Landlord’s Representative means the Landlord’s Surveyor or any other appropriately qualified person the Landlord from time to time appoints to represent it with regard to this Lease;

Section # # Landlord and Tenant each hereby acknowledge and agree that Tenant is currently in occupancy of the Existing Premises, has inspected the same and the Building and is fully familiar with the physical condition thereof and Tenant agrees to accept the Existing Premises on the date hereof in its then “as is” condition subject to the performance by Landlord of Landlord’s Existing Premises Work (as hereinafter defined). Except for the performance of Landlord’s Existing Premises Work and Landlord’s ongoing maintenance and repair obligations expressly set forth in the Lease (including, without limitation, Landlord’s obligation with respect to Hazardous Materials as and to the extent expressly provided in [Section 4.1(iii)] below), Tenant acknowledges and agrees that Landlord shall have no obligation to do any work in or to the Existing Premises in order to make it suitable and ready for Tenant’s continued occupancy and use thereof. If and to the extent assignable by Landlord without any additional cost to Landlord (unless Tenant shall agree in advance to pay such additional cost), Landlord shall assign to Tenant, upon Tenant’s request, any manufacturer warranties provided in connection with any equipment or fixtures installed by Landlord in the Existing Premises as part of Landlord’s Existing Premises Work (but only if and to the extent that the repair or maintenance of such equipment or fixtures is not Landlord’s responsibility under this Amendment or otherwise under the Lease) (it being agreed that nothing contained herein shall be or be deemed to require Landlord to incur any additional expense specifically incurred to obtain any warranties in connection with any such equipment or fixtures installed by Landlord). Anything to the contrary contained herein notwithstanding, with respect to each portion of Landlord’s Existing Premises Work, Landlord shall remain responsible to repair any defects, including, without limitation, any latent defects, with respect to such portion of Landlord’s Existing Premises Work for a period of time commencing on the date Landlord Substantially Completes such portion of Landlord’s Existing Premises Work and ending on the one (1) year anniversary of the Substantial Completion of such portion of Landlord’s Existing Premises Work, provided that with respect to each portion of Landlord’s Existing Premises Work, Tenant has notified Landlord prior to the expiration of the applicable 1-year anniversary promptly after Tenant has knowledge of such defect.

If Landlord transfers its interest in the Project or this Lease, Landlord shall either # transfer any Security Deposit then held by Landlord to a person or entity assuming in writing Landlord’s obligations under this Section 6. or # return to Tenant any Security Deposit then held by Landlord and remaining after the deductions permitted herein. Upon such transfer to such transferee or the return of the Security Deposit to Tenant, Landlord shall have no further obligation with respect to the Security Deposit, and Tenant’s right to the return of the Security Deposit shall apply solely against Landlord’s transferee. The Security Deposit is not an advance rental deposit or a measure of Landlord’s damages in case of Tenant’s default. Landlord’s obligation respecting the Security Deposit is that of a debtor, not a trustee, and no interest shall accrue thereon.

Rent. All Rent and other payments required to be made by Tenant to Landlord hereunder shall be payable to Landlord at Landlord’s Remittance Address set forth in the Basic Lease Information, or at such other address as Landlord may specify from time to time by written notice delivered in accordance herewith. Tenant’s obligation to pay Rent and any other amounts to Landlord under the terms of this Lease shall not be deemed satisfied until such Rent and other amounts have been actually received by Landlord.

Notwithstanding the foregoing, at Landlord’s option (but without obligation), all or any portion of the Alterations shall be performed by Landlord for Tenant’s account and Tenant shall pay Landlord’s estimate of the cost thereof (including a reasonable charge for Landlord’s overhead and profit) prior to commencement of the work. In addition, at Landlord’s election and notwithstanding the foregoing, however, Tenant shall pay to Landlord the cost of removing any such Alterations and restoring the Premises to their original condition such cost to include a reasonable charge for Landlord’s overhead and profit as provided above, and such amount may be deducted from the Security Deposit or any other sums or amounts held by Landlord under this Lease.

Superior Landlord means the landlord for the time being of the Superior Lease;

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS LEASE, THE LIABILITY OF LANDLORD (AND OF ANY SUCCESSOR LANDLORD) SHALL BE LIMITED TO THE LESSER OF # THE INTEREST OF LANDLORD IN THE BUILDING AND PARCEL OF LAND ON WHICH THE BUILDING IS LOCATED, OR # THE EQUITY INTEREST LANDLORD WOULD HAVE IN THE BUILDING AND PARCEL OF LAND ON WHICH THE BUILDING IS LOCATED IF THE SAME WERE ENCUMBERED BY THIRD PARTY DEBT IN AN AMOUNT EQUAL TO 70% OF THE VALUE OF THE PROPERTY. TENANT SHALL LOOK SOLELY TO LANDLORD’S INTEREST IN THE BUILDING AND SUCH PARCEL OF LAND FOR THE RECOVERY OF ANY JUDGMENT OR AWARD AGAINST LANDLORD OR ANY LANDLORD PARTY. NEITHER LANDLORD NOR ANY LANDLORD PARTY SHALL BE PERSONALLY LIABLE FOR ANY JUDGMENT OR DEFICIENCY, AND IN NO EVENT SHALL LANDLORD OR ANY LANDLORD PARTY BE LIABLE TO TENANT FOR ANY LOST PROFIT, DAMAGE TO OR LOSS OF BUSINESS OR ANY FORM OF SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGE. BEFORE FILING SUIT FOR AN ALLEGED DEFAULT BY LANDLORD, TENANT SHALL GIVE LANDLORD AND ANY MORTGAGEE(S) OF LANDLORD WHOM TENANT HAS BEEN NOTIFIED HOLD MORTGAGES NOTICE AND REASONABLE TIME TO CURE THE ALLEGED DEFAULT. UNDER NO CIRCUMSTANCES SHALL TENANT HAVE THE RIGHT TO OFFSET AGAINST OR RECOUP RENT OR OTHER PAYMENTS DUE AND TO BECOME DUE TO LANDLORD HEREUNDER EXCEPT AS EXPRESSLY PROVIDED IN PARAGRAPHS 15.6, 24.1 AND 25.8 OF THIS LEASE, WHICH RENT AND OTHER PAYMENTS SHALL BE ABSOLUTELY DUE AND PAYABLE HEREUNDER IN ACCORDANCE WITH THE TERMS HEREOF.

Without avoidable delay to give notice to the Landlord and the Superior Landlord of any right to be granted by or to the Tenant pursuant to the Telecommunications Act 1984 with full details of any works to be carried out as a result of the grant of that right and (unless approved by the Landlord and the Superior Landlord under any other provision of this Lease) at the cost of the Superior Landlord to withhold any agreement to the right or works for so long as the Tenant is reasonably able to do so or until the Landlord and/or the Superior Landlord otherwise reasonably stipulates;

Alterations Requirements. In the event Tenant shall desire to perform any Alterations, Tenant shall deliver to Landlord, prior to commencing such Alterations # evidence satisfactory to Landlord that Tenant carries “Builder’s Risk” insurance covering construction of such Alterations in an amount and form approved by Landlord, # such other insurance as Landlord shall reasonably require, and # a lien and completion bond or other security in form and amount satisfactory to Landlord.

To give immediate notice to the Landlord and the Superior Landlord on becoming aware of: