time when Subtenant notifies Sublandlord that it wishes
additional parking spaces, Sublandlord may provide such parking spaces if, as
and when available as determined in Sublandlord's sole discretion. All parking
spaces shall be unreserved and otherwise subject to the terms and conditions of
the Master Lease.
(E)
THE FIRST AND SECOND PARAGRAPHS OF THE
DEFINITION OF "SECURITY DEPOSIT" AS DEFINED IN THE DEFINED TERMS OF THE SUBLEASE
ARE DELETED AND REPLACED WITH THE FOLLOWING:
During the initial Sublease Term, $1,777,780, provided, however, that if the
Sublease Premises is additionally expanded in addition to that described in the
Second Amendment (being 78,454 rentable square feet), the Security Deposit shall
be increased by fifty (50%) of the amount that is equal to the average annual
Fixed Rent for such additional rentable square footage.
If the Sublease Term
is extended pursuant to Section 1(i), the Security Deposit during the Extension
Term shall be fifty (50%) of the amount that is equal to the average annual
Fixed Rent over the Extension Term.
Within twenty (20) days after the Effective Date of this Second Amendment,
Subtenant shall deliver to Sublandlord either (i) an additional letter of credit
in the amount of 292,780.00
complying with the terms and conditions of the
Sublease, or (ii) an amendment to Silicon Valley Bank Standby Letter of Credit
No. SVBSF003033 increasing the amount thereunder to $1,777,780.00, which
amendment shall be in form and substance reasonably satisfactory to Sublandlord.
(F)
THE PLAN ATTACHED TO THIS SECOND
AMENDMENT AS EXHIBIT C, DEPICTING THE FIFTH FLOOR PREMISES, IS ADDED AS AN
ADDITIONAL EXHIBIT, EXHIBIT C-3, TO THE SUBLEASE.
(G)
AS OF THE EXECUTION OF THIS SECOND
AMENDMENT, SUBTENANT AND ITS AGENTS, EMPLOYEES, INVITEES, CONSULTANTS AND
CONTRACTORS (COLLECTIVELY "AGENTS") SHALL HAVE THE RIGHT TO ENTER THE FIFTH
FLOOR PREMISES FOR THE SOLE PURPOSE OF SPACE PLANNING, AND DOCUMENT PREPARATION
IN CONNECTION WITH THE FIFTH FLOOR IMPROVEMENTS (AS DEFINED BELOW), SUBTENANT
AGREEING THAT NO CONSTRUCTION WORK OR INSTALLATION OF ANY PROPERTY OF ANY KIND
SHALL BE PERMITTED IN THE FIFTH FLOOR PREMISES PRIOR TO THE EFFECTIVE DATE (AND
THEN ONLY IN ACCORDANCE WITH THE FOLLOWING SENTENCE). AS OF THE EFFECTIVE DATE
OF THIS SECOND AMENDMENT, SUBTENANT AND ITS AGENTS SHALL HAVE THE RIGHT TO ENTER
THE FIFTH FLOOR PREMISES FOR THE CONSTRUCTION OF THE FIFTH FLOOR IMPROVEMENTS
AND INSTALLATION OF FURNITURE, EQUIPMENT AND FURNISHINGS IN THE FIFTH FLOOR
PREMISES, ALL AT SUBTENANT'S SOLE COST (BUT SUBJECT TO SUBLANDLORD'S
CONTRIBUTION OF THE FIFTH FLOOR ALLOWANCE (AS DEFINED
4
IN EXHIBIT E ATTACHED HERETO); PROVIDED THAT SUBTENANT SHALL OBTAIN THE CONSENT
OF SUBLANDLORD AND MASTER LANDLORD TO ANY ALTERATIONS AS REQUIRED BY SECTION 6
OF THE SUBLEASE).
SUCH ACCESS SHALL BE SUBJECT TO ALL OF THE TERMS AND
CONDITIONS OF THE SUBLEASE, EXCEPT THAT SUBTENANT SHALL NOT BE OBLIGATED TO PAY
FIXED RENT OR ADDITIONAL RENT ON ACCOUNT THEREOF UNTIL THE FIFTH FLOOR
COMMENCEMENT DATE.
ANY ENTRY BY SUBTENANT OR ANY OF ITS AGENTS PURSUANT TO THIS
SUBSECTION
(G) SHALL BE UNDERTAKEN AT SUBTENANT'S SOLE RISK.