SHARE THIS LEASE AND
INFORMATION RELATING THERETO WITH SUCH PARTY'S ATTORNEYS, ACCOUNTANTS AND OTHER
PROFESSIONAL ADVISORS AND WITH EXISTING OR POTENTIAL LENDERS OR INVESTORS WITH
RESPECT TO THE PROPERTY, AND PROVIDED THAT THIS LEASE WILL BE SUBMITTED TO THE
CITY OF MOUNTAIN VIEW AND MAY THEREFORE BE A PUBLIC DOCUMENT.
33.13
TERMS.
THE TERM "PREMISES" INCLUDES THE SPACE LEASED HEREBY AND ANY
IMPROVEMENTS NOW OR HEREAFTER INSTALLED THEREIN OR ATTACHED THERETO.
THE WORDS
"LANDLORD" AND "TENANT" AS USED HEREIN SHALL INCLUDE THE PLURAL AS WELL AS THE
SINGULAR.
IF THERE IS MORE THAN ONE TENANT OR LANDLORD, THE OBLIGATIONS UNDER
THIS LEASE IMPOSED ON TENANT OR LANDLORD SHALL BE JOINT AND SEVERAL.
THE
CAPTIONS PRECEDING THE ARTICLES OF THIS LEASE HAVE BEEN INSERTED SOLELY AS A
MATTER OF CONVENIENCE AND SUCH CAPTIONS IN NO WAY DEFINE OR LIMIT THE SCOPE OR
INTENT OF ANY PROVISION OF THIS LEASE.
66
33.14
REVIEW AND APPROVAL.
THE REVIEW, APPROVAL, INSPECTION OR EXAMINATION
BY LANDLORD OF ANY ITEM TO BE REVIEWED, APPROVED, INSPECTED OR EXAMINED BY
LANDLORD UNDER THE TERMS OF THIS LEASE OR THE EXHIBITS ATTACHED HERETO SHALL NOT
CONSTITUTE THE ASSUMPTION OF ANY RESPONSIBILITY BY LANDLORD FOR EITHER THE
ACCURACY OR SUFFICIENCY OF ANY SUCH ITEM OR THE QUALITY OF SUITABILITY OF SUCH
ITEM FOR ITS INTENDED USE.
ANY SUCH REVIEW, APPROVAL, INSPECTION OR EXAMINATION
BY LANDLORD IS FOR THE SOLE PURPOSE OF PROTECTING LANDLORD'S INTERESTS IN THE
AND UNDER THIS LEASE, AND NO THIRD PARTIES, INCLUDING, WITHOUT LIMITATION,
TENANT OR ANY PERSON OR ENTITY CLAIMING THROUGH OR UNDER TENANT, OR THE
CONTRACTORS, AGENTS, SERVANTS, EMPLOYEES, VISITORS OR LICENSEES OF TENANT OR ANY
SUCH PERSON OR ENTITY, SHALL HAVE ANY RIGHTS HEREUNDER WITH RESPECT TO SUCH
REVIEW, APPROVAL, INSPECTION OR EXAMINATION BY LANDLORD.
33.15
NO BENEFICIARIES.
THIS LEASE SHALL NOT CONFER OR BE DEEMED TO CONFER
UPON ANY PERSON OR ENTITY OTHER THAN THE PARTIES HERETO, ANY RIGHT OR INTEREST,
INCLUDING WITHOUT LIMITATION, ANY THIRD PARTY STATUS OR ANY RIGHT TO ENFORCE ANY
PROVISION OF THIS LEASE.
33.16
TIME OF THE ESSENCE.
TIME IS OF THE ESSENCE IN RESPECT OF ALL
PROVISIONS OF THIS LEASE IN WHICH A DEFINITE TIME FOR PERFORMANCE IS SPECIFIED.
33.17
MODIFICATION OF LEASE.
IN THE EVENT OF ANY RULING OR THREAT BY THE
INTERNAL REVENUE SERVICE, OR OPINION OF COUNSEL, THAT ALL OR PART OF THE RENT
PAID OR TO BE PAID TO LANDLORD UNDER THIS LEASE WILL BE SUBJECT TO THE INCOME
TAX ON UNRELATED BUSINESS TAXABLE INCOME, TENANT AGREES TO MAKE REASONABLE
MODIFICATIONS TO THIS LEASE TO MINIMIZE SUCH TAX; PROVIDED THAT SUCH
MODIFICATIONS WILL NOT RESULT IN ANY INCREASE IN RENT, CHANGE THE TERM OR IMPOSE
ANY ADDITIONAL LIABILITY OR OBLIGATION ON TENANT OR DIMINISH TENANT'S RIGHTS
HEREBY UNDER.
LANDLORD WILL PAY ALL TENANT'S REASONABLE COSTS INCURRED IN
REVIEWING AND NEGOTIATING ANY SUCH LEASE MODIFICATION, INCLUDING REASONABLE
ATTORNEYS' AND ACCOUNTANTS' FEES.
33.18
CONSTRUCTION.
THIS LEASE HAS BEEN NEGOTIATED EXTENSIVELY BY LANDLORD
AND TENANT WITH AND UPON THE ADVICE OF THEIR RESPECTIVE LEGAL COUNSEL,