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EXHIBIT 1B
<br />1.23"11aIdm'"means the holder ofany Security instrument,
<br />1,24 "Expressly Restricled Use" means any use for: (a) offices of any division, agency or bureau of any foreign government or
<br />subdivision thereof, (b) offices of any health an reprofesslonals or for the provislon of any health care services, (c) any schools, (d) miry retail or
<br />restaurant uses, (a) any residential use, (p any communications uses such As broadcasting radio and/or television stations, (g) "executive sale" type
<br />uses where office suites are maintained for Individual rental, or (h) any occupancy density greater than die average occupancy density for office
<br />tenants of the Project.
<br />1,25 The "FMRR" of the Preal [sea for a particular Extension Tern (as defined in Schedule "J-I';) or for a portion Ior Loosed First
<br />Right Space (its dolled in $ ell ado a "J-2"') for the term of Tenant's lease diereof, shall be equal to the rent per square foot of Rentable Area that
<br />Landlord has agreed to accept, or If Landlord determines that there has not been a reasonable numbar of current comparable transactions in die
<br />Project, that landlords of die Comparable Buildings have agreed to accept, and sophisticated nonallJliAted le fonts of the Project and/or Comparable
<br />Buildings have agreed to pay, in current arms-longth, nomequily (i.e., not being offered equity in the building), transactions for comparable space (In
<br />teems of condition, floor location, view slid floor height) of a comparable size (in terms of square feet of Rentable Area), for a term equal to the
<br />Extension Term (or the terns of Tenant's lease of the applicable Leased First Right Space) and with a commencement date within six (6) months
<br />before or after the first day of the Extension Term (or the applicable Offered Space Scheduled Commencement Date (as defined in Schedule" 2"1),
<br />which rent per square foot shall lake into account and make adjustment for the existence, timing and amount of any increases In rent following term
<br />commencement in the comparison transactions, and shall atoll times take into consideration and make adjustment for oil other material differences in
<br />oil terms, conditions or factors (applicable to die transaction in question hereunder or applicable (o one or more of die comparison transactions used
<br />to determine the PMRR) that a sophisticated tenant or sophisticated landlord would believe would have a material bnpact on a "fair market rentnt"
<br />determination; provided, however, that: (a) the rent for all comparison transactions shall be adjusted to reflect payment of operating expenses and
<br />real estate taxes in the same manner as the some are payable hereunder (e.g, if this is a modified, full service gross leave, the rent for all comparison
<br />transactions shall, if applicable, be grossed up to reflect payment or operating expenses and taxes in excess of A base year as of the year of
<br />commencement of the transaction), (b) due presence, amount or absence of brokerage commissions in either the subject transaction or the comparison
<br />transactions shall be disregarded, (a) any rent Abatement or other fee rent of any type provided In comparison transactions For the period of the
<br />perfortnAn cc of any tenant improvement work (i.e„ any '"conshvation period") shall be disregarded, and (d) If any tenant Improvements or allowance
<br />provided for Incomparable transactions shall be taken Into account, then the value of fury existing improvements In the Premises (or the Leased First
<br />Right Space) shall also be accounted for In die calculation of the FMRR (provided that if In determining Um FMRR For a subject transaction
<br />hereunder, it is deteimined that free rent or cash allowances (collectively, "Concessions") should be granted, Landlord may, at Landlord's sale
<br />option, elect all or any portion of the following: (i) to grant some or all ofthe Concessions to Tenant as free rent or as an improvement allowance, or
<br />(N) to adjust due monthly installments of the Bose Rent payable for the Extension Tern or with respect to the Leased First Right Space, as the case
<br />may be, to be an effective rental rate which takos into consideration and deducts from monthly rent the amortized amount oFthe total dollar value of
<br />such Concessions, amortized on a straight line basis over the Extension Turn or die term of Tenant's lease of the Leased First Right Space, As
<br />Applicable in which case ilia Concessions so amortized shall not be provided to Tenant).
<br />1,26 "Force Majeure Events" means eventsdascribed in Section 11.5 below.
<br />1.27 "Handle", "Handled", or "Handling" means, with respect to Hazardous Materials, nay installation, handling, generation,
<br />storage, hreatment, use, disposal, discharge, release, manurocture, rctivement, pecson cc, migration, emission, abatement, removal, aransportnllon, or
<br />any other activityofany type bt connection with or involving such Hazardous Materials. '
<br />1,28 "Hazardous Materials" means: (a) any material or substance: (1) that is defined or that becomes defined As a :'hazardous
<br />substance", "hazardous waste," "infectious wnsta," "chemical mixture or substance," or "air pollutant" under Environmental Laws; (11) that contains
<br />Petroleum, crude oil or any traction thereof; (tie) that contains polychlorinated biphenyls (PCB's); (iv) that constitutes asbestos or asbestos -containing
<br />material; (v) that is radioactive; or (vi) that is Infectious; or (b) any other material or substance displaying toxic, reactive, ignitable or corrosive
<br />characteristics, As nil such terns are used (u their broadest sense.
<br />1.29 "IIatItayeI- Rea toI Its Ia" means an amount equal to one hundred I! fly percent (150%) of the greater af,. (a) Landlord's then
<br />published asking rental rate a;, (b) tie Base Rent and Additional Rent payable by Ten oil t to Landlord during the last munch of the Term of this Lease.
<br />1.30 "l aItiul Premises" means the pralnisea described in hem 2.3 of the Basic Lease Provisions.
<br />1.31 "l At Out Torni" means the period (whIall shall earn menee on the ComInto cement Date) that is described in iten 3.3 or the Basta
<br />Lense Provisions; provided that if Ilia Commanoemcut Date shall occur on a day other than the drst day of any calendar month, fur purposes or
<br />Calculating, the date on which the Initial Term is scheduled to expire (i,a„ the Expiration Dote for the Initial Torah) and the timing or ail scheduled
<br />increases in Base Rent during the Initial Term (but not for any other purpose), the Commencement Date shall be deemed to be the first day of the
<br />calendar month following the Commencement Date.
<br />132 "Instil to usual Owner Practices" means the practices of the majority of the Institutional owners of (nslitu tonal grade first-class
<br />alike projects In Orange County, Cnlif'nrala.
<br />1.33 "In toast Rote" means An Annual rate of liaerest equal to the Reference Rate plus two percent (2411),
<br />1.34 "Landlord Desalt" is defined in Settler 16.1 below.
<br />1.35 "Landlord Parties' means, collectively, Landlord, Oceon West Cupital Pwiners, LLC, Portress lnvesuncut Group, LLC, and the
<br />Property Manager, and each of [hair Affiliates And all of their respeelive partners. member, officers. managers. dircotms, tramem, employees,
<br />retirees, beneficiaries, coionctors (including internal Investment contractors), agents, Advisors. mortgAgees and ground lessor. Agents, successors
<br />and n551gns.
<br />N01 n' (Th k Center Dr— Cla, of SawaAnt, 1,veme -2�
<br />80A-138
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