SHOWPLACE DESIGN CENTER", "CONTRACT CENTER",
"GALLERIA", "SHOWPLACE SQUARE", THE "SAN FRANCISCO DESIGN CENTER" OR "THE
SHOWPLACE" OR THE NAME OF THE BUILDING FOR ANY PURPOSE OTHER THAN AS THE ADDRESS
OF THE BUSINESS TO BE CONDUCTED BY TENANT IN THE PREMISES.
23.27
EXHIBITS.
THE FOLLOWING EXHIBITS AND ADDENDA ARE ATTACHED TO,
INCORPORATED IN AND MADE A PART OF THIS LEASE:
EXHIBIT A FLOOR PLAN OF THE
PREMISES; EXHIBIT B INITIAL IMPROVEMENT OF THE PREMISES; ALLOWANCE; EXHIBIT C
CONFIRMATION OF TERM OF LEASE; EXHIBIT D BUILDING RULES AND REGULATIONS; AND
EXHIBIT E TENANT CONSTRUCTION & RULES OF THE SITE.
23.28
CONDITION OF GROUND FLOOR LOBBY AND EXTERIOR COURTYARD; TERMINATION
OF ART PROGRAM.
LANDLORD HAS INFORMED TENANT THAT LANDLORD INTENDS TO INSTALL
TREES, PLANTS, TABLES AND CHAIRS IN THE EXTERIOR COURTYARD BEHIND THE MAIN
GROUND FLOOR LOBBY OF THE PROJECT.
IF LANDLORD ELECTS DURING THE TERM OF THIS
LEASE TO PERFORM ANY MAJOR MODIFICATIONS, UPGRADES OR RENOVATIONS TO THE MAIN
GROUND FLOOR LOBBY OF THE PROJECT (THE "LOBBY CHANGES"), LANDLORD SHALL SHARE
LANDLORD'S CONCEPT OF THE LOBBY CHANGES WITH TENANT PRIOR TO IMPLEMENTING SUCH
LOBBY CHANGES.
LANDLORD SHALL TERMINATE THE EXISTING PROGRAM FOR DISPLAYING ART
IN THE GROUND FLOOR LOBBY PRIOR TO DECEMBER 31, 2006.
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52
IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day
and year first written above.
"LANDLORD":
TODA DEVELOPMENT, INC.,
a California corporation
By:
/s/ Akinori Nakagawa
Typed Name:
Akinori Nakagawa
Title:
President
By:
/s/ Masatoshi Tasaka
Typed Name:
Masatoshi Tasaka
Title:
CFO
"TENANT":
ADVENT SOFTWARE, INC.,
a Delaware corporation
By:
/s/ Graham V. Smith
Typed Name:
Graham V. Smith
Title:
CFO
By:
/s/ John P. Brennan
Typed Name:
John P. Brennan
Title:
V.P. of Human Resources
[If Tenant is a corporation, Tenant should have one officer from each of the
following categories sign for Tenant: (a) a president, vice president or
chairman of the board and (b) a secretary, assistant secretary, chief financial
officer