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1.23 "Holder" means the holder of on Security lnstnunenC,
<br />1.24 "Expressly Restricted Use" maans any use For: (a) offices of any division, Agency or bureau of Any foreign government or
<br />subdivision thereof„ (b) offices of oily health Cate professionals or Fur the provision of any health cafe services, (c) any schools, (d) Any intall or
<br />restaurant uses, (e) ally residential use, (0 any communications uses such as broadcasting radio and/or lelevldon stations, (g) "executive suite" type
<br />risen where CMDO suites are maintained for Individual rental, or (h) any occupancy density greater then the average occupancy density for office
<br />lenaills of die Prof col.
<br />1.25 The "FfvIRR" of the premises for a particular Extension Tager (as defined In Schedule .'7•II) or Ibr a particular Leased First
<br />Right Space (as defined in Schedule J.2') for the term of Tenant's lease thereof, 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 number of aanent comparable transactions In the
<br />Prol that landlords of the Comparable Buildings have agreed to accept, and sophisticated nonalfliated tenants of the Project and/or Comparable
<br />Buildings have agreed to pay, In current arms -length, non -equity (Le., not being offared equity in the building), kaostatans for comparable space (in
<br />terms of condition, floor location, view and floor height) of comparable size (in terms of aquuro feet of Rentable Area), for a term equal to the
<br />Extension. Tenn (or the term of Tenant's lease of the applicable Leased First Right Space) mid with a commencement date within six (6) months
<br />below or after Ella first tiny of the Fartenshon Term (or the applicable Ordered Space Solaidulad Camnoncemont Date (as defined in Stihedillo I'M" ),
<br />which tent per square root shall take Into account and make adjustment for the existence, timing and amount of any increases ill rent following term
<br />commencement In the comparison transactions, and shall at nil times take into consideration and make adjustment for nil other material differences in
<br />all forms, conditions or fedora (applicable to the transaction in question hereunder or applionble to one or more of the comparison transactions used
<br />to detormine the FMRR) that a sophisticated tenant or sophisticated Ituldlord would believe would have a material Impact on a "fair market rental"
<br />determinadon; provided, however, that: (a) the mat for all comparison h'ansaottons shall be adjusted to reflect payment of operating expenses and
<br />real estate taxes In the same manner us the same are payable hsxaunder (e.g, if this Is a inodilted, Fill service gross Joel the rent for all comparison
<br />h•ansactfons shall, If applicable, be grossed up to reflect payment of operating expenses and taxes in excess of a base year as of' tile yogi, of
<br />commencement of the translation), (b) the pmaenee, amount or absellee of brokerage commissions ill either die subject irmsacdon or die Comparison
<br />transactions shall be disregarded, (a) any rent abatement or, color flee rent of any type previdod in comparison transactions for the period of the
<br />performnuce Of Any tenank impinvdihant work (i.e., any "construction perktill shall be disregarded, and (d) if any tenant Improvements or Allowance
<br />provided for in comparable transactions shall be taken into account, then the vane of any existing improvements Ia the Promises (or the Lensed .First
<br />Right Space) shall Also be Accounted for in the calculation or the FMRR (provided that If In determining the FMRR For a subject transaction
<br />hereunder, it is determined that ilea rem or cash allowances (collectively, "Concessions") should be granted, Landlord ony, at Landlord's sole
<br />option, elect all crony portion of the following: (1) to grant some or all ofthe Concessions to Tenant as free tartar As an Improvement allowance, or
<br />(11) to adjust the monthly installments of the Base Rent payabla for the Extension Term or with respect to the Leased First Right Space, as ilia case
<br />may be, to be an effective rental rate which takes into consideration and deducts from monthly rent the month ad amount ofthe total dotter value of
<br />such Concessions, amartlzed oil a straight lino basis over the Extension Term or the term of Tonanf's lease of the Leased First Right Space, as
<br />applicable in which case die Concessions so amortized shall not bo provided to Tell
<br />1.26 ".Force Majeure Events" means events described in Sectiou 17.5 below.
<br />1.27 "Handle", "handled", or "Handling" meths, with respect to Hazardous Materials, any Installation, handling, generation,
<br />Mingo, hcatment, use, disposal, discharge, release, mmmfaeture, retinament, presence, migration, emission, abatement, removal, transportation, or
<br />anyother activity ofany type in connection with or involving such Hrnzaxlnus materials.
<br />1.28 "Hazardous Materials" means: (a) oily material or substance: (i) that is defined or that becomes defend as a "hazmdous
<br />substance", "hazardous waste," "inibclious waste," "chemical mixture or substance," or "air pollutant" under Environmental Laws; (II) dint contains
<br />pctrcicua, crude oil or stly haction thereof, (id) that contains polychlorinated biphollyls (I'CB's); (iv) that constftutms Asbestos or nsb stos-containing
<br />muterinh (v) tluaL to radioactive; or (vi) that is Infocdoos; or (b) Any other materiel or substance displaying toxic, reactive, ignitable or corrosive
<br />characteristics, as all such terms are used in their broadest sense.
<br />1.29 "Holdover Rental RAW" means an amount equal to one hundred llfty percent (150V/) or the greater of; (a) Landlord's then
<br />published Asking rental rote or(b) the Base Remand Additional Rent payable by Tenant to Landlord daring (holing reandn of tim Term of this Lease.
<br />1.30 `Initial Premises" means the premises desarihed ill 1 er 3 of the Basic Lease Provisions.
<br />1.31 "Initial Term" Monts the period (which shalt commence on the Commencement Dew) that is described in Item 3.3 of the Basic
<br />Lease Provislons; provided dial If ilia Commencement Data shall occur on a day Omer than die first day orally calendar month, for purposes or
<br />calculating the dale on which the Initial Term is scheduled to expire (i.e„ the E•xpUmlion Date for the Initial Term) and tie timing ornu scheduled
<br />fiv roaseg in Base Rent during the Initial Term (but nit for Any other purpose), the Commencement Date shall be deemed to be the first day of the
<br />calendar month following the Commencement Data.
<br />1.32 "lnstitationni Owmar Practices" means Illo practices orthe nlgjarity ord, institutional owners of illadLutional grade first-class
<br />Office praiecu in Onulge County, Cadflal a.
<br />1.33 "InterestRoto" menns Ali annual rate orinterestoqunl to the Rel'areace Rile plus two percord.Q0Ad.
<br />1,34 "Landlord Defnmit" is defined ill e fen .1 below.
<br />L35 "Landlord parties" recalls, collectively, Landlord, Occnn West Capital Partners, LLC, Fortress investment Group. LLC, and the
<br />Property- Manngor, and each of their AlTilinics (kilo all of their respective partners, momhers, ulTicers, managers. diractors, trustees, employees,
<br />rctroo3, benelicfndes, contractors (Including internal Investment contractors), agents. advises, nicrigugaes anti ground lassws, agents, successors
<br />call assigns,
<br />801 W CAPc (renter Or—Clry ofSrnita Ann Lease -2-
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