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Sublease and Tenant agrees to indemnify, protect, defend and hold Landlord hannless against same and against any cost or expense (including but not limited to cmUlsel fees) incUlTed by Landlord in resisting any claim for such brokerage commission. Fmther, Subtenant agrees to indemnify, protect, defend and hold Landlord harmless against any cost or expense (including but not limited to coWlsel fees) incUlTed by Landlord in resisting any claim for brokerage commissions of brokers claiming through or as agent for Subtenant. 12. Tenant and Subtenant Wlderstand and acknowledge that Landlord's consent hereto is not a consent to any nnprovement or alteration work being perfonned in the Sublet Premises, that Landlord's consent for such work must be separately sought and will not necessarily be given, and that if such consent is given the same will be subject to Tenant and Subtenant's execution of Landlord's standard fonn of agreement with respect to work being perfonned in the Building by persons other than Landlord unless otherwise agreed to in writing by Landlord. 13. In the event of any conflict between the provisions of this consent to sublease and the provisions ofthe Sublease, the provisions of this consent to sublease shall prevail. 14. Any notice or conununication that any party hereto may desire or be required to give any other party under or with respect to this consent to sublease shall be given by prepaid, certified mail addressed to such other party, in the case of Landlord at the Building Office, 702 Marshall Street, Suite #420, Redwood City, California, 94063, and in the case of Tenant or Subtenant at the Sublet Premises, or in any case at such other address as such other party may have designated by notice given m accordance with the provisions of this paragraph. 15. This consent to sublease shall be construed in accordance with the laws of the State of California and contams the entire agreement of the parties hereto with respect to the subject matter hereof and may not be changed or tenninated orally or by course of conduct. Time is of the essence of each provision of this agreement. 16. Tenant and Subtenant agree, at any time, and ITom time to time, upon not less than 15 days prior notice by Landlord to execute, acknowledge and deliver to Landlord, a statement in writing certifying that the Sublease is unmodified and in full force and effect (or, if there have been modifications, that the same is in full force and effect as modified and stating the modifications), and the dates to which the (Annual Base Rental), additional rent and other charges have been paid, and stating whether or not to the best knowledge of the signer of such certificate, Tenant or Subtenant is m default m perfonnance of any covenant, agreement, tenn, provision or condition contained in the Sublease and, if so, specifymg each such default of which the signer may have 5 -.. "-.- '--" -,-,