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c&c s U B L E A S E the United States the sum of $1 ,934.20 If the commencement date is not the first of the month, or if the Sublease termination date is not the last day of the month, a prorated monthly installment shall be paid at the then current rate for the fractional month during which the Sublease commences and/or terminates. Receipt of $1 ,934.20 is hereby acknowledged as rental for the first month, and the additional amount of $1,934.20 as non-interest bearing security for performance under this Sublease. In the event Sublessee has performed all of the terms and conditions of this Sublease throughout the term, upon Sublessee vacating the Premises, the amount paid as a security deposit shall be returned to Sublessee after first deducting any sums owing to Sublessor. 5. Term: 5.1 The term of this Sublease shall be for a period of 13 months commencing on August 1, 2004 and ending on August 31,2005. 5.2 In the event Sublessor is unable to deliver possession of the Premises at the commencement of the term, Sublessor shall not be liable for any damage caused thereby, nor shall this Sublease be void or voidable but Sublessee shall not be liable for rent until such time as Sublessor offers to deliver possession of the Premises to Sublessee, but the term hereof shall not be extended by such delay. If Sublessee, with Sublessor's consent, takes possession prior to commencement of the term, Sublessee shall do so subject to all the covenants and conditions hereof and shall pay rent for the period ending with the commencement of the term at the same rental as that prescribed for the first month of the term prorated at the rate of 1/30th thereof per day. In the event Sublessor has been unable to deliver possession within thirty days from the commencement date, Sublessee, at Sublessee's option, may terminate this Sublease. 6. Use: Sublessee shall use the Premises for general office use and for no other purpose without the written consent of Sublessor. 7. Furniture and Fixtures: During the Sublease term Sublessor shall also lease to Sublessee the furniture described in Schedule 1 attached hereto (collectively, the "Furniture") at no additional expense to Sublessee. Sublessee acknowledges and agrees that the Furniture shall be leased to Sublessee on an as-is basis, without any representation or warranty whatsoever. Sublessee shall not have, or at any time acquire, any right, title or interest in the Furniture, except the right to possession and use of the Furniture during the Sublease term. Sublessee shall maintain the Furniture in good working order and condition during the Sublease Term, at Sublessee's sole expense, ordinary wear and term excepted. Sublessee shall not modify or alter the Furniture, or remove the Furniture without the prior written consent of Sublessor and, upon the 901 MARINERS ISLAND BOULEVARD, SUITE 125, SAN MATEO, CA 94404' (650) 3415800 FAX (650) 341 7024 7/12/04 I :06 PM . ALS-070704-1email rev 1195 Page 2 of3. -'-"""" . ..-. .' """"--'----"'-"-"'---------r--'----" .._--_._-- --...-----.-.-." .