AMENDED AND RESTATED

                          INDUSTRIAL REAL ESTATE LEASE

                            (MULTI-TENANT FACILITY)

                     CB COMMERCIAL REAL ESTATE GROUP, INC.

                            BROKERAGE AND MANAGEMENT

                          LICENSED REAL ESTATE BROKER



ARTICLE ONE: BASIC TERMS



        This Article One contains the Basic Terms of this Amended and Restated

Lease between the Landlord and Tenant named below. Other Articles, Sections and

Paragraphs of the Lease referred to in this Article One explain and define the

Basic Terms and are to be read in conjunction with the Basic Terms.



        Section 1.01. DATE OF LEASE:  January 1, 1997



        Section 1.02. LANDLORD (INCLUDE LEGAL ENTITY): EQUUS 9177, LLC



Address of Landlord:  2635 Camino del Rio South, Suite 208

                      San Diego, California 92108



        Section 1.03. TENANT (INCLUDE LEGAL ENTITY):

                      I-Bus, Inc., a California corporation



Address of Tenant:    9174 Sky Park Court, San Diego, California 92123

        See First Lease Rider Recitals and Item 17.



        Section 1.04. PROPERTY: The Property is part of Landlord's multi-tenant

real property development known as Sky Park Center (the "Project"). The Project

includes the land, the buildings and all other improvements located on the

land, and the common areas described in Paragraph 4.05(a). The Property is

(include street address, approximate square footage and description) 9173 and

9174 Sky Park Court, San Diego, California, approximately 57,648 square feet as

further described in Exhibits B, C, D, and H. The Expansion Space which

consists of approximately 5,589 sq. ft. shall be built out as described in

Article 15 of the First Lease Rider. The Additional Space which consists of

approximately 14,074 sq. ft. is described in Exhibit H. See First Lease Rider,

Item 1.



        Section 1.05. LEASE TERM: Four (4) years two (2) months BEGINNING ON

January 1, 1997 or such other date as is specified in this Lease, and ENDING ON

February 29, 2001



        Section 1.06. PERMITTED USES: (See Article Five) Engineering, Research

& Development, Light Manufacturing, Assembly, Distribution and Administrative

offices. 



        Section 1.07. TENANT'S GUARANTOR: (if none, so state)  None



        Section 1.08. BROKERS: (See Article Fourteen) (if none, so state)

Landlord's Broker:  See First Lease Rider, Item 11.

Tenant's Broker:



        Section 1.09. COMMISSION PAYABLE TO LANDLORD'S BROKER: (See Article

Fourteen) $ See First Lease Rider, Item 11.



        Section 1.10. INITIAL SECURITY DEPOSIT: (See Section 3.03) $ None



        Section 1.11. VEHICLE PARKING SPACES ALLOCATED TO TENANT: (See Section

4.05)  See First Lease Rider, Item 2.



        Section 1.12. RENT AND OTHER CHARGES PAYABLE BY TENANT:



        (a) BASE RENT: See First Lease Rider, Item 3.  Dollars ($           )

per month for the first             months, as provided in Section 3.01, and

shall be increased on the first day of the                    month(s) after

the Commencement Date, either (i) as provided in Section 3.02, or (ii)

                                                        . (If (ii) is completed,

then (i) and Section 3.02 are inapplicable.)



        (b) OTHER PERIODIC PAYMENTS: (i) Real Property Taxes (See Section

4.02); (ii) Utilities (See Section 4.03); (iii) Insurance Premiums (See Section

4.04); (iv) Tenant's Initial Pro Rata Share of Common Area Expenses        %

(See Section 4.05); (v) Impounds for Insurance Premiums and Property Taxes (See

Section 4.08); (vi) Maintenance, Repairs and Alterations (See Article Six). See

First Lease Rider, Item 4.



        Section 1.13. LANDLORD'S SHARE OF PROFIT ON ASSIGNMENT OR SUBLEASE:

(See Section 9.05) See First Lease Rider, Item 9(B). percent (     %) of the

Profit (the "Landlord's Share").



        Section 1.14. RIDERS: The following Riders are attached to and made a

part of this Lease: (if none, so state)

        First Lease Rider

        Exhibit A - Specifications

        Exhibit B - Floor plans

        Exhibit C - Expansion Space

        Exhibit D - Project Site Plan

        Exhibit E - Building Rules and Regulations

        Exhibit F - Work Letter Agreement

        Exhibit G - Tenant's Use of Hazardous Mat.

        Exhibit H - Additional Space





Copyright 1988 Southern California Chapter              [LOGO]

               of the Society of Industrial

               and Office Realtors(R), Inc.





                                       1



                            (Multi-Tenant Net Form)





{PAGE}   2

ARTICLE TWO: LEASE TERM



        Section 2.01. LEASE OF PROPERTY FOR LEASE TERM. Landlord leases the

Property to Tenant and Tenant leases the Property from Landlord for the Lease

Term. The Lease Term is for the period stated in Section 1.05 above and shall

begin and end on the dates specified in Section 1.05 above, unless the

beginning or end of the Lease Term is changed under any provision of this

Lease. The "Commencement Date" shall be the date specified in Section 1.05

above for the beginning of the Lease Term, unless advanced or delayed under any

provision of this Lease.



        Section 2.02. DELAY IN COMMENCEMENT. Landlord shall not be liable to

Tenant if Landlord does not deliver possession of the Expansion Space to Tenant

on the Commencement Date. Landlord's non-delivery of the Expansion Space to

Tenant on that date shall not affect this Lease or the obligations of Tenant

under this Lease except that the payment of the increase in Base Rent and Other

Periodic Payments as described in paragraph ?(c) and ?(B) of the First Lease

Rider shall be delayed until Landlord delivers possession of the Expansion

Space to Tenant.



        Section 2.04. HOLDING OVER. Tenant shall vacate the Property upon the

expiration or earlier termination of this Lease. Tenant shall reimburse Landlord

for and indemnify Landlord against all damages which Landlord incurs from

Tenant's delay in vacating the Property. If Tenant does not vacate the Property

upon the expiration or earlier termination of the Lease and Landlord thereafter

accepts rent from Tenant, Tenant's occupancy of the Property shall be a

"month-to-month" tenancy, subject to all of the terms of this Lease applicable

to a month-to-month tenancy, except that the Base Rent then in effect shall be

increased by twenty-five percent (25%).



ARTICLE THREE: BASE RENT



        Section 3.01. TIME AND MANNER OF PAYMENT. Upon execution of this Lease,

Tenant shall pay Landlord the Base Rent in the amount stated in Paragraph

1.12(a) above for the first month of the Lease Term. On the first day of the

second month of the Lease Term and each month thereafter, Tenant shall pay

Landlord the Base Rent, in advance, without offset, deduction or prior demand.

The Base Rent shall be payable at Landlord's address or at such other place as

Landlord may designate in writing.



        Section 3.02. COST OF LIVING INCREASES. The Base Rent shall be

increased on each date (the "Rental Adjustment Date") stated in Paragraph

1.12(a) above in accordance with the increase in the United States Department

of Labor, Bureau of Labor Statistics, Consumer Price Index for All Urban

Consumers (all items for the geographical Statistical Area in which the

Property is located on the basis of 1982-1984 = 100) (the "Index") as follows:



        (a) The Base Rent (the "Comparison Base Rent") in effect immediately

before each Rental Adjustment Date shall be increased by the percentage that

the Index has increased from the date (the "Comparison Date") on which payment

of the Comparison Base Rent began through the month in which the applicable

Rental Adjustment Date occurs. The Base Rent shall not be reduced by reason of

such computation. Landlord shall notify Tenant of each increase by a written

statement which shall include the Index for the applicable Comparison Date, the

Index for the applicable Rental Adjustment Date, the percentage increase

between those two indices, and the new Base Rent. Any increase in the Base Rent

provided for in this Section 3.02 shall be subject to any minimum or maximum

increase as described in "First Lease Rider", Item 3.



        (b) Tenant shall pay the new Base Rent from the applicable Rental

Adjustment Date until the next Rental Adjustment Date. Landlord's notice may be

given after the applicable Rental Adjustment Date of the increase, and Tenant

shall pay Landlord the accrued rental adjustment for the months elapsed between

the effective date of the increase and Landlord's notice of such increase

within ten (10) days after Landlord's notice. If the format or components of

the Index are materially changed after the Commencement Date, Landlord shall

substitute an Index which is published by the Bureau of Labor Statistics or

similar agency and which is most nearly equivalent to the Index in effect on

the Commencement Date. The substitute Index shall be used to calculate the

increase in the Base Rent unless Tenant objects to such index in writing within

fifteen (15) days after receipt of Landlord's notice. If Tenant objects,

Landlord and Tenant shall submit the selection of the substitute index for

binding arbitration in accordance with the rules and regulations of the

American Arbitration Association at its office closest to the Property. The

Home        Intelligence        Services        Subscriptions        News        About Us

Contact Us       Terms of Use       Resend Documents       Shopping Cart

Copyright © 2008 The Consus Group LLC