Shutterfly 2009 Annual Report Download - page 123
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10.
Notices
. Any notice or demand given under this Assignment shall be given as follows: (a) to Assignor at the address for notices
to “Tenant”
given in the Lease, and to Assignee at the following address(es): Shutterfly, 2800 Bridge Parkway, Redwood City, CA 94065; and
(b) to Landlord at the address for notices to Landlord given in the Lease.
11. Conditions Precedent
. (a) A condition precedent to the effectiveness of this Assignment is that the Landlord under the Lease
shall have consented hereto as set forth in the signature page below. If such consent is not obtained by May 15, 2008, this Assignment shall, at
the option of Assignor or Assignee upon written notice to the other, be null and void and of no force or effect.
(b) A condition precedent to the effectiveness of this Assignment is that (i) Assignor shall have terminated in writing all subleases
and/or occupancy agreements for all subtenants and other occupants of the Premises (except for the sublease with Aster Data Systems), and (ii)
all such subtenants and occupants shall have vacated the Premises (except for the sublease with Aster Data Systems. If the condition in (i) is
not satisfied by May 15, 2008, this Assignment shall, at the option of Assignee upon written notice to Assignor, be null and void and of no force
or effect. If the condition in (ii) for subtenants and occupants in the Temporary Sublease Premises is not met by May 31, 2008, and/or for
subtenants and occupants in suite 201 is not met by August 14, 2008, this Assignment shall, at the option of Assignee upon written notice to
Assignor, be null and void and of no force or effect.
12. Counterparts
. This Assignment may be executed by the parties signing different counterparts of this Assignment, which
counterparts together shall constitute the agreement of the parties.
[NEXT PAGE IS SIGNATURE PAGE]