SUBJECT TO
THE FOREGOING, LANDLORD SHALL HAVE NO RESPONSIBILITY FOR PROVIDING TO TENANT ANY
TELEPHONE EQUIPMENT, INCLUDING WIRING, WITHIN THE LEASED PREMISES OR FOR
PROVIDING TELEPHONE SERVICE OR CONNECTIONS FROM THE UTILITY TO THE LEASED
PREMISES, EXCEPT AS REQUIRED BY LAW.
(II)
TENANT SHALL NOT ALTER, MODIFY, ADD TO OR DISTURB ANY TELEPHONE
WIRING IN THE LEASED PREMISES OR ELSEWHERE IN THE BUILDING WITHOUT THE
LANDLORD'S PRIOR WRITTEN CONSENT. TENANT SHALL BE LIABLE TO LANDLORD FOR ANY
DAMAGE TO THE TELEPHONE WIRING IN THE BUILDING DUE TO THE ACT, NEGLIGENT OR
OTHERWISE, OF TENANT OR ANY EMPLOYEE, CONTRACTOR OR OTHER AGENT OF TENANT.
TENANT SHALL HAVE NO ACCESS TO THE TELEPHONE CLOSETS WITHIN THE BUILDING, EXCEPT
IN THE MANNER AND UNDER PROCEDURES ESTABLISHED BY LANDLORD. TENANT SHALL
PROMPTLY NOTIFY LANDLORD OF ANY ACTUAL OR SUSPECTED FAILURE OF TELEPHONE SERVICE
TO THE LEASED PREMISES.
(III)
ALL COSTS INCURRED BY LANDLORD FOR THE INSTALLATION, MAINTENANCE,
REPAIR AND REPLACEMENT OF TELEPHONE WIRING IN THE BUILDING SHALL BE A PROPERTY
MAINTENANCE COST.
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(IV)
LANDLORD MAKES NO WARRANTY AS TO THE QUALITY, CONTINUITY OR
AVAILABILITY OF THE TELECOMMUNICATIONS SERVICES IN THE BUILDING, AND TENANT
HEREBY WAIVES ANY CLAIM AGAINST LANDLORD FOR ANY ACTUAL OR CONSEQUENTIAL DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS) IN THE EVENT TENANT'S
TELECOMMUNICATIONS SERVICES IN ANY WAY ARE INTERRUPTED, DAMAGED OR RENDERED LESS
EFFECTIVE, EXCEPT TO THE EXTENT CAUSED BY THE GROSSLY NEGLIGENT OR WILLFUL ACT
OR OMISSION BY LANDLORD, ITS AGENTS OR EMPLOYEES. TENANT ACKNOWLEDGES THAT
LANDLORD MEETS ITS DUTY OF CARE TO TENANT WITH RESPECT TO THE BUILDING INC BY
CONTRACTING WITH A RELIABLE THIRD PARTY VENDOR TO ASSUME RESPONSIBILITY FOR THE
MAINTENANCE AND REPAIR THEREOF (WHICH CONTRACT SHALL CONTAIN PROVISIONS
REQUIRING SUCH VENDOR TO INSPECT THE INC PERIODICALLY (THE FREQUENCY OF SUCH
INSPECTIONS TO BE DETERMINED BY SUCH VENDOR BASED ON ITS EXPERIENCE AND
PROFESSIONAL JUDGMENT), AND REQUIRING SUCH VENDOR TO MEET LOCAL AND FEDERAL
REQUIREMENTS FOR TELECOMMUNICATIONS MATERIAL AND WORKMANSHIP). SUBJECT TO THE
FOREGOING, LANDLORD SHALL NOT BE LIABLE TO TENANT AND TENANT WAIVES ALL CLAIMS
AGAINST LANDLORD WHATSOEVER, WHETHER FOR PERSONAL INJURY, PROPERTY DAMAGE, LOSS
OF USE OF THE LEASED PREMISES, OR OTHERWISE, DUE TO THE INTERRUPTION OR FAILURE
OF TELEPHONE SERVICES TO THE LEASED PREMISES. TENANT HEREBY HOLDS LANDLORD
HARMLESS AND AGREES TO INDEMNIFY, PROTECT AND DEFEND LANDLORD FROM AND AGAINST
ANY LIABILITY FOR ANY DAMAGE, LOSS OR EXPENSE DUE TO ANY FAILURE OR INTERRUPTION
OF TELEPHONE SERVICE TO THE LEASED PREMISES FOR ANY REASON. TENANT AGREES TO
OBTAIN LOSS OF RENTAL INSURANCE ADEQUATE TO COVER ANY DAMAGE, LOSS OR EXPENSE
OCCASIONED BY THE INTERRUPTION OF TELEPHONE SERVICE.
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IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease as of the
Effective Date of this Lease.
LANDLORD:
iSTAR SUNNYVALE PARTNERS, L.P., a Delaware limited partnership
By:
/s/ Erich Steiger
Title:
Vice President
TENANT:
SILICON IMAGE, INC., a Delaware corporation
By:
/s/ Robert G. Gargus
Title:
CFO
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EXHIBIT A
SITE PLAN
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EXHIBIT B
FORM OF TENANT ESTOPPEL CERTIFICATE