THE CONDITION EXISTING ON THE LEASE COMMENCEMENT DATE (WITH
ANY ALTERATIONS REMOVED WHICH LANDLORD HAS REQUIRED TO BE REMOVED).
UPON ANY
SUCH EXPIRATION OF THE TERM OR EARLIER TERMINATION OF THE LEASE, ALL LEASEHOLD
IMPROVEMENTS WITHIN THE DEMISED PREMISES, ALTERATIONS AND OTHER PROPERTY THEN
LOCATED WITHIN THE DEMISED PREMISES (OTHER THAN SELLER'S COMPUTERS, CPUS,
LAPTOPS, SERVERS, FILES AND OTHER PERSONAL PROPERTY WHICH CONTAINS CUSTOMER
INFORMATION) SHALL BECOME THE PROPERTY OF LANDLORD.
13
NOTWITHSTANDING THE FOREGOING, NO COMPUTER SERVERS, CPUS, LAPTOPS, FILES OR
OTHER PERSONAL PROPERTY WHICH CONTAINS CUSTOMER INFORMATION (COLLECTIVELY, THE
"PROTECTED ITEMS") SHALL BECOME THE PROPERTY OF OR SHALL BE DISPOSED OF BY
LANDLORD AND TENANT SHALL REMOVE ALL SUCH PROTECTED ITEMS BY THE END OF THE
LEASE TERM, AND IF TENANT FAILS TO SO REMOVE SUCH PROTECTED ITEMS, THEN LANDLORD
MAY ARRANGE FOR STORAGE OF THE SAME AT TENANT'S SOLE COST AND EXPENSE FOR A
PERIOD NOT LESS THAN THIRTY (30) DAYS, ONLY AFTER FIRST PROVIDING AN ADDITIONAL
WRITTEN NOTICE TO TENANT AND FIVE (5) ADDITIONAL BUSINESS DAYS, AND ACCESS
DURING LANDLORD'S NORMAL BUSINESS HOURS, FOR TENANT TO RETRIEVE SAID ITEMS, IT
BEING ACKNOWLEDGED BY BOTH LANDLORD AND TENANT THAT SUCH ITEMS MAY CONTAIN
SENSITIVE, CONFIDENTIAL AND/OR PROPRIETARY INFORMATION WHICH IS THE SUBJECT OF
FEDERAL REGULATIONS AS TO OWNERSHIP, POSSESSION, STORAGE, DISPOSAL, REMOVAL OR
OTHER HANDLING.
X.
LANDLORD LIEN WAIVER.
NOTWITHSTANDING ANYTHING IN THE FOREGOING
TO THE CONTRARY, LANDLORD HEREBY SPECIFICALLY WAIVES AND DISCLAIMS ANY AND ALL
RIGHTS TO A LANDLORD OR OTHER STATUTORY OR COMMON LAW LIEN UPON THE PERSONAL
PROPERTY OF TENANT.
CONTRACTION/EARLY TERMINATION RIGHTS
I.
CONTRACTION RIGHTS.
NOTWITHSTANDING ANYTHING IN THIS LEASE TO
THE CONTRARY, SO LONG AS NO MATERIAL EVENT OF DEFAULT EXISTS BEYOND ANY
APPLICABLE NOTICE AND CURE PERIODS, TENANT SHALL HAVE THE RIGHT, COMMENCING ON
THE DAY IMMEDIATELY AFTER SEPTEMBER 31, 2008, TO REDUCE THE DEMISED PREMISES
(THE "CONTRACTION RIGHTS") IN CONTIGUOUS FULL FLOOR INCREMENTS UP TO ONE HUNDRED
(100%) PERCENT OF THE DEMISED PREMISES (THE "TERMINATION SPACE").
IN NO EVENT
SHALL THE CONTRACTION RIGHTS APPLY TO LESS THAN AN ENTIRE FLOOR.
TENANT SHALL
GIVE LANDLORD NOT LESS THAN 15 DAYS PRIOR WRITTEN NOTICE OF THE EXERCISE OF ITS
CONTRACTION RIGHTS, WHICH NOTICE SHALL INCLUDE A DESCRIPTION OF THE TERMINATION
SPACE WHICH TENANT DESIRES TO SURRENDER AND THE DATE ON WHICH TENANT SHALL
VACATE AND SURRENDER SUCH TERMINATION SPACE ("CONTRACTION EXERCISE DATE").
UPON
SUCH CONTRACTION, BASE RENT SHALL BE REDUCED IN PROPORTION TO THE SQUARE FOOTAGE
OF THE TERMINATION SPACE.
II.
HOLDOVER AFTER CONTRACTION EXERCISE DATE.
SHOULD TENANT PROVIDE
NOTICE TO LANDLORD OF ITS INTENT TO VACATE THE TERMINATION SPACE AND
SUBSEQUENTLY FAIL TO VACATE THE TERMINATION SPACE BY THE STATED CONTRACTION
EXERCISE DATE, TENANT SHALL BE DEEMED A HOLDOVER TENANT PURSUANT TO SECTION I AS
TO THE TERMINATION SPACE, AND SHALL BE SUBJECT TO ANY PENALTIES AND WAIVERS
SPECIFIED IN SECTION I AS THEY APPLY TO THE TERMINATION SPACE.
III.
EARLY TERMINATION RIGHTS.
NOTWITHSTANDING ANYTHING IN THIS LEASE
TO THE CONTRARY, SO LONG AS NO MATERIAL EVENT OF DEFAULT EXISTS