reasonable judgment, materially, adversely affect Lessor's ability to
lease other space within such Project Building; (iv) Lessor is not then in
negotiations with any prospective tenant to lease any portion of such space; and
(v) such space is not located in that certain Project Building, sometimes known
as "Building 10" and commonly known as 1500 Seaport Boulevard, Redwood City,
California 94063 ("Building 10"), it being understood that Lessor may, but in no
event shall be required to, include any space in Building 10 in the Designation
Notice (either as the Designated Space or as an alternative Available Tenant
Space).
If the Designated Space is not located in Building 6, and if Lessee
desires to lease the alternative Available Tenant Space described in the
Designation Notice, if any, in lieu of the Designated Space described in the
Designation Notice, then Lessee shall have the right, within ten (10) days after
Lessee's receipt of the Designation Notice, to deliver written notice (the
"Relocation Notice") to Lessor electing to lease the alternative Available
Tenant Space, in which event Lessee's Relocation Notice shall be determinative
and such alternative Available Tenant Space shall constitute the Premises for
all purposes hereunder.
If Lessee does not timely deliver a Relocation Notice,
then Lessor's Designation Notice shall be determinative and the Designated Space
shall constitute the Premises for all purposes hereunder.
In the event that the
actual Rentable Area of the Premises is determined in accordance herewith to be
other than 50,000 square feet, then all amounts, percentages and figures
appearing or referred to in this Lease based upon such Rentable Area (including,
without limitation, the amounts of Base Rent,
3
Additional Rent and Lessee's Share, as those terms are defined herein) shall be
modified in accordance with such determination.
The Project Building in which
the Premises shall be located shall be referred to herein as the "Building."
SECTION 2.03.
COMMON AREA.
DURING THE LEASE TERM, LESSEE SHALL HAVE
THE NON-EXCLUSIVE RIGHT TO USE THE COMMON AREA DEFINED HEREIN.
LESSOR RESERVES
THE RIGHT TO MODIFY THE COMMON AREA, INCLUDING REDUCING THE SIZE OR CHANGING THE
USE, CONFIGURATION AND ELEMENTS THEREOF IN ITS SOLE DISCRETION, TO DESIGNATE
CERTAIN PORTIONS FOR USE BY CERTAIN OCCUPANTS OF THE PROJECT (SUCH AS COMMON
AREAS LOCATED WITHIN A PARTICULAR PROJECT BUILDING), AND TO CLOSE OR RESTRICT
ACCESS FROM TIME TO TIME FOR REPAIR, MAINTENANCE OR TO PREVENT A DEDICATION
THEREOF, PROVIDED THAT LESSEE NONETHELESS SHALL HAVE ACCESS TO PARKING AND THE
PREMISES DURING SUCH ACTIVITIES AND, PROVIDED FURTHER, THAT LESSOR WILL CONTINUE
TO MAINTAIN THE BASEBALL AND SOCCER FIELDS AND THE AMENITIES/ATHLETIC FACILITY
OR REPLACEMENT ITEMS OF LIKE KIND FOR SO LONG AS LESSOR IS LEGALLY ABLE TO DO SO
DURING THE LEASE TERM.
LESSOR FURTHER RESERVES THE RIGHT TO ESTABLISH, REPEAL
AND AMEND FROM TIME TO TIME RULES AND REGULATIONS FOR THE USE OF THE COMMON AREA
(PROVIDED THAT, TO THE EXTENT THAT ANY CONFLICT BETWEEN ANY NEW RULES AND
REGULATIONS AND THIS LEASE (INCLUDING THE RULES AND REGULATIONS ATTACHED HERETO