SUBTENANT
TOGETHER) PROCURES COVERAGE IN COMPLIANCE WITH THE REQUIREMENTS OF
SECTION 14.2(B) AND SECTION 14.3 OF THE LEASE, TENANT WILL NOT BE REQUIRED TO
MAINTAIN SUCH INSURANCE COVERAGE.
(B)
THE PROVISIONS OF SECTION 14.5 OF THE LEASE ARE DEEMED REVISED SO THAT
REFERENCES THEREIN TO "THE PARTIES" SHALL BE DEEMED TO REFER TO LANDLORD, TENANT
AND SUBTENANT, AND REFERENCES TO "LANDLORD AND TENANT" SHALL BE DEEMED TO REFER
TO "LANDLORD, TENANT AND SUBTENANT."
1.8.
ASSIGNMENT AND SUBLETTING.
(A)
WITH RESPECT TO SECTION 15.1 OF THE LEASE:
(I)
SECTION 15.1 OF THE LEASE SHALL BE
APPLICABLE TO SUBTENANT, AND REFERENCES THEREIN TO TENANT SHALL ALSO MEAN
SUBTENANT, REFERENCES THEREIN TO LEASE SHALL ALSO MEAN THE GOOGLE SUBLEASE AND
REFERENCES THEREIN TO "SUBLEASE" SHALL ALSO MEAN A SUB-SUBLEASE BY GOOGLE.
(II)
THE PHRASE "WHICH LANDLORD MAY WITHHOLD IN
ITS SOLE AND ABSOLUTE DISCRETION" IN THE FINAL SENTENCE OF SECTION 15.1 OF THE
LEASE IS DELETED AND REPLACED WITH THE PHRASE "WHICH LANDLORD SHALL NOT
UNREASONABLY WITHHOLD."
(III)
LANDLORD AND TENANT AGREE THAT, WITHOUT THE
NECESSITY OF OBTAINING THE FURTHER CONSENT OF LANDLORD OR TENANT, SUBTENANT
SHALL BE PERMITTED FROM TIME TO TIME TO PERMIT ITS CLIENTS AND/OR VENTURE
PARTNERS (EACH, AN "APPROVED USER") TO TEMPORARILY OCCUPY SPACE CONCURRENTLY
WITH SUBTENANT WITHIN THE PREMISES IN ORDER TO MAKE SUCH APPROVED USER MORE
ACCESSIBLE TO SUBTENANT, PROVIDED THAT THE APPROVED USERS SHALL NOT OCCUPY, IN
THE AGGREGATE, MORE THAN FIFTEEN PERCENT (15%) OF THE RENTABLE AREA OF THE
PREMISES.
SUBTENANT SHALL NOTIFY LANDLORD AND TENANT OF THE NAME OF EACH
APPROVED USER WITHIN 10 BUSINESS DAYS OF SUCH APPROVED USER'S INITIAL OCCUPANCY
OF SPACE WITHIN THE PREMISES, AS WELL AS THE APPROXIMATE SQUARE FOOTAGE OCCUPIED
BY SUCH APPROVED USER AND RENT TO BE PAID BY SUCH APPROVED USER, AND SHALL, ON
JANUARY 2 OF EACH YEAR, FURNISH LANDLORD AND TENANT WITH A LIST OF ALL APPROVED
USERS, SQUARE FOOTAGE OCCUPIED BY EACH AND THE RENT PAYABLE BY EACH.
IF ANY
APPROVED USER OCCUPIES ANY PORTION OF THE PREMISES AS DESCRIBED HEREIN, IT IS
AGREED THAT (I) THE APPROVED USER MUST COMPLY WITH ALL PROVISIONS OF
7
THIS AMENDMENT AND THE GOOGLE SUBLEASE, AND A DEFAULT HEREUNDER OR THEREUNDER BY
ANY APPROVED USER SHALL BE DEEMED A DEFAULT BY SUBTENANT UNDER THIS AMENDMENT
AND THE GOOGLE SUBLEASE; (II) IN NO EVENT SHALL ANY USE OR OCCUPANCY OF ANY
PORTION OF THE PREMISES BY ANY APPROVED USER RELEASE OR RELIEVE SUBTENANT FROM
ANY OF ITS OBLIGATIONS UNDER THIS AMENDMENT AND THE GOOGLE SUBLEASE; AND
(III) IN NO EVENT SHALL THE OCCUPANCY OF ANY PORTION OF THE PREMISES BY ANY
APPROVED USER BE DEEMED TO CREATE A LANDLORD/TENANT RELATIONSHIP BETWEEN
LANDLORD AND SUCH APPROVED USER, AND, IN ALL INSTANCES, SUBTENANT SHALL BE
CONSIDERED THE SOLE TENANT UNDER THIS AMENDMENT AND THE GOOGLE SUBLEASE
NOTWITHSTANDING THE OCCUPANCY OF ANY PORTION OF THE PREMISES BY AN APPROVED
USER.
(IV)
SUBTENANT (FAILING WHICH TENANT) SHALL PERFORM
THE OBLIGATIONS AND CURE THE DEFAULTS OF ANY SUBTENANT OF SUBTENANT OR ANY