TiVo 2009 Annual Report Download - page 149

All such Base Rent shall be payable by Tenant in accordance with the terms of the Lease, as amended hereby (the "Amended Lease").
3. Additional Security Deposit. Landlord acknowledges that Tenant currently has $180,516.00 of security deposit on account with Landlord (the
"Existing Security Deposit"). Tenant acknowledges that, concurrently with Tenant's execution of this Amendment, Tenant shall deposit with Landlord an
additional security deposit in the amount of $13,782.75, which when added to the Existing Security Deposit shall equal $194,298.75 (the "New Security
Deposit"). The New Security Deposit shall be held by Landlord without liability for interest and as security for the performance by Tenant of Tenant's
covenants and obligations under the Amended Lease in accordance with the terms of Section 4 of the Original Lease. For purposes of clarity, as soon as
practicable after the expiration or termination of the Expansion Space Term, Landlord shall reduce the New Security Deposit to the Existing Security Deposit
and return the amount of $13,782.75 to Tenant, less such amounts as are reasonably necessary to remedy Tenant's default(s) under this Amendment applicable
to the Expansion Space.
4. Tenant's Share. For the period commencing with the Expansion Effective Date and ending on the Expansion Space Termination Date, Tenant's Share
for the Expansion Space with respect to (i) Operating Expenses, Tax Expenses and Common Area Utility Costs shall be 3.97% of the Park and (ii) Utility
Expenses shall be shall be 22.99% of Building B. During the Expansion Space Term, Tenant shall pay for Tenant's Share of Operating Expenses, Tax
Expenses, Common Area Utility Costs and Utility Expenses applicable to the Expansion Space in accordance with the terms of the Original Lease. Tenant
shall continue to pay for Tenant's Share of Operating Expenses, Tax Expenses, Common Area Utility Costs and Utility Expenses applicable to the Original
Premises in accordance with the terms of the Original Lease throughout the 2nd Extended Term.
5. Condition of Expansion Space. Tenant acknowledges that Landlord shall not be obligated to refurbish or improve the Expansion Space in any
manner whatsoever or to otherwise provide funds for the improvement of the Expansion Space, and Tenant hereby accepts the Expansion Space "AS-IS".
Tenant further acknowledges that, except as set forth in this Section 5 below, neither Landlord nor any agent of Landlord has made any representation or
warranty regarding the condition of the Expansion Space, the improvements, refurbishments, or alterations therein, or Building B or with respect to the
functionality thereof or the suitability of any of the foregoing for the conduct of Tenant's business and that all representations and warranties of Landlord, if
any, are as set forth in the Amended Lease. Landlord warrants that the heating, ventilating and air conditioning systems (the "HVAC"), the plumbing system
and the electrical system existing within the Expansion Space on the Expansion Effective Date shall be in good working order on the Expansion Effective
Date and continuing for ninety (90) days thereafter; provided, however, Landlord shall have no liability hereunder for repairs or replacements to the HVAC,
the plumbing system or the electrical system necessitated by the acts or omissions of Tenant and/or of Tenant's representatives, agents, contractors and/or
employees, and provided that as Tenant's sole remedy for Landlord's breach of this warranty, Tenant shall have the right to cause Landlord to repair the
defective HVAC, the plumbing system and the electrical system (subject to the limitations set forth herein). Except as herein provided, Tenant shall not be
relieved of any maintenance obligations with respect to the HVAC, the plumbing system and the electrical system pursuant to the Amended Lease, including,
but not limited to the obligations in Section 11.1 of the Original Lease.
6. Early Access to Expansion Space. Upon the mutual execution of this Amendment by Landlord and Tenant, Tenant shall have the right to enter the
Expansion Space prior to the Expansion Effective Date in accordance with the terms and conditions of this Section 6 for the sole purpose of installing
furniture, telecommunications systems, data cabling, equipment or other personal property (the "Preparation Work"). Provided that (i) Tenant delivers to
Landlord the insurance certificates for the Expansion Space required under Section 12 of the Original Lease; and (ii) such early entry is for the sole purpose of
performing the Preparation Work, Tenant shall not be required to pay Base Rent or Additional Rent as to the Expansion Space during such early occupancy
period (with the exception of the cost of services requested by Tenant [e.g. freight elevator usage]) until the Expansion Effective Date occurs. Tenant shall
comply with all terms and provisions of the Amended Lease during said early occupancy period, except those provisions requiring payment of Base Rent or
Additional Rent as to the Expansion Space. If Tenant takes possession of the Expansion Space prior to the Expansion Effective Date for any reason
whatsoever (other than the performance of the Preparation Work in the Expansion Space), such possession shall be subject to all the terms and conditions of
the Original Lease and this Amendment, and Tenant shall pay Base Rent and Additional Rent as applicable to the Expansion Space to Landlord on a per diem
basis for each day of occupancy prior to the Expansion Effective Date.
7. Furniture.
(a) Effective upon the Expansion Effective Date, Landlord agrees to lease to Tenant and Tenant agrees to lease from Landlord (at no additional
charge), the units of furniture, personal property and equipment located in the Expansion Space (hereinafter individually and collectively referred to herein as
the "Furniture") more particularly described on Exhibit B, attached hereto and incorporated herein by this reference. Landlord or its assignee retains the full
legal title to the Furniture and Tenant shall have no right, title or interest in the Furniture except as expressly provided herein. The term of this lease of the
Furniture shall be coterminous with the Expansion Space Term.
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