MAKE PLANS FOR SUBLESSOR'S ALTERATIONS TO AND OCCUPANCY OF THE PREMISES.
SUCH ENTRY SHALL BE SUBJECT TO SUBLESSOR'S REASONABLE SECURITY AND INSURANCE
REQUIREMENTS.
SUBLESSEE SHALL INDEMNIFY, DEFEND, PROTECT AND HOLD HARMLESS
SUBLESSOR AND MASTER LESSOR FROM ANY LOSSES, COSTS, CLAIMS, LIABILITIES OR
DAMAGES DUE TO SUCH ENTRY.
1
(II)
SUBLESSEE SHALL ALSO HAVE THE RIGHT TO ENTER THE PREMISES
FOLLOWING SUBLESSOR'S DELIVERY OF THE PREMISES TO SUBLESSEE AND RECEIPT OF
MASTER LESSOR'S CONSENT THERETO TO INSTALL TENANT IMPROVEMENTS, CABLING,
SECURITY SYSTEMS, FURNITURE, FIXTURES AND EQUIPMENT THEREIN AND THEREON.
SUBLESSEE MAY NOT MAKE ANY SUCH IMPROVEMENTS, ALTERATIONS OR INSTALLATIONS
WITHOUT THE PRIOR WRITTEN CONSENT OF SUBLESSOR AND MASTER LESSOR AND EXCEPT IN
COMPLIANCE WITH THE TERMS OF SECTION 10 HEREOF.
SUCH OCCUPANCY SHALL BE SUBJECT
TO ALL OF THE PROVISIONS OF THIS SUBLEASE, EXCEPT FOR THE OBLIGATION TO PAY BASE
RENT, BUILDING EXPENSES AND PROJECT EXPENSES (AS DEFINED BELOW); AND SHALL NOT
ADVANCE THE EXPIRATION DATE OF THIS SUBLEASE.
C.
NO OPTION TO EXTEND.
THE PARTIES HEREBY ACKNOWLEDGE THAT THE
EXPIRATION DATE OF THE MASTER LEASE IS DECEMBER 31, 2006 AND THAT SUBLESSEE HAS
NO OPTION TO EXTEND THE TERM OF THIS SUBLEASE.
4.
RENT:
A.
BASE RENT.
SUBLESSEE SHALL PAY TO SUBLESSOR AS BASE RENT FOR THE
PREMISES FOR EACH MONTH DURING THE TERM THE AMOUNT OF FIFTY-SEVEN THOUSAND FOUR
HUNDRED SEVENTY-SIX AND 25/100 DOLLARS ($57,476.25) PER MONTH ("BASE RENT").
BASE RENT SHALL BE PAID ON OR BEFORE THE FIRST (1ST) DAY OF EACH MONTH.
BASE
RENT AND "TENANT'S BUILDING SHARE" OF "BUILDING EXPENSES" AND "TENANT'S PROJECT
SHARE" OF "PROJECT EXPENSES", AS DEFINED IN THE MASTER LEASE, FOR ANY PERIOD
DURING THE TERM HEREOF WHICH IS FOR LESS THAN ONE (1) MONTH OF THE TERM SHALL BE
A PRO RATA PORTION OF THE MONTHLY INSTALLMENT BASED ON A THIRTY (30) DAY MONTH.
EXCEPT AS EXPRESSLY SET FORTH IN THIS SUBLEASE OR THE MASTER LEASE, AS
INCORPORATED HEREIN, BASE RENT SHALL BE PAYABLE WITHOUT NOTICE OR DEMAND AND,
EXCEPT AS EXPRESSLY SET FORTH IN THIS SUBLEASE OR THE PROVISIONS OF THE MASTER
LEASE, AS INCORPORATED HEREIN, WITHOUT ANY DEDUCTION, OFFSET, OR ABATEMENT, IN
LAWFUL MONEY OF THE UNITED STATES OF AMERICA.
BASE RENT AND ADDITIONAL RENT
SHALL BE PAID DIRECTLY TO SUBLESSOR AT 10188 TELESIS COURT, SUITE 100, SAN
DIEGO, CALIFORNIA
92121, ATTENTION:
ACCOUNTS RECEIVABLE, OR SUCH OTHER ADDRESS
AS MAY BE DESIGNATED IN WRITING BY SUBLESSOR.
B.
ADDITIONAL RENT.
ALL MONIES OTHER THAN BASE RENT REQUIRED TO BE
PAID BY SUBLESSEE TO SUBLESSOR UNDER THIS SUBLEASE SHALL BE DEEMED "ADDITIONAL
RENT".
EXCEPT AS PROVIDED BELOW, AND PROVIDED THAT SUBLESSOR HAS PROVIDED TO
SUBLESSEE AT LEAST THIRTY (30) DAYS PRIOR WRITTEN NOTICE OF SUCH AMOUNTS SO DUE
(WHICH NOTICE MAY BE GIVEN ONE TIME FOR RECURRING PAYMENTS, PROVIDED SUCH NOTICE
SPECIFIES THE RECURRING NATURE OF THE PAYMENTS), SUBLESSEE SHALL PAY TO
SUBLESSOR AS AND WHEN DUE UNDER THE MASTER LEASE "TENANT'S BUILDING SHARE" OF
"BUILDING EXPENSES" AND "TENANT'S PROJECT SHARE" OF "PROJECT EXPENSES" (AS SUCH
TERMS ARE DEFINED IN THE