CALIFORNIA, STATE OF EMPLOYMENT DEVELOPMENT DEPARTMENT (3)

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Schedule `9-3", Tenant shall be given a credit against ROFO Rent next due hereunder equal to the amount of any overpayment. If ]'an ant fails, in the applicable Acceptance Notice, to expressly reject Landlord's determination of the FMRR (and ROPO Rent) set forth in the applicable First Offer Noil ce, then Tenant shall conclusively be deemed to have accepted Landlord's determination of the FMRR (and ROFO Reno for the applicable Leased First Right Space as set forth in the applicable First Offer Notice. Notwithstanding anything to the contrary herein. Tenant shall pay Additional Rent with respect to any Leased First Right Space in the same manner as f'or the Initial Premises, including, without limitation, in accordance with the provisions of Section 4.2 of the Lease, and Tenant's Percentage Share shall be increased to take into account the expansion of the Premises to include such Leased First Right Space, 3.4 Delivery aril Contrition of Leased First Right Space: Deliver • improvement. 3.4,1 Landlord shall endeavor to deliver the Leased First Right Space to Tenant on or before the applicable Offered Space Scheduled Commencement Date (as identified in the applicable First Offer Notice); provided, however, thot if for any reason, Landlord is not in a position to so deliver such Leased First Right Space on such date, Landlord shall not be in breach under [his Lease and otherwise shall have no liability to Tenant so long as Landlord uses commercially reasonable efforts to deliver such Leased First Right Space to Tenant as soon as reasonably possible thereafter. 3.4.2 Tenant shall accept any Leased First Right Space in its then existing "AS IS" condition and state of repair, and Landlord shall not be required to perform any worse, supply any materials or blear any expense (including the granting of any allowance to Tenant with respect thereto) to prepare any Leased First Right Space for Tenant's occupancy; provided, however, that: (a) Landlord shall cause the Leased First Right Space to be demised prior to the date on which it is delivered to Tenant, said (b) to the extent (and only to die extent) determined in connection with determination of the FNIRR for any Leased First Right Space: (i) if such Leased First Right Space has not, prior to the date the same is delivered to Tenant, previously been improved, Landlord shall grant to Tenant, a rent f}ee construction period (with respect to the ROFO Rent payable for such Leased First Right Space only) for the construction of the initial Leasehold Improvements (if cry) in such Leased First Right Space, and (D) Landlord may grant to Tenant an improvement allowance to be used for costs that are incurred in connection with the construction of the initial Leasehold Improvements (if any) in such Leased.First Right Space, The construction of all Leasehold Improvements by Tenant in any Leased First Right Space shall comply with the provisions of Article to of the Lease 801 N, Civi<C¢nter De—Cip oJ'Smnn .Imr Lease 4- 1?%hihil I