AMENDMENT NO. 3 TO LEASE

1.Definitions. All capitalized terms used in this Amendment but not otherwise defined shall have the meanings assigned to them in the Lease.

2.Leased Premises. Landlord and Tenant hereby agree that the Leased Premises contains 340,923 rentable square feet of floor area.

3.Building F and Amenities Building H. The definitions of “Building F” and “Amenities Building H” set forth in Article 1 of the Lease are hereby deleted and replaced with the following:

4.Other Buildings. The definition of “Other Buildings” set forth in Article 1 of the Lease is hereby deleted and replaced with the following:

(b) that certain building currently constructed on the Property with a street address of 3000 Tannery Way (“Building E”), containing approximately 290,082 rentable square feet of space, and, for purposes of this Lease, agreed to contain said number of rentable square feet; and

(c) that certain building currently constructed on the Property with a street address of 3200 Tannery Way (“Building G”), containing approximately 309,559 rentable square feet of space, and, for purposes of this Lease, agreed to contain said number of rentable square feet; and

(d) such other buildings as may be built on the Project from time to time.

(a)    The definition of Base Monthly Rent set forth in Article 1 of the Original Lease is hereby deleted and replaced with the following:

Base Monthly Rent:    The term “Base Monthly Rent” shall mean the following:

(b)    The foregoing schedule of Base Monthly Rent includes an adjustment to incorporate the Re-Measured RSF (but deducts therefrom 463 rentable square footage attributable to the Building’s proportionate share of the pedestrian walkway between the Building and Building E), and the further adjustment contemplated by Paragraph 2 of Amendment No. 2. The foregoing deduction is made solely as an accommodation to Tenant, and Landlord and Tenant agree that such deduction shall have no effect on any other provision of the Lease except only to reduce the rentable square footage that was used to determine Base Monthly Rent and that will be used to determine Fair Market Rent for purposes of Article 15 of the Lease.

6.Lump Sum Payment Amendment. Exhibit F attached to the Original Lease is hereby deleted and replaced with Exhibit F attached to this Amendment.

7.Tenant Improvement Allowance. Pursuant to Paragraph 3(b) of the Work Letter, the Tenant Improvement Allowance was stated to be $20,400,000, subject to determining the Re-Measured RSF. Landlord and Tenant hereby agree that the Tenant Improvement Allowance is $20,427,600 (which is based on the Re-Measured RSF minus the 463 rentable square footage attributable to the Building’s proportionate share of the pedestrian walkway between the Building and Building E).

8.Condition Precedent To Lease Amendment. This Amendment and Landlord’s and Tenant’s obligations hereunder are subject to the receipt by Landlord, no later than fifteen (15) business days after the date hereof, of the Lender’s Consent, as hereinafter defined. Landlord hereby agrees to use diligent efforts to obtain the Lender’s Consent by such date; however, if Landlord does not receive the Lender’s Consent by such date, this Amendment may be terminated, at Landlord’s or Tenant’s option, by written notice delivered to the other party within five (5) business days after the expiration of such fifteen (15) business day period, and, upon delivery of such notice, this Amendment shall be deemed terminated and of no further force or effect, and neither party shall have any further rights, obligations, or liabilities hereunder. As used herein, the term “Lender’s Consent” means a written consent to this Amendment, in form reasonably satisfactory to Landlord and Tenant, executed by the holder of the promissory note secured by any deed of trust encumbering the fee interest in the real property of which the Leased Premises are a part.

9.Ratification. The Lease, as amended by this Amendment, is hereby ratified by Landlord and Tenant and Landlord and Tenant hereby agree that the Lease, as so amended, shall continue in full force and effect.

10.1    Voluntary Agreement. The parties have read this Amendment and the mutual releases contained in it, and on the advice of counsel they have freely and voluntarily entered into this Amendment.

10.2    Attorney’s Fees. If either party commences an action against the other party arising out of or in connection with this Amendment, the prevailing party shall be entitled to recover from the non-prevailing party, reasonable attorney’s fees and costs of suit.

10.3    Successors. This Amendment shall be binding on and inure to the benefit of the parties and their successors.

10.4    Counterparts. This Amendment may be signed in two or more counterparts. When at least one such counterpart has been signed by each party, this Amendment shall be deemed to have been fully executed, each counterpart shall be deemed to be an original, and all counterparts shall be deemed to be one and the same agreement.