TOWNSEND STREET, SAN FRANCISCO,
CALIFORNIA.
1.7
"COMMENCEMENT DATE" SHALL MEAN THE DATE WHEN THE TERM COMMENCES AS
DETERMINED PURSUANT TO SECTION 3.1 HEREOF.
1.8
"COMMON AREAS" SHALL MEAN THE AREAS ON INDIVIDUAL FLOORS OF THE
BUILDING DEVOTED TO NON-EXCLUSIVE USES SUCH AS COMMON CORRIDORS, LOBBIES,
STAIRWAYS, ELEVATORS, ELECTRIC AND TELEPHONE CLOSETS, RESTROOMS, MECHANICAL
CLOSETS, JANITOR CLOSETS AND OTHER SIMILAR FACILITIES FOR THE BENEFIT OF ALL
TENANTS (AND INVITEES) ON THE PARTICULAR FLOOR AND OTHER FLOORS.
1.9
"COMPUTATION YEAR" SHALL MEAN EACH TWELVE (12) CONSECUTIVE MONTH
PERIOD COMMENCING JANUARY 1ST OF EACH YEAR DURING THE TERM FOLLOWING THE BASE
YEAR AND ANY PARTIAL CALENDAR YEAR IN WHICH THE LEASE EXPIRES OR IS TERMINATED.
1.10
"EXPIRATION DATE" SHALL MEAN THE DATE WHEN THE TERM SHALL END AS
DETERMINED PURSUANT TO SECTION 3.1 HEREOF, UNLESS SOONER TERMINATED PURSUANT TO
THE TERMS OF THIS LEASE.
1.11
"LANDLORD'S BROKER" SHALL MEAN THE INDIVIDUAL OR CORPORATE BROKER
IDENTIFIED ON THE BASIC LEASE INFORMATION PAGE AS THE BROKER FOR LANDLORD, IF
ANY.
1.12
"OPERATING COST" SHALL HAVE THE MEANING GIVEN IN SECTION 4.3.
1.13
"PERMITTED USE" SHALL MEAN GENERAL OFFICE PURPOSES CONSISTENT WITH
THE OPERATION OF THE BUILDING AS A FIRST-CLASS OFFICE BUILDING IN THE SAN
FRANCISCO SOUTH OF MARKET STREET AREA (INCLUDING, WITHOUT LIMITATION, SOFTWARE
RESEARCH AND DEVELOPMENT); PROVIDED, HOWEVER, THAT PERMITTED USE SHALL NOT
INCLUDE (A) OFFICES OR AGENCIES OF ANY FOREIGN GOVERNMENT OR POLITICAL
SUBDIVISION THEREOF; (B) OFFICES OF ANY AGENCY OR BUREAU OF ANY STATE, COUNTY OR
CITY GOVERNMENT; (C) OFFICES OF ANY HEALTH CARE PROFESSIONALS OR SERVICE
ORGANIZATION; (D) SCHOOLS OR OTHER TRAINING FACILITIES WHICH ARE NOT ANCILLARY
TO CORPORATE, EXECUTIVE OR PROFESSIONAL OFFICE USE; (E) RETAIL OR RESTAURANT
USES; (F) COMMUNICATIONS FIRMS SUCH AS RADIO AND/OR TELEVISION STATIONS; (G) OR
PERSONNEL OR EMPLOYMENT AGENCIES (OTHER THAN EXECUTIVE OFFICES OF THE SAME NOT
HAVING SUBSTANTIAL DEALINGS WITH THE PUBLIC).
1.14
"PREMISES" SHALL MEAN THAT CERTAIN PORTION OF THE BUILDING SHOWN ON
THE FLOOR PLAN ATTACHED HERETO AS EXHIBIT A.
1.15
"PROJECT" SHALL MEAN THE BUILDING, THE PARKING GARAGE AFFILIATED
THEREWITH, AND THE REAL PROPERTY ON WHICH THE BUILDING AND THE PARKING GARAGE
ARE LOCATED, BUT NOT ANY OTHER BUILDINGS.
THE LOBBY OF THE BUILDING AND A
PORTION OF THE GARAGE OF THE BUILDING ARE THE SUBJECT OF THAT CERTAIN GRANT OF
EASEMENT, RECORDED ON DECEMBER 19, 1986 IN BOOK E238, PAGE IN THE OFFICIAL
RECORDS OF THE COUNTY OF SAN FRANCISCO, CALIFORNIA (THE
3
"OFFICIAL RECORDS"), AS AMENDED BY THAT FIRST AMENDMENT TO GRANT OF EASEMENT (RE
GALLERY, ETC.), DATED JUNE 19, 1991, AND RECORDED ON JUNE 27, 1991 IN THE
OFFICIAL RECORDS (AS SO AMENDED, THE "LOBBY EASEMENT").
1.16
"REAL ESTATE TAXES" SHALL HAVE THE MEANING SET FORTH IN SECTION 4.4
BELOW.
1.17
"RENT" SHALL MEAN THE SUM OF BASE RENT, TENANT'S PROPORTIONATE SHARE
OF INCREASED OPERATING COST PLUS ADDITIONAL RENT.
1.18
"RENTABLE AREA" SHALL MEAN THE AREA OR AREAS OF SPACE WITHIN THE
PROJECT DETERMINED BY LANDLORD TO BE USABLE AREA, PLUS A LOAD FACTOR ESTABLISHED
BY LANDLORD WHICH